CHAP. 752. AN ACT to amend an act entitled "An act to authorize the board of supervisors of the several counties in this state to make the office of district attorney a salaried office, and to fix the salary thereof," passed April fourteenth, eighteen hundred and fifty-two. PASSED May 7, 1870; 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 the act entitled "An act to authorize the board of supervisors of the several counties in this state to make the office of district attorney a salaried office, and to fix the salary thereof," passed April fourteenth, one thousand eight hundred and fifty-two, is hereby amended so as to read as follows: to be di S1. The board of supervisors of the several counties in Salary not this state, the county of New York excepted, at any annual minished. meeting of such board, duly convened, may lawfully determine that the office of district attorney of such county shall be a salaried office, and thereupon it shall be their duty, and they are hereby authorized, to fix the amount of compensation to be paid to the district attorney thereof for his services; and the salary, when so fixed, shall not be diminished during the term for which the district attorney has been or may be elected. $2. This act shall take effect immediately. Ante, vol. 3, p. 336. CHAP. 760. AN ACT to amend chapter seven hundred and twenty- The People of the State of New York, represented in Senate and Assembly, do enact as follows: of the purchasing SECTION 1. It shall be lawful for the common council of Limitation any city, or the trustees of any incorporated village in this power of state, or the trustees of any incorporated rural cemetery association, in cases when such city or village needs lands for burial purposes, to purchase or acquire the title to such lands, provided such lands are vacant or have no buildings thereon exceeding in value five hundred dollars. Title may be acquired ly. S2. If the said common council or board of trustees of Compulsori- such village or association shall be unable to agree with the owner or owners of such lands for the purchase thereof, the said common council or board of trustees of such village or association may proceed to acquire the title thereto in the manner, so far as is applicable, prescribed by chapter one hundred and forty of laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the several acts amendatory thereof and supplementary thereto. The amonnt paid for such lands, by such common council or board of trustees of a village as aforesaid, and all the expenses attending the same, with the expenses of fencing and improving the same, shall be assessed and collected by a general tax upon all the taxable property of such city or village, in the same manner as other city or village taxes are assessed and collected. In the case of a rural cemetery association, the said amount shall be raised and paid as other expenses of such association. Ante, Vol. 3, pp. 617, 641, 650, Vol. 6, p. 368. Money may be borrrow purpose. S3. The common council of said cities and the board of ed for the trustees of said villages and associations, are authorized to borrow the sum of money provided for by the second section of this act, and in anticipation of the tax aforesaid, or so much thereof as may be necessary to purchase the burial lot as aforesaid, and procure a good title in fee to the same. Ante, p. 468. For laying out and inproving lots. CHAP. 773. AN ACT to amend an act entitled "An act to authorize the formation of companies for the erection of buildings," passed April fifth, eighteen hundred and fifty three. PASSED May 10, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The first section of the "Act to authorize the formation of companies for the erection of buildings," passed April fifth, eighteen hundred and fifty-three, is hereby amended by inserting after the words "for the erection of buildings," the words " or for the laying out and subdivision of lands into building lots or villa plots, and the improveIncrease of ment and sale thereof." And by striking out the words "five hundred thousand dollars," and inserting in lieu thereof the words "one million dollars." capital. May buy land and $2. The trustees of any company organized or hereafter issue stock. to be organized under said act, may purchase lands and other property necessary for their business, and issue stock to the amount of the value thereof in payment therefor; and the stock so issued shall be declared and taken to be full stock, and not liable to any further calls; neither shall the holders thereof be liable for any further payments under the provisious of the tenth section of the said act; but, in all statements and reports of the company to be published, this stock shall not be stated or reported as being issued for cash paid into the company, but shall be reported in this respect according to the fact. S3. This act shall take effect immediately. Ante, vol. 3, p. 783. CHAP. 788. AN ACT to provide for, and making an appropriation to enlarge the Champlain canal. PASSED May 18, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ed. SECTION 1. There shall be imposed for the fiscal year com- Tax imposmencing on the first day of October, eighteen hundred and seventy, in addition to any other tax levy, a tax of twentyfive thousand dollars, and for the fiscal year commencing on the first day of October, eighteen hundred and seventy-one, in addition to any other tax levy, a tax of four hundred thousand dollars, on the real and personal property taxable in this state, to be assessed, raised and collected upon and by the annual assessments and collection of taxes for each of said fiscal years, in the manner prescribed by law, to be paid by the county treasurers, respectively, into the treasury of this state, to be there received, held and paid for the objects and purposes prescribed in this act. purpose to $ 2. The whole of the tax levied and collected