premises through which, or over which, the said sewer is to run, and receive any evidence that may be offered touching the question before them, and may administer oaths to witnesses who may be examined before them, and shall, with all convenient dispatch, make a report to the common council of their proceedings as such commissioners, which said report shall contain a description of each parcel of real estate which the commissioners shall deem benefited thereby, with the names of the owners or occupants thereof, if they can be ascertained, and the proportion and amount of benefit which each parcel would receive, in the opinion of the commissioners. to be In case the said commissioners shall conclude that any proportion of when asthe entire expense of the construction of the sewer herein provided sessment for should be borne by the city, it shall be deemed a sufficient com- made pliance with the provisions of this act, if the said commissioners shall against the assess the same, in their report, upon the city of Hudson at large, without, for the purposes of the collection of said proportion, specifying or describing any real estate therein. city. report, etc. 5. On the coming in of the report herein provided for, the com- Notice of mon council shall cause to be published in the official newspapers a Aling notice that the said report is filed with the clerk, and that at a time specified in said notice, which time shall be at least six days after the publication of said notice, the said council will act upon the same. Prior to, or on such day, any person objecting to the matter contained Objecin the report may file with the clerk of the common council his objections in writing, which objections shall be read before the common council before any action shall be had on said report. tions. ings of common The common council may then confirm or reject said report. If Proceedconfirmed, it shall be final; but if the same shall be rejected, the common council shall then appoint three other competent freeholders of council. said city, commissioners, who shall proceed anew in the premises, and the report and assessment made by them shall be final without confirmation or action thereon by said council. assessed § 6. In case it shall appear by the report of the commissioners ap- Payment pointed under the provisions of this act, which shall have been con- of amount firmed by said council, or become final, that any portion of the expense against of the construction of said sewer should be borne by the city, and has city, etc. been assessed against said city, the same shall be a charge upon the city treasurer, and shall be paid from the current revenues of the city. But if the amount of such portion shall exceed the sum of one hundred dollars, the common council may from time to time, during the progress of the work, borrow such excess upon the credit of the city of Hudson, upon such terms and at such rate of interest, not exceeding five per centum per annum, as shall be deemed for the best interests of the city, and secure the same by issuing bonds, in a form to be prescribed and approved by the common council, which said bonds shall be signed by the mayor and clerk, and sealed with the corporate seal of said city, and shall be of such denominations, respectively, and payable at such times and places, as the said council may direct, but said bonds shall not be disposed of at either public or private sale for less than par. If the amount which said bonds shall be issued to secure shall exceed Payment in the aggregate the sum of five thousand dollars of principal, the of bonds. sanie shall be paid at the rate of five thousand dollars of principal, with interest thereon, in each year following the year of the issuance of said bonds, until the whole sum is paid. And the said sum of five thousand dollars of principal, with the interest thereon, shall be added to the Tax-list. Moneys to be kept distinct. Re-assessment when to be made. Refunding amount to be raised in the tax levy for the year in which said sum is to be paid under the provisions of this section, and shall be paid therefrom. 87. Upon the assessment being made as herein before in this act provided for, an assessment list shall be made, to resemble as nearly as practicable the tax-list in its form, and be provided with a column, in which payments can be entered by the treasurer. Two copies thereof shall be made by the clerk, and be signed by the mayor and clerk, one of which shall be filed with the clerk and the other delivered to the treasurer. All the provisions of chapter four hundred and sixty-eight of the laws of eighteen hundred and seventy-two, relative to the assessment list mentioned in section sixty-five of said act, and the sections therein referred to, to the assessment therein, and the collection and payment of the moneys thereof, shall be applicable to the assessment lists provided for in this act, except that for the purposes of this act, the words "four successive weeks" shall be substituted for the words "eight successive weeks," and the words "within such four weeks" shall be substituted for the words "within such eight weeks," whenever the same occur in section forty-eight of said chapter four hundred and sixty-eight. § 8. All moneys received by the treasurer upon any assessment list, made pursuant to the provisions of this act, shall be kept by him distinct from all other moneys, and shall be drawn from him only by orders expressly directing their application to the payment of the expenses for which the assessment was made. § 9. The assessment lists filed with the clerk and delivered to the treasurer shall in all courts and places be evidence of the assessments therein specified. § 10. Upon the completion of the sewer herein provided for, if it shall appear that the moneys raised by the assessment provided therefor be insufficient to pay the entire cost of the construction thereof, and the expenses properly connected therewith, the common council shall re-assess upon the real estate described in the assessment list above provided for, and upon the city of Hudson, in sums proportioned to the former assessment, an amount sufficient to pay such deficiency. All the provisions of this act relative to the assessment list heretofore mentioned, to the assessment therein, and the collection and payment of the moneys thereon, shall be applicable to the second assessment list in this section provided. § 11. In case the amount raised for the public improvement herein of excess. provided for by assessment shall exceed the cost of the same, such excess shall be refunded in proportion to the amount, if any, paid by the city and by each parcel or tract of land on the assessment list. Proceed. ings in case of infant owners. 