§ 436. Acquisition of real property by condemnation. Whenever, under this act, any real property or interest therein is required for any city purposes, and there is no provision in this act for the manner of acquiring the same, the title to such property may be acquired by condemnation.

§ 437. Service of notice on joint owners or tenants in common.Wherever any real estate in said city shall be owned by two or more persons jointly, or as tenants in common, a notice served on any one of them shall be a sufficient notice for any purpose requiring notice under this act.

§ 438. Jury lists. The supervisors of said city with the assessors shall make out and return to the county clerk of Schenectady county a list of persons to serve as petit and grand jurors in the several courts held in said county at the same time and in the same manner prescribed by law for supervisors, assessors and town clerks of the several towns of this state, and for that purpose they shall assemble at such place as a majority of said supervisors shall appoint.

TITLE XVI.

WHEN TO TAKE EFFECT; REPEAL; SAVING CLAUSE.

Section 450. When acts take effect.

451. Laws repealed.
452. Saving clause.

Section 450. When act takes effect.- Except as otherwise provided, so much of this act as pertains to the election of officers, and the provisions of sections thirteen, forty-three and one hundred and seventy-one, shall take effect September first, nineteen hundred and three; the remainder of the act shall take effect January first, nineteen hundred and four.

§ 451. Laws repealed.-Chapter three hundred and eighty-five of the laws of eighteen hundred and sixty-two, except sections six and seven of title one thereof, as added by chapter two hundred and four of the laws of nineteen hundred and two; chapter two hundred and twenty-nine of the laws of eighteen hundred and seventy; chapters three hundred and thirty and four hundred and eighty-five of the laws of eighteen hundred and eighty-three; chapter six hundred and thirty-one of the laws of eighteen hundred and ninety-three; chapter two hundred and eighty-one of the laws of eighteen hundred and ninety-eight; chapter five hundred and eighty-eight of the laws of eighteen hundred and ninety-nine, and all other laws and city ordi

nances inconsistent with the provisions of this act, are hereby repealed. Such repeal shall not revive any act or ordinance repealed by a law or ordinance hereby repealed, but shall include all laws amendatory of the laws repealed, except as provided in this section. Such repeal shall not affect any right already existing or accrued, or any liability incurred by reason of any violation or a law or ordinance heretofore existing, or any suit or proceeding already instituted, or action had under the laws or ordinances, unless expressly provided in this act. Nothing herein contained shall be construed to affect any of the acts or parts of acts to regulate and improve the civil service of the state of New York.

§ 452. Saving clause.- Nothing contained in this act shall be construed to repeal any statute of the state or ordinance of the city, or rule or regulation of the board of health, or the rules and regulations adopted by the water commissioners of the city, not inconsistent with the provisions of this act, and the same shall remain in fuil force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the provisions of this act. The powers which are conferred and the duties which are imposed upon any officer or department of the city under any statute of the state, or any city ordinance which is in force at the time of the taking effect of this act, shall, if such office or department be abolished by this act, be thereafter exercised and discharged by the officer, board or department upon whom is imposed corresponding or like functions, powers and duties under the provisions of this act. Where any contract has been entered into by the city, prior to the time of taking effect of this act, or any bond or undertaking has been given to or in favor of the city, which contains provisions that the same may be enforced by some officer, board or department therein named, but by the provisions of this act such office, board or department is abolished, such contracts, bonds and undertakings shall not in any manner be impaired but shall continue in full force and the powers conferred and the duties imposed with reference to the same upon the officer, board or department which has been abolished, shall thereafter be exercised and discharged by the officer, board or department upon whom is conferred or imposed like powers, functions or duties under the provisions of this act.

Comptroller to investi

of.

Term of service.

Chap. 372.

AN ACT authorizing the comptroller of the city of New York to inquire into the claim of John T. Mayers, a former employe of the fire department, and to award him such damages and compensation as may be just.

Accepted by the city.

