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Board of commissioners.

Their powers.

Survey of Newtown creek.

Exterior lines.

Map of creek, showing lines.

Field notes.

Report to
Legisla-

ture.

Supreme

court to

Chap 523.

AN ACT providing for the improvement of Newtown creek, and for the appointment of a commissioner to report exterior lines for piers, wharves and bulkheads therein.

Passed May 3, 1869; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. A board of commissioners, to be appointed as herein after provided, to consist of three citizens of the United States, and of citizens who shall at any time hereafter be appointed in their place, or in the place of any of them, is hereby created, who shall have the power and whose duty it shall be:

1. To cause the necessary surveys and examinations of Newton creek, and both branches thereof, in the counties of Kings and Queens, so far as the same is navigable, and the adjacent lands, to be made by skillful persons in order to ascertain the present condition of said creek, excepting that part of said creek laid down and shown on certain maps on file in the office of the Secretary of State, entitled "Atlas of New York harbor, made under the direction of the harbor commissioners."

2. To recomend, submit and present to the Legislature the establishment of such exterior lines in said creek, beyond which no erection or permanent obstruction of any kind should be permitted to be made.

3. To have prepared and submit with their report maps of the said creek, exhibiting the exterior lines recommended by them, and the lines of the existing piers, wharves and bulkheads, and also the original shore line, accompanied with such field notes and measurements as they shall deem necessary to a full exposition and understanding of the subject.

4. To report to the Legislature as soon as practicable, and at least by the second Tuesday of January next.

§ 2. The said commissioners shall be appointed by appoint the the Supreme Court in the second district, at a general or special term thereof, on the application of at least ten freeholders, residents of the counties of Kings and Queens,

commis

sioners.

and any vacancies in the board of commissioners caused by death, resignation or otherwise shall be filled by said

court.

office.

§3. The said commissioners shall take and file in the Oaths of office of the Secretary of State the oath of office prescribed in the Constitution before entering on their duties of their appointment.

ment of

etc.

4. The said commissioners may employ surveyors, Employ agents, workmen and others necessary to the discharge surveyors, of their duties, and they and their agents and servants may enter upon any land for the purpose of surveying or Entry of obtaining any information on the subject of their appoint

ment.

lands.

tion of commis

Kings and

counties to

pay same,

and other

expenses.

sessed in

§ 5. Each commissioner shall receive five dollars for Compensaevery day actually employed by him in the duties of his said appointment. The said allowances, together with sioners. the bills for the services of the surveyors, agents and others employed by the commissioners, and all other Supervi expenses incurred by them, the correctness of which sors of shall be certified by the board, and which shall not ex- Queens ceed in the aggregate the sum of ten thousand dollars, shall be reported to the board of supervisors of the counties of Kings and Queens, and the said board of How as Kings county shall cause to be assessed upon and raised Kings in its county in the year one thousand eight hundred and county. sixty-nine, one equal half part of the amount so reported. And the said board of supervisors of Queens county shall Assesscause to be assessed and raised upon the town of New- town of town, in said Queens county, in the year one thousand Newtown. eight hundred and sixty-nine, the other one equal half part of the amount so reported, which respective sums so to be raised in Kings county, and in the town of Newtown in Queens county, shall be raised and collected, at the same time and in the same manner, that the general taxes (State, county, town and city,) are raised and collected. And the said sums so to be raised shall be Disbursepaid to said commissioners and be applied by them to ment payment of the allowances, costs and expenses set forth in their said report to said board of supervisors. § 6. This act shall take effect immediately.

the

ment on

thereof.

4

Sale of
Montcalm
park.

Convey

ance

how exe

Chap. 524.

AN ACT to authorize the sale of block number three, known as Montcalm Park, in the city of Oswego.

Passed May 3, 1869; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Oswego are hereby authorized and empowered to sell block number three, in the first ward of said city, known as Montcalm Park, bounded on the east by Sixth street, on the south by Schuyler street, on the west by Montcalm street, and on the north by Van Buren street.

