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Chap. 312.

AN ACT to amend chapter five hundred and forty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act to authorize the construction and maintaining of a free bridge over the Chemung river, in the town of Chemung, in the county of Chemung."

Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The first section of chapter five hundred and fifty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act to authorize the construction and maintaining of a free bridge over the Chemung river, in the town of Chemung, in the county of Chemung," is hereby amended so as to read as follows:

sioners ap

§ 1. Missaman Griswold, Jesse Owen and Henry Baker, of the town Bridge of Chemung, in the county of Chemung, are hereby appointed bridge commis commissioners for and in behalf of said town, to procure plans for and pointed. erect a free bridge over the Chemung river, at some suitable point be- Location tween the Erie railroad bridge across said river in said town, and the of bridge. intersection of said river with the boundary lines of the States of Pennsylvania and New York, at a cost not exceeding eighteen thousand dollars, Cost of. and are authorized to borrow on the credit of said town a sufficient sum for that purpose not to exceed eighteen thousand dollars, and to issue Bonds. bonds therefor, which shall be binding on said town; which bonds shall be signed by said commissioners, or a majority of them, and countersigned by the supervisor of said town, and shall be in such form and sums and be payable at such places and times, with annual interest not. to exceed seven per cent, as said commissioners shall determine, provided that the time of payment of any such bonds issued after the passage of Time of this act, shall not be less than one year nor more than six years. Such payment bridge when erected shall always be free for the people at large to use, Bridge to and shall be maintained by said town. The compensation of each of be free. said commissioners shall be three dollars per day while actually engaged Compen in the performance of the duties of said commissioners.

of.

sation of commis

sioners.

of moneys

§ 2. From and out of the eighteen thousand dollars authorized by this act, the said commissioners shall pay the costs and expenses of erecting said bridge, the aforesaid per diem allowance, and all costs, charges and liabilities incurred by them, or to which they have been or might be subjected in the discharge of their duties as such commissioners, provided that within one year after the passage of this act said commissioners shall render to the supervisor of said town, a full and detailed statement statement of all moneys expended by them in the erection of said bridge, expended. the persons to whom paid and for what purpose, the number of days employed by each commissioner in detail, and the amount of costs, charges or liabilities paid or incurred by them, and the nature thereof, which statement shall be verified by the oath of said commissioners and filed by said supervisor in the office of the clerk of said town; and if any sum remains in the hands of said commissioners after the payments Surplus, aforesaid, the said commissioners shall pay the same over to said super- tion of visors for the benefit of said town.

§ 3. The sixth section of said act is hereby repealed. 4. This act shall take effect immediately.

disposi

Repeal.

Assess

ment,

common council

may or

der.

Assess

made.

Chap. 313.

AN ACT to authorize the common council of the city of Buffalo to order to be assessed and to cause to be raised by local assessment the amount of the expenses incurred in rebuilding the westerly end of the sewer in Breckenridge street in said city, upon and from the lands benefited thereby.

Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Buffalo are hereby authorized and empowered to order to be assessed and to cause to be raised by local assessment, the amount of the expense incurred, pursuant to a resolution of the said common council, passed April twenty-seventh, one thousand eight hundred and seventy-three, in rebuilding the westerly end of the sewer in Breckenridge street in said city, upon and from the lands benefited thereby.

§ 2. The amount to be raised by said assessment shall be estimated ment, how and fixed, and the said assessment shall be ordered made, assessed, confirmed and collected, and the lands to be assessed for rebuilding said sewer shall be determined in the same manner in all respects as is now provided in the charter of said city of Buffalo, in the provisions thereof relating to local assessments made to defray the expense of the construction of sewers.

Park-road or car

riage way,

tion of.

Grade.

§ 3. This act shall take effect immediately.

Chap. 314.

AN ACT authorizing the improvement of Delaware street in the city of Buffalo.

Passed May 14, 1875; three-fifths being present.

