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Recommenda

tions as to

ordinances,

etc.

Clerk of

common council

persons of appoint

*

§ 16. Whenever in the opinion of the board it may be advisable, it shall be their duty to recommend to the common council of the city of Hudson such ordinances as they may deem necessary to carry the foregoing powers into execution, and annually, on or before the monthly meeting in October in each year, to certify the sums necessary or proper to be raised under the preceeding sections of this act, to make the annual report to the state superintendent of public instruction on or before the first day of November of such matters as shall be required, and on or before the last Thursday of December in each year, to report to the common council of the city of Hudson a detailed statement of the receipts and disbursements for the school year next preceding such report.

§ 17. It shall be the duty of the clerk of the common council immediately after the appointment of any person as member of said to notify board of education, in writing, to notify him of his appointment, and if such person shall not, within ten days after receiving such notice, take and file with said clerk the constitutional oath of office, the common council may consider it a refusal to serve, and proceed to fill the vacancy occasioned by such refusal.

ment.

Tax for public buildings.

Amount.

18. This act shall take effect immediately, and all existing provisions of laws relating to the common schools of the city of Hudson are hereby repealed.

CHAP. 56.

AN ACT to enable the village of Attica to raise moneys for the purchase of a site, and the erection of buildings thereon for its corporate use.

PASSED March 23, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The trustees of the village of Attica are hereby authorized to levy and collect, by tax on the taxable inhabitants and property of said village, such an amount of money as they shall deem necessary for the purchase of a site, and the erection of suitable buildings thereon for the corporate use of said village, and to expend and apply the same for such objects; provided that such amount together with the sum actually realized by said village from the sale of real estate by it to Coridon S. Thomson shall not exceed four thousand and two hundred dollars, said amount to be so levied and collected by a single assessment and tax, or by installments in the discretion of such trustees.

§ 2. This act shall take effect immediately.

*So in original.

CHAP. 57.

AN ACT to amend chapter thirty-three of the laws of eigh teen hundred and sixty-two, entitled "An act to amend the several acts incorporating the village of Fulton in the county of Oswego," as amended by chapter three hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled 'An act to amend the several acts incorporating the village of Fulton in the county of Oswego.'

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PASSED March 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 thirty-three of the laws of eighteen hundred and sixty-two, entitled "An act to amend the several acts incorporating the village of Fulton in the county of Oswego," as amended by chapter three hundred and seven of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled 'An act to amend the several acts incorporating the village of Fulton in the county of Oswego,'" is hereby further amended so as to read as follows:

§ 4. The officers of said village shall consist of a president, six Officers. trustees, a police justice, three assessors, a collector, a treasurer, a clerk, a street commissioner, a surveyor, a jailer, one or more (but not exceeding four) policemen, and such subordinate officers as are authorized by this act, or by general laws.

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

appointed.

§ 5. The clerk, street commissioner, surveyor, jailer, policemen and Clerk, etc, such subordinate officers as are authorized by this act or by general to be laws, shall be appointed by the board of trustees and hold their offices during their pleasure. All other officers hereinbefore enumerated shall be elected at elections to be held as hereinafter prescribed. The presi- Terms of dent, collector and treasurer shall hold their office for one year. The office. police justice shall hold his office for four years. The assessors shall hold their office for three years, one to be elected in each year, and the trustees shall hold their office for three years, two to be elected in each year, except that at the annual election first held after the passage of this act, six trustees shall be elected, two of whom shall serve for one year, two for two years and two for three years, and the ballots shall designate which of the trustees shall serve for such respective terms. The said officers elected or appointed under this act shall so hold for the respective terms aforesaid, unless sooner removed or disqualified, and until their successors shall be elected or appointed and qualified. § 3. Section nine of said act is hereby amended so as to read as follows:

§ 9. All the officers elected or appointed under this act must each, Official before entering upon the duties of his office, take the oath of office oath. prescribed by the constitution. The president and trustees shall render service without compensation. The assessors shall be paid such compensation as the trustees may prescribe, not exceeding the per diem. allowance paid to town assessors for similar services. The compensa- tion."

Compensa

Highway tax.