§ 2. On such sale being perfected, the mayor of the therefor; city of Oswego is hereby authorized to execute a proper conveyance, conveying in fee simple, of said block to the purchaser thereof under his hand, the official seal of said city to be attested by the city clerk.

cuted.

Taxpayers may vote

tax for im

prove

ments and

contingen-
cies.

§ 3. This act shall take effect immediately.

Chap. 525.

AN ACT to amend "An act to incorporate the village of Cambridge," passed April sixteenth, eighteen hundred and sixty-six, and the several acts amendatory thereof.

Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-nine of "An act to incorporate the village of Cambridge," passed April sixteenth, eighteen hundred and sixty-six, is hereby amended so as to read as follows:

§ 29. The tax payers whose names appear on the last assessment roll of the village after the first assessment shall hereafter be made, and for the purpose of the first assessment to be made in pursuance of this act, the tax payers whose names appear on the last assessment rolls

appor

ment roll

;

of the several towns in which said village is located, and who are at the time residents of the said village, at the annual meeting for the election of village officers, or at any special meeting duly called, specifying the object of said meeting, may, by the vote of a majority of the tax payers voting at such election, authorize the trustees to raise a sum by tax, not exceeding fifteen thousand dollars for two years after the passage of this act, over and above the highway tax, for making any improvements and for contingent expenses in said village, which threefifths of the said trustees shall deem proper and necessary; and the said trustees shall apportion the sum to Tax; how be raised upon the taxable property of said village as tioned. the same shall appear from the assessment roll made by the assessors of said village in each and every year. The assessors shall make their assessment roll for said Assess. village in each and every year as the same shall appear how made from the last assessment rolls of the towns of Cam- up. bridge, White Creek and Jackson; provided that said assessors, when property shall be found upon said roll or rolls, situate partly without said village and partly within, shall deduct from said assessment the just proportion for that part of the assessed property lying without the bounds of said village, as in their judgment shall be just and proper. And in case any building Village situate in said village shall be destroyed by fire or other-sors, wise, or in case any building shall be erected or repair- rect roll in ed in said village, or any real estate shall change owners cases. after the completion of the assessment roll or rolls of said towns, and before completing the assessment roll of said village in each and every year, or in case any real estate or other property shall be omitted from the roll or rolls of said town assessors, then, and in either case, the said village assessors may deduct therefrom or add to their assessment rolls the proper names and valuation as in their judgment shall be just and equitable. They shall perform said duties and complete said rolls Review of between the first Tuesday and the twentieth day of May in each and every year, and shall give six day's notice of the completion of said rolls from said twentieth day of May to review said assessment on the application of any person or persons claiming a reduction of their

may

certain

assess

ment.

Delivery thereof to trustees.

Exemptions allowed to firemen.

Width of track for vehicles.

Penalty for
Violation.

How recovered.

assessment; and shall deliver their rolls completed to the trustees of said village on or before the first day of June in each and every year. In case any vacancy or vacancies occur in the office of assessors in said village the trustees shall have power to fill the same.

§ 2. Section thirty-five is hereby amended so as to read as follows:

§ 35. Every fireman in said village, while serving as such, shall be, for the time being, exempt one day on the road each year, and from jury duty and military service. The evidence to entitle the fireman to the exemption provided in this section shall be a certificate under the corporate seal of said village, signed by the president and clerk of said village, dated within three months of the time of claiming such exemption. § 3. This act shall take effect immediately.

Chap. 526.

AN ACT to establish a uniform width of tracks for vehicles using the public highways in the towns of East Hampton and Southampton, Suffolk county.

Passed May 3, 1869; three-fifths being present. The People of the Stale of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. On and after the first day of November, eighteen hundred and seventy, it shall not be lawful for any person residing in the town of East Hampton or Southampton, Suffolk county, to use on the public highways of either of said towns any wagon, cart, carriage or vehicle of any description of a greater width of track than five feet.

§2. Whoever shall violate the provisions of this act, except in transient travelers from other localities, for every such offense shall forfeit and pay the sum of five dollars as a penalty therefor.

§ 3. Suits for the recovery of the penalties imposed by this act may be brought by any person before any justice of the peace in either of said towns. The

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