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

SECTION 1. The common council of the city of Buffalo may cause the improvement of Delaware street in said city between Niagara square construc. and Chapin place, or between the north line of Virginia street and said Chapin place, by causing to be made and constructed in and along said. street, between either two of the points aforesaid, a good and substantial park-road, or carriage way, of such width as the said common council shall direct. Such improvement shall be made upon the grade now, or hereafter to be established by said common council for said Ordering street, and may, without any previous notice of intention to order the same, be ordered by the votes of a majority of all the members elected to said common council as one entire work, which shall include the macadamizing or paving or graveling, and the grading of said road or carriage way, and all work necessary for the full completion of such Petition of improvement. The said improvement shall not be ordered except upon the petition of a majority of all the owners, residents of said city, of

of the

work.

owners.

tion.

the lands fronting on that part of said Delaware street. in and along which such improvement shall be made; such majority to be ascertained and certified by the assessors of said city, in the same manner as in cases of applications for paving streets in said city. The petition Contents upon which such improvement is hereby authorized to be ordered shall of petiset forth and describe the describe the general character of the road or carriage way, to be embraced in and constituting such improvement, and the order of said common council for making the same shall conform to such petition as to the character and description of the road or carriage way ordered thereby.

appoint

§2. Upon the ordering by the said common council of the improve- Commis ment mentioned in the foregoing section, the mayor of said city shall sioners, appoint, from among the resident petitioners for such improvement, ment of. three persons as commissioners to make, construct and complete the same. The persons so appointed such commissioners may, as soon as Their practicable after their appointment, enter upon the making of such powers. improvement, and shall have full and exclusive power and authority to make and construct the said park-road, or carriage way, in and along said Delaware street as ordered by said common council under and by virtue of the authority contained in said foregoing section. And as to the particular manner of making and constructing said road or carriage Manner of way, and as to making any and all contracts or agreements for labor or ing, matematerials for the same, the said road or carriage way, shall be made and rials, etc., constructed as the said commissioners, or a majority of them shall ed by comdirect and determine; provided, only, that the same, when completed missionshall, in its general character, conform to the said petition and the order of the common council ordering the same.

construct

determin

ers.

port.

made.

§ 3. When the said improvement shall have been completed, the said Comple commissioners, or a majority of them, shall report such completion to tion, re the said common council, together with the amount of the expense of making the same, and thereupon the said common council shall cause Assesssuch amount of said expense to be assessed upon the lands fronting on ment, how that part of said Delaware street in and along which such improvement shall extend, in proportion to the benefits from such improvement, in the same manner and with the like effect as assessments for other local improvements in said city are now authorized by law to be made. therein; and the said assessment hereby authorized to be made shall, for all purposes, be deemed and taken to be an assessment for a local improvement under title six of the charter of said city. The amount Amount herein authorized to be assessed shall, when collected, be paid over to to be paid the said commissioners for the purpose of paying and reimbursing all commisexpenses and liabilities paid or incurred by them in and about making said improvement.

over

sioners.

§ 4. If either of the commissioners hereby authorized to be appointed Vacancy, shall die or resign before the completion of said improvement, the how filled. vacancy caused by such death or resignation shall be filled by said mayor by appointment, from among such petitioners, of another person as such commissioner.

§ 5. This act shall take effect immediately.

*So in the original.

Work

peniten

Chap. 315.

AN ACT to authorize the board of supervisors of Kings county to construct a suitable building for a work-house at the penitentiary, and to provide for the payment thereof.

Passed May 14, 1875; 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 supervisors of the county of Kings are house at hereby authorized, by a two-thirds vote of said board, to construct a suitable building for a work-house at the Kings county penitentiary, at a cost not to exceed the sum of twenty thousand dollars.

tiary.

Borrow

and issu

§ 2. For the purpose of providing for payment for the same, the ing money board of supervisors of Kings county are hereby authorized, by a twoing certif. thirds vote of said board, to borrow upon the credit of the county, a cates of sum not to exceed twenty thousand dollars, and to issue certificates of

indebted

ness.

Town

indebtedness therefor, payable on the first day of February,' one thousand eight hundred and seventy-six, with interest not to exceed seven per cent., said certificates to be issued under such regulations and restrictions as the board of supervisors may prescribe, and there shall be levied in the next annual taxes for said county an amount sufficient to pay the principal and interest of said certificates.

