useful to the people of the state as a part of an international park upon the Saint Lawrence river comprising the whole of said river. § 4. This act shall take effect immediately, Amend ment. Testimony, how taken Chap. 818. AN ACT to amend section two hundred and four of the code of criminal procedure. Accepted by the city. BECAME a law May 21, 1896, 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 two hundred and four of the code of criminal procedure is hereby amended by adding thereto a new subdivision to be known as subdivision six, so that the whole section shall read as follows: § 204. The testimony given by each witness must be reduced and authen to writing, as a deposition, by the magistrate or under his direction, and authenticated in the following manner: ticated. 1. The authentication must state the name and age of the witness, his place of residence and his business or profession; 2. It must, unless deposition by question and answer be waived by the defendant and the witness, contain the questions put to the witness, and his answers thereto; each answer being distinctly read to him as it is taken down and being corrected or added to, until it is made conformable to what he declares to be the truth; 3. If a question put be objected to on either side, and overruled, or the witness decline answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated; 4. The deposition must be signed by the witness, or if he refuse to sign it, his reason for refusing must be stated in writing as he gives it; 5. It must be signed and certified by the magistrate. 6. The foregoing provisions shall apply to preliminary examinations in the city and county of New York only when either the defendant or the district attorney, of the representative of the district attorney shall so elect. § 2. This act shall take effect immediately. Chap. 819. AN ACT to amend chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act to amend title sixteen, chapter eight, part three of the revised statutes, relative to proceedings for the draining of swamps, marshes and other low or wet lands and for draining farm lands, relative to assessments therefor." BECAME a law May 21, 1896, 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 twenty-nine of chapter eight hundred and Act eighty-eight of the laws of eighteen hundred and sixty-nine, as amended by chapter three hundred and twenty-one of the laws of eighteen hundred and eighty-two, is hereby amended to read as follows: statement of cost of § 29. When the total cost and expense of such repairs or en- Detailed largement is ascertained the water commissioner or water com- of expense. missioners shall make and file in said county clerk's office a detailed statement, giving each item of expense and the date thereof, including the day of the month on which each water com. missioner was employed, and the nature of his employment, which statement shall be verified to the effect that it is just and true, and forthwith thereafter the water commissioner or water Assessment commissioners shall levy and assess the total cost and expenses repairs, etc. of such repairs or enlargement upon the lands originally assessed for the construction of such ditch or channel, and upon the same basis or ratio, and shall make a roll or statement thereof contain ing a description of each tract or parcel of land assessed, so far as may be required to identify the same, the number of acres assessed in each tract, the name of the owner or owners thereof and their post-office address, or, where the person is not known, or his post-office address can not be ascertained, then the name and post-office address of the occupant thereof and also the amount assessment. assessed on each tract or lot. When any assessment shall exceed twenty-five dollars the water commissioner or water commissioners, in his or their discretion, may make it payable in two installments by indicating the same upon such roll, the last installment to be due one year after the first. The roll or assessment shall be verified by the oath of the water commisssioner or water commissioners by whom the same is made to the effect that the same is in all respects just and true, and shall be filed in the office of the clerk of the county or counties in which said ditch or channel Notice of or any part thereof is located. The said water commissioner or water commissioners shall give notice of such assessment and of the filing thereof to each person whose lands are assessed by them to pay any part of said sum, and also to the president of any village or to the chairman of the board of supervisors in the county that may be assessed by them. Such notice shall be given in the manner prescribed for giving notice of assessment provided Appeals in section two of this act. Appeals from any such assessment may be made by any person deeming himself aggrieved thereby, or by any such officer deeming his village or town or county aggrieved, in the same manner as is provided for appeals under similar assessments in section ten of this act, and the provision of said section ten in regard to appeals from assessments and the procedure thereof shall govern and control the parties and proceedings in all appeals that may be taken from assessments made Lien of as under this section. The assessment made thereby, or such modification thereof as shall be made upon any appeal taken therefrom shall become a lien upon the seveal lots or tracts of land on which the same shall be assessed as of the date of such filing, and shall be forthwith collected by the collector