CHARTER 
OF THE 
Nassau Water Company, 
Incorporated. April 12, 1855, 
Foil THE PURPOSE OF SUPPLYING THE CONSOLIDATED 
CITY OF BROOKLYN 
WITH 
PURE AND WHOLESOME WATER. 
B R O O K L Y N : 
PRINTED BY THE STANDARD PRESS, 
CORNER FULTON AND PINEAPPLE STREETS. 
1 8 6 9, AN ACT 
TO INCORPORATE THE NASSAU WATER COMPANY. 
Passed April 12, 1855. 
The People of the State of New-York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. John Vanderbilt, Benjamin D. Silliman,. 
William Kent, Joseph B. Varnum, Henry Buggies, An- 
drew Carrigan and John Randall, and all such persons as 
arc or may hereafter be associated with them, are consti- 
tuted a body corporate, by the name of the Nassau Water 
Company. 
Corporators. 
§ 2. The capital stock of said Company shall be three 
millions of dollars, to be divided into shares of fifty dol- 
lars each, and the said Company are hereby empowered 
to increase their capital stock at any time, to a sum not 
exceeding six millions of dollars. 
Capital Stock. 
§ 3. A majority of the persons named in the first sec- 
tion of this act shall meet at some convenient place in the 
city of Brooklyn, on the fifteenth day of April, instant, 
(or such other day as they may select,) and shall proceed 
to receive subscriptions to its capital stock, in such man- 
ner as they shall direct, and may adjourn such meetings 
from time to time, until the whole amount of such capital 
Time of Meet- 
ings. 4 
stock shall be subscribed. The stock shall be considered 
personal property, and shall be assignable and transfer- 
able on the books of the company. - 
Directors, 
when and how 
to be chosen. 
§ 4. The concerns of said corporation shall be managed 
by seven directors, who shall be stockholders, and who 
shall hold their offices for one year, and until others are 
chosen in their places. The directors shall be chosen 
annually, on the first Monday of May, at such place in 
said city as the directors for the time being shall appoint. 
The first'election shall be made on the first Monday of 
May, eighteen hundred and fifty-six. Three weeks' notice 
of such election shall be given by a publication, at least 
once a week, in two newspapers published in said city. 
Each stockholder shall be entitled to one vote upon each 
share of stock held by him or her for at least ten days 
previous to an election. Voting shall be by ballot, and 
may be in person or by proxy. 
President, etc., 
to be elected, and 
by-laws made. 
§ 5. The directors shall annually appoint a president, 
secretary, and such other officers as they shall deem neces- 
sary, who shall hold their offices until others are appointed 
in their places, and they shall make and ordain such by- 
laws and regulations as they may deem necessary and 
proper for the management of their business, and for ac- 
complishing the purpose of the corporation. 
Subscriptions to 
Stock, 
when to be paid. 
§ 6. The directors may require payment of subscrip- 
tion to the capital stock, at such times and in such pro- 
portions as they may see fit, under the penalty of for- 
feiting all stock and previous payment thereon, and may 
sue for and recover all such subscriptions. Notice of the 
time and place of said payments shall be published for 5 
four weeks previous to said time, at least once a week, in 
two newspapers published in said city. 
§ 7. The persons named in the first section shall be the 
first directors, and shall hold their offices until the said 
first Monday of May, eighteen hundred and fifty-six, and 
until others are chosen in their places. In case of vacancy 
in the direction, by reason of the death or resignation of 
any director, or of his ceasing to be a stockholder, it may 
be filled by the remaining directors until the next annual 
election, or until some other person shall be elected to fill 
the same. The directors herein named may appoint three 
persons, who shall be stockholders, to be inspectors of the 
first election, after which, the stockholders shall choose 
three such inspectors at the annual elections. If no in- 
spectors are chosen, the directors may appoint three, from 
time to time. The directors may remove all officers ap- 
pointed by them, and appoint others in their places, and 
fill all vacancies in the offices. If at any time an election 
of directors shall not take place on the day appointed by 
this act, the corporation shall not for that cause be dis- 
solved, but an election may be held on another day, in 
such manner as shall be prescribed by the directors, or 
provided for by the by-laws. 
First Directors, 
term of office of. 
Powers of 
Directors. 
§ 8. For the purpose of supplying the consolidated city 
of Brooklyn and its vicinity with pure and wholesome 
water, said company may purchase, take and hold any 
real estate necessary for the purpose, and by its agents, 
directors, servants or other persons employed, may, on 
making compensation therefor, in the manner provided 
for in this act, enter upon the lands of any person or per- 
sons which may be necessary for that purpose, and may 
Company 
authorized to 
purchase 
real estate. 6 
take the water from any springs, ponds, wells, fountains', 
streams, or other sources, and divert and convey the same 
to said city, and may lay and construct any pipes, conduits, 
aqueducts, canals, wells, reservoirs, or other works or ma- 
chinery necessary or proper for said purposes, upon any 
lands so entered upon, purchased, taken or held. Said 
corporation .may, as aforesaid, enter upon any lands, 
streets, highways, roads, lanes or public squares, through 
which they may deem it proper to carry the water from 
said springs, fountains, ponds, rivers, streams, wells, 
reservoirs, or other sources, and lay and construct therein 
any pipes, conduits, aqueducts, canals or other works for 
that purpose, and construct sewers or drains therein, by 
agreement with the said city corporation for the purpose 
of carrying off said water, leaving the said lands, streets, 
highways, roads, lanes, or public squares in the same con- 
dition, as nearly as may be, as they were before said entry. 
But said company shall not enter upon or dig into any 
street, avenue, lane, or public square of the dity of 
Brooklyn, for the purpose of laying pipes or conduits 
therein, until permission from the common council of the 
city of Brooklyn for that purpose shall be first had and 
obtained. 
Surveys and 
Maps to be made. 
§ 9. Before entering, taking or using any land for the 
purposes of this act, the directors of this company shall 
cause a survey and map to he made of the lands intended 
to be taken or entered upon for any of the said purposes, 
and by which the land of such owner or occupant, intended 
to be taken or used, shall be designated, and which map 
shall be signed by the surveyor or engineer making the 
same, and by the president of said company, and be filed 7 
in the office of the clerk of the county of Kings. The 
company, by any two of its officers, agents or servants, 
may enter upon any lands for the purpose of making any 
examination and of making said survey and maps. 
§ 10. Iii case the said company cannot agree with the 
said owners and occupiers of any land or water, intended 
to be taken or used, as aforesaid, for the purchase thereof, 
the directors may apply to the supreme court at any term 
or session thereof held in the second judicial district, or 
to the county court of said county of Kings, for the ap- 
pointment of three commissioners'by whom the compensa- 
tion to be paid for the damages suffered, or to be suffered 
by any person or persons, by reason of taking said lands 
and water and constructing any of the works of said com- 
pany, shall be ascertained and determined, and in case of 
the death, resignation, refusal or disability to act of any 
of said commissioners, the court may appoint others in 
their places. The commissioners shall cause a notice of at 
least twenty days, of the time and place of their meeting, 
to be served upon such of the owners of the said land and 
water as can be found in this state, which may be served 
personally, or in their absence from their dwellings or 
places of business, by leaving the same thereat, with some 
person of suitable age, and in case of any legal disability 
of such owner to act, thereupon, serving notice in like 
manner upon his guardian or person appointed to act for 
him as hereinafter directed, and in case any of said per- 
sons cannot be found in this state, such notice shall be 
given by publishing the same for six weeks successively 
in two newspapers published in the said city, and if any of 
said owners shall be married women, insane, infants, or 
Duty of Commis- 
sioners in case 
of disagreement 
with 
property owner. 8 
idiots, the said court shall appoint some suitable person to 
attend in their behalf before tlie said commissioners, and 
take care of their interests in the premises. The commis- 
sioners may issue subpoenas to compel the attendance of 
witnesses to testify before them, and they or any of them 
may administer the usual oaths to such witnesses. They 
shall make a written report of all their proceedings, con- 
taining the testimony taken by them, and showing the 
sum awarded to each owner or any other person, and re- 
turn the same to said court to be filed on record. The 
company shall pay to each commissioner the sum of three 
dollars per day for every day necessarily spent by him in 
the performance of his duty under this act, and to each 
witness sworn and testifying, and if not sworn and testi- 
fying, who the commissioners shall certify were properly 
and necessarily subpoened, the sum of one dollar per day, 
and four cents per mile travel in going and returning, if 
living more than three miles from the place of meeting. 
Right of Appeal. 
§ 11. The said company, or any party to the proceedings 
of the commissioners, may appeal from any award or de- 
termination of the commissioners, provided the party ap- 
pealing shall, within ten days after such award or deter- 
mination shall be made, give written notice of the appeal 
to the other party or parties interested in the same, and 
the said court shall examine the report of the commission- 
ers, and if their proceedings in the case have been irregular, 
the court may set the same aside, and order new proceed- 
ings and appraisements, and the said court may make such 
orders in reference to the proceedings of the commission- 
ers and of notices to be given to parties as may not be 
inconsistent with this act, and as the nature of the case 9 
and the interests of the parties may require, and the said 
commissioners shall again examine the case, and their 
decision then made shall be final. If at any time after 
an attempted or actual ascertainment of compensation 
under this act, or any purchase of lands or water for the 
use of said company, the title acquired to all or any part 
of said land or water shall fail or be deemed defective, 
the said company may proceed anew to perfect such title, 
by procuring an ascertainment of the compensation proper 
to be made to any person or persons whose title, claim or 
interest in, or lien upon such lands, shall not have been 
compensated and extinguished according to law, and by 
making payment thereof in the manner heretofore pro- 
vided, as near as may be. 
§ 12. Upon the payment or legal tender of the com- 
pensation, determined as before provided, the said com- 
pany shall be entitled to enter upon for the purposes con- 
templated by this act, all the lands, waters and real estate 
for which such compensation shall be paid or tendered as 
aforesaid, and to hold and use the same for the said pur- 
poses, to them and their successors forever. If any person 
to whom any compensation shall be awarded, or who shall 
be entitled to the same by virtue of said award, cannot be 
found, or shall refuse to receive the sum awarded to him, 
then the said payment may be made by depositing the 
amount of the said award to the credit of said person, in 
such bank as may be appointed by said court, a certificate 
of such deposit, signed by the cashier of said bank, slial] 
be published by said company in two newspapers published 
in said city, for four weeks successively immediately after 
said deposit. If the person to whom compensation is 
Bight to enter on 
land after pay- 
ment of compen- 
sation. 10 
awarded, or who is entitled to receive the same as afore- 
said, be under legal disability as aforesaid, payment may 
be made to his guardian, or person appointed as aforesaid 
by the said court, and if said guardian or person appoint- 
ed cannot be found, then by deposit in bank as aforesaid. 
Title to land 
vested in 
Company. 
§ 13. The said company shall also take and hold, for 
the purposes contemplated by this act, all the lands, waters 
and real estate which they shall in any way legally enter 
upon and take by virtue thereof, to them and their suc- 
cessors forever. 
To conform to 
regulations of 
Common Council 
§ 14. In laying pipes and conduits, and constructing 
or erecting works in the streets, lanes and public squares 
of the city of Brooklyn, the company shall conform to such 
regulations as the Common Council of said city shall 
prescribe. 
To establish rules 
for government 
of persons using 
water. 
§ 15. The said directors of said company may establish 
rules and regulations for and concerning the conduct of 
all such persons as shall use the water from their works, 
so far as respects the preservation and use, and restrain- 
ing the waste thereof, and may thereby impose penalties 
and forfeitures for any violation of said rules and regula- 
tions, so that such penalties and forfeitures shall not in 
any case exceed ten dollars, which penalties may be 
recovered, with costs, in the name of the company, before 
any justice of the peace of the said city. Said rules and 
regulations shall be published for three successive weeks 
in two newspapers published in said city, and a copy of 
said rules and regulations, certified by the president or 
secretary of said company, with affidavits of the publication 
of the same, made by any one of the publishers of said 11 
papers, or by a foreman in their offices, shall be received 
as evidence in all courts and places. 
§ 16. The said company shall furnish water to the city 
of Brooklyn, for the purpose of extinguishing fires, and 
for other public use, upon such terms as may be agreed 
upon between them; and in case of disagreement, the 
compensation for the use of said water for the extinguish- 
ment of fires shall be determined by the appraisal of three 
disinterested men. And the said company may make any 
agreements, contracts and leases for the sale, use and dis- 
tribution of waters, as may be agreed upon between said 
company and any person or persons, associations and cor- 
porations, which agreements, contracts, grants and leases, 
shall be valid and effectual in law. 
To furnish water 
to City. 
§ 17. Any person who shall maliciously or wilfully 
destroy or injure any of the works or property of said 
company, or who shall maliciously or wilfully commit 
any act which shall injuriously affect, or tend thus to 
affect, the water of said company, shall be guilty of a 
misdemeanor. 
Misdemeanor. 
§ 18. The corporation hereby created shall possess 
the powers and lie subject to the provisions of title 
three, chapter eighteen, of the first part of the revised 
statutes. 
Certain powers 
granted. 
§ 19. All stockholders of this company shall be seve- 
rally and individually liable to the creditors of said com- 
pany, to an amount ecpial to tlie amount of stock held by 
them respectively, for all debts and contracts made by 
said company, until tlie whole amount of the capital stock 
Stockholders 
made liable. 12 
fixed and limited by the directors of the company, shall 
be paid in, and a certificate thereof shall have been made 
and recorded in the clerk's office of Kings county. 
Certificate of 
Capital Stock. 
§ 20. The president and a majority of the directors, 
within thirty days after the payment of the last instalment 
of the capital stock, shall make a certificate of the amount 
of the capital fixed and paid in, which certificate shall be 
signed and sworn to by the president and a majority of 
the directors, and shall within thirty days be recorded in 
the Clerk's office of Kings county. 
§ 21. The stockholders of said company shall be jointly 
and severally liable for all the debts that may be due and 
owing to all their laborers and servants, for services per- 
formed for said company. 
Liabilities of 
Guardians, etc. 
§22. No person holding stock in said company as 
executor, administrator, guardian or trustee,'and no per- 
son holding such stock as collateral security, shall he per- 
sonally subject to any liability as a stockholder of said 
company, but the person pledging the said stock shall be 
considered as holding the same, and shall be liable as a 
stockholder accordingly, and the estates and funds in the 
hands of such executor, administrator, guardian or trustee 
shall be liable in like manner and to the same extent as 
the testator or intestate, or the ward or person interested 
in such fund would have been, if he had been living and 
competent to act, and held the stock in his own name. 
Every such executor, administrator, guardian or trustee, 
shall represent the shares owned by him as such executor, 
administrator, guardian or trustee, at all meetings of the 13 
company, and may vote as a stockholder, and every per- 
son pledging his stock as aforesaid, may in like manner 
represent the same and vote accordingly. 
