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Chap. 88.

AN ACT to amend chapter seven hundred and nine of the laws. of eighteen hundred and ninety-five, entitled "An act to provide for the construction of a sewer in the city of Newburgh, and to apportion and assess the expenses thereof upon lands both in the city of Newburgh, and in the town of Newburgh, Orange county," as amended by chapter seven hundred and eighty-eight of the laws of eighteen hundred and ninety-seven. Accepted by the city.

Became a law March 15, 1899, 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:

Sewer act

Section 1. Section three of chapter seven hundred and nine o' amended. the laws of eighteen hundred and ninety-five, entitled "An act to provide for the construction of a sewer in the city of Newburgh, and to apportion and assess the expenses thereof upon lands both in the city of Newburgh and in the town of Newburgh, Orange county," as amended by chapter seven hundred and eighty-eight of the laws of eighteen hundred and ninety-seven, is hereby further amended so as to read as follows:

Apportionment and assessment

§ 3. The common council of the city of Newburgh shall determine the amount of all the cost and expenses of every kind which of cost. shall be incurred in constructing said sewer and carrying this act into effect; and shall determine the amount to be assessed therefor and shall enter the amount thereof in the minutes of their proceedings, and shall then cause a warrant to be issued to the city assessor; the town assessor of the town of Newburgh in and for what is known as the first district in said town, and the supervisor of the fourth ward of the city of Newburgh, who, for the purposes of this act, is hereby vested with all the powers of city assessor in regard to the assessment of real estate for local improvements, directing them to apportion and assess the said amount upon all the real estate situated on the watershed in said city of Newburgh, deemed by them to be benefited by the said sewer, and also upon all the real estate situated on the watershed in said town of Newburgh, deemed by them to be benefited by the said sewer. The said warrant shall be signed by the mayor under the corporate seal of said city. In every assessment made by said assessors under the provisions of this act, they shall

assess

ment.

and correc

briefly describe the real estate on or in respect of which any such assessment is made, which assessment shall be signed by said assessors, or a majority of them, and shall be delivered by them to Notice of the clerk of the city of Newburgh, who shall thereupon cause a notice to be published in two of the public newspapers printed in said city that such assessment has been made and filed, and that the common council will meet at a time and place to be named in said notice, not less than ten days after the date thereof, to hear any objections which may be made to such assessment, and in the meantime the said assessment may be examined withReview out expense by any person desiring to examine the same. At the tion. time and place specified in said notice the common council shall hear such objections as shall be made to the said assessment, and shall review the same, and may adjourn such proceedings, from time to time, and may alter and amend the said assessment and the said apportionment in their discretion, and when they shall deem it to be correct, they shall confirm the same, and the amount apportioned and assessed upon real estate situated in the said city of Newburgh as so confirmed, shall then be collected in the manner provided by the third section of the fifth title of the act entitled "An act to incorporate the city of Newburgh, passed April twenty-second, eighteen hundred and sixty-five," and the amount apportioned and assessed upon the real estate situated in Collection the town of Newburgh, as so confirmed, shall be then collected in ment. the manner provided by law for the collection of town taxes.

of assess

Rules and regulations for connections.

Each assessment shall be a lien upon the premises upon which it
is assessed, and may be collected by the sale of such premises in
accordance with the provisions of law in relation to the collection
of taxes, and the sale of lands therefor, and such assessments
when collected shall be paid to the treasurer of the city of New-
burgh.

§ 2. Section four of said act is hereby amended so as to read
as follows:

§ 4. The common council of the city of Newburgh shall have power to make all needful rules and regulations in relation to the connection of drains and sewers with the sewer hereby authorized to be constructed, both in said city of Newburgh and in said town, and the provisions of section one of title six of the charter of the Provisions city of Newburgh, providing for the construction of sewers in cable. said city by the board of public works of said city, and the provisions of section thirteen of said title in regard to the assess

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ments for local improvements, shall not apply to the construction
of, and the assessments for benefits derived from said sewer, but
after the construction of said sewer by the common council, as au-
thorized by this act, the same shall be under the general control
and management of the board of public works of said city.
§ 3. This act shall take effect immediately.

Control of

sewer.

Chap. 89.

AN ACT to authorize the board of estimate and apportionment of the city of New York to acquire the right, title and interest in certain lands in the borough of Brooklyn in said city and to release the interest of the said city in certain lands therein.