of the town or towns Exemption in which the same shall be situated. Provided that in cases where lands. any such ditch or channel has been kept open and cleaned to its full width and depth as originally laid out, by the owners of the land through or across which it was constructed, at their expense, such lands shall be exempt from such proportion of the tax or assessment for any repairs or enlargement of such ditch or channel as shall be equal to the cost or expense of so having kept the same open and cleaned, to be fixed and determined by said water commissioner or water commissioners and the tax or assessment on any such lands shall be lessened accordingly. sessment. of certain § 2. Section thirty-three of chapter eight hundred and eighty or collections 1.ot aff hereby. eight of the laws of eighteen hundred and sixty-nine, as amended by chapter three hundred and twenty-one of the laws of eighteen. hundred and ninety-two, is hereby amended to read as follows: § 33. In case any repairs, alterations or enlargements has been Assessment made, or proceedings have been taken for the making of any such at et d repairs, alterations or enlargement of any ditch or ditches or other channels for the free passage of water under this act, or for the making or collecting of any assessment to defray the expense thereof prior to the passage of this amendment such assessment or collection thereof shall not be affected hereby; But the water commisssioner or water commissioners having Notice of jurisdiction of such proceedings shall cause notice of such assessment, written or printed, to be given to the person whose land is assessed by them to pay any part of said sum, and also to the supervisor of the town or the president of any village or chairman of the board of supervisor of any county that may be assessed by them, of such assessment, which notice shall state the time and place of filing of the detailed statement of such assessment, which notice shall be served in the manner prescribed for giving notices of assessment provided for in section ten of this act. Any person feeling aggrieved by such assessment may appeal Appeals assessment. to court. sessments improve. therefrom in the manner and to the court and within the time prescribed in section ten of this act; and all provisions of said section ten in regard to appeals from an assessment shall govern and control the proceedings upon such appeals. And if any pro- Levy of as ceedings have been heretofore taken under the provisions of this for prior act for the repairing, altering or enlarging any such ditches or ments. drains, and no assessment has been made or levied to defray the expenses thereof the water commissioner or water commissioners of their respective towns, or their successors in office shall proceed to make and levy such assessment and give notice thereof in the manner and form provided for levying assessments and giving notice thereof provided in section ten of this act. If any water commissioner or water commissioners shall New assess have heretofore levied an assessment for the repairs, alterations assessor enlargement of any such ditches or drains and such assess.clared void. ment shall for any reason be, or be adjudged void by a court of competent jurisdiction the water commissioner or water commissioners having jurisdiction or authority over such ditches or drains shall have power to make a new assessment for the pur ment when ments de. Appeal therefrom pose of paying the expenses of said proceedings, which assessments shall be made and notice given thereof as provided in section ten of this act, and any person feeling aggrieved by any such assessment made as provided for in this act may appeal therefrom in the way and manner provided for appeals from assessments in section ten of this act; and the provisions of said section ten shall apply and control the parties and proceedings on all Credit for such appeals. And if any new assessment or assessments shall etc. amount paid. Appoint ment of be made in any case as provided in this section the sums that have been paid by any person in respect of any land assessable under this act for or toward paying such void assessments upon such lands shall be credited upon the amounts chargeable upon said lands in any new assessment. § 3. This act shall take effect immediately. Chap. 820. AN ACT authorizing boards of supervisors to appoint commissioners for the equalization of taxes. BECAME a law May 21, 1896, 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. The board of supervisors of any county of the state commis- may by the concuring vote of a majority of all the supervisors equaliza- elected to such board, resolve to appoint three persons to be com sioners of tion. missioners of equalization of such county. They shall thereupon appoint such commissioners, two of whom shall be residents of such county and not members of the board of supervisors, and the third commissioner shall not be a resident of or a taxpayer in such county, but shall reside in the judicial district in which such county is situated. If there be one or more cities in such county one of such commissioners shall be a resident of such city or cities and one shall be a resident of the towns in such county outside of such city or cities. The commissioner appointed from such city or cities shall be named by the supervisors representing such city or cities, and the commissioner appointed from the towns. outside of such city or cities shall be named by the supervisors representing such towns. Both such commissioners, including |