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May re

quire ad

such sum as they shall fix, and with such sureties as the mayor shall approve, conditioned that such overseer shall faithfully discharge the duties of said office, and pay over all moneys received by him as such overseer; which bond shall be left with and filed by the clerk of said city; and the said common council may at any time after any bond ditional ad shall have been given under this section, or under any of the provisions security. of the act hereby amended, by said overseer, when they shall deem the interests of the city require it, by a like notice and service, require the said overseer to give further and additional security as aforesaid; Failure to and in case any overseer shall fail to execute said bond when required bond or as aforesaid, or give such additional security under this section, or give addi- under any of the provisions of the act hereby amended, the common council shall declare his office vacant, and cause the same to be filled in the manner provided by the act hereby amended, in case of vacancies in office.

execute

tional se

curity.

Duties of receiver

as to col lection of

taxes and assessments.

§ 2. This act shall take effect immediately.

Chap. 26.

AN ACT to amend chapter three hundred and twenty-four of the laws of one thousand eight hundred and sixtynine, entitled "An act for the election of a receiver of taxes and assessments for the town of Cortlandt and village of Peekskill," and chapter forty-three of the laws of one thousand eight hundred seventy-eight amendatory thereof.

PASSED February 14, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The fifth section of chapter three hundred and twentyfour of the laws of one thousand eight hundred and sixty-nine, entitled "An act for the election of a receiver of taxes and asssessments for the town of Cortlandt and village of Peekskill," is hereby amended so as to read as follows:

§ 5. It shall be the duty of said receiver to receive and collect all State, county, town and village taxes and assessments that may be levied and assessed in the town of Cortlandt and in the village of Peekskill; to keep safely all assessment rolls that may be delivered to him; to enter daily in a suitable book or books the sums of money received by him, the names of the persons from whom received, and the particular tax or assessment on which such sums were paid; and the said book or books shall be public records, and shall be open during To depos office hours to public inspection. He shall deposit all sums of money it moneys received by him by virtue of the warrant from the supervisors, for State, county and town taxes, on the day of receiving them, in such bank as may be designated to him for that purpose by the supervisor of the town of Cortlandt, to the credit of the county treasurer of the county of Westchester, excepting such sum as he may be required by his warrant to be paid to the town officers of the town of Cortlandt; which said sums shall be placed in said bank on the day of their receipt to the credit of the supervisor of the town of Cortlandt; such

in bank, and to whose credit.

sums of money as shall be received or collected for taxes and assessments of the village of Peekskill, shall be deposited in said bank to the credit of the treasurer of the said village on the same day of receiving them.

§ 2. The second section of chapter forty-three of the laws of one thousand eight hundred and seventy-eight, entitled "An act to amend chapter three hundred and twenty-four of the laws of one thousand eight hundred and sixty-nine, entitled 'An act for the election of a receiver of taxes and assessments for the town of Cortland* and village of Peekskill,' and the acts amendatory thereof," is hereby amended so as to read as follows:

receiver.

§ 7. *The percentage upon taxes paid to and collected by the said Salary of receiver shall be his salary, and such receiver shall not be entitled to have or receive any percentage upon taxes returned by him as unpaid. § 3. This act shall take effect immediately.

Chap. 27.

AN ACT to authorize a tax of three-tenths of a mill per dollar of valuation to provide for a deficiency in the sinking fund under article seven, section three of the Constitution.

PASSED February 15, 1879; three-fifths being present.

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

three

SECTION 1. There shall be imposed for the fiscal year, beginning on Tax of the first day of October, one thousand eight hundred and seventy-nine, tenths or a State tax of three-tenths of a mill on each dollar of the valuation of a mill. the real and personal property in this State subject to taxation, which tax shall be assessed, levied and collected by the annual assessment and collection of taxes for that year, in the manner prescribed by law, and shall be paid by the several county treasurers, into the treasury of this State, to be held by the State treasurer for appropriation to the purposes designated in the second section of this act.

tion of

§ 2. The whole of the tax levied and collected under the first sec- Application of this act shall be paid into the treasury of this State to the credit tax, of the canal fund, and is hereby appropriated and shall be applied as follows: For the payment to the sinking fund under section three of article seven of the constitution, the sum of seven hundred and fifty thousand and twenty-nine dollars and sixteen cents, to supply the deficiency which existed in said sinking fund on the thirtieth of September last. For the payment to said sinking fund the further sum of sixty-four thousand five hundred and three dollars and twenty cents, being the interest on the aforesaid deficiency to the time when the same will be realized from the tax.

