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of Oyster Bay, Queens county, and state of New York, bounded and described as follows, to wit: Beginning at the junction where the highway leading from the plains to Oyster Bay intersects the highway leading from the said plains to Jericho, Norwich and Oyster Bay, and thence running south-easterly along the westerly side of the highway leading from the plains to Oyster Bay, two hundred and seventy-five feet, to land of E. H. De Languillette; thence south-westerly and westerly by the said De Languillette's land, one hundred and thirtyfour feet, to the highway leading to Jericho, Norwich and Oyster Bay, and thence northerly by the easterly side of the last-named highway, two hundred and seventy-five feet, to the point or place of beginning, are hereby released to Sarah Bennett, widow of said Thomas F. Ben`nett, of the town of Oyster Bay, Queens county, to her heirs and assigns forever.

vest

§ 2. Nothing herein contained shall be so construed as to impair, Not to im release or discharge any rights, claim or interest of any heir at law, parius. devisee or grantee, purchaser or creditor, by judgment, mortgage or otherwise, in and to said premises, or any part or parcel thereof. § 3. This act shall take effect immediately.

Chap. 24.

AN ACT to authorize the water commissioners of the village of Plattsburgh to borrow money for repairing or relaying the water pipes between the Scribner pond and the distributing reservoirs, and to change the line of said water pipes between these points, and to issue the bonds. of said village to secure the payment of the money so borrowed.

PASSED March 6, 1884; three-fifths being present.

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

sioners

ized to

loan for

works.

bonds.

SECTION 1. The water commissioners of the village of Plattsburgh water are hereby authorized and empowered to raise by loan the sum of commistwenty thousand dollars, or so much thereof as may be necessary to authorpay the indebtedness incurred, or which may be incurred by them for raise the purpose of repairing or relaying the main water pipes or conduits $20,000 by between the Scribner pond (so called) and the distributing reservoirs water near said village, or substituting other pipes or conduits therefor, or laying additional pipes between said points. And said commissioners May issue are authorized and empowered to issue the bonds of said village for the repayment of the money so to be loaned for the purposes aforesaid, bearing interest payable semi-annually on the first day of July and January in each year, and at a rate not to exceed six per centum per annum; and which bonds shall be redeemable in not less than five years nor more than twenty years from and after the passage of this act. The said commissioners shall, at the time of making their first annual Report. report after said bonds are issued, make and deliver to the board of trustees of the village of Plattsburgh a full, complete and detailed report of their doings and expenditures, and of the amount of the bonds issued under this act and when and where the same are payable.

Tax to be levied.

sioners to

cation of

sation to owners,

ascer

tained.

§ 2. It shall be the duty of the board of trustees of the village of Plattsburgh to levy, assess and collect, from time to time, the money necessary to pay the principal and interest of said bonds, as the same become due and payable, in the manner other village taxes are raised and collected, and to pay the same when raised to the said water commissioners, to be applied by them to the payment of said principal and interest, and for no other purpose.

Powers of §3. The said water commissioners, should they deem it for the commis benefit of said water-works so to do, may, and they are hereby authorchange lo- ized to, change the location or line of the new water pipes or conduits pipes, etc. to be laid by them between said Scribner pond and the said distributing reservoirs, or any part of the line between those points, and to agree with the owners of any property which may be required for that purpose as to the amount of compensation to be paid to such owner. Compen In case of disagreement between the commissioners and the owners of any property which may be required for said purpose, or affected by how to be any operations connected therewith, as to the amount of compensation to be paid to such owner; or, in case such owner shall be an infant, or insane, or absent from this state, an application may be made by said commissioners to one of the justices of the supreme court of this state in the fourth judicial district, to nominate and appoint three disinterested persons to examine such property and to estimate the value thereof or the damage sustained thereby, and to report thereon to the Payment said justice without delay. Whenever such report shall have been confirmed, the said commissioners shall, within two months thereafter, pay to such owner, or to such person or persons as the said justice of the supreme court may direct, for the benefit of such owner, the sum mentioned in said report in full compensation for the property so required or for the damages sustained, as the case may be, and thereupon the trustees of said village of Plattsburgh shall become seized in fee of such property so required, and shall be discharged from all claim by reason of any such damage or the taking and use of said property. Notice to Notice of said application to one of the justices of the supreme court be given. for the appointment of three persons to estimate the value or damage

of.

