nance or operation of any elevated or other railway upon McDonough street, in the city of Brooklyn, or any portion of the same, unless the consent of a majority of the owners of property in numbers and in value thereof, bounded on said McDonough street, be first obtained in writing duly acknowledged as are deeds enti tled to be recorded.

§ 2. This act shall take effect immediately.

Grading

and im

of lands.

Issue of bonds therefor.

Chap. 587.

AN ACT to provide for the grading and other improvement of certain park lands in the city of Brooklyn, and to provide the means therefor.

BECAME a law May 9, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. The commissioner of parks of the city of Brooklyn provement is hereby authorized to grade and otherwise improve such portions as he, in his discretion, may deem proper, of the land here. tofore acquired of Prospect park in said city, which is bounded by the Plaza, Flatbush avenue, the eastern parkway, and the patent line between the city of Brooklyn and the town of Flatbush. For the purpose of meeting the expenses of such grading and improvement, the mayor, comptroller and city clerk of said city, are hereby authorized to prepare and issue bonds of said city, to be called "east side park land grading bonds," signed, sealed and countersigned in the same manner as other bonds of Limitation. Said city. The total issue of said bonds shall not exceed the sum of fifty thousand dollars, and shall be issued for such periods and in such series as the mayor and comptroller shall determine. Proceeds of The proceeds from the sale of said bonds shall be paid into the city treasury, to be expended from time to time as may be required for the purposes authorized by this act, in the same manner as other money is drawn from said treasury.

sale.

§ 2. This act shall take effect immediately.

Chap. 588.

AN ACT to facilitate state commerce by increasing the depth of water in the Erie basin at Buffalo.

BECAME a law May 9, 1894, with the approval of the Governor.

three-fifths being present.

Passed,

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

and im

ments of

Erie basin.

§ 1. The superintendent of public works is hereby authorized Deepening and directed, on or before the opening of navigation in the Erie provecanal in the year eighteen hundred and ninety-four, or as soon thereafter as practicable, to deepen and improve that portion of the Erie basin at Buffalo to a uniform depth of eighteen feet, not heretofore deepened and improved, lying between West Genesee street and the south side of slip number two, this deepening and improving not to exceed one hundred feet in width.

for work.

§ 2. The performance of all work provided for by this act shall Contract be by contract entered into and duly executed by and between the superintendent of public works and the contractor or contractors performing the same, except such portion thereof as in Discretionthe judgment of the superintendent of public works and the state ary powers. engineer and surveyor can not be so done to the best interests of the state.

how let.

§ 3. This contract shall be given to the lowest bidder or bidders, contract, giving ample security for the performance of the work in all respects according to such contract, after being advertised by the superintendent of public works for a period of not less than five days in such number of papers, and published in such localities, as he shall deem best for the interests of the state. The notices of Notice of letting, letting shall be signed by the superintendent of public works and published as aforesaid, and shall state the work to be done and the length of time which will be given for the completion of the work, the amount of security required and the conditions of the bonds to be furnished for the faithful performance of the contracts. Plans and specifications shall be prepared by the Plans. state engineer and surveyor, for the proposed deepening and improving of the Erie basin as aforesaid. The superintendent of Right to de public works and the canal board shall reserve the right to tracts for declare any contract forfeited whenever in their judgment the

clare con

feited.

Appropriation.

Comptrol

ler may borrow money.

Repeal.

Charter amended.

Annual city tax.

Police.

work thereunder is not being performed in good faith in the interests of the state.

§ 4. The sum of twenty-nine hundred and twenty-five dollars, or so much thereof as may be necessary to carry out this improvement, is hereby appropriated out of any moneys in the treasury not otherwise appropriated to be paid by the treasurer on the warrant of the comptroller to the order of the superintendent of public works.

§ 5. The comptroller is hereby authorized to borrow, from time to time, such sums as the superintendent of public works may require, not exceeding twenty-nine hundred and twenty-five dollars in the aggregate, and the money borrowed he shall refund from moneys received from taxes levied to meet this appropriation. § 6. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 7. This act shall take effect immediately.

Chap. 589.

AN ACT to amend chapter two hundred and fourteen of the laws of eighteen hundred and eighty-eight, entitled "An act to revise the charter of the city of Binghamton," and the several acts amendatory thereof.

