poses, in excess of the amount collected for water rents, which amount shall be assessed upon the taxable property in the district, to be collected and paid over to the treasurer with other taxes, if any, and shall be apportioned for that purpose. § 91. Such board of water commissioners shall audit all claims and accounts against the water-works, and certify the correctness of the same to the common council, and the common council shall pay the same from the water-works fund in the same manner as other claims. § 92. Whenever, in the opinion of such board of water commissioners, it shall become necessary to improve or extend the water-works of said city, they shall certify the same to the common council, together with a plan specifying such improvements or extensions together with an estimate of the cost of the same. If the amount shall not exceed the sum of two thousand dollars to be raised in any one year, and the common council approve, they may levy and raise the same by tax in that year, but if it exceed that amount the common council shall submit a resolution or resolutions to approve such plans, and authorize the issue of bonds or such taxation, for one or more years not exceeding three years, which shall be voted upon at a general or special meeting or election in the manner and upon the notice herein before provided as to other resolutions to raise money, and if a majority of the votes given thereon shall be in favor of any such resolution, such board of water commissioners shall cause the water-works to be improved or extended according to the plan approved, and the common council shall issue the bonds of the city, or levy the taxes as provided by the resolution or resolutions so adopted. Such bonds and all bonds heretofore issued by the city in and for the construction of water-works shall, in favor of the holder, be conclusive evidence of the regularity of the proceedings under which the same were issued. § 93. If any person shall willfully do, or cause to be done, any act whereby such water-works or their appurtenances shall be in any manner injured, or shall corrupt the water or render it impure, every such person shall be deemed guilty of a misdemeanor, and punished accordingly; and the common council may, by ordinance, provide for the punishment of any such offender by fine not exceeding fifty dollars for each offense. § 94. All the former acts and parts of acts relative to the incorporation of the city of Ogdensburg inconsistent with this act are hereby repealed, excepting section eighty-nine of chapter four hundred and six of the laws of eighteen hundred and seventy-three, but such repeal shall not affect any act done, privilege granted, right vested or established, institution located, or any proceeding, suit or prosecution had or commenced previous to the time when this act takes effect. But the by-laws and ordinances of the city shall continue in force, and be the by-laws and ordinances of the city until amended or repealed, and the terms of all officers of said city elected or appointed before the passage of this act, excepting as hereinbefore otherwise provided, shall cease on the thirty-first day of May, eighteen hundred and eighty-one. And the city of Ogdensburg, organized by the act of which this is an amendment, shall continue entitled to all the rights, title, property and demands of the village of Ogdensburg, and subject to all its liabilities and obligations, and in all respects the successor as to property, rights and obligations. $95. All officers elected or appointed under this act must be residents of Ogdensburg, and the removal of any officer therefrom shall vacate his office. All resignations of any officer under this act shall be made to the common council, and be subject to their acceptance. § 96. This act is hereby declared a public act, and shall be construed favorably and benignly for every beneficial purpose therein contained. § 2. Nothing in this act contained shall be construed to affect any action or proceeding now pending. § 3. This act shall take effect immediately. CHAP. 96. AN ACT to legalize the town election held in the town of Riga, in the county of Monroe, on the first day of March, eighteen hundred and eighty-one. PASSED April 13, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The town election held in and for the town of Riga in the county of Monroe, on the first day of March, eighteen hundred and eighty-one, is hereby legalized and confirmed, and the town officials then and there elected are hereby declared to be the legally elected officers of said town in like manner as if no irregularity in the place of holding said election had occurred. § 2. This act shall take effect immediately. CHAP. 97. AN ACT to amend chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors." PASSED April 13, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section eight of chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," is hereby amended so as to read as follows: tion of § 8. For the services of supervisors, except in the counties of New Compensa York, Albany, Rensselaer and Kings, at the sessions of their respective supervis boards, each supervisor shall receive from the county, compensation at ors. the rate of three dollars per day, for each day's actual attendance