Collection tax. § 48. Upon the completion of the highway assessment the trustees of highway shall cause a copy thereof, with their warrant for the collection thereof in money to be delivered to the collector of the village, who shall proceed to collect the same and to pay over the moneys collected to the treasurer of the village. City charter amended, as to local improve ments. Council, improve made. Action, § 4. This act shall take effect immediately. CHAP. 255. AN ACT to amend section six of title nineteen and section thirtytwo of title twenty-two of chapter five hundred and eighty-three of the laws of one thousand eight hundred and eighty-eight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn." BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 7, 1889. 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 six of title nineteen of chapter five hundred and eighty-three of the laws of one thousand eight hundred and eightyeight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," is hereby amended so as to read as follows: § 6. If the common council shall determine that such improvement may order shall be made in accordance with the provisions of this act, they may ment to be then proceed to order such improvement or work to be done; and the determination of the common council, in respect to all the facts to be ascertained for the purpose of commencing and carrying on such proposed improvement or work, shall be final and conclusive; provided that such action shall be in conformity with this act, and that the assessment for the expense of such improvement shall be confined to when to be the district of assessment laid out by the common council as aforesaid. In no event shall any expense for any improvement or work contemplated by the first and second sections of this title be a charge against the city of Brooklyn, except so far as said city may be the owner of lands to be assessed for such work or improvement, and exwork, etc., cept in cases of real property exempted from assessment for local improvements under the provisions of section thirty-two of title twentytwo of this act. final. Expense of certain street not a city charge. Exemp property § 2. Section thirty-two of title twenty-two of said act is hereby amended so as to read as follows: § 32. The real property situate in the county of Kings, now owned tion of or which may hereafter be owned by any hospital, orphan asylum, of certain house of industry or other charitable corporation, society or instituatom tion, which has for its object the reformation of offenders, the care, asylums, taxati tion. support or education of the sick, the infirm, the destitute, the deaf, the dumb or the blind, shall be and hereby is declared discharged and exempt from all taxes and from all assessments laid or made for local improvements, and sales thereunder, and from all such assessments hereafter, and from taxation, so long as the same shall be owned by any such corporation, society or institution aforesaid, and whenever a sale and conveyance thereof shall be made to any person or corporation other than those mentioned in this act, thereupon the real estate so sold and conveyed shall be thereafter subject to assessment in the same manner as other real estate situate in the county of Kings. The ratable amount of any assessment which shall be laid or made here- City, to after for any local improvement which would have affected any real pay certain property exempted under this section, if such exemption had not been ments. made, shall be a charge upon the city of Brooklyn and be paid out of the assessment fund of said city. § 3. This act shall take effect immediately. CHAP. 256. AN ACT to amend section seventy-four of article five of title five of chapter nine of the first part of the Revised Statutes, relating to trespasses upon lands. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 7, 1889. 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 seventy-four of chapter nine, title five, part first, of the Revised Statutes, is hereby amended so as to read as follows: assess pass, in timber, on $74. Every person who shall trespass on any land belonging to the Penalty people of this State, or on any Indian lands, or who shall trespass upon for tresany other lands within the bounds of the Forest Preserve, or which cutting may hereafter be included in the Forest Preserve, by cutting or carry- State ing away timber growing thereon, shall forfeit and pay the sum of lands, or twenty-five dollars for every tree that shall be cut or carried away by Indians. him, or under his direction. lands of CHAP. 257. AN ACT to amend chapter six hundred and ninety-seven of the laws of one thousand eight hundred and eighty seven, entitled "An act to lay out and establish an exterior street along a portion of the East river in the city of New York, and to alter the map or plan of the city of New York to conform thereto." BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 7, 1889, Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: street. SECTION 1. Section three of chapter six hundred and ninety-seven East river of the laws of one thousand eight hundred and eighty-seven, entitled exterior "An act to lay out and establish an exterior street along a portion of the East river in the city of New York, and to alter the map or plan of the city of New York to conform thereto," is hereby amended so as to read as follows: Title to ceedings to acquire. Duty of § 3. The board of street opening and improvement of said city after lands. Pro the adoption of said plan, shall cause proceedings to be instituted to