and delivery of lease. grounds as if the same were still a part of the lands in their possession, for park purposes. Upon the making and executing Execution by the trustees in charge of the said laboratory with the board deed or of commissioners of the Washington park of the city of Albany of an agreement to comply with the conditions herein imposed, the said board of commissioners of the Washington park of the city of Albany shall execute and deliver to Union university or to other properly constituted persons or authorities in charge of said laboratory, subject to the conditions and provisions mentioned, a deed, lease or grant, describing a plot of ground situate near the present site of the Dudley observatory, and which shall be a portion of the real estate of which the said board of commissioners of the Washington park are now seized and possessed, known as the "almshouse farm," the title to which is now rested in the said board of commissioners of the Washington park of the city of Albany. § 2. This act shall take effect immediately. Chap. 789. AN ACT to authorize the construction of a bridge over the East river between the cities of New York and Brooklyn. Accepted by the cities. BECAME a law May 27, 1895, 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: sioners to bridge. Section 1. Immediately after the passage of this act, the Commis mayor of the city of New York shall appoint three persons, and construct the mayor of the city of Brooklyn shall appoint three persous, who, with the mayors of said cities, respectively, shall constitute a commission for the purpose of constructing a permanent suspension bridge over the East river between the cities of New York and Brooklyn; said commissioners shall appoint one their number other than said mayors to be president thereof, and one to be secretary and one to be treasurer, and may employ counsel and appoint such subordinates and clerks as may be necessary, and to fix their compensation; they shall us, ete have power to make needful rules and by-laws, and shall keep a of President, officers, etc. records, Plan of bridge. Adoption and filing thereof. Construc tion of bridge by commis sioners. record of all their proceedings; they shall present a monthly statement of their receipts and expenditures, duly verified by the president and treasurer, to the mayors of said cities, respectively. § 2. Upon the appointment of said commissioners, they shall proceed as soon as possible to prepare a plan of a permanent suspension bridge to be constructed over the East river between the cities of New York and Brooklyn, from, at or near the foot of Broadway in said city of Brooklyn, to at or near the foot of Grand street, in said city of New York, which plan shall show the approaches to said bridge, the land necessary to be taken therefor, the height and all other particulars relating to said bridge, including piers and abutments, and for this purpose said commissioners are authorized to employ competent engineers and to invite submission to them of plans of construction and estimates of the expense thereof, and may hold public hearings in regard to the same if they so determine. After due consideration they shall adopt such plan as to them may seem the best adapted to carry out the purposes authorized by this act and shall file a copy of the same, signed by said commissioners, in the office of the commissioner of public works of the city of New York and a copy thereof so signed in the office of the commissioner of city works of the city of Brooklyn, and shall retain the original thereof so signed as a part of their records. § 3. Upon the adoption of said plan and the filing thereof, as provided in section two of this act, the said commissioners shall proceed to construct said bridge, the approaches and all the appurtenances thereto in accordance therewith, and for that purpose the said commissioners are authorized to enter into contracts, to employ engineers, surveyors and all other necessary subordinates, to purchase, receive, hold and use such real estate or interest therein as may be necessary and convenient to accomplish the object authorized by this act, and they may, Entry upon by their surveyors, engineers or officers, enter upon such real estate, sites and locations, and take possession of the same in the joint name of the city of New York and the city of Brooklyn. The title to all such real estate or interest therein shall be taken to and in the name of the trustees of the New York and Brooklyn bridge. All such real estate, easements, sites or locations, except lands. Title to Lands. of lands and rights. such as may be dedicated to the purposes of said improvement, Acquisition shall be purchased of the owner or owners at a price to be mutually agreed upon, or the said commissioners shall have the right to acquire the same in the manner and by the special proceedings provided for the condemnation of real property by chapter twenty-three of the code of civil procedure of the State of New York and any acts amendatory thereof or in addition thereto. Except that said commissioners shall not be required to state in their petition or to prove that they had been unable to agree with the owner or owners of said property for the purchase or the reason of such inability. of land water. sloners of § 4. The said commissioners are also hereby authorized to Acquisition acquire so much of the land under water or otherwise of the under East river as may be necessary for the construction of the piers and towers of the bridge hereby authorized to be constructed, and if any portion of the land under water or otherwise so required shall be or shall become the property of any individual or corporation, the same may be taken and acquired by proceedings under the condemnation act as above provided in cases where an agreement can not be had with the owners thereof for the purchase of the same, and the commissioners of the land Commisoffice of the State of New York are hereby