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§ 2. The sale or release, as authorized by section one, shall be made Conditions only when the following facts shall appear by the petition for such upon release:

1. That the said sale or release is shown by said petition to be necessary in order to quiet the title of the petitioner to the premises for which such release is asked."

2. That the said petitioner, his ancestors or grantors have had possession of, under claim of title, or have paid taxes and assessments upon, the portion of said discontinued road for which the release is asked, for a continuous period of not less than twenty years next preceding the date of the application for such release.

66

which sale

may be

made.

certain

§ 3. This act is not intended to apply to a certain other road now Act not to discontinued and formerly known as The Eastern Post Road" "The apply to Boston Post Road," the "Old Post Road" and also sometimes desig- road. nated as "The Old Harlem Road."

§ 4. This act shall take effect immediately.

CHAP. 61.

AN ACT to repeal chapter three hundred and twelve of the laws of one thousand eight hundred and eighty-three, entitled "An act to provide a board of trustees for the Second Methodist Episcopal Church of Williamsburgh," and providing for the election of trustees thereof.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 14, 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. Chapter three hundred and twelve of the laws of one Repeal. thousand eight hundred and eighty-three, entitled "An act to provide a board of trustees for the Second Methodist Episcopal Church of Williamsburgh," is hereby repealed.

§ 2. The present trustees of said church shall hold their office for Terms of the terms for which they have rspectively* been elected.

present trustees.

how held.

§ 3. The election of trustees for said church shall hereafter be held Future under and in accordance with the statutes governing the election of elections. trustees for Methodist Episcopal church* in the city of Brooklyn. § 4. This act shall take effect immediately.

So in the original.

Powers of village

As to con

structing

sewers.

Expense thereof, how pro

and as

sessed.

CHAP. 62.

AN ACT to amend chapter one hundred and seventeen of the laws of one thousand eight hundred and eighty-three, entitled "An act to amend, consolidate and revise the charter of the village of Peekskill, and the several acts amendatory thereof."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 14, 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. Subdivision thirty-four of section three of title five of trustees. chapter one hundred and seventeen of the laws of one thousand eight hundred and eighty-three, is hereby amended so as to read as follows: 34. To cause, in their discretion, common sewers and drains to be drains and constructed in any part of the village, upon the application in writing in each case, of a majority of the resident owners (counted by lots), of the lots along which the proposed sewer and drain is to be built; or, upon the application of the board of health of said village, which application shall be based upon the unanimous vote of said board, that, in its opinion, the public health of said village requires that such sewer or drain, or both, be constructed. Upon the coming in of the bills therefor, and auditing of the same, said board may issue cervided for tificates for the amount of such bills, and for any bills heretofore audited for sewer expense; which certificate shall be a lien upon the taxable property of said village, and bear interest at the rate of three and one-half per centum per annum, which shall be paid from time to time, as the funds therefor shall be collected, and which interest shall be paid from any funds in the hands of said board. After auditing said bills, said board shall thereupon determine the portion of the expense thereof, if any, that shall be borne by the village, and the portion thereof, that shall be assessed locally, and they may require the assessors to apportion and assess the expense thereof, or the residue of such expense, upon the owner or owners of or occupants, or others interested, in the lots, tenements and real estate which they shall deem benefited thereby, in proportion, as near as may be, to the benefits and advantages which each shall acquire thereby. The said board of assessors shall meet and apportion said assessment, and shall thereupon give ten days' notice of the time and place when they will meet to hear any objections thereto by publishing said notice in a weekly newspaper published in said village, and all persons interested in said lands, or any of them, shall be entitled to be heard before said board of assessors upon the question of said apportionment. After hearing all such parties as shall appear before them and making such corrections of the said apportionment upon the said several parcels of land as shall be in their opinion just and equitable, according to the benefits, said assessors shall sign their said assessment and apportionment. A certificate of such assessment and apportionment, signed by ment to be the assessors making the same, as aforesaid, shall be filed in the office of the clerk of the village, and shall be binding and conclusive upon the owner or owners or others interested therein, and the amount assessed against the owners of and persons interested in, each parcel so assessed shall be a first lien upon such parcel from the date of such filing. Said board of trustees shall issue its warrant for the collection

Review and cor

rection of assessment.

Assess

a lien, upon

adoption.

for collection.

plan of

sewerage,

drainage.