§ 23. No stockholder shall be personally liable for the 
payment of any debt contracted by said company, unless 
a suit for the collection of said debt, shall be brought 
against said company within six years after the debt shall 
have become due, and no suit shall be brought against 
any stockholder for any debt so contracted, until an exe- 
cution against the company shall be returned, unsatisfied 
in whole or in part. 
Stockholders not 
liable after 
certain time. 
§ 24. If the said directors shall at any time after the 
organization of said company, determine to increase the 
capital stock as herein provided, the books of subscrip- 
tion for said additional stock, shall be opened in the same 
manner as provided in section three of this act, and the 
said directors may require payment of the subscription to 
the said additional stock, in the same manner as is pro- 
vided in section six of this act. 
Increase of 
Capital Stock. 
§ 25. The corporation of the city of Brooklyn is hereby 
authorized to subscribe to the capital stock of said com- 
pany, to an amount not exceeding thirteen hundred 
thousand dollars, and to issue and sell its bonds in 
payment therefor. 
City authorized 
to subscribe to 
Capital Stock. 
§ 2G. If the corporation of the city of Brooklyn shall, 
at any time within twenty years after the passage of this 
act, make provision for repayment to the stockholders of 
the said company, for the amount of capital stock actually 
paid in and expended by them, together with twenty per 
City of Brooklyn 
authorized to 
purchase Water 
Works. 14 
cent, premium on the amount thus actually paid in and 
expended by said company, and assume the outstanding 
debts and contracts of said company, then the said water 
works, together with all lands, fixtures and appurtenances, 
shall vest in and become the property of the city of 
Brooklyn. And the corporation of the said city of 
Brooklyn is hereby authorized to make such purchase, 
and to issue and sell its bonds in payment therefor. 
Water Rates. 
§ 27. The said company shall furnish water to the 
citizens of Brooklyn, whenever its pipes are laid, at a 
price not exceeding the rates now charged for Croton 
water by the city of New York. 
Taxst^kPital 
§ faxes shall be assessed on the capital stock or 
property of this company, until it shall have earned seven 
per cent, per annum on its capital paid in. 
City of Brooklyn 
authorized to sell 
lands. 
§ 29. The corporation of the city of Brooklyh is hereby 
authorized to sell to the said company, any of its lands, 
streams and water privileges, in the counties of Kings 
and Queens, upon such terms and conditions as may be 
agreed upon by the respective parties. 
nights of city 
not to be 
interfered with. 
§ 30. Nothing in this act contained shall be so construed 
as to interfere with the rights, privileges, powers and im- 
munities, now held by the city of Brooklyn. 
Brooklyn 
Water Company 
of property of. 
§ 31. It shall be lawful for the corporation hereby 
created, at any time hereafter, to take or purchase all the 
interest, property and effects of the Brooklyn Water 
Company, or any part thereof, at such price and upon 
such terms as may be agreed upon by the respective par- 15 
ties. And the said Brooklyn Water Company are hereby 
authorized and empowered to convey, by deed or other- 
wise, to the corporation hereby created, all their property, 
effects, rights, privileges and immunities, or any part 
thereof; and upon the same being so conveyed, they shall 
absolutely vest in the corporation hereby created. 
§ 32. The said company may open and keep offices in 
Brooklyn and New York. 
Offices. 
§ 33. This act shall take effect immediately. Pages 17-18 missing AN ACT 
TO PROVIDE FOR THE SUPPLY OF THE CITY OF BROOKLYN 
WITH WATER. 
Passed February 11, 1857-three-fifths being present. 
The People of the State of N~ew -York, reporesented 
in Senate and Assembly, do enact as follows : 
Sec. 1. The holders of the stock issued by " The Nas- 
sau Water Company, other than the city of Brooklyn," 
may file in the office of the Clerk of the city of Brook- 
lyn, a written consent, that the city of Brooklyn may 
purchase their said stock, at the par value thereof, with 
seven per cent, interest, from the date of such issue ; and 
the city of Brooklyn shall thereupon pay to the said 
stockholders, or their assigns, such par value, with the 
interest as aforesaid; whereupon all the contracts, prop- 
erty and rights of the said company, of every nature and 
description whatsoever, shall vest absolutely in the city 
of Brooklyn, and the city of Brooklyn shall assume and 
be charged with all the outstanding contracts, debts and 
liabilities of the said company. 
City of Brooklyn 
may 
purchase stock. 
§ 2. There shall be a Board of Water Commissioners, 
consisting of seven members, to supervise the construct- 
ing of the works for supplying the city of Brooklyn with 
water, and to complete the same, under, and according to 
Board of Water 
Commissioners 
organized. 20 
a contract for that purpose entered into between " The 
Nassau Water Company" of the one part, and Henry S. 
Welles, and Charles F. Welles, Jr., doing business under 
the firm name of " Henry S. Welles & Co.," of the other 
part, bearing date the tenth day of June, eighteen hun- 
dred and fifty-six; and the said Commissioners are 
hereby vested with all the powers, and are authorized to 
perform all the duties requisite or necessary in and 
about the construction and completion of the said water 
works, as aforesaid, and which they might exercise and 
perform for such purpose if they constituted the Board 
of Directors of the said company, and no transfers of 
the rights of the said company had been made to the 
city of Brooklyn. No alterations increasing the cost of 
the said works under the said contracts shall be made 
by the said Commissioners without the assent of the 
Common Council of the said city. 
Powers of. 
Names 
and duties of. 
§ 3. The present Directors of the said company, 
namely, John II. Prentice, William Wall, Daniel Van 
Voorhis, James Carson Brevoort, Nicholas Wyckoff, 
Thomas Sullivan, and Nathaniel Briggs, are hereby con- 
stituted and appointed said Water Commissioners. They 
shall enter upon their duties as Commissioners when the 
city of Brooklyn shall become vested with the contracts, 
property and rights of said company as aforesaid, and 
shall hold office until said water works are completed, as 
contemplated by the said contract, but they shall receive 
no compensation for their services. In case any vacancy 
shall happen by reason of the death or resignation of 
any Commissioner, the Board of Commissioners shall 
nominate some person to fill such vacancy, to be ap- 21 
proved by the Mayor of said city; and in case of a dis- 
approval by said Mayor, they shall continue to nominate 
until his approval is obtained. Each Commissioner shall 
execute a bond to the city of Brooklyn, with two sureties, 
to be approved by a Justice of the Supreme Court, in the 
first or second districts, in the penal sum of twenty thou- 
sand dollars, conditioned that he shall faithfully perform 
his duties and account for all moneys which shall come 
into his hands as such Commissioner. Such bond shall 
be filed in the office of the said City Clerk. 
§ 4. The Board of Commissioners shall elect one of its 
members President, and another Secretary, and may 
make such by-laws, rules and regulations for the transac- 
tion of its business and for the government of its officers, 
agents and employees, as shall be convenient and not 
contrary to law. A majority of the Commissioners shall 
constitute a quorum for the transaction of business. 
§ 5. The proceedings to acquire land and water and 
interest therein, and to extinguish claims for damages, 
which are authorized by the act incorporating the said 
company, may be taken in like manner by the said Com- 
missioners, but in the name and on behalf of the city of 
Brooklyn. 
Officers, and 
regulations of. 
§ 6. All legal proceedings under the act incorporating 
the said company, which shall be pending when the con- 
tract, property and rights of the said company shall be 
vested in the city of Brooklyn, as herein provided, may, 
at the option of the Commissioners, be continued in the 
name of the said company, or be prosecuted by them to 
completion in the name of the city of Brooklyn. 
Legal proceed- 
ings, 
in whose name 
to be taken. 22 
Funds to be 
drawn from 
Comptroller. 
§ 7. The said Commissioners may draw upon tlie 
Comptroller of the city of Brooklyn for any sum in 
favor of and to be paid to the owner of any lands, 
streams, or property acquired or effected by virtue of 
this act, and in favor of and to be paid to any con- 
tractor, for any sum due on his contract, and also to be 
paid for any charges and expenses incurred by them in 
the performance of their duties. Such drafts shall 
specify the objects for which they are drawn, and shall 
be paid by the said Comptroller on their presentation. 
Action of 
Common Council 
confirmed. 
§ 8. The action of the Common Council of the city 
of Brooklyn, adopted on the fourth day of June, eigh- 
teen hundred and fifty-six, and approved by the Mayor 
thereof, on the ninth day of Jmie, eighteen hundred 
and fifty-six, in relation to the manner of supplying the 
said city with water, and authorizing the subscription 
by the city of Brooklyn, of the sum of thirteen hundred 
thousand dollars to the stock of the said company, for 
that purpose, and the subscription of said stock by the 
Mayor of said city, and the issuing of city bonds in 
payment thereof, in conformity with such action, are 
hereby ratified and confirmed, and the bonds issued 
in payment of such subscription are hereby declared to 
be binding upon the city of Brooklyn; and the said city 
shall issue new bonds in place of any bonds issued on 
account of such subscription in tlie form provided in the 
next section of this act, upon the surrender by the hold- 
ers thereof of the bonds issued on account of such sub- 
scription. 
Bonds of city to 
be issued. 
§ 9. The bonds of the said city for the additional 
amount of two millions nine hundred thousand dollars, 23 
and such further amount as shall be necessary to pay 
the interest on the said bonds already issued and here- 
after to be issued, until such interest shall be met by the 
income of the water works and taxation, as hereinafter 
provided, shall be issued by the Mayor, Comptroller and 
Clerk of the said city, in the manner heretofore done by 
them in regard to the other bonds of the said city, from 
time to time, as the same shall be required for the pur- 
pose of this act, payable in not less than twenty-five, nor 
more than forty years, bearing interest at the rate of six 
per cent, per annum, payable half yearly, on the first 
days of July and January in each year; and the said 
bonds issued and hereafter, to be issued, and the pro- 
ceeds of the sale thereof, shall constitute the fund for 
paying the cost of construction and completing the said 
water works. 
§ 10. The said bonds issued and hereafter to be is- 
sued, as aforesaid, may be sold by the said Commis- 
sioners at public or private sale, and the proceeds 
of such sale shall be by them paid over to the 
Treasurer of said city. The Commissioners, with the 
concurrence of the said Mayor and Comptroller, may 
pledge the said bonds for money borrowed temporarily, 
at a higher rate of interest, if they shall deem the ne- 
cessities of the work to require it. 
How to be dis- 
posed of. 
§ 11. The property of the city of Brooklyn, including 
tlie water works, reservoirs, lands, ponds, streams, right 
of way, pipes and hydrants, are hereby pledged for the 
payment of the bonds issued and hereafter to be issued 
as aforesaid, with interest. 
Security 
for payment of. 24 
General tax to be 
levied for 
deficiencies. 
§ 12. There shall be added to the general tax for the 
city of Brooklyn, at large, in the year eighteen hundred 
and fifty-eight, and'yearly thereafter, and levied and 
collected therein, such sum of money in each of said 
years as shall be necessary to pay any deficiency which 
the net income of the Water 'Works, after paying the 
annual expenses thereof, shall be insufficient to pay off 
interest for any such year, or any such bonds, and the 
further sum of fifty thousand dollars, which is hereby 
directed to be paid to the Commissioners of the Sinking 
Fund of the said city, and held and managed by them 
for the full and final redemption of said bonds, and for 
no other purposes. It shall be the duty of the Mayor 
and Comptroller of said city to estimate and ascertain 
the amount of such deficiency, and transmit a statement 
of the same, in each year, to the Board of Supervisors 
of the county of Kings, in time to have such account 
included in the general tax of the said city, for that 
year; and it shall be the duty of the Supervisors to cause 
such account to be included in such general tax. 
Taxes, 
how to be levied, 
§ 13. The lands which shall be occupied by the said 
Water Works in Kings and Queens counties, shall be 
taxed at the value of the land, exclusive of any im- 
provements thereon, and all such improvements shall be 
exempt from taxation. 
§ 14. All acts and parts of acts inconsistent with this 
act, are hereby repealed. 
§ 15. This act shall take effect immediately. 25 
State of New York, 
Secretary's Office. 
I have compared the preceding 
with the original law on file in this office, and do hereby 
certify that the same is a correct transcript therefrom 
and of the whole of the said original law. 
Given under my hand and seal of office, at 
the city of Albany, the eleventh day of 
[l. s.] February, in the year one thousand eight 
hundred and fifty-seven. 
N. P. STANTON, 
-Dep. Secretary of State. 26 
At a meeeting of the Board of Directors of the 
Nassau Water Company, held April 11th, 1857, it was, 
on motion, 
Resolved, That the Nassau Water Company accepts 
and consents to the Act entitled " An Act to provide for 
the supply of the city of Brooklyn with Water," passed 
February 11th, 1857, and consents to the transfer of its 
contracts, property and right, pursuant to tlie provisions 
and conditions thereof. 
On motion, the following notice to the city of Brooklyn, 
in accordance with the Act of February 11th, 1857, was 
directed to be filed in the office of the clerk of tlie city: 
To the City of Brooklyn and Common Council of said City : 
Consent of stock- 
holders to 
transfer stock. 
The undersigned, the holders of the Stock issued by 
"The Nassau Water Company, other than the city of 
Brooklyn," consent that the city of Brooklyn may pur- 
chase their said stock at the par value thereof, with 
seven per cent, interest from the date of the issue there- 
of, pursuant to an Act of the Legislature of the State of 
New York, entitled "An Act to provide for the supply 
of the city of Brooklyn with Water," passed February 
11th, 1857. 
Brooklyn, April 11th, 1857. 
John II. PrenticeFive Shares. 
J. Carson BrevoortTen " 
Daniel Van VoorhisOne Share. 
Wm. WallOne " 
Nicholas WyckoffOne " 
Thos. Sullivan. . . .,One " 
Nathaniel BriggsOne u 
SHARES ISSUED. 27 
On motion, the following communication was di- 
rected to be sent to the Common Council of the city of 
Brooklyn: 
The stockholders of the "Nassau Water Company, 
other than the city of Brooklyn," have filed in the office 
of the City Clerk of the city of Brooklyn, a written con- 
sent that the city of Brooklyn may purchase their stock 
at the par value thereof, and interest, pursuant to the 
"Act to provide for the supply of the city of Brooklyn 
with water," passed February 11th, 1857. 
The Directors are prepared to execute their official 
bonds, and enter upon their duties as Commissioners 
under the said act, as soon as the city shall take the 
legal steps to consummate the transfer to the city of the 
contracts, rights and property of the Nassau Water 
Company. 
Besides the consent above referred to, the said Di- 
rectors have adopted a resolution consenting to a trans- 
fer of the said contracts, property and rights pursuant 
to the said act. 
