habitants, city, village or district employs a competent person as superintendent villages, whose time is exclusively devoted to the general supervision of the etc. schools of said city, village or district; nor shall he make any allot- Enumerament to any district in the first instance without first causing an enu- tion of inmeration of the inhabitants thereof to be made which shall show the when to be population thereof to be at least five thousand, the expense of which made by State Supt. enumeration, as certified by said State superintendent, shall be paid by the district in whose interest it is made. He shall then set apart, Library from the income of the United States deposit fund, for and as library money. moneys, such sums as the Legislature shall appropriate for that purpose. He shall also set apart from the free school fund a sum not Continexceeding four thousand dollars for a contingent fund. He shall then get fund. set apart and apportion, for and on account of the Indian schools un- schools. der his supervision, a sum which will be equitably equivalent to their proportion of the State school money, upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the State tax for the support of common schools. After Remainder deducting the said amounts, he shall divide the remainder of the State of State school moneys into two equal parts, and shall apportion them as here- how diinafter specified. Indian moneys, vided. Boards of § 2. Section thirteen of title nine of said act is hereby amended by Powers of adding the following subdivision, which shall be known as subdivision education. twelve: appoint érs, duties 12. In any incorporated village having a population of five thousand When to and upwards, or in any union free school district having a like popu- Supt. of lation, which fact shall in either case be determined by the State Su- Schools. perintendent of Public Instruction, as provided in section six of title three of this act, the board of education in any such village or union free school district may appoint a superintendent of schools. Such is pow superintendent shall be under the direction of the board of education, and salary. which shall prescribe his powers and duties. He shall be paid a salary from the teachers' fund to be fixed by the board of education, and he may be removed from office by a vote of the majority of all the members of such board. Whenever such superintendent shall be appointed Union the said union free school district shall be entitled to the benefits of when the provisions of section six of title three of chapter five hundred and entitled to fifty-five of the laws of one thousand eight hundred and sixty-four foregoing and the amendments thereto. § 3. This act shall take effect immediately. schools, benefits of section. CHAP. 91. AN ACT to provide for the construction of drains and sewers in Commis duties as SECTION 1. Immediately after the passage of this act the commis- sioner of sioner of the department of city works may in his discretion cause the city works, necessary measures to be taken for the construction of drains and to drains, sewers in the Twenty-sixth ward of the city of Brooklyn, and the and sew ers for 26th wards adjoining the same, and he may devise and fix locations and a Ward, etc. plan of said drains and sewers, and cause a map or maps thereof to be filed. hearing to assessment district. approval, Subsequent alterations thereof. Issue of bonds au made. Upon the completion of said map or maps the said commisMap, how sioner shall file the same in his department and shall give notice by publication in the corporation newspapers for two weeks daily that the said map or maps have been completed and duly filed in his deNotice of partment, and that all objections to the same in any respect, and objections, particularly so far as said map or maps shall constitute the basis of a district of assessment, may be filed in writing in his said department within five days after the last publication of said notice. And further, if there be any notice of objection filed as aforesaid, such notice shall entitle the remonstrant to be heard, and it shall be the duty of the said commissioner to afford such a hearing, and upon such hearing he Power to is hereby empowered to change, alter or vary said map or maps as in alter maps. his judgment is proper. After such map or maps and the plans and locations shall have been made, fixed and determined, provided that Maps upon the same shall be approved by the mayor of the city of Brooklyn, the how fled. said commissioner shall certify and attest such map or maps, plans and locations and file the record thereof in the said department and a duplicate thereof in the office of the city clerk, but such map or maps, plans or locations may be changed at any time previous to the completion of the work hereby authorized, after notice shall have been duly given after the manner hereinbefore indicated, whereupon such proceedings shall be taken as are prescribed by this section relative to a hearing to all owners whose property is in any way affected by any such proposed change or changes, and further provided, that any such change or changes shall be duly