continued. § 2. Such commissioner, unless otherwise directed by the mayor, Sewer to immediately thereafter shall proceed to have such sewer continued be and constructed in accordance with such plan and location, and the outlet now on Twenty-eighth street shall be closed and the wooden trunk on Twenty-eighth street shall be removed therefrom. The work of constructing such sewer shall be done by contract, and all specifications shall be made and all contracts shall be awarded by such commissioner to the lowest responsible bidder, after advertisements therefor for ten days in the corporation papers. of indebt pay cost. §3. To meet the costs of constructing such sewer under the provis- Certificates ions of this act, certificates of indebtedness of the city of Brooklyn, edness to bearing interest at a rate not exceeding five per centum per annum, issue to shall be issued by the mayor, comptroller and city clerk of the said city, from time to time, as may be required by said commissioner to the amount of the cost of such construction, and such certificate shall be so issued that the sum of one-tenth of their amount, or as near onetenth as can be estimated, shall be redeemed annually in each successive year after the contract for such work shall have been awarded. Provided, however, that if it shall have become impossible to place a Proviso. sum necessary for the redemption of one-tenth of said certificates in the tax levy of the year in which such contracts are made, then the first installment of such fund shall be placed in the tax levy of the first year thereafter, and the remaining nine installments respectively, in the nine successive years, and the comptroller of said- city shall sell said certificates and place the proceeds of such sales in the city treasury to meet the cost of such sewer, and to meet such interest on such certificates as may fall due before any fund therefor is realized by taxation as hereinafter provided. § 4. An amount sufficient to meet the annual interest charge and Tax. the part of the principal of such certificates of indebtedness, made payable in each year respectively, shall be annually collected and applied for such purpose as a part of the city taxes in such city. assess ment, etc. § 5. In case it becomes necessary, in carrying out the improvement District of herein before provided for, to construct a sewer through any part of any street or avenue not opened by law, and such sewer or drain cannot be constructed according to the plan and location fixed as hereinbefore provided, without being carried through any part of such street or avenue, not opened as a public street or avenue, it shall be lawful for said commissioner, on behalf of said city, to first fix a limit of the district of assessment for the cost of opening any such street or avenue, or part thereof, and thereafter to present a petition to the supreme court, at a special term thereof, held in the city of Brooklyn, for the appointment of three commissioners, to proceed to estimate and fix the damages to be paid for land and property taken to open said streets or avenues in the same manner as now provided by law for opening streets and avenues for sewerage purposes; and the said court, upon such application, shall be authorized to appoint such commissioners. Ten days' notice of such application Notice. shall be published in the newspapers employed by the common council of the city of Brooklyn for the publication of ordinances and notices stating district of assessment, and the time and place when such petition will be presented to the court. All parties in interest may be heard, and proof and evidence may be given before said court, and said court shall in a proper case make an order appointing such commissioners, and all laws not inconsistent with the provisions 1 1 be paid by lots not etc. of this act, in relation to opening streets and avenues in said city for sewerage purposes, the awarding of damages, making assessments a lien, and fixing districts of assessment, and collecting and paying such such assessments, and the passing of the title or easement, shall be applicable to any such street and the proceedings to open the same. Amount to § 6. Whenever any lot of land in said city lying between Twentyowners of eighth street, or a line in the same direction and in continuation of Twenty-eighth street, and the southerly city line of said city, and which is not now charged with, and has not paid an assessment for a main or trunk sewer, shall be connected with the sewer herein provided to be constructed, other than a storm or overflow sewer, or with any lateral sewer discharging into the same, there shall be collected for each such lot, before such connection is permitted, in addition to other charges by law or ordinance provided, the sum of twenty dollars, which sum shall be conveyed into the sinking fund of said city and applied to redeem obligations issued by said city under the authority of chapter five hundred and fourteen