Imágenes de páginas
PDF
EPUB

§ 44. Revocation of probation. Probation may be revoked at any time within the maximum periods above mentioned by the court or justice thereof; but as far as practicable the revocation of probation shall be made by the justice who placed the child or adult on probation. Upon such revocation the justice may make such commitinent as could have' originally been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment, or sentence, or impose any fine, or other penalty, or make any commitment which might have been pronounced, imposed or made at the time the conviction was had. Whenever probation is revoked, the court or justice thereof, as the case may be, may issue process for the rearrest of the defendant and when arraigned the court as it is then constituted, or the justice thereof, may proceed to enter judgment and impose sentence as herein provided.

ARTICLE V

ADDITIONAL JURISDICTION; SAVING CLAUSE; REPEAL

Section 45. Additional jurisdiction.

46. Bail bonds and undertakings.

47. Pending actions and proceedings.
48. Laws repealed.

49. Time of taking effect.

§ 45. Additional jurisdiction. In addition to tne jurisdiction already conferred upon the court of special sessions of Syracuse, the said court and the justice thereof shall have all the jurisdiction heretofore vested in and possessed by the police court of Syracuse, the criminal jurisdictioin* of the court of the justices of the peace, or judges and justices thereof, except as otherwise provided.

§ 46. Bail bonds and undertakings. The justice shall have power to fix bail in all misdemeanors in a sum not exceeding fifteen hundred dollars; and on the defendant's failure to appear, or to perform the conditions as required in any bail bond or undertaking, the justice may cause and declare the same to be forfeited, and the prosecuting attorney shall prosecute and collect the same. The necessary disbursements paid out in said prosecution and collection shall be a city charge and paid in the same manner as other city charges, and the proceeds from the collection of the said bonds and undertakings, together with all cash bail forfeited, shall be the property of the city, and shall be deposited by the clerk of the court with the city treasurer in the same manner and at the same time as fines are paid to the city treasurer by the said clerk.

§ 47. Pending actions and proceedings. No action or other proceeding which shall be pending before the court of special sessions, any justice or acting justice thereof, at and prior to the taking effect of this act shall abate or be in anywise affected by the pasSo in original. [Word misspelled.]

sage of this act, and all such actions or proceedings so pending shall thereafter be continued before the court of special sessions as established by this act. All books, papers, records and property of whatever description in possession of the court of special sessions as it existed at and prior to the taking effect of this act shall be transferred and delivered to the court of special sessions as established by this act and the justice of said court is authorized to receive and take possession of the same.

§ 48. Laws repealed. The following acts and parts of acts are hereby repealed: 1. Of the laws enumerated in the following schedule, that portion thereof specified in the last column;

2. All acts or parts of acts, general or special in so far as inconsistent with the provisions of this act;

But such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws purporting to specifically amend any of the laws hereby specifically repealed.

[blocks in formation]

§ 49. Time of taking effect. This act shall take effect im mediately.

CHAPTER 189

AN ACT to provide for extending the boundaries of the city of Syracuse by annexing a part of the town of Geddes, to provide for the government of the annexed territory, the making of a survey and map of said territory and the apportionment and payment of town and school bonded indebtedness and unpaid taxes

Became a law February 29, 1928, with the approval of the Governor. Passed, on emergency message, by a two-thirds vote

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

described

Section 1. Subject to the provisions of section five of this act Certain and without a referendum vote as provided by section eight of territory article twelve of the constitution, there being no people of the annexed, territory proposed to be annexed, all that part of the town of Geddes included within the following boundaries shall form a part of the city of Syracuse:

All that tract or parcel of land, situate in the town of Geddes, being part of the Salt Springs Reservation, lots number one hundred and sixty-seven, one hundred and seventy, one hundred and fifty-eight and one hundred and fifty-seven, particularly described as follows:

