! Chap. 110. AN ACT to repeal chapter one hundred and twenty of the laws Became a law March 21, 1899, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate pealed. Section 1. Chapter one hundred and twenty of the laws of eight-Acts reeen hundred and fifteen, entitled "An act to incorporate the Montezuma Turnpike and Bridge Company," chapter one hundred and sixty-five of the laws of eighteen hundred and seventeen, chapter eighty-two of the laws of eighteen hundred and nineteen, chapter five hundred and twenty-four of the laws of eighteen hundred and fifty-three, acts amendatory of such chapter one hundred and twenty of the laws of eighteen hundred and fifteen; and chapter four hundred and fifty-eight of the laws of eighteen hundred and eighty, entitled "An act to amend chapter five hundred and twenty-four of the laws of eighteen hundred and fifty-three. entitled 'An act to amend an act entitled' An act to incorporate the Montezuma Turnpike and Bridge Company," are hereby repealed. highway. § 2. From and after the passage of this act the turnpike road Public over the Seneca river and marshes, including the bridges over such Seneca river, formerly maintained by the said Montezuma Turnpike and Bridge Company shall be and remain a public highway, and such turnpike road and bridges over the Seneca river shall be vested in and become the property of the State of New York and its grantees. § 3. This act shall take effect immediately. Act amended. Examina tion of ditches. Chap. 111. AN ACT to further amend chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act to amend title sixteen, chapter eight, part three of the revised statutes, relative to proceedings for the draining of swamps, marshes and other low or wet lands, and for draining farm Lands," and acts amendatory thereof and supplementary thereto. Became a law March 21, 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: Section 1. Title sixteen, chapter eight, part three of the revised statutes, as amended by chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, chapter thirtyeight of the laws of eighteen hundred and seventy, chapter three hundred and three of the laws of eighteen hundred and seventyone, chapter two hundred and forty-three of the laws of eighteen hundred and seventy-three, chapter six hundred and eight of the laws of eighteen hundred and eighty-one, chapter six hundred and thirty-six of the laws of eighteen hundred and eighty-six, chapter five hundred and twenty-seven of the laws of eighteen hundred and eighty-eight, chapter five hundred and fifty seven of the laws of eighteen hundred and ninety, chapter three hundred and twenty-one of the laws of eighteen hundred and ninetytwo, chapter eight hundred and nineteen of the laws of eighteen hundred and ninety-six and chapter two hundred and forty-nine of the laws of eighteen hundred and ninety-seven, is hereby further amended by adding thereto a new section to be known as section thirty-six thereof and to read as follows: § 36. Upon the receipt by any water commissioner of the town or towns of the petition mentioned in section twenty-six of this title, and within ten days thereafter, it shall be the duty of the said water commissioner or commissioners to make a personal examination of the ditch or ditches mentioned in the said petition, and if upon such examination he shall be of the opinion ditches by that the whole amount required to repair or enlarge such ditch missioners. or ditches shall not exceed the sum of five hundred dollars, he or Repair, etc.. of water com they in lieu of all other proceedings required by this title, may proceed to make the said repairs or enlargement of the said ditch or ditches, and for that purpose may let the same by contract as re expendi. Ditch tax, quired by this title, or may have the said work done by days work under his supervision, or under the supervision of some person to be designated and appointed by him. When the said repairs or enlargement shall be finished, it shall be the duty of the said water commissioner to make up an itemized account of his expenditures in making the said repairs or enlargement, and file the same in the town clerk's office of the town or towns in which the said ditch or ditches are situated, and also in the office of the county clerk of the county or counties embracing the said town. or towns. At the next meeting of the town board of the town Audit of for the audit of claims against the said town, it shall be the tures. duty of the said board to audit and allow the said expenditures so made by the said water commissioner not exceeding the sum of five hundred dollars in any one year; and the same shall be certified with the other town audits of the said town to the board of supervisors of the county or counties in which the said town or towns are situated, and the expenses thereof shall be apportioned among the owners of any premises which were originally assessed, for the construction of the said ditch or ditches, according to the valuations thereof on the last assessment-roll, and the said tax shall be placed in the annual tax roll in a separate column opposite the name of the person assessed, which column. shall be headed "Ditch Tax," and shall be collected by the collector with the annual state and county taxes against the