street

grades.

how deter

mined.

assessment, and the whole amount assessed shall be collected in the manner and with the fees prescribed in this act for the collection Change of of general city taxes. When the grade of a street or other way has been established by the common council, and the street or other way graded accordingly, the grade thereof shall not be changed, except upon petition of the owners of more than onehalf of the lineal feet of real estate adjacent and contiguous to that part of the street or other way to be regraded, and a majority of the owners of such real estate, nor unless compensaDamages, tion be made to persons damaged by the regrading, such compensation to be determined by agreement or by three commissioners to be appointed by the county court of Albany county, or by the supreme court, and who shall take the oath required of commissioners in section six of this title, and view the premises and take all legal evidence. Said commissioners shall make a report of their proceedings to the court by which they were appointed, which may confirm said report or may set it aside and appoint new commissioners whose award shall, if confirmed by said court, be final. Said court shall have general jurisdiction of the proceedings, and the same shall proceed in accordance with the rules and practice of such court, and when any such award shall be confirmed by the court, the amount thereof shall be a valid liability against such owners of real estate adjacent and contiguous to that part of the street or other way regraded, and may be enforced against them in the manner in this section provided for enforcing collection of the expense of paving, grading and pav Contracts. ing or grading of streets. All grading of streets shall be done by contract to be let as provided in the next section.

Awards, how col

lected and enforced.

Cleaning and repairing streets.

sion of certain wora.

§ 10. Section seventeen of said title eleven is hereby amended to read as follows:

§ 17. All cleaning and repairing of streets and other ways and laces shall be done at the expense of the city at large. The comSupervi mon council shall have power, whenever it shall deem such course expedient and for the best interests of the city, to cause such work and all work required by section forty of title five, to be done under the superintendence of the superintendent of streets Contracts and public grounds, and all work mentioned in section twentyrials. eight of this title, and the materials needed for such work, or any part of such work or of such materials, to be done and furnished by contract to be let to the lowest bidder or bidders

for work

and mate

of council.

therefor. The provisions of section nine of this title shall govern the letting of every such contract. Such work shall be performed Approval under the supervision of the said superintendent and shall be subject to the approval of the common council, but nothing in this act shall be construed as relieving any person, corporation, Property, association, society or property exempt by law from general released taxation from liability to assessment and proportionate share of payment for the improvements specified in this title.

§ 11. Section eleven of title thirteen of said chapter is hereby amended to read as follows:

etc., not

from as

sessments.

and audit

counts.

statement

to be pub

lished.

§ 11. The fiscal year shall terminate on the second Tuesday in Fiscal year March in each year, and no accounts, claims or demands shall be of ac audited by the common council between that time and the first Tuesday after the annual election. At the close of the fiscal year and at least one week preceding said election, the common Annual council shall cause to be prepared and published a full and true of council, statement, setting forth the amount of taxes and assessments levied and assessed under this act during such fiscal year, and the purposes for which the same were levied and assessed; the balance in the treasury at the commencement of the fiscal year, and to what funds belonging; the amount collected on the annual tax roll and on each assessment-roll during such year, and for what purpose; the receipts from all other sources, in items, as far as practicable, also the disbursements in items, and from what funds made, with the name of every person who shall have pre sented any claim against the city which shall have been allowed by the common council or any board of said city, with the amount claimed and allowed and the balance in the treasury at the end of the fiscal year, and to what funds belonging. Said statement Verificashall be verified by the clerk of the city as true and correct in thereof, every respect.

§ 12. This act shall take effect immediately.

tion

for con

struction thereof.

Chap. 605.

AN ACT to authorize the board of health of the city of Auburn to build, or to enter into contract for the building of a crematory, for the disposal of garbage, offal and night-soil, and to authorize the common council of said city to borrow money and issue its bonds for the payment of the same.