*So in the original.

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ing supply of water.

Chap. 28.

AN ACT to enlarge the powers of commissioners appointed to ascertain and appraise, compensation to be made in proceedings under chapter four hundred and forty-five of the laws of eighteen hundred and seventy-seven, relative to increasing the supply of water for the use of the city of New York.

PASSED February 17, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Powers in SECTION 1. The commissioners appointed or to be appointed in any proceedIngs for proceeding under chapter four hundred and forty-five of the laws of increas eighteen hundred and seventy-seven, relative to increasing the supply of water for the use of the city of New York, in which proceeding more than one claim is embraced, may conduct their examination as to any one of such claims at such time or times as shall seem best to them, and they may in their discretion postpone the ascertainment or determination of the compensation to be made on such claim, until any time prior to the final termination of the proceedings, and they may in their discretion proceed to the ascertainment or determination of the compensation to be made on any one of such claims, notwithstanding the fact that the examination and consideration of some other claim or claims are still pending, open and undetermined; and such action on the part of the commissioners in any proceeding now pending is hereby ratified and confirmed.

Actions con

firmed.

Separate reportand

nation

may be made.

§ 2. The commissioners referred to in the first section of this act, in determi- any proceeding in which more than one claim is embraced, at any time in the course of such proceeding, may, in their discretion, take up any specified claim or claims, and finally ascertain and determine the compensation to be made thereon, and make a separate report with reference thereto, which report shall, as to the claims therein specified, be the report required in the act aforesaid, and the subsequent action with reference thereto, shall be had in the same manner as though no other claim were embraced in such proceeding, which, however, shall continue as to all claims upon which no such separate determination and report is made.

Absolute

or modifi

certain commissioners

maymake.

§ 3. The commissioners appointed in the proceeding under the act edawards, aforesaid, to take lands and extinguish rights at lakes Mahopac and Kirk, and on the Muscoot river in Putnam and Westchester counties, may, as to any claim or claims embraced in such proceeding, award compensation for the absolute and entire exercise, by the city of New York, of the rights which may be acquired under the act aforesaid, or they may provide for such modified and restricted exercise of such right as shall be specified in their report, and may award therefor a modified compensation which may be so indicated in their report, and the payment by the said city of such modified compensation shall entitle it only to the exercise of such modified right; provided, that the determination heretofore made, as to the limits of elevation and depression, shall not be altered or reconsidered, but such limits shall remain fixed and unalterable.

ceedings

ted.

§ 4. The commissioners referred to in the third section of this act Their promay also proceed to the ascertainment and determination of the com- on claims pensation to be made to any person or persons whose claim may be submitsubmitted to them by the written consent, both of such person and of the commissioner of public works of the city of New York, and from the filing of such consent with the said commissioners they shall proceed with reference to such claim in the same manner as though it were embraced within the original petition.

§ 5. This act shall take effect immediately.

Chap. 29.

AN ACT to amend chapter seven hundred and fifty-eight of the laws of eighteen hundred and seventy-one, entitled "An act to authorize the city of Troy to take water from the Hudson river and from other sources, and to facilitate the acquisition of lands for the construction of works, reservoirs and laying pipes or other means to conduct said water to said city."