§ 3. This act shall take effect immediately.

Chap. 316.

AN ACT supplementary to chapter fifty-five of the laws of eighteen hundred and sixty-one, entitled "An act to provide for the erection of a town hall in the town of Flushing, in the county of Queens," passed March nineteenth, eighteen hundred and sixty-one; and to provide for the future custody of said hall.

Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of an act entitled "an act to provide for the erection of a town hall in the town of Flushing, in the county of Queens, passed March nineteenth, one thousand eight hundred and sixtyone, is hereby amended so that it shall read as follows:

§ 3. The trustees of the town of Flushing, and their successors in hall, care office shall hold and exercise the exclusive care, custody, management and cus- and control of said hall; and they may rent the same, when not required tody of. for town purposes, and may collect and receive the rent therefor. The Rents to rents so received by them, shall be applied by them to defray the expenbe applied ses of keeping said hall in repair, and in taking care of, and furnishing said hall. And in case the amount so received by them shall be insufficient for the purposes aforesaid, the amount of the deficiency, in any one year, shall be estimated by said trustees, and audited, levied and

on repairs. Deficiency, how supplied.

raised, as other taxes are raised, for town purposes; and shall be paid to the treasurer of said board of trustees, and shall be subject to the order of said board.

trustees,

tents.

§ 2. It shall be the duty of said trustees to file with the clerk of the Annual town of Flushing, on or before the second Tuesday in March, in each report of and every year, a report or statement in writing certified by them, show- its con ing the amount of money received by them, either as rent or otherwise, on account of said hall, and the sources from which the same was derived, and also the amount of money expended by them for account of said hall, as herein provided and authorized, and the objects for which the same was so expended, and showing also, the unexpended balance remaining in the treasury; and in case the unexpended balance, shall, at the Unextime of making and filing any such statement, exceed the sum of three pended balance, hundred dollars, such excess over the said sum shall be applied, by the how ap trustees of said town for the benefit and improvement of the town poor- plied. house and the premises thereunto belonging, known as the "town farm."

electors of

Ballots,

§ 3. The trustees of said town shall perform the duties imposed, by this act, until the same shall be approved by a majority of the electors of said town, voting by ballot, at any annual town election held in the said town of Flushing within two years after the passage of this act. The trustees of said town shall give at least eight days' notice before submissuch election that this act will be submitted to the electors of said town sion to for their approval at such election, such notice to be given by posting town, nothe same in at least six public and conspicuous places in said town, and tice of. by publishing the same in all the newspapers regularly published in said town, once a week for two weeks immediately preceding such election; but such publication shall not be deemed irregular if, after having been requested to publish such notice, the management of any of said papers shall neglect or refuse to publish the same as herein required. The ballots relating to said hall and received at said election shall be indorsed "Town hall," and in order to be canvassed shall contain the form of. words "In favor of the town trustees having the custody of the town hall," or the words "Opposed to giving the town trustees the custody of the town hall." The inspectors at each poll in the several election districts of said town, at the town election at which this act shall be submitted for approval, as herein authorized shall provide a box to Additionreceive the ballots of the electors of said town in relation to said hall. al ballotEach voter of said town may present a ballot, on which shall be written be proor printed, or partly written and partly printed, the words "In favor of the town trustees having the custody of the town hall," or the words "Opposed to giving the town trustees the custody of the town hall." Such ballots shall be received by said inspectors, and be deposited in the boxes to be provided as aforesaid. After finally closing the polls of such Canvasselection, the inspectors thereof shall count and canvass the ballots ing of bal received relative to said hall, and make, certify and return their statement, in writing, showing, the whole number of ballots cast in favor of the town trustees having the custody of said hall, and the whole number of the ballots cast opposed to the town trustees having the custody of said hall, in the same manner as they are required by law to canvass and make return of the ballots given for the several officers to be chosen at such election. If a majority of the ballots so canvassed shall contain the words "In favor of the town trustees having the custody of the town hall," then the approval above mentioned shall be considered as having been obtained.

§ 5. This act shall take effect immediately.

So in the original.

boxes to

vided.

lots.

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