Amount of to be rais ed. Chap. 34. AN ACT to amend an act entitled "An act to amend the charter and several acts relating to the village of Waterford, and to incorporate the same into one act," passed April eleventh, eighteen hundred and fifty-nine. Passed March 18, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The twelfth section of the act entitled "An act to amend the charter and several acts relating to the village of Waterford, and to incorporate the same into one act," passed April eleventh, eighteen hundred and fifty-nine, is hereby amended so as to read as follows: The annual meeting or special meeting held pursuant general tax to this act, shall determine what sum shall be raised by general tax upon the taxable property in the village, for the ordinary expenses of the village. The amount of the general tax shall not exceed fifteen hundred dollars in any one year, and the failure of the annual meeting to fix upon the sum to be raised, shall be deemed the adop tion of the sum which was so raised the last preceding year. Tax; how to be as sessed. § 2. The seventeenth section of said act is hereby amended so as to read as follows: When the entire estimated expenses for all special objects for which a tax shall be directed to be raised in any one year shall not exceed fifteen hundred dollars, the whole amount thereof shall be assessed and the warrant for the collection thereof issued within the year in which such tax was directed to be raised. If the whole amount required exceed that sum, that the meeting may direct what portion shall be assessed the first year and the residue with necessary interest, and a warrant issued therefor during the second year thereafter. Chap. 35, AN ACT for the relief of Cora Moffat and Myra deceased. Passed March 18, 1868. Whereas it is alleged to be advantageous to all the Preamble. owners of certain adjoining lots in the city of New York, hereinafter mentioned, to erect a party wall between the said lots, but by reason of the infancy of the owners of one or more of the said lots, it is alleged that no valid agreement to that effect can be made. Now, therefore : The People of the State of New York, represented in Senate and Assembly, do enact as follows: of party SECTION 1. Richard E. Mount, of the city of New Agreement York, testamentary guardian of the estate of Cora Moffat for erection and Myra Moffat, infant children of William B. Moffat, wall. deceased, and his lawful successors, are hereby authorized and empowered to execute in writing, under seal, an agreement in due form of law, with George D. Post and Benjamin L. Swan, executors of and trustees under the last will and testament of Allison Post, deceased,. their successors and assigns, to provide for the erecting of a party wall between the premises owned by said infants, now known as number three hundred and thirtyfive and three hundred and thirty-seven Broadway, and the premises owned by said executors, now known as number three hundred and thirty-nine Broadway, in the city of New York, upon such terms and conditions as, in the judgment of said guardian, or his lawful successors, shall be most beneficial to the interests of said infants. Provided, however, that any wall erected in Proviso. pursuance of such agreement shall, in all respects, conform to the Laws of the State of New York and the municipal regulations of the city of New York, in such case made and provided. of supreme §2. Any such agreement, so made as aforesaid, when Approval approved by one of the justices of the supreme court, court. shall be valid and effectual to bind said infants, their heirs and assigns, and said executors, their successors and assigns forever. §3. This act shall take effect immediately. Hydraulic chute to be erected. Chap. 36. AN ACT to regulate the compensation of the SECTION 1. The county treasurer of Onondaga county shall hereafter receive for his services such compensation as shall be fixed by the board of supervisors of said county, not exceeding the half of one per cent for receiving and the half of one per cent for disbursing all moneys which he may receive or pay out, and not to exceed the sum of two thousand and five hundred dollars per annum. § 2. All laws inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. Chap. 37. AN ACT to authorize the building of a hydraulic chute for the transportation of lumber from the head waters of Trout brook to Beaverkill river, in the town of Hancock, Delaware county, New York. Passed March 19, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Trout Brook and Beaverkill Hydraulic Chute Company are hereby authorized to erect, build and maintain a hydraulic chute in the town of Hancock, Delaware county, State of New York, to extend from a point to be fixed upon by said company, at or near the head waters of Trout brook, along or near the margin of said brook to the Beaverkill river; to facilitate and cheapen the transportation of lumber from a large section of timbered lands, which are not provided with roads to said river. tion may ers. quire lands. § 2. The said company is hereby empowered to pur- Corporachase, receive and hold such real estate as may be neces- purchase sary and convenient for said company to accomplish the lands. object for which it was incorporated, and to purchase and hold such lands as may be needed upon which to construct, repair and work a continuous line of chute, for the distance and purposes hereinbefore named; and if May conneeded to construct feeders at such points as may be nec- struct feedessary to fill said chute sufficiently to properly float said lumber, and take sufficient water from said Trout brook or its tributaries to accomplish the purposes of said chute. In case of disagreement between said corpora Proceedtion and owners of water power or of land over which ings to ac said chute shall pass, as to the amount of damages arising from such diversion and use of water or occupancy of land, the said company may present their petition to the supreme court of the sixth judicial district at a special term thereof, setting forth the circumstances of the case, the claim for damages, the attempt and failure to settle the same, the names and places of residence of the parties so far as the same can with reasonable diligence be ascertained, who own or claim to own or have or claim to have interests in the said real estate, and if any are infants their ages as near as may be, and the reasons why said claims cannot be settled. Said petition shall be duly verified, and shall also in effect state that the company has surveyed the line or route of its proposed chute, and made a map or survey thereof by which said route or line is designated, and that they have located their chute according to such survey, and filed a certificate of such location signed by a majority of its trustees in the office of the clerk of Delaware county, and that the land described in said petition is required for the purpose of constructing or operating said chute, and said court shall direct such notice to be given to such claimant as he shall deem reasonable, specifying the time and place for hearing the parties; and upon Commisproper proof of due service of such notice as directed sioners of by such order being made to such court they shall appointment to be three competent and disinterested freeholders, residing in said county of Delaware, to appraise said damages. The said commissioners or a majority of them, after giv appraise appointed. Report. Compensation of commissioners. Persons injuring ing eight days' notice in writing to the claimant of said damages and to each other, shall appraise said damages, and shall award to the claimant thereof such sum as they shall deem to be the full value thereof. And such commissioners shall be authorized to administer oaths and hear testimony on behalf of the respective parties, and shall make their appraisement without delay, under their hands and seals, with a description of the lands and premises upon which said damages shall be claimed, and shall report the same to said court at a special term thereof in said district, who shall confirm or correct the same. After such report shall have been confirmed and due proof presented at a special term of said court, of the payment or tender to the claimant or claimants of said damages of the amount of such damages as reported by such commissioners and the payment of the expenses thereof, such court shall make an order describing the lands and premises upon which such damages shall have been so appraised, setting forth all necessary facts, and shall direct the order to be recorded in the office of the register of deeds or in the office of the county clerk in said county of Delaware, and said register or clerk is hereby required to record the same; which said payment, order and registration shall operate as a discharge to said company for all claims for damages by reason of the occupancy of said premises, and thereupon the company shall be entitled to enter upon take possession of, and use the said real estate for the purposes aforesaid, during the continuance of its corporate existence; and all persons who have been made parties to the proceedings shall be divested and barred of all right, estate and interest in such real estate during the corporate existence of said company. §3. There shall be allowed to such commissioners appointed as aforesaid, the sum of three dollars per day, to be paid by said company, for every day necessarily spent by them in the performance of their duties as such commissioners under this act. § 4. If any person shall willfully do or cause to be chute, guil done any act or acts whatsoever, whereby said structure or any appurtenances thereunto belonging, shall be ty of misdemeanor. impaired, obstructed, weakened, injured or destroyed, or |