superior in force and effect to all other liens except unpaid general taxes. All moneys collected under and by virtue of the provisions of this act shall be paid to the county treasurer of the county benefited or of the county in which the town, city, village or property is located, who shall pay the same on or before the first day of June in each year to the comptroller of the state, who shall deposit the same in a depository bank to the credit of the river improvement fund as herein provided for. Provided, however, that any county, city, village or individual who may elect to pay the whole of their apportionment, or the portion thereof at any time remaining unpaid, instead of in installments as hereinbefore provided, may pay the same to the county treas urer, and be discharged therefrom.

§ 11. The commission may from time to time make and issue bonds to pay the cost of improvements under this act. Separate issues of bonds shall be made for each separate work of improvement, and no issue shall exceed the aggregate assessment made for the improvement on which such issue of bonds is made. Such bonds shall show upon their face that the payment thereof is secured by an assessment for an improvement as provided in this act, and the proceeds of the assessment for the improvement on which such bonds are issued, shall be pledged for the payment of such issue of bonds. They shall by their terms become due and payable as determined by the commission not exceeding twenty years from the date of issue, and bearing interest not exceeding four per centum per annum, payable semiannually. Before issue such bonds must be approved as to amount, and countersigned by the comptroller. They shall also be signed by the president of the commission, and have the seal of the commission attached thereto. Such bonds shall be exempt from taxation in this state. They shall be sold by the comptroller at not less than par and accrued interest, and the proceeds thereof deposited in a national or state bank either at Albany or in one of the counties in which such improvement is made, to be approved by said comptroller and the president of the commission. But

before any such deposit is made, the comptroller shall require from such bank a bond as security for repayment of the same, to be approved by him as to form, conditions and sufficiency of sureties which shall provide for the repayment to such commission upon demand of the moneys so deposited. Moneys received under the provisions of this act shall constitute a fund to be known as the river improvement fund and all requisitions of the commission for payments for the purposes of this act shall be made by the commission or the officer of the commission authorized by it so to do and countersigned by the comptroller, upon that part of the river improvement fund applicable to the improvement for which such requisition is made.

§ 12. To temporarily provide for the expenditures which must necessarily be made before the proceeds from the sale of the bonds herein authorized become available, the commission is hereby authorized to issue certificates of indebtedness bearing interest at five per centum per annum which may be used only for the payment of liabilities incurred under this act in anticipation of the sale of bonds therefor. A separate issue of such certificates may be made for each separate work of improvement, the amounts to be approved by the comptroller, not to exceed the aggregate estimated cost for such improvement made as in pursuance of section four of this act. These certificates shall be issued in the name of the commission and shall be styled "river improvement certificates." They shall be signed by the president of said commission, countersigned by the comptroller, shall have the seal of the commission attached, be attested by its secretary and be payable principal and interest from the river improvement fund created by this act in like manner and effect as requisitions by the commission are herein provided to be paid.

§ 13. The commission shall have an official seal. The term of the member of the commission not holding a state office other than member of the commission, shall be five years. The commission shall organize under this act by the selection of one of its members as president who shall preside at its meetings, and

perform such other duties as are provided by law, or directed by the commission. The member of the commission not holding a state office, other than as a member of the commission, shall not receive a salary, but shall be paid his necessary and reasonable expenses actually incurred in the prosecution of his duties, and may also receive a just and reasonable per diem compensation to be fixed by his associate members of the commission, subject to the approval of the governor, for time actually employed by him in the work of the commission. Three members of the commission shall constitute a quorum at any hearing by the commission but a majority of the commission must concur in any determination of the commission and at least four members must concur in any determination for an improvement under this act. The commission is hereby authorized and empowered to employ a secretary and such engineers, stenographers, clerks and other subordinates as the duties imposed upon them by this act may require, and to fix and pay the reasonable salaries and expenses of such officers, and of all other subordinates for the purpose of proceedings by them under this act. The commission shall have power to charge to each improvement undertaken by it such portion of the expenses so incurred as it shall determine ratably and equitably is chargeable thereto and to include the same in the apportionment or assessment of .the cost and expenses of such improvement.

§ 14. The care, control, operation and maintenance of improvements provided for in this act shall devolve upon the commission, and the expenses thereof shall be a charge upon the various municipalities and properties according to the benefits derived therefrom respectively, to be collected in the same manner that the original cost and expense of the improvement was collected. Any person who shall open or close or cause to be opened or closed a gate or gates in any dam constructed under this act without the consent of the commission, or an officer thereof, shall be guilty of a misdemeanor.

§ 15. The commission shall annually on or before the first

Monday in February in each year submit a written report to the legislature. This report shall contain

1. An exhibit of the personnel of the commission and of all engineers and other persons connected with the commission.

2. A financial statement showing fully and clearly the condition of the finances of the commission, the amounts and dates of maturity of all bonds and certificates of indebtedness, the amounts of money received and their sources; the amounts of money paid and the purposes for which the same was paid.

3. A statement of the several petitions received by the commission and the action taken thereon.

4. A descriptive statement of each work of improvement on which work has been done during the previous year.

5. A statement of the conditions of improvements previously completed and the results secured by the work of improvement in each case.

In addition to the details as outlined above, the commission shall report to the legislature such other matters as it shall deem proper.

§ 16. The sum of ten thousand dollars or so much thereof as may be necessary is hereby appropriated out of any moneys in the treasury not otherwise appropriated to enable the commission to commence proceedings under this act. The provisions of this act, or the proceedings had or the work done in accordance therewith, shall not be construed as annulling or affecting any power of eminent domain, right, privilege or franchise heretofore created or conferred by law or acquired thereunder nor to permit the actual construction of any dam upon lands which now constitute a private park under and pursuant to article eleven of chapter twenty of the laws of nineteen hundred or pursuant to law, without the consent of the owner of such lands.

TO

TAX LAWS RELATING TO RAIL

ROADS.

CHAP. 675, LAWS OF 1881.

AN ACT to facilitate the payment of school taxes by railroad

companies.

Duty of school collector to deliver to county treasurer certain statement; duty of county treasurer in the premises.

SECTION 1. İt shall be the duty of the school collector in each school district in this state, except in the counties of New York, Kings and Cattaraugus, within five days after the receipt by such collector of any and every tax or assessment-roll of his district, to prepare and deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a statement showing the name of each railroad com pany appearing in said roll, the assessment against each of said companies for real and personal property respectively, and the tax against each of said companies. It shall thereupon be the duty of such county treasurer, immediately after the receipt by him of such statement from such school collector, to notify the ticket agent of any such railroad company assessed for taxes at the station nearest to the office of such county treasurer, personally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of tax to be paid by such railroad company.

Thus amended, Laws of 1885, chap. 533.

Time in which tax may be paid with one per cent. fees.

§ 2. Any railroad company heretofore organized, or which may hereafter be organized, under the laws of this state, may within thirty days after the receipt of such statement by such county.