Became a law, May 6, 1903, 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 comptroller of the city of New York, is hereby gate claim authorized in his discretion to investigate the present physical condition of John T. Mayers, a former driver of a supply wagon in the fire department of the city of New York. If, as the result of such investigation, he shall determine that the said Mayers is now permanently disabled so as to be unable to maintain himself by mental or physical labor, that he served in such fire department for a period of at least five years prior to his discharge therefrom on September first, nineteen hundred and two, that such disability was incurred while said Mayers was in the employ of said fire department and in the performance of his duties, and that his discharge therefrom was due to his inability to perform efficient service in such department by reason of such disability, he may determine that the said Mayers shall be paid by the city annually, dating from September first, nineteen hundred and two and continuing for his natural life a sum not exceeding eight hundred dollars. If he shall determine that the said Mayers is entitled to such an award, the amount fixed by the comptroller shall annually be raised by taxation in such city, and paid to him. There shall be included in the first annual estimate and tax levy after this act takes effect a sum sufficient to pay such award from September first, nineteen hundred and two.

Compensation.

§ 2. This act shall take effect immediately.

Chap. 373.

AN ACT granting permission to the New York Butchers' Dressed
Meat company to erect an abattoir in the city of New York.

Accepted by the city.

Became a law, May 6, 1903, 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:

abattoir in

Manhattan.

Section 1. Permission is hereby granted to the New York Butchers' Dressed Meat company, subject, however, to revocation for cause by the board of health, to erect an abattoir on premises now owned Erection of by them situate in the borough of Manhattan, city and county of borough of New York, bounded and described as follows: Beginning at a point formed by the intersection of the westerly side of Eleventh avenue with the northerly side of West Thirty-ninth street, running thence westerly and along the northerly side of West Thirty-ninth street one hundred and twenty-five feet, thence northerly and parallel with said Eleventh avenue ninety-seven feet and six inches, thence easterly and parallel with West Thirty-ninth street one hundred and twenty-five feet to the westerly side of Eleventh avenue, thence southerly and along the westerly side of Eleventh avenue ninetyseven feet and six inches to the point or place of beginning, and known as number six hundred and one and six hundred and three West Thirty-ninth street, and to use the same as a slaughter house, and to conduct and carry on therein the business of slaughtering cattle, sheep, lambs, swine, pigs, calves and poultry. The board of Board of health of the city of New York is authorized in its discretion to issue perissue a permit to the said New York Butchers' Dressed Meat company to conduct the business of slaughtering cattle, sheep, lambs, swine, pigs, calves and poultry upon the said premises for a period of ten years, and may require that all the fat and offal upon the said premises shall be removed from Manhattan island for treatment or reduction. Said abattoir shall be erected and constructed in conformity to the building code of the city of New York and to the building laws applicable to said city, and its sanitary equipment shall conform to the best standards of the day and be satisfactory to the board of health. The operation of said abattoir shall be subject to the regulations of the sanitary code of the board of health.

health to

mit.

§ 2. This act shall take effect immediately.

Revision

and cor

rection of

assessments of

stocks of banks.

Chap. 374.

AN ACT in relation to the correction of errors in the assessment of bank shares in the city of New York.

Accepted by the city.

Became a law, May 6, 1903, 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 taxes and assessments of the city of New York, are hereby vested with power to revise or correct any assessment for the year nineteen hundred and one, of the shares of stock of banks in liquidation at the time such assessment was made, provided application for such revision or correction is made to said board within thirty days after this act takes effect.

§ 2. If it should appear to the satisfaction of said board that such assessment was erroneous, unjust or excessive and should be revised or corrected, then said board shall revise the same and ascerNew assess- tain and fix a new assessment of the shares of said banks, by dividing made. the actual net assets of such bank by the number of outstanding shares of such bank, which new assessment shall supersede the prior assessment.

ment, how

§ 3. This act shall take effect immediately.

Act amended.

Chap. 375.

AN ACT to amend chapter three hundred and ninety-six of the laws of eighteen hundred and eighty-five, entitled "An act to revise the charter of the city of Dunkirk," in relation to the use of Eagle street.

Accepted by the city.

Became a law, May 6, 1903, 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. Title thirteen of chapter three hundred and ninety-six, of the laws of eighteen hundred and eighty-five, entitled "An act to revise the charter of the city of Dunkirk," is hereby amended by