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of such property so to be supplied to the tax list, in regard to the aluation to be put upon said property before said property shall be added to the tax list. And said trustees may have power, in case of lamage of any real estate by fire or flood since the perfection of said Reassessast assessment-roll, to reassess said property so damaged upon notice certain o the owners or occupants thereof.

ments in

cases.

tation

§ 38. The trustees may assess and collect a poll tax of one dollar Highway poll-tax. innually on each male resident of said village between the ages of wenty-one and sixty years for highway purposes, and any person who hall be so assessed for such poll tax, shall be permitted to pay the Commu same by working on the road of said village under the direction of the thereof. superintendent of the highway at the rate of one dollar for ten hours' abor provided he shall elect to do so, and give notice thereof to the collector within thirty days after the receipt by the collector of the tax ist and warrant for collection. The collector, on receiving such notice, shall convey the same to the superintendent of highways, who shall notify the person so electing when and where such labor will be required. A person neglecting or refusing to perform, or cause to be Collec performed, such labor as required, will be deemed to have waived his tion, how election to pay such tax by labor, and the same may thereafter be collected as other taxes are collected.

enforced.

to be a

tate.

§ 39. All tax rolls, when corrected and completed and filed with the Tax rolls clerk of the village, shall be a lien on the real estate therein described lien on to the amount of the several taxes and assessments as aforesaid; and real es all taxes and assessments levied as aforesaid shall be collected by the collector of said village, subject to the provisions of this act, by virtue of such warrant as aforesaid, together with his fees, which shall be Collect one per centum, if paid within twenty days after the receipt of his or's fees. warrant, at his dwelling-house, notice being given of the time when he receives the same, and upon all sums paid and collected after that time five per centum, and in case any person shall refuse to pay his Distress or her taxes and assessments, or any of them, and the fees aforesaid, the collector shall levy the same by distress and sale of the goods and erty. chattels of the delinquent, in the same manner as collectors of town and county taxes are authorized to do; and such warrant shall com- Warrants mand, require and authorize such collection of such taxes and assessments, and such enforcement thereof; and all moneys collected by the Payments collector, shall, after deducting his compensation therefor, be paid by treasurer. him into the treasury of the village.

and sale

of prop

therefor.

to village

or's bond.

§ 40. Every person elected or appointed collector under the provis- Collections of this act shall execute his bond within five days after the tax roll shall be filed with the clerk of said village.

poll tax.

$41. In any suit brought for a poll tax, the tax roll filed with the Suits for clerk, or the duplicate in the hands of the collector, shall in all cases be sufficient evidence on behalf of the corporation that such tax has been duly assessed against the persons whose names and taxes are assessed upon said roll.

rant, when

able.

§ 42. The warrant of the trustees to the collector, annexed to the Collect tax roll delivered to him, shall be returnable within forty days after twe the receipt thereof by the collector; and on receiving such tax roll returnand warrant the collector shall make thereon a certificate signed by him, stating the time of its receipt by him, which certificate shall be sufficient evidence in all cases of the time of the receipt of such tax roll and warrant by said collector.

§ 43. All taxes or assessments which shall remain unpaid for thirty Interest days after the final return of said warrant shall bear interest at the "pon un

paid

taxes.

How enforced.

Sale of

ceedings

for.

rate of twelve per centum per annum from and after the date of such return, and shall be collected as directed herein, either by the sale of the estate assessed as herein provided, or by suit against the party liable to pay such assessment or tax.

§ 44. When any person whose property or estate shall be assessed, or taxed, shall fail to pay the tax or assessment, and the collector cannot collect the same, and shall make return thereof, the trustees shall cause lands for the estate so assessed to be sold at auction for a term of time for the unpaid taxes, pro- payment of such tax or assessment, giving four weeks' notice of such sale, by putting up notice in five public places in the village, and serving personal notice on the owner or agent of said estate, if a resident Notice of of said village, or on the occupant thereof, and by depositing such notice in the post office, directed to such owner, if a non-resident, at his reputed place of business, if known, at least ten days before the day of sale; and the same shall be sold to the person who shall take it for the shortest time for the payment of such tax or assessment, with interest at six per centum and the expense of such notice and sale, before the time of sale, the party liable for the tax, or his representatives may avoid the sale by paying the tax to the treasurer, with twelve per centum interest thereon, and expense of notice and sale.

sale.