Compensation of officers.

Construction of

walks, etc.

Removal

of snow, etc., from walks.

tion of the treasurer, clerk, street commissioner and surveyor shall be determined by the board of trustees, and paid out of the general fund. The policemen shall each receive for their services such compensation as shall be fixed by the board of trustees, not exceeding thirty dollars per month, and said policemen shall receive no other fee or emolument whatever. The omission of any officer to take the oath of office, or where security is required, to give such security, and file such oath and security with the clerk within eight days after an election or appointment, shall be deemed a refusal to take the office.

§ 4. Section eleven of said act is hereby amended by adding at the end thereof the following:

The meeting shall also determine how much of such sum raised for highway purposes shall be devoted to permanent improvements and how much thereof to general repair of highways, and such funds must be kept separate and expended accordingly. Should the annual meeting omit to make such determination, it shall be the duty of the board of trustees to make the same within one month thereafter.

§ 5. Section twenty-three of said act is hereby amended by adding at the end thereof the following:

The services of such special police shall be paid from the general fund of the village.

§ 6. Subdivision number nine and subdivision number fifteen of section twenty-eight of said act are hereby amended so as to read as follows:

9. To fix the compensation of the assessors, treasurer, street commissioner, clerk, policemen, and surveyor at sums not exceeding those limited by this act.

15. To direct the manner and determine the material to be used in the construction and repairing of crosswalks, and to cause the sidewalks on the streets and highways, within the said village, or any or either of them, or any part thereof, to be graded, leveled, raised, amended, graveled, stoned, paved, flagged, planked, and repaired, and to compel the owners or occupants of any lands, lots or premises adjoining such streets or highways, to make such improvements upon the sidewalks as aforesaid, in front of or adjoining said lands, lots or premises, and to determine and prescribe the manner of doing the same, and the materials to be used therein, and the quality or kind of such materials, and in case the owner or owners, occupant or occupants of any such lands, lots or premises shall neglect or refuse to complete the said required improvements within such reasonable time as shall be required by the trustees, the said trustees may cause such improvements to be made or completed, and the expense thereof may be by them assessed upon such owner or owners so neglecting or refusing and upon such lands, lots or premises, and be collected by warrant, in the manner and to the extent prescribed by section fortyfour of this act.

§ 7. Subdivisions three and five of section twenty-nine of said act are hereby amended so as to read as follows':

3. To compel the owners and occupants of lands, lots and premises in front of or adjoining which may be a sidewalk, to remove the snow and ice from such sidewalk, within such time after verbal notice as they may direct, and in case the owner or owners, occupant or occupants of any such lands, lots or premises, shall refuse or neglect to remove the same in accordance with such notice, the said trustees may, in their discretion, cause the same to be removed, and in such case

may collect the expenses of such removal and collection, in the manner and to the extent as prescribed by section forty-four of this act.

nuisances.

5. To determine the existence of a public nuisance in any part of Abatethe village, and to compel the removal and abatement thereof, and if ment of not done by the owner or owners, occupant or occupants of the premises upon which the same may be, within such time as the trustees may allow, to cause the same to be removed or abated at the expense of the village, and to declare such expense to be a lien upon the lot, and to enforce the collection of such expense against the owner and the premises, in the manner and to the extent prescribed by section fortyfour of this act, or by action against any other person who may main

tain or control such nuisance.

Also, wherever the owner or occupant of any premises shall maintain a nuisance immediately opposite and adjacent to said premises, to have the same power to compel the removal and abatement thereof as in the cases where said nuisance may exist upon the premises as aforesaid; and to declare the expenses of removal or abatement to be a lien upon the premises opposite and adjacent to which said nuisance existed, and to enforce the collection of such expense against the owner and the premises, in the manner and to the extent prescribed by section forty-four of this act, or by action against any other person who may maintain or control such nuisance.

§ 8. Section twenty-nine of said act is hereby amended by adding thereto a new subdivision which shall be known and designated as number seventeen, to read as follows:

17. They may also, in their discretion, at the request of the owners Special policemen of any property, public exhibition or railway in said village, appoint for rail such number as special policemen, as the said trustees may deem roads. necessary, but the compensation of the special policemen in such cases shall be paid by the person or persons or corporations for which the service shall be performed-by them, and said village shall incur no liability therefor.