PASSED February 17, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of chapter seven hundred and fifty-eight of the laws of eighteen hundred and seventy-one, entitled "An act to authorize the city of Troy to take water from the Hudson river and from other sources, and to facilitate the acquisition of lands for the construction of works, reservoirs and laying pipes or other means to conduct said water to said city," is hereby amended so as to read as follows:

ers of ap

§ 6. A notice of the presentation of such petition shall be given to Notice of petition the owners, lessees, parties and persons respectively entitled unto or for com interested in the lands, tenements, hereditaments and premises so re- missionquired, by advertisement in two of the public daily newspapers pub- praisal. lished in the county in which the lands to be taken are situated; and said notice shall be published in every issue of said papers for a period of not less than ten days from the date of the first publication thereof. Such notice shall specify the time and place at which an application will be made for the appointment of said commissioners of appraisal in pursuance of such petition, and the amount and extent of land required to be taken.

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

§ 10. On the report being completed by the said commissioners or a Notice on majority of them, notice of the presentation thereof, and of a motion comple tion of reto be made at a special or general term of said court for the confir- port. mation of said report, shall be given to the owners, lessees, persons and parties interested in the lands, tenements, hereditaments and premises affected thereby, by an advertisement published in two daily newspapers published in the county in which the lands to be taken are situated; which notice shall be published in every issue of said papers for a period of not less than ten days from the date of the first publication

thereof. Such notice shall specify the time and place when such appliConfirma- cation will be made for the confirmation of said report. At the time tion of re- and place specified in said notice, unless the said court at such general court. or special term shall adjourn said motion to a subsequent day; and, in

port by

refer same

that event, at the time to which the same may be adjourned, the said court, after hearing any matter which may be alleged against and for the same, shall, by rule or order, confirm said report, in whole or in Court may part, or refer the same, or some part thereof, to the same commissioners for correc for revisal or correction, or to new commissioners, to reconsider the tion, etc. subject-matter thereof, or any part thereof; and the said commissioners to whom the said report or any part thereof shall be referred, shall return the said report or such part thereof as shall be referred to them, corrected and revised; or shall make a new report in the premises to the said court, without unnecessary delay; and the same, on being so returned, shall be confirmed by said court in manner aforesaid, as right and justice shall require; and said report shall be returned to the same or new commissioners until a report shall be made or And returned in the premises, which the said court shall confirm. confirmed such report, when so confirmed by the said court, shall be final and conclusive, as well upon the said city of Troy as upon all the owners, lessees, persons and parties interested, and entitled unto the lands, tenements, hereditaments and premises mentioned in the said report, and also upon all other persons whomsoever.

When

to be final.

City may enter up

etc., in

towns and

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

§ 14. The said city may, by its water commissioners or other agents, on streets, and is hereby authorized to enter upon any public street, highway, road, public square, bridge or railroad in any of the villages or towns villages to adjoining or in the vicinity of said city, through, under or across which it may be found necessary or proper to conduct the water from said river, lakes, springs, ponds, streams of water, wells or reservoirs, for May lay the purpose of conveying the same to said city; and to lay, construct, pipes, etc. alter, replace or repair any pipes, conduits, aqueducts or other works

convey

water.

with

villages

for water for pri

vate use.

lots and

necessary for that purpose, without unnecessary delay, leaving said streets, highways, road, lane, public square, bridge and railroad in the same condition, as nearly as may be, as they were before said entry. Contracts And the water commissioners of said city may, and are hereby authortowns and ized to contract and agree in writing with the president and board of trustees or other proper authority of any town or village through or in which, as aforesaid, such pipes, conduits, aqueducts or other works may be laid or constructed, to supply such town or village with water for the private use of the inhabitants thereof, and in the event of such Tax upon contract and agreement in writing being made, the said town and buildings village authorities, for the time being, and their successors in office forever thereafter, are hereby authorized and directed to levy, assess thereof. and collect the expense thereof annually in the same manner and at the same time they levy and collect their annual tax, by tax upon such lots and buildings as are situated upon any street, alley, square or other place in which the distributing pipes are laid, and from which pipes such lots and buildings can be supplied with water; and such lien. tax shall be a lien and charge upon such buildings and lots to be enContracts forced and collected in the same manner as is provided for other taxes of the said towns and villages. And the said water commissioners are etc., for hereby also authorized and empowered to contract and agree in writpublic ing with such authorities for water to be supplied to fire-plugs, founpurposes. tains, school, police or other public buildings and municipal purposes;

for expense

Tax a

with

towns,

water for

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