(Signed,) JOHN II. PRENTICE, 
President Nassau Nater Company. 
Brooklyn, April 11th, 1857. 
City Clerk's Office, 
Brooklyn, July 9th, 1857. 
Sir:-You are hereby notified that at a meeting of 
the Common Council, held on Monday, June 22d, 1857, 
a resolution, of which the annexed is a copy, was 
adopted: 28 
Acceptance of 
transfer. 
Resolved.) That the city hereby accepts the transfer of 
the outstanding stock of the Nassau Water Company, 
made by the tiling of a notice thereof in the office of 
the City Clerk, as authorized by an Act passed February 
11th, 1857, and that warrants be issued by the proper 
city officers, to the several persons making such trans- 
fer, for the par value of said stock, with interest, as pre- 
scribed by said Act. 
AFFIRMATIVE. 
Aid. Cashow, 
Russell, 
O'Neil, 
Lowber, 
Pierson, 
Dorlon, 
Doherty, 
Clarke, 
Rowe, 
Van Brunt, 
Spader, 
Bogart, 
Shaw, 
Fithian, 
Walsh, 
Vail, 
Bannon. 
McMahon, 
Woglom, 
Wilson, 
Smith, 
Preston, 
Scholes, 
Jenkins, 
Del Vecchio, 
NEGATIVE. 
Aid. Colahan, 
Ralphs, 
Walter, 
Palmer. 
Kalbfleisch, 
Adopted June 22d, 1857. 
Attest, S. J. BURR, 
Jwtan# Cleric, dec. 
The undersigned, the holders of all the Capital Stock 
issued by "The Nassau Water Company, other than the 
city of Brooklyn," hereby, each for himself, sells and 
transfers to the city of Brooklyn, the shares now stand- 
Sale of Stock. 29 
ing in their names, with the number held by each indi- 
vidual opposite their respective names, being in all twen- 
ty shares. 
Brooklyn, 2d July, 1857. 
John II. PrenticeFive Shares. 
J. Carson BrevoortTen " 
Daniel Van VoorhisOne Share. 
Nathaniel BriggsOne " 
Nicholas WyckoffOne " 
Win. WallOne " 
Thomas SullivanOne " 
Witness, Thomas R. Lush. 
BOARD OF WATER COMMISSIONERS 
OF THE CITY OF BROOKLYN. 
July 9th, 1857. 
Present-John II. Prentice, J. Carson Brevoort, Nich- 
olas Wyckoff, Win. Wall, Daniel Van Voorhis, Nathaniel 
Briggs and Thomas Sullivan, viz: the persons named in 
the law passed February 11th, 1857, entitled "An Act 
to provide for the supply of the city of Brooklyn with 
Water," which law having been read, 
On motion, Mr. Wall was chosen temporary Chairman, 
and J. Carson Brevoort, temporary Secretary. 
On motion, John II. Prentice, Esq., was unanimously 
elected President of the Board, and J. C. Brevoort was 
unanimously elected Secretary of the same. 
Organization 
Board of 
Commissionc 30 
At the meeting of 13th July, the following commu- 
nication was directed to be sent to the Mayor and 
Common Council: 
The undersigned would respectfully represent, that, 
in pursuance of the requirements of the Act of the Leg- 
islature of the State of New York, passed February 
11th, 1857, entitled "An Act to provide for the supply 
of the city of Brooklyn with Water," they have filed the 
required securities in the office of the Clerk of the city 
of Brooklyn, and organized as Water Commissioners, 
having elected as their officers, John II. Prentice, Presi- 
dent, J. Carson Brevoort, Secretary, and have appointed 
A. W. Craven of New York, Consulting Engineer, Jas. 
P. Kirkwood, Chief Engineer, and Moses Lane and 
Samuel McElroy, Assistant Engineers, with a full corps 
of Assistants, all in full working operation, as organized 
by the Nassau Water Company. 
John II. Prentice, 
Wm. Wall, 
Nicholas Wyckoff, 
J. Carson Brevoort, 
NATHANIEL BrIGG S, 
Tiios. Sullivan, 
Daniel Van Vooriiis. Pages 31-32 missing AN ACT 
IN RELATION TO SEWERAGE AND DRAINAGE IN THE CITY 
OF BROOKLYN. 
Passed April 15, 1857-three-fifths being present. 
The People of the State of New -York, represented 
in Senate and Assembly, do enact as follows : 
Section 1. The Board of Water Commissioners, as 
provided for in an act entitled "An Act to provide for 
the supply of the city of Brooklyn with water," passed 
the eleventh day of February, one thousand eight hun- 
dred and fifty-seven, shall be and are hereby constituted 
the Commissioners under this act, and shall have power 
to devise and frame a plan of drainage and sewerage of 
the whole of said city upon a regular system, for the 
purpose of thoroughly draining and carrying off the 
water and filth proper to be carried off by sewers, for 
the health and convenience of the inhabitants of said 
city. The plan shall show the location and direction, 
size and slope of each drain and sewer, whether mains 
or laterals, and its depth below the surface, and connec- 
tions with other drains and sewers, and such other par- 
ticulars as may be necessary and proper for the purpose 
of presenting a complete and entire plan of such drain- 
age and sewerage; they shall have access, for all their 
purposes, to all maps, surveys, and documents in the 
Water Com- 
missioners con- 
stituted Sewer 
Commissioners. 
Plan of Sewer- 
age. 34 
Officers, 
to be appointed. 
public offices of said city; they shall appoint one Gen- 
eral Superintendent, and as many Engineers, Surveyors, 
Assistants and Clerks as may be necessary to carry out 
the provisions of this act; the said Superintendent shall 
apportion all assessments hereinafter mentioned, and 
perform and execute such other duties under this act as 
the said Commissioners may delegate to him, in the same 
manner, and with the same effect, as if performed and 
executed by the said Commissioners; they shall pay the 
said Superintendent a salary of two thousand dollars a 
year; they may pay to said Engineers, Surveyors, Assist- 
ants and Clerks such compensation as they may think 
proper, and incur such other incidental expenses as may 
be necessary in the performance of their duties under 
this act. 
Salaries. 
Record 
of Proceedings. 
§ 2. The said Commissioners shall keep a record of 
their acts and proceedings, which record shall be filed, 
on the completion of their term, in the office of the 
Street Commissioner of the city of Brooklyn. For all 
purposes of this act the said Commissioners shall have 
jurisdiction and control over all streets and avenues in 
said city. 
Control of 
Streets. 
§ 3. The expenses mentioned in the preceding sections 
of this act shall be disbursed by the said Commissioners, 
who may borrow the amount thereof, if necessary, in such 
sums, as may be requisite, in anticipation of the same 
being raised by tax; they shall deliver annually to the 
Mayor of said city, a statement of the amount necessary 
to be raised to pay such expenses and interest on any 
moneys borrowed as aforesaid; who shall thereupon 
transmit the same to the Supervisors of the county of 
Expenses, how to 
be met. 35 
Kings, who shall cause such amount to be levied upon 
the taxable property of said city, in the next general tax; 
and the amount so levied, shall be collected with such 
general tax, and paid by the City Treasurer to the said 
Commissioners upon a warrant of the Mayor and Comp- 
troller of said city, countersigned by the City Clerk, who 
are hereby directed to pay the same out of any moneys 
collected in such general tax. 
§ 4. Whenever the said Commissioners have prepared 
the said plan of drainage and sewerage, in whole or in 
part, of the said city of Brooklyn, they shall cause public 
notice to be given in all the newspapers in the city of 
Brooklyn, that such plan has been filed in their office 
for inspection, and that they will meet at a time and 
place in said city, to be specified in said notice, not less 
than twenty days after the publication of such notice, 
when they will receive the views and suggestions and 
objections of any parties interested in the drainage and 
sewerage of said city. The said Commissioners shall 
hear such parties at the time and place so specified, or at 
any adjourned meeting then and there proclaimed, and 
shall thereupon amend and correct the same as they may 
deem proper, and file a copy thereof as amended and 
corrected, and duly certified by them, in the office of the 
Street Commissioner of said city, and a similar copy in 
the office of the Register of the county of Kings, where- 
upon the plan or any part thereof, therein set forth, 
shall be the permanent plan of sewerage of the city of 
Brooklyn. 
Plan to bo 
revised, and 
interested 
parties heard. 
§ 5. The said Commissioners shall, upon the filing of 
the said amended and corrected plan, proceed to construct 
Construction of 
Sewers, &c. 36 
such of the drains and sewers therein adopted as the 
public health, convenience or interest shall demand, or 
so much thereof as may be necessary; they shall cause 
specifications of the work, in the most approved form 
and character, to be made, and shall let the same out to 
be done by contract to such persons as shall best, in their 
judgment, subserve the interests of the public and the 
parties assessed. They shall employ proper persons to 
inspect the work, and may employ counsel to aid them 
in the performance of their duties. 
Expenses, by 
whom to be 
borne. 
§ 6. Tlie expenses attending the construction of drains 
and sewers shall be borne as follows, that is to say: the 
ainonnt of so much of the expenses of constructing any 
main drain or sewer, as shall in the judgment of the 
Said Commissioners exceed the cost of a proper lateral 
drain or sewer, for the street in which such main drain or 
sewer shall be laid, shall be assessed upon tlie owners of 
lands other than those fronting on such streets or ave- 
nues as shall be drained by, or discharge their waters 
through any lateral sewer, in such main, drain or sewer, 
in proportion to the benefit derived by such owners, res- 
pectively, by such main drain or sewer, not exceeding 
any actual benefit derived therefrom by them respec- 
tively. The balance of such expenses for the construc- 
tion of any main drain or sewer, and the expenses of 
constructing any lateral drain or sewer, shall be assessed 
by the said Commissioners upon the owners of lots front- 
ing on the streets and avenues through which such sewer 
shall be laid, in proportion to the benefit derived by 
them respectively, not exceeding the actual benefit 
derived therefrom by them respectively. 37 
§ 7. The said Commissioners shall cause assessments 
for the expenses as aforesaid of each sewer constructed 
by them, to be made out in proper form, with diagrams 
showing the property assessed, and the names of the 
owners thereof, and when such assessment is made, pub- 
lish a notice in the corporation newspapers that the same 
has been completed, and of a place in said city where 
the same may be examined, and of a time not less than 
ten days thereafter, when, and a place in said city where, 
they will meet to hear objections thereto; they shall then 
and there hear parties objecting, and shall thereupon 
proceed to amend and correct such assessment as they 
may deem proper; they shall then certify the same to be 
complete, and send the same so certified to the Common 
Council of said city, together with a copy of the contract 
made by them for the work, and a certificate of the 
expenses included in such assessments, and to whom the 
same may be payable; and thereupon such assessments 
shall have the same force and effect as, and shall be 
deemed to be, local assessments within the operation of 
the charter and laws relating to said city, and the ordi- 
nances thereof, and the assessments therein made shall 
become a lien upon the lands so assessed, and the owners 
of the lands so assessed shall be liable to pay such assess- 
ments; and a warrant for the collection of the same 
shall be issued, and the actual collection thereof shall 
be made in the same manner as if such assessments were 
for a local improvement under the charter and laws in 
force, relating to said city and all provisions of said 
charter and laws, and of the ordinances of said city, in 
relation to assessments for local improvements, after the 
Manner of 
levying assess- 
ments. 38 
confirmation thereof; and in relation to thfe collection of 
the same, the making assessments liens upon the lands 
assessed; making the owners of lands and their personal 
property liable to pay assessments thereon ; issuing war- 
rants for the collection of assessments, the duties of col- 
lector and other city officers in regard to collecting 
assessments; the sale of lands for the non-payment of 
assessments; the redemption of lands from sales for 
assessments; the description of assessment lists; the pay- 
ment of moneys raised by assessment to the parties enti- 
tled to such moneys; shall, so far as the same can be 
made applicable, apply to the assessments for such drains 
and sewers respectively, after the same shall be trans- 
mitted to the Common Council as aforesaid, and shall 
apply to the persons interested therein, and to the lands 
so assessed, and the owners thereof respectively, and to 
the city officers and the parties entitled to the moneys 
so assessed. 
Sewers in streets 
not opened. 
§ 8. In case tlie said Commissioners shall, in devising 
and framing a plan of sewerage and drainage, find it 
necessary to construct a sewer or drain through any part 
of any street or avenue, not opened by law, and such 
sewer or drain cannot he constructed so as to properly 
drain any portion of said city without carrying the same 
through any part of such street or avenue not opened as 
a public street or avenue, it shall be lawful for said 
Commissioners, or a majority of them, to present a peti- 
tion to the Supreme Court at a General or Special Term 
thereof, held in the city of Brooklyn, for the appoint- 
ment of Commissioners to proceed to open said streets or 
avenues, in the same maimer as now provided by law 39 
for opening streets and avenues by petition to the Com- 
mon Council of said city, and the said court, upon such 
application, shall be authorized to appoint such Commis- 
sioners; ten days' notice of such intended application 
shall be published in the newspapers employed by the 
Mayor and Common Council of the city of Brooklyn for 
the publication of ordinances and notices, stating flic 
time and place when such petition will be presented to 
flic court; all parties in interest maybe heard before 
said court; and if said court shall make an order for the 
appointment of such Commissioners, then all the laws in 
relation to opening streets and avenues in said city, the 
awarding of damages, making assessments a lien, and 
fixing districts of assessments, and collecting such assess- 
ments, shall be applicable thereto, in the same manner 
as if such street or avenue had been opened on petition 
to the Common Council of said city. 
§ 9. All acts and parts of acts inconsistent with this 
act, are hereby repealed, so far as the same conflict with 
this act. 
§10. This act shall take effect immediately. 40 
' State of New York, 
Secretary's Office. 
I have compared the preceding 
with the original law on file in this office, and do hereby 
certify that the same is a correct transcript therefrom, 
and of the whole of the said original law. 
Given under my hand and seal of office, at the 
city of Albany, this 21st day of April, in the 
year 1857. 
N. P. STANTON, 
Dep. Secretary of State. 
[L. 8.] Pages 41-42 missing AN .A. C T 
TO PROVIDE FOR THE SUPPLY OF THE CITY OF BROOKLYN 
WITH WATER. 
Passed April 16th, 1859-three-fifths being present. 