thereat, including the whole day of twenty-four hours; each supervisor shall also receive, from the county for his services in making a copy of the assessment-roll of his town or ward, including the extension of the tax list to be delivered to the collector or receiver of taxes, compensation at the rate of three cents for each written line, for the first one Misde meanor to receive or vote allow ance in hundred written lines on said roll and list, and two cents per line as aforesaid for the second hundred written lines, and one cent per line as aforesaid for all written lines in excess of three hundred; he shall also receive mileage at the rate of eight cents per mile for once going and returning from his residence to the place where the sessions of the board shall be held, by the most usual route, for each regular or special session provided for by this act. No other compensation, fee, charge or allowance of any kind, shall be made to any supervisor, for his services, except such as shall be by law a town charge; and any supervisor who shall receive or vote for any allowance in violation of the provisions of this section shall be deemed guilty of a misdemeanor, and shall on conviction pay for the use of the county such penalty as the court having cognizance of such offense shall adjudge, not exceedExpenses. ing two hundred and fifty dollars. But nothing in this section shall forbid the payment to any supervisor of his actual expenses incurred in any investigation or other duty which may be lawfully committed to him by the board, and which shall require his attendance at any place away from where he shall reside, and five miles or more distant from the place where the board shall hold its sessions, and all provisions of law inconsistent with this section are hereby repealed. § 2. This act shall take effect immediately. excess of amount fixed in this act. Westerly line of canal. CHAP. 98. AN ACT to amend chapter four hundred of the laws of eighteen hundred and seventy-three, entitled "An act to alter, open and improve the canal in and along the west branch of Newtown creek, within the city of Brooklyn, to construct a bridge over the same, and to alter the commissioner's map of the town of Bushwick, in relation thereto." PASSED April 18, 1881; 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 four hundred of the laws of eighteen hundred and seventy-three, entitled "An act to alter, open and improve the canal in and along the west branch of Newtown creek, within the city of Brooklyn, to construct a bridge over the same, and to alter the commissioner's map of the town of Bushwick, in relation thereto," is hereby amended so as to read as follows: § 1. The westerly line or side of the canal in and along the west branch of Newtown creek, within the city of Brooklyn, shall, after it reaches a point in the southerly side of Remsen street, now called Maujer street, distant eight hundred and thirty-eight feet and threefourths of an inch easterly from the easterly side of Morgan avenue, as laid down on the map on file in the office of the clerk of the county of Kings, entitled "Map of the northerly part of the town of Bushwick, Kings county, Long Island, showing the same as laid out into streets and avenues by commissioners appointed by an act of the legis lature of the state of New York, passed April fourteenth, eighteen hundred and fifty-two, entitled An act authorizing a permanent plan to be made for the locality of streets, roads and avenues in the town of Bushwick, county of Kings,' and amended by an act passed June eighteenth, eighteen hundred and fifty-three, southerly from Dickinson street and Randolph street, as laid down in said map, shall run thence westerly along the southerly side of Remsen, now called Maujer street, to a point four hundred and eighty-nine feet easterly from the easterly side of Morgan avenue, and thence the east side of the said canal shall run southerly on a line parallel with Morgan avenue to a point distant two hundred feet south of Montrose avenue as laid down on the said map. The easterly line or side of said canal shall be continued from Easterly a point on the northerly side of Wyckoff, now called Ten Eyck street, line. distant two hundred and eighty feet easterly from the cast side of Vandervoort avenue, as laid down on said map, south-easterly one hundred and twenty-eight feet, eight and one-quarter inches, in a straight line to a point distant six hundred and seventy-one feet westerly from Varick avenue, as laid down on said map, and thence southerly in a line parallel with Morgan avenue aforesaid, to a point distant two hundred feet south of Montrose avenue, as laid down on said map; and the southerly line of said canal shall be two hundred feet south from Montrose avenue aforesaid; Ten Eyck street, Meadow street, Stagg street, Scholes street, Meserole street and Montrose avenue, on the easterly side of said canal, are continued on the same lines as they now are, to the easterly side of said canal. city works out canal § 2. It shall be the duty of the department of city works of the city Depart of Brooklyn to excavate and dredge out the said canal at the intersection ment of of Metropolitan avenue and Grand street, and to build and construct a to dredge suitable bridge for the