Accepted by the city.

Became a law March 15, 1899, 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:

tion of land

author

Section 1. The board of estimate and apportionment of the city Acquisi of New York is hereby authorized and empowered to acquire by ized. conveyance from the owner for and on behalf of said city of New York, in fee simple, the title to such portion of the following described premises situated in the borough of Brooklyn in said city as it may deem proper and advisable, and in consideration therefor to release by quit claim deed to the party or parties conveying such portion the right, title and interest of said city in and to any other portion of said premises which in its discretion it may deem advisable and proper to quit claim, in addition to such other or further consideration in the premises as it may determine.

tion of

The premises herein referred to are bounded and described Descrippremises. as follows: All that certain lot, piece or parcel of land lying and being in the borough (former city) of Brooklyn, county of Kings and state of New York, bounded and described as follows: Beginning at a point formed by the intersection of the northerly line. of Berkeley place with the westerly line of Plaza street; running thence northerly along the westerly line of said Plaza street eight feet and three inches to a point; thence northerly on a radius of ten feet, sixteen feet and four inches, to a point distant easterly one foot and three inches from the westerly line of Plaza street; running thence northerly and parallel with said Plaza street

Keeping open of offices.

Acts of

town board

thirty-two feet to a point; thence again northerly and on a radius of ten feet, sixteen feet and nine inches to a point on the westerly side of said Plaza street; running thence southerly along the said westerly side of Plaza street sixty-one feet and four inches to a point; thence in a southwesterly direction thirteen feet and one inch to a point on the northerly side of Berkeley place distant fourteen feet and two inches from the place of beginning, and running thence easterly along the said northerly side of Berkeley place fourteen feet and two inches to the point or place of beginning.

§ 2. This act shall take effect immediately.

Chap. 90.

AN ACT to permit the board of supervisors in the county of Nassau to provide for the keeping open of the offices of the clerks of said towns and to provide for compensation therefor; and to legalize and confirm the acts of said town boards in heretofore auditing and allowing claims for compensation for like services.

Became a law March 15, 1899, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. The board of supervisors in the county of Nassau shall have power to provide by resolution that the clerks of the towns in said county shall keep open their offices during certain hours of each and every day, except Sundays and holidays, and to fix a per diem allowance for such service in keeping open said offices not exceeding the sum of two dollars in addition to any other fee or allowance said clerks are now entitled to receive.

§ 2. Each and every act of any of the town boards in said county confirmed. in heretofore auditing or allowing any claim of any clerk of said towns for services in keeping open his office or as custodian of the public records of his said town, be, and the same are hereby in all respects ratified and confirmed.

Proviso as to preced

ing actions.

§ 3. This act shall not affect any action or proceeding now pending in which the validity of the charge of said town clerk for the services herein before mentioned is the subject matter of the litigation.

§ 4. This act shall take effect immediately.

Chap. 91.

AN ACT authorizing the construction of a masonry covering over the channel leading from the waste weir, west of lock number thirty-nine of the Erie canal, in the city of Little Falls, New York.

Became a law March 16, 1899, 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:

tion of coV

Section 1. The superintendent of public works is hereby author. Construcized to construct a covering over the channel leading from the ering. first waste weir west of lock number thirty-nine of the Erie canal, in the city of Little Falls, to the Mohawk river, and to make such alterations and changes in the masonry of said waste weir as may be required for the convenient construction of the same. § 2. The work hereby authorized shall be performed in accord- Plans and ance with plans and specifications to be furnished and approved by the state engineer and surveyor, and the superintendent of public works shall construct said masonry covering as soon as possible after the passage of this act.

specifica

tion.

tions.

§ 3. The sum of six thousand dollars, or as much thereof as Appropriashall be necessary, is hereby appropriated for the purposes speci

fied in this act payable from the canal fund.

§ 4. This act shall take effect immediately.

Chap. 92.

AN ACT to amend chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight, entitled "An act to provide for the improvement of the public highways," in relation to notices of apportionment of assessment.

Became a law March 16, 1899, 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:

amended.

Section 1. Section ten of chapter one hundred and fifteen of Act the laws of eighteen hundred and ninety-eight, entitled "An act to provide for the improvement of the public highways," is hereby amended to read as follows:

Assessment of

§ 10. The town assessors of any town in which any highway or cost.

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