said person or persons, or their property, in the same manner and at the same time that other taxes are levied and collected. And in case Liability of repairs, any town has contributed to the construction of the said ditch etc. or ditches, the said town shall be liable for the said repairs or enlargement of the said ditch or ditches, in the same proportion that they were originally assessed for the construction of the same, which shall also be levied and collected out of the taxable inhabitants of said town, in the same manner that other town taxes are levied and collected. When the said ditch tax shall be so collected, it shall be paid over by the collector to the said water commissioner, who shall use the same in the payment of the liabilities for repairing or enlargement of the said ditch or ditches, and upon such payment he shall take vouchers therefor, and the same shall be filed by him in the town clerk's office of the town or towns in which the said ditch or ditches are situated. 2. This act shall take effect immediately. town for Application of tax. Act amended. Terms of office. Appoint. ments. Chap. 112. AN ACT to amend chapter five hundred and eighty-three of the laws of eighteen hundred and ninety-eight, entitled "An act to regulate the appointment and terms of office of commissioners of deeds, in cities of this state, situate in counties having a population of not less than three hundred thousand, and not more than five hundred and fifty thousand, according to the last state or federal enumeration." Accepted by the city. Became a law March 21, 1899, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one of chapter five hundred and eighty-three of the laws of eighteen hundred and ninety-eight, is hereby amended so as to read as follows: § 1. The term of office of each commissioner of deeds hereafter appointed by the common council in cities of this state situate in a county which has a population of not less than three hundred thousand, and not more than five hundred and fifty thousand, aзcording to the last state or federal enumeration, shall expire on the thirty-first of December of the even numbered year next after he shall be appointed. The common council of any such city shall in the month of November in every even numbered year, by resolution, determine the number of commissioners of deeds to be appointed in such cities, respectively, for the next succeeding two years. Such commissioners of deeds may be appointed by the common council by resolution, and the city clerk shall immedi ately after such appointment, file a certificate thereof with the county clerk of the county in which such city is situate, specify. ing the term for which the said commissioners of deeds shall have been appointed; the county clerk shall thereupon notify such persons of their appointment, and such persons so appointed shall qualify by taking the oath of office before such county clerk within ten days after giving such notice; and the county clerk shali demand and receive the sum of one dollar from each person so qualifying. § 2. This act shall take effect immediately. Chap. 113. AN ACT to legalize the official action of Frank Davis, former sole commissioner of highways of the town of Rotterdam, Schenectady county, and to authorize the issue of bonds for the payment of indebtedness by him incurred. Became a law March 22, 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: Section 1. The official acts of Frank Davis, sole commissioner Official acts legalof highways in and for the town of Rotterdam, in the county of ized. Schenectady from April, eighteen hundred and ninety-six to April, eighteen hundred and ninety-eight, in contracting indebtedness for highway purposes in excess of his authority to an amount of eighteen hundred dollars for materials furnished and services rendered for highway purposes in said town in the years eighteen hundred and ninety-six, eighteen hundred and ninety-seven and eighteen hundred and ninety-eight are hereby legalized and confirmed, and the cost of such services and materials incurred by him for such purposes shall be paid by the said town of Rotterdam. bonds. § 2. The town board of the said town of Rotterdam, is hereby Issue of authorized and empowered to borrow on the faith and credit of said town the sum of eighteen hundred dollars for the purpose of paying the said indebtedness and the said town board is hereby authorized and empowered to issue bonds on the faith and credit of said town not exceeding the sum of eighteen hundred dollars for such purpose. Such bonds shall be for the sum of one hundred dollars each, with interest payable annually, shall be signed by the supervisor and countersigned by the town clerk of said town and shall be payable three hundred dollars thereof on the first day of April, nineteen hundred, and three hundred dollars thereof on the first day of April in each subsequent year, until all of said bonds are paid. Said bonds shall be binding obligations upon the said town of Rotterdam and the interest and principal thereof becoming due in any year shall be paid out of any moneys of said town properly applicable for highway purposes. Said bonds shall be sold by the supervisor of said town at public or private sale, for not less than par and accrued interest, to who |