Acquisition of land for park purposes. Descrip tion of lands. Proceed ings for acquiring title. Chap. 762. AN ACT to enable the city of Albany to procure additional land for park purposes. BECAME a law May 23, 1894, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The board of commissioners of the Washington park, their successors or successor, of the city of Albany, is hereby authorized and empowered to acquire for a public park, the title to all the lands not owned by said city of Albany lying and being in the eighth ward of the city of Albany within the area bounded as follows: Beginning at the northeast corner of Knox and Colonie streets; thence east along the north side of Colonie street to a point five hundred and eighty-six feet east of the east side of Lark street; thence north parallel with Knox street one hundred and twenty-five feet to the north side of lots lying and being on the north side of Colonie street; thence east and parallel with Colonie street about eight hundred and forty-one feet to the east side of Swan street; thence north and along east side of Swan street and said Swan street line produced to north side of Dudley avenue about nine hundred and forty-five feet; thence east and along the north sile" of Dudley avenue to the line of New York Central railroad lands about seven hundred and fifteen feet; thence north and west along lands of the New York Central railroad to a point where the east line of Knox street prolonged meets said railroad line; thence south along said prolongation of Knox street line and along the east line of Knox street to place of beginning. And whenever the said board shall proceed to acquire title to the same such proceedings shall be taken and conducted according to and in pursuance of the provisions of title seventeen of chapter two hundred and ninetyeight of the laws of eighteen hundred and eighty-three, entitled "An act to provide for the government of the city of Albany," and of the several acts amendatory thereof; but the proceedings for condemnation and the acquisition of title to said lands shall be conducted as a whole, and all the property to be taken shall be valued in one proceeding, and no valuation shall be finally arrived *So in the original. at, agreed upon or reported by the commissioners appointed to make such appraisal, until the several appraisals for all the lands above directed to be taken shall be completed. fee of real estate, how § 2. The absolute fee of said real estate so purchased or acquired Absolute under and by virtue of this act shall be vested in such commis-vested. sioners and their successors, in trust, for the purpose of a public park, and said park shall be known as Dudley park. bonds for price and payable, § 3. After said lands shall have been acquired as aforesaid Issue of and for the purposes of paying the price of purchasing and purchase acquiring said real estate, and the costs and expenses of the pro- expenses. ceedings to acquire the same, which shall not exceed in the aggre gate the sum of one hundred thousand dollars, it shall be the duty of the board of finance of the city of Albany to borrow on the faith and credit of the city of Albany such sums as shall be required to pay the expenditures authorized under this act, and to issue registered bonds of said city therefor, which bonds shall be signed by the said mayor and chamberlain, and shall be made payable, both principal and interest, at the office of the chamberlain in the city of Albany, the principal thereof in forty annual When payments, following the first issue thereof, as nearly etc. equal in amount as possible; they shall bear interest at a rate to be fixed by the board of finance of the said city, not to exceed, however, five per centum per annum, payable semi-annually, and as fast as the money shall be required by said commissioners, they shall be negotiated by said board of finance, as hereinafter provided, and the money received therefrom shall be deposited with the Disposition chamberlain of said city, who shall keep a separate account ceeds. thereof, and shall pay therefrom, upon the order of said board, their successors or successor, such sum as shall be required for the expenditures authorized by this act. The negotiation of Negotiation such bonds shall be by selling the same, by the said chamberlain, to the highest bidder, at public auction, at not less than par, giving at least, ten days' previous notice of the time and place. of sale, by publication in the city papers designated for the publication of the city proceedings. When such lands shall have Advances been acquired as aforesaid the chamberlain of the city of ditures. Albany is hereby authorized to make advances for the necessary expenditures by the said commissioners, upon their order or draft, from any funds in his possession, prior to the issuing of the bonds. herein authorized, and to be reimbursed from the proceeds of of pro of bonds. for expen terest and Tax for in subsequent sale of any of said city bonds. It shall be the duty principal. of the common council of said city to cause to be raised yearly, by taxation, upon the taxable property in said city, in the same manner as the other general taxes are levied, a sum sufficient to pay the interest upon said bonds, when and as the same shall become due and payable, and, from time to time, in like manner, to raise the money necessary to pay the principal of said bonds as they shall fall due. Any balance remaining in the hands of the expended said commissioners out of said fund, after paying for said lands and the expense of acquiring the same, or so much thereof as shall be necessary, shall be used and expended by said commissioners in the completion and improvement of said park. § 4. This act shall take effect immediately. Appilca tion of un balance. Plans for collection and dis posal of garbage. for collec bage, pur Chap. 763. AN ACT to authorize the city of Albany to borrow money and