Salary of police jus of fees. forty-five as amended by chapter two hundred and thirty-nine of the laws of eighteen hundred and fiftyseven, is hereby amended so as to read as follows: § 6. The said police justice shall not be entitled to tice in lieu receive any fees for services performed under this act; but in lieu thereof he shall receive an annual salary of eight hundred dollars, which shall be allowed, raised and paid by the town of Saratoga Springs, as other town charges are allowed and paid. Board of education may dispose of real and personal property. Proceeds § 2. This act shall take effect immediately. Chap. 630. AN ACT to amend an act entitled "An act to consolidate the several school districts and parts of districts within the corporate limits of the village of Saratoga Springs, and to establish a Free Union School or schools therein," passed April twelfth, eighteen hundred and sixty-seven. Passed May 6, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section six of an act entitled "An act to consolidate the several school districts and parts of districts within the corporate limits of the village of Saratoga Springs, and to establish a free union school or schools therein," passed April twelfth, eighteen hundred and sixty-seven, is hereby amended by adding thereto the following subdivision: 11. To sell and dispose of such real and personal property as may become unnecessary for the purpose of conducting said schools, and pay over and deliver the proceeds of any such sale or sales to the treasurer of the village of Saratoga Springs, as provided by sec into village tion eight of this act. to be paid treasury. May fill fill vacancies in board. § 2. The board of education shall have power to fill any vacancies which may exist or occur by reason of the death, resignation, removal or refusal to act, of any member of said board appointed or elected, and the person and persons so appointed shall hold such office until the first election succeeding such appointment, when such vacancy shall be filled by election in the manner provided by section two of said act. § 3. This act shall take effect immediately. Chap. 631. AN ACT to widen portions of Sackett, Douglass and President streets, and otherwise to alter the Commissioners' map of the city of Brooklyn. Passed May 6, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: street Doug widened. SECTION 1. Sackett street, in the city of Brooklyn, is Sackett hereby widened from Washington avenue easterly to widened. the southerly limit or boundary line of the said city, to the width of two hundred and ten feet, and shall be opened to that width by adding seventy feet in width to each side of the said street, as now laid down on the commissioners' map of the said city. And President President street and Douglass street are hereby also widened, from and las streets New York avenue easterly to the said city line, to the width of one hundred feet, and shall be opened to that width by adding fifteen feet in width to each side of the said several streets, as now laid down on the said map. §2. So much of Degraw street as lies easterly from Part of DeNew York avenue and extends to said city limits, is narrowed. hereby narrowed to the width of thirty-five feet, by taking away thirty-five feet in width on the southerly side thereof; and so much of Union street as lies east- Part of erly from the said avenue, and extends to said city street narlimit, is hereby also narrowed to the width of thirty-five feet, by taking away thirty-five feet in width from the northerly side thereof; which said southerly side of Degraw street, and northerly side of Union street, are hereby abandoned for street purposes, and shall be stricken from the said city map. graw street Union rowed. 3. No buildings or other erections, except porches, Provisions piazzas, fences, fountains and statuary, shall remain or placing of concerning buildings and otlier erections upon streets widened or narrowed. Carrying on of cer tain trades ness there in prohib and busi Prospect park com to open, grade and improve said streets. Applica pointment sioners of assessment. be at any time placed upon any of the lots fronting upon either of the said streets so to be widened, within thirty feet from the line or sides of the said several streets respectively. The intervening spaces of land, on each side of the said several streets, shall be used for court-yards only, and may be planted with trees and shrubbery, and otherwise ornamented, at the discretion of the respective owners or occupants thereof; and no building now standing, or that may be hereafter erected, on any lot fronting or to front on either Union or Degraw street, so narrowed, shall ever be used for any purpose other than a stable, carriage house, conservatory for plants, or green-house; but no livery or railway stable, or car house, shall at any time be erected or maintained upon any of the said lots. And at no time shall there be erected, established or carried on in any manner whatever, upon any land to be affected by the said widenings, or either of them, any slaughter house, tallow chandlery, furnace, foundry, nail or other factory, or any manufactory for making starch, glue, varnish, vitriol, oil or gas, or for tanning, dressing, repairing or keeping skins, hides or leather, or any distillery, brewery or sugar bakery, lime kiln, railway or other stable or depot; or any other manufactory, trade, business or calling which may be in anywise dangerous, noxious or offensive to the neighboring inhabitants. § 4. The commissioners of Prospect Park are hereby missioners directed to take proceedings, within sixty days after the