approved by the mayor. § 2. To meet the cost of the construction of the drains and sewers city sewer authorized to be constructed under the provisions of this act, the thorized. mayor, comptroller and city clerk shall, on the requisition of the commissioner of the department of city works, and from time to time as may be required, prepare and issue bonds of the city of Brooklyn, to be called Twenty-sixth and adjacent wards sewer bonds," signed, sealed, and countersigned in the same manner as other bonds of the said city, and bearing interest at a rate not to exceed three per centum per annum. Not more than one million dollars of said bonds shall be issued, and the said bonds shall be issued in separate series of one hundred thousand dollars respectively. Two of the said series of one hundred thousand dollars each shall be made due and payable at the year one thousand nine hundred and fourteen, and the other succeeding series of said bonds shall be so made due and payable that one of the series of said bonds, and only one, shall fall due and be payable, in each and every year following the said year one thousand nine hundred and fourteen up to, but not including the year one thousand nine hundred and twenty-three. None of said bonds shall be sold at less Proceeds, than the par value thereof. The proceeds thereof shall be paid to the ited. city treasurer, to the credit of a fund to be denominated the "twentysixth ward and adjacent wards drain and sewer funds," and shall be Payments paid therefrom upon proper vouchers in the usual manner for the purfund. poses aforesaid and for those purposes only, as the said money or parts thereof, may be required for said purposes from time to time. To meet the annual interest thereon there shall be placed annually in the tax for in- tax levy of the city of Brooklyn such sums of money as the mayor and comptroller of the said city shall certify to the board of estimate of the county of Kings and city of Brooklyn to be necessary for such purpose. But said amount so directed to be placed in the said tax Amount, rate of interest, and when payable. how cred from sewer Annual terest. 66 upon benefited. levy as aforesaid, shall not be charged upon the city at large or col- How lected therefrom in any particular, but shall be and shall constitute a charged charge upon the twenty-sixth ward and any adjoining wards which wards may be directly benefited by such improvements, and such amount shall be levied and collected only from the said twenty-sixth ward and such adjoining wards. cost upon benefited. § 3. The cost of constructing said drains and sewers, and all other Assessexpenses in connection therewith shall be assessed, levied and col- ment of lected on the property benefited as shown on the map or maps referred property to in the first section of this act, when said map or maps are completed and approved as aforesaid, in the manner now provided by law for the assessing and collecting of the cost of construction of sewers in said city. Provided, however, that the cost levied upon the district Number of benefited shall be collected in twenty equal annual installments, com- ments. mencing in the year one thousand nine hundred and three. install ing for ers, etc., not assess ment for opening. damages, § 4. In case it becomes necessary, in carrying out the improvements Proceedherein before provided for to construct a drain or sewer through any constructpart of any street or avenue not opened by law, and such sewers or ing sewdrains cannot be constructed according to the plan and location fixed, in streets as herein before provided, without being carried through any part of opened. 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 Limit of street or avenue, or part thereof, which by the proceedings herein and hereinafter indicated shall be opened for sewer purposes only, and street thereafter to present a petition to the supreme court at a special term thereof to be held in the city of Brooklyn for the appointment of three commissioners to proceed to estimate and fix the damages to be paid Land for land and property taken to open said streets or avenues for sewer how estipurposes, and the said court upon such application shall be authorized to appoint such commission. Ten days notice of such application Proceedshall be published in the corporation newspapers, stating the district therefor. of assessment and the time and place when such petition shall be presented to the court. All parties in interest shall be heard and proof and evidence may be given before said court, and said court shall in proper case make an order appointing such commissioners, and there- Laws apupon all laws not inconsistent with the provisions of this act which relate to opening streets and avenues in said city for sewer purposes, the awarding of damages therefor, the making of assessments a lien and the fixing of districts of assessments and the passing of title or easement shall be applicable to such street or avenue so sought to be opened and to all proceedings which shall be taken to open the same. mated. ings plicable. tions as to proved. § 5. No drain or sewer constructed under the provisions of this act Restricshall