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which said order is made and in the manner to be prescribed in
such bond or undertaking, of such portions of the rate or charge
referred to in such order as the commission shall after final hear-
ing determine to be unjust or unreasonable or excessive or in
anywise in violation of law, together with legal interest on the
amounts of such excess portions as so determined, from the dates
of payment thereof by such customers or subscribers to the date
of repayment thereof by the corporation. In the event of suspen-
sion by the commission and of the failure of the corporation
affected to file a bond or undertaking as above provided, the sched-
ule, rates, charges, form of contract or agreement, rule, regulation,
service, general privilege or facility in force when the suspended
schedule, rate, charge, form of contract, rule, regulation, service,
general privilege or facility was filed shall continue in force dur-
ing the period of the suspension provided for in this section.
§ 2. This act shall take effect immediately.

Chap. 958 *

AN ACT to provide for the construction, by the state, of a hospital for discharged soldiers, sailors and marines, from the state of New York, suffering from mental diseases, and making an appropriation therefor.

Became a law September 29, 1920, 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:

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Section 1. A hospital is hereby established, to be constructed Hospital as herein provided, for the care and treatment of discharged 11shed. soldiers, sailors and marines, suffering from mental diseases, who volunteered or were inducted into military service from the state of New York and who are or may hereafter become beneficiaries of the bureau of war risk insurance. Such hospital shall be How desknown and designated as the New York Military Hospital. § 2. A commission is hereby created, for the purposes of act, to consist of the state architect, the state comptroller, attorney-general, a representative of labor and a member of

* Passed at the extraordinary session.

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medical profession, to be appointed by the governor. Such commission shall serve without compensation and shall be known as the commission for military hospital.

3. The commission for military hospital shall enter into negotiations and may make an agreement with proper authorities of the United States, whereby the state shall agree to construct such hospital and the parties shall agree that the state shall lease the same, when ready for occupancy, to the United States for a term not exceeding ten years at an annual rental, to be paid by the lessee, of not less than one-tenth of the total cost of such hospital; but the parties may estimate and determine the maximum cost on which such percentage shall be computed. The United States shall agree to equip, use and maintain such hospital, at its expense, exclusively for the care and treatment of discharged soldiers, sailors and marines mentioned and described in section one of this act. Provisions, satisfactory to the officers executing the agreement, and not inconsistent with this act, also may be included in relation to the care and treatment of the inmates of the hospital, and otherwise to carry out the objects and purposes of the hospital.

§ 4. Such hospital shall be located upon lands in the borough of Queens, city of New York, heretofore authorized by chapter four hundred and seventy-three, laws of nineteen hundred and eight, as a site for the Long Island State Hospital. Upon the organization of the commission for military hospital the jurisdiction granted by chapter four hundred and seventy-three, laws of nineteen hundred and eight, to the state hospital commission over the lands hereby selected as the site for the New York Military Hospital shall terminate.

§ 5. Such hospital shall have a capacity of one thousand beds and shall be constructed by the commission for military hospital. By this act an emergency is recognized, and the commission for military hospital, in the construction of such hospital, is hereby relieved from compliance with the provisions of the state finance law and the public buildings law relating to advertising, receipt of bids, the letting or making of a contract or contracts and the separate approval of contracts by the comptroller, and is hereby authorized to construct such work in any way deemed most advantageous for the completion of the hospital at the earliest possible date, and to enter into the open market and purchase materials or supplies, employ labor and make payments of bonuses in con

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sideration of extra effort and efficiency or for overtime work.
Such commission, and any contractor therewith, is also hereby
relieved, in the prosecution of such work, from complying with
requirements of the labor law in so far as they prohibit any per-
son engaged upon such work from working more than eight hours
during any calendar day. Contracts may be let and moneys ex-
pended, in the construction of such hospital and the purchase of
land for a spur track, to an amount not exceeding three million
dollars.

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§ 6. Such work shall be done pursuant to drawings, designs, Plans and plans and specifications to be prepared by the state architect, tions. and approved by the hospital development commission.

of lease.

§ 7. When such hospital is ready for occupancy, the commis- Execution sion for military hospital shall execute, in behalf of the state, the formal lease to be made pursuant to the agreement provided for in section three of this act, which lease shall embody the covenants and conditions of such agreement. Upon the termina Deemed tion of such lease, such hospital shall be deemed a state hospital state boswithin the meaning of the insanity law.