BECAME a law May 9, 1894, with the approval of the Governor, Passed. 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 title six of chapter two hundred and fourteen of the laws of eighteen hundred and eighty-eight, entitled "An act to revise the charter of the city of Binghamton," is hereby amended so as to read as follows:

§ 1. The common council shall have power to cause to be raised annually, a sum not exceeding eight thousand dollars to defray the ordinary and contingent expenses of the city; a further sum not exceeding the sum of twenty-five thousand dollars, to defray the expenses of the police department; a further sum not exceed ing twenty thousand dollars to defray the expenses of the fire Hospitals department; a further sum, not exceeding three thousand dollars, to aid in defraying the expenses of a non-sectarian city hospital; a further sum not exceeding three thousand dollars, for hospital

Fire department.

and board

street

etc.

debt.

purposes and expenses of the board of health and examining and surpervising board of plumbers and plumbing; a further sum not Ross park. exceeding three thousand dollars to be paid to the commissioners .of Ross park for improvement and management of said park; a further sum, not exceeding fifty cents for every one hundred dol-Highways, lars of the assessed valuation of the taxable property in said city, to be determined from the last annual assessment-roll of said city to defray the expenses of providing lamps and lighting the city, and of making, grading, repairing and improving the highways, streets, lanes, alleys, bridges, public grounds, sidewalks, crosswalks and gutters in said city; and in addition thereto, a further Public sum sufficient to pay all installments of principal and interest or the public debt of the city of Binghamton coming due during the ensuing year. But nothing in this section shall prohibit the Proviso as raising of any further sum in any one year for local improve prove ments as in this act otherwise provided. All sums to be raised by a general tax in pursuance of this act shall, except as herein General otherwise provided, be assessed and rated upon and among the rated and owners of real and personal estate, incorporated companies and associations named in the revised assessment-roll, in proportion to the valuation therein stated, in the same manner and proportion, as near as may be, as taxes in and for the county of Broome are rated and assessed.

§ 2. This act shall take effect immediately.

Chap. 590.

AN ACT to provide for the repayment of moneys to the chamberlain of the city of Albany, heretofore paid to the superintendent of public works, for the construction of a lift or hoist-bridge on Water street, over the Erie canal, in the city of Albany, and the repayment of the same by the said city.

BECAME a law May 9, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

to local im

ments.

tax, how

assessed.

to city lain.

Section 1. There shall be paid by the treasurer, on the warrant Repayment of the comptroller, to the chamberlain of the eity of Albany, the chambersum of six thousand dollars, being one-half the amount heretofore paid by said chamberlain to the superintendent of public

works for the removal of the old bridge and approaches thereto in Water street, over the Erie canal, in the city of Albany, and for the construction of the present lift or hoist-bridge in said street Appropria- over said canal, and said sum is hereby appropriated for that purpose and shall be paid from the general fund.

tions.

Repay. ment by city to per

sons as

sessed, etc.

§ 2. The chamberlain of the city of Albany, on receipt of said sum of six thousand dollars, shall repay to the persons or corporations assessed for the work mentioned in section one, the amounts which the said persons or corporations which have been paid the assessment for the work mentioned in section one of this act or who have purchased property sold under such assessment to each or to the heirs, successors, legal representatives or assigns of each, one-half of such assessment imposed upon each lot, the assessment on which has been paid or which has been sold Releases to for the assessment, provided that each party so paid shall release the said city of Albany from all claims or liability in respect to such assessment.

City.

Construction of bridge.

Plans and specifications.

Appropri

ation.

§ 3. This act shall take effect immediately.

Chap. 591.

AN ACT authorizing the construction of a wrought-iron bridge over the Tonawanda creek at Pickardsville, in the counties of Niagara and Erie, and making an appropriation therefor.

BECAME a law May 9, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. The superintendent of public works is hereby authorized to remove the bridge now spanning the Tonawanda creek at Pickardsville, in the counties of Niagara and Erie, and to erect in its place a wrought-iron bridge with suitable piers.

§ 2. The work herein authorized shall be performed in accordance with plans and specifications to be furnished and approved by the state engineer and surveyor.

§ 3. The sum of thirteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purposes specified in this act, out of any moneys in the treasury not otherwise appropriated, to be paid by the treasurer upon the warrant of the comptroller to the superintendent of public works. § 4. This act shall take effect immediately.