acquire title for the use of the public to all or any of the land and property not owned by the corporation of the city of New York, required for the said exterior street, including any rights, terms, easements and privileges, or interests pertaining thereto, which are not subject to extinguishment or termination by public authority, and it shall be the duty of the counsel to the corporation, upon receipt of a written request from the said board accompanied by maps or plans showing the location and extent of the said street and the property necessary to be acquired therefor, to take such legal proceedings to acquire the said land and property as shall be provided by law for the taking of private property in said city for public streets, and places in said city, so far as they are not inconsistent with provisions of this act, are hereby made applicable so far as may be necessary to the acquiring of said land, property, rights, terms, easements and privileges. counsel to corpora tion. Laws applicable. Grade of street, how filed. Copies of maps, how fixed. Charge and control of street. § 2. Section four of said act is hereby amended to read as follows: 4. The grades of the whole of said exterior street shall be fixed by the said board of the department of docks with the concurrence of the commissioner of public works, to be evidenced by his certificate to that effect indorsed upon the maps or profiles thereof, and a copy of each of said profiles or maps, certified by the said board of the department of docks and said commissioner of public works, shall be filed by said department of docks in the office of the department of public works, in the office of the Secretary of State, and in the office of the register of the city and county of New York. That portion of said street lying and being between its westerly line and a line drawn parallel with such westerly line, and sixty-five feet easterly therefrom, shall be and remain under the exclusive charge and control of the department of public works, as is now provided by law for the other public streets in the city of New York, and the remaining portion of said street lying easterly of said sixty-five feet line shall be and remain under the exclusive charge and control of the said desheds, etc., partment of docks. No wharf, pier, shed, platform, bridge or struchibited. ture of any kind shall be erected or permitted outside of the said street or outside of the bulkhead to be built as before mentioned. The said street, and the bulkhead forming its outer edge, shall be and remain at all times a public exterior street or wharf, for free and common use except as herein otherwise provided, and the same and the wharfage and emoluments arising from the use thereof shall be the property of the corporation of the city of New York. Erecting wharves, Street to form exterior wharf. §3. Section five of said act is hereby amended so as to read as follows: § 5. The commissioner of public works is hereby authorized and directed as soon as may be practicable, after the title to the land and property required therefor shall have been acquired as aforesaid, to regulate, grade and otherwise improve that portion of said street herein before placed under the charge and control of the department of public works, and said work shall be done by one or more contracts made at public letting, in the manner now provided by law. In order to provide for convenience and facility of approach and access to the said exterior street, the said commissioner shall, from time to time, as he in his discretion may determine, alter and amend the grades of such of the streets and avenues of the city of New York as intersect or are contiguous to said grades, docks, work upon etc., by tion of. exterior street, so as to conform the same to the grade of such exterior street, and shall, within six months thereafter, prepare and file in the department of public works, maps or profiles showing the said altered or amended grades, and copies thereof, certified by said commissioner, Maps of shall be filed by him in the office of the Secretary of State and the amended office of the register of the city and county of New York, and said how filed. maps when so filed, shall be in all respects final and conclusive upon the mayor, aldermen and commonalty of the city of New York, and upon all persons whomsoever, and said commissioner shall, from time Effect of to time, regulate and grade, or otherwise improve, in accordance with Bling. such new grades, such of the said streets and avenues as he may deem necessary for the public good, or which he may be directed so to do by an ordinance of the common council of the city of New York, duly passed for such purpose. The department of docks is hereby Depart authorized and directed, as soon as may be practicable, to regulate, ment of grade and otherwise improve that portion of said exterior street which, when to let by this act, is placed under the charge and control of said department part of of docks, and to build a good and substantial bulkhead along the street, whole or any part of the outer or easterly line of said exterior street. contract. Such work shall be done by contract, unless ordered to be otherwise performed by the affirmative votes of all the members of the board. But, if, in the judgment of the board of said department of docks, it shall be deemed for the best interests of the city of New York and of commerce and navigation that the said bulkhead should not be Bulkhead, built upon and along the easterly or outer line of said street, said construcboard are hereby authorized to build the