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8. The sum of three million dollars ($3,000,000), or so Appromuch thereof as may be necessary, is hereby appropriated for the priation. purpose of carrying out the provisions of this act, but no part of such appropriation shall be available for the acquisition of land for a spur track or for the construction of such hospital, until the agreement provided for in section three shall have been executed. The commission for military hospital is hereby relieved commisfrom compliance with the provisions of the civil service law and lieved from rules and may employ at any time such experts and other assist-ce law and ants as it may deem necessary for the proper development of rules. plans, soil surveys, test pits, test borings and conduct of such work, and the moneys appropriated shall be immediately available for their compensation and expenses, and for the expenses of the commission for military hospital, either within or without the state. The moneys appropriated shall be paid out by the state treasurer on the warrant of the comptroller upon certificate of of moneys. such commission or a majority of its members. Upon the requisition of such commission, the comptroller, from time to time, may advance to the commission such moneys as he shall deem necessary, from moneys appropriated by this act and available for the objects and purposes of the advancement.

89. This act shall take effect immediately.

Payment

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Chap. 959.*

AN ACT to repeal chapter twenty of the laws of nineteen hundred and twenty and reappropriating certain funds to the Brooklyn State Hospital..

Became a law September 29, 1920, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. The sum of five hundred thousand dollars ($500,000.00) appropriated by chapter twenty, laws of nineteen hundred and twenty, for the construction of buildings and plant and development of grounds at Creedmoor to be known as the Brooklyn State Hospital, Creedmoor division, is hereby reappropriated and made available for the construction of buildings and plant and development of grounds, including the demolition of buildings at the Brooklyn State Hospital, Brooklyn, New York. The state hospital commission is hereby authorized to enter into a contract or contracts in the manner provided by section sixty-five of the insanity law, for the construction of such buildings and plant and development of such grounds at a cost not exceeding five hundred thousand dollars. The hospital development commission shall determine the char acter of development of grounds, plant and buildings to be constructed on such site, pursuant to this act. The state architect and the state engineer and surveyor may employ such experts and other assistants as may be necessary for the proper development of plans, surveys and conduct of such work, and their compensation and expenses shall be fixed by such officers, respectively, with the approval of the hospital development commission and shall be paid out of moneys appropriated by this act.

2. Chapter twenty, laws of nineteen hundred and twenty, is hereby repealed.

§ 3. This act shall take effect immediately.

Passed at the extraordinary session.

Chap. 960.*

AN ACT to amend the Greater New York charter, in relation to use of the proceeds of bond issues.

Became a law September 30, 1920, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

ch. 466,

amended by

Section 1. Subdivision nine of section one hundred and sixty- L. 1901. nine of the Greater New York charter, as re-enacted by chapter 169, four hundred and sixty-six of the laws of nineteen hundred and subd. 9, as one, and last amended by chapter five hundred and eighty-nine of 1999; the laws of nineteen hundred and twenty,1 is hereby amended to amended. read as follows:

ch. 589,

9. For the repaving of streets to an amount not exceeding three for repav million dollars, in any one calendar year.

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stocks

for pur

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Corporate stocks to be issued for purposes other than those Issue of hereinbefore in this section specifically enumerated, or for such corporate purposes in excess of the amounts therein specified, shall be other than authorized by the board of aldermen, with the approval of the rated, " board of estimate and apportionment, as provided by section forty-hood. seven of this act; provided, however, that whenever by existing provisions of law the commissioners of the sinking fund may be specifically authorized to provide for the issue of stocks or bonds, said authorization of the comptroller shall be made by said commissioners instead of said board of estimate and apportionment; and that nothing in this section contained shall affect the provisions of sections one hundred and eighty and two hundred and thirteen of this act; provided, however, that nothing in this section shall prevent the issue of general fund bonds in the manner provided by section two hundred and twenty-two of this act. The city of New York shall not, except as hereinafter provided, expend corporate any part of proceeds of sales of corporate stock or serial bonds for

* Passed at the extraordinary session.

1 Previously amended by L. 1902, ch. 563; L. 1903, ch. 103; L. 1905, ch. 639; L. 1906, ch. 209; L. 1907, ch. 439; L. 1908, ch. 147; L. 1909, ch. 377; L. 1910, ch. 683; L. 1911, ch. 456; L. 1915, ch. 309; L. 1916, ch. 615.

stock and serial

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