sections eighteen hundred and seven to eighteen hundred and twentythree inclusive of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, sections eleven to twenty-seven inclusive of chapter two hundred and seventy-six of the laws of eighteen hundred and eighty-three and all acts amendatory of the above-mentioned acts or extending the provisions thereof, are hereby repealed. But this act shall not be so construed as to affect, enlarge, invalidate or defeat any lien or right to a lien now existing, or any proceeding to enforce such lien, now pending by virtue of any of the provisions of the acts hereby repealed, nor to revive any other or former acts or parts of act repealed by the acts hereby repealed.

§ 27. This act shall take effect immediately.

Chap. 343.

AN ACT to amend an act entitled "An act to found a State Woman's Hospital," passed April eighteenth, eighteen hundred and fifty-seven.

PASSED May 27, 1885.

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

SECTION 1. The fourth section of the act entitled "An act to found a State Woman's Hospital," is hereby amended so as to read as follows:

of the

ors.

§ 4. The governor of the state, the mayor of the city of New York, Honorary the president of the State Medical Society, the president of the New members York Academy of Medicine, and the presidents of the following medical board of colleges, namely: The College of Physicians and Surgeons of the City of governNew York, the Medical Department of the University of New York, the New York Medical College, the Albany Medical College, the Medical Department of the University of Buffalo, shall, by virtue of their respective offices, be honorary members of the board of governors. Notice of meetings of the board of governors shall not be required to be given to them, and they shall not be entitled to vote.

§ 2. The fifteenth section of the above-named act is hereby amended so as to read as follows:

§ 15. This corporation shall possess the general powers and be sub- Corporate ject to the general restrictions and liabilities in the third title of the powers. eighteenth chapter of part first of the Revised Statutes.

§ 3. This act shall take effect immediately.

Common council

Co or row 860, indebted

000 to pay

ness.

May issue

Chap. 344.

AN ACT to authorize the city of Oswego to borrow money and to raise by tax upon the real and personal property of said city a sum sufficient to repay the same.

PASSED May 27, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Oswego is hereby authorized to borrow on the credit of said city the sum of sixty thousand dollars for the purpose of paying the treasury warrants of said city that were outstanding on the twentieth day of February, eighteen hundred and eighty-five, which sum when so borrowed shall be used solely for the purpose of paying the said indebtedness as aforesaid.

§ 2. The common council of said city shall issue twelve notes of said city, each for the payment of the sum of five thousand dollars, to be cuted by executed by the mayor under the seal of the city. One-third of said

notes to be exe

mayor.

Tax to

pay same.

amount shall become due and payable October fifteenth, eighteen hundred and eighty-five; one-third October fifteenth, eighteen hundred and eighty-six, and the balance October fifteenth, eighteen hundred and eighty-seven, with interest payable semi-annually at five per centum per annum, and said notes shall not be sold less than par.

§ 3. The said common council is hereby authorized and directed to levy and assess upon the real and personal property of said city, in addition to the sums which it is authorized by the charter of said city to raise, by general tax, in the year eighteen hundred and eighty-five, twenty-two thousand two hundred and fifty dollars; in the year eighteen hundred and eighty-six, twenty-one thousand five hundred dollars; and in the year eighteen hundred and eighty-seven, twenty thousand five hundred dollars, which sum shall be included in the general annual tax of said city, and shall be levied and collected at the same time and in the same manner and as a part of the general annual tax of said years, and shall be applied, when collected, in payment of the notes so issued and the interest thereon.

§ 4. This act shall take effect immediately.

claims to

Chap. 345.

AN ACT for the relief of persons whose lands are damaged by the overflow of water, caused by the state dam at Waterloo.

PASSED May 27, 1885; three-fifths being present.

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

Board of SECTION 1. The board of claims of this state is hereby authorized and hear and empowered to hear, audit and determine the claims for damages of determine persons owning real property adjacent to or bordering upon Seneca damages. lake, or its inlets in said state, by reason of the overflow of water,

caused by the state dam at Waterloo and the flush-boards kept thereon, within the six years immediately preceding the filing of such claims with said board of claims.

Chap. 346.

AN ACT to provide for relaying a portion of the sewer of the New York State Reformatory.

PASSED May 27, 1885; three-fifths being present.

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

er.

SECTION 1. The sum of ten thousand dollars, or so much thereof as $10,000 apmay be necessary, is hereby appropriated for the purpose of relaying propriat a portion of the sewer of the New York State Reformatory in the town lay sewand city of Elmira, in compliance with the recommendations of the state board of health. This work shall be done under the direction of the superintendent of public works in accordance with a plan approved by the state board of health.

mission to

in streets

§2. No work shall be done until the proper authorities of the city of City to Elmira shall have given permission to lay said sewer in the streets of give per said city and connect it with the sewers of said city, and in considera- lay sewer tion of the city's granting to the state such privileges and further before agreeing to care for and maintain all of said state reformatory sewer work is within the corporate limits of said city, the state shall grant to said ed." city of Elmira the use of said sewer when it shall have been completed.

§ 3. The moneys hereby appropriated shall be payable by the state treasurer, on the warrant of the comptroller, out of any funds not otherwise appropriated, to the superintendent of public works, on the presentation of the proper vouchers therefor.

§ 4. This act shall take effect immediately.

commenc

Chap. 347.

AN ACT to amend chapter twenty-six of the laws of eighteen hundred and eighty-five, entitled "An act to revise, amend and consolidate the several acts in relation to the city of Syracuse, and to revise and amend the charter of said city."