APPROVED by the Governor May 5, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Adoption Section 1. Immediately after the passage of this act, the board of plan for crematory of health of the city of Auburn, is hereby authorized and directed to examine into and adopt a plan for the construction and maintenance of a crematory, for the disposition of garbage, offal and night-soil, including, if necessary, the purchase of a site therefor, Proposals and upon the adoption of such plan, shall give notice, that sealed proposals will be received for the construction thereof, in accordance with the plan so adopted, in such manner and at such place as they shall designate; which notice shall be published in one or more papers for at least two weeks before the day designated for the awarding of said contract. Each sealed proposal must be accompanied by a bond signed by the parties so proposing and by two or more sureties justifying in all in double the sum for which the party proposes to do the work. Any and all proposals so received may be rejected by the said board of health if it shall deem it for the interest of the city. If no proposal so received shall be for the best interest of the city, said board of health shall have the power to build said crematory and to purchase such material and employ such labor as may be necessary for the construction of the same.

Board of health may build crematory.

Contracts

for con

crematory.

§ 2. Upon the acceptance of any proposal so received said board struction of shall enter into a contract with the person, persons or corporation whose proposal is accepted to construct said crematory in the manner determined, and shall thereupon notify the common council of the cost thereof, and of the estimated expense of the purchase of such machinery and personal property as may be necessary to gather and dispose of the garbage, offal and night-soil within said. city, pursuant to the system or plan adopted by them therefor; and shall, if all the proposals so received by them are rejected, and it is determined to build said crematory by and under the direction

Notice of estimated cost to council.

of said board of health, notify said common council as soon as an estimate can be made of the probable cost of the construction of the same.

may bor

row money.

bonds

therefor.

§ 3. The common council of the city of Auburn shall, within Council thirty days after such notice has been received borrow upon the credit of said city, not to exceed ten thousand dollars, upon such terms and at such rate of interest, not exceeding five per centum per annum, as said council shall determine, and shall issue the Issue of bonds of the city therefor, signed by the mayor and city clerk and sealed with the seal of the said city, payable in three installments, one-third of the sum borrowed on the first day of August, eighteen hundred and ninety-four, one-third on the first day of August, eighteen hundred and ninety-five, and the remaining third on the first day of August eighteen hundred and ninety-six.

of proceeds.

§ 4. The moneys realized from said bonds shall be deposited Disposition with the city treasurer and by him placed in a fund to be known as a special health fund to be drawn upon by said board of health, and used for the purposes herein designated.

tures for horses,

§ 5. Upon the completion of said crematory and payment there- Expendi for, said board of health is hereby authorized to use the money tools, etc. remaining in said special health fund, for the purchase of such horses, wagons, tools and other appliances, as may be necessary for the proper gathering and disposal of the garbage, offal and night-soil within said city.

§ 6. The common council shall include in the annual tax budget for the years eighteen hundred and ninety-four, eighteen hundred and ninety-five and eighteen hundred and ninety-six, the amount of the bonds maturing in such years.

Tax for bonds.

Sale of

§ 7. The bonds issued under the provisions of this act shall not bonds. be sold or disposed of for less than their par value.

§ 8. This act shall take effect immediately.

Appropria. tion for expenses of inemorial

services.

Memorial proceedings, print

tribution

of.

Chap. 606.

AN ACT in relation to the legislative proceedings on the death of the Honorable James W. Husted.

APPROVED by the Governor May 5, 1893. 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 sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be paid by the comptroller upon the certificate of the clerk of the assembly for the payment of the expenses incurred by the legislature in the memorial services upon the life, character and public services of the Honorable James W. Husted.

§ 2. There shall be printed and bound, under direction of the ing and dis- clerk of the assembly, ten thousand copies of the memorial proceedings of the legislature on the death of Honorable James W. Husted. The said ten thousand copies, when bound and printed as aforesaid, shall be delivered by the person or persons performing said work to the clerk of the assembly, who shall distribute them as follows: Eighty-eight hundred copies for the use of the members of the legislature; five hundred copies to the family of the deceased; five hundred copies for the officers and reporters of the legislature, and two hundred copies for the state officers.

Appropriation for printing, etc.

§ 3. The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to carry out the provisions of section two of this act, and the treasurer is hereby authorized and directed to pay the same on the audit of the comptroller and the certificates of the clerk of the assembly.

§ 4. This act shall take effect immediately.