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CHAP. 13.

AN ACT for the relief of the towns of Newfane, Wilson and Lewiston, to abolish the office of railroad commissioners of said towns, and to enable each of said towns to adjust its indebtedness and issue bonds therefor.

PASSED February 17, 1881; three-fifths being present.

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

officers

redeem

bonds.

etc

may be

SECTION 1. The supervisor together with the justices of the peace, Certain or any three of such officers, of each of the towns of Newfane, Wilson town and Lewiston, are hereby authorized to execute under their hands and may issue seals, and to issue new bonds with interest-bearing coupons in the bonds to name of such town, for the purpose of redeeming, taking up and retir- railroad ing the bonds issued by the railroad commissioners of such town in aid of the Lake Ontario Shore Railroad Company, or to pay any judgment entered on said bonds and coupons; such other bonds to bear interest Rate of annually at a rate not exceeding five (5) per cent per annum, and be interest, made payable at such times that the principal thereof shall become due and payable in thirty-three or forty annual payments, such payments to be substantially equal, and said interest and principal to be payable at some place to be designated in said bonds and coupons. Said bonds Bonds shall contain a provision giving to each of said towns the right to call called in. in and pay any part of said bonds and coupons which shall remain unpaid at the end of twenty years from the date thereof at any time when any payment of interest is due and payable. Said new bonds To whom may be issued to the holders of said old bonds or coupons or the owner issued. of any judgment recovered thereon in sufficient amount to take up the old bonds and due and past due coupons and judgments recovered thereon, owned by them, respectively; or in the discretion of said Not to be supervisors and justices, respectively, they may sell said new bonds at sold less a price not less than par, and with the proceeds thereof take up said old bonds and due and past due coupons and judgments recovered thereon; but no greater amount of such bonds shall be issued than is sufficient to take up and retire said old bonds and coupons, including judgments thereon which have been recovered against said towns, respectively, and they shall be used for no other purpose. Before said Supersupervisor and justices, or any of them, of said towns, respectively, to give shall issue any such bonds they shall give to such town a bond with official sureties who shall justify in at least twenty-five thousand dollars, said bond to be approved by the county judge of Niagara county and conditioned for the faithful discharge of their duties and the use and application of such bonds as herein required, which said bond when given shall be filed with the county clerk of Niagara county. The supervisor To sele and justices of each of said towns, respectively, are hereby authorized Indebtedto settle and adjust said indebtedness, and nothing herein shall be construed as compelling them to issue such bonds until a satisfactory adjustment is made.

than par.

visor, etc.,

bond.

ness

report to

§2. The supervisor of each of said towns shall report to the board Supervisof supervisors of the county of Niagara, within three days after the ors to commencement of their regular annual session in each year, the num- board of ber and amount of bonds and coupons so issued, and falling due within supervis

ors annu

ally,

ing due,

etc., and board to Jevy tax.

Board to ascertain

case of

failure of

supervisors to report.

the next ensuing year the time when the same shall fall due, and the amount of amount required to pay the same, and it shall be and it is hereby made bonds fall- the duty of the said board of supervisors to cause to be assessed and levied and collected of the real and personal property of the said towns, respectively, such sum or sums of money as shall be necessary for the payment of principal and interest of said bonds of such town due, or becoming due, during such next ensuing year, and the same, when collected, shall be applied by the supervisor of such towns, respectively, to the payment of such principal and interest; and in case of failure amount in of any supervisor to make the annual report of the amount necessary to be levied to pay such principal and interest for the ensuing year, it shall be the duty of the board of supervisors to ascertain such amount, as near as practicable, from the original report of the amount of bonds issued, and the time they fall due, and assess and levy such amount in manner aforesaid, and when collected the same shall be paid over by the collector of said towns, respectively, to the supervisor of such town, who shall apply the same to the payment of such principal and interest, and said respective supervisors shall, upon the payment thereof, take up the bonds and coupons paid by him, and plainly mark them in ink as cancelled, noting also thereon the time of such payment, and thereupon he shall file them with the clerk of their respective towns. After the expiration of twenty years from the date of said bonds, if the supervisor and justices, or any three of such officers, of any one or more of said towns, shall deem it for the best interests of such towns, they may bonds may in any year require the said board of supervisors to assess and levy any sum necessary to pay all or any part of the outstanding and unpaid bonds and coupons of such town, in addition to the sum which may be necessary to pay the bonds and coupons which will become due during the ensuing year, and when so required, it shall be the duty of, and said board of supervisors are hereby required to assess and levy such additional sum with the sum so reported by said supervisor, which additional sum, when collected, shall be paid to the supervisor of said town, and be by him applied to the payment of the bonds of said town which will next fall due.

After twenty years whole

amount to pay balance of

be levied

in any one year.