PASSED May 27, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section fifteen of chapter twenty-six of the laws of eighteen hundred and eighty-five, entitled "An act to revise, amend and consolidate the several acts in relation to the city of Syracuse, and to revise and amend the charter of said city," is hereby amended so as to read as follows:

Officers.

By whom

§ 15. The officers of the city to be appointed shall be a city clerk, a city treasurer, a city engineer, a superintendent of streets, a city attorney, a mayor's clerk, one hundred commissioners of deeds, an examiner of weights and measures, a weigher of hay, and such sextons, poundkeepers and other subordinate officers as the common council may deem necessary.

§ 2. Section sixteen of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

§ 16. The mayor shall appoint the city engineer, the superintendent appoint of streets, the city attorney and the mayor's clerk; the others shall be appointed by the common council by ballot.

Official newspa

pers.

City engi

of office

and du.

ties of.

§ 3. Subdivision six of section twenty-three of said chapter twentysix of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

6. To designate two daily newspapers in the city in which shall be published all proceedings, notices, resolutions, ordinances or acts of the common council; such newspapers shall, however, be of opposite politics and fairly represent the two principal parties into which the people of the county are divided.

§ 4. Section forty-six of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

§ 46. City engineer.-The mayor shall appoint the city engineer, and neer, term the term of office shall be one year. He shall keep his office in the city hall, and shall attend there personally each day at certain hours, of which public notice shall be given. He shall keep there a book of records in which he shall enter the survey and map of every street, park, cemetery, avenue or lane and the grade thereof, and the sidewalk, sewers and inlets which are or may be established by the common council. Such book shall be properly indexed by him and transmitted, with all other matters pertaining to his office, to his successor. § 5. Section forty-eight of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

Superin.

streets,

fice and

§ 48. Superintendent of streets.-The mayor shall appoint the supertendent of intendent of streets and the term of office shall be one year. He shall, term of of under the mayor and common council, superintend all repairs and imduties of provements upon, and the cleaning of streets, avenues and public places of the city; the building and repairing of sewers, crosswalks, gutters and bridges, the digging of reservoirs, wells and cisterns, the laying of gas and water pipes and the setting of hydrants in the streets, except as otherwise provided.

Local improve

ed by lo

must be

§ 6. Section one hundred and thirty-nine of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

§ 139. Before any local improvement shall be undertaken, the exments to pense of which is to be defrayed wholly or partly by local assessment, be defray it shall be necessary for the owners of at least one-half of the total cal assess- number of front feet, lineal measurement, or at least one-half in numments; ber of the owners of the property on the street or part of a street in or petition upon which the proposed improvement is to be made, to petition, request or consent in writing for the making thereof. Upon the receipt of any such petition, request or consent the common council shall cause a printed or written notice of the proposed improvement to be served on the persons owning property fronting upon the street or part of the street in or upon which such improvement is proposed to be made.

ed for,

etc.

notice.

Such notice shall be served upon each owner personally or by leaving Service of the same at his residence with some person of suitable age and discretion if he be a resident of the city, but if he reside elsewhere such notice may be served on his agent or other person having the property in charge, or by depositing the same in the post-office, properly inclosed, and directed to such owner at his last known place of residence. If there be two or more owners of any one piece of property, service upon any one of them shall be sufficient.

§ 7. Section one hundred and forty-one of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

notice as

examine

§ 141. Before the common council shall direct the service of the Before notices aforesaid, it shall be the duty of a majority of the assessors to service of examine such petition and certify that the owners of at least one-half of sessor to the total number of front feet, lineal measurement, or at least one-half in petition, number of the owners of the property on the street or part of street in etc. or upon which the proposed improvement is to be made, have signed the same, which certificate shall be indorsed upon said petition and shall be prima facie evidence of the facts therein contained.

§ 8. Section one hundred and forty-two of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

ment, as

of.

§ 142. Upon the certificate of the city engineer that the work of any Cost of local improvement has been completed, the common council shall direct improve the cost thereof to be assessed by the assessors of the city, and it shall sessment be their duty immediately to assess the cost of such local improvement upon the property fronting upon the street or part of a street, in or upon which the improvement has been made, in an equitable manner, as near as may be, in proportion to the benefits which each owner of such property may be deemed to derive therefrom, without reference to erections or improvements thereon.

§ 9. Section one hundred and forty-eight of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

to make

and pre

pare esti

be served.

§ 148. The city engineer shall thereupon make a survey and prepare Engineer an estimate of the amount of material required, and also the amount survey of each kind of excavation, together with the total cost of the same, and file such estimate with the clerk. The common council shall there- mate. upon cause such notices to be served as provided in said sections at Notices to least ten days before the work shall be ordered, and shall also cause similar notices to be published in the official papers for one week, the first publication to be at least ten days before the work shall be ordered, and such notices shall specify the size and estimated cost of such sewer and the points between which it is to be constructed.

§ 10. Section one hundred and fifty of said chapter twenty-six of the laws of eighteen hundred and eighty-five is hereby amended so as to read as follows:

construc

as other

prove

§ 150. The cost of constructing any sewer shall be assessed and col- Cost of lected the same as other local improvements, except that whenever the tion to be common council shall order any sewer to be constructed of a size greater assessed than two feet in diameter, they shall cause the estimated expense of a local imtwo-foot sewer of the same kind on the same line to be assessed upon ments. the property fronting upon the line thereof, and the excess over and above such sum shall be paid by the city at large out of the contingent fund. It shall be the duty of the city engineer to furnish the common council with a certificate of the whole expense of such work, with an