The People of the State of New Ybrh, represented in 
Senate and Assembly, do enact as follows: 
Section 1. The Board of Water Commissioners crea- 
ted by the act entitled "An Act to provide for the supply 
of the city of Brooklyn with Water," passed February 
11th, 1857, are hereby authorized to purchase such 
additional land, and under existing provisions of law, 
extinguish such additional water rights as may be neces- 
sary for the use or protection of the said water works, 
and such additional pipes and other materials as may be 
necessary for the distribution of water, and the increase 
of the cost of the said water works, occasioned thereby, 
and all incidental expenses, incurred and to be incurred 
in the construction and management of said works, 
except as hereinafter otherwise provided for, shall be 
met by the issue of bonds, as prescribed by the said act, 
to the necessary amount, provided that such issue shall 
in no event exceed five hundred thousand dollars unless 
with the approval of the Common Council of said city. 
Additional power 
to purchase 
land if granted. 
Bonds 
to be issued. 44 
Control of Water 
Works 
to be delivered to 
Permanent 
Water Board. 
§ 2. When the said water works shall be completed so 
as to be capable of delivering and distributing a daily 
supply of ten millions of gallons in the said city, the 
said Commissioners shall certify the same to the Common 
Council of the said city, and thereupon the exclusive 
control and management thereof as fast as the same 
shall be completed shall be transferred to a permanent 
Water Board, to be created as herein provided, and un- 
til such transfer is consummated, the exclusive control 
and management of said works, shall be vested in the 
said Commissioners with the powers as are herein con- 
ferred upon the said permanent Water Board; such 
transfer shall not in any way affect the powers of the 
present Board of Commissioners as a Board of Construc- 
tion to complete the works. 
§ 3. The said permanent Water Board shall consist of 
four members, who shall be called Water Commissioners. 
The said Board shall be appointed as follows: Two there- 
of by the Commissioners first before mentioned in this act; 
the other two thereof shall be appointed by the Mayor 
of said city, and with the consent of the board of Alder- 
men of said city, at a meeting which shall be held for that 
purpose on the twenty-fifth day of April, one thousand 
eight hundred and fifty-nine, which said meeting shall 
convene at eleven o'clock on that day; and thereafter all 
vacancies which shall occur in said Board, shall be filled 
by a two-thirds vote of the Common Council, on the nom- 
ination of the Mayor of said city, but no one of the pres- 
ent Water Commissioners shall be eligible to any appoint- 
ment as a permanent Water Commissioner, under any of 
Water Board, 
how to 
lx? appointed. 45 
the provisions of this act. (Act of April, 1865, restored 
the old Commissioners.) 
§ 4. Said permanent Water Commissioners shall hold 
their offices for eight years and until others are appointed 
and qualify in their places, except that the members who 
shall first constitute the said Board shall hold their offices, 
one for two years, one for four years, one for six years, 
and one for eight years, and shall within thirty days after 
their appointment, draw lots for the said terms in the 
presence of said Mayor, who shall certify the same to 
the City Clerk. 
Term of office. 
§ 5. They shall respectively subscribe an oath of 
office and tile it in the office of the Clerk of the said 
city, within ten days after their appointment, and shall 
also, within the same .time, execute to the said city, and 
file in the said office, a bond with two or more sureties, 
in die penal sum of twenty thousand dollars, conditioned 
that they will faithfully account for all moneys which 
shall come into their hands or into the hands of the said 
Board and perform their duties as such Commissioners. 
The Justices of the Supreme Court of the Second Judi- 
cial District shall approve of such bonds or require the 
execution of others in their place, until the same shall 
be approved, and no Commissioner shall take office until 
such bonds shall be approved by the said Justices of the 
Supreme Court of the Second Judicial District, and in 
case any of such first Water Commissioners shall fail to 
qualify or enter upon office, the nomination and appoint- 
ment shall be made pursuant to the third section of this 
act, as if no such nomination or appointment had been 
made, until such permanent Water Board shall be fully 
Oath of office and 
Bond to be filed. 46 
filled. All subsequent vacancies created by death, resig- 
nation or otherwise, shall be filled for the unexpired term 
in the manner hereinbefore provided. 
Salary. 
§ 6. The members of the said Board shall each receive 
an annual salary of two thousand five hundred dollars, 
payable quarterly. 
Removal of from 
office. 
§ 7. Any Commissioner may be removed from office 
by a vote of two-thirds of the members elected to the 
Common Council, for cause, upon written charges of 
misfeasance or non-feasance in office, and after reason- 
able opportunity to be heard in his defence. 
Regulations of 
officers. 
§ 8. The said Water Board shall make by-laws and 
regulations for its own government, and for the govern- 
ment of all officers and employees whom it may appoint. 
One of its own members shall be elected President, and 
another Secretary, who shall have charge of the records 
and papers of the Board, and the same are hereby 
declared to be public records. 
§ 9. The said Board may appoint during pleasure a 
Chief Engineer, a Water Register, a Water Purveyor, 
and such and so many other subordinate officers and 
employees as the water service may require; and shall 
fix and pay their salary and compensation. 
Duty of Board. 
§ 10. The said Board is hereby charged with the duty 
of managing said works, so as to obtain the objects for 
which they are constructed and of keeping them in a 
state of efficiency and repair; and they are authorized, 
from time to time, to expend such sums of money as 
shall be appropriated by the Common Council for those 
purposes. 47 
§ 11. The said Board shall, in the name of the city of 
Brooklyn, prosecute or defend all actions and proceed- 
ings, at law and in equity, for money due for the use of 
water, or for the violation of any ordinance or regulation 
respecting the water works or water, or for the breach 
of any express or implied contract relating to the con- 
struction or management of the water works, or the dis- 
tribution of water; and also for any injury or nuisance 
to the water courses, ponds, canals, conduits, reservoirs, 
pipes, machinery, buildings, fences, crossings, fixtures, 
or anything appurtenant to the said water works, or for 
any improper use or waste of the water, within or 
beyond the city of Brooklyn. 
To prosecute 
suits in name of 
city. 
§ 12. All water rates and water rents shall be paid to 
and collected by the said Board. All moneys received 
by the said Board, shall be paid weekly, to the Treasurer 
of the city of Brooklyn, who shall keep a separate 
account of all moneys received from, and paid on account 
of the water works. lie shall hold all moneys paid in 
on account of the water works, and shall pay them out 
as provided by this act, and not otherwise. The said 
Board shall draw their drafts upon the Comptroller of 
the said city, signed by their President and Secretary, 
for all salaries and all charges, liabilities and expenses 
incurred in the performance of their duties under this 
act; specifying in such drafts the purpose for which the 
same arc drawn; and the said Treasurer shall pay the 
same out of the said water moneys, on the draft of the 
Comptroller, countersigned by the Mayor and City Clerk. 
Moneys to be 
received and 
expended by. 
§ 13. The said Board may, upon such terms and con- 
ditions as they may prescribe, license plumbers and 
Licenses. 48 
others to open streets and bore pipes, and make the ne- 
cessary connections therewith to conduct the water upon 
any premises for use, and may prescribe a license fee to 
be paid by such licensees, and may require from them 
security against dam* and for the faithful performance 
of their duties. 
§ 14. The said Board shall fix the times when all 
water rents shall be payable; they may make regulations 
as to the times and mode of using the water and testing 
the quantity used, and the rules and restrictions for such 
use printed on each water permit, shall be notice to the 
water takers, and shall authorize the exactions and 
recovery, by due process of law, of any penalties which 
the said Board may impose, in addition to the cutting off 
the use of the water, for any violation of the rules, and 
this section shall be printed on such permits. 
rower to make 
certain regula- 
tions, &c. 
Records to be 
kept. 
§ 15. The said Board shall keep regular books of 
accounts, and a full and accurate record of all their 
official proceedings, which shall be open to the inspec- 
tion of the Mayor and Comptroller of the said city, and 
the Water Committee, or such Special Committee as the 
Common Council may designate for that purpose. They 
shall, on the first Tuesday of February and August in 
each year, make a written report to the Common Council 
of the condition of the works under their charge, up to 
the first of January and the first of July, respectively, 
accompanied by a statement of their receipts and expen- 
ditures on account of the same, and shall, on or before 
the first Monday of May, in each year, report to the 
*So in original. 49 
Common Council a working plan for the ensuing year 
under the several heads of repairs, purchase and laying 
of mains and pipes, and new work, with an estimate of 
the quantity of work under each head of expenditure, 
which it shall be proposed to undertake, and of the cost 
of each, and of the amount of salaries and contingencies 
to be incurred, and exhibiting a total of the expendi- 
tures contemplated to be made during the ensuing twelve 
months from the first of May then next. The appropria- 
tions which the Common Council shall make, for the 
preservation and repair of the works, shall be applied to 
those objects alone, for which the appropriations shall be 
made, and the expenditure of any object shall not exceed 
the appropriation therefor. 
Reports to be 
made. 
§ 16. It shall be the duty of the Standing Water Com- 
mittee of the' Common Council to inspect the said water 
works, thoroughly once in every year, and make a writ- 
ten report thereon to the Common Council. The Com- 
mon Council shall, on the first Monday of November, in 
every year, appoint a Special Committee of their body, 
who shall examine the books, accounts and vouchers of 
the said Board, and the receipts of the water rents, and 
make a written report thereon to the Common Council. 
The members of the said committee shall each receive 
three dollars for each day of six hours necessarily em- 
ployed by them in the performance of said duties. 
Common Council 
committee to be 
appointed, &c. 
§ 17. The said Board shall cause hydrants to be 
placed in the public streets wherever they may deem 
them necessary, to be used for the extinguishment of 
Hydrants. 50 
fires and other purpoes,* and may prescribe and limit 
their uses; and any use thereof in violation of the regu- 
lations which said Board may impose, is hereby declared 
to be a misdemeanor, for which any person offending 
may be punished according to law. The said Common 
Council may, by ordinance, prescribe penalties for the 
violation of said regulation, and the said Water Board, 
in the name and for the use of the city of Brooklyn, to 
the credit of the water fund, may sue for and recover 
such penalties, with treble costs, in any court. 
Scale of Water 
rents. 
§ 18. The said Water Board shall recommend to, and 
the Common Conned shall, by ordinance, establish a 
scale of annual rents for the supply of the water, to be 
called the "regular rents," by way of distinction from 
the assessments hereinafter directed, and adapted to the 
different classes of buildings in said city, with reference 
to their dimensions, values, exposure to fires, their ordi- 
nary uses for dwellings, stores, shops, private or other 
stables, or other common purposes, number of families 
or other occupants or probable consumption of water, as 
near as may be practicable, and may change said scale 
from time to time, and also extend it to other descrip- 
tions of buildings, occupants and uses; such rents shall 
be collected from the owners and occupants of all such 
buildings, respectively, which shall be situated upon lots 
adjoining any street, avenue, lane or court in said city in 
which the distributing water pipes shall have been laid, 
and from which they can be supplied with water, 
whether the water shall be used or not. Said regular 
rates, together with all the interest that may accrue 
* So in original; 51 
thereon, shall be a lien upon such houses and lots res- 
pectively. Hotels, factories, stables, livery stables, and 
other buildings and establishments which shall consume 
extra quantities of water, and steamboats and shipping 
may, in addition to the regular rents, be charged with 
rents to be called " extra rents," to be established in like 
manner as tlie regular rents. The regular and extra 
rents now charged in the city of New York for the use 
of the Croton water, shall be paid for the water in the 
city of Brooklyn as herein before provided, except as a 
different scale shall from time to time be fixed by the 
said Common Council. Water may be distributed from 
said works for any use in Kings, Queens and adjacent 
counties, upon such terms and conditions as may be pre- 
scribed by the Water Board, subject to the ordinance of 
the Common Council. 
Extra rents. 
Water 
in adjacent 
counties. 
§ 19. Such regular and annual rents as shall remain 
unpaid for thirty days after they are payable shall be 
subject to an additional charge of one per cent, a month 
until paid, and such additional charge shall be a lien 
upon tlie premises. 
Arrears. 
§ 20. All taxes and rents authorized by this act to be 
imposed, except extra rents, shall be a lien upon the 
premises on which they are charged, and may be col- 
lected of either the owners or occupants. Such liens 
may be enforced according to existing laws for the col- 
lection of taxes in the city of Brooklyn. 
Rents made lien. 
§ 21. There shall be added to the general tax for the 
citv of Brooklyn at laro-e, in the year eighteen hundred 
v t/ O / I/O 
General taxes to 
be levied. 52 
and fifty-nine, and yearly thereafter, and levied and col- 
lected therein, the sum of fifty thousand dollars, which 
is hereby directed to be paid to the Commissioners of 
the Sinking Fund hereinafter mentioned, and held and 
managed by them for the full and final redemption of 
the bonds issued on account of the said water works, 
and for no other purposes; and also there shall be added 
to the said general tax for said city at large, in the year 
eighteen hundred and sixty, and yearly thereafter, such 
further sums of money, in each of said years, as shall be 
necessary to pay any deficiency which the net income of 
the water works, after paying the annual expenses 
thereof, shall be insufficient to pay the interest for any 
such year on any such bonds. It shall be the duty of 
the Mayor and Comptroller of said city to estimate and 
ascertain the amount of such deficiency, and transmit a 
statement of the same in each year, to the Board of 
Supervisors of the county of Kings, in time to have such 
amount included in the general tax of the said city for 
that year; and it shall be the duty of said Supervisors 
to cause such amount to be included in such general tax. 
How 
to be applied. 
§ 22. The price or rents to be fixed for the use of 
water to be supplied by the said works, shall, as far as 
may be reasonable and practicable, be regulated and 
adjusted so as to pay, from the net income, the interest 
upon, and ultimately the principal of tlie said bonds. 
After the payment or deduction of all expenses and 
charges of maintenance and distribution, the net surplus 
income from said works shall be set apart as a special 
sinking fund, to be denominated "The Water Sinking 
Fund," and shall be appropriated and applied for and 53 
towards the payment of the principal and interest of the 
said bonds, and shall be under the management and con- 
trol of the Mayor, Comptroller and Treasurer of said 
city, or the major part of them for the time being, who 
shall be the Commissioners of the said fund, to be ap- 
plied solely to the use and purpose aforesaid, until the 
principal and interest of the said bonds shall be .fully 
paid and discharged. 
§ 23. The moneys, directed by the preceding section 
to be paid into the said Water Sinking Fund, shall be 
invested, by the Commissioners of said fund, in the 
several and respective public stocks or bonds issued by 
the city of Brooklyn, by the county of Kings, by the 
State of New York, and by the United States. 
How invested. 
§ 24. The said Water Board shall, in every year, by 
resolution, fix the price which shall be assessed, (over 
and above the regular rent, and the special rent herein- 
before provided for,) upon every vacant lot situated upon 
any street, lane, alley or court, through or into which 
distributing pipes shall have been laid, until the bonds 
issued for the construction of the said works, with the 
interest thereon, shall have been paid, and thereafter 
they shall be adjusted so as to, with the other provis- 
ions of this act, for income from said works, meet the 
expense of repairs, maintenance and extension of the 
works. The net proceeds or income of the works shall 
be paid into the said Special Sinking Fund, as before 
provided. Such sums so assessed, together with per 
centages for default, as prescribed by section nineteen of 
this act, shall be a lien upon the said premises respec- 
Assessments on 
vacant lots. 54 
tively, and the same may be collected and enforced in 
the same manner as taxes arc collected and enforced 
against land in said city. 