of the laws of eighteen hundred and eighty-one and the acts amendatory thereof; the sum thus collected shall be all the charge said city shall make against said lot for the construction of a main or trunk sewer. Such charge shall be made against each lot containing twenty-five hundred square feet outside of any street, and against each lot of less or greater dimensions in like proportion. deeds. § 7. All acts or parts of acts inconsistent with this act, or any part thereof, hereby are repealed so far as so inconsistent. § 8. This act shall take effect immediately. CHAP. 85. AN ACT to amend chapter one hundred and eighty-four of the laws of eighteen hundred and eighty-one, entitled "An act to revise the charter of the city of Yonkers." PASSED March 7, 1883; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seventeen of title eleven of chapter one hundred and eighty-four of the laws of eighteen hundred and eighty-one, entitled "An act to revise the charter of the city of Yonkers," is hereby amended so as to read as follows: Commis- § 17. The mayor, with the consent of the common council, may sioners,of appoint twenty-five commissioners of deeds, residing in the city. Ă certificate of their appointment, attested by the city clerk under the corporate seal, stating when the term of office of such commissioners. will cease, shall be filed with the county clerk of the county of Westchester, and their oaths of office must be taken before and filed with Powers of. him. Such commissioners of deeds shall possess the same powers and be entitled to the same fees as commissioners of deeds in cities. They shall have power to execute the duties of their office at any place within the county of Westchester. They shall hold their office for two years from the date of their appointment, unless such office shall meanwhile become vacant. Any commissioner of deeds may be re Term of Removal sess and ease gs to city moved from office, for cause, by a three-fourths vote of all the mem- from bers of the common council. In case of vacancy in such office, the office, etc. city clerk shall so certify, under the corporate seal, to the county clerk of Westchester county. Any such vacancy may be filled for the full term of two years, by appointment as aforesaid. The commissioners of deeds now in office shall continue in office for the term for which they have been respectively appointed. enty ation , and it for pror, or e col lition Fenty f said er the eigh; the gainst harge ndred ss or , may V. Å er the ioners Westwith s and They within 2. This act shall take effect immediately. CHAP. 86. AN ACT confirming the incorporation of the religious society PASSED March 7, 1883. The People of the State of New York, represented in Senate and valid. SECTION 1. The certificate signed, sealed, executed and acknowl- Certificate edged by Underhill Halstead and Daniel Strang, dated December sev- declared enteenth, eighteen hundred and eighty-two,* and recorded in the Westchester county register's office, December twenty-sixth, eighteen hundred and seventy-two, in liber B of religious societies, at page three hundred and fifty-nine, shall be regarded and construed, and the same is hereby declared to be of the same validity, force and effect, as would have been, had such certificate been duly made immediately after the election of such trustees, on the said sixth day of March, eighteen hundred and fifty-four, mentioned therein, and had the same been then duly recorded, and the religious society mentioned in said certificate is hereby declared to be a corporation duly incorporated under and by virtue of the laws of the state of New York, bearing the corporate name or title of "The Methodist Episcopal Church of Rye," and all conveyances, deeds, mortgages, leases or grants of every nature, kind and description whatever, executed by such religious society or corporation since March sixth, eighteen hundred and fifty-four, and every act, deed, matter and thing done or performed by such religious society or corporation is hereby ratified, confirmed and declared to be as valid in all respects as if said certificate had been signed at the proper time and then duly recorded. §2. All orders made by any court authorizing the mortgage or sale Orders of real estate by said religious society or corporation, so far as the ratified. validity thereof depends upon the making and record of such certificate, are hereby ratified, and in all respects confirmed. §3. This act shall take effect immediately. 