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along the north line of Boundary street, and in a direct line therewith, north, sixty-two degrees east, ninety-five chains and fifty links, to the east line of lot number thirty-two; thence along said lot line north, five and a quarter degrees east, fifty-three chains and twentyfive links, to the town line of Milo and Benton; thence along the town line north, eighty-two and one-half degrees west, twenty-one chains and thirty-eight links; thence north, six and a quarter degrees east, twenty-six chains; thence north, eighty-five and three-quarters degrees west, seventy-three chains and six links; thence south, three and three-quarters degrees west, sixty-six chains and eighty-seven links, . to the north side of the recent addition to said cemetery; thence north, eighty-nine and a half degrees west, along the north line of said cemetery, thirteen chains and seventy-one links, to the north-west corner thereof; thence south, thirteen degrees east, fifteen chains and seventy-nine links, to the place of beginning.

§ 2. Section ten of title five of said act is hereby amended so as to read as follows:

sioners of

§ 10. The trustees shall be commissioners of highways in and for Commis said village, and shall have all the powers of commissioners of high- highways, ways of the several towns of this state subject to this act; they shall powers of. also have the power to regulate, repair, amend, discontinue, alter, and clean the streets, alleys, highways, bridges, sidewalks and crosswalks, drains and sewers in said village, and to prevent the incumbering of the same in any manner, and to protect the same from encroachment and injury. All bridges now built or hereafter to be built across the stream or river called the outlet of Crooked lake, in said village, shall be repaired, built and rebuilt, when necessary, by the town of Milo, or by the county of Yates, in the same manner as though this act had not been past.

§ 3. This act shall take effect immediately.

CHAP. 312.

AN ACT to amend chapter two hundred and eighty-seven of the laws of eighteen hundred and seventy-nine, entitled "An act to provide for the formation of county and town cooperative insurance companies."

PASSED June 6, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section ten of chapter two hundred and eighty-seven of the laws of eighteen hundred and seventy-nine, entitled "An act to provide for the formation of county and town co-operative insurance companies," is hereby amended so as to read as follows:

members

§ 10. It shall be the duty of the secretary, within ten days, to notify Secretary every member by written or printed, or partly written and partly to notify printed notice, signed by the secretary, that an assessment has been of assessmade, and the amount due from such member as his share of the loss ment. or damage as determined by said directors or executive committee, and the time when and to whom such amount must be paid; such time shall be not less than thirty nor more than sixty days from the Time. date of such notice; the cost of expense and collection to be regulated by the by-laws of the company; such notice may be served personally How

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or by mail, and if by mail it shall be deposited in the post-office at the place where its principal office is located, or where said secretary resides, directed to each member at his place of residence or business, and the postage prepaid.

§ 2. This act shall take effect immediately.

CHAP. 313.

AN ACT to authorize the removal of the remains of all persons interred in the burial grounds situated on the east side of Academy avenue, and between Little avenue and Washington street, in the village of Middletown, Orange county, state of New York, to Hillside cemetery in said village, and the taking of the lands included within the bounds of said burial grounds for public park purposes, also the issue of bonds by said village to defray the expense thereof.

PASSED June 6, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The village of Middletown is hereby authorized and empowered to take possession of the burial grounds situated on the east side of Academy avenue in said village, and bounded as follows: On the east by a street known as Spring street, on the south by Washington street, on the west by Academy avenue and on the north by Little avenue, and to appropriate the same to the purposes of a public park, upon complying with the terms and provisions hereinafter set forth.

2. Whenever the board of trustees of said village shall by resolution declare it expedient and for the public good to take the above mentioned lands for the purposes herein set forth, the president of said village shall give notice by ten days' publication in the official newspaper of said village of the time when, and the place where, he will upon such resolution of the board of trustees and his petition make application to the county court of Orange county, for the appointment of three commissioners to appraise the damages for taking said lands, also to determine what damages, if any, will accrue to owners of lots arising from the cost of the removal of the remains of persons interred therein, also to superintend such removal.

