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lot owners.

the city at large shall be included in the next annual tax levy, and one of the remaining equal annual installments thereof shall be included in each succeeding annual tax levy, with interest at the rate borne by the bonds or notes issued to provide money to pay for such improvement as herein before provided, on the amount of the part of such damages, costs and expenses or of the expense of such local improvement to be paid by such general tax remaining unpaid; such interest to be calculated up to the time when the next installment of interest on such bonds or notes becomes payPayable by abie. The first of such equal annual installments to be paid by the owners of lots or parcels of land, against which such special assessment shall be assessed by the commissioners in such condemnation proceedings, pursuant to section one hundred and fortyfive of this act, or by the assessor of said city, pursuant to section one hundred and forty-seven of this act, shall be payable after the delivery of the warrant for the collection thereof to the treasurer, in the manner prescribed for the payment of taxes, by title twelve of this act, and one of such equal annual instalments, shall be due and payable annually thereafter in the same manner, and without any further or additional notice, until the whole amount Interest on of such special assessment is paid. There shall be due and pay able with each installment of said assessment, as a part of the assessment, interest at the rate borne by the bonds or notes issued to provide money to pay for such improvement as herein before provided upon the entire amount of such assessment remaining Payment unpaid. The owner of any lot or parcel of land so assessed may at any time pay to the city treasurer the entire amount of the assessment on his land with the interest accrued thereon up to the time of such payment, and thereupon such lot or parcel of land shall Collection be discharged of and from the lien of such assessment. In case install- any installment of such assessment, together with the interest due thereon, shall not be paid when it shall become due and payable as herein provided, the same proceedings shall be had for the collection of such unpaid assessments, including the sale of the lands against which said assessments may have been assessed as are authorized and provided by title twelve of this act, for the collection of taxes, levied by the said common council in said annual tax levy. In case of the sale by the owner of the lands assessed, they shall be sold subject to the lien of all portions of such assessments as shall be payable subsequently, and all other

installments.

of entire assessment.

of unpaid

ments.

.

Council

ment of

damages,

of improve

city assessments then a lien thereon. The common council may may provide for the payment of the damages, costs and expenses in the Provide condemnation proceedings brought by the city of Kingston against certain the Union Plank Road Company of the City of Kingston and etc. others, amounting to the sum of eight thousand, nine hundred and twenty-two dollars and ninety-nine cents, and of the damages, costs and expenses in the condemnation proceedings brought against Matilda O. Terry and others, amounting to the sum of three thousand, one hundred and twenty dollars and seventy-five cents, and for the payment of the assessments made or to be made by the commissioners in both of those proceedings, and for any other unfinished local improvement to be paid for by special assessment, in the manner herein provided. Where the total ex- Exception pense of any improvement mentioned in this section shall not ments. "exceed the sum of five hundred dollars, the common council may by ordinance declare such improvement excepted from the operation of this section, but such exception shall not allow the same, if to be paid for by special assessment, to be done otherwise than by contract let to the lowest responsible bidder. In the case of an Issue of improvement so excepted the common council shall, on the com notes. pletion and acceptance of the work issue the bonds or notes of the city payable not more than six months from the date thereof with interest at a rate not greater than four per centum, and, with the proceeds thereof sold at not less than par as hereinbefore provided pay the contractor for such improvement. Said bonds or notes shall be paid from the assessment and taxes therefor when collected.

§ 2. This act shall take effect immediately.

Chap. 594.

AN ACT authorizing boards of supervisors to acquire the rights, franchises and property of individuals and corporations exacting toll for the use of turnpikes, plank roads and bridges. Became a law May 16, 1899, 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:

bonds or

tion of

Section 1. The board of supervisors of any county, except a Acquist county wholly within the city of New York, and except the coun- rights and ties of Onondaga, Erie and Essex, may by a vote of a

franchises

Corpora

Upon the

majority of the members thereof, by resolution, determine to ac quire the rights and franchises of any individual or corporation, lawfully entitled to exact a toll or charge for walking, riding or driving over any plankroad or turnpike, or a bridge within such county, erected over an unnavigable stream. adoption of such resolution, the board of supervisors shall acquire such rights, franchises and property by purchase, if able to agree with the owners thereof, and otherwise tions may by condemnation in the name of the county. Any turnpike, plankdisposal of road or bridge corporation may by the affirmative vote of stockholders owning a majority of the stock thereof, expressed in writ ing or at a special meeting of the stockholders of such corporation held upon written notice of at least ten days to all the stockholders thereof, authorize its board of directors or trustees, to dispose of the rights, franchises and property of such corporation within a county, pursuant to this act for a specified sum; and thereupon the board of directors or trustees of such corporation may convey and sell such rights, franchises and property to the county accordingly.

authorize

same.