10 *So in original. r two shall be re Associa have CHAP. 87. AN ACT to authorize the Hillside Cemetery Association, in PASSED March 10, 1883. The People of the State of New York, represented in Senate and SECTION 1. It shall be lawful for the Hillside Cemetery Association tion to of the town of Georgetown, county of Madison and state of New York, possession, henceforth to have full and complete possession and control, subject, however, to any right of title and possession existing in any other person or corporation, of the lands heretofore used or set apart for the burial of the dead, lying and being situated in the village of Georgetown, Madison county, New York. etc., of burial grounds. Duty of trustees. § 2. It shall be the duty of the trustees of said association, and their successors in office, to take charge of the lands or cemetery, of which control is hereby given them, and protect and regulate the same according to the provisions of the acts under which said association was incorporated, and it shall be lawful for said trustees to levy a tax, not to exceed two dollars this present year, also to levy a tax hereafter as the trustees may deem necessary, not to exceed one dollar in any one year, for the purpose of keeping said cemetery in a respectable condition, said tax or taxes to be collected according to the provisions of the acts under which said association was incorporated Evidence suits to be § 3. This act shall take effect immediately. CHAP. SS. AN ACT to enable courts of justice to receive in evidence in PASSED March 10, 1883; three-fifths being present. SECTION 1. In any pending or future action or proceeding involvin former ing a question as to the situs of any lot of the common lands, so received. called, in the city of New York, the court may, upon the offer of any. party, receive in evidence any evidence which was received in the action heretofore prosecuted in the superior court of the city of New York, by Russell D. Miner, and continued by the personal representatives of the said Russell D. Miner, deceased, against the mayor, aldermen and commonalty of the city of New York, or in the action in said court between certain heirs at law of the said Russell D. Miner, deceased, and Jacob Scholle and others, and also the deposition of Isaac T. Ludlam, deceased, verified before E. Henry Lacombe, as ref eree, upon the fourteenth day of November, eighteen hundred and seventy-eight, in an action in the said court by Hester Sherman and others, against Thomas Kane and others; provided that the testimony Proviso. of a witness shall not be admissible, under the provisions of this act, until the court is satisfied that such witness has heretofore died; and provided further, that no provision of this act shall give to any documentary evidence introduced in connection with any former testimony any greater or different effect than may be due to it by reason of the testimony relative thereto. introduced. § 2. Such evidence may be introduced, as before provided, in any How to be mode established by the practice of the courts for the introduction of testimony given upon a former trial, by a witness who has since died, or by reading from the printed cases on appeal, heretofore filed in the office of the clerk of the superior court of the city of New York. §3. This act shall take effect immediately. CHAP. 89. AN ACT to revise and amend the articles of incorporation of The People of the State of New York, represented in Senate and body SECTION 1. The Young Men's Christian Association of Buffalo, as Associa now constituted, is hereby continued a body corporate, and the mem- tion a bers of the present board of directors shall respectively hold office corporate. for the time for which they are elected, and until their successors are elected. § 2. The object of this corporation shall be the improvement of the Objects spiritual, mental, physical, and social condition of young men by the support and maintenance of lectures, sermons, libraries, readingrooms, social meetings, classes for instruction, and such other means and services as may conduce to the accomplishment of this object. §3. The corporation may, by constitution, provide for the qualifi- Constitucation and the mode and manner of admitting members, and for the tion, etc. transaction of its business. The present constitution is hereby continued until the same shall be amended, as provided by article seven thereof, except that article two, section two, shall not be changed or repealed, except as it may relate to annual dues. 4. The corporation shall be managed by a board of sixteen direc- Directors. tors, who shall hold office for the term of two years and until their successors are elected. They shall be elected at such time and in such manner as the constitution shall prescribe. Vacancies may be filled by the board of directors until the next annual election, when the same shall be filled by election. In case there shall still be an unexpired term, the election shall be for such unexpired term only. The board of directors shall be composed of and chosen from persons in communion with some Protestant evangelical denomination. The directors shall elect from their own number such officers as the constitution shall provide. § 5. The real property of the association, together with any gift, Real devise, or bequest heretofore made or hereafter to be made, shall be property managed by a board of eight trustees, together with the presi- managed to be |