public travel for such avenue and street over the and build same at such intersection, with a draw of not less than thirty feet in bridge. width in the clear; and the cost of such excavation and dredging and the building and construction of such bridge shall be defrayed by the city of Brooklyn, and shall be levied and collected in the next annual taxes to be raised in and for the said city. railroad bridges §3. All railroad companies which have, or shall hereafter have, Draws in bridges crossing the said canal for their own accommodation, shall road build therein suitable draws of thirty feet in width for the passage of boats or vessels navigating the said canal, and excavate and dredge the canal thereunder. § 4. All acts and parts of acts inconsistent with this act are hereby repealed. § 5. This act shall take effect immediately. CHAP. 99. AN ACT to amend title eleven of chapter eighteen, laws of eighteen hundred and sixty-two, entitled "An act to revise the charter of the city of Utica." PASSED April 13, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows; SECTION 1. Title eleven of chapter eighteen of the laws of eighteen hundred and sixty-two, entitled "An act to revise the charter of the city of Utica," is hereby amended so as to read as follows: City to be regarded § 125. The city shall be regarded as one of the towns of Oneida as a town county under the provisions of article fifth, chapter eleven of part one of county. of the Revised Statutes. Auditors. Terms of office. § 126. Within thirty days after the passage of this act, the mayor of the city of Utica shall appoint four persons, residents thereof, to the office of town auditor, who shall be selected in equal numbers from each of the two leading political parties. The said auditors shall meet at the city clerk's office within five days subsequent to such appointment and notice thereof, and shall there be classified by lot in terms of one, two, three and four years respectively. The term of all persons appointed under this act, except to fill vacancies, shall commence on the first day of June succeeding such appointment, and shall continue until his successor is duly appointed and has taken and filed his oath of office. The mayor shall annually, on the first Monday of April thereafter, appoint an auditor for the term of four years, to supply the place of the one whose term of office will expire on the first day of June thereafter, and all appointments of persons to fill vacancies occurring from any cause shall be made from the same political party, and of like political faith, of the one in whose place and stead such appointment shall be made. The mayor may suspend or remove any auditor upon charges of neglect of duty, official or other misconduct, but no removal shall be made except upon charges furnished in writing, and a suitable opportunity given to the accused to be heard in defense thereof. Resignations may be made to the mayor, who shall immediately fill such vacancy for the residue of the term Only per- thereof respectively. No person shall be eligible to such office, who was not duly assessed in his name upon the assessment-rolls of said city, made next preceding his appointment, as possessing in his own right taxable property to an amount not less than fifteen hundred dollars, and when such person shall not be possessed of such property, or shall not be assessed therefor, his office shall thereby become forfeited, and the mayor shall thereupon certify that the same is vacant; and during the time in which he shall hold the said office of auditor, he shall be ineligible to, and shall hold no other office arising from, or connected with, the government of said city. Mayor may suspend, etc. Resignations. sons as sessed to be appointed. Powers of board of Janitor and mes. senger § 127. The said board of auditors shall have the sole power of auditing all claims and demands against the town of Utica, and for such auditors. purpose shall meet annually on the day succeeding the annual general election. They shall choose one of their number chairman, and the city clerk shall be clerk of the board. They shall also meet on the first Wednesday of March annually, for the purpose of auditing accounts and claims connected with the maintenance of the local poor only, arising between said time and the last annual meeting of said board. No audit of such accounts or claims shall be made, except at such sessions of the board. The common council shall furnish a suitable room, and janitor and messenger for the use of said auditors, and no expenses connected therewith shall be allowed by said board. The said auditors shall each be paid fifty dollars, as annual salaries, which shall be in full compensation for all services rendered by them respectively as such, to be audited and paid in the same manner as other town charges in said city are so paid. No member of said board shall vote upon the allowance of any account or claim which he may have against said town, or in which he may have any pecuniary interest, Claims not except his salary as herein provided. No account shall be audited by filed not to said board unless the same is presented to, or is filed with the clerk, audited. or is otherwise in possession of said board within three days from the Salaries. be |