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as aforesaid within said three months shall be a bar to any action or proceeding therefor against the village. No action for such damage Limitaor injury shall be maintained, unless commenced within one year from tion. the happening of the same.

§ 16. Sections seventy-two, seventy-three, seventy-four and seventyfive of said act, as now numbered by former amendments, and now in force, are hereby amended so as to read as follows:

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Or Sale of

non-pay

taxes.

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§72. When any person whose property or estate shall be taxed or as- Re-assesssessed for any purpose as herein provided shall fail to pay the tax or as- ment of sessment to the collector, and the collector cannot collect the same, and authorshall make return thereof, the trustees may, if such tax so returned be a general tax, direct the assessor to add such returned tax, with interest at the rate of twelve per centum from the date of the return, to the tax on such property or estate for the succeeding year. they may cause the estate so assessed for any purpose or purposes, as lands for herein provided, to be sold at auction for a term of time for the pay- ment of ment of such tax or assessment, giving four week's notice of such sale by putting up notices thereof in five public places in said village, and serving personal notice on the owner or agent of said estate, if a resident of the village, or upon the occupant, and by depositing such no- Notice, tice in the post-office, directed, postage paid, to such owner if a non- posted and resident, at his reported place of residence, if known, at least ten served. 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 the interest thereon and expense of notice and sale, which expense of notice and sale shall not exceed the sum of two dollars for each piece or parcel of land. Before the time of sale the party liable for the tax or his representative, may avoid the sale by paying the tax to the treasurer with twelve per cent per annum interest thereon and expense of notice. If at any such sale no bid village, shall be made for any parcel of land, the same shall be struck off to when allthe village for the term of twenty years, and thereupon the village purchase shall receive in its corporate name a certificate of the sale thereof, and shall be vested with the same rights as any other purchaser.

thorized to

at tax sale.

tax sale.

certificate

§ 73. At any time within one year after such sale the owner or Redempowners of the estate, or their legal representatives, may redeem the tions from same by paying to the purchaser thereof (if he shall have paid the tax, interest and expenses of sale) the tax, expenses and interest thereon at twelve per centum per annum from the date of payment by the purchaser. In case the purchaser has not so paid them, then 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, ex- Delivery of penses and interest are not paid within one year from the date of sale, to purthen the trustees shall deliver to the purchaser of the estate a certifi- chaser at cate of such sale under the seal of the corporation and signed by the after one president, the execution of which may be proved or acknowledged as a deed. Upon the receipt of such certificate the purchaser may pro- Notice by ceed to serve upon the holder of any lien upon such estate, or any part thereof, notice in writing of such sale, and unless redeemed within three months from the service of such notice such certificate may be recorded in like manner and with like effect as in other cases of conveyance of real estate; such certificate shall be presumptive evidence of the statements contained therein in all courts and places, action and proceedings.

tax-sales,

year.

purchaser.

Purchaser, when authorized to оссиру laud.

§ 74. The purchaser receiving such certificate or his representatives or assigns may, in case the land is not redeemed as herein provided, enter into, occupy and enjoy the same during the term for which it was sold, to be computed from the expiration of fifteen months after the day of sale thereof, free and clear of all claims and demands of any other owner or occupant or lien holder, but subject, however, to the lien of all taxes or assessments that may have been or may thereafter be charged thereon. Such purchaser may obtain ings to ob- possession of such lands and premises in the manner prescribed by law in relation to persons holding over demised premises after the exRemoval piration of their terms without the consent of the landlords, and shall of build- be at liberty within the time aforesaid to remove all buildings and materials which he may crect or place thereon.

Proceed

tain pos

session.

ings.

Right of

bring civil

tax.

§ 75. In case the collector shall return that a tax or assessment on trustees to any estate is unpaid, and he is unable to collect the same, the trustees action, for are authorized and empowered after the lapse of thirty days after the recovery of 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 or assessment with twelve per centum per annum interest thereon and all necessary costs and expenses of such action; said trustees may cause a transcript of such judgment to be filed and said judgment docketed in the county clerk's office of Oswego county, and the same, however small the amount, shall thereRecovery upon become a judgment of the county court of said county, and be to be a lien a lien upon all real estate of the judgment debtor situate in the county wherever said judgment is docketed; and such real estate may be sold on execution issued to the sheriff of the county where the lands for. judgment is docketed (if not collected out of the personal property of the debtor, none of which shall be exempt from levy and sale on such execution) in the manner provided by law, and all the provisions. of law in reference to sale and redemption of real estate on execution shall apply to sales made and redemption under this act.

upon

lands.

Sale of therefor.

Terms of

cers and

notice of election.

§ 17. Section eighty-six of said act, as heretofore amended, and now village offi- numbered and in force, is hereby amended so as to read as follows: § 86. All officers of said village, holding office at the time this act takes effect, shall hold their respective offices until the tenth day next after the third Tuesday in March following, and notice of the next annual meeting for the election of officers and other village business shall be given with reference to said third Tuesday in March next. § 18. All acts and parts of acts inconsistent with this act, are hereby repealed.

Repeal.

19. This act shall take effect immediately.

CHAP. 27.

AN ACT to amend chapter four hundred and ten of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York." APPROVED by the Governor February 26, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

charter,

SECTION 1. Section one thousand eight hundred and forty-seven of City chapter four hundred and ten of the laws of one thousand eight hun- amended dred and eighty-two, entitled "An act to consolidate into one act and as to electo declare the special and local laws affecting public interests in the tons. city of New York," is hereby amended so as to read as follows:

boundaries

when to be

redistrict

therefor.

