Bridge and causeway to be built over Cromwell's creek. and awarded. line of the said road, shall be taxed or assessed for any work done under this section." § 3. Section seventy-three of said act as amended July twenty-sixth, one thousand eight hundred and sixty-six, and June tenth, one thousand eight hundred and sixtyseven, is hereby amended to read as follows: "The said board are hereby authorized, whenever they shall deem proper, to erect or cause to be erected, a bridge or causeway over and across Cromwell's creek in said town, at such point as they shall deem best and of such material as they shall determine; the cost of such bridge and causeway shall not exceed the sum of ten thousand dolContract; lars. Such bridge or causeway shall be built by conadvertised tract. The said board shall cause specifications of the work to be done to be made and filed with the clerk to said board. They shall then cause a notice to be published in a newspaper published in said town once in each week for three weeks successively, stating the filing of such specifications and the time and place when and where such board will meet to receive sealed proposals for constructing such bridge or causeway. At the time and place stated in such notice or at such time as the said board shall adjourn to for that purpose, such sealed proposals as shall be presented shall be publicly opened by the president of said board. The said board shall thereupon determine which is the most favorable proposal, and may then enter into a contract for building such bridge or causeway, in accordance with such specifications and proposal, with any person whose proposal shall be so accepted, who shall furnish satisfactory security to said board for the faithful performance of said work." Trustees may issue bonds. § 4. Section seventy-four of said act as amended July twenty-sixth, eighteen hundred and sixty-six, and June ten, eighteen hundred and sixty-seven, is hereby amended to read as follows: "The said board shall have power to borrow upon the faith and credit of said town, a sum of money sufficient to build such bridge or causeway, not exceeding ten thousand dollars, and for that purpose they shall have power to issue bonds in their corporate name and under their corporate seal, signed by the pres ident and clerk, and countersigned by their treasurer. terest. Such bonds shall bear interest at the rate of seven per Rate of incent. per annum, payable semi-annually, and shall be issued in such amounts as the said board shall determine, but not less than one hundred dollars, and such bonds shall not be negotiable by said board at less than their par value. Such bonds shall be made payable in annual installments of one thousand dollars yearly. It shall be Bonds; the duty of said board to provide for the payment of ble paysuch bonds so to be issued by levying a tax upon the taxable property of said town from time to time, sufficient to pay the said bonds and the interest thereon as they shall mature. The moneys so to be raised by tax shall be in addition to all other moneys which said board are authorized to raise. The taxes so to be levied shall Taxes: be levied and collected in the same manner that other ed. taxes are levied and collected in said town. § 5. Said act and the acts amendatory thereof, are hereby further amended by adding thereto the following section: when how rais 75. The board of trustees shall also have power in By-laws. said town to make, ordain, enact, establish, publish, modify, amend and repeal rules, regulations, ordinances and by-laws, for the following purposes: 1. To erect and maintain a suitable lock-up, or desig. Lock-up. nate a place of detention for persons arrested under this act, or under any by-law or ordinance, and to confine and detain said persons therein. 2. To regulate swimming or bathing in the waters Bathing. bounding said town. 3. To restrain and prohibit hawking and peddling in Licenses. the streets; and to grant or withhold licenses to venders, junk and rag dealers. 4. To regulate and control all existing cemeteries, and Cemeteries provide regulations for interments therein. for violat 5. To prescribe such penalties as they may deem pro- Penalties per for a violation of any of the provisions of this act, ing ordinot exceeding two hundred and fifty dollars for each nauces. offense. But all ordinances, rules or regulations adopted by said board, shall be posted in a conspicuous place in said town for at least ten days before they shall take effect. Ella street to be ex tended. Duty of water commis. sioners. Conditional con tracts. Report upon plan and expense. 6. The said board of trustees are hereby authorized and empowered to extend Ella street in said town, over and across Cromwell creek to the Central Park avenue. § 7. This act shall take effect immediately. Chap. 43. AN ACT to provide for an additional supply of Passed March 20, 1868; three-fifths being present. SECTION 1. It shall be the duty of the water commis- § 2. The said commissioners shall adopt such plans as in their opinion may be most feasible for procuring such additional supply of water, and shall ascertain the probable amount of money necessary to carry the same into effect, and for that purpose they shall have power to make conditional contracts, to become valid when ratified by the common council of said city, with the owner or owners, whether individuals or corporations, of all lands, tenements, hereditaments, rights or privileges whatsoever, which may be required for the purpose, and they may make the like conditional contracts for the execution of the work or any part thereof, or the supply of any necessary material. 