Interest of state released. CHAP. 78. AN ACT to authorize the Brooklyn and Montauk Railroad PASSED April 7, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Brooklyn and Montauk Railroad Company is hereby authorized by a majority vote of the board of directors of said company to change the date of the annual meeting of the stockholders of the said company for the election of thirteen directors, from the first Tuesday of November to the first Wednesday of November. § 2. This act shall take effect immediately. CHAP. 79. AN ACT to release the interest of the people of the state of New York in and to certain real estate in the township of Fayette, in the county of Seneca, in the state of New York, of which Margaret Johnston, late of said township, died seized or possessed, to the persons who, according to the statutes of this state, answered the description of her heirs at law at the time of her death, and to their grantees. PASSED April 7, 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. All the estate, interest and property which the people of the state of New York may have acquired by escheat at the death of Margaret Johnston, late of the township of Fayette, in the county of Seneca, in the state aforesaid, in and to certain real estate described as follows: All that certain piece or parcel of land situate, lying and being in the township of Romulus, in the new town of Fayette, in the county of Seneca and state of New York, being part of lot number seventeen in the said township of Romulus, and bounded as follows: north, on land of Robert S. Rose, south on Samuel Konklin's land, west on the Seneca lake, and to extend from said lake easterly along said north and south bounds so far as to contain one hundred and twelve acres of land; and being the same premises conveyed by Algernon S. Griswold, of the city of New York, to Margaret Johnston, wife of John Johnston, of Galloway, Scotland, by deed dated October twenty-fourth, eighteen hundred and twenty-one, and recorded November first, eighteen hundred and thirty-one, in book O of deeds, page two hundred and ninety-one, and to which deed reference is had, is hereby released to those persons who, according to the statutes of this state, would have answered the description of heirs at law of the said Margaret Johnston at the time of her death, and to their grantees prior or subsequent hereto; and they are hereby authorized and empowered to hold and convey the same in the same manner and with like effect, without further action, as if the said Margaret Johnston had been a native-born or fully naturalized citizen of the United States, at the time of and before her death. affect § 2. Nothing in this act contained shall be construed to impair or Not to affect adversely the right in the said real estate of any devisee, grantee, vested purchaser or creditor of the said Margaret Johnston, or of any grantee rights. of and from her heirs at law, or of or from any or either of them. § 3. This act shall take effect immediately. CHAP. 80. AN ACT to amend chapter thirty-nine of the laws of eighteen hundred and seventy-four, entitled "An act to reorganize the village of Medina." PASSED April 7, 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 ten of title eight of chapter thirty-nine of the laws of eighteen hundred and seventy-four, entitled "An act to reorganize the village of Medina," is hereby amended so as to read as follows: specify is to be lished. § 10. The board of trustees in their resolutions or ordinances requir- Resolu ing all, any or either of the improvements, acts or things mentioned tions to in section nine of this act, shall specify in what manner and within how work what time and of what materials the same must be made or done. done, etc. They shall cause to be served, at least twenty days before the expira- Copy to be tion of the time so specified for such performances, upon the owners served. or occupants of the lands adjoining such sidewalk so to be improved as aforesaid, a copy of such resolution or ordinance with a notice that if the same is not done within the specified time, by the several owners or occupants of the adjacent lands, it will be done by said trustees at the expense of such owners or occupants. Such service shall How be made in the manner (except as to publication) prescribed in section served. eleven of title seven of this act for the service of the notice therein required. In addition to such service, the trustees shall also, at least To be pubtwenty days before the expiration of the time specified for performance, cause a copy of such resolution or ordinance to be published in one or more of the newspapers printed in said village for at least one week. Affidavits of the service and publication of such resolution or Proof of ordinance may be filed or recorded, or both, in the office of the clerk service, of said village, and the affidavits, or the record thereof, or a certified copy of either, shall, in all courts and places, actions and proceedings, be prima facie evidence of the facts therein stated. In case any such Special improvement, act or thing so required shall not be made, done or comment in pleted as required within the time so specified, the trustees shall have case of power to make, do or complete the same, and having done so may have work proceed to make a special assessment of the expense thereof against the delinquent owners or occupants, and upon the said adjoining lands owned or occupied by them, assessing upon each parcel or lot of land the expense of the sidewalk immediately adjoining it, and a due pro-. portion of the expense of making said assessment, and within five days after the completion of such assessment give notice to such owner etc. assess failure to done. certificates of assess Lled. or occupant so assessed, which notice shall set forth that such assessment has been made and completed, and where the same may be seen and examined by any such owner or occupant for the space of at least five days after the service of such notice, and that on a day and hour to be specified in such notice said trustees will meet to revise such assessment on the application of any such owner or occupant considering himself aggrieved; which notice shall be served in the same manner as in this section provided for the service of a resolution or ordiDuplicate nance. Within two days after such