bonds.

Official of Niagara, and severally execute to the county treasurer of said county, a bond, with sufficient security, in the sum of two thousand dollars each, conditioned for the faithful performance of their duties as such commissioners. Which bond shall be approved, as to form and manner, and sufficiency of security, by the county judge of Niagara county, and filed in the county clerk's office in said county.

Commissioners

lands to

make pre

liminary

survey.

possession

thereof.

To make a main ditch and lateral ditches.

§3. It shall be the duty of said commissioners, and may enter they shall have power to enter upon the aforesaid lands, with all necessary assistance to make a survey, take levels, and to do all acts and things preliminary to the laying out of a suitable ditch, or ditches, and to take May take possession of the said lands necessary for the contruction of said ditch, or ditches, to drain said lands. And said commissioners shall make, or cause to be made, one main ditch from a point in the Golden Hill creek on lot number two, section five, in the town of Somerset, where the fall is sufficient to carry all the water running through the low lands, and following the natural or artificial channels heretofore made, as near as may be, except where it becomes necessary to straighten them, to a point on the Johnson's Creek road, or near said road, where it intersects the town line, between the towns of Somerset and Hartland, or otherwise as they may deem best for the interest of the parties owning said lands. And they shall have power to determine the size, and all matters pertaining to said ditch. They may also make as many lateral ditches, intersecting said ditch, as are necessary for a thorough drainage of the land, and preventing the overflowing of water upon the same. And they shall also make, or cause to be made, a map showing the survey and level thus taken, together with the proposed channels, and depth of said proposed channels, marked thereon at every one hundred yards along its line; said map, or a copy thereof, to be filed in the county clerk's office, in the county of Niagara.

Map and survey to be filed.

Commis

sioners to

estimate cost of

§ 4. Said commissioners shall estimate and assess the cost of constructing such ditches as they determine to make, including land damages thereof if any, with their ditches. fees and all expenses incident thereto, and shall apportion same tion the same among the several owners or occupants of

To appor

benefited.

May;

acquire

title to

easement.

the land deemed to be directly benefited by such drainage, upon lands according to the number of acres owned or occupied by each and every owner or occupant thereof, and according to the benefit which each separate tract of land will de rive therefrom. And if any person upon whose lands the said main drain or lateral drains shall be laid out, or contemplated, shall refuse to allow the commissioners or any person acting under them to enter on their lands and make the said drains, or either of them, and the commissioners cannot agree with such owners upon the compensation and damages to be paid for making and maintaining forever the said main or lateral drains upon their lands, then and in that event the board of commissioners shall proceed to acquire title to the said easement upon or across the lands of the person so refusing, in the manner, so far as the same is applicable to them, prescribed by chapter one hundred and forty of the Laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad companies, and to regulate the same," and in the manner prescribed by the acts amendatory thereof and supplementary thereto; and for the purpose of acquiring title to such easement Commis under the statute last mentioned, the said board of com- have like missioners are hereby granted the powers therein gran- therefor, ted to a railroad corporation, so far forth as is necessary Failroad to effect the object of acquiring title to said easement and no farther; and in all cases where damages are awarded to any owners of lands, and the same shall be assessed for benefits derived therefrom, such damages shall be set off against such benefits, or such benefits against such damages, as the case may require.

§

sioners to

powers

granted to

corporations.

estimate of

and dam

5. A copy of such estimates of benefits, and also of Copy of damages, shall be filed with each of the county clerks benefits of the counties of Niagara and Orleans, and also a copy ages to be filed with the clerk of the board of supervisors of each filed. of said counties, and another copy shall be filed with the clerk of the town of Somerset, Niagara county, and when said copies are filed in each of said county clerk's offices, the assessment shall be a lien upon each separate tract of said lands, to the amount assessed thereon for a lien upon benefits, until such assessments and the expense of collecting are fully paid.

Assess

ments to be

lands.

Boards of supervisors to levy

assess

ments upon

land owners.

Assessments;

