Sidebilder
PDF
ePub

Official oath of.

Duty of.

Report of commis

sioners,

etc.

Proceedings not to

acquired is situated, or in some adjoining county, as commissioners to ascertain and appraise the compensation to be made to the owners or persons interested in the property so to be acquired, and shall fix the time and place for the first meeting of said commissioners. The commissioners shall take and subscribe the oath prescribed by the 12th article of the Constitution. Any of them may issue subpoenas and administer oaths to witnesses. A majority of them may adjourn the proceedings from time to time in their discretion. They shall view the premises described in the petition and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing and after the testimony is taken in each case, they, or a majority of them, all being present or having notice of the meeting to the end that they may be present, shall, without unnecessary delay, ascertain and determine the compensation which ought justly to be made to the owners or persons interested in the property so sought to be acquired. They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or committee of any infant, idiot, or person of unsound mind, or attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding and who has not appeared, for his costs and expenses.

They shall male a report of their proceedings to the supreme court, with the minutes of the testimony taken by them. They shall each be entitled to five dollars for every day they are actually engaged in the performance of their duties, together with their expenses to be paid by the city of Rochester. Where the owners or persons, interested in the property sought to be acquired, shall have awarded to them an amount not exceeding the compensation offered by said city of Rochester for such property so sought to be acquired or their interest. therein, the said city may recover, and the said supreme court may award against such persons, the amount so paid to said commissioners and necessarily expended for witnesses, or such part thereof as said supreme court shall deem proper.

§ 6. When any proceedings of appraisal under this act shall have be affected been commenced, no change of ownership shall in any manner affect by change such proceedings.

of owner

ship.

tion of

report.

§ 7. On such report being made by said commissioners, the said Confirma- city of Rochester shall give notice to the parties or their attorneys, according to the rules, and practice of the supreme court, that application will be made to the said court at a general or special term thereof, for the confirmation of such report, and the court shall thereupon confirm such report and shall make an order containing a recital of the substance of the proceedings and a description of the property appraised for which compensation is to be made and shall direct to whom the money is to be paid, or in what bank and in what manner it shall be deposited by said city.

Certified copy of

and on payment

of award city may take possession.

§ 8. A certified copy of the order so made shall be recorded in the order to be clerk's office of the county in which the property described is situated, recorded, and thereupon and on the payment or deposit by the said city of the sums to be paid as compensation for the property so taken and for costs and expenses as aforesaid, as directed by said order, the said city shall be entitled to enter upon, take possession of and use the said property for the purpose of the water works, aforesaid, and all persons, who have been made parties to the said proceedings shall be divested of all right, estate and interest in the same. All property acquired pursuant to the provisions of this act shall be deemed

to be acquired for public use. Within twenty days after the confirma- Appeal. tion of the report of said commissioners, either party may appeal by notice in writing to the others to the supreme court, from the appraisal and report of said commissioners. Such appeal shall be heard by the Hearing of. supreme court at a general or special term thereof on the usual notice required by the rules and practice of said court. On the hearing of such appeal, the court may direct a new appraisal before the same or new commissioners in its discretion. The second report shall be final and conclusive on all parties interested. If the amount of compensation to be made by said city is increased by the second report, the difference shall be paid by said city to the parties entitled thereto, or deposited in bank as the court shall direct. If the amount is diminished, the difference shall be refunded to said city by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report against the party liable to pay the same. No appeal shall affect Not to the possession or use by said city of the property so appraised, and session. when the same is made by others than said city, it shall not be heard except on stipulation of the party appealing not to disturb such possession.

affect pos

conflicting

§ 9. If there are adverse and conflicting claimants to the money, or Court to any part of it, to be paid as compensation for the property so taken, determine the court may direct the money to be paid into the court and may claims. determine who is entitled to the same and to whom the same shall be paid in a summary manner, and may order a reference to ascertain the facts on which such determination and order shall be made.

court

$10. In cases of appraisal under this act the court shal! have power to General make all necessary orders and directions to carry into effect the object power of and intent of this act, and to compel the delivery to the said city of Rochester of the possession and control of all property or rights acquired thereby. The practice in such cases shall be conformed as nearly as may be to the ordinary practice of said court.

ments.

§ 11. When the mode or manner of conducting any of the proceed- Amend ings to the appraisal of the property sought to be taken, and the proceedings consequent thereon are not expressly provided for in this act, the said court before whom such proceedings are pending shali have power to make all necessary orders to that end. The said court shall also have power at any time to amend any defect or informalit in any of the proceedings authorized by this act as may be necessary, or to cause new parties to be added to, and further notice to be given to any party in interest as it may deem proper, and shall also have power to appoint commissioners in place of any who shall die, refuse or neglect to serve, or be incapable of serving.

§ 12. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 13. This act shall take effect immediately.

Days to be

CHAP. 30.

AN ACT to amend chapter twenty-seven of the Laws of eighteen hundred and seventy-five, entitled "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes.

PASSED March 15, 1881.*

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

SECTION 1. Section one of chapter twenty-seven of the Laws of eighteen hundred and seventy-five, entitled "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes," is hereby amended so as to read as follows:

§ 1. The following days, namely: The first day of January, comconsidered monly called New Year's day; the twenty-second day of February, holidays. known as Washington's birthday; the thirtieth day of May, known as

as public

No busi

ness to be

transacted in public

offices on

holidays.