for use of

of all such charges and cause the same to be collected, with interest warrant from the date of the assessment, in the same manner as other village taxes and assessments are collected. Any person in possession of any real estate under contract for the purchase thereof, may, in the discretion of said board of trustees, be deemed the owner thereof, for all the purposes of this act, and where any lot is owned by several persons as tenants in common, one of such owners may petition on behalf of the lot. Said board shall have power and authority to establish the Permapermanent plan of a system of sewerage for said village, and the pet sewers now laid in Central avenue and Park street and Main street, system of and the branch sewers connecting therewith, are declared to be a part establishof the permanent plan of sewerage of said village; they shall also have ment of. power to establish grades for sewers, and to fix upon the size of all sewers in said village, and the size or grade of any sewer as established in such plan shall not be altered, except by the unanimous vote of all the trustees of said village. Whenever any sewer shall be laid it shall also be accompanied by an underdrain for cellar drainage, unless said Cellar board shall by resolution dispense with the same. Whenever any sewer shall have been laid in pursuance of such plan of sewerage, and local assessments levied therefor and paid, any change in, or alteration or repairs to said sewer, shall be made at the general expense of the village, and the lot owners shall not be subject to any further local assessment therefor. Said board shall also have power and authority Rules and to make such rules and regulations governing the making of regulations connections with said sewers, and the use thereof, as they may deem sewers. necessary and proper, and they shall have the exclusive control thereof, and may require all premises connected therewith to be plumbed, trapped and ventilated, in such manner as they may direct; Plumbers, they may require plumbers to be licensed and to file bonds, conditioned licensing that they will obey the ordinance of the village, and protect the public from damage while performing their work, which license shall be forfeited upon a violation of the ordinance of the village by said plumbers; and said board may prohibit any person not so licensed from making any connection with any sewer or underdrain, or performing any work as a plumber in said village upon any premises in said village, connected with the sewers or water mains of said village or about to be so connected; they may also prohibit the use of any sewer by any person who shall fail to comply with the ordinances and regulations; they shall also keep a record of all sewer branches, and Record of shall construct such man-holes and wash-outs upon the line of any branches, sewer as they shall deem proper, and may from time to time repair the etc. same. Said board shall also have power and authority, when they shall be notified by the board of health, that after notice so to do, any premises on the line of a sewer has not been connected therewith, to Connecnotify the owner, occupant or agent of such premises to connect sewers, therewith forthwith, and upon his failure to comply with said notice, how ensaid board is authorized to connect such premises with said sewer and to assess the cost and expense thereof upon said premises so connected; and said board may upon its own motion notify the owner, occupant or agent of any premises, the water or drainage from which shall run over or upon any sidewalk in said village, to abate such nuisance, and Abatement upon a failure to comply with said notice, said board may cause a sances drain to be constructed under said sidewalk, to the gutter or sewer in from over front thereof, and assess the expense thereof upon such premises so water. improved thereby; the board of trustees of said village may fix such fines and penalties for the non-compliance with said notice, or for the

of.

sewer

tions with

forced.

of nui

Outlet sewer for system,

ings for

tion of.

disobedience of its ordinances passed in compliance with this act, as it may deem just and proper. Whenever said board shall deem it necessary to construct a connecting or outlet sewer to perfect the sewerage system of said village, they shall have the power so to do; proceed- if said connecting or outlet sewer shall be directed to be laid through construc- private property, they shall cause accurate surveys to be made of the lands required for such improvement, and also plans and surveys of the proposed sewer, and shall thereupon take such proceedings as are required by section six of title seven of chapter one hundred and seventeen of the laws of one thousand eight hundred and eightythree, to acquire title to such land, or the right to construct and maintain said sewer, as the board in its judgment may deem the public necessity of the village to require. The commissioners in such Award of proceedings shall take into consideration in awarding the damages, damages, the fact of the premises required being the bed of a natural watercourse, or if the sewer has already been constructed, the fact that it formerly was such a water-course, if such be the fact, and the amount of the expense of constructing such sewer and the cost of the land required and the expense of acquiring the same, shall be a charge against said village, and said board shall issue certificate: and pay for the same as hereinbefore provided.

how regu

lated.

Certain conveyance to

confirmed.

§ 2. This act shall take effect immediately.

CHAP. 63.

AN ACT to confirm a certain conveyance made by the mayor, aldermen and commonalty of the city of New York to Mary Tone.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 14, 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. The conveyance made by the mayor, aldermen and commonalty of the city of New York to Mary Tone, dated September Mary Tone, first, one thousand eight hundred and sixty-nine, and recorded May twenty-third, one thousand eight hundred and seventy-two, in the office of the register of the city and county of New York in liber one thousand two hundred and twenty-three of conveyances, page twentynine, and which has been or shall be or may be deemed or supposed to be invalid, of no effect, or defective for the reason that the sale to carry into effect such conveyance was executed, was made at private sale and not at public auction, and because the said grantee was not on the day of the date of said grant seized of a good, sure, absolute and indefeasible estate of inheritance in fee simple of, in and to the lands and premises on the easterly side of the premises thereby granted, and adjoining the same, because of the intervention of a part of Eighth avenue between the land of said Mary Tone, on the east, and the land so conveyed by said mayor, aldermen and commonalty, is hereby declared to be and to have been as valid and effectual as if said sale had been at public auction, or as if the said Mary Tone had in fact been seized on the day of the date of said grant of a good,

sure, absolute or indefeasible estate of inheritance in fee simple of, in and to the lands and premises on the easterly side of the premises thereby granted and adjoining the same.

CHAP. 64.

AN ACT to authorize the pavement of Wallabout market square in the city of Brooklyn, and to provide the means of payment. APPROVED by the Governor March 14, 1889. Passed, three-fifths being present.

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

commis

SECTION 1. The commissioner of city works of the city of Brooklyn Duty of is hereby authorized, with the consent of the board of estimate of said sioner of city, to pave Wallabout market square, in said city, at an expense not city works. to exceed twenty thousand dollars.

how paid.

§ 2. The expense of said paving, not to exceed the said sum of Expense. twenty thousand dollars, shall, upon requisition of said commissioner of city works, be paid from the revenue fund of the city of Brooklyn. § 3. All acts or parts of acts inconsistent with this act are hereby Repeal. repealed.

§ 4. This act shall take effect immediately.

CHAP. 65.

AN ACT authorizing the investment of trust funds in stocks or
bonds of any of the cities of this State.

APPROVED by the Governor March 14, 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. It shall be lawful for executors, administrators, guardians and trustees and others holding trust funds for investment to invest the funds so held by them in trust in bonds or stocks of any of the cities of this State issued pursuant to the authority of any law of this State.

§ 2. This act shall take effect immediately.

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