Proofs,

etc., to be heard.

aforesaid, and of the time and place when and where the same will be presented to said justice, must be served upon all persons interested, personally, at least ten days prior to the presentation thereof, or by publishing a notice thereof, stating the object of the application and the property to be affected thereby, in two newspapers printed and published in the village of Plattsburgh for four weeks next previous to the resentation thereof. The said justice, at the time of appointing said three persons to estimate said value or damage, shall fix the time and place for their first meeting.

§ 4. The said three persons so appointed shall hear the proofs and allegations of any of the parties interested and shall return the same to said justice with their report. On such report being made the said water commissioners may move at a special term to be held by said justice on eight days' notice to the parties interested, for the confirmation of Appeal. such report. Within twenty days after such confirmation, either party may appeal by notice in writing to the other to the supreme court from the appraisal and report of the said three persons appointed to appraise Hearing said damages. Such appeal shall be heard by the supreme court at any general or special term thereof on such notice thereof being given according to the rules and practices of said court. On the hearing of such appeal the court may affirm the same or direct a new appraisal before the same or new commissioners in its discretion. The second

of.

ence, if

any, to be

report shall be final and conclusive upon all the parties interested. If Differthe amount of compensation to be made by the water commissioners is increased by the second report, the difference shall be a lien on the paid." land appraised, and shall be paid by the water commissioners to the parties entitled to the same, or shall be deposited in the bank, as the court shall direct; and if the amount is diminished, the difference shall be refunded to the water commissioners by the party to whom the same may have been paid; and the judgment therefor may be rendered by the court, on the filing of the second report, against the party liable to pay the same. Such appeal shall not affect the possession by such Appeal water commissioners of the land appraised; and when the same is made not to af by others than the water commissioners it shall not be heard, except session. on a stipulation of the party appealing not to disturb such possessiou. § 5. This act shall take effect immediately.

Chap. 25.

AN ACT to authorize the extension of the time for the collection of taxes in the several towns of this state.

PASSED March 6, 1884; three-fifths being present.

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

fect pos

on which

collection

SECTION 1. If any collector or receiver of taxes, in any town of this Condistate, shall pay over all moneys collected by him, and shall make his tions up. return to the treasurer of his county, as now required by law, of all time for unpaid taxes on lands of non-residents, and shall renew his bond as to be exherein provided, the time for the collection of all other taxes, and for tended. making return thereof by him, shall be and is hereby extended to the first day of June, one thousand eight hundred and eighty-four; such bond shall be renewed with such sureties as in any town shall be approved by the supervisor thereof, or, in case of his absence or inability to act, by the town clerk thereof. The penalty thereof, in any Bond, case, shall be double the amount of taxes in that case remaining un- penalty collected. The bond shall be approved in writing, and filed in the same manner as the original bond is required by law to be filed, and to have all the effect of the collector or receivers bond. A copy of the bond and the approval thereof shall, within thirty days after the passage of this act, be delivered to the county treasurer of the county in which said town is, but nothing herein contained shall be construed as extending the time for the payment of the state tax, or any part thereof, by the county treasurer of said county to the comptroller as now provided by law.

of, etc.

of state.

§ 2. It shall be the duty of the secretary of state immediately after Duty of the passage of this act to cause to be printed on slips of paper and secretary deliver to each county treasurer upon the request of the member or members now representing any county of the state such a sufficient number thereof as shall supply one copy to each collector or receiver of taxes in his or their county, who shall have made or shall make within the time specified in section one, an application to the county treasurer of his county for an extension of time for the collection of the taxes of his town.

§3. This act shall take effect immediately.

Title

Chap. 26.