Redemptions from

Certificate of

sale, when

§ 45. At any time within a year after such sale, the owner or owners tax sales. of the estate, or their representatives, may redeem the same by paying to the purchaser (if he shall have paid the tax and interest, and expense of sale), the tax, expenses, and interest thereon at twelve per centum per annum from the date of the payment by the purchaser, in case the purchaser has not paid them, by paying to the treasurer of the village, the tax, expense of sale and interest at twelve per centum per annum from the time the tax was returned unpaid, and notifying the clerk of such payment. If such tax, expense and interest are not paid within one year from the date of sale, then the trustees shall deto be deliver to the purchaser of the estate a certificate of such sale, under the seal of the corporation, and signed by the president, the execution of which may be acknowledged or proved as a deed, and upon the receipt of such certificate, the purchaser may proceed to serve upos the holder or owner of any lien upon such estate or any part thereof, Notice to notices in writing of such sale, and that unless redeemed within six months from the time of such service of notice, such certificate may be recorded in like manner and with like effect as in case of other conveyances of real estate, such certificate shall be presumptive evidence of the statements contained, in all courts and places, actions and proceedings.

livered.

Owners.

Entry into posses

§ 46. The purchaser receiving such certificate, or his representatives Bion, etc. may, in case the property is not redeemed as herein provided, enter into and occupy the same during the term for which it was sold, and shall be at liberty, within the term aforesaid to remove all the buildings and material which he may erect or place thereon.

Civil actions may be

to recover

taxes.

§ 47. In case the collector shall return that a tax or assessment on any estate is unpaid, and he is unable to collect the same, the trustees brought are authorized and empowered, after the lapse of thirty days after the date of such return, to prosecute a civil action against the owner or owners of such estate in the corporate name of the village, and recover judgment for such tax with twelve per centum interest thereon, and all the necessary costs and expenses of said action. Said trustees may how dock cause a transcript of such judgment to be filed, and said judgment docketed in the county clerk's office of the county wherein the village is situated, and the same, however small the amount, shall thereupon

Judg. ments,

eted.

lien.

become a judgment of the county court and be a lien on all real estate To be a of the judgment debtor, situate in the county where said judgment is docketed; and such real estate may be sold on execution issued to the Sale by sheriff of the county where the judgment is docketed, if not collected sherif out of the personal property of the debtor, in the manner provided by law; and all the provisions of law in reference to sale and redemption Redempof real estate on execution shall apply to sales and redemption under this act.

tion.

and ex

nual state

§ 48. The trustees shall report in writing to each annual meeting of Receipts electors a statement or account of the receipts and expenditures of the pendicorporation for the preceding year, which statement shall show the tures, anname of the persons who shall have had any account or claim allowed ment of. by them, the amount of such claim as presented, the amount allowed, and a brief statement of the nature of the demand, and it shall be filed with the clerk.

of indebt

íted.

§ 49. The trustees shall have no power to borrow money upon the Incurring credit of the corporation, nor shall they have any power or authority to edness incur any debt against the corporation, beyond the amount of the taxes prohibfor the current year, without being thereto specially authorized by a vote of the taxable inhabitants of said village, qualified to vote upon a resolution for raising money by tax, and any officer or person who shall assume to create a liability or appropriate any money or property of Personal the village, contrary to the provisions of this act, or shall assent thereunto, shall be personally liable for such debt or liability, and to the village for such money or property, and each of the trustees when present, when such violation shall have been committed, shall be deemed to have assented thereunto unless he shall express his dissent and request the same to be entered upon the record of proceedings.

§ 50. All officers not made elective by this act shall be appointed by the trustees and may be by them removed at pleasure.

liability.

Appointments, term of.

remis

$51. The trustees shall have power to remit, any poll tax levied upon Poll tax, any indigent person who is sick, lame or infirm, and to discharge him sion of. from the payment thereof, and also to discharge any judgment which may have been recovered against such indigent person who is sick, lame or infirm without payment thereof.

tions of

$52. No elector shall be entitled to vote upon any question, resolu- Qualification, or directions relating to the raising of money by tax, or the dis- voters at position of any funds or property of the corporation, unless at the time tax meetof offering to vote upon such question, resolution or direction, he shall ings. be actually assessed and taxed for personal estate possessed by him in said village or for real estate therein, owned or occupied by him, and in case any person shall vote without such qualification it shall subject such person to a penalty of thirty dollars for such violation, or imprisonment if not paid, not to exceed thirty days in the county jail, and it shall be the duty of the president of said village to institute proceedings against any person who shall violate this section of the act.

not to be

$53. No member of the board of trustees, the president, or superin- Officers tendent of streets, shall be interested in any contract to which the vil- interested lage is a party, either directly or indirectly. The term "person" in in conthis act shall be deemed to include all corporations as well as natural

persons.