§3. Upon the presentation of such petition and resolution with due proof of publication of notice as herein before provided, the court before which such application shall be made shall hear and determine as to the expediency and propriety of granting such application. If he shall deem the taking of such lands by said village to be for the public good, he shall appoint three reputable freeholders, residents of said village and not interested in the lands to be taken, who shall inquire into and determine what damage, if any, the several owners of lots in said burial grounds will be entitled to by reason of taking said lands, and also the damages for a probable cost of removing the remains of persons exhumed and the monuments, slabs, stones, or other work, designating their place of burial; but the damages for taking lands shall in every case be considered and reported apart from that of removal of remains and monuments. Said commissioners shall also award to

1

persons entitled to the same such damages for taking and removal separately.

§ 4. Before proceeding to execute the duties of their office, the said Commis commissioners shall take and subscribe an oath that they will faith-si fully and honestly discharge the duties of their office according to the oath. best of their ability, which oath shall be filed in the office of the Orange county clerk. Upon filing such oath of office the said commissioners Proceedshall proceed in all respects as required by law in case of commission- ings by. ers for widening or opening streets in the village of Middletown.

mains to

moved

§ 5. If, upon the presentation of the report of said commissioners, When rethe county court shall confirm the same, then the said commissioners re shall proceed to direct or cause the removal of the remains of all persons buried in said cemetery, and all monuments, slabs, stones or other marks of burial places, and as the same are removed shall pay to the several owners of lots therein the amount of damages theretofore awarded to such persons.

of lots neglect to

Je mains

awarded

§ 6. In case the owners of any lots in said cemetery shall neglect or If owners refuse to remove the remains of persons buried therein, or in case such owners shall authorize the commissioners to superintend or direct such remove removal, then said commissioners shall not pay over to such owners amount the amount awarded by them as damages for, or probable cost of re- not to be moval, but shall retain the sum to defray their expenses in removing paid to such remains. Said commissioners shall not, however, proceed to remove any such remains or monuments until they shall have given five be pubdays' notice by publication in the official paper in said village of their lished. intention to proceed.

them.

Notice to

unknown

"sioners to

$7. In case any of the owners of any lots in said cemetery cannot. In case of after due diligence be ascertained or found, the said commissioners lot owners, shall proceed to remove all remains as in the last section provided, commis and any balance, after deducting the actual cost of removal from the remove amount awarded for taking such lot and removing said remains, shall remains. be paid to the village treasurer of said village, who shall deposit the same to the credit of such fund as is or may be created for the purpose of caring for and preserving the grounds on which such remains may be reinterred; such fund shall be deposited in some reliable savings. bank in said county of Orange, and only the interest thereon accruing, or so much thereof as may be deemed necessary and expedient, shall be annually expended in protecting and caring for said grounds. The provisions of this section are hereby made applicable to section six, so far as the same relates to any damages awarded by said commissioners as probable cost of removal.

ment.

§8. All remains removed by said commissioners, as herein before Reinter, provided, shall be reinterred, on such grounds or lots or parts of lots in Hillside cemetery as the trustees thereof or their successors may elect, and shall be separately reinterred, and all monuments, slabs, stones or other marks of their burial place shall be well reset in their proper place so as to preserve the identity of each, and in case there is no present mark distinguishing the person buried, said commissioners shall put up and maintain a wooden or stone slab on which shall be marked the number of the lot in the burial grounds from which the body or bodies were exhumed.

be made

$9. Upon the completion of the work of such removal, such com- Report to missioners shall report the same to the board of trustees of said village by comwith a statement of actual cost thereof, setting forth the amount of missiondamages paid to each and the amount of damages paid over to the vil

lage treasurer, which report shall be filed with the village clerk where

ers.

Village

may issue

bonds to pay ex

penses in

curred and damages awarded.

Bonds in

excess of

amount required

to be can

celed.

Trustees nay change grade of street.

upon said commissioners shall be discharged and the trustees of Hillside cemetery shall have the future care and supervision of the grounds where such reinterments have been made.

§ 10. For the purposes of paying such damages as may be awarded, such expenses as may be incurred under the provisions of this act, the village of Middletown is hereby authorized and empowered to issue its bonds to an amount not to exceed five thousand dollars, in such denomination and payable at such time as the board of trustees of said village may direct, bearing interest at the rate of not to exceed five per centum per annum, which bonds shall be sold by the village treasurer at not less than par, nor shall they be disposed of except in such amounts as from time to time during the progress of the work the said commissioners shall certify to be actually necessary to defray the expense thereof, and shall insert in the tax-levy an amount sufficient to meet and pay the interest on said bonds when said interest is due, and shall also insert in the tax-levy and cause to be collected an amount sufficient to meet and pay the principal of said bonds when the same or any part thereof, becomes due.