Penalty 
for diverting or 
corrupting 
water. 
§ 25. Any person or persons, their aiders and abettors, 
who shall wilfully divert or cause the diversion of the 
water, or any portion thereof from the said works, or any 
portion thereof, or shall corrupt or render the water 
unpleasant or impure, or shall destroy or injure any 
canal, aqueduct, conduit, reservoir, pipe, hydrant, foun- 
tain, gate, machinery or other property, part, parcel, or 
appurtenance of the said works, required or used for 
procuring, securing or distributing the water, shall sev- 
erally forfeit to the said Commissioners, and the said 
Board, for the use of the city of Brooklyn, to be recov- 
erable in any proper form of action, treble the amount 
of damages proved to have been occasioned thereby, with 
treble costs of such action; and all such acts are hereby 
declared misdemeanors, and any person convicted of any 
such act, shall be further punished by a fine not exceed- 
ing one thousand dollars, or by imprisonment not ex- 
ceeding one year, or both, in the discretion of the court. 
Lands occupied 
in Kings and 
Queens counties, 
how to be taxed. 
§ 26. The lands which shall be occupied by, or used 
for the said water works, in Kings and Queens coun- 
ties, shall be taxed at the value of the adjacent lands 
used for agricultural purposes, exclusive of any im- 
provements thereon, and all such improvements are 
hereby declared to be exempt from taxation, except that 
in the county of Queens, dwelling-houses and machine 
and pump-houses, and machinery in such machine or 55 
pumping houses, upon such lands, may be taxed in the 
same manner as against individuals. 
§ 27. The Board of Water Commissioners created by 
the act entitled "An Act for the supply of tlie city of 
Brooklyn with water, passed February eleventh, eighteen 
hundred and fifty-seven," are hereby authorized to 
change the plan for such supply, and to substitute a 
closed conduit for the whole or any portion of the open 
canal east of the present conduit. They may, upon the 
change of such plan, arrange upon such terms and con- 
ditions, and extend the period for the furnishing of such 
supply, as they may see fit; but no contract made by 
them for such closed conduit, shall increase the cost of 
the water works to exceed the sum of five hundred 
thousand dollars for such closed conduit, and such in- 
creased cost shall be met by a like increase of the amount 
of the bonds to be issued, as provided by said act; such 
increase of bonds shall be in addition to the amount 
named in the first section of this act. 
Plan for supply- 
ing water 
to be changed. 
§ 28. All acts and parts of acts inconsistent with this 
act, are hereby repealed. 
§ 29. This act shall take effect immediately. 56 
State of New York, 
Secretary's Office. 
I have compared the preceding 
with the original law on file in this office, and do hereby 
certify that the same is a correct transcript therefrom, 
and of the whole of the said original law. 
GIDEON J. TUCKER, 
Secretary of State. Pages 57-58 missing A N ACT 
TO AMEND AN ACT ENTITLED "AN ACT IN RELATION TO 
SEWERAGE AND DRAINAGE IN THE CITY OF BROOK- 
LYN," PASSED APRIL 15th, 1857. 
Passed April 16th, 1859-three-fifths being present. 
The People of the State of JVew York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. The Board of Water Commissioners, cre- 
ated by die act entitled "An Act to provide for the sup- 
ply of the city of Brooklyn with water," passed February 
11th, 1857, until the appointment of a Permanent Board 
of Water Commissioners, and after such appointment is 
fully completed, and such Board is organized, then such 
Board of Permanent Water Commissioners for the time 
being, shall at all times hereafter be, ex-officio, the Board 
of Spwer Commissioners of the city of Brooklyn. 
Permanent 
Water Board cre- 
ated Sewer 
Commissioners. 
§ 2. The Board of Sewer Commissioners shall have 
the exclusive control, superintendence and management 
of all sewers constructed, or to be constructed in the said 
city. The current cost of altering, repairing and clean- 
ing sewers, and all incidental expenses of management, 
shall be estimated bv the said Board and be included in 
& 
To have 
exclusive control 
of sewer, 60 
the amount to be raised by annual tax, pursuant to sec- 
tion three of the act entitled " An act in relation to sew- 
erage and drainage in the city of Brooklyn," passed 
April 15th, 1857, hereby amended. 
To acquire land 
§ 3. The said Board may take the like proceedings 
which the Water Commissioners of the said city are now 
authorized to take, to acquire land and interest therein 
for the construction and maintenance of sewers, where 
such sewer is proposed to be run through lands which 
are not part of a public street or place, the costs and ex- 
penses incident thereto shall be assessed as part of the 
cost of constructing sewers, and upon such part of a 
sewer district as the said Commissioners may designate 
as benefited thereby. 
Sewer districts to 
be laid out. 
§ 4. The said Board of Sewer Commissioners shall 
proceed to lay out the said city into as many Sewer Dis- 
tricts as may be required in view of the effectual drain- 
age of said city; each of such districts to consist of a 
main or principal sewer, having its outlet in the river or 
bay, or other proper place of outlet, and of all branches 
of such main sewer and the collateral or inferior sewers 
running into such main or principal sewer, and the said 
districts shall each be so arranged as to be independent 
of each other as far as may be; and when such districts 
are so arranged, notice of the same shall be advertised 
for correction and review, as provided in the fourth sec- 
tion of the act hereby amended. After such districts 
shall have been finally arranged and approved, and the 
plans thereof duly filed in the manner provided in the 
said fourth section of the act hereby amended, the said 
Plan of same. 61 
Commissioners may proceed, after the lapse of sixty days, 
to advertise for proposals for the construction of any 
part of the work required to be done in such sewer dis- 
trict. Such advertisement shall be made in the corpora- 
tion newspaper of said city for thirty days, and the work 
so advertised shall be awarded to the lowest bidder, who 
will give good and sufficient security as required by said 
Commissioners for the faithful execution of such work 
and the furnishing of the required and sufficient mate- 
rial therefor. During the sixty days after the filing of 
such plan as required by this act, the Mayor of said city, 
upon the application of a majority of the owners of land 
within such sewer districts, may prohibit the said Com- 
missioners from proceeding with the construction of the 
whole or any part of the sewers in such sewer district; 
and thereupon all power on the part of said Commis- 
sioners to proceed with the construction of the sewer or 
sewers specified in such prohibition, shall cease and de- 
termine until such prohibition shall be withdrawn. The 
said Commissioners shall in no case proceed with the 
construction of any sewer, except upon the advertise- 
ment for proposals for the construction of the same as 
herein provided. 
Commissioners 
may 
be prohibited. 
§ 5. Mistakes in any assessment list for sewers, and 
subsequent proceedings thereon, in the designation of 
any land or owner thereon assessed, shall not vitiate the 
assessment, provided the said Board, before proceeding 
to a sale to collect such assessment, shall, on a notice of 
ten days, served upon or at the residence or place of 
business of the owner or legal representative, and pub- 
lished daily in the corporation newspapers of .said city, 
Mistakes in 
assessment, how 
rectified. 62 
correct such mistakes. And they are hereby authorized 
upon such notice to make such correction. And where 
any assessment is void for any defect or irregularity, the 
owner and property affected may be reassessed for such 
improvement, in the mode and with the effect prescribed 
for the original assessment authorized for the construc- 
tion of sewers. 
Ward Maps to be 
used in making 
assessments. 
§ 6. The said Board of Sewer Commissioners shall 
use and refer to the regular official ward maps, for the 
description of lands to be assessed for the cost of making 
any sewer, and it shall be a sufficient description of any 
lands in the proceedings for such assessment, to give the 
name and number of the ward and the number of the 
lot so assessed, as appearing upon the ward map, together 
with the name of the street or avenue upon which it is 
situate, and also the street number where known, and 
stating also upon which side of the street such lot is, and 
the names of the next adjacent streets, avenues or places 
which intersect the street upon which said lot is situate, 
and form the block. Before any assessment, laid for the 
construction of sewers, shall be finally certified by the 
said Board to the Common Council to be complete, they 
shall carefully examine, correct and perfect the same, 
and no other certificate shall be necessary to authorize 
the Common Council to issue a warrant for the collec- 
tion of the assessments. All legal proceedings authorized 
or required by this act, shall be conducted by, or under 
the direction of the Corporation Counsel of the city of 
Brooklyn, and no compensation shall be paid to him 
therefor. 
Assessment to be 
recovered. 
Board to act 
under direction 
of 
Counsellor. 63 
§ 7. To meet such cash outlay in the construction of 
sewers, (in anticipation of the collection of assessments,) 
as the said Board may deem necessary, the Mayor, 
Comptroller, and clerk of the said city shall, on the 
requisition of the said Board, and from time to time as 
so required, borrow such sums, not to exceed five hun- 
dred thousand dollars outstanding at any one time, upon 
the bonds of the said city, which they are hereby au- 
thorized to issue for that purpose, bearing interest not to 
exceed 6 per cent., and payable in not more than three 
years from their respective dates. The proceeds of such 
bonds shall be paid to the City Treasurer, to the credit 
of the said Board, who shall draw therefor in the usual 
manner and as may be required for the said purposes. 
Bonds to be 
issued to meet 
expenses. 
§ 8. The principal and interest of the said bonds shall 
be paid out of the assessments for constructing sewers, 
authorized by the act hereby amended. Any estimated 
deficiency in the moneys collected upon such assess- 
ments, to meet the accruing interest thereupon and ulti- 
mately to pay the principal of the said bonds, shall be 
included in the taxes authorized by section three of 
said act. 
How paid. 
§ 9. The said Board may prescribe regulations for the 
use of the said sewers; may license persons to open the 
same, and may prescribe a fee for opening and making 
a connection with any sewer, to be paid to said Board, 
and by them to be paid to the Treasurer of said city to 
the credit of the sewer fund. 
Regulations 
for 
using sewers. 
§ 10. Two and one-half per cent, for collection fees 
shall be added to and included in the sum to be appor- 
Assessments, 
how collected. 64 
tioned and assessed for the cost of constructing sewers; 
which per centage shall be deducted by the collector 
from all assessments paid within thirty days from the 
time when the same shall be payable; and the same per 
centage shall be added to such assessments and collected 
for default, which are authorized by law to be added to 
and collected for defaults in the cases of other local 
assessments in said city. All such additions for collec- 
tion fees and defaults shall, together with said assess- 
ments, when collected, be paid daily to the Treasurer of 
said city, to the credit of the sewer fund, and shall not 
be diverted therefrom. 
Injury to 
Water Works, 
penalty for. 
§ 11. All provisions of law, creating civil and criminal 
liabilities for wrongs and injuries done to the Brooklyn 
Water Works, shall apply in like manner and extend to 
wrongs and injuries done to sewers in said city; and 
said Board shall have the like powers to maintain ac- 
tions and proceedings in the courts in respect to sewers 
and all matters relating thereto, which the Board of 
Water Commissioners have in respect of the water works 
and all matters relating thereto. 
Repealing clause. 
§ 12. All acts and parts of acts inconsistent with this 
act, are hereby repealed, but nothing in this act shall 
affect any proceedings or contract of said Commissioners 
heretofore had or made for the construction of any 
sewer in said city. 
§ 13. This act shall take effect immediately. Pages 65-66 missing JVK ACT 
AMENDATORY OF AN ACT ENTITLED "AN ACT TO AMEND 
AN ACT ENTITLED 'AN ACT IN RELATION TO SEWER- 
AGE AND DRAINAGE IN THE CITY OF BROOKLYN,'" 
PASSED APRIL FIFTEENTH, EIGHTEEN HUNDRED AND 
FIFTY-NINE. 
Passed April 16, 1860-three-fifths being present. 
The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 
Section 1. Section seven of the act hereby amended 
shall read as follows: To meet such cash outlay in the 
construction of sewers (in anticipation of the collection 
of assessments) as the said Board may deem necessary, the 
Mayor, Comptroller, and Clerk of the said city, shall, 
on the requisition of the said Board, and from time to 
time as so required, borrow such sums, not to exceed five 
hundred thousand dollars outstanding at any one time, 
upon the bonds of said city, which they are hereby au- 
thorized to issue for that purpose, bearing interest not 
exceeding seven per cent., and payable in not more than 
three years from their respective dates. The proceeds 
Mayor, 
Comptroller and 
Clerk may 
borrow money on 
bond of city. 68 
Proceeds 
of bonds to be 
paid to 
City Treasurer. 
of such bonds shall be paid to the City Treasurer, to the 
credit of said Board, who shall draw therefor in the 
usual manner, and as may be required for the said 
purposes. 
§ 2. This act shall take effect immediately. Pages 69-70 missing A IN' TV C T 
TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN 
ACT ENTITLED 'AN ACT IN RELATION TO SEWERAGE 
AND DRAINAGE IN THE CITY OF BROOKLYN,' " PASSED 
APRIL FIFTEENTH, EIGHTEEN HUNDRED AND FIFTY- 
SEVEN, PASSED APRIL SIXTEENTH, EIGHTEEN HUN- 
DRED AND FIFTY-NINE. ' 
Passed April 5, 1861-three-flfths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. After an assessment for the construction 
of sewers has been confirmed pursuant to the provisions 
of existing laws, any owner of property assessed may, 
within sixty days after the abstract of an assessment roll 
has come into the hands of the collector of taxes and of 
assessments, in person, or by some person legally 
authorized to act for them, and then and there elect 
whether they will pay the whole of their assessment, or 
in equal instalments of not less than one-third of the 
sum assessed; and in no case shall the time of payment 
be extended beyond three years from the date of the 
Persons 
to appear, &c. 
* So in margin. 72 
Confirmation of said assessment. If the owner or owners 
of any property assessed should appear in person, he, she, 
or they shall file with the collector an affidavit of such 
ownership, and if not the owner, then the person so ap- 
pearing shall file with the collector an affidavit that a 
power of attorney had been given them by such owner or 
owners, and shall file the same, or a copy thereof, with 
said collector. 
When an election 
has 
been made, iic. 
§ 2. When an election has been made as herein pro- 
vided, or an agreement entered into between the owner 
or owners of property assessed; and the said collector 
(who is authorized to make such agreement) shall write 
in ink, or cause to be written in ink, upon the abstract 
of said assessment roll, the substance of said agreement; 
but nothing herein contained shall be construed to pre- 
vent tlie whole of such assessment becoming a lien upon 
the property assessed immediately after the confirmation 
thereof.* Whenever any owner or owners of property 
are assessed, and neglect or refuse to make an election 
within the time fixed by this act, then the whole'sum 
shall become due and payable in the same manner as 
now provided bylaw; and the same percentage shall 
be added to such assessment and collected for default 
which is now authorized by law to be added to and col- 
lected for defaults in the cases of other local assessments 
in the city of Brooklyn. All such additions for defaults 
shall, together with such assessment when collected, be 
paid daily to the Treasurer of said city to the credit of 
the sewer fund, and shall not be diverted therefrom. 