tracts.

to prosecute or

answer in

854. In any action brought in the name of, or against the corpora- Authority tion, before any justice of the peace, the president or any trustee shall have full power and authority to appear, prosecute or answer and defend for the said corporation, without any letter or warrant of attorney therefor under its corporate seal, and simple oral proof of the fact, that

actions.

recover

the person claiming so to appear, prosecute, answer or defend, acts at the time as such president or trustee, shall be sufficient proof of his authority so to appear, prosecute, answer or defend; and in case of any such suit, any verbal or written request by the president or any trustee for any other person so to appear, prosecute, answer or defend, shall be sufficient authority for such person so to appear, prosecute, answer or defend, for said corporation, without any letter or warrant of attorney under its corporate seal; and such verbal or written request may be proved in the same manner as in case of suits between natural persons. Actions to § 55. In any action brought by or in the name of said corporation, penalties, to recover any penalty or forfeiture imposed by this act, or which may be imposed or given by any rule, regulation, ordinance or by-law passed, ordained or enacted by the trustees, it shall in all cases be sufficient, without setting forth any special matter, to allege in the complaint, that the defendant is indebted to the said corporation in the amount of such penalty or forfeiture, whereby an action has accrued, according to the provisions of this act, naming the subject thereof by reference to the title and section, according to the rules, regulations, ordinances or by-laws of said village, naming the subject thereof and referring briefly to the section or other division of the rule, regulation, ordinance or by-law for a violation of which the action is brought, and also to the date of its passage or enactment by the trustees; and process for the commencement of any such action shall have an indorsement thereon to the effect that it is issued to enforce a penalty imposed in accordance with the provisions of the act incorporating the village of Homer, and no other indorsement thereon shall be necessary.

etc.

A public

act.

Repeal.

§ 56. This act is hereby declared to be a public act, and the courts shall be bound to take judicial notice of the same and of all the pro visions thereof.

§ 57. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 58. This act shall take effect immediately.

Appropri

ation.

Duty of
Superin-

Chap. 59.

AN ACT to provide for the construction of a bridge and approaches thereto, over the Erie canal, at Hudson street, in the city of Buffalo.

PASSED March 7, 1887; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated to be paid on the warrant of the Comptroller to the order of the Superintendent of Public Works for tendent of the purpose of building a bridge over the Erie canal in the city of Buffalo at the point where Hudson street crosses the Erie canal, together with the necessary approaches thereto; providing, however, that the city of Buffalo assumes the responsibility of any damage arising from the construction of said approaches; and the Superin

Public

Works.

tendent of Public Works is hereby directed to secure such guarantee Proviso. from the said city of Buffalo as will relieve the State from any damage or liability by reason of the construction of such approaches. § 2. This act shall take effect immediately.

Chap. 60.

AN ACT to amend chapter eight hundred and thirty-four
of the laws of eighteen hundred and sixty-nine, entitled
"An act incorporating the village of Carthage, in the
county of Jefferson."

PASSED March 9, 1887; three-fifths being present; without the approval of the
Governor.*

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section six, title two of chapter eight hundred and thirtyfour of the laws of eighteen hundred and sixty-nine, entitled "An act to amend the act incorporating the village of Carthage, in the county of Jefferson," is hereby amended so as to read as follows:

to hold

§ 6. No person shall be eligible or appointed to any office unless he Eligibility shall be at the time a resident and elector of said village; the presi- village dent and trustees must be resident freeholders of said village, and office. whenever any officer of said village shall cease to be a resident of said village, his office shall thereby become vacant.

§2. This act shall take effect immediately.

Chap. 61.

AN ACT to authorize the department of health of the city of Brooklyn, county of Kings, to establish hospitals for contagious and infectious diseases and in relation to the erection, government and maintenance thereof.

PASSED March 9, 1887; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

au

sion to

for certain hos

SECTION 1. The mayor, with the commissioner of the department of Commishealth and the commissioner of the department of city works of the city select site of Brooklyn, are hereby constituted a commission with and power thority by this act to select a site in or near the city of Brooklyn, pitals. county of Kings, for the erection of public hospitals for the reception and treatment of persons suffering from infectious or contagious dis

eases.

§ 2. After such a site has been selected as aforesaid, it shall be pur- Purchase chased at a fair market value or leased by said commissioners.

Not returned by the Governor within ten days after it was presented to him, and became a law without his signature. [Art. IV, Sec. 9, Constitution of the State of New York.]

thereof.

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