12. When the owner of real estate taken or appropriated as herein provided for shall be known to be an infant under the age of twentyone years, the county judge of Columbia county, or the recorder of the city, may, on the application of the infant, or the common council, appoint a guardian for such infant, taking from him adequate security for the faithful performance of his duties as such; and all notices required to be served upon the infant shall be served upon such guardian, who shall see to the protection of the rights of such infant. § 13. This act shall take effect immediately. CHAP. 176. AN ACT to amend chapter six hundred and fifty-three of the laws of eighteen hundred and sixty-nine, entitled "An act constituting the Sacandaga river and its tributaries a public highway, and for aid in improving the same.' PASSED May 17, 1882; 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 of chapter six hundred and fifty-three of the laws of eighteen hundred and sixty-nine, entitled "An act constituting the Sacandaga river and its tributaries a public highway, and for aid in improving the same," is hereby amended to read as follows: § 2. The Sacandaga river and its tributaries including what is called Public west branch of Piseco river and East and West Stony creeks, are hereby constituted a public highway for the purpose of rafting logs, timber and lumber. §2. Section seven of said act is hereby amended so as to read as follows: highway. construct for ages ascer $7. Any person or persons or corporation making any improvements Persons in the channel of said Sacandaga river, and its tributaries, or any or ing chutes, either of them, or constructing any shoal, chute or apron in connec- etc., liable tion with any dam now made or standing thereon, shall be liable to damages. any town for any damage sustained to its bridges, dams, lands or property, to the owner or occupant of the premises and to any riparian land-owner upon which said improvements or constructions shall be made, for any damage which may be suffered or sustained by any such town, owner or occupant by reason of such improvements or constructions. Such damages shall in the first instance be ascertained by their How damappraisal, by three commissioners to be appointed by the county judge tained. of the county where the lands or property or some part thereof is located of any person or town entitled to, and claiming such damages, on ten days' notice in writing of the time and place of making such application being given to the opposite party, by the party applying for the appointment of such commissioners. Upon the making of such appraisal, said commissioners shall all meet and ten days' notice in writing of the time and place of such meeting shall be given to the parties. The award of said commissioners shall in all cases be final Award to and conclusive, and it shall not be lawful for any person or persons to be fixed. use and occupy said creek or any part thereof as a public highway for the purpose of floating logs or timber or lumber down the same, until the whole amount of the award of said commissioners shall be paid to the party or parties to whom it shall be so awarded. § 3. This act shall take effect immediately. 28 Board of audit to CHAP. 177. AN ACT to authorize the board of audit to hear, audit and The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of audit is hereby authorized to hear, audit hear claim, and determine the claim of the managers of the Western House of Refuge for Juvenile Delinquents, for expenditures made by them in the construction and furnishing of buildings for such house of refuge, and for other work and material done and furnished therefor in excess of appropriations made therefor, and for the payment of which the said. managers have borrowed money and are now responsible for the same, Amount to and to award to said manager such sums there for as may be just and equitable, not exceeding the sum of ten thousand nine hundred and twenty-five dollars and the interest thereon. be awarded limited. When steam dredges not to be used. § 2. This act shall take effect immediately. CHAP. 178. AN ACT to amend chapter three hundred and two of the laws of eighteen hundred and seventy-eight, entitled "An act in relation to the taking of clams, oysters and shell-fish within the waters of this state, and dredging for the same." PASSED May 17, 1882; 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 of chapter three hundred and two of the laws of eighteen hundred and seventy-eight is hereby amended so as to read as follows: § 2. It shall not be lawful to dredge for oysters, clams, or other shell-fish with a dredge operated by steam power, in any of the bays, waters or rivers of this state. No dredges to be used exceeding thirty pounds in weight, for catching oysters, clams, or other shell-fish. But nothing in this section contained shall be construed as prohibiting or preventing the owner or owners of any legally planted bed of oysters from using steam power or heavier dredges for the purpose of taking up or removing the oysters legally planted on any such bed. 82. Nothing in this act shall be construed as to apply to the waters of the town of Oyster Bay in the county of Queens or the waters of Great South Bay. § 3. This act shall take effect immediately. CHAP. 179. AN ACT to amend an act supplemental to the act entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three. PASSED May 17, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter seven hundred and fifty-five of the laws of eighteen hundred and seventy-three, entitled "An act supplemental to the act entitled An act to reorganize the local government of the city of New York,"" passed April thirtieth, eighteen hundred and seventy-three, is hereby amended so as to read as follows: whom to § 1. The police force of the city of New York shall consist of one Police superintendent of police, four inspectors of police, captains of police force of not exceeding in number one to each fifty of the total number of patrol- consist. men; sergeants of police not exceeding four in number to each fifty of the total number of patrolmen; doormen of police not exceeding two in number to each fifty of the total number of the patrolmen; surgeons of police to the number authorized by law, and patrolmen to the number of two thousand one hundred. The board of police shall appoint all the members of the police force, and may remove the superintendent of police by resolution. The board of police shall have power to in- Increase crease the police force by adding to the number of patrolmen from of. time to time, but such increase shall not exceed one hundred in any one year. The board of police commissioners shall establish a bureau which shall be called the central office bureau of detectives. The Detectives. board of police commissioners shall select and appoint to perform detective duty as many patrolmen (not to exceed forty in number) as said board of police may from time to time determine to be necessary to make this branch of the police force efficient. The patrolmen so selected and appointed shall be called detective sergeants, and shall be assigned to duty at the central office bureau of detectives, and shall while performing such detective duty be vested with the same authority, and be entitled to receive and be paid the same salary each as sergeants of the police in the city of New York. But the board of police commissioners may by resolution reduce to the grade of patrolman and transfer such detective sergeants or any number of them to perform patrol duty, and when so transferred they shall only be entitled to receive and be paid the same salary each as patrolmen of the police in said city. The salaries of the detective sergeants assigned to detective Salaries. duty under the provisions of this act shall be paid out of the fund appropriated by law for the payment of the expenditure of the police department in the city of New York, and shall be included by the heads of the police department in the city of New York in their annual department estimate made by them to the board of estimate and apportionment and to the board of aldermen, and shall be estimated, raised and appropriated according to the provisions of section one hundred and twelve of article sixteen of chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, and the acts amendatory thereof. Nothing herein contained shall be construed to authorize the police commissioners to appoint any additional patrolmen instead of the detective sergeants specified herein. |