Beginning at a point in the westerly line of Avery avenue and in the westerly city line of the city of Syracuse, which point is north five degrees thirty-four minutes ten seconds east, thirtytwo and forty-nine hundredths feet from the northwest corner of Avery avenue and Salisbury road; thence north five degrees thirty-four minutes ten seconds east along the westerly line of Avery avenue to a deflection point; thence north twenty-seven degrees forty-five minutes west along the westerly line of Avery avenue to the southerly line of Tompkins street; thence south sixty-two degrees twelve minutes fifty seconds west along the southerly line of Tompkins street five hundred and ninety-nine and eighty-two one hundredths feet to the intersection of the said south line with the westerly line of Myrtle street; thence north twenty-seven degrees forty-five minutes west along said westerly line of Myrtle street thirty-one and sixty-eight hundredths feet to the southerly line of Myrtle cemetery; thence south sixty-two degrees twelve minutes fifty seconds west along said southerly line four hundred and twelve and fifty one-hundredths feet to the most southerly corner of said cemetery; thence south twenty-seven degrees forty-five minutes east about four hundred and eighty feet to a point in the northerly line of Salisbury road, which point is six hundred and forty-seven and fifteen one-hundredths feet westerly from the intersection of Avery avenue and Salisbury road, measured along the north line of Salisbury road; thence westerly along the northerly line of Salisbury road about seven hundred and eighty-five feet to a deflection point in said road; thence westerly by reverse curves, each of radius two hundred and eighty feet to the northeast intersection of Salisbury road and Montrose avenue; thence westerly along the prolongation of the north line of said Salisbury road to the northwest corner of said Salisbury road and Montrose avenue; thence westerly along the northerly line of said Salisbury road about six hundred and twenty feet to the northeast intersection of Salisbury road and Fay road; thence westerly along the prolongation of Salisbury road to the northwest intersection of Salisbury road and Fay road as the same is shown on map of Orchard road heights made by George E. Higgins, civil engineer, filed in the office of the clerk of Onondaga county, June seventh, nineteen hundred and twenty-four; thence westerly along the northerly line of Salisbury road one hundred and forty feet to the southeasterly corner of lot number three hundred and sixty-four, as shown on said map; thence in the easterly line of lots number three hundred and sixty-four to three hundred and seventy-eight inclusive, the following courses and distances north twenty-six degrees twenty-four minutes thirty-five seconds east, one hundred and thirty-seven and four one-hundredths feet; north eight degrees forty-three minutes east, eightyone and eighty-six one-hundredths feet; north two degrees twentyfive minutes twenty seconds east, one hundred and fifty one-hundredths feet; north two degrees one minute forty seconds west, four hundred and fifty and eleven one-hundredths feet to a point in the southerly line of lot number three hundred and eighty-one;

:

thence north eighty-seven degrees twenty minutes east ten feet in the southerly line of said lot number three hundred and eightyone to its southeast corner; thence north two degrees thirty-one minutes forty-five seconds west, one hundred and fifty feet to a point in the southerly line of Rosita street, said point being the northeast corner of lot number three hundred and eighty-one and one hundred and twenty-seven and fifty-three one-hundredths feet south eighty-seven degrees twenty minutes west from an iron pin marking the southwest corner of Rosita street and Fay road according to said filed map; thence along said southerly street line, as shown on "a map of property to be acquired from Matthew H. Knapp for reservoir site, etc., "dated June nineteen hundred and twenty-seven, on file at the office of the clerk of Onondaga county, south eighty-seven degrees twenty minutes west, fortytwo and forty-seven one-hundredths feet to a point of curve; thence by the arc of said curve, having a radius of one hundred and sixty feet to the right a distance of one hundred and seventy-seven and seventy-nine one-hundredths feet to a point of tangent; thence by said tangent north twenty-nine degrees west, eighty feet to a point of curve; thence by the arc of said curve, having a radius of two hundred and thirty feet to the left a distance of seventytwo and twenty-six one-hundredths feet to the point of tangent; thence by said tangent north forty-seven degrees west, twentyfour and eighty-five one-hundredths feet to a point of curve; thence by the arc of said curve, having a radius of three hundred and twenty-five feet to the right a distance of two hundred and fifty-one and forty-seven one-hundredths feet to a point of tangent in the westerly line of West High terrace; thence in said. westerly street line north two degrees forty minutes west, one hundred and seventy-five and seventy-five one-hundredths feet to a point of curve; thence continuing in said westerly street line by the arc of said curve, having a radius of four hundred and twenty-one and thirteen one-hundredths feet to the right a distance of one hundred and sixty-four and nine one-hundredths feet to a point of tangent; thence by said tangent north nineteen degrees thirty-nine minutes thirty seconds east along said westerly street line and its prolongation to its intersection with the center line of West Genesee street in the boundary line of the village of Solvay; thence south eighty-five degrees fifty-five minutes ten seconds west along the center line of West Genesee street to an angle point therein; thence north eighty-two degrees ten minutes forty seconds west along said center line to its intersection with the prolongated westerly line of Orchard road, according to said filed map of the Orchard road heights; thence southerly along said prolongated and continuous westerly street line of said Orchard road to the southwest intersection of said Orchard road and Salisbury road; thence easterly in a continuous and southerly line of Salisbury road to a deflection point in said road in reservation lot number one hundred and seventy; thence northerly along the easterly line of Salisbury road about one hundred feet to a deflection point in said road; thence easterly along the southerly line of Salisbury road to a point which is six hundred and twenty-six and

