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trustees shall 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 proved or acknowledged as a deed. Upon the receipt of such certificate the purchaser may proceed to serve upon the holder or owner of any lien upon such estate, or any part thereof, notices 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 conveyances of real estate; such certificate shall be presumptive evidence of the statements contained therein, in all courts and places, actions and proceedings.

possession

$77. The purchaser receiving such certificate, or his representatives Purchaser or assigns, may, in case the land is not redeemed as herein provided, may take enter into, occupy and enjoy the same during the term for which it of land. 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 or any other owner or occupant or lien-holder, but subject, however, to the lien of all taxes or assessments that may have been for may be thereafter charged thereon; such purchaser may obtain possession of such lands and premises in the manner prescribed by law in relation to persons holding over demised premises after the expiration of their terms without the consent of their landlords, and shall be at liberty, within the term aforesaid, to remove all the buildings and materials which he may erect or place thereon.

collect

§ 78. In case the collector shall return that a tax or assessment on Civil any estate is unpaid, and he is unable to collect the same, the trustees action to are authorized and empowered, after the lapse of thirty days after the tax. 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 interest thereon and all necessary costs and expenses of said action. Said trustees may cause a transcript of such judgment to be filed, and said judgment docketed in the county clerk's office of said county, and, the samie, however small the amount, shall thereupon become a judgment of the county court of said county, and be 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 judgment is docketed, if not collected 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 of real estate on execution shall apply to sales made and redemptions under this act.

§ 12. Section seventy-three of said act is hereby further amended by adding thereto a new subdivision which shall be known and designated as number five, to read as follows:

for injur

defective

5. The said village shall not be liable for the damage or injury, sus- Liability tained by any person, in consequence of any sidewalk or crosswalk, in les occa said village, being out of repair, unsafe, dangerous or obstructed, un- sioned by less actual notice of the defective, unsafe or obstructed condition of works, etc said sidewalk or crosswalk shall have been given to the board of trustees or the street commissioner, at least forty-eight hours previous to such damage or injury. All claims against the village, for damage or injury alleged to have arisen from the defective, unsafe, dangerous or obstructed condition of any street, crosswalk, sidewalk, culvert or bridge of the village, or from negligence of the village authorities in respect to any such street, crosswalk, sidewalk, culvert or bridge, shall,

Corporat

ors.

within three months after the happening of such damage or injury,
be presented to the board of trustees, by a writing signed by the claim-
ant and properly verified, describing the time, place, cause and extent
of the damage or injury. The omission to present such claim, as
aforesaid, within said three months shall be a bar to any action or
proceeding therefor against the village. No action for such damages
or injury shall be maintained, unless commenced within one year from
the happening of the same.

§ 13. All acts or parts of acts inconsistent with the provisions of
this act are hereby repealed.

14. This act shall take effect immediately.

CHAP. 58.

AN ACT to amend chapter five hundred and thirty-five of
the laws of eighteen hundred and seventy-one, entitled "An
act to extend the operation and effect of the act passed Feb-
ruary seventeenth, one thousand eight hundred and forty-
eight, entitled 'An act to authorize the formation of corpo-
rations for manufacturing, mining, mechanical or chemical
purposes.'

PASSED March 24, 1881.

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

SECTION 1. Section one of chapter five hundred and thirty-five of
the laws of eighteen hundred and seventy-one, entitled "An act to ex-
tend the operation and effect of the act passed February seventeenth,
one thousand eight hundred and forty-eight, entitled 'An act to
authorize the formation of corporations for manufacturing, mining,
mechanical or chemical purposes,"" is hereby amended so as to read as
follows:

1. Any three or more persons may organize themselves into a corporation in the manner specified and required in and by the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, for the purpose of Purpose. purchasing, acquiring and improving real estate for residences, homesteads and apartment houses, to be leased and conducted by the corporation so formed, and occupied by the stockholders thereof, and others, and apportioning and distributing the same among the stockholders and members of such corporation. The corporation so chase and formed shall be subject to all the provisions and obligations of the act estate, etc. aforesaid, and the acts amendatory thereof, and it shall have power to

May pur hold real

take and hold by purchase, contract or lease, and convey such real
estate as shall be necessary to carry out the objects of said corporation;
and it may distribute and apportion the same among its members and
stockholders in such manner as shall be determined by its by-laws;
provided, however, that it shall not be lawful for said corporation to
hold at any one time real estate, the market value of which shall ex-
ceed the sum of five hundred thousand dollars.

§ 2. This act shall take effect immediately.

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CHAP. 59.

AN ACT to amend chapter three hundred and twenty of the laws of eighteen hundred and fifty-nine, entitled "An act to amend the incorporation of the village of Lancaster in the county of Erie."

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 two of chapter three hundred and twenty of the laws of eighteen hundred and fifty-nine, entitled "An act to amend the incorporation of the village of Lancaster in the county of Erie, is hereby amended so as to read as follows:

§2. The officers of said village shall be three trustees one of whom Officers. shall be the president of said village, one assessor, one treasurer, one clerk, one collector, one pound master, one street commissioner, a chief engineer, and one assistant engineer of the fire department in said village, and as many fire wardens as the trustees from time to time shall appoint. The trustees, assessor, treasurer, clerk and collector shall be elected at the annual meeting in said village for the election of officers, and shall hold their respective offices until the next annual election of village officers. The trustees shall be elected and Terms of shall hold office for three years, except that at the first election held office, etc. after the passage of this act one of said trustees shall be elected for three years, one for two years, and one for one year, in each case the term thereof to be designated on the ballot, and thereafter at each annual election as aforesaid there shall be elected one trustee whose term of office shall be three years. But each of the officers herein named shall hold office until his successor shall duly qualify.

