§ 6. Town tax for payment of bonds and interest issued under this act. It shall be the duty of the town board of the town of Eastchester in the county of Westchester to cause to be raised annually by tax upon the taxable property of the entire town of the town of Eastchester in the same manner as other taxes are levied and collected, a sufficient sum to pay the interest upon said certificates of indebtedness and bonds when and as the same shall become due and payable and also to raise by tax upon the taxable property of the entire town of the town of Eastchester the money necessary to pay the principal of said bonds as the same shall become due.

§ 7. Acquisition of property by purchase and condemnation; map. If in the enlargement, extension or improvement to such drain as provided by this act, it becomes necessary to acquire land therefor, the town board of the town of Eastchester in the county of Westchester is hereby authorized to acquire the same either by purchase or by condemnation, as provided by the condemnation law. Title to such land shall be taken in the name of the town of Eastchester and the costs and expenses incurred in connection with the acquisition of same shall be a part of the cost of such enlargement, extension or improvement. In case it is necessary to acquire any such lands by condemnation, title to the land condemned shall vest in the town of Eastchester on the filing of the oaths of the condemnation commissioners. In such case interest shall be allowed on the awards from the date of the filing of the oaths of the commissioners and any such awards, interest and other condemnation expenses shall be payable within four months out of the proceeds of certificates of indebtedness issued as provided by this act. In case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons, or bodies incorporate in whose favor the same shall be reported, his, her, or their executors, administrators or successors at any time or times after application first made by him, her, or them to the supervisor of said town for payment thereof may sue for and recover the same with lawful interest as aforesaid and the costs of suit in any proper form of action against the town of Eastchester in any court having cognizance thereof and in such action it shall be sufficient to declare generally for so much money due to the plaintiff by virute of this act for real estate taken or acquired for the purposes herein mentioned. The order confirming report of said commissioners with proof of the right and title of the plaintiff and plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action. Such town board shall cause to be prepared a map or plan showing the parcels of land to be acquired and file the same in the county clerk's office of the county of Westchester before proceeding to acquire the same either by purchase or condemnation.

The

§ 8. Annual estimate or budget; district assessment. town board of the town of Eastchester in the county of Westchester shall each year before the levy of taxes make up an estimate or budget for the Midland avenue drainage district which

shall give the estimated sum required for maintaining and repairing the drain within such district and all other lawful charges against such district, including the money necessary to pay the principal and interest on bonds heretofore issued and shall levy and assess the amount thereof from year to year upon all the lands within such district, subject to general taxation according to their assessed valuation. The annual assessment rolls of such town shall be used for the purpose of such assessments and the assessors of said town shall make the annual assessment roll in such form as shall show the parcels of land subject to such assessment. Such assessment roll shall also show the aggregate assessed value of all such parcels and shall contain a column for extending the drainage assessments against such parcels. Complaints in relation to assessments for the drainage assessment shall be heard at the same time as complaints are heard for the general tax and such rolls shall be open for inspection accordingly. All provisions of law affecting special assessments shall apply in so far as the same are applicable. Any balance remaining in any such budget shall be credited in the succeeding budget.

§ 9. Submission to taxpayers; form of question. The powers and authorities hereby granted shall not be exercised until at a special town meeting of the town of Eastchester in the county of Westchester a proposition therefor has been submitted to the electors of said town qualified to vote on propositions and have received a majority of all the votes cast for and against it at such meeting and the same shall be submitted to such electors of said 1 town at a special town meeting to be held as provided by law, at such time as the town board of such town may on its own motion direct. The ballots to be furnished for the use of the electors upon the submission of this law shall be in the form prescribed by the lection law. The question submitted shall be printed in the notice of meeting and on the ballot in substantially the following form, namely:

"Shall the town board of the town of Eastchester in the county of Westchester exercise the powers and authorities conferred by chapter (here insert the number of the chapter) of the laws of nineteen hundred and twenty-five entitled 'An act authorizing the town board of the town of Eastchester in the county of Westchester to control and maintain the Midland avenue drain in said town, providing for the enlargement, extension and improvement of said drain, authorizing the issuance of certificates of indebtedness and bonds of said town therefor of said town,* providing for the levying of a tax against the entire town for the payment of the principal and interest of said certificates of indebtedness and bonds, directing the adoption of an annual estimate or budget for the existing Midland avenue drainage district, providing for assessments within such existing Midland avenue district to pay the principal and interest of bonds heretofore issued and the cost of maintaining and repairing said drain and providing for a submission of a proposition as to the exercise of the powers and *So in original. [Words "of said town" repeated.]

L. 1924, ch. 638,

8 6 amended.

Acquisition by

tion.

When

county to become seized of

such real estate.

authorities hereby conferred to the electors of said town qualified to vote on propositions to be voted upon at a special town meeting of said town'?"

§ 10. This act shall take effect immediately.

CHAPTER 257

AN ACT to amend chapter six hundred and thirty-eight of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the creation of a park commission in the county of Erie, and to define its powers and duties," in relation to additional powers of condemnation.