§ 11. If, upon the presentation of the final report of said commissioners, it shall be found that the amount of the bonds issued exceeds the amount actually paid out and expended, the village treasurer shall thereupon cancel all bonds in excess of the amount so expended and charge the same to the bond account.

§ 12. This act shall take effect immediately.

CHAP. 314.

AN ACT to authorize the alteration of the grade of Congress street, in the village of Saratoga Springs, so as to carry the same under the railroad tracks of the road occupied by the Delaware and Hudson Canal Company, and to provide for the construction of the same.

PASSED June 6, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of trustees of the village of Saratoga Springs are hereby authorized and empowered to change the grade of the highway called Congress street in the village of Saratoga Springs at the point where it crosses the lands and roadbed of the railroad now occupied by the Delaware and Hudson Canal Company, so as to carry said highway, including sidewalks, under the tracks of said railroad and to make all necessary excavations and removal of materials for Maps, etc. such purpose. In case said board of trustees shall elect to change the grade of said highway in the manner hereby authorized, then said board of trustees shall cause proper surveys, maps, plans, profiles and specifications of the work necessary to be done by the trustees to be prepared, considered and adopted, and the said highway shall be graded, excavated and constructed according to the plan which shall be adopted by said board of trustees.

Notice to be pub

lished stating

§2. Whenever the said board of trustees shall have decided upon a plan and specifications for the change of such grade and the construction of such highway at such crossing, they shall give at least one

can be

inviting

week's notice daily, in a daily newspaper published in said village where where such plans and specifications can be seen and examined, and plans, etc.. shall in such notice invite sealed proposals for the work and materials seen and necessary for the grading, excavation and construction of such high- proposals. way, to be delivered to the clerk of said board. At the end of the time specified in said notice the board of trustees shall convene and open said proposals and shall award the contract for such work to the low

bond.

est responsible bidder. Before awarding such contract, the contractor Contractor shall execute to the village of Saratoga Springs a bond in the penalty to give of at least twice the amount of the contract price, with two sureties, to be approved of by said board of trustees conditioned for the faithful performance of such contract.

a

on D. H.

to construct

§3. The said board of trustees shall at least twenty days before they Notice to commence work, cause a notice in writing to be served upon the presi- be served dent, vice-president, treasurer, or a director of the Delaware and Hud- c. Co. son Canal Company, stating when they will commence to grade and excavate said highway, and it shall be the duty of the said Delaware and Hudson Canal Company to cause all necessary supports, walls and em- Company bankments to be constructed and maintained and completed, and bridge to be erected with a span of not less than sixty feet in the clear supports, and a height of twelve feet in the clear above the highway so as to walls, etc. carry the tracks of said railroad safely across said highway, and so as to render said highway most convenient and useful for public travel, and in case said company shall neglect or refuse for thirty days after such notice to cause the necessary work to be done and completed, they shall forfeit and pay the sum of twenty dollars for every subsequent day's neglect or refusal, to be recovered by the trustees of the village of Saratoga Springs and to be expended on said highway.

to be

§4. The cost of the excavation and construction of said highway Cost of under said railroad, exclusive of the work required to be done by the work, how railroad company, shall be assessed by the said board of trustees upon assessed. such persons and property as they shall deem benefited by said alteration and improvement. And after making a list or roll of such assess ments, they shall immediately give notice of the completion of said assessment, and they will hear all persons aggrieved thereby at a time or place to be specified in said notice, and all the provisions of law applicable to the revision, correction and settlement of assessment or tax-rolls, and the collection and enforcement of taxes and assessments in the village of Saratoga Springs shall be applicable to the assessment and taxes authorized by this act. Nothing in this act shall be so construed as to require the railroad company to change its grade.

CHAP. 315.

AN ACT to amend chapter one hundred and fifty-seven of the laws of eighteen hundred and forty-four, entitled "An act incorporating the village of Mohawk."

PASSED June 6, 1882; 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 chapter one hundred and fifty-seven of the laws of eighteen hundred and forty-four is hereby amended to read as follows:

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