§ 9. Section forty-four of said act is hereby amended so as to read as follows:

of enforc

§ 44. All expenses incurred by the village in the enforcement of Expenses any ordinance requiring the making, grading or repairing of any side- ing ordiwalk, the removal of snow and ice or other obstruction therefrom, the nances. removal or abatement of a nuisance, or the doing of any other act they are authorized to do, the person or persons required to do the same having neglected or refused, may be by the trustees assessed on such owner or owners so neglecting or refusing, and be collected by warrant issued by them as other taxes are directed to be collected by this act, except that no notice of the time of delivery of such warrant to the collector shall be required to be published or posted; and in case such tax or assessment shall not be paid or collected, the trustees may cause such real estate to be leased, or the owner thereof to be sued, for payment and collection of such tax and the costs and expenses arising from non-payment, in the manner and with the effect and subject to the provisions of this act in regard to the collection of taxes and assessments by leasing of real estate, or by action at law against the person liable.

§ 10. Said act is hereby further amended by adding thereto a new section which shall be known and designated as number fifty, to read as follows:

§ 50. The tax-roll when completed shall be immediately delivered Tax-roll, by the clerk to the collector, with a warrant thereunto annexed, signed

etc.

of time

taxes.

unpaid

taxes.

by the trustees, or a majority of them, commanding him to collect the taxes therein specified with his fees, and return said warrant and roll within sixty days after the date of the warrant, unless the same shall Extension be further extended. The board of trustees may extend the time for to collect the return of such warrant thirty days beyond the first sixty days, and such extension shall in no event affect the validity of any bond given by the collector and his sureties. All taxes and assessments which Interest on shall remain unpaid for thirty days after the final return of said warrant shall bear interest at the rate of twelve per centum per annum, from and after the date of such return, and shall be collected as directed herein, either by a sale of the estate assessed as herein provided, or by suit against the party liable to pay such tax or assessment. Every tax real estate. or assessment, for whatever purpose imposed, charged upon real estate within the village by virtue of any provision of this act, shall be a lien. upon the real estate so charged from the time of the delivery of the warrant, and tax-roll containing the same, to the collector for five years after such delivery; and if any such tax or assessment shall be returned as unpaid, the trustees may proceed to sell the same, at the time and in the manner hereinafter provided, and the village shall have the right to receive and collect interest on such unpaid taxes or assessments at the rate of twelve per centum per annum from the time such tax is returned unpaid.

Lien on

Sale of lands for taxes.

Redemption.

§ 11. Sections seventy-five, seventy-six, seventy-seven and seventyeight of said act are hereby amended so as to read as follows:

§75. When any person, whose property or estate shall be taxed or assessed, shall fail to pay the tax or assessment, and the collector cannot collect the same and shall make return thereof, the trustees shall cause the estate so assessed to be sold at auction for a term of time, for the payment of such tax or assessment, giving four weeks' notice of such sale by putting up notices in five public places in said village, and serving personal notice on the owner or agent of said estate, if a resident of said village, or upon the occupant, and by depositing such notice in the post-office directed to such owner; if a non-resident, at his reputed place of residence, 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 the interest thereon and expense of notice and sale, which expense of notice and sale shall not exceed the sum of one dollar for each piece or parcel of land. 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 cent interest thereon and expense of, notice and sale. If at any such sale no bid shall be made for any parcel of land, the same shall be struck off to the village for the term of twenty years, and thereupon the village shall receive, in its corporate name, a certificate of the sale thereof, and shall be vested with the same rights as any other purchaser.

§ 76. At any time within one year after such sale, the owner or owners of the estate, or their legal representatives, may redeem the same by paying to the purchaser thereof (if he shall have paid the tax, interest and expense 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 the treasurer of the village, the tax, expense of sale and interest at twelve per centum from the time the tax was returned unpaid, and notifying the clerk of such payment. If such tax, expenses and interest are not paid within one year from the date of sale, then the

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