Where the owner or owners of property shall elect to 
* So in original law. 73 
pay in instalments, interest at the rate of seven per cent, 
per annum shall be charged upon each instalment from 
and after the date of the confirmation of the assessment, 
until the same shall become due, and thereafter, one per 
cent, a month additional until paid. 
§ 3. Any owner or owners of property assessed for the 
construction of sewers, and since the passage of an act 
entitled " An act in relation to sewerage and drainage 
in the city of Brooklyn," passed April fifteenth, eighteen 
hundred and fifty-seven, and who had not paid the same 
at the time of the passage of this act, shall be and they 
are hereby entitled to the same advantage as those Who 
shall hereafter be assessed, except that payment shall 
first be made of the amount accrued for default and in- 
terest at the time of making such election. 
Owners 
of property to be 
entitled to 
some privileges. 
§ 4. To meet such cash outlay in the construction of 
sewers (in anticipation of the collection of assessments) 
as the said Board may deem necessary, the Mayor, Comp- 
troller, and Clerk of the said city shall, on the requisition 
of the said Board, and from time to time, as so required, 
borrow such sums, not to exceed eight hundred and fifty 
thousand dollars, outstanding at any one time upon the 
bonds of the said city, which they are hereby authorized 
to issue for that purpose, bearing interest not to exceed 
seven per cent., and payable in not more than three 
years from their respective dates. The proceeds of such 
bonds shall be paid to the City Treasurer to the credit 
of the said Board, who shall draw therefor, in the usual 
manner, and as may be required for the said purposes. 
An outlay to 
be met. 74 
§ 5. All acts and parts of acts inconsistent with this 
act, are hereby repealed. 
Assessment 
for temporary 
sewers. 
§ 6. Whenever it shall become necessary to construct 
a sewer or drain in any street or avenue, for the purpose 
of preventing damage to property, or to abate a nuisance, 
and it shall have become impracticable to proceed imme- 
diately to the construction of the same, in accordance 
with any plan already adopted by the Sewer Commis- 
sioners of the city of Brooklyn for the drainage district 
in which such streets are situated, by reason of any street 
therein not having been graded; thereupon, at the request 
of the Common Council of said city, the Sewer Commis- 
sioners thereof shall have power to construct a temporary 
sewer or drain in such manner as to avoid such damage 
or abate such nuisance; and the cost of said temporary 
sewer or drain shall be assessed upon the property drain- 
ing into the same and benefited thereby. The assess- 
ment for such temporary sewers shall be laid, levied and 
collected in the manner provided in the act hereby 
amended for the assessment and collection for the con- 
struction of sewers under said act. 
§ 7. This act shall take effect immediately. Pages 75-76 missing A TST ACT 
TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN 
ACT ENTITLED 'AN ACT IN RELATION TO SEWERAGE 
AND DRAINAGE IN THE CITY OE BROOKLYN,' PASSED 
APRIL FIFTEENTH, EIGHTEEN HUNDRED AND FIFTY- 
SEVEN," PASSED APRIL SIXTEENTH, EIGHTEEN HUN- 
DRED AND FIFTY-NINE. 
Passed March 15, 1864-three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. The Board of Sewer Commissioners for the 
city of Brooklyn are hereby authorized and directed to fill 
up, raise and regrade Kent avenue in said city, and the 
several streets intersecting the same, so far as may be ne- 
cessary to conform to the plan adopted for the drainage 
and sewerage of the sewer district, in which said avenue 
and streets are situated, in pursuance of the act entitled 
" An act in relation to sewerage and drainage in the city 
of Brooklyn," passed April fifteenth, eighteen hundred 
and fifty-seven, and the acts amendatory thereof, and to 
Power 
and duties of 
Sewer 
Commissioners. 78 
repave the said avenue and such of said intersecting 
streets as are paved, to the extent that such repavement 
may be necessary in consequence of the regrading afore- 
said. It shall be the duty of the said Board to cause 
such regrading and repaving to be done with the least 
possible delay or obstruction to the public travel, or 
damage to tire owners of land fronting upon said avenue 
and streets. 
§ 2. The expense of such filling up, raising, regrading 
and repaving, shall be and is hereby declared to be a 
part of the expense of constructing, in Kent avenue, the 
main or principal sewer of said sewer district, according 
to the plan of drainage and sewerage aforesaid, and shall 
be apportioned, assessed and collected as a portion there- 
of, and together therewith, in the same manner as the 
other items of expense in the construction of said main 
sewer, as in and by the said acts provided. 
Sewer 
Commissioners 
authorized 
to cancel con- 
tracts, &c. 
§ 3. The said Board of Sewer Commissioners are 
hereby authorized to cancel any contracts made by them 
since June first, eighteen hundred sixty-two, and to 
make allowances to the contractors thereof, for actual 
losses sustained by them on such contracts, not including 
losses of profits, which allowances, if any, shall be in- 
cluded in the assessment of the expenses of the construc- 
tion of the sewers included in their respective contracts, 
and to relet the balance of the work in the manner now 
provided by law for the letting of such work. 
Duty 
of City Railroad 
Company. 
§ 4. The Brooklyn City Railroad Company are hereby 
required and authorized to change and operate their 79 
railroad temporarily, during the progress of the said re- 
grading and repaving, from the said avenue to, and 
upon such other avenues or streets of said city, as may 
be necessary in order to keep up the connection of their 
railroad to and from Fulton ferry and Greenpoint 
during that period, and when such regrading and main 
sewer shall be completed, they shall thereupon recon- 
struct and operate their road upon said Kent avenue, 
and shall take up and remove their tracks from the 
streets and avenues thus to be temporarily used, and 
restore the pavement thereof in as good condition as the 
same were when entered upon by them; but nothing 
herein contained shall be so construed as to authorize or 
permit the said railroad company to continue their rail- 
road in and upon such other avenues or streets. 
§ 5. This act shall take effect immediately. Pages 81-82 missing AN ACT 
TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN ACT 
ENTITLED 'AN ACT TO AMEND AN ACT ENTITLED AN 
ACT IN RELATION TO SEWERAGE AND DRAINAGE IN 
THE CITY OF BROOKLYN,' PASSED APRIL SIXTEENTH, 
EIGHTEEN HUNDRED AND FIFTY-NINE," PASSED 
MARCH FIFTEENTH, EIGHTEEN HUNDRED AND SIXY- 
FOUR. 
Passed April 21, 1865-three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. The Board of Sewer Commissioners bf the 
city of Brooklyn are hereby authorized and directed, in 
regrading and repaving Kent avenue, as provided in the 
act hereby amended, to widen the carriage way of said 
avenue by taking three feet from the westerly sidewalk 
and two feet from Hie easterly sidewalk and throwing 
the same into the carriage way, and to grade and pave 
the same in conformity with the grade of the street, and 
to set back the curb in accordance with tlie foregoing 
pro visions. 
Sewer 
Commissioners 
authorized 
to widen carriage 
way, &c., 
in Kent avenue. 84 
To award 
damages, &c. 
§ 2. Said Board arc further authorized to award and 
pay such damages as in their opinion shall be just, to the 
owners of buildings injured by the change of grade, as 
proposed in the act hereby amended, but in no case shall 
such damages exceed the actual cost of replacing such 
buildings in the same condition as before the regrading, 
provided that no such damage shall be awarded for in- 
jury to any building erected or improvement made since 
the adoption of the plan for the sewerage and drainage 
of the sewer district in which said avenue and streets are 
situated. 
Expenses, 
how to be met. 
§ 3. The costs and expenses rendered necessary by the 
provisions of this act, are hereby declared to be a part of 
the expense of constructing in Kent avenue said main 
sewer, and shall be apportioned, assessed and collected 
as a portion thereof and together therewith, in the same 
manner as the other items of expense in the construction 
of the said main sewer, as in and by said act provided. 
§ 4. This act shall take effect immediately. Pages 85-86 missing ,A„ N ACT 
TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR 
THE SUPPLY OF THE CITY OF BROOKLYN WITH 
WATER," PASSED APRIL SIXTEENTH, EIGHTEEN HUN- 
DRED AND FIFTY-NINE. 
Passed May 11, 1865-three-fifths being present. 
The People of the State of JVew York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. All the powers and duties conferred and 
imposed by law upon the Board of Water Commissioners 
organized under the act of February eleventh, eighteen 
hundred and fifty-seven, entitled " An act to provide for 
the supply of the city of Brooklyn with water," are 
hereby vested in the Permanent Board of Water Com- 
missioners, organized under an act passed April six- 
teenth, eighteen hundred and fifty-nine, also entitled 
"An act to provide for the supply of the city of Brook- 
lyn with water." 
Certain 
powers invested 
in 
permanent Board 
of Water 
Commissioners. 88 
Present Water 
Commissioners 
not to 
be eligible, &c. 
§ 2. Section three of said act is hereby amended by 
striking out the following words: "But no one of the 
present Water Commissioners shall be eligible to any 
appointment as Permanent Water Commissioners under 
any of the provisions of this act." 
§ 3. This act shall take effect immediately. Pages 89-90 missing A. N ACT 
AUTHORIZING THE SEWER COMMISSIONERS OF THE CITY 
OF BROOKLYN TO CANCEL A CERTAIN CONTRACT BE- 
TWEEN SUCH COMMISSIONERS ACTING FOR SAID CITY, 
AND HENRY V. B. BARKER AND FESTUS H. MOORE, IN 
RELATION TO KENT AVENUE SEWER. 
Passed April 16, 1866-three-fifths being present. 
The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 
Section 1. The Sewer Commissioners of the city of 
Brooklyn are hereby authorized, upon consent of the 
different parties interested, to cancel a certain contract 
bearing date the ninth day of June, one thousand eight 
hundred and sixty-four, made by and between them as 
such Commissioners acting for said city, and Henry V. 
B. Barker and Festus H. Moore, if in their opinion it 
shall be for the interest of the city to make such cancel- 
ment, upon such terms and conditions as they may deem 
proper. 92 
§ 2. In case such contract shall be cancelled, the said 
Commissioners shall proceed to relet the balance of the 
work by contract, with such persons and in such manner 
as they shall consider for the best interests of the city. 
§ 3. This act shall take effect immediately. Pages 93-94 missing jL 1ST ACT 
TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR 
THE SUPPLY OF THE CITY OF BROOKLYN WITH 
WATER," PASSED APRIL SIXTEENTH, 
EIGHTEEN HUNDRED AND 
FIFTY-NINE. 
Passed March 23, 1867-three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. The Permanent Board of Water Commis- 
sioners shall, on or before the first day of August in each 
year, make a correct abstract from the annual registers 
in their office of all arrears of water rates, and default 
due up to the first day of May in each year remaining 
unpaid, and which water rates shall have been due at 
least three years prior to the time of making up said 
amounts. They shall then proceed to sell the lands and 
premises upon which the same are imposed, by adver- 
tisement, in the same manner and with the like effect as 
the collector of taxes is authorized and required to sell 
Water 
Commissioners 
to make 
an abstract of 
unpaid 
water rates. 
To sell 
lands for same, 96 
lands in tlie said city for unpaid taxes. The lands so 
sold shall be subject to the same charges and interest in 
amount of sales until redemption, as lands sold for un- 
paid taxes in said city are subjected to. Certificates of 
such sale and conveyances shall be executed by the 
President of said Board of Commissioners, and shall 
have the same effect as certificates and conveyances of 
lands for unpaid taxes, and shall be recorded and dis- 
charged of record in the office of said Commissioners, 
and the said Board shall have the same powers in rela- 
tion to certificates, conveyances and redemption of the 
lands so to be sold for unpaid water rates, as the said 
collector has or may have in relation to certificates, con- 
veyances and redemption of lands sold for unpaid taxes. 
And persons interested in said lands so to be sold for 
water rates, shall be entitled to redeem said lands from 
such sale on the same conditions as persons are or shall 
be entitled to redeem lands sold for unpaid taxes in said 
city, provided, that the President of the said Board of 
Commissioners alone shall be required to sign any cer- 
tificate, conveyance, discharge or redemption. 
Persons 
to be entitled to 
redeem 
lands sold. 
§ 2. This act shall take effect immediately. Pages 97-98 missing A N ACT 
FURTHER TO AMEND AN ACT ENTITLED "AN ACT IN RE- 
LATION TO SEWERAGE AND DRAINAGE IN THE CITY 
OF BROOKLYN," PASSED APRIL FIFTEENTH, EIGHTEEN 
HUNDRED AND FIFTY-SEVEN, PASSED APRIL SIX- 
TEENTH, EIGHTEEN HUNDRED AND FIFTY-NINE. 
Passed May 1'7, 1807-three-fifths bein? present. 
The, People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. Section seven, of chapter three hundred 
and eighty-five, of the laws of eighteen hundred and 
fifty-nine, is hereby amended so as to read as follows: 
7. To meet such cash outlay in the construction of 
sewers (in anticipation of the collection of assessments) 
as the said Board may deem necessary, the Mayor, 
Comptroller, and City Clerk of the said city shall, on the 
requisition of said Board, and from time to time as so 
Mayor, 
Comptroller and 
City Clerk 
to 
issue bonds. 100 
required, borrow such sums not to exceed one million of 
dollars outstanding at any one time, upon the bonds of 
the said city, which they are hereby authorized to issue 
for that purpose, bearing interest not to exceed seven 
per cent., and payable in not more than three years from 
their respective dates. The proceeds of such bonds shall 
be paid to the City Treasurer to the credit of the said 
Board, who shall draw therefor, in the usual manner, 
and as may be required for the said purposes." 
§ 2. Whenever it shall become necessary to raise the 
grade of any street or streets for the proper sewerage of 
the sewer district in which said street or streets, or parts 
of streets are situated, the Sewer Commissioners are 
hereby authorized and empowered to regrade and re- 
pave said streets or parts of streets, so far as shall be 
necessary for the proper drainage thereof; and the ex- 
penses of such regrading and paving shall be chargeable 
and included in the assessment laid for the sewering of 
said district for the construction of the sewers thereof. 
sewer 
Commissioners 
tograde'ltreets 
proper sewerage. 
§ 3. The Sewer Commissioners of the city of Brook- 
lyn shall each receive for their services as such Commis- 
sioners, an annual salary of one thousand dollars, pay- 
able from the general sewer fund, to commence on the 
first day of February, eighteen hundred and sixty-seven, 
and to be paid quarterly thereafter. 