3. The commissioners shall make a report to the estimate of common council, containing a description of the plan adopted by them, their estimate of the expense thereof, with their reasons and calculations for their said estimate, and also the conditional contracts made by them under this act. council stock, to is §4. The common council are hereby authorized to Common raise by loan, from time to time, a sum not exceeding in may raise the aggregate five hundred thousand dollars, by the loan. creation of a public fund or stock, to be called "The Water water stock of the city of Albany," which shall bear an sue. interest not exceeding six per cent per annum, and the principal be payable, not exceeding thirty years from the time of issuing any such stock; and the said common council, when sufficient means, in their opinion, can be provided, as they may be needed, and the plan submitted has been ratified and approved, may direct the prosecution of the work. 5. The moneys to be raised by virtue of this act, shall be applied and expended for the purpose of procuring an additional supply of water for the city of Albany, according to the plan ratified and adopted as aforesaid, with such alterations as may be made by the said commissioners, with the approval of the common council, and for no other purpose whatsoever. Moneys; how to be expended. sioners with owners of land. § 6. The said commissioners are hereby authorized to Commisenter in and upon any land or water, for the purpose of may agree making surveys, and to agree with the owner of the property, real or personal, which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner. quire lands. commis 7. In case of disagreement between the commis- How to acsioners and the owner of any property which may be required for said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paid to such owner, or in case any such owner shall be an infant, or married woman, or insane, or absent from this State, or unknown, or the owner of a contingent or uncertain interest, the supreme court, at Three any general term in the third district, shall, upon the sioners of application of either party, after ten days' personal be appoint notice, or where such notice cannot be served within the ed. State, after three weeks' notice of such application, published in two of the daily newspapers of the city of Albany, nominate and appoint three disinterested persons to examine such property, who, being duly sworn, faithfully and impartially to discharge their duties, shall estimate and report to the said court the several sums estimate to Confirma tion of report. Owners of land may appeal. port. which will be a just compensation to such owners respectively, for the appropriation to the purposes of this act of any property which may be so required, or for the temporary use of any property. § 8. Whenever such report shall have been confirmed by said supreme court, the said commissioners may deposit or invest, as said court may direct, or pay to said owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required; and thereupon the mayor, aldermen and commonalty of the city of Albany, shall become seized in fee of the property so acquired, and shall be discharged from all claim by reason of any such appropriation or use. Within twenty days after the confirmation of the report of the three persons appointed as aforesaid, either party may appeal by notice in writing to the other to the supreme court in the third district, at any general term, from said report. On the hearing of such appeal, the court may, in its discretion, direct a second estimate and report to be made by the same persons, or it may appoint for that purpose three other disinterested Second re- persons. If the amount of compensation to be made by the commissioners is increased by the second estimate and report, the difference shall be paid by the commissioners to the person or persons entitled to the same, when directed as aforesaid; and if the amount is diminished, the difference shall be refunded to the mayor, aldermen and commonalty of the city of Albany, by the person or persons to whom the same has been paid, and judgment therefor may be rendered by the court, on the filing of the second estimate and report, against the person or persons liable to pay the same. Such appeal shall not affect the possession by the mayor, aldermen and commonalty of the city of Albany of the property acquired as aforesaid; nor shall it suspend or delay the prosecution of the work authorized by this act. Willful in jury to punished. § 9. If any person shall willfully do or cause to be work; how done any act whereby any work, materials or property whatsoever erected or used by the said common council, or by the said commissioners, or by any person acting under their authority, for the purpose of procuring and |