Became a law April 1, 1925, with the approval of the Governor. 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 chapter six hundred and thirty-eight of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the creation of a park commission in the county of Erie, and to define its powers and duties," is hereby amended to read as follows:

§ 6. If the said park commission shall be unable to agree with condemna- the owner or owners of or other persons having an interest in real estate shown on said map or maps so filed with the county clerk as aforesaid, or when by reason of legal incapacity, absence or inability of said park commission or its representatives to meet with or consider the question of the compensation to be paid to such owner or owners or other persons and no agreement can be made for the purchase of said real estate so deemed necessary for the purposes of this act, the same may be acquired by condemnation proceedings instituted by the park commission in the name of the county of Erie in the manner provided by law for the condemnation of real property for public purposes, except as in this act otherwise provided. In case commissioners to ascertain the compensation to be made to the owners of property to be taken in proceedings for the condemnation of real estate shall be appointed, the county of Erie shall on the filing of the oaths of said commissioners in the office of the county clerk of the county of Erie, in case the petition demands it,1 be and become seized of all those parcels of real estate described in the petition and which are on the map or maps shown as parcels that the fee or an easement therein is to be acquired in the proceedPossession; ing in which said commissioners were appointed and the said park commission on behalf of the said county may immediately or at any time or times thereafter take possession of the same, or of any part or parts thereof and the said park commission, or any person acting under its authority, may enter upon and occupy in perpetuity all the parcels of real estate described in such petition and shown on said map or maps wherein the fee is sought to be acquired and may enter upon, through or under such parcels so shown on said map or maps in which a lesser estate or an easement is to be ac1 Words "in case the petition demands it," new.

entry.

tion to be

or official

compensa

between

tions

county.

sioners;

quired for the purposes as in this act provided. "The petition may Compensai demand that the court rather than the commissioners of appraisal ascertained ascertain the compensation to be made, in which event the judgment by court shall provide accordingly, and the court, or an official referee to be referee. designated by the court, to whom the proceedings is hereby made referable, shall thereupon ascertain the compensation to be made. 2After the hearing before the court, or the official referee, and in Final order case of a reference upon the report of such referee, the court shall directing enter a final order in the proceeding directing that compensation tion. shall be made to the owners of the property pursuant to the determination of the court. Any municipal corporation in the county of Transfers Erie, may in the discretion of its governing body transfer to the municipal county of Erie for the use of the commission hereby created for corporathe purpose of this act, its interests in any of its property upon and such terms and of such considerations as such governing body may require; and likewise, the county of Erie, upon the recommendation of the commission hereby created, may in its discretion transfer to any municipal corporation in Erie county for any public purpose its interest in any property held or acquired by said county under this act, upon such terms and for such considerations as the governing body of said county may require. The order confirming the report of such commissioners shall provide Report of for interest on the awards from the date of the filing of the commisoaths of the commissioners, or the date of the first hearing before awards, claims, the court, or referee, in case commissioners are not appointed, and am shall state the amount of costs and allowances, if any, to be paid. A copy of such report shall be filed with the park commission and the clerk of the board of supervisors, who shall within four months thereafter, or if appealed from, then within four months after the filing with the said commission and the clerk of such board, of a copy of any final order or judgment entered on such appeal, authorize the approval of claims therefor, which claims shall be filed with the county auditor for payment by the county treasurer after audit by him out of moneys made available as in this act provided. The commission at the time of authorizing the approval of such claims shall fix a date for payment, provide for interest on such claims to such date and give written notice to the party or parties to whom the award is payable, or to their attorney, or attorneys, that the award with interest will be paid at a place certain on a given date and thereafter no interest shall be due or payable on account of such award. A complete statement as to the proceeding, parcel number, date of the order and such other information as may be necessary shall be set forth on each of such claims filed as aforesaid. All such drafts drawn as aforesaid shall be turned over by the comptroller to the park commission for delivery to the claimants upon receipt of the proper instruments therefor. Claims for awards to unknown owners, absentees, those under legal disability and those uncertain as to whom to be

2 Following sentence new.

66

3 Words or the date of the first hearing before the court, or referee, in case commissioners are not appointed," new.

payment.

Action to recover.

paid shall be verified by the president of the board of commissioners and the warrant for same shall be turned over to the county treasurer to be deposited by him, subject to the further order of the supreme court of Erie county. In case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons or bodies incorporate in whose favor the same shall be reported, his, her, or their executors, administrators or successors at any time or times after application first made by him, her or them to the treasurer of the county of Erie for payment thereof may sue for and recover the same with lawful interest as aforesaid and the costs of suit in any proper form of action against the county of Erie in any court having cognizance thereof and in such action it shall be sufficient to declare generally for so much money due to the plaintiff by virtue of this act for real estate taken or acquired for the purposes herein mentioned. The order confirming the report of said commissioners with proof of the right and title of the plaintiff and plaintiffs to the sum or sums deNo security manded shall be conclusive evidence in such suit or action. In no or deposit by county event shall the county or the park commission be required to give security or make deposit with the court as provided in the condemnation law.

Order confirming report conclusive.

or com

mission.

L. 1876, ch. 231, 8 1 amended.

Salaries

and fees of super

visors.

§ 2. This act shall take effect immediately.

CHAPTER 258

AN ACT to amend chapter five hundred and forty-three of the laws of nineteen hundred and nine, entitled "An act to make the office of supervisor in the county of Erie a salaried office, and to provide for the appointment and compensation of other officers of said board," relating to compensation of supervisors of Erie county.

Became a law April 1, 1925, with the approval of the Governor. 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 one of chapter two hundred and thirty-one of the laws of eighteen hundred and seventy-six, entitled “An act to make the office of supervisor in the county of Erie a salaried office, and to provide for the appointment and compensation of other officers of said board," as last amended by chapter five hundred and forty-three of the laws of nineteen hundred and nine,1 is hereby amended to read as follows:

§ 1. Each supervisor now or hereafter elected for any town or ward in the county of Erie, shall receive a compensation for his services as member of the board of county canvassers and as supervisor, an annual salary of eight hundred dollars, to be payable monthly from the treasury of said county. Each supervisor now or hereafter elected for any town in the county of Erie, shall besides such salary receive travel fees at the rate of eight cents a mile 4 Following sentence new.

1 Previously amended by L. 1888, ch. 364; L. 1893, ch. 620; L. 1895, ch. 174.