thereon a refectory or hall and other buildings connected therewith, for such length of time and upon such terms and conditions as they shall think proper. Any and all sums of money which may be received by received, the said the park commissioners, pursuant to this section, shall be posed of devoted to the improvement of the said park or parks, approaches thereto or streets connecting the same. Moneys how dis Bridge, railroad company to build. § 2. This act shall take effect immediately. Chap. 648. AN ACT to provide for the building of a bridge over the Boston and Albany railroad in the town of East Greenbush, Rensselaer county. Passed June 26, 1874. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Boston and Albany Railroad Company is hereby required to construct, within one year from the passage of this act, and required maintain a bridge on the line of its roadway at the point of intersection of the Rensselaer and Columbia turnpike road with the Boston and Albany railroad, in the town of East Greenbush, county of Rensselaer. Said bridge shall be constructed at least twenty-six feet wide, and provided with planking nine feet high, for ten rods at each side of said bridge, and each side of said turnpike road; said road shall be so constructed as to carry the said turnpike road by easy grades and with necessary approaches over said Boston and Albany railroad. 2. This act shall take effect immediately. Sidewalks or alley, Chap. 649. AN ACT to amend the several acts in relation to the city of Rochester. Passed June 26, 1874; 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 twelve of an act to amend an act entitled "An act to amend and consolidate the several acts relating to the charter of the city of Rochester," passed the eighth of April, eigh-. teen hundred and sixty-one, and the several acts amendatory thereof, is hereby amended so as to read as follows: 212. Except as the commissioners of public works may otherwise and street determine or direct, it shall in all cases be the duty of the owner or owner of owners of every lot or piece of land in said city, to keep the sidewalks lot to keep adjoining his or her or their lot or piece of land, and also the street or in repair, alley adjoining the same in good repair, and also (if the premises are adjoining &c. Notice. not actually occupied) to remove and clear away all snow and ice, or other obstructions from said sidewalk. The commissioners of public works may, by resolution, as often as they deem proper and necessary; give public notice by advertisement in the official newspapers published and printed in said city, for fifteen days, requiring all owners of such lot.* public 2. The salary of the commissioners of public works of the city of CommisRochester shall be five dollars per day for each commissioner for each sioners of day upon which he shall be actually engaged in the performance of his works, duties as such commissioner, to be paid by the city treasurer upon the salary of. certificate of the said commissioners duly certified, to be paid on the first day of each month, which amount shall not exceed one thousand dollars per year. sioners of §3. The board of water commissioners of the city of Rochester is Bonds, hereby authorized to issue bonds for the construction of water-works commisfor said city to an amount not exeeding three millions of dollars, the water. provisions of section four, of act chapter three hundred and eighty-seven, may issue. laws of eighteen hundred and seventy-two, to the contrary thereof notwithstanding. works 4. All acts or parts of acts inconsistent with the provisions of this Repeal. act are hereby repealed. 5. This act shall take effect immediately. Chap. 650. AN ACT to amend an act entitled "An act exempting from taxation real estate owned by the House of Rest for Consumptives," passed June twenty-eighth, eighteen hundred and seventy-three. Passed June 30, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All real estate now owned by the House of Rest for Consumptives, and in actual use for such purpose, a corporation existing under the laws of the state of New York, is hereby exempted from all taxation provided that said real estate so exempted shall not exceed in value the sum of one hundred thousand dollars. 2. This act shall take effect immediately. Chap. 651. AN ACT to confirm the apportionment of the indebtedness incurred in the late town of Yonkers, under chapter five hundred and thirty-four of the laws of eighteen hundred and seventy-one, by the board of commissioners of the department of public parks of the city of New York, and to provide for the payment thereof. Passed July 3, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The apportionment made by James C. Courter, mayor of Apporthe city of Yonkers, and John Bussing, supervisor of the town of West tionment. * So in the original. Part of section probably omitted in engrossed act. con firmed. Farms, at White Plains, in the county of Westchester, on the twentieth day of November, in the year eighteen hundred and seventy-three, under the provisions of chapter six hundred and seventy-seven of the laws of the year eighteen hundred and seventy-three, of the indebtedness incurred in the town of Yonkers by the board of commissioners of the department of public parks of the city of New York, under chapter five hundred and thirty-four of the laws of the year eighteen hundred and seventy-one, in which apportionment the entire amount of said indebtedness was fixed at sixteen thousand three hundred and ninetysix dollars and forty-eight cents ($16,396.48), and of which amount eleven thousand eight hundred and ninety dollars and sixty-two cents ($11,890.62) was apportioned to the town of Kingsbridge, and four thousand five hundred and five dollars and eighty-three cents ($4,505.83) was apportioned to the city of Yonkers, is hereby confirmed; and Payment the comptroller of the city of New York is hereby authorized and directed to pay said amount of eleven thousand eight hundred and of public ninety dollars and sixty-two cents ($11,890.62), with interest from the parks, twentieth day of November, in the year eighteen hundred and seventycomptrol three, to said board of commissioners of the department of public make. parks, on or before the first day of May, in the year eighteen hundred Interest, and seventy-four*; and said department shall allow and pay such alloof to interest to the several creditors of the department on their bills as creditors. heretofore audited; and the board of supervisors of the county of New York are authorized and required to order, and cause to be levied and raised by tax upon the estates by law subject to taxation within said county, and to be collected according to law, a sum sufficient to pay said amount of eleven thousand eight hundred and ninety dollars and sixtytwo cents ($11,890.62), with the interest which may have become due Appropri. thereon; and the board of estimate and apportionment are required to make such appropriation as may be necessary to carry out the provisions of this act. to com missioners city ler to ance Tax, board of supervi sors to levy. ation. Certifi cates of 2. The certificates of indebtedness issued by the city of Yonkers, in indebted pursuance of said apportionment at White Plains, are hereby confirmed ness con- and declared valid. firmed. 3. This act shall take effect immediately. Chap. 652. AN ACT to provide for the improvement of the hydraulic power of the Chateaugay river. Passed July 3, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. For the purpose of improving the hydraulic power of the Board of Chateaugay river, within the State of New York, and checking freshets commis therein, a board of commissioners is hereby constituted, to be termed commissioners for improvement on the Chateaugay river. sioners consti tuted. Quorum. §2. The said board shall consist of three commissioners, of whom a majority shall constitute a quorum for the transaction of business. The first commissioners shall be William P. Mooers, of Plattsburgh, Clinton county; Erastus S. Mead, and Harry P. Orcutt, of Belmont, Franklin county, New York; and in cases of death, resignation, refusal to serve, Vacancy, removal from the county, or other disqualification, the county judge of how filled. So in original. the county of Franklin shall appoint a successor. The county judge shall also have the power of removal for cause to be specified in the order of removal. bond of 3. Each commissioner, before entering upon the duties of his office, Official shall file in the office of the clerk of the county of Franklin the official oath and oath required by law, and a bond to the People of the State of New commisYork, in the penal sum of five thousand dollars, with surety, approved by the county judge or county clerk, conditioned for the faithful performance of the duties of said office. sioners. gay lake and map of lake. § 4. The commissioners under this act are authorized and empowered Reservoir, to constitute, establish and improve Chateaugay lake or lakes as a improve reservoir, for the purposes specified in the first section of this act, and Chateanshall excavate a channel out of said lake, or erect a dam at or near the as. outlet of the lower Chateaugay lake, or make both said channel and dam, as they may deem advisable, with gates whereby the waters of said lake may be retained or discharged, as the purposes of this act may require. If they decide to erect a dam, they shall cause a survey Survey and map to be made of the said lake, and of the lands around the same, which will be overflowed, or be liable to be overflowed, by a dam of such height as they shall deem it necessary to erect, and also for a highway to their works, which map shall indicate, as near as may be, the different lots or tracks of land affected, the owners thereof, so far as they can ascertain the same, and the quantity of land required from each; or said commissioners may make such equitable and proper lease Lease of or other arrangement as may be just with the owner of any dam, at or near the outlet of said lower lake, for the purposes of this act, and a road thereto; and they shall file such survey and map in the office of the clerk of the counties of Clinton and Franklin. dam. scription tice of § 5. The said commissioners shall make a schedule and description of Schedule the several lots and parcels of land in the said counties of Clinton and and deFranklin, which are located upon the Chateaugay river, between Cha- of land. teaugay lake and the line of the Ogdensburgh and Lake Champlain railroad, and on which there is a hydraulic power dependent upon the waters of said river, specifying the ratio in which, in their judgment, such respective lots and parcels of land will be benefited by the works contemplated by this act, and also specifying the names of the owners or occupants, so far as they may be known. A copy of such schedule shall be deposited for public inspection