1847. It shall not be lawful for the said board to alter or change Number or either the number or boundaries of any election district, save in such of election years as by law the said city and county is redistricted by Assembly districts, districts, and in such years as the usual and customary enumera- changed. tion of citizens in the city and county of New York is had and taken, when as early as the first day of September in any such Time for year a general redistricting of the city shall be made by Assembly dis- ing. tricts, upon the basis of the registration of voters for that year last preceding the time of such redistricting, in which members of Congress shall have been chosen. Such redistricting shall be made in Basis such manner that each election district shall contain as near as practicable two hundred and fifty voters on the basis of such registration. On or before the fifteenth day of August one thousand eight hundred Division of and eighty-nine, and in every year thereafter, said board of police may election divide such election districts, and such only as by the registration of districts in voters of the preceding year shall be found to have had a registration of more than four hundred voters. But in any such division of any How numsuch district, one portion of the district shall retain the original numerical designation, and the other portion shall take the number following the highest numbered district in Assembly district of which it Restricforms a part. No election district shall be in part within two Con- tions. gressional districts,

certain

1889.

bered.

Duty of Superin

tendent of

Public
Works.

Appropria

CHAP. 28.

AN ACT to provide for cleaning out and removing obstructions from the State ditch in the town of Murray, Orleans county, New York, and making an appropriation therefor.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 27, 1889. Passed, three-fifths being present.

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

SECTION 1. The Superintendent of Public Works of the State of New York is hereby authorized to expend the sum of three hundred dollars or so much thereof as may be necessary in cleaning out and removing obstructions from the channel of the State ditch on the south side of, and running parallel to, the Erie canal, on the farm belonging to the estate of George Garfield, in the town of Murray, Orleans county, New York.

tion, and be

how pay

able.

Village charter amended.

Duties and powers of

village as

sessors.

§ 2. The sum of three hundred dollars or so much thereof as may necessary is hereby appropriated out of any money in the treasury not otherwise appropriated, and the State Treasurer is hereby authorized to pay the same upon the warrant of the Comptroller to the order of the Superintendent of Public Works for the purposes defined by this act.

§ 3. This act shall take effect immediately.

CHAP. 29.

AN ACT to amend chapter three hundred and thirty-five of the laws of one thousand eight hundred and eighty-two, entitled "An act to amend and consolidate the several acts relating to the village of Perry, in the county of Wyoming," regarding the duties of the village assessors.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 27, 1889. Passed, three-fifths being present.

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

SECTION 1. Section nine of title three of chapter three hundred and thirty-five of the laws of one thousand eight hundred and eighty-two, is hereby amended so as to read as follows:

§ 9. It shall be the duty of the assessors, within ninety days after the annual election, to make out and deliver to the trustees of the village an assessment-roll, upon which they shall enter all the taxable real and personal property of the village at its just and true value; and in making said roll they shall possess all the powers of town assessors and be subject to all restrictions imposed upon them by the laws of this State, so far as the same are applicable; and the said roll shall be made out in the same manner, as far as may be, as assessmentrolls of towns. Said assessors, or a majority of them, shall attach to said roll, and take and subscribe the oath required of town assessors;

and said roll, when so completed, shall be the assessment-roll of the village for the current year. Notice of the time and place of meeting to correct the said roll shall be published in a newspaper printed in the village. Any person conceiving himself aggrieved by such assessment may, within ten days after the completion of said assessmentroll, appeal to the board of trustees by a notice, in writing, filed with the clerk.

CHAP. 30.

AN ACT to repeal chapter six hundred and eighty-eight of the laws of one thousand eight hundred and sixty-seven, entitled "An act relating to the place of holding elections and town meetings in the town of Batavia.'

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APPROVED by the Governor February 27, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Chapter six hundred and eighty-eight of the laws of Repeal. one thousand eight hundred and sixty-seven of the State of New York, entitled "An act relating to the place of holding elections and town meetings in the town of Batavia," is hereby repealed.

tion of

place for

next

2. The supervisor, town clerk and justices of the peace of said Designatown of Batavia are hereby authorized and directed to meet at the office of the town clerk of said town within ten days after the passage holding of this act and then and there appoint a place for holding the annual town meettown meeting of said town which is to be held on the first Tuesday ing. of March next. Any three of the above-named town officers shall constitute a quorum for the purpose aforesaid.

§ 3. This act shall take effect immediately.

CHAP. 31.

AN ACT to amend chapter two hundred and fifty of the laws of
one thousand eight hundred and eighty-eight, entitled "An act to
authorize the city of Syracuse to borrow money by the issue of
bonds and to provide for the appointment of commissioners, for
building a new city hall in said city."

APPROVED by the Governor February 27, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and fifty of the laws of one thousand eight hundred and eighty-eight, entitled "An act to authorize the city of Syracuse to borrow money by the issue of bonds, and to provide for the appointment of commissioners for building a new city hall in said city," is hereby amended so as to read as follows:

§ 1. The mayor of the city of Syracuse, by and with the advice and Commisconsent of the common council thereof, is hereby authorized to ap- stoners point four citizens of said city, two from each of the two principal po- new city

hall.

for

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