authorized to convey may convey. to said cities such land under water that may be necessary for the construction of said bridge as may still remain the property of the State, but nothing in this act shall be construed to allow said commissioners to take or acquire any lands under water or above water which may have been owned or leased and used as a ferry by any corporation under the laws of the State of New York and which lands under water or above water may have been so necessarily used for running and maintaining of a ferry at the time of the passage of this act. land office of charter § 5. If any corporation shall possess a valid charter, with Purchase authority to construct a bridge such as is contemplated by the and rights. provisions of this act, said commissioners may, if they so determine, with the express consent of the mayors and comptrollers of the respective cities, purchase said charter and all the rights and powers granted thereby from the corporation so holding the same, so far as the same relates to the bridge authorized by this act, at a price to be mutually agreed upon, and thereby to take Proviso. Corporation may sell. of charter and rights by condemnation proceedings. or extinguish any existing right of such corporation to operate any railroad across said bridge. But nothing in this act contained shall prevent said commissioners in their discretion from contracting with any corporation to operate a railroad across said bridge if said commissioners shall determine it to be in the public interest, and any such corporation is hereby authorized to sell the same at such a price as its directors may by a vote of a majority of them assent to, and upon such purchase said Acquisition cities shall be vested with all the rights, powers and privileges of said corporation. In case the said commissioners can not agree with any such corporation as to the price at which said charter and the rights and powers granted thereby, including the right to operate any railroad across said bridge, shall be purchased, the said commissioners are hereby authorized to acquire the said charter and rights and powers by condemnation proceedings, taken in accordance with the provisions of chapter twenty-three of the code of civil procedure, known as the condemnation law, so far as the same can be applied, and the court before whom such proceeding shall be taken shall have the power to make all neces sary orders and give all necessary directions for carrying into effect the object and intent of such proceeding. The money to pay for such charter shall be furnished by said cities in equal portions, out of the proceeds of bonds issued in pursuance of the provisions of section six of this act. Cost, how borne. Issue of city bonds. § 6. The cost of constructing said bridge and the approaches and appurtenances thereto, including all expenses of the commissioners and their counsel, salaries of engineers, surveyors and other subordinates, and compensation of the commissioners, and the expenses of any and all condemnation proceedings shall be borne in equal shares by the city of New York and by the city of Brooklyn, and in order to meet the same the proper officers of each of said cities are hereby directed to issue from time to time upon the requisition of said commissioners, with the approval of the mayors of said cities, bonds of their respective cities, in such series and for such periods as they shall respectively determine. Disposition The proceeds from the sales of such bonds of the city of New York shall be paid into the office of the chamberlain of said city, and the proceeds from the sales of such bonds of the city of Brooklyn shall be paid into the office of the treasurer of said city, and shall be drawn out therefrom as nearly as may be in of proceeds. equal proportions for the purpose herein authorized, upon item ized vouchers duly certified by the president and treasurer of said commissioners. Said commissioners, except the mayors of the Compensa respective cities, shall receive for their services three thousand dollars per annum cach. tion of commissioners. of commis sioners. highway. Care and manage § 7. When the said bridge shall be completed the said commis- Final report sioners shall make their final report of all the matters conuected therewith, all expenses incurred and all payments made, and shall fle a copy of the same with the comptroller of the city of New York, and a copy thereof with the comptroller of the city of Brooklyn, and they shall fie all their records and papers in the office of the trustees of the New York and Brooklyn bridge. The Bridge & public said bridge shall thereupon be and become a public highway for the purpose of rendering travel between the cities of New York and Brooklyn safe and certain at all times, and the care, manage ment and control thereof shall be vested in the trustees of the New York and Brooklyn bridge, who shall possess in relation thereto like powers as are vested in them in relation to the said New York and Brooklyn bridge. The income of said bridge, Application after paying for the maintenance of the same, shall be paid monthly, in equal portions, to the sinking fund commissioners of the city of New York and city of Brooklyn, respectively, to be by them applied towards the payment of the interest and principal of the bonds issued under the provisions of this act, § 8. This act shall take effect immediately. ment. of income. Chap. 797. AN ACT to amend an act entitled "An act for the relief of Henry H. Brown," being chapter five hundred and thirty-one of the laws of the State of New York, for the year eighteen hundred and ninety-four. Accepted by the city. BECAME a law May 27, 1895, 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: tion and Section 1. The board of estimate and apportionment of the Examina city of New York is hereby authorized and empowered, in their audit of discretion, to examine into the facts relating to the alleged claim of claim. |