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of trustees may cause a street in the village, or any portion thereof, to be paved wholly at the expense of the owners of the adjoining land, or one-third thereof at the expense of the village and twothirds at the expense of such owners; but such street shall not be paved wholly at the expense of the owners of the adjoining land, unless a petition be presented to the board of trustees signed and acknowledged by the owners of at least two-thirds of the frontage on the street, or portion thereof proposed to be paved, exclusive of any portion thereof, owned by the village, and a hearing given thereon to all persons interested, on a notice of at least ten days. The board of trustees shall give notice in writing to the owners of land adjoining such street, or portion thereof, that the board intends to cause such street to be paved, and directing such owners to make connections with the sewer, and with the water and gas mains, and carry the same inside the curb line. Should such owners neglect, for ten days after the service of such notice, to make such connections, the board of trustees shall cause the same to be made according to the directions in such notice and assess the expense thereof upon the adjoining land. All pavements shall be constructed or repaired under the direction of the board of trustees, and the expense thereof shall be assessed upon the adjoining land, first deducting the share of any portion thereof which any street or other railway company may be liable to pay, except that whenever the board of trustees determine to construct or repair such pavement partly at the expense of the village, the village shall pay one-third of the expense thereof. The board of trustees shall assess upon any railway company its share of the expense of said paving, which share shall be the expense of that portion of the pavement between its tracks, the rails of its tracks and two feet in width. on each side of the rails outside of its tracks. Its portion shall be assessed against any railway company in the same manner as other assessments under this section, and the amount so assessed shall be a first lien upon all the property and franchises. of such railway company within the corporate limits of said village until fully paid, and superior to every other lien or claim. except the lien of an existing tax. The total amount expended for street paving in any fiscal year from the moneys raised during such year for street purposes, otherwise than in pursuance of a village election, shall not be more than one-half thereof. No land owner shall be required to pave or bear the expense of

paving any portion of the street not in front of such land, nor beyond the center of the street. The expense of constructing a pavement or any part thereof may be raised in an entire amount or in similar amounts from time to time as the board of trustees may determine. If any portion of such expense is to te borne by the village, bonds or certificates of indebtedness may be issued. If such expense or any part thereof is to be assessed upon adjoining lands or any railway company, the board may apportion it upon the lands or any railway company and assess the same as a whole or by installments, not exceeding three. Notice of an assessment based upon such apportionent shall be given to the land owners and to such railway company, who may pay the amounts assessed within ten days after such notice. At the expiration of that time, bonds or certificates of indebtedness may be issued for the aggregate amount of such assessment then remaining unpaid. Taxes for the amount of such bonds or certificates issued on account of default in the payment of the amount apportioned upon adjoining lands or any railway company, shall be levied and collected in the manner prescribed in this act in case of unpaid assessments for the construction of sewers. In case any assessment heretofore or hereafter made for a local improvement shall have been or shall be set aside, by any court of this state, or shall fail or shall have failed, through any irregularity in making or confrming such assessment, it shall be lawful for the board of trustees, forthwith, to cause a new assessment, including the interest and expenses of the former assessment to be levied and collected; and such new assessment shall have the same force and effect, as though no former assessment had been made.

§ 132. Supervision and extension of system.-A system of water works acquired or established under this article shall be under the control and supervision of the board of water commissioners. The board shall keep it in repair and may, from time to time, extend the mains or distributing pipes if the expense thereof in any year shall not exceed one thousand dollars. If the estimated expense will exceed the above amount such extension can only be made when authorized by a proposition adopted at an election.

§ 145. Contracts for lighting.-The board of light commissioners may contract, in the name of the village, with an individual or corporation for lighting the streets, public grounds

and public buildings of the village by gas, electricity or other
substance; but such contract shall not be made for a longer
period than five years, nor at an expense for each fiscal year
exceeding two and a half mills on every dollar of taxable prop-
erty of the village, as appears on the last preceding village as-
sesment-roll, unless authorized at a village election. The amount
of such contract shall be paid in semi-annual installments com-
mencing from the date of the contract.

§ 2. This act shall take effect immediately.

City

charter

Chap. 51.

AN ACT to amend section one hundred and forty-two of chapter
one hundred and five of the laws of eighteen hundred and ninety-
one, entitled "An act to revise the charter of the city of Buffalo,'
with reference to dividing taxes and assessments.

Accepted by the city.