The pound master, street commissioner and fire wardens shall be appointed by the trustees, and shall hold their respective offices during their pleasure.

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

tion

etc.

§ 3. The first meeting for the election of officers of said village First elecunder this act shall be held on the third Tuesday of April eigh- who to teen hundred and fifty-nine at the American Hotel in said village, preside, and William II. Bostwick, Milton McNeal and Abraham Kurtz, or any two of them, shall preside at said election; and in case two of said persons shall not attend within one hour after the time when the polls of said election may be opened, the electors present may designate from their number some two suitable persons to preside with such of the aforesaid persons as shall be in attendance at said election. The Polls. polls shall remain open from two o'clock post meridian until six and one-half o'clock post meridian; at the opening of the polls the persons presiding shall cause proclamation thereof to be made, and of the time. when the polls will be closed, and all the provisions of law as to the manner of conducting elections; the rights, duties, powers and liabilities of persons presiding thereat, and of persons entitled to vote thereat; the canvass of votes, and declaring the result and the certificate of canvass and recording the same hereinafter made applicable to annual meetings for election of officers, shall be applicable to the same.

Vacancies.

Repairing sidewalks,

§ 3. Section nine of said act is hereby amended so as to read as follows:

§ 9. Whenever the office of one of said trustees shall become vacant the same shall be filled by appointment at a meeting called for that purpose by the remaining trustee or trustees, the collector, assessor and treasurer, and which appointment be made by a majority of said officers, and the trustee so appointed shall hold his office until the next annual election for village officers, when the vacancy shall be filled by election by the people as herein provided for the election of officers. § 4. Subdivision six of section eleven of said act is hereby amended so as to read as follows:

6. For the necessary advances for making and repairing sidewalks etc. and making other improvements authorized by this act when those required shall neglect or refuse to do so. The trustees of said village shall have full power to rid the sidewalks of snow and water within the shovel district, and the cost of doing such work shall be assessed and collected in the same manner as provided for repairing sidewalks in section thirty-five of this act.

Jail,

expense of, etc.

§ 5. This act shall take effect immediately.

CHAP. 60.

AN ACT to amend section fifteen of title fifteen of chapter nine hundred and twelve of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the city of Cohoes."

PASSED March 28, 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 fifteen of title fifteen of chapter nine hundred and twelve of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the city of Cohoes," is hereby amended so as to read as follows:

§ 15. The common council shall provide a suitable jail, within said city, at an expense not to exceed five hundred dollars per year, which expense shall be a charge against the county of Albany. The said jail shall be under the charge of the board of police commissioners of the city of Cohoes, and the keeper of the station house shall be the jailer thereof and shall serve without compensation. All other actual expense of taking charge of and keeping such jail and for feeding prisoners therein shall be a charge against said county. All provisions of law in regard to the Cohoes jail or lock-up shall be applicable to the jail hereby provided for, except as herein otherwise provided. § 2. This act shall take effect immediately.

CHAP. 61.

AN. ACT to amend chapter sixty-five of the laws of eighteen hundred and eighty, entitled "An act further to amend chapter one hundred and forty-seven of the laws of eighteen hundred and seventy-six, entitled 'An act granting to the United States the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvil creek, from the North river to the East river, through the Harlem kills, and ceding jurisdiction over the same, as amended by chapter three hundred and forty-five of the laws of eighteen hundred and seventy-nine, and to authorize the city of New York to issue stock or bonds in aid of said improvement.'

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PASSED March 28, 1881; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter sixty-five of the laws of eighteen hundred and eighty, entitled "An act further to amend chapter one hundred and forty-seven of the laws of eighteen hundred and seventysix, entitled 'An act granting to the United States the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvil creek, from the North river to the East river, through the Harlem kills, and ceding jurisdiction over the same, as amended by chapter three hundred and forty-five of the laws of eighteen hundred and seventy-nine," is hereby amended so as to read as follows:

to lay out

sessment.

§ 2. The commissioners of estimate and assessment appointed pur- Commissuant to the provisions of chapter one hundred and forty-seven of the sioners laws of eighteen hundred and seventy-six, and chapter three hundred area of as and forty-five of the laws of eighteen hundred and seventy-nine, by the several orders of the supreme court made and entered upon the petition of John Newton, the engineer in charge of said improvement, in the name of the United States, at a special term of the first judicial district, held in the city of New York on the twenty-fourth, twenty-seventh and thirty-first days of October, eighteen hundred and seventy-nine, or in the event of the death, resignation or removal of such commissioners, or either of them, such other commissioners as may be appointed by the supreme court in the place and stead of such commissioner or commissioners so dying, resigning or removed, are hereby authorized and directed to lay out and determine upon an area of assessment embracing such lands and premises on each side of the exterior lines of said improvement, or as nearly adjacent thereto as said commissioners shall deem to be benefited thereby, and to assess Assessupon such lands and premises, and the persons and parties in interest ment. owning the same, within such area of assessment for the value of such benefit, the sum required to pay the compensation awarded to, or to be awarded by them under the acts hereby amended, and as hereby amended, and the order or orders of the supreme court heretofore made or hereafter to be made upon such petition, and the cost and expenses of estimate, assessment and other proceedings necessarily taken or to be taken under and authorized by said acts, and by said acts as

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