said bulkhead upon the portion of such street under its control on any line or lines inside of the outer or easterly line of said street, and in such case the said portion of said exterior street shall not be graded, regulated or otherwise improved outside of the line or lines so fixed by said board. The board of the department of docks may, in the name and for the benefit of the corporation of the city of New York, upon and after the comple- Leases of tion of said wharf or street, lease the wharfage and emoluments of wharfage, said property in any part or parts thereof for terms not exceeding ten auction. years, and may covenant in such lease or leases for a renewal thereof at advanced rent for not exceeding ten years more. be made at public auction, to the highest bidder and not otherwise. It shall be lawful, in the discretion of said board, to include in the Special lease or leases aforesaid, the license or privilege of the exclusive use as to and occupancy by the lease, of that part of said street or wharf at same. which the wharfage and emoluments so leased shall accrue, and lying east of a line drawn parallel to and sixty-five feet easterly from the westerly line of said street. And it shall be lawful to authorize the Licensing erection by such lessee, upon any part of said wharf or street of which privithe exclusive use shall have been licensed or permitted, of fences to leges. inclose the same, or sheds for the protection of property. And it shall be announced upon any such sale, as a part of the terms and conditions thereof, with respect to each parcel sold, whether such license or privilege of exclusive use and occupancy shall be included in such lease. But no person, company or corporation shall be en- Who, entitled to such license or privilege of exclusive use and occupancy, license. unless engaged in the business of transporting merchandise or passengers by water, and unless the property leased shall be actually used and occupied under said lease, for the purposes of and in connection with such business. § 4. This act shall take effect immediately. All leases shall etc., at provisions, of certain titled to City charter CHAP. 258. AN ACT to amend chapter three hundred and seventy of the laws of one thousand eight hundred and seventy-five, entitled "An act to amend and consolidate the several acts relating to the city of Elmira," BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, May 7, 1889. 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 four of chapter three hundred and seventy of the amended. laws of one thousand eight hundred and seventy-five, entitled "An act to amend and consolidate the several acts relating to the city of Elmira," is hereby amended so as to read as follows: Elective city and cers. officers. § 4. The officers of said city shall consist of one mayor, one recorder, ward off three justices of the peace, four constables, to be elected by the city at large; two aldermen and one supervisor to be elected in each ward, Appointive three inspectors of election for each ward or election district; one city clerk, one chamberlain, one city attorney, one overseer of the poor, three assessors, one city surveyor, and one superintendent of streets, who shall be appointed by the mayor and common council; three cemetery commissioners, two fire commissioners, four police commissioners, and such other officers as are hereinafter authorized, and who shall be appointed as hereinafter provided. Repeal. Board of police, posed. 2. Section forty of said act is hereby repealed. § 3. Section one hundred and three of said act is hereby amended to read as follows: § 103. The police department of the city of Elmira shall be under how com- the general control and management of a board of police, which shall be composed of the mayor and four police commissioners. Within the month of January in each year, the mayor shall nominate from the electors of said city not holding any other city office, and by and with the consent of the common council manifested by the concurring vote police com- of at least ten members thereof besides the mayor, shall appoint two by mayor. police commissioners in the place of those whose terms of office shall Their term next thereafter expire. The term of office of each of the commissioners Annual appointment of missioners of office. Appoint ments so appointed shall be two years, and shall commence on the first day of April next after the month of January fixed for his appointment as aforesaid. Each police commissioner shall continue to hold his office after the time fixed for the expiration of his term, until his successor Vacancies, shall have duly qualified. Whenever any vacancy shall occur in the how filled office of a police commissioner by death, resignation, removal or otherwise than by expiration of term, such vacancy shall be filled for the unexpired term in like manner. All appointments of police comfrom two missioners, however, shall be so made that two of the police commisprincipal sioners shall belong to each of the two principal political parties represented in the common council. Every person appointed to the office of police commissioner shall, before entering upon the duties of such office, take the constitutional oath of office. No police commissioner shall receive any compensation for his services as such commissioner. Any person appointed police commissioner who shall after his appointment and prior to the expiration of his term of office as city office. such commissioner, be elected or appointed to any other city office, political parties. Oath of office. To hold no other |