be paid, §4. The money so to be borrowed shall be paid in an- Money to nual instalments of two hundred and fifty dollars each, how. with interest on such sum as shall remain unpaid at the time when any annual payment should be made, as aforesaid, and that sum and such interest shall be annually added to the tax list, and assessed upon the taxable property of said town, and paid over to the supervisor of said town, whose duty it shall be from time to time promptly to pay the same on and towards the discharge of such debt and interest, until a sufficient sum is raised and paid as aforesaid, to liquidate such debt and interest. § 5. The supervisor of said town is hereby authorised to execute a bond or bonds in behalf of said town, for the payment of the money so to be borrowed, with interest in the manner specified in this act; and the execution of such bond or bonds shall not make him personally liable or responsible for such money or any part thereof. shall be the duty of the board of supervisors of the county of Herkimer, and they are hereby required to levy and collect such sum or sums of money as may be necessary to repay the loans hereby authorised, with interest thereon, upon the taxable inhabitants of the said town of Frankfort. § 6. Such commissioner shall from time to time and as often as he shall be required by the supervisor of said town, render a true account in writing to such supervisor, for all moneys received under this act, and the manner and purpose for which the same or part thereof have been expended, which account or accounts shall be by such supervisor, filed in the clerk's office of said town; and such commissioner shall account for and pay over to such supervisor any unexpended balance of said money as may remain in his hands. § 7. It shall be the duty of such commissioner to give his personal attention and supervision to the dyking and improving of said highway, and to prosecute the same within the means provided for by this act, with all reasonable economy and diligence. Bonds to be supervisor. executedby Commisrender an supervisor. sioner to account to Pay of 8. Such commissioner shall be entitled to and may commis retain out of the means herein provided for, one dollar sioner and fifty cents per day, for each day he shall be actually Comptroller to loan money to town of and necessarily employed in the performance of his duties under this act. 9. The comptroller is hereby authorised to loan said town of Frankfort, not exceeding the sum of five hundred Frankfort. dollars, out of the moneys in the treasury belonging to the capital of the common school fund, upon the terms and for the purpose provided for in this act. § 10. This act shall take effect immediately. Chap. 520. AN ACT fixing the place of holding town meetings in the town of Kingston. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The town meetings for the election of town officers in the town of Kingston, in the county of Ulster, shall hereafter be held at the court house in the village of Kingston. Commissioners and powers Chap. 521. AN ACT in relation to sewerage and drainage in the city of Brooklyn. Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of water commissioners, as provided for in an act entitled "An act to provide for the supply of the city of Brooklyn with water," passed the eleventh day of February, one thousand eight hundred and fifty-seven, shall be and are hereby constituted the commissioners under this act, and shall have power to devise and frame a plan of drainage and sewerage of the whole of said city, upon a regular system, for the purpose of thoroughly draining and carrying off the water and filth proper to be carried off by sewers, for the health and convenience of the inhabitants of said city; the plan shall show the location and direction, size and slope of each drain and sewer, whether mains or *latterels, and its depth below the surface, and connections with other drains and sewers, and such other particulars as may be necessary. and proper for the purpose of presenting a complete and entire plan of such drainage and sewerage; they shall have access, for all their purposes, to all maps, surveys and documents in the public offices of said city; they shall appoint one general superintendent, and as many engineers, surveyors, assistants and clerks as may be necessary to carry out the provisions of this act; the said superintendent shall apportion all assessments hereinafter mentioned, and perform and execute such other duties. under this act as the said commissioners may delegate to him, in the same manner and with the same effect as if performed and executed by the said commissioners; they shall pay the said superintendent a salary of two thousand dollars a year; they may pay to said engineers, surveyors, assistants and clerks, such compensation as they may think proper, and incur such other incidental expenses as may be necessary in performance of their duties under this act. be kept. § 2. The said commissioners shall keep a record of Record to their acts and proceedings, which record shall be filed on the completion of their term in the office of the street commissioner of the city of Brooklyn; for all purposes of this act, the said commissioners shall have