due and be

collected

§ 6. The expense of draining such lands the board of supervisors of each of the counties of Niagara and Orleans shall cause to be assessed to or taxed upon the owners or occupants of the separate tracts of land mentioned or described in the assessment, for benefits made by said commissioners. In cases where the owners of any of said lands shall have been awarded damages, by reason of the construction of such ditches, such damages shall be deducted from the assessment upon the same land for benefits, and only the balance of said assessment shall be collected. The said assessment shall be levied when to fall and collected, and paid over to the treasurers of the counties of Niagara and Orleans, in the same manner as county taxes are now levied, collected and paid over; one-third thereof, with interest on the whole sum, by the first day of March, eighteen hundred and sixty-nine, to be levied at the meeting of the said board of supervisors, to be held in the fall of eighteen hundred and sixtyeight, and the remaining two-thirds, with interest thereon, shall be levied in two equal annual instalments at the next two annual meetings of the said boards, to be collected in the same manner, by the first day of March, eighteen hundred and seventy, and the first day of March, eighteen hundred and seventy-one. The said moneys, when so collected, shall be paid over by the said treasurers to the said commissioners, upon their vouchers for the same. The said sums to be collected annually shall be placed in a separate column in the assessment rolls of the town of Somerset, Niagara county, and of the town of Yates, Orleans county, to be headed "drainage tax." § 7. Said commissioners shall publish in two weekly papers, once in each week, for four consecutive weeks, a so notice, that at a time and place specified, they will meet and receive proposals, in writing, for the construction of said ditches. And they may contract for the construction of said ditches in one contract, or in sections, as to Contracts; them shall seem most advisable; which contracts shall be entered into in writing, subscribed by the parties respectively. And said commissioners shall require ample security for the faithful performance of any such con

To be designated

in tax rolls

as "drain

age tax"

Commis

sioners to advertise for proposals for work.

be

executed.

Compensa

tract or contracts.

§ 8. The said commissioners are authorized to charge

commissioners.

and receive two dollars and fifty cents for each and tion of every day they are necessarily engaged in the discharge of their duties, under the provisions of this act.

Commis

sioners

row money

when and

9. The said commissioners are hereby authorized, empowered and directed to borrow, on their official may borbond or bonds, by virtue of this act, any sum of money on bonds. ascertained by them to be necessary to complete the work of draining said lands, in such sum or sums, and from time to time, as they may require. And said bonds Bonds; shall be made payable in three annual instalments with where interest, the last instalment to be made payable March payable, first, eighteen hundred and seventy-one. And said bonds shall be made payable at the county treasurers' office in Niagara and Orleans counties, in proportion to the amount of money received by each of said county treasurers, by virtue of this act. The work of constructing Ditches; said ditch or ditches, shall be completed by the first day completed. of January, eighten hundred and sixty-nine.

when to be

in commis

§ 10. If from any cause the office of any or all of said Vacancies commissioners shall become vacant, upon the petition of son; how any six persons interested in the completion of said filled. work setting forth the fact of such vacancy, and the cause thereof, duly verified, then the county judge of Niagara county shall be authorized to appoint a suitable person or persons to fill such vacancy, provided such vacancy or vacancies are caused by a resident or residents of Niagara county. And if such vacancy is caused by a resident of Orleans county, then such vacancy shall be filled by the county judge of Orleans county in the

same manner.

assessed

struction

§ 11. When said water channels are completed, any Parties of the parties who shall have been assessed for their for conconstruction, shall have the right to clean them out, may clean from time to time, as may be necessary; and for this out ditches. purpose may enter upon the ditches, in any part thereof, and remove any sediment which may be deposited therein upon the banks of said ditches; but all obstruc- obstructions caused by cattle or other domestic animals running by cattle to in or through said ditches, shall be removed by the be removed by owner of the land through which they are made; and land own in case any obstructions remain in said water channels, after due notice of thirty days being given to any owner,

tions made

ers.

Commissioners of

may remove obstructions in certain cases.

then the commissioners of highways of the town in highways which the obstructions exist shall have power, and it shall be their duty, to remove said obstructions, and report the cost to the supervisor of the town, who shall cause the amount thus reported to him to be set down opposite the owner's or occupant's name in the assessment rolls of the town, to be collected as other town taxes are by law collected, and paid over to the commissioners of highways of said town, to pay for the removing of said obstructions.

Expense thereof;

how to be assessed.

Metropolitan fire

be appoint

fire mar

shal for

Constitu

of office.

Clerks.

12. This act shall take effect immediately.

Chap. 563.

AN ACT creating the office of "Metropolitan Fire Marshal," and prescribing its powers and duties.

Passed May 4, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. There shall be an officer of and for the marshal to Metropolitan police district, to be known as the "Meted. ropolitan Fire Marshal." The board of Metropolitan Assistant police shall appoint a proper person to be the "Metropolitan Fire Marshal," and one assistant, who shall Brooklyn. reside in Brooklyn, who shall take the constitutional tional oath oath of office, and hold such office during the pleasure of said board, and until a successor shall be appointed and duly qualified, by taking the constitutional oath of office. The board shall also have power to appoint not more than two clerks, whose salaries shall be fixed by said board, to be known as the chief clerk and assistant clerk, respectively, to the fire marshal. Appointments how made. to such office and clerkships, shall be by resolution of such board. In the adoption of such resolution, the votes of three-fourths of all the members taken by ayes and noes, to be entered in the minutes of the proceedings thereof, shall be required. The business office of the "Metropolitan Fire Marshal" shall be in the central department of Metropolitan police.

Appointments;

Business office.