Report to be made to

clerk.

§3. The supervisor and justices of each of said towns shall report town clerk to the town clerk of their respective towns, in writing, the number of duty of bonds issued by them, the amount thereof, the time when and the place where payable, which report shall be signed by them and filed with such clerk within ten days after such bonds are issued, and said clerk shall duly record said report in the records of said town, and whenever said bonds or coupons shall be returned to him cancelled, he shall immediately minute the amount and number of such bonds and coupons so cancelled and the time of payment in said records.

Recital in bonds.

Office of

railroad

commis

sioner

abolished.

§ 4. The said bonds shall contain a recital that they are issued under the provisions of this act, and such recital shall be conclusive evidence in any and all courts and places of the validity of said bonds, and the regularity of their issue.

upon

5. The office of railroad commissioners of said towns, respectively, is hereby abolished; and any powers or duties which have heretofore devolved said commissioners, which have not heretofore been provided for, are hereby vested in and imposed upon the supervisor of said Liability respective towns. The bail of the supervisor of each of said towns, from year to year, shall be liable upon the bond required by law to be given for the faithful discharge by such supervisor of the duties hereby required to be performed by him.

of bail.

coupons

after

§ 6. The bonds and coupons issued pursuant to this act shall not bear Bonds and interest after maturity, unless presented at the time and place of pay- not to bear ment, and payment refused; nor shall the bonds, which shall be called in interest as hereinafter provided, bear interest after the time at which they shall maturity, be required to be presented for payment, unless presented at the time and etc. place of payment and payment refused; provided, however, that such bonds and coupons may, after the expiration of fifteen days from maturity, or from the time when they are required to be presented as hereinafter provided, be presented to the supervisor of the town, and in case payment is refused by him, interest shall run from the time of such refusal,

and jus

pay

§ 7. If the supervisor and justices of any one or more of said towns When shall cause to be raised any additional sum as provided for by the supervisor second section of this act, the supervisor of such town is hereby tices may authorized to call in and pay an amount of said bonds equal to the call in and amount of such additional sum so raised, which shall next become due and payable by the terms thereof. Said supervisor shall publish a notice Notice to in one of the daily papers published in the city of Lockport, stating be the number and amount of the bonds, the time and place at which the same are required to be presented for payment, which notice shall be published for four weeks successively, prior to the time when said bonds are required to be presented for payment.

published.

to be

§ 8. Any and all pieces or parcels of land situated and embraced Property within the boundaries of the towns of Somerset, Newfane, Wilson and taxed. Lewiston, in the county of Niagara, and State of New York, except such pieces or parcels of land as by law were taxable in other towns prior to the passage of the general railroad bonding act of eighteen hundred and sixty-nine; and all personal property therein, liable to taxation; shall be assessed for all taxes levied in said towns for the purpose of paying and liquidating any and all obligations or indebtedness of the towns aforesaid respectively.

§ 9. All acts or parts of acts inconsistent with this act so far as they Inconsist relate to the towns of Somerset, Newfane, Wilson and Lewiston in the ent acts county of Niagara are hereby repealed.

§ 10. This act shall be deemed and taken as a general act, and shall take effect immediately.

CHAP. 14.

AN ACT to amend chapter five hundred and sixty-two of the laws of eighteen hundred and eighty, entitled "An act to amend chapter five hundred and fifty-four of the laws of eighteen hundred and seventy-three, entitled 'An act amending chapter eight hundred and thirty-seven, laws of eighteen hundred and sixty-eight, and chapter six hundred and twenty-three, laws of eighteen hundred and sixty-nine, in reference to the laying out, opening and continuing Bushwick avenue, in the town of New Lots, Kings county.""

PASSED February 24, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of chapter five hundred and sixty-two of the laws of eighteen hundred and eighty, entitled "An act to amend

repealed.

Duty of commmissioners.

To advertise time

to assess costs of grading, etc.

ments.

Premises to be assessed.

chapter five hundred and fifty-four of the laws of eighteen hundred and seventy-three, entitled An act amending chapter eight hundred and thirty-seven, laws of eighteen hundred and sixty-eight, and chapter six hundred and twenty-three, laws of eighteen hundred and sixtynine, in reference to the laying out, opening and continuing Bushwick avenue, in the town of New Lots, Kings county,'" is hereby amended so as to read as follows:

§ 4. Said commissioners, immediately after the confirmation of the report of awards and assessments, as provided for in section three preceding, shall enter upon the land taken for said avenue, and shall cause the same to be properly graded and regulated and prepared for public travel, and they shall assess the cost of such grading and preparing, together with the assessments for awards and damages for lands and buildings, or removal of buildings and all other expenses of the commissioners in carrying out this act, in the following man

ner:

