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shall not exceed four thousand dollars, except at the first annual meeting after the passage of this act a further tax sufficient to pay up all arrears of village indebtedness, shall be assessed and collected.

S 6. This act shall take effect immediately.

Amountand conditions of appropriatlon.

Chap 103.
AN ACT to facilitate the construction of the

Whitehall and Plattsburgh Railroad.

Passed March 20, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever the Whitehall and Plattsburgh railroad company sball, from time to time, and within two years from the passage of this act, duly and satisfactorily prove to the Comptroller of this State, that any ten miles or more of the road of said company, between Plattsburgh in the county of Clinton, and Whitehall in the county of Washington, shall have been built and ready for equipment and operation, the Treasurer of the State is hereby authorized, directed and required to pay to the treasurer of said company, from time to time, as such proof shall be made, as aforesaid, the sum of five thousand dollars a mile, and at that rate for any part of a mile; for each and every mile of such road so built and ready for equipment and operation, as aforesaid, not, however, to exceed fifty miles in all. And a sum sufficient to pay said five thousand dollars a mile, for said fifty miles, is hereby (for public purposes) appropriated to aid in the construction of said fifty miles of the said Whitehall and Plattsburgh railroad, aforesaid.

$ 2. There shall be imposed, for each of the fiscal years commencing on the first day of October, eighteen hundred and sixty-seven and eighteen hundred and sixty-eight, a State tax of one-thirteenth of a mill in each year, on each dollar of the valuation of the real and personal property of this State, to be assessed, levied and collected in the usual manner

State tax.

prescribed by law for raising State taxes, to be paid by the several county treasurers into the treasury of this State, and to be held by the State Treasurer for the special purpose designated by this act. $ 3. The Comptroller of this state is hereby author- Duty of

Comptrolized and required, from time to time, to draw his ler. warrant upon the Treasurer thereof for the said several sums hereby appropriated, to be paid as aforesaid, whensoever the said conditions shall have been complied with on the part of said company; but in case the said company shall fail to comply with the said conditions, within the time mentioned in the first section of this act, the said moneys shall be applied to and for the uses of the general fund of this State ; and if there shall be an overplus, after paying the said sums hereby appropriated, the same shall in like manner be applied to the general fund. The said Application moneys thus received by the said company to be applied and used in the completion and equipment of said railroad, and for no other purpose whatever.

$ 4. This act shall take effect immediately.

Chap 104.
AN ACT to provide for the draining and filling

up of the old channel of Onondaga creek,
between the south bounds of the city of Syra-
cuse and Onondaga street, in said city, and for
straightening and deepening the channel of said
creek between said Onondaga street and the
bridge across said creek north of West Genesee
street and near the pump-house, and for the
removing encroachments on and obstructions in
said channel.

Passed March 20, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The mayor of the city of Syracuse, by Commisvirtue of his office, John W. Barker, Carroll E.. sioners. Smith, Charles Andrews and Frank Hiscock, are

Oath of ofico.

Entrance on lands.

hereby appointed commissioners for the purpose of filling

up and draining the old channel and bed of the Onondaga creek, in the city of Syracuse, between the south line of said city and Onondaga street; also, for the purpose of straightening and deepening the channel of Onondaga creek, in the city of Syracuse, in Onondaga county, from the south line of Onondaga street to the bridge across said creek north of West Genesee street and near the pump-house, and removing from the channel all obstructions therein and encroachments thereon ; but no money shall be expended in opening a new channel for said creek north of the Erie caual.

S 2. The said commissioners shall, before they enter upon the discharge of their duties as such commissioners, subscribe and take the oath of office prescribed by the constitution, and file the same with the clerk of Onondaga county.

$ 3. The said commissioners shall have power to enter upon all lands on the line of said Onondaga creek, and on the old channel and bed thereof and lands adjacent thereto, to make all necessary surveys, and shall have power to take any of said lands and appropriate the same for the purposes mentioned in the first section of this act. The lands which may be taken as aforesaid, are hereby declared to be taken for public use. The said commissioners shall also have power to do all acts and things which they may deem necessary to accomplish the purposes mentioned in the first section of this act.