discharge any solid matter, raw sewage or any other than liquid sewage. sewage into Jamaica bay, or the bays and creeks connecting with said Discharge, Jamaica bay, and the method of collection and retention of solid mat- how apter and discharge of fluids must be approved by the State Board of Health before the construction of said sewers. Nothing in this act Water contained shall be construed to permit the laying of pipes in such not to be manner as to in any way interfere with or contaminate the water sup- ated. ply of the twenty-sixth ward. § 6. This act shall take effect immediately. supply, contami Disposition of property CHAP. 92. AN ACT to amend chapter eleven of the laws of one thousand eight hundred and eighty-five, entitled "An act for the incorporation of the Department of New York, Grand Army of the Republic." APPROVED by the Governor March 29, 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 five of chapter eleven of the laws of one thousand eight hundred and eighty-five, entitled "An act for the incorporation of the Department of New York, Grand Army of the Republic," is hereby amended so as to read as follows: § 5. When said corporation shall be finally dissolved, its property remaining after payment of all its debts, shall become the property of upon dis- the State of New York and be preserved in a museum to be provided therefor. solution. § 2. This act shall take effect immediately. CHAP. 93. AN ACT making an appropriation for disbursement of moneys paid into the treasury under chapter four hundred and seventynine of the laws of one thousand eight hundred and eighty-seven. APPROVED by the Governor March 29, 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 sum of forty-eight thousand one hundred and ninety-one dollars and eighty cents, being the amount of the fund paid into the treasury under chapter four hundred and seventy-nine of the laws of one thousand eight hundred and eighty-seven, is hereby appropriated, payable to the State Agricultural Society upon the warrant of the Comptroller, to be drawn upon the Treasurer and to be disbursed by the State Agricultural Society pursuant to the provisions of section six of said chapter four hundred and seventy-nine of the laws of one thousand eight hundred and eighty-seven. § 2. This act shall take effect immediately. CHAP. 94. AN ACT making an appropriation for the salaries and expenses of the Associate Judges of the Court of Appeals, forming the Second Division thereof, and of the crier and attendants thereof, to the close of the fiscal year ending September thirtieth, one thousand eight hundred and eighty-nine, and for other purposes. APPROVED by the Governor March 29, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to Asso Court of 2d Divi SECTION 1. The Comptroller is hereby authorized, out of the sum Payments of three hundred and twenty-two thousand eight hundred dollars ap- ciate propriated by chapter two hundred and sixty-nine of the laws of Judges of eighteen hundred and eighty-eight, "for the Justices of the Su- Appeals, preme Court, for salaries and expenses," to pay the sum of thirty- sion. five thousand dollars or so much thereof as may be necessary towards the salaries and expenses of the Associate Judges of the Court of Appeals forming the Second Division of said court, to the close of the present fiscal year: And the sum of twenty-three thousand three hundred and thirty-four dollars or so much thereof as may be necessary Additional is hereby appropriated, out of any money in the treasury not other appropriawise appropriated, for the payment of the balance of the salaries and Judges expenses of such judges to the close of the present fiscal year; and crier and the sum of seven thousand nine hundred and eighty-six dollars and ants. twelve cents, or so much as may be necessary, is hereby appropriated from the same fund for the salaries and expenses of the crier and attendants of the second division of said court. The salaries and ex- Salaries, penses of the judges shall be paid quarterly, and the salaries of the etc., when crier and attendants monthly, by the Treasurer, on the warrant of the Comptroller. The salaries and expenses aforesaid shall be paid at the Rate of rates now allowed by law to the judges, crier, and attendants of the etc. Court of Appeals, First Division. §2. This act shall take effect immediately. tion, for attend payable. salaries, CHAP. 95. AN ACT to authorize the formation of corporations for the establishment and maintenance of hospitals, infirmaries, dispensaries and homes for invalids or aged and indigent persons. APPROVED by the Governor March 29, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of incor poration, SECTION 1. Any number of persons, more than eleven in number, Certificate who may desire to form a corporation for the purpose of erecting, establishing, maintaining and operating a hospital, infirmary or home how filed. for the reception, care, maintenance, giving of medical and surgical advice, aid and treatment to persons afflicted with maladies, or physical injuries, or physical weaknesses or deformities or infirmities, or a home for aged and indigent persons or free dispensary, may make, sign and |