They shall first give public notice by advertisement in two or more and place newspapers published in the county of Kings, at least once in each of meeting week, for two weeks immediately preceding such meeting, of the time and place when and where they will meet for the purpose of assessing the costs of such grading and preparing, together with the assessments for awards and damages for lands and buildings, and removal of buildings, and all other expenses of carrying out this act, and they may Adjourn adjourn from time to time, and at such meeting all persons interested may appear and be heard; and after such hearing the said commissioners shall assess the total amount of said awards, assessments and expenses upon the lands and premises immediately adjoining said extended part of said avenue from the dividing line between the city of Brooklyn and the town of New Lots, and to a point in a south-easterly direction distant four hundred feet from the projected terminus of said Bushwick avenue, at its intersection with the Brooklyn and Jamaica turnpike in said town of New Lots, and to a depth of four hundred feet on both sides of the center line of said avenue wherever admissible and practical, the lands of the Evergreen cemetery, however, excepted, in proportion as the same shall be benefited in their opinion by reason of such opening and improving of said avenue.

Assessments to be

supervisor,

who shall

present same to board of supervisors, etc.

§ 2. Section five of said act is hereby amended so as to read as follows:

§ 5. The commissioners shall certify such assessments to the supervisor of the town of New Lots, who shall present the same, together certified to with the amount of interest due thereon, to the supervisors of the county of Kings, who shall levy the same in five equal parts, annually, with interest thereon at the rate of six per centum per annum, on the lands and premises described in such commissioners' assessment roll, and the same shall be collected by the duly authorized collector of taxes of said town, in the same manner as the general taxes for said town are collected, but shall be kept separate and distinct therefrom, and, when collected, shall be paid to the supervisor of New Lots. When said collector shall make his return of unpaid taxes levied on the general assessment roll of his town, to the treasurer of Kings county, he shall, at the same time, return to the supervisor of New Lots the amounts unpaid on said commissioners' assessment roll. In case the said assessments so returned to the said supervisor, or any of them, sessments shall remain unpaid at the expiration of thirty days after the delivery thereof to him by the said collector, the said supervisor shall give not less than thirty days' notice, by affixing a written or printed copy of

Proceedings in case as

remain

unpaid.

be subject

ments.

supervisor

said notice in four public places in said town, that at the time and place specified in said notice, he will sell, at public auction, the lands on which such assessments remain unpaid, for the lowest term of years for which any person will take the same and pay the amount of such assessment, with interest thereon at the rate of ten per centum per annum from the time the same was returned by the said collector. Such sale of any parcel of land for said unpaid assessment or assess- Sale shall ments thereon shall be subject to all remaining annual instalments of to remainassessments, with interest, so as above levied by the board of supervis- ing instalors on such parcel, which shall not, at the time of said sale, have become due or payable, or have been collected. If no person shall bid for When any parcel of land then offered for sale, the supervisor making the sale to bid for shall bid it in for a term of not less than one hundred years, in the town. name and for the benefit of the town of New Lots. He shall also give Certificate a certificate of such purchase to the purchaser of each parcel at said purchase. sale, who shall become entitled to a lease or conveyance thereof from the supervisor of said town, unless the said parcel shall be redeemed within two years from the time of said sale, by the payment to the purchaser, or to the supervisor for such purchaser, of the sum paid therefor, with interest thereon at the rate of ten per centum per annum. All amounts received by the supervisor of said town from the collector amounts thereof, or in payment for lands sold at any such sale, shall be applied to be by him to pay the bonds to be issued as hereinafter provided for. §3. All acts or parts of acts inconsistent herewith are hereby re- of bonds. pealed.

§ 4. This act shall take effect immediately.

CHAP. 15.

AN ACT legalizing the advertisement of the sale of Ulster county bonds, advertised under chapter two of the laws of eighteen hundred and eighty, and the postponement of such sale, and authorizing the sale to take place on said postponed day.

PASSED February 25, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

of

received

applied in payment

of sale

SECTION 1. The advertisement for the sale of Ulster county bonds, Postponefor the sixteenth day of February, eighteen hundred and eighty-one, ment, etc., instead of the seventeenth day of February, eighteen hundred and legalized. eighty-one, as authorized under and by virtue of chapter two of the laws of eighteen hundred and eighty, and the postponement of said sale from the said sixteenth day of February, eighteen hundred and eighty-one, to the twenty-eighth day of February, eighteen hundred and eighty-one, is hereby in all respects legalized, and the said officers mentioned in said chapter two of the laws of eighteen hundred and eighty, for that purpose, are hereby authorized and empowered to sell said bonds on said twenty-eighth day of February, eighteen hundred and eighty-one, without further notice.

§ 2. This act shall take effect immediately.

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