Compensation 
of 
Commissioners 
for 
services. 
§ 4. This act shall take effect immediately. Pages 101-104 missing A N ACT 
TO PREVENT BURIALS NEAR THE RESERVOIRS AND PONDS 
USED FOR THE SUPPLY OF THE CITY OF BROOKLYN 
WITH WATER. 
Passed May 5, 1868. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. It shall not be lawful to establish any 
cemetery or place of burial, or burial vaults, or other 
place for the reception or burial of dead bodies, or to 
bury, or deposit in vaults any dead body, within the dis- 
tance of half a mile of the Ridgwood reservoir, or any 
other reservoir, or any ponds used for the supply of the 
city of Brooklyn with water. But nothing herein con- 
tained shall be construed to prevent burials in any cem- 
etery already established, or grounds now held by any 
religious corporation or society, organized under the 
laws of this State. 
Cemeteries 
not 
to be established 
hereafter 
near reservoirs 
or ponds. 
§ 2. This act shall take effect immediately. A K AC T 
TO AUTHORIZE THE ABATEMENT AND PREVENTION OF 
CERTAIN NUISANCES DEEMED DANGEROUS TO THE 
PUBLIC HEALTH IN THE CITY OF BROOKLYN. 
Passed April 23, 1867. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. Whenever it shall appear to the Metro- 
politan Board of Health, that any surface water has 
been, or shall be liable to be ponded at any place in the 
city of Brooklyn, and remain stagnant so as to be or be- 
come a nuisance, dangerous to the public health in the 
vicinity thereof, they shall cause a notice in writing to 
be served upon the Board of Sewerage Commissioners 
of said city, specifying the location of such place. 
Notice in refer- 
ence to 
stagnant water. 108 
Duties of 
Sewer 
C ommissioners. 
§ 2. Said Board of Sewerage Commissioners, upon re- 
ceiving such notice, shall examine and ascertain whether 
such finding of water has been, or is liable to be caused 
by the erection of any building, fence, wall or other ob- 
struction, so as to prevent the natural or usual flow or 
passage of surface water, and for that purpose and for 
the purpose of draining such water from such pond, the 
said Sewerage Commissioners, their agents and workmen, 
shall be and hereby are authorized to enter into and 
upon any lands and premises in the vicinity of the place 
designated in said notice, and cause a suitable drain to 
be made, or a suitable pipe to be laid across any land 
above or below the surface thereof, as they may deem 
best, so as to drain such water from such pond or place 
and cause it to flow and be discharged into some public 
street or sewer. 
Their 
estimation. 
§ 3. Said Sewerage Commissioners shall estimate the 
damages which may be sustained by the owner or 
owners of the lands upon which such drain shall be 
made, or pipes laid, after giving to such owner or owners 
ten days' previous notice in writing of the time and place 
of making such estimates, which notice shall be served 
upon such owner or owners personally, or leaving the 
same at his or their usual place of residence, or upon the 
premises where such drain or pipe shall be made or laid, 
with some person of suitable age to receive the same. 
Payment 
of damages out 
of 
general fund. 
§ 4. If said Sewerage Commissioners shall, under all 
the circumstances, deem it proper that such damages, 
and the costs and expenses in making such drain or lay- 
ing such pipe, should be borne by the public, as being 109 
necessary to prevent or abate a nuisance dangerous to 
the public health, they shall pay the same out of the 
general fund raised for sewerage purposes; but if they 
shall not deem it proper that such damages, costs and 
expenses should be so paid, then they shall make a just 
and ecpiitable assessment thereof, upon all the lands 
upon which the buildings, fences, walls or other obstruc- 
tion, which has caused such water to pond, shall have 
been or shall be made and upon such other land adja- 
cent thereto, if any, the owners of which, in the opinion 
and judgment of said Commissioners, ought in justice to 
bear and pay any part thereof; and the assessment so 
made shall be liens upon the lands assessed, and shall be 
collected in the same manner as other assessments made 
for the costs and expenses of constructing sewers in said 
city are collected. 
§ 5. If any person shall wilfully destroy or injure any 
such drain pipe, or obstruct or prevent the passage of 
water through the same, he or she shall be guilty of 
misdemeanor. 
§ 6. This act shall take effect immediately. Pages 111-112 missing SECTION FIVE 
OF 
"AN ACT FOR THE REGULATION OF TENEMENT AND 
LODGING HOUSES IN THE CITIES OF NEW YORK AND 
BROOKLYN," 
Provides as follows : 
Every such (tenement or lodging) house situated upon 
a lot on a street in which there is a sewer, shall have 
the water closets or privies furnished with a proper con- 
nection with the sewer, which connection shall be in all 
its parts adequate for the purpose, so as to permit en- 
tirely and freely to pass whatever enters the same. 
Such connection with the sewer shall be of a form ap- 
proved in New York by the Croton Aqueduct Board, 
and in Brooklyn by the Board of Water Commissioners. 
Tenement 
and 
lodging houses 
to have sewer 
connections. 
To be approved 
by Board of 
Water 
Commissioners. 
Vide Laws of 1867, Vol. 2, Chap. 908, p. 2263. 114 
Water 
Commissionere 
authorized 
to lay mains &c., 
in South Sixth 
and 
South Seventh 
streets. 
[By an amendatory act of the Legislature of 1868, the 
Board of Water Commissioners are authorized to cause 
such water and sewer pipes, conduits or mains to be laid, 
altered or regulated in South Seventh street, from First 
street to its intersection with South Sixth street, and 
South Sixth street, from its intersection with Broadway 
to the easterly side of Fourth street, and cause such work 
to be done about the same or in connection therewith as 
they may think expedient; also to cause house connec- 
tions to be made respectively with the water and sewer 
pipes or mains in said streets where not now made, which 
shall be extended two feet within the curb lines oppo- 
site to each building or lot upon said streets. 
Vide Laws of 1868, Chap. 309, Vol. 1, p. 642, and 
Laws of 1863, Chap. 379, p. 642.] Pages 115-116 missing A N ACT 
TO REORGANIZE THE BOARD OF WATER AND SEWERAGE 
COMMISSIONERS OF THE CITY OF BROOKLYN, AND TO 
PROVIDE FOR THE REPAVING, REPAIRING AND CLEAN- 
ING THE STREETS OF SAID CITY BY SAID BOARD. 
Passed April 2, 1869-three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 
Section 1. The Mayor, Comptroller, Corporation 
Counsel, and City Treasurer, of the city of Brooklyn, or 
a majority of them, shall meet in the Mayor's office in the 
City Hall, Brooklyn, within twenty days after the passage 
of this act, and they or a majority of them shall appoint 
four citizens, residents of the city of Brooklyn, to act as 
Water and Sewerage Commissioners of said city of Brook- 
lyn ; and the persons so appointed shall, after their 
appointment and qualification as herein after provided, 
form the Permanent Board of Water and Sewerage Com- 
missioners for the city of Brooklyn, and shall hold their 
offices for the terms herein after mentioned, and until 
Permanent 
Commissioners, 
how 
appointed. 118 
their successors shall be appointed and shall qualify ; and 
the term of office of the present Water and Sewerage 
Commissioners of said city shall, upon such appointment 
and qualification, cease and determine. » 
Manner 
of qualifying. 
§ 2. The persons so appointed, before entering upon 
their office, and within ton days after their appointment, 
shall cpialify as follows: They shall each subscribe and 
file in the office of the clerk of said city an oath of office, 
and execute to the city of Brooklyn, and file in said 
clerk's office, a bond with two or more sureties in the 
penal sum of twenty thousand dollars, conditioned for the 
faithful performance of his duties and for the faithful ac- 
counting for all moneys which may come into his hands, 
and which said bond shall be approved of as to form and 
manner of execution, and as to sufficiency of the sureties, 
by one of the Justices of the Supreme Court of the Second 
Judicial District, or by the County Judge of the county 
of Kings. And in case any of such persons so appointed 
shall fail to qualify or enter upon the duties of his office, 
or in case for any reason the said the Mayor, the Comp- 
troller, the Corporation Counsel, and City Treasurer, or 
a majority of them, shall fail to meet or make the appoint- 
ments herein before directed on the day herein before 
named, then it shall be competent for the said the Mayor, 
the Comptroller, the Corporation Counsel, and the City 
Treasurer, or a majority of them, and they are hereby 
directed to meet as soon thereafter as possible, make said 
appointments, and fill any vacancy occasioned by the 
failure to qualify of any person theretofore appointed. 
In case of neglect 
to qualify. 119 
§ 3. The persons so appointed, after they shall have 
duly qualified, shall form the Permanent Board of Water 
and Sewerage Commissioners, and shall have all the 
rights, privileges, authority and power now vested by 
existing laws in the present Board of Water and Sewer- 
age Commissioners, and all acts, contracts and proceed- 
ings already commenced and now pending shall be fully 
continued, completed and performed by the Board of 
Commissioners created by this act as fully and with the 
same force and effect as if the same were continued, com- 
pleted and performed by the present Board were this act 
not passed. 
Powers of 
present 
Commissioners 
vested in. 
§ 4. The persons so appointed, within thirty days after 
their appointment, and in the presence of the said the 
Mayor, the Comptroller, the Corporation Counsel, and the 
City Treasurer, or a majority of them, shall draw lots for 
their terms of office, which shall respectively expire on 
the first Mondays of July, eighteen hundred and seventy- 
three, eighteen hundred and seventy-five, eighteen hun- 
dred and seventy-seven and eighteen hundred and seventy- 
nine; and the city officers so present at said drawing, or 
a majority of them, shall certify the same to the city clerk. 
And after the expiration of said respective terms, the 
persons'thereafter appointed as such Commissioners shall 
hold their office respectively for the term of eight years 
from the said first Monday of July on which their pre- 
decessors' term shall respectively expire. 
To draw lots. 
Term of office. 
§ 5. The said Mayor, Comptroller, Corporation Counsel, 
and City Treasurer, or a majority of them, shall have 120 
Vacancies, 
how filled. 
power to fill any vacancy occurring in the said Board, 
and the person or persons so appointed shall hold office 
respectively for the balance of the term of the person or 
persons in whose place he or they shall have been ap- 
pointed; and in every year in which any vacancy shall 
occur by expiration of the regular term of any member of 
said Board, it shall be the duty of the said Mayor, Comp- 
troller, Corporation Counsel, and the City Treasurer, or 
a majority of them, on the first Monday of June, or as 
soon thereafter as possible, to meet in the Mayor's office, 
in the City Hall, and appoint a person to fill the vacancy 
which will occur by the expiration of said term. All per- 
sons appointed as members of said Board shall, before en- 
tering upon their duties, filo the oath of office and bond 
as herein before required. 
Power to make 
improvements 
granted. 
§ 6. The said Board shall have exclusive power to 
cause streets to be repaved, regraded and repaired; to 
cause crosswalks to be relaid and sidewalks to be re- 
flagged, and generally to have such other improvements 
in and about such streets so to be repaved, regraded or 
repaired, to be made, as in their judgment the public 
wants and convenience shall require; the expense of all 
such improvements, in cases where such expenses shall 
exceed two hundred and fifty dollars, and in eases of re- 
pairs. shall be assessed and be a lien upon the property 
benefited thereby in proportion to the amount of such 
benefit, and in all other cases shall be a general city 
charge. 
Lien 
upon property. 
Board to fix 
district 
of assessment. 
§ 7. Before any work of repaving or regrading any 
street shall be done, or contract for doing the same, either 121 
in whole or in part, be executed, the said Board shall fix 
a limit or district of assessment for the payment of the 
expense thereof, and beyond which no assessment shall be 
made. The resolution fixing the same shall be published 
in the corporation newspapers for two weeks, and a notice 
attached thereto that remonstrances against such district 
will be considered if filed with the City Clerk before a 
time to be specified, not less than twenty days after the 
first publication of said notice. At any time after the 
said last mentioned time the said Board may confirm, and, 
in case of remonstrances filed in pursuance of such notice, 
may amend or alter the district originally fixed by them, 
and such determination shall be conclusive. 
Publication of 
same. 
Amendment of. 
§ 8. The said Board arc authorized to have the said 
improvements carried out in such form and manner as 
they shall deem to be for the best interest of the public, 
and either under their personal supervision, or under the 
supervision of a superintendent whom they are hereby 
authorized to appoint, or by contract; but no contract 
shall be made'for work the expense of which shall exceed 
two hundred and fifty dollars, unless advertisement for. 
proposals for doing such work shall be made in the cor- 
poration newspapers for at least twenty days ; and, in 
such case, any contract shall be awarded to the lowest 
responsible bidder, whose proposal shall, in the judgment 
of said Board, be the most beneficial to the public, and 
who shall give satisfactory security. 
improvements, 
how to 
bccamedout- 
§ 9. The said Board shall filo with the Comptroller of 
said city a certified copy of the resolution under which 
any local improvement is directed to be made, and statc- 
To file resolution 
and statement 
with 
Comptroller, 122 
ments from time to time of the cost thereof as ihcy may 
require funds to make payments for the cost thereof, 
which statements may be at any time corrected or 
amended ; and, if the said work be done by contract, then 
also a certified copy of such contract, and such statement, 
resolution and copy contract shall, in the case of work 
done by contract, be filed within ten days after the execu- 
tion of such contract. 
Payment for im- 
provements, 
how to be made. 
§ 10. For the purpose of providing the n.cessary funds 
and paying for the work herein above referred to, the 
Comptroller is authorized and directed to pay on the re- 
quisition of said Board, to be signed by the President 
and Secretary for the amount of all work done under its 
personal supervision or that of its Superintendent, at such 
times and manner as said Board shall require. When 
such work shall be done under contract, however, the 
said Comptroller is authorized and directed to pay to the 
contractor or his assigns, from time to time, as the work 
progresses (but not oftener than once in each month), 
seventy per cent, of the estimated value of the work actu- 
ally done under said contract, until the same shall be 
completed, such estimate to be made by said Board, or 
such superintendent or inspector as they may direct. 
Upon the final completion of any contract to the satisfac- 
tion of said Board and the filing of a resolution accepting 
such work, the Comptroller shall, within thirty days there- 
after, pay to the contractor or his assigns the balance due 
on said contract which shall be estimated by said Board 
and the amount specified in said resolution. The Comp- 
troller is also authorized and directed to make payments 123 
in like manner to any City Surveyor who may be em- 
ployed by said Board in relation to such work, of his fees 
as fixed by ordinance. 
