Chapter 18, sures for securing the funds and property of said corporation, as the said court shall deem expedient. S 14. The corporation hereby created shall be subject to the provisions of the eighteenth chapter of the first applicable. part of the Revised Statutes, as far as the same are applicable; and this act may be repealed, altered or amended, at any time hereafter. Interest of state re. leased. Rights of purchaser S15. The trustees and officers of this corporation shall be subject to the provisions and penalties of chapter one hundred and thirty-six of the laws of eighteen hundred and fifty-seven. S 16. This act shall take effect immediately. Chap 211. AN ACT to release the interest of the people of this State to certain real estate in the city of New York, of which Richard E. Alcock died seised. Passed April 9, 1859, 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 estate, right, title and interest of the people of the state of New York, in and to four certain lots or parcels of land, situate in the twelfth ward of the city of New York, of which Richard E Alcock, late of said city, died seised, is hereby released to Mary M. Nelson, her heirs and assigns forever; said lots having been on the twenty-ninth day of October, eighteen hundred and fifty-six, purchased by said Mary M. Nelson, under an order of the surrogate of the county of New York. S2. Nothing in this act contained shall effect the right not affected. of any purchaser or mortgagee of the said Richard E. Alcock, deceased. S3. This act shall take effect immediately. Chap. 212. AN ACT to provide for recording notices of pen- Passed April 9, 1859; three-fifths being present. be recorded SECTION 1. It shall be the duty of the clerk of the Notices to county of Kings, to record, in suitable books, to be provided for that purpose by the board of supervisors of said county, all notices of pendency of suits hereafter filed in his office. Compensa $2. Said clerk shall be entitled to six cents per folio tion." for recording said notices, to be paid by the parties filing the same. To be 3. The said clerk shall cause one hundred and fifty printed. copies of the calendars of each of the terms of the circuit court and general and special terms of the supreme court, held in and for said county, to be printed at expense of said county, for the use of the court and for distribution. S4. This act shall take effect immediately. Chap. 213. AN ACT to amend an act entitled "An act in relation to assessments for local improvements in the city of Brooklyn," passed March nineteenth, eighteen hundred and fifty-eight. Passed April 9, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : for local SECTION 1. No proceedings shall be taken by the Petitions common council of the city of Brooklyn, or by any of improvethe officers of said city, except as herein otherwise menta provided, to regulate and grade, or to pave, or to regrade Notice to be published. Expense of improve ment not to exceed onethird the and repave any street or avenue, or for digging down or filling in lots, unless upon petition, signed by a majority of the persons owning the land situated on the line of the improvement, each of such persons being the owner of at least one building lot on said line, of the usual size of city lots. Whenever such petition shall be presented, the common council of said city shall cause a notice to be published in the corporation newspapers, published in said city, that such application has been made, and of the time (which shall not be less than twenty days after the first publication of such notice), when they will proceed on such petition, which notice shall be published daily in the corporation newspapers for two weeks successively; and in case a remonstrance against the proposed improvement, signed by a majority of the owners of the lots of land within the district of assessment which shall be fixed by the common council for said improvement, shall be presented to them on or before the day specified in said notice, they shall not allow the said improvement to be made, or proceed further therein. But nothing in this act contained shall be so construed as in any way to affect any proceedings heretofore commenced by the common council of said city. $2. No proceedings shall be commenced by the common council of the city of Brooklyn, or by any of the officers of said city, to regulate and grade, or to pave, or value of lot. to regrade and repave any street or avenue, or for the digging down or filling in lots in said city, the expense of which shall impose upon any lot of land an assessment exceeding one-third of its value, independent of any erection or buildings thereon, and which value shall be ascertained as hereinafter provided. Common council to lay out district of and cause map to be made. S3. The common council shall lay out a district of assessment in every case contemplated in the first and assessment second sections of this act, before any other proceedings are had therein, and shall cause a map to be made, under the direction of the street commissioner, by a competent surveyor, on which map shall be designated by feet and inches, as near as may be, the several pieces of land and premises to be assessed for the improvement, and shall estimate the expense of any improvement or work referred to in the first and second sections of this act; and the assessors of the said city, or such of them as shall be required so to do by the said common council, shall ascertain the value of the premises proposed to be assessed, in conformity with the second section of this act, for such expenses, stating how much of said expense is proposed to be assessed upon each lot, and shall report the same to the common council before any such improvement or work shall be ordered or determined upon by the said common council; such assessors shall, at the same time, report to the common council, for their information, an estimate of the amount of benefit which such lot will derive from such improvement; but such estimated benefit shall not be computed as a part of the value of said lots for the basis of assessment referred to in this act. to pay S4. The person so applying, and who shall have signed Petitioner a petition for any such improvement, shall be chargeable charges. with, and are hereby declared liable, for all charges and expenses which may accrue on such application, if the same is refused by the said common council. sentation of $5. Upon the presentation of any application for any Proceedimprovement or work specified or referred to in the first on presection of this act, and after taking the action directed application. in the preceding section, the said common council, if they determine that a petition for such improvement has been presented by a majority of the persons owning lands situated on the line of the improvement, and that the assessment proposed to be imposed on each lot is in just proportion to the benefit which said lot is to receive from such improvement or work, and is the just proportion of the expense of such improvement or work which said lot should bear, and also that such assessment does not exceed one-third of the assessed value of such lot, as directed to be ascertained by this act, and in case no sufficient objections are made thereto in the manner specified by the first section of this act, the said common council may then proceed to order such improvement or work to be done; and the determination, in good faith, of the common council, in respect to all the facts to be ascertained for the purpose of commencing and carrying on such proposed improvement or work shall be final and conclusive, provided that such action shall be in conformity with this act, and that no contract for such improvement or work shall be made which shall in any Improvements not to be a charge event exceed in amount the estimated expense of such improvement or work, and that the assessment for the expenses of such improvement shall be confined to the district of assessment laid out by the common council, as aforesaid. $6. In no event shall any expense for any improvement or work contemplated by the first and second secagainst city. tions of this act be a charge against the city of Brooklyn, except so far as said city may be the owner of land to be assessed for such work or improvement. City money applied to local im declared a S7. It shall be a misdemeanor, and punishable as such, for any person or officer in the city of Brooklyn to take provement from the treasury of said city, by warrant or otherwise, misdemean- any money for or on account of the expense of any local improvement hereafter to be made in said city, unless the same has first been assessed, collected and paid into the treasury to the credit of such improvement. or. Common council may in certain cases. tion. 8. Nothing in this act contained shall be construed so fill, grade or as to prevent the common council of said city from causing drain lots lots to be filled, graded or drained, in the manner now provided by law, in cases where the board of health, or the common council as a board of health, shall determine that such filling in, grading or draining is necessary in order Determina to secure or protect the public health ;"but such determination shall be reduced to writing, and shall set forth the particular reason or reasons which render such filling in, grading or draining necessary, and notice thereof shall be immediately published for three successive days in the corporation newspapers, with a description of the lots to be so filled in, graded or drained; and such determination shall also be reported to the mayor at least one week before the common council shall take any action thereon. Powers of common council. S9. The mayor and common council of the city of Brooklyn, in addition to any powers that they now possess in relation to the grading and paving of streets or avenues, shall also have the power to macadamize any street or avenue in said city and lay an assessment therefor, on any property that they shall deem benefited by such improvement, in the same way as is now provided by law for the grading and paving of streets and avenues in said city. Nothing in this section shall be so construed as to allow any street or avenue to be so macadamized, except it shall be done in the manner provided for the |