Chap. 264. AN ACT to amend chapter one hundred and seven of the laws of Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and amended. Section 1. Section two of chapter one hundred and seven of the Charter laws of eighteen hundred and eighty-eight, entitled "An act for the incorporation of the Grand Lodge of the United States of the Independent Order Free Sons of Israel," is hereby amended so as to read as follows: organiza § 2. The objects of said organization are hereby declared to be for Objects of the cultivation and promotion of charity and benevolence, and moral, tion. mental and social culture among its members, their mutual benefit in case of sickness or distress, proper interment for their dead, and provisions by means of endowments for their widows and orphans, parents and such beneficiaries as may be duly designated by the members of said organization in accordance with the laws and rules as such organization may adopt. The principal business office of said Principal corporation shall be located in the city of New York. § 2. This act shall take effect immediately. office. Chap. 266. AN ACT to amend chapter four hundred and sixty-six of the laws Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section twenty-nine of chapter four hundred and sixty-six of the laws of eighteen hundred and seventy-seven, en Act amended. Preference of em ployees. Sums due truckmen and cart men. titled "An act in relation to assignments of the estates of debtors for the benefit of creditors" is hereby amended to read as follows: § 29. In all assignments, made in pursuance of this act, the wages or salaries actually owing to the employes of the assignor or assignors at the time of the execution of the assignment, shall be preferred before any other debt; and should the assets of the assignor or assignors not be sufficient to pay in full all the claims preferred, pursuant to this section, they shall be applied to the payment of the same pro rata to the amount of each such claim. All sums due to truckmen or cartmen for the payment of freight and for the carriage of goods, wares and merchandise shall be deemed and treated as wages for the purposes of this act. § 2. This act shall take effect immediately. Chap. 267. AN ACT to amend section six hundred and fifty-two of the penal Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section six hundred and fifty-two of the penal code is hereby amended so as to read as follows: § 652. Driving vehicles, et cetera, on sidewalks.--A person who willfully and without authority or necessity drives any team, vehicle, cattle, sheep, horse, swine or other animal along upon a sidewalk is punishable by a fine of fifty dollars, or imprisonment in the county jail not exceeding thirty days, or both. Subdivision 1. A person who willfully and without authority or necessity drives any team or vehicle, except a bicycle, upon a side path, or wheelway, constructed by or exclusively for the use of bicyclists, and not constructed in a street of a city, is punishable by a fine of not more than fifty dollars, or imprisonment not exceeding thirty days, or both. §2. This act shall take effect immediately. Chap. 268. AN ACT to amend the code of civil procedure, relating to judges Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section forty-six of article one, title two, of the code Amendof civil procedure, is hereby amended so as to read as follows: ment. to sit when party, etc. § 46. A judge shall not sit as such in, or take any part in the Judge not decision of, a cause or matter to which he is a party, or in which interested he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity, or affinity to any party to the controversy within the sixth degree. The degree shall be ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. But a judge of the court of appeals shall not be disqualified from taking part in the decision of an action or special proceeding in which an insurance company is a party or is interested, by reason of his being a policyholder therein. A judge other than a judge of the court of appeals, or of the appellate division of the supreme court, shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge. § 2. This act shall take effect September first, eighteen hundred When and ninety-seven. takes effect. Chap. 269. AN ACT to provide for the construction and maintenance of bridges over the waters between cities and towns or incorporated villages in said towns. Accepted by the city. Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Whenever the highway commissioners having power Construcin the premises under this act shall decide that the public con- bridges. tion of Purchase of lands for approaches. Condemna- Issue of bonds. venience requires a bridge to be constructed over the stream or waters dividing a city from a town or any incorporated village in said town, the same shall be constructed under and according to the provisions of the highway law for the construction of bridges between towns, being article five of chapter nineteen of the general laws, the common council of the city being the highway commissioners of said city, and the board of village trustees of any incorporated village in the town being the highway commissioners of said village. § 2. Any land required for the approaches to said bridges for a distance not exceeding three hundred feet from the bridge, may be bought by the commissioners of highway constructing the bridge, the approaches constructed and the cost thereof included in the cost of the bridge. § 3. When an agreement can not be made as to the price to be paid for the land for such approaches, the said land shall be condemned in the manner as provided by chapter ninety-five, laws of eighteen hundred and ninety, with the acts amendatory thereof. The expenses of said condemnation proceedings shall be included in and be a part of the cost of the bridge. § 4. In order to pay for the said bridges, the city, the town, if the bridge is in an unincorporated section of the town, or an incorporated village in said town, if the bridge is in said incorporated village, shall have the power to issue bonds to be known as bridge bonds of the said city, town or village, as the case may be, by the officers thereof, and in the manner provided by law for the issue of other bonds of said city, town or village, to an amount necessary to pay its proportion of the cost of said bridges. The total amount of such bonds to be issued by the city shall not exceed thirty thousand dollars, or by a town or incorporated village fifteen thousand Sale and dollars. Said bonds shall not be sold for less than the par value thereof and accrued interest, if any; shall mature and be payable at a time not over twenty years from date; be of such denominations and bear such interest, not exceèding five per centum per annum, as the common council of the city, in case of a city; the board of village trustees, in case of a village, or the town board, in the case of the town, shall determine. The proceeds of the said bonds shall be paid to the proper officer for receiving funds of each municipality, and credited to a fund which shall be known as the bridge fund, and shall only be paid out by warrants, as other funds of said city, town or village are paid out. application of pro ceeds. tion of act. § 5. This act shall apply only to towns from which at least one- Applicaquarter of the territory thereof has heretofore been taken for park purposes, and which also adjoin a city containing at the time of the taking of the last federal census a population of one and onehalf million. § 6. This act shall take effect immediately. Chap. 273. AN ACT for acquiring lands in "The state reservation on the Saint Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and tion for improve Section 1. The sum of thirty thousand dollars, or so much thereof Appropriaas may be necessary, is hereby appropriated out of any moneys in land and the treasury, not otherwise appropriated, to be paid by the treasurer ments. on the warrant of the comptroller, to the commissioners of fisheries, game and forests, to be expended by such board in the purchase of islands, points of land on the main shore or on islands within such reservation, created and described by chapter eight hundred and two of the laws of eighteen hundred and ninety-six, for building wharves, piers and necessary buildings on the lands so acquired, and for otherwise maintaining and improving the lands of the state within such reservation. § 2. This act shall take effect immediately. Chap. 274. AN ACT providing for the sale of certain lands belonging to the state. Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The commissioners of the land office are hereby au- Sale of thorized and empowered to sell at public auction,, and to convey to hospital lands authorized. |