Issue of

bonds, etc.

Apportionment upon highway districts.

Roads, etc. acquired part of highway system.

§ 2. The board of supervisors of such county may borrow money for the acquisition of such rights, franchises and property, and may issue the bonds or other evidences of indebtedness of the county therefor, but such bonds or other evidences of indebtedness shall not bear a rate of interest exceeding five per centum per annum and shall not run for a longer period than twenty years and shall not be sold for less than par.

§ 3. The amount of such bonds together with the interest thereon shall be apportioned by the board of supervisors upon the towns, cities and villages constituting separate highway districts, in which such plank road, turnpike or bridge is located in such proportions as the board may deem just; and the amount so apportioned to each municipality for the payment of the principal and interest of such bonds shall be annually levied and collected at the same time and in the same manner as money for other county charges.

§ 4. A plank road, turnpike or bridge acquired pursuant to this act shall become part of the highway system of such county, and of the towns, cities and villages in which the same is located, and shall thereafter be repaired and maintained in the same manner as the other highways and bridges therein.

when roads

more

counties

§ 5. When a plank road, turnpike, tollroad or bridge is partly Proviso in one county and partly in another, the board of supervisors of in two or the said counties shall act together, in the manner prescribed above, and determine the amount to be paid to said plankroad, turnpike, tollroad or bridge company, by each county, and such amount against each county, after such determination, shall be paid by each county.

§ 6. This act shall take effect immediately.

Chap. 595.

AN ACT to amend chapter eight hundred and eighteen of the laws of eighteen hundred and sixty-eight, entitled "An act to incorporate the village of Port Chester."

Became a law May 16, 1899, 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:

charter

Section 1. Subdivision sixteen of section one of title three of Village said chapter eight hundred and eighteen, entitled "An act to amended. incorporate the village of Port Chester" is hereby amended to read as follows:

and mar of village.

16. To survey the boundaries and streets of said village, estab- Survey lish the same, and make a map thereof, and of the said village, and to provide the means for the payment of the cost of making a map of the village by issuing the bonds thereof, said bonds to be of such denomination, bear such rate of interest and mature at such time or times as the trustees shall determine, and to raise by taxation, the moneys necessary to pay such bonds, principal and interest as they may mature.

§ 2. Said section one of title three as amended by chapter one hundred and fifty-six of the laws of eighteen hundred and eightyone which said chapter adds subdivision twenty-one, as amended by chapter two hundred and twenty of the laws of eighteen hundred and eighty-three which said chapter adds subdivision twenty-two, as amended by chapter six hundred and twenty-three of the laws of eighteen hundred and ninety-four, which said chapter added new subdivisions from twenty-three to thirty-six both inclusive, is hereby further amended by adding thereto the fol

Street

sprinkling by railway

lowing subdivision to be numbered thirty-seven and to read as follows:

37. To compel all street surface railway companies now operacompanies. ting or that may hereafter operate any street railway in the streets, avenues, highways and public places of said village, to sprinkle between the rails of its tracks and two feet outside of its tracks.

of lands

ings.

§ 3. Title three of said chapter eight hundred and eighteen is hereby further amended by adding thereto an additional section numbered eleven and to read as follows:

Acquisition § 11. The trustees are hereby authorized and empowered to build acquire by purchase, lands and buildings for the use of the fire department, and for any other village or corporate purpose, and to acquire title in fee, by condemnation or right of eminent domain, of lands for any public or corporate purpose, and may is sue bonds to pay for the same, payable in such time and in such manner and at such rate of interest as they may by resolution determine. The said trustees may and shall have power and authority to sell, convey and dispose of any lands owned by the village at public auction, or that may not be necessary for the use of the village or of any department thereof, or that may cease to be used, or be inconveniently located, or for other cause.

Sale of lands.

Separate road Jistrict.

trustees.

§ 4. Section one of title five of said chapter eight hundred and eighteen, as amended by chapter sixty-five of the laws of eighteen hundred and eighty-eight, as amended by chapter two hundred and fifty-six of the laws of eighteen hundred and ninety, is hereby amended to read as follows:

§ 1. The said village is hereby declared a separate road district, exempt from the superintendence and control of the commissioners of highways of the town of Rye, and the trustees Powers of shall possess all the powers given by law to the commissioners of highways of towns within the limits of said village, and the charge and expense of working and repairing all roads declared public highways in said village, and also for And bridges making, altering, repairing and improving bridges on or the same, and upon or over any streets or highways in said village, except bridges over the Byram river between the village of Port Chester and the town of Greenwich, in the state of Connecticut, shall be raised by tax upon the taxable inhabitants and property of said village, in the

Cax for ways

over

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