S 4. Before said commissioners shall take any such

lands, the damages to the owners thereof respectively appraisal'ot shall be ascertained and appraised by three commis

sioners, to be appointed by the county court of Onondaga county, upon at least eight days' notice to said owners respectively, of application for such appointment, to be given by the commissioners named in the first section of this act. Said notice may be served personally or by mail, directed to the persons to be served, at their respective places of residence, if said commissioners can ascertain the osame. If any of the property to be taken shall be owned by a corporation, the notice may be served

Commissioners to appraise damages;

upon the president or other officers of the same. If the residence of any owner of property so to be taken cannot be ascertained by said commissioners, then notice may be served on such owners by publication thereof in a daily newspaper published in the city of Syracuse for the period of two weeks. The commissioners appointed by the county court as aforesaid, shall, before entering upon their duties, take the oath of office prescribed by the constitution, and file the same in the office of the clerk of Onondaga county, and thereafter upon not less than eight days' notice to said commissioners named in the first section of this act, and to the several persons or corporations owning the property to be taken as aforesaid ; they shall view the premises, hear the proofs and allegations of the parties, and ascertain and determine the amount of damages which will be sustained by such owners respectively for the lands to be taken as aforesaid, and make their awards in writing under their hands and seals, and file the same in the office of the clerk of Onondaga county. Said notice may be served in the same manner as is hereby provided in respect to the service of notice of the application for the appointment of said commissioners, and in making their said awards, said commissioners shall take into account and deduct all benefits to the owners of said lands respectively, by reason of said improvements. In the event any of Vacancies,

how filled the commissioners provided for by this section shall, after appointment, die, or refuse to act, then the place of such commissioner shall be filled by the county court, upon the same notice and in the same manner as provided by this section for the appointment of said commissioners in the first instance; and when so appointed, before entering upon his duties, said commissioner shall take and file the oath of office prescribed by the constitution, as provided in this section for the commissioners appointed in the first instance. The commissioners appointed under this Who' to pay section shall be paid, by the city of Syracuse, a just sioners. compensation for their services under this act.

35. Any benefits to lands arising from said improvements in excess of the damages thereto,

Benefits,
&c., to lands
in town of
Onondaga,
&c.

ers ted.

including lands in the town of Onondaga, said commissioners appointed by the county court shall ascertain and determine, and certify under their hands and seals, and file with the clerk of Onondaga county, and the common council of the city of Syracuse shall in the next annual city tax assessment and levy thereafter, include in the tax of each of the owners of said lands in said city, the amount certified by said commissioners as the value of the benefits of said improvements to their lands respectively, and the same shall be a valid tax against said owners respectively, and be collected of them in the same manner as the annual city tax of the city of Syracuse, and for the benefit of said city. The said com. missioners in ascertaining and determining the value of said benefits, shall proceed upon the same notice and in the said manner as provided in section four of this act, for ascertaining and determining damages

and the amounts of the said benefits to the lands in the Taken on town of Onondaga, certified as aforesaid. The board

of supervisors of the county of Onondaga shall, at their next annual meeting thereafter, levy upon said lands, and insert the same in the tax warrant for the collection of taxes of said town, as a tax against the owners of said lands to the amount as certified as aforesaid against them respectively; and when col. lected the same shall, by the town collector of the town of Onondaga, be paid to the treasurer of said city of Syracuse; and all the laws for the collectior of taxes in the town of Onondaga and not inconsis tent herewith shall be applicable to the collectior

thereof. Proposels $ 6. The furnishing of all materials and perform

ance of all work under the provisions of this ac rials, &c.

shall be advertised for by said commissioners named in the first section of this act, for fifteen days, in thret daily newspapers published in said city, and sealed proposals therefor during said fifteen days may b handed to one of said commissioners at a plac to be designated in said advertisement; and at th time and place designated in said advertisement fo the opening said proposals, the said commissioner shall open the same publicly, and shall contract wit

for furnishing mate

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