AN ACT to amend chapter two hundred and seventy-five of the laws of eighteen hundred and eighty-two, entitled "An act to amend section seventy-eight of part second, chapter one, title two, article second of the Revised Statutes, being in relation to uses and trusts."

PASSED March 6, 1884.

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

SECTION 1. The title of chapter two hundred seventy-five of the laws amended. of eighteen hundred and eighty-two, entitled "An act to amend section seventy-eight of part second, chapter one, titie two, article second of the Revised Statutes, being in relation to uses and trusts," is hereby amended to read "An act to amend section sixty-five of part second, chapter one, title two, article second of the Revised Statutes, being in relation to uses and trusts."

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contra

§ 2. Section one of the said act is hereby amended so as to read as follows:

§ 1. Section sixty-five of part second, chapter one, title two, article second of the Revised Statutes, relating to uses and trusts, is hereby amended so as to read as follows:

§ 65. Where the trust is or shall be expressed in the instrument vention of creating the estate, every sale, conveyance, or other act of the trustees, trust to be in contravention of the trust, shall be absolutely void; provided, howVoid to ever, that the supreme court shall have power, upon such terms and power of conditions as to the court shall seem just and proper, in any case to

void; pro

supreme

court.

Order to be grant

ed only

after no

tice to beneficia ries.

authorize any such trustee to mortgage any such real estate whenever it shall appear to the satisfaction of said court, or a judge thereof, that it is for the best interest of said estate so to do, and that it is necessary, and for the benefit of the estate, to raise by mortgage thereon funds for the purposes of preserving or improving such estate. No order directing such trustee to mortgage said lands shall be granted, unless it shall appear to the satisfaction of such court or judge that a notice in writing, stating the time and place of making the application therefor, has been served upon the beneficiary or beneficiaries of said trust, at least eight days before making such application, if said beneficiary or beneficiaries are within this state and adult. In case said benefibrought ciary or beneficiaries are infants, lunatics, persons of unsound mind, into court. habitual drunkards or absentees, said court or judge shall not direct the trustees to mortgage said lands until such beneficiary or beneficiaries are brought into court by such notice as said court or judge may prescribe.

Infants, etc., to be

§ 3. This act shall take effect immediately.

Chap. 27.

AN ACT authorizing the trustees of Willard Asylum for the Insane to purchase additional land.

PASSED March 6, 1884; three-fifths being present.

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

author

SECTION 1. The trustees of the Willard Asylum for the Insane are Purchase hereby authorized to purchase the farm of about one hundred and of land thirty-four acres adjoining the asylum land on the south, and known ized. as "the Simson farm," at a price not exceeding seventy-five dollars per acre, and to pay for the same out of any money received from the sale of bones, rags, hides or pelts sold by the steward of said asylum; provided, however, that, before such payment is made, the title to said premises shall be examined by the attorney-general, and be certified by him to be satisfactory, to vest said title in the people of this state; and upon the receipt of the deed from the grantors of said premises, and the said certificate of the attorney-general, said trustees may make payment as aforesaid.

§ 2. This act shall take effect immediately.

Chap. 28.

AN ACT to amend an act entitled "An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls, in the county of Seneca," passed April 20, 1874. PASSED March 6, 1884; three-fifths being present.

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

SECTION 1. Section ten of title two of the act entitled "An act to amend, revise and consolidate the laws in relation to the village of Seneca Falls, in the county of Seneca," passed April 20, 1874, is hereby amended so as to read as follows:

§ 10. All vacancies in any village office, except elective offices, may vacan be filled by appointment, as herein provided, by the board of trustees, cies. If any vacancy occur in any elective office other than president or trustees, the board of trustees may, by appointment, fill the same until the next annual village election, and if the time of office of such vacancy shall not then end, there shall be elected at such election some person to fill the balance of such vacancy, to be so designated on the ballot. If Special any vacancy shall occur in the office of president or trustee, the board of elections. trustees may so declare, and, in its discretion, order a special election to fill the same for the remainder of the time. When any officer proper to be chosen at a general election of officers of said village, has not or shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office, the board of trustees must order a special election for the choice of such officer. § 2. This act shall take effect immediately.

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