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Became a law March 8, 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. Section one hundred and forty-two of chapter one amended. hundred and five of the laws of eighteen hundred and ninety-one, entitled, "An act to revise the charter of the city of Buffalo," is hereby amended so as to read as follows:

Division of taxes and

asses

ment.

§ 142. When a tax shall be levied, or an assessment shall be made upon a parcel of land, of which specific parts belong to different persons, the board of assessors, upon the application of either of such persons, shall apportion the tax or assessment between the specific parts owned by such different persons. The board shall make a certificate in duplicate of such apportionment, describing the different specific parts and by whom owned, and the amount of the tax or assessment apportioned to each, and deliver one part to the comptroller and the other to the treasurer. The owner of any specific part may discharge it from the tax or assessment by paying the amount thereof, with the additions and interest, if any, apportioned upon such part. This section shall apply to taxes and assessments either heretofore or hereafter levied or made.

§ 2. This act shall take effect immediately.

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Chap. 52.

AN ACT to legalize the proceedings of the city of Buffalo had or taken for the purpose of surfacing a part of Niagara street in said city.

Accepted by the city.

Became a law March 8, 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:

proceed

ized.

Section 1. All acts and proceedings of the city of Buffalo, its Acts and departments and officers, had or taken for the purpose of surfacings legaling Niagara street its present width, and paving two feet on each side of the present pavement from the asphalt pavement at Niagara square to the south curb line of Porter avenue, excepting that portion occupied by the street railroad tracks, with genuine Trinidad lake asphalt pavement, are hereby in all respects legalized, ratified and confirmed; and the assessment-roll made to defray the expense of such work or improvement is also hereby in all respects legalized, ratified and confirmed. The said city of Buffalo, its departments and officers, hereby are authorized and directed to proceed with the surfacing of said street, and with the collection and enforcement of the assessment made for defraying the expense thereof. This act shall not affect any action or pro Proviso. ceeding now pending.

§ 2. This act shall take effect immediately.

Chap. 53.

AN ACT to amend section eight hundred and thirty-six of the code of civil procedure with respect to the competency of witnesses, and evidence in particular cases.

Became a law March 8, 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 eight hundred and thirty-six of the code of Code civil procedure is hereby amended to read as follows:

tion of seo

§ 836. The last three sections apply to any examination of a Applicaperson as a witness unless the provisions thereof are expressly tions. waived upon the trial or examination by the person confessing.

may dis

close pro

fessional

information.

the patient or the client. But a physician or surgeon may upon a Physicians trial or examination disclose any information as to the mental or physical condition of a patient who is deceased, which he acquired in attending such patients professionally, except confidential communications and such facts as would tend to disgrace the memory of the patient, when the provisions of section eight hundred and thirty-four have been expressly waived on such trial or examination by the personal representatives of the deceased patient, or if the validity of the last will and testament of such deceased patient is in question, by the executor or executors named in said will, or the surviving husband, widow or any heir at law or any of the Attorney next of kin, of such deceased, or any other party in interest. But qualified as nothing herein contained shall be construed to disqualify an atprobate of torney in the probate of a will heretofore executed or offered for

not dis

witness in

of certain

may be

fore a referee.

probate or hereafter to be executed or offered for probate from becoming a witness, as to its preparation and execution in case such attorney is one of the subscribing witnesses thereto. In an Testimony action for the recovery of damages for a personal injury the testiphysicians mony of a physician or surgeon attached to any hospital, dispentaken be- sary or other charitable institution as to information which he acquired in attending a patient in a professional capacity, at such hospital, dispensary, or other charitable institution shall be taken before a referee appointed by a judge of the court in which such action is pending; provided, however, that any judge of such court at any time in his discretion may, notwithstanding such deposition, order that a subpoena issue for the attendance and examination of such physician or surgeon upon the trial of the action. In such case a copy of the order shall be served, together with the subpoena. Sections eight hundred and seventy-two, to examin-eight hundred and seventy-three, eight hundred and seventy-four, eight hundred and seventy-five, eight hundred and seventy-six, eight hundred and seventy-nine, eight hundred and eighty, eight hundred and eighty-four and eight hundred and eighty-six of this code apply to the examination of a physician or surgeon as prescribed in this section. The waivers herein provided for must be made in open court, on the trial of the action, or proceeding, and a paper executed by a party prior to the trial, providing for such waiver shall be insufficient as such a waiver. But the attorneys for the respective parties, may prior to the trial, stipulate for such waiver, and the same shall be sufficient therefor.

Sections applicable

ations.

Waiver.

When takes $2. This act shall take effect September first eighteen hundred and ninety-nine.

effect

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