To constitute part of eighth

ward.

Unpaid taxes.

Bonded indebted

ness of school district

and town, proportion

to be paid by city.

Consent

of city.

from town

sixty-one one-hundredths feet westerly from the southwest corner of Avery avenue and Salisbury road measured along the south line of said road; thence easterly along the arc of a circle of radius six thousand seven hundred and twenty-seven and three one-hundredths feet a distance of six hundred and twenty-two and ninetytwo one-hundredths feet to a point in the present westerly city line of the city of Syracuse; thence northwesterly and northerly along said westerly city line to the point of beginning.

§ 2. The territory described in the preceding section, when annexed to the city of Syracuse, shall constitute a part of the eighth ward of such city and all laws applicable to the city of Syracuse, not inconsistent herewith, shall apply to such territory. All unpaid taxes, heretofore levied against such annexed territory and existing at the time this act takes effect, shall be due and payable and collected, in all respects, in the same manner and with the same force and effect, as though this law had not been enacted.

§ 3. Any bonded indebtedness of the school district in which such annexed territory is located, including principal and interest, which exists at the time this act takes effect, shall be a charge upon and be paid by the city of Syracuse, as the same shall become due and payable, in the proportion to the whole bonded indebtedness of such school district which the assessed valuation of the portion annexed bears to the assessed valuation of the whole school district, as shown by the last assessment-roll of such school district, and the bonded indebtedness of the town of Geddes, including principal and interest which exists when this act takes effect, shall be a charge upon and shall be paid by the city of Syracuse to the supervisor of such town, as the same shall become due and payable, in the proportion to the whole bonded indebtedness of such town which the assessed valuation of the portion annexed bears to the whole assessed valuation of such town, as shown by the last assessment-roll of the town of Geddes.

§ 4. Within a reasonable time after such annexation, the city of Syracuse shall cause a survey to be made of the annexed territory, the boundaries of the same to be marked with monuments and a map of the city, including the territory annexed, to be made and filed in the Onondaga county clerk's office.

§ 5. Notwithstanding the foregoing provisions of this act, the territory described in section one of this act shall not become annexed to the city of Syracuse, nor shall any of the foregoing provisions become operative, unless and until the consent of the city of Syracuse by its mayor or acting mayor and common council be obtained in the manner provided by law for the passage of local ordinances, to be given or denied by such city authorities on or before the last Tuesday in June, nineteen hundred and twentyeight.1

Separation § 6. The territory hereby annexed to the city of Syracuse shall and school cease to be a part of the town of Geddes or of the school district in which such territory is now located. The town of Geddes, excluding the portions thereof hereby annexed, shall remain a

district.

1 Approval was adopted by the common council April 16, 1928, and signed by the mayor April 27, 1928.

« AnteriorContinuar »