issue bonds for the purchase or building of a garbage crematory for the use of said city. BECAME a law May 23, 1894, with the approval, of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Whenever the board of health of the city of Albany shall consider it necessary for the preservation of the public health of said city, said board is authorized and empowered to formulate plans for the collection and disposal of the garbage, or house offal, of the city of Albany, and to enter into suitable conContracts tracts, to be let in the manner prescribed by law, by the board tion of gar- of contract and apportionment, for the collection of the garbage and for the purchase of suitable land and the erection of suitable buildings for the cremating or chemical treatment of the garbage, in the manner that shall be, in the judgment of said board of health, for the best interests of the city. Such contracts may, if deemed advisable by said board of contract and apportionment, be let for periods longer than two years, notwithstanding any provision of law heretofore passed to the contrary. chase of land, etc. § 2. It shall be the duty of the board of finance of the city of Albany to borrow, on the faith and credit of the city of Albany, bonds for lands and erection of of pro such sum or sums of money as shall be required to pay the expen- Issue of ditures herein authorized to be made by the said board of health purchase of for the purchase of land and the erection of buildings for garbage buildings. disposal, and to issue the bonds of said city therefor, which bonds shall be signed by the mayor and chamberlain, and shall be made, registered and payable in the city of Albany. They shall not exceed thirty thousand dollars in amount and shall bear interest at a rate to be fixed by the board of finance, not, however, to exceed five per cent per annum, payable semi-yearly; and upon the request of said board of health they shall be negotiated by said mayor and board of finance, as hereinafter provided, and the Disposi ion money received therefrom shall be deposited with the chamber. ceeds. lain of said city, who shall keep a separate account thereof, and shall pay therefrom under the order of said board of health, or a majority of said board, such sums as shall be required by the expenditures for the purchase of land and for the erection of buildings for garbage disposai. The negotiation of such bonds Negotiashall be by selling the same by the said chamberlain to the high-bonds. est bidder at public auction, at not less than par, giving at least ten days' previous notice of the time and place of sale, by publication in the city papers designated for the publication of city proceedings. Such bonds shall be issued in such manner and for such Issue of length of time that six thousand dollars shall be payable each ated. year, commencing the second year after the issue of the first one, the last of said bonds to be payable not later than five years from the issue of the first bond. tion of bonds regu interest principal. for expend § 3. It shall be the duty of the common council of the city of Tax for Albany to cause to be raised yearly by tax upon the taxable prop- and erty in said city, in the same manner as other general taxes are levied, a sum sufficient to pay the interest upon said bonds when and as the same shall become due and payable, and the sum of six thousand dollars to meet the amount of principal coming due each year under the provisions of this act. The chamberlain of Advances the city of Albany is hereby authorized to make advances for theitures. recessary expenditures by the said board of health for the purpose of acquiring land and for the erection of buildings thereon for garbage disposal, upon their order or draft, from any funds in his possession, prior to the issuing of the bonds herein authorized, and to be reimbursed from the proceeds of the subsequent sale of any of such city bonds. Tax for collection and dis posal of garbage. 4. In order to defray the expenses of collecting the city garbage and of bringing the same to the disposal works and of there disposing of the same by cremation or chemical treatment, it shall be the duty of the common council of the city of Albany to cause to be raised yearly by tax upon the taxable property in said city, in the same manner as other general taxes are levied, such sum as the board of health may estimate to be necessary for that purpose; said sum shall not, however, exceed in aggregate amount a sum computed at the rate of twenty-five cents per head of the population of the city of Albany, according to the latest official state or federal census. $ 5. This act shall take effect immediately. Chap. 764. AN ACT to enable the towns and cities of this state to use the The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The board of supervisors of any county within this state in which one-half or more of the towns therein shall have adopted the Myers automatic ballot machine, as authorized by section forty-two of the town law, may at any annual session or special meeting called for that purpose, provide for the use of the Myers automatic ballot machine in such towns and in those thereafter SO adopting the same, at all elections held therein; and it shall also be lawful for the common council of any city other than the cities of New York and Brooklyn, by a two-thirds vote, to determine upon the use of said Myers automatic ballot machines at all elections to be held within such city; and thereupon such ballot machines shall be used for the purpose of voting for all public officers, to be elected by the voters of such towns or city, or any part thereof, and upon all constitutional amendments, or propositions, or questions which may lawfully be submitted to such voters, and for registering and counting the ballots cast at such elections. But nothing in this section contained shall be construed as compelling the use of such ballot machines |