Decoration day; the fourth day of July, called Independence day; the
twenty-fifth day of December, known as Christmas day; any general
election day, and any day appointed or recommended by the Governor
of this State, or the President of the United States, as a day of
thanksgiving or fasting and prayer, or other religious observance,
shall for all purposes whatsoever, as regards the presenting for pay-
ment or acceptance, and of the protesting and giving notice of the
dishonor of bills of exchange, bank checks and promissory notes made
after the passage of this act, be treated and considered as the first day
of the week, commonly called Sunday, and as public holidays; and
all such bills, checks and notes otherwise presentable for acceptance or
payment on the said days shall be deemed to be presentable for
acceptance or payment on the secular or business day next preceding
such holiday. And the days aforesaid shall be considered as the first
day of the week, commonly called Sunday, and as public holidays for
all
purposes whatsoever as regards the transaction of business in the
public offices of this State, or counties of this State. On all other
days such offices shall be kept open for the transaction of business.

2. The title of said act is hereby amended so as to read as follows: "An act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, and relating to the closing of public offices."

§3. This act shall take effect immediately.

*Not returned by the governor within ten days after it was presented to him, and became a law without his signature March 15th, 1881.

CHAP. 31.

AN ACT to authorize the board of trustees of the village of
Norwich in the county of Chenango to contract with the
Norwich Water Works Company for a supply of water
for fire and street purposes.

PASSED March 16, 1881; three-fifths being present.

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

may con

SECTION 1. The board of trustees of the village of Norwich, in the Board of County of Chenango, may contract with the Norwich Water Works trustees Company (a corporation heretofore duly incorporated), for a supply of tract for water for fire and street purposes for said village, until the next en- supply of suing annual election, occurring after the date of the contract or contracts entered into.

water.

on resolu

annual

§ 2. At any annual election held in said village the electors thereof Electors may, by resolution, authorize the board of trustees of said village to my vote contract with the said Norwich Water Works Company for a supply of tion at water for fire and street purposes, for a term beyond the then next en- election. suing annual election of said village, but not for more than five years. Such resolution may determine the quantity of water to be supplied, the places where supplied, and the prices which the board of trustees may pay therefor. The resolution shall be submitted in the same manner as other resolutions for the raising of money by tax, to the electors qualified to vote upon such resolutions.

by tax.

§ 3. The amount due from said village upon contracts made pur- Amount to suant to this act shall be raised, levied and collected annually by the be raised trustees, and included in the next succeeding tax roll, and collected and paid over to the treasurer of said water company. §4. This act shall take effect immediately.

CHAP. 32.

AN ACT to authorize and enable the German Free School in the city of New York to mortgage its property.

PASSED March 16, 1881.

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

tion may

erty to debt here

SECTION 1. The German Free School in the city of New York, Corpora a corporation duly formed and incorporated under the laws of the mortgage State of New York, is hereby authorized and empowered to secure the its proppayment of any debt which may be hereafter contracted for the pur- secure poses of altering and repairing its school building in said city by after conmortgaging all its right, title and interest in and to said property and tracted. the lease thereof; provided, however, that the written assent of at least two-thirds of its trustees or directors be first obtained therefor, which written assent shall first be filed in the office of the clerk of the county where said corporation has its principal place of business.

2. This act shall take effect immediately.

Receiver

of taxes

to publish notice.

Per centum and interest to be charged

on unpaid taxes.

Rate of interest.

CHAP. 33.

AN ACT relative to the collection of taxes and assessments, and of arrears of taxes and assessments, and Croton water rents, in the city of New York.

PASSED March 16, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. If any taxes of any year shall remain unpaid on the first day of November, after the assessment-rolls and the warrants to collect such taxes have been delivered to the receiver of taxes in the city of New York, it shall be the duty of said receiver to give public notice, by advertisement for at least ten days in two of the daily newspapers and in the City Record, printed and published in said city, respectively, that unless the same shall be paid to him at his office, on or before the first day of December in any such year, he will immediately thereafter proceed to collect such unpaid taxes, as provided in the following section of this act.

§ 2. If any such tax shall remain unpaid on the said first day of December, it shall be the duty of the said receiver of taxes, in said city, to charge, receive and collect upon such tax so remaining unpaid on that day, in addition to the amount of such tax, one per centum on the amount thereof, and to charge, receive and collect upon such tax so remaining unpaid on the first day of January thereafter, interest upon the amount thereof at the rate of seven per centum per annum, to be calculated from the day on which said assessment-rolls and warrants shall have been delivered to the said receiver of taxes to the date of payment.

The same rate of interest shall be so charged and collected upon any tax levied in the year eighteen hundred and eighty, remaining unpaid at the date of the passage of this act.

§ 3. All existing provisions of law which impose a charge and require the collection of interest at the rate of twelve per centum per annum upon arrears of taxes on real and personal estate within the city of New York, upon arrears of assessments for local improvements and street openings in said city, and upon arrears of Croton water rents in said city, are hereby repealed; and in lieu of such charge of interest at the rate of twelve per centum per annum, there shall be charged and collected by the officer, authorized to collect and receive any such arrears of taxes and assessments and Croton water rents, interest upon the amount thereof at the rate of seven per centum per annum, to be calculated for the same period as interest at the rate of twelve per centum per annum is now required by law to be calculated thereon. This provision shall apply to taxes, assessments, or Croton water rents remaining unpaid and due, for the non-payment of which the lands and tenements liable therefor shall be hereafter sold at public auction as now provided by law; provided, however, that nothing in this act shall be construed to affect the rights of purchasers at sales for taxes, assessments, or Croton water rents, heretofore made, or to authorize the redemption of lands and tenements from sales heretofore made for any lesser sums than the sums collectible for such redemption under the provisions of existing laws.

« ForrigeFortsett »