jurisdiction and control over all streets and avenues in said city. 3. The expenses mentioned in the preceding sections Expenses. of this act shall be disbursed by the said commissioners, who may borrow the amount thereof, if necessary, in such sums as may be requisite in anticipation of the same being raised by tax. They shall deliver, annually, to the mayor of said city, a statement of the amount necessary to be raised to pay such expenses, and interest on any moneys borrowed as aforesaid, who shall thereupon transmit the same to the supervisors of the county of * So in the original. Public ne tice to be given. Drains, &e. Kings, who shall cause such amount to be levied upon the taxable property of said city in the next general tax; and the amount so levied shall be collected with such general tax, and paid by the city treasurer to the said commissioners, upon the warrant of the mayor and comptroller of said city, countersigned by the city clerk, who are hereby directed to pay the same out of any moneys collected in such general tax. 4. Whenever the said commissioners have prepared the said plan of drainage and sewerage, in whole or in part, of the said city of Brooklyn, they shall cause public notice to be given in all the newspapers published in the city of Brooklyn, that such plan has been filed in their office for inspection, and that they will meet at a time and place in said city, to be specified in said notice, not less than twenty days after the first publication of such notice, when they will receive the views and suggestions and objections of any parties interested in the drainage and sewerage of said city; the said commissioners shall hear such parties at the time and place so specified, or at any adjourned meeting then and there proclaimed, and shall thereupon amend and correct the same as they may deem proper, and file a copy thereof, as amended and corrected and duly certified by them, in the office of the street commissioner of said city, and a similar copy in the office of the register of the county of Kings, whereupon the plan or any part thereof, therein set forth, shall be the permanent plan of sewerage of the city of Brooklyn. 5. The said commissioners shall, upon the filing of the said amended and corrected plan, proceed to construct such of the drains and sewers therein adopted, as the public health, convenience or interest shall demand, or so much thereof as may be necessary; they shall cause specifications of the work in the most approved form and character to be made, and shall let the same out to be done by contract, to such persons as shall best in their judgment subserve the interests of the public and the parties assessed; they shall employ proper persons to inspect the work, and may employ counsel to aid them in the performance of their duties. Drains and sewers, for. be assess § 6. The expenses attending the construction of drains and sewers shall be borne as follows, that is to say the how paid amount of so much of the expenses of constructing any main drain or sewer as shall, in the judgment of the said commissioners, exceed the cost of a proper lateral drain or sewer for the street in which such main drain or sewer shall be laid, shall be assessed upon the owners of lands other than those fronting on such streets or avenues as shall be drained by or discharge their waters through any lateral sewer in such main drain or sewer, in proportion to the benefit derived by such owners respectively, by such main drain or sewer, not exceeding any actual benefit derived therefrom by them respectively; the balance of such expenses for the construction of any main drain or sewer, and the expenses of constructing any lateral drain or sewer, shall be assessed by the said commissioners upon the owners of lots fronting on the streets and avenues through which such sewer shall be laid, in proportion to the benefit derived by them respectively; not *exceding the actual benefit derived therefrom by them respectively. § 7. The said commissioners shall cause assessments for Expense to the expenses as aforesaid, of each sewer constructed by ed and pubthem, to be made out in proper form, with diagrams showing the property assessed, and the names of the owners thereof, and when such assessment is made, publish a notice in the corporation newspapers that the same has been completed, and of a place in said city where the same may be examined, and of a time not less than ten days thereafter, when, and a place in said city where they will meet to hear objections thereto; they shall then and there hear parties objecting, and shall thereupon proceed to amend and correct such assessment as they may deem proper; they shall then certify the same to be complete, and send the same so certified to the common council of said city, together with a copy of the contract made by them, for the work, and a certificate of the expenses included in such assessments and to whom the same may be payable; and thereupon such assessments shall have the same force and effect as and shall be deemed to be local assessments within the operation of the charter and laws relating to said city, and the ordinances thereof, and the assessment therein made shall become a lien upon So in the original. lished. |