meeting for the review of any such assessment said trustees shall make and file with the clerk dupliment to be cate certificates of such assessment, both of which shall be deemed originals, and such assessment, from the time of filing such duplicate certificates, shall be final and conclusive upon all persons and parties affected thereby. To one of such duplicate certificates shall be attached the warrant for the collection of said assessment; and to the other a copy of said warrant and the treasurer's receipt for said certificate and warrant. The said certificate shall be substantially in the form prescribed in section eight of title eight of this act for the certificate therein required; it shall be signed by the trustees, or a maCollection jority of them, and the said assessments shall be collected in the same manner and with the fees prescribed in this act for the collection of the general village tax, and, in addition to all other remedies contained in this act, the trustees may, in the corporate name of the said village, prosecute any person liable to pay for the construction or repair of any sidewalk, where such walk shall have been constructed or repaired by the said trustees under the provisions of this act, and shall be entitled to recover judgment for all sums laid out or expended in the construction or repair of such walk, together with the costs of suit; such action may be prosecuted in any court having jurisdiction of actions upon contracts, but the judgment, when so obtained, shall not discharge the lien upon the real estate, as herein before provided, until actual payment and satisfaction thereof. Form of certificate. of assess ments. Proposals tion of §2. This act shall take effect immediately. CHAP. 81. AN ACT to amend chapter one hundred and twenty-seven of the laws of eighteen hundred and sixty-six, entitled "An act relative to the collection of taxes in the town of Oswegatchie, in the county of St. Lawrence." PASSED April 7, 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 one of chapter one hundred and twenty-seven of the laws of eighteen hundred and sixty-six, entitled "An act relative to the collection of taxes in the town of Oswegatchie in the county of St. Lawrence," is hereby amended so as to read as follows: § 1. The board of town auditors of the town of Oswegatchie, in the for collec- county of St. Lawrence, shall in the last week in September next, and annually thereafter, insert a notice in the newspapers published in the city of Odgensburg, which shall be published therein, once in taxes. each week for four successive weeks, that they will receive sealed proposals for the collection of the taxes to be assessed on said town at the then next succeeding session of the board of supervisors of said county. Such proposals shall state what sum of money the makers thereof will pay to said town and receive the said taxes, without charge, during the first thirty days after notice of the receipt of the warraut; and the rate per centum for which they will collect the taxes which shall remain unpaid at the end of the said thirty days, which rate shall not exceed five per centum. § 2. Section two of said act is hereby amended so as to read as follows: to be to clerk. G collection § 2. All proposals for the collection of such taxes shall be delivered When to to the town clerk of said town on or before the first Monday in Novem- delivered ber of each year, and shall be by him delivered to the said board of town auditors at their annual meeting on the Thursday succeeding, and shall be opened by said board in the presence of such persons as may choose to attend at such hour as said board shall fix in the notice mentioned in the preceding section of this act. The said board of Award of town auditors shall award the collection of said taxes to the person who shall propose to pay to said town the largest sum of money and receive, without charge, all taxes paid in during said thirty days, and furnish the bond herein required; provided, however, that if the Proviso. largest sum so proposed shall have been proposed by more than one person, the collection of the taxes shall be awarded to the one proposing to collect the balance of the unpaid taxes, at the lowest rate. The bond shall be the same now required by law to be given by collectors of taxes, and containing the further condition that said collector will pay to said town, upon the return of his warrant, the sum so proposed by him, and collect the taxes remaining unpaid, on the terms stated in his proposal, to said board of town auditors. The person to Collector. whom the collection of said taxes shall be awarded shall be the collector of said town, and shall possess the powers and be subject to the same liabilities as collectors of towns, and the said collector shall immediately after the receipt of his warrant give the notice now required by law of the time and place when and where he will receive such taxes for thirty days thereafter. CHAP. 82. AN ACT to legalize the official acts and proceedings of Henry The People of the State of New York, represented in Senate and SECTION 1. All the official acts and proceedings of Henry Burgess, George Bason and Juvenile Winters as excise commissioners in and for the town of Ripley in the county of Chautauqua, are hereby made legal and valid, as they would have been had they executed and filed an official bond within the time required by law. § 2. Nothing herein contained shall affect the right of any party to any suit or proceedings commenced prior to the passage of this act. §3. This act shall take effect immediately. Only one assessor and com Salary, etc. CHAP. 83. AN ACT to extend the time for the completion of the Utica, PASSED April 7, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The time for the completion of the Utica, Chenango and Cortland Railroad is hereby extended for the term of two years beyond the time fixed for the completion of said road. § 2. This act shall take effect immediately. CHAP. 84. AN ACT in relation to certain town officers of the town of PASSED April 7, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. On the expiration of the term of office of the assessor and commissioner of highways of the aforesaid town of Kingston, missioner. Ulster county, holding the longest terms, respectively, there shall annually thereafter be elected at the annