Page images
PDF
EPUB

sation.

village, as commissioners to review the award of the jury and to determine and award damages to the person or persons appealing. Immediate notice shall be given by the appellant to the persons designated as commissioners, and if any one declines to serve or is disqualified, the judge shall appoint some disinterested elector of the county, not residing in the village, to fill the vacancy. Said commissioners shall meet at the village within ten days after their appointment; they shall give the president of the village at least five days' notice of the time and place of their meeting; they shall be sworn to faithfully discharge their duties; they shall have power to compel attendance of witnesses by subpæna, and to administer oaths to them; they shall examine the premises and hear the proofs and allegations of the parties, and shall award such damages to the parties owning the land as they shall deem just. The award of the commissioners shall be signed by them and returned to the president of the village within fifteen days after the first meeting of the commissioners and shall be filed with the clerk. Said award shall be final and conclusive on all persons interested, and the board of trustees may thereupon take posses

sion of the land and make the said alteration or improvement. On Compen- declaring the award the commissioners shall each be paid by the treas

urer of the village three dollars per day for their services, and the amount so paid shall be collected by suit, if not otherwise paid, with other proper expenditures made by and for the village in and about such appeal, on the bond referred to in this section, given by the person or persons appealing, in case the person or persons appealing are liable to pay the costs of the appeal under the provisions of this act. In all cases of appeal under this section the judge shall, by order, appoint guardians for any infants, lunatics or idiots interested in the proceedings.

$ 72. Whenever a final award for damages sustained by reason of

making such alteration or improvement is made, the assessors shall, pay Anal

within twenty days thereafter, assess the amount of such damage upon the estates, real and personal, in said village, and make out an assessment-roll of such damages, which assessment-roll shall be signed by the assessors and filed with the clerk, and such assessment shall be collected in the same manner as the annual tax is collected ; and the trustees shall, within one year from the time of such final award, pay

or tender the amount of such damage to the persons to whom the same Deposit in shall have been awarded. In case such owner shall refuse the same

or be unknown, or a non-resident of said village, or shall be a lunatic or idiot, or the rights and interests of the persons claiming the same shall be doubtful, it shall, in all such cases, be lawful for the board of trustees to

pay the amount of such damages to the treasurer of Livingston county, for the benefit of such person or persons as may be entitled to the same, accompanied by a statement of the facts under which such payment is made. The board of trustees shall cause the clerk of said village to make an entry in the village records of the money deposited, stating amount, with the names of the parties by the award's declared to be entitled to the same. On the proper person or persons being ascertained who are entitled to receive such money, the president of the village is authorized to draw an order on said county treasurer, countersigned by the clerk, and payable to the order of the person or persons entitled to such money, for the amount due such person or

persons. Trustoes § 73. No trustee who is interested in any lands taken for any such interested. alteration or improvement shall act with the trustees when sitting as

Assess ment to

award.

Case of refusal to accept, etc.

not to be

a board to determine the damages, or to summon a jury to award damages, for taking such land.

$ 74. This act shall take effect immediately.

CHAP. 200.

AN ACT to release the interest of the people of the state of

New York in certain real estate in the town of Allegany, county of Cattaraugus, to Mary White, widow of John White.

PASSED May 23, 1882 ; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the right, title and interest which the people of the Interest of state of New York have acquired, by reason of the failure of title by the state reason of the defect of heirs, in and to that certain piece or parcel of land situate in the town of Allegany, county of Cattaraugus, and stato of New York, being the middlo part of lot one, in section fifteen, in township one, and range five, according to the Holland Land Company's survey, containing seventy-one acres, more or less, is hereby re"leased to Mary White, widow of John White, her heirs and assigns forever.

8 2. Nothing in this act contained shall be so construed as to affect Not to the right of any heir, devisee or purchaser, or any creditor by mort- verspreide gage judgment or otherwise, relating to said estate.

rights. $ 3. This act shall take offect immediately.

CHAP 01.

AN ACT to release the right, title and interest of the people

of the state of New York in and to certain real estate in the city of Brooklyn, county of Kings, and state of New York, to Jessie Ingram.

PASSED May 23, 1882 ; by a two-third vote. The People of the State of New York, represented in Sonate and Assembly, do enact as follows :

Section 1. All the right, title and interest of the pecple of the Interest of state of New York in and to all that certain lot, piece or parcel of tblestate.

' land situate, lying and being in the city of Brooklyn, county of Kings and state of New York, bounded and described as follows: Beginning at a point on the southerly side of Monroe street distant easterly four hundred and fifty feet from Ralph avenue ; running thence southerly, parallel with Ralph avenue, one hundred feet to the center line of the block; thence easterly, parallel with Monroe street and along the center line of the block, twenty-five feet; thence northerly, parallel with Ralph avenue, one hundred feet to Monroe street, and thence westerly, along the southerly side of Monroe street, twenty-five feet to the point or place of beginning, being the same premises conveyed by Peter A. Miller and wife to John Ingram, by deed dated July sixth, eighteen

hundred and sixty-eight, recorded in the Kings county register's office, in liber eight hundred and thirty-seven of conveyances, at page four hundred and eighty-nine, and being the same premises described in a deed thereof dated September eighth, eighteen hundred and eighty, made by Samuel Ingram and Janet Ingram, his wife, to said Jessie Ingram and recorded in said Kings county register's office, on the ninth day of May, in the year eighteen hundred and eighty-one, in liber one thousand four hundred and twenty five of conveyances, at page one hundred and seventeen, is hereby released to Jessie Ingram, her heirs and assigns forever.

§ 2. Nothing herein contained shall impair, release or discharge any right, claim or interest of any purchaser, heir-at-law, devisee or grantee, or of any creditor by judgment, mortgage or otherwise, in or to said real estate.

83. This act shall tako effect immediately.

Not to impair vested rights.

CHAP 20.

$119,721.91 reappropriated to pay contractors.

AN ACT reappropriating money for the payment of sums

due to contractors for new work and extraordinary repairs on the canals, and to pay the certificates and drafts issued therefor.

Passed May 23, 1892; three-fifths being present. The People of the State of New York, represented in Senate and Asseinbly, do enact as follows:

SECTION 1. The sum of one hundred and nineteen thousand seven hundred and twenty-one dollars and ninety-one cents, being the balance remaining unexpended of the sum of four hundred thousand dollars originally appropriated by the second section of chapter four hundred and twenty-five of the laws of eighteen hundred and seventy-six, and reappropriated by acts chapter two hundred and seventy of the laws of eighteen hundred and seventy-eight, and chapter two hundred and seventy-two of the laws of eighteen hundred and eighty, or so much thereof as shall remain unexpended on the passage of this act, is hereby reappropriated to pay the sums which may finally be adjudged by the canal board or by any court of record to be due to contractors on monthly estimatos or on final account for extraordinary repair work on the canals, and which have not heretofore been compromised and settled, and also to pay the outstanding certificates and drafts duly issued in payment for work performed and eqnitably due from the state, together with the interest which the statutes allowed on deferred payments.

$ 2. This act shall take effect immediately.

CHAP. 08.

establish ferry

AN ACT to anthorize George Stevenson, of Cornwall, Orange

county, to establish and continue a ferry across the Hudson river from Cornwall Landing, in the county of Orange, to the opposite side of the river.

PASSED .May 23, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. It shall be lawful for Georgo Stevenson, his heirs and Lawful to assigns to establish and maintain a ferry across the Hudson river, from Cornwall dock, in said town of Cornwall, and county of Orange, or across near the same, to the east shore of said river, at or near the present river. Cornwall station, and to any point where said station may hereafter be removed, for and during the term of twenty years from and after the passage of this act.

§ 2. The said George Stevenson, his heirs and assigns shall previous Ferry boat, to May one, eighteen hundred and eighty-two, place, and at all times etc. thereafter, keep and maintain a good and substantial ferry boat or Féssel for the safe conveyance of passengers, their baggage and other articles between the places aforesaid, with safe and skillful ferrymen to attend the same.

$ 3. The county court of Orange county is hereby authorized and County directed, during the month of May in each and every year during Ax rates. the continuance of this charter, to order and determine the several rates of ferriage, and hours of the day that boats shall be kept in readiness belonging to said ferry, and whether said boats shall be propelled by steam or otherwise. $ 4. If any higher rates of ferriage shall be taken by the said Penalty

for taking George Stevenson, his heirs and assigns, or any person or persons in higher his or their employ, than is ordered by the said court, the person so offending shall forfcit and pay to the injured party the sum of five dollars.

$5. If the owners or keepers of said ferry shall willfully neglect or Penalty refuse, at such hours as the court may direct, to transport or ferry to see across said river any person or persons, their baggage, goods or chattels, persons, for lawful ferriage, as herein specified, or shall unnecessarily hinder or delay any person or persons crossing said river, they shall 'forfeit five dollars to each person so aggrieved.

court to

rates.

8 6. On failure to establish and maintain the above-named ferry within one year from the passage of this act, the franchise herein granted shall cease and be void.

87. This act shall take effect immediately.

for neglect

CHAP 204.

Time within which to build roads.

AN ACT to extend the time for the Buffalo East Side Street

Railway Company, to build and complete certain of its roads.

PASSED May 23, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The Buffalo East Side Street Railway Company shall have six years from the passage of this act to build and complete its roads in the several streets and places in the city of Buffalo specifically named in its charter, and the several acts amendatory thereof,

provided, however, that no such roads shall be constructed or operated Consent to except upon the conditions that the consent of the owners of oneobtained. half in value of the property bounded on, and the consent also of the

local authorities having the control of that portion of the street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners can not be obtained, the general term of the supreme court in the district in which it is proposed to be coustructed may, upon application, appoint three commissioners who shall determine after a hearing of all parties interested whether such railroad ought to be constructed or operated, and their determination confirmed by the court, may be ta in lieu of the consent of the property owners.

§ 2. This act shall take effect immediately.

be

CHAP 205.

[ocr errors]

tricts.

AN ACT to enable the electors of the town of Geddes, in On

ondaga county, to vote by districts for the election of town officers.

Passed May 23, 1882; three fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Elections

SECTION 1. The electors of the town of Geddes, in the county of to bakeld Onondaga, shall hereafter hold.their elections by districts, for the elec

tion of all town officers required by law to be elected by ballot.

§ 2. Such districts shall be the same as the election districts for holding general elections in said town, already erected or hereafter to be erected as provided by law.

§ 3. The supervisor, town clerk and justices of said town shall, at places. their meeting next preceding the town meeting in said town in each

year, designate the place in each election district in said town at which elections shall be held during the year, and shall appoint the time for the opening and closing of the polls of said elections: and they shall thereupon give notice, written or printed, of the annual town elections in said district, together with the place where the same shall be held, and the time of the opening and closing of the polls, to be posted in at least three public places in each of the said election districts, and at least five days before the holding of such annual town election, which

Polling

« PreviousContinue »