passage of this act, to open, grade and otherwise improve the said several streets described in the first and second sections of this act; and for the purpose of determining tion for ap- the amount to be paid to the owners of the lands and of commis tenements required to be taken for the purposes of the several changes and improvements contemplated by this act, the said park commissioners shall cause application to be made to the supreme court in the second judicial district, at a special term thereof, upon a notice to be Notice to personally served upon the counsel of the said city, and to be also published ten days successively in the corpor ation newspapers, for the appointment of three commissioners to estimate the expense of such widenings and openings, and the amount of damages to be sustained be pub lished. by the owners of land, and all other persons to be affec ted thereby, and to apportion and assess the same as hereinafter directed; and the court shall thereupon proceed to make such appointment. assess Duty of sioners of and assess commis. estimate ment. § 5. Before any assessment for such widening and District of opening is made, the commissioners of Prospect Park ment. shall, by resolution, fix a district of assessment, beyond which the assessment therefor shall not extend. § 6. The commissioners so to be appointed by the court shall, after having been duly sworn, proceed to estimate such expenses and damages, and in making the estimate they shall include the damages, if any, to be sustained by any person or persons, for being so obliged to build back from the line or sides of any of the said several streets, or for being restricted in the use of the lots fronting on said streets, as specified in the third section of this act; and after their report thereon shall Report. have been confirmed by the said court, they shall appor- ment upon tion and assess the amount thereof in such manner as they shall deem just and equitable upon the lands and premises in their judgment benefited by the improvement, within the district of assessment so to be limited by the said park commissioners. Assess lands. street how far § 7. All laws now in force relative to the widening, Laws reopening and improving streets and avenues in the city of lating to Brooklyn, subsequent to the appointment of commis- openings; sioners of estimate and the proceedings thereon, and the applicable. duties of the several persons to be employed therein, substituting the commissioners of Prospect Park in place of the common council, and also in place of the street commissioner of said city, and substituting the said commissioners of estimate and assessment in place of the board of assessors of said city, so far as relates to the opening of streets and avenues, including also payment for the work, and the levy and collection of the assessments for such improvements and the lien thereof, so far as they are not inconsistent with the provisions of this act, shall apply to and regulate all proceedings that may be had or taken under this act. But such proceedings shall continue to be under the direction of the commissioners of Prospect park, who shall stand in the place of and act, when required, as the common council of the surveyors, city, or the street commissioner thereof, would be Attorney, required to act in the premises; and they shall employ an attorney and counsel and all such clerks, surveyors and other agents as may be required for the purposes of this act. etc., may be appoint ed. Compensa tion of commis sioners,etc. Streets: how to be laid out. Grading and planting of trees, etc. § 8. The said commissioners of estimate and assessment shall be allowed to make use of any maps on file in any of the public offices of the said city, and shall each receive five dollars a day for every day actually spent in the discharge of his duty, which expenses and compensation, together with the room hire, stationery and other necessary expenses of the said commissioners, as well as the expenses and compensation of all other persons necessarily employed under the foregoing provisions of this act, shall be included in the general expenses to be incurred herein. § 9. The streets specified in the first and second sections of this act shall be laid out according to a plan to be devised or adopted by the said park commissioners. The said streets shall also be graded, paved, curbed, and guttered in such manner as the said park commissioners shall direct, and may be renamed and planted with suitable shade trees, or otherwise improved in their discretion, and they may construct such roads and walks through the said streets, or any of them, and make use of such materials of construction, or pavements, as they shall deem best. And Sackett street shall be graded street shall within one year after the confirmation of the report of commissioners of estimate and assessment. When be graded. Expenses for said improvements; assessed. § 10. All expenses incident to the improvements specified in the ninth section of this act, with the exception how to be of so much thereof as shall appertain to one hundred and ten feet in width, in the middle of Sackett street, after having been duly certified by the said park commissioners to the board of assessors of the city of Brooklyn shall be, by said board, apportioned and assessed, as other local improvements are by law directed to be apportioned and assessed in the said city. The residue of the said expenses appertaining to the improvement of the said one hundred and ten feet in width, through the middle of Sackett street, shall also be apportioned and assessed, upon the district of assessment to be fixed |