under the For what first section of this act shall be paid into the treasury of the be used. state to the credit of the canal fund, and is hereby appropriated and shall be applied as follows: The said sum of four hundred and twenty-five thousand dollars, the proceeds of said tax, shall be applied and expended for and toward the enlargement of the Champlain canal in such manner as to give throughout the entire length of such canal a uniform depth of seven feet of water, and width of forty-four feet on the bottom, and fifty-eight feet at water surface, except as in the opinion of the canal board may be required for business purposes, when in that case the walls may be made vertical, but retaining the same depth of water and width at water surface, and no part of the said appropriation shall be applied on or for any other object or purpose until the above enlargement shall be made and completed. Maps, plans etc. to be made. the lowest bidder. Use of former sppropriations. $ 3. The state engineer is hereby authorized, and it is made his duty, to make or cause to be made the necessary surveys, maps, plans and estimates of such proposed enlargement at the earlest time practicable, and by the first day of October, eighteen hundred and seventy, and under the provisions of chapter four hundred and seventy-seven of the laws of eighteen hundred and sixty-five, and locate the line of said work. No part or portion of the moneys herein appropriated, except to pay the expenses of said surveys, shall be expended or paid, nor shall any contract involving such expenditures and payment be made on behalf of this state, until the maps, plans and estimates for such work shall have been submitted to and approved by the canal board, and the work shall be advertised and let to the lowest bidder. Contract, to $ 4. On the revision, approval or adoption by the canal board of the maps, plans and estimates, as provided in section three of this act the canal commissioners shall, from time to time, advertise and let to the lowest bidder so much of the said work as may be ordered by the said canal board, and it shall be the duty of the canal commissioners, and they are hereby required, to have all work on the improvement of the Champlain canal authorized by chapter one hundred and eighty-six of the laws of eighteen hundred and sixty-four, and under subsequent appropriations for the same purpose, and now in progress, so constructed as to conform to the dimensions prescribed in section two of this act, and upon the line of enlargement as determined by the canal board, if the contractor or contractors performing such work, under contracts that shall be in existence on the first day of October next, shall consent to such requirements, or such contractor or contractors may surrender his or their contracts entered into for the performance of said work, or the canal board may by resolution annul the same; and the canal board are hereby authorized to make a final settlement with all the said contractors who may elect to surrender their contracts, or whose contracts may be annulled as aforesaid, as fully as if said contracts had been completed. After said surveys, maps, plans and location of the line of enlargement shall have been approved by the canal board, and the said improvement contracts shall have closed, or a sufficient sum in the judgment of said board shall have been left for the purpose of fulfilling the same, all of the unexpended balance of any moneys appropriated for the improvement of the Champlain canal shall be transferred to the fund provided for in this act for the enlargement of the Champlain canal. Former contracts provided for. Investment of sinking fund $5. To meet the appropriations made in this act of the moneys to be collected by and upon the said tax with as litmoneys. tle delay as practicable, the commissioners of the canal fund or comptroller may, from time to time, invest in the said tax any surplus moneys of the principal of the sinking funds, under article seven of the constitution, a sum or sums not exceeding, in all, the amount to be realized from said tax hereby authorized, and the moneys so invested shall be applied to pay the appropriations under this act; and so much of the moneys arising from the said tax as may be necessary, when paid into the treasury, is hereby pledged, and shall be applied in the first instance to reimburse the said sinking funds for the amount invested in said tax, and for the interest on the same, at a rate not exceeding six per cent per annum, from the time of investment to the day of payment. $ 6. This act shall take effect immediately. CHAP. 789. AN ACT to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," passed May eighteen, eighteen hundred and sixty-nine. PASSED May 18, 1870; three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine is hereby amended so as to read as follows: Ante, p. 517. bonds that issued. S4. It shall be the duty of such commissioner, with all Kind of reasonable dispatch, to cause to be made and executed the may be bonds of such municipal corporation, attested by the seal of such corporation affixed thereto, if such corporation has a common seal, and, if not, then by their individual seals, and signed and certified by said commissioners, who are hereby authorized and empo ered to fix such common seal thereto, and to sign and certify such bonds. Such bonds shall become due and payable at the expiration of thirty years from their date, and shall bear interest at the rate of seven per cent per annum, payable semi-annually, and shall not exceed in amount twenty per cent of the entire taxable property within the bounds of said municipal corporation, as shown by said tax list, nor shall they exceed in amount the amount set forth in such petition. The said bonds shall also bear interest warrants, corresponding in number and amounts with the several payments of interest to become due thereon, but the |