§ 11. For the purpose of furnishing the money required 
to make the payments mentioned in the preceding section, 
the Mayor, Comptroller and City Clerk of said city are 
hereby authorized and directed from time to time, as may 
be necessary, to issue under the city seal assessment bonds 
payable at the expiration of three years, with interest not 
not exceding seven per cent, per annum, payable semi- 
annually, which bonds shall be sold and the proceeds used 
according to the provisions of the preceding section, and 
for no other purpose. The amounts collected from any 
and all assessments levied and confirmed under the pro- 
visions of this act, together with all defaults and interests 
on the same, arc hereby specially appropriated and set 
apart for the payment of the principal and interest of the 
bonds mentioned in the preceding section; and there 
shall also be added to every assessment levied under the 
provisions of this act, a sufficient sum to pay the interest 
on all payments made on account of the improvement. 
Bonds to be 
issued to meet 
expenses. 
§ 12. It shall be the duty of the Comptroller of said 
city to keep an account of the bonds to be issued under 
the provisions of this act, and he shall make detailed 
accounts to the Common Council of said city annually, 
and oftener, if required, of the whole amount of assess- 
ment bonds issued, and the amount of assessments re- 
maining unpaid at the time of his said report. 
Account of bonds 
to be made. 
§ 13. After the completion of any local improvement, 124 
Assessors 
to apportion 
• expense. 
the said Board of Water and Sewerage Commissioners 
shall, by resolution, direct the Board of Assessors of the 
city of Brooklyn, and it shall be the duty of said Asses- 
sors immediately to apportion and assess the expense 
thereof as may be fixed by the said Board of Water and 
Sewerage Commissioners, including a reasonable allow- 
ance for interest, inspectors' and surveyors' fees, and for 
fees of city officers, together with three per cent, for ex- 
penses for collection upon the several pieces or parcels of 
land and premises in the judgment of said Board of 
Assessors benefited by said improvement not beyond the 
district of assessment when one shall have been fixed as 
aforesaid. 
§ 14. The Board of Assessors shall make a report in 
writing of the assessment so to be made by them, and 
shall give notice in the corporation newspapers of the 
city that they have made the same, which notice shall be 
published for ten days successively, of the time and place 
when and where the parties interested can bo heard, and 
after such date the said Board shall proceed to review 
the same, and may amend or alter the said report in such 
manner as they may think just, any alterations to be 
noted by them; and they shall complete and confirm the 
same, and the determination so made by them shall bo 
conclusive, and at the expiration of twenty days there- 
after, the assessments therein made shall be respectively 
liens upon the property assessed, and which lien shall 
have priority over all other liens and incumbrances. 
Whenever any of the lots, pieces or parcels of land so 
benefited, shall be under water and belong to the state, 
Report 
of assessment to 
be made 
and advertised. 
Lands under 
water, 
how assessed. 125 
the said Board of Assessors shall, in respect to such land, 
make such assessment on the right, interest and claim to 
and in the said land, of the person or persons who may 
be entitled to a grant of such lands from the Commis- 
sioners of the Land Office. And all the provisions of this 
act applicable to said improvements, and the collection of 
the assessments therefor, shall apply to such right, interest 
and claim, and to the persons entitled to the same. 
Nothing herein contained shall bo construed so as to affect 
the title of the state in or to the said lands; but any per- 
son or persons who shall take the title to said lands from 
the state, and while the same remains unpaid, shall take 
the same subject to the lien of said assessments, provided 
that the provisions herein contained shall be deemed to 
apply to lands under water, lying in the Eighth, Tenth 
and Twelfth Wards of the city of Brooklyn, and to none 
others. 
§ 15. Before the Board of Assessors shall complete and 
confirm any report, the assessment shall be examined by 
the attorney and counsel of the city, and he or his as- 
sistant shall certify as to the correctness of the proceed- 
ings, and be may reject the same if he find legal irregu- 
larity therein, and the said Board of Assessors shall, 
upon receiving a certificate of such rejection, proceed to 
take new proceedings as if they had made no report. The 
attorney and counsel shall also certify as to the suffi- 
ciency of the proceeding for a local improvement previous 
to the making of any contract or paying any money, 
which certificates shall be included in the assessment roll. 
But it is hereby declared that the provisions of this scc- 
Counsellor to 
examine report. 126 
Assessments not 
to be 
invalid for 
certain reasons. 
tion arc simply for the protection of the city, and that 
the failure to carry out any of them shall not affect the 
validity of any assessment, neither shall any assessment 
be invalid because the correct name of any owner of pro- 
perty assessed shall not be stated. 
§ 16. The Board of Water and Sewerage Commis- 
sioners shall have exclusive power and authority in rela- 
tion to the repairs to and cleaning of the streets of said 
city. The said Board is authorized to have such work 
done in such manner as they shall deem to be for the best 
interest of the city, and to cause the same to be done by 
days' work, cither under their personal supervision or 
that of a superintendent, whom they are hereby authorized 
to appoint, or by contract; but no contract shall be made 
for work the expense of which shall exceed two hundred 
and fifty dollars, unless advertisement for proposals for 
doing such work shall be made in the corporation news- 
papers for at least ten days, and in such case any con- 
tract shall be awarded to the lowest responsible bidder 
whose proposal shall, in the judgment of said Board, be 
the most beneficial to the public, and who shall give 
satisfactory security. But in case of dangerous breaks 
in any street caused by storm, accident or flood, they may 
by unanimous vote award a contract for doing such work 
without such advertisement. 
Power to repair 
and 
clean streets. 
Manner 
of awarding con- 
tracts for. 
Expenses 
of repairing and 
cleaning 
streets, how met. 
§ 17. The said Board shall report to the Mayor what 
amount is necessary to do the work of repairing and 
cleaning the streets of the city, and which amount shall 
be a charge upon the city at large, and shall be raised in 
the taxes levied in said city for the next fiscal year. 127 
§ 18. The said Board may appoint, during pleasure, a 
Chief Engineer and assistants, and such and so many 
superintendents, subordinate officers and employees as 
the carrying out of the provisions of this act may 
require. 
Officers 
to be appointed. 
§ 19. The members of the said Board shall each re- 
ceive an annual salary of five thousand dollars, payable 
quarterly. 
Salary. 
§ 20. All provisions of law in relation to the collection 
of local assessments in the city of Brooklyn, and sales 
for the non-payment of the same, shall apply to all 
assessments levied under this act for any of the purposes 
therein mentioned. 
Collection of 
local 
assessments. 
§ 21. All acts or parts of acts inconsistent herewith, 
are hereby repealed. 
Repealing clause. 
§ 22. This act shall take effect immediately p. 129-130 MISSING JV N' ACT 
FURTHER TO AMEND AN ACT ENTITLED " AN ACT IN RE- 
LATION TO SEWERAGE AND DRAINAGE IN THE CITY 
OF BROOKLYN," PASSED APRIL FIFTEENTH, EIGHTEEN 
HUNDRED AND FIFTY-SEVEN, PASSED APRIL SIX- 
TEENTH, EIGHTEEN HUNDRED AND FIFTY-NINE, 
PASSED APRIL FIFTH, EIGHTEEN HUNDRED AND 
SIXTY-ONE. 
Passed April 29, 1869-three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 
Section 1. Section seven, of chapter three hundred 
and eighty-five of tlie laws of eighteen hundred and 
fifty-nine, entitled "An act in relation to sewerage and 
drainage in the city of Brooklyn," passed April fifteenth, 
eighteen hundred and fifty-seven, is hereby amended so 
as to read as follows: 
"§ 7. To meet such cash outlay in the construction of 
sewers (in anticipation of the collection of assessments) 
as the said Board may deem necessary, the Mayor, 
Board author- 
ized to 
issue bonds. 132 
Comptroller, and City Clerk of the said city shall, on 
the requisition of said Board, and from time to time, as 
so required, borrow such sums not to exceed two mil- 
lions of dollars outstanding at any one time upon the 
bonds of the said city, which they are hereby authorized 
to issue for that purpose, bearing interest not to exceed 
seven per cent, per annum, and payable in not more 
than three years from their respective dates. The pro- 
ceeds of such bonds shall be paid to the City Treasurer, 
to the credit of said Board, who shall draw therefor in 
the usual manner, and as may be required for the said 
purposes." 
Proceeds of, 
to be deposited 
with 
City Treasurer. 
§ 2. Sections one, two and three of chapter one hun- 
dred and thirty-six of the laws of eighteen hundred and 
sixty-one are hereby repealed, but such repeal shall not 
affect any rights acquired by any election heretofore 
made to pay any assessments in instalments. 
Certain sections 
of act of 1862 
repealed. 
§ 3. This act shall take effect immediately Pages 133-134 missing AN ACT 
TO PROVIDE FOR THE CONSTRUCTION OF A DRAIN OR 
SEWER IN CENTRAL AVENUE, JOHNSON AVENUE, AND 
KNICKERBOCKER AVENUE, AND OTHER STREETS IN 
THE CITY OF BROOKLYN. 
Passed May 3, 1869-three-fifths being present. 
The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 
Section 1. The Board of Sewer Commissioners of the 
city of Brooklyn are hereby directed, immediately after 
the passage of this act, to cause the necessary measures 
to be taken for the construction of a main drain or sewer 
in the Eighteenth and Twenty-first Wards of said city, 
to commence in Rochester avenue at or near Atlantic 
avenue, and running thence along said Rochester avenue 
from Atlantic avenue to Sumpter street, thence along 
Sumpter street to Patchen avenue, thence along said 
Patchen avenue to Chauncey street, thence along Chaun- 
cey street to Ralph avenue, thence along Ralph avenue 
to Bainbridge street, thence along Bainbridge street to 
Howard avenue, thence along Howard avenue to Halsey 
Line of 
main sewer. 136 
street, thence along Halsey street to and across Broad- 
way to Margaretta street, thence along Margaretta street 
to Central avenue, thence along Central avenue to Wood- 
bine street, thence along Woodbine street to Johnson 
avenue, thence through Johnson avenue to Green street, 
thence through Green street to Knickerbocker avenue, 
thence through Knickerbocker avenue to Vandervoort 
avenue, and thence along Vandervoort avenue so as to 
empty into tidewater at or near Montrose avenue, and 
also for two lateral or branch drains or sewers connect- 
ing with said main sewer, one running through Keid 
avenue from Madison street to De Kalb avenue, thence 
along De Kalb avenue and through De Kalb street and 
Chestnut street to Knickerbocker avenue, the other com- 
mencing in Monroe street at Broadway, and running 
thence across Broadway to Woodbine street, and thence 
through Woodbine street to Central avenue, as all of 
said sewers are laid down on the map adopted by said 
Board, entitled Map O,.Northern division drainage, dis- 
trict number thirty-seven. The said main sewer and 
the branch mains shall have such apertures, sluiceways, 
and culverts connected therewith as shall be necessary 
for the purpose of draining the present surface of the 
land in said district as far as the same may be prac- 
ticable. 
Lateral sewers. 
Expenses, 
how to be met. 
§ 2. For the purpose of paying for the cost of the con- 
struction of said drains or sewers, and all such other ex- 
penses as may necessarily be incurred in relation there- 
to, and the interest upon the bonds to be issued in pur- 
suance of this act, until such interest shall be levied and 
collected as herein provided, the Mayor, Comptroller, 137 
and City Clerk of said city, shall, on the requisition of 
said Board, and from time to time, issue the bonds of 
said city, to the necessary amount not exceeding the sum 
of three hundred thousand dollars, in like manner as 
other bonds of said city are issued, bearing interest at 
the rate of seven per cent, per annum, payable semi-an- 
nually, and the principal to be payable in ten years from 
tlie date of said bonds. The proceeds of the sale of 
said bonds shall be paid over to the City Treasurer to 
the credit of the said Board, who shall draw therefor 
from time to time in the usual manner, and as may be 
required for the purposes of this act and for none other. 
Provision shall annually be made by tax for the payment 
of the annual interest on said bonds, and for the pay- 
ment of the principal as the same becomes due. 
Bonds 
to be issued. 
Payment of, 
to be provided 
for by tax. 
§ 3. The cost of constructing said drains and sewers 
and all other expenses in relation thereto, shall be as- 
sessed by said Board, upon that part of the lands desig- 
nated upon the map referred to in the first section of 
this act, which lies southerly from Montrose avenue, in 
proportion to the area of the respective lots or parcels of 
land included in said part of said map O; but such as- 
sessment, according to area, shall not prohibit the Sewer 
Commissioners from including any lots fronting upon 
said sewers in any sub-division of said district for drain- 
age purposes; and said lots shall then be chargeable 
with, and be assessed for their equitable proportion 
of the cost of lateral sewers in the sub-division in which 
they may be situated. 
Expenses, how to 
be assessed. 138 
Assessment to be 
made out. 
§ 4. The said Board shall cause an assessment for the 
expenses authorized by this act to be made out in proper 
form, with diagrams showing the property assessed, and 
for such purpose shall use and refer to the regular offi- 
cial ward maps; and when such assessment is made, to 
publish a notice in the corporation newspapers that the 
same has been completed, and of a place in said city 
where the same may be examined, and of a time, not 
less than ten days thereafter, when, and a place in said 
city where they will meet to hear objections thereto; 
they shall then and there hear parties objecting, and 
shall thereupon proceed to amend and correct such 
assessment as they may deem proper, and shall carefully 
examine, correct and perfect the same; they shall then 
certify the same to be complete, and cause the same so 
certified, to be sent to the Common Council, who shall 
order the collection thereof as hereinafter provided ; and 
when so certified, such assessment shall have the same 
force and effect as any other assessment in said city 
within the operation of the law relating to sewerage and 
drainage, and the assessment thereon made shall become 
chargeable upon the lands so assessed, and the owners 
of the lands so assessed shall be liable to pay such assess- 
ment in the manner hereinafter provided. 
Revision of. 
commonCcouncii 
Assessment, how 
to be levied 
and collected. 
§ 5. The assessment so made and certified as aforesaid, 
shall be levied and collected in such manner that one- 
tenth part of the principal thereof shall be annually 
assessed in each and every year for ten years successively 
upon said lands, and interest, from the time such assess- 
ment shall be certified as aforesaid, shall be computed 
from year to year, upon so much of said assessment as 139 
shall remain unpaid at the time of making such annual 
assessment, and shall be added thereto, and form a part 
thereof; and such annual assessment shall be included 
in the annual taxes to be levied upon said lands, and 
shall form a part thereof; and shall be levied and col- 
lected like other taxes, annually, for ten years. All 
amounts so assessed, levied, collected and paid shall be 
applied to the discharge and payment of the bonds to be 
issued by virtue of this act. The first instalment of 
said assessment or tax shall be levied in the general taxes 
of the year eighteen hundred and seventy. 
How applied. 
§ 6. All the provisions of the laws relating to sewer- 
age and drainage in said city, and not inconsistent here- 
with shall be valid for the purpose of this act.