in the office or place of residence of each of the commissioners. They shall appoint a time and objec place for hearing any objections thereto, and shall give notice thereof tions, noby publication for three weeks, in some newspaper in Plattsburgh and hearing. Chateaugay. Such notice shall specify where the schedules have been deposited, and at what time and place the commissioners will meet to review the same. At such time and place, or at such other times and Review of places as may be in the same manner appointed, or to which they may adjourn, they shall review the said schedule, and amend and perfect the same; and when perfected, they shall certify the fact, and file the Schedule certified schedule in the office of the county clerk of said counties of Franklin and Clinton. Any party or parties conceiving himself or Appeal. themselves aggrieved by the finding, judgment or assessment of said commissioners, as set forth in said schedule, may appeal therefrom to the county judge of Franklin county, by serving on said commissioners, or by leaving at their dwelling-houses with a person of suitable age and discretion, within twenty days after the filing of said schedule, as above provided, a notice of appeal to said county judge. And it shall be the duty of said county judge, upon the application of said appel schedule. to be filed. Duty of County judge on appeal. Hearing, lant, or of said commissioners, to fix the time and place of hearing the of appeal, said appeal, of which at least eight days' notice shall be given to the other party or parties. On the hearing of said appeal, it shall be the duty of said county judge to thoroughly review and examine the findhearing ings or assessments so appealed from, and the principles whereon the same is founded, and to affirm, amend or revise the same in whole or in part. And he is hereby empowered to examine witnesses, on oath, amine in reference to the same, and to enforce their attendance by subpoena. Decision. The said county judge shall make his decision in writing, and file the same in the county clerk's office of Franklin county, which decision shall be final and conclusive; and the said award or finding of said county judge shall, for all the purposes of this act, stand in the place of the said certified schedule of said commissioners. May exwitnesses. Lands un &c., pur Title, 6. The commissioners shall purchase from the owners the land der water, under water in said lakes, and the lands surrounding the same, described chase of in the map provided for in the fourth section of this act, if they agree with the owners on the terms of the said purchase, and may take a conveyance thereof to themselves and their successors forever. If they do how not ascertain who are the owners of such lands, or any of them, or do acquired. not agree on the terms of purchase, they may acquire such title in the manner prescribed in chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same." Statement and estimate of Appor. tionment of upon real estate. 7. Upon or prior to the making of the report required by the said act chapter one hundred and forty, the commissioners shall make a expenses. statement in detail of the expense already incurred, and an estimate of the expense thereafter to be incurred for the completion of said improvement, which, with the amount of appraisals and the interest thereon, and their fees, and the fees of the commissioners of appraisals, shall be apportioned by the commissioners upon the real estate described in the schedule provided for in the fifth section of this act, and in the ratio there provided. A copy of the said schedule and the statement with the said apportionment shall be kept in the office or place of resiNotice of dence of each commissioner, and they shall publish notice of the fact once a week for three weeks in a newspaper published in Chateaugay sessments and Plattsburgh, naming the places in the towns of Chateaugay, Bellpaid, and mont and Plattsburgh, in said county, at which owners of lots, with of last day hydraulic power on the Chateaugay river, can pay their assessments for places at which as may be for. Filing schedule with cer improvements, and the last day for paying the same, which shall be not less than ninety days after the first publication of such notices. They shall receive all the payments offered on or before that day, and immediately thereafter shall file in the county clerk's office the said schedule tificate of and apportionment, with their certificate of the amounts unpaid, which shall thereupon become a lien on the real estate on which the same is assessed, with interest at seven per cent. per annum from the date of the assessment. amount paid. Publica stract of 8. Upon filing the said schedule, apportionment and certificate, the tion of ab- commissioners shall cause a brief abstract of so much thereof as relates unpaid as to the unpaid assessments to be published once a week for three months sessments, in a newspaper published in Franklin and Clinton counties, with a with no tice of sale. Sale. notice specifying the time and place at which the several parcels of real estate in said notice mentioned, or so much thereof as may be sufficient to pay the assessment, interest and expense of the sale, will be sold at public auction. At the time and place mentioned in such notice, the commissioners shall sell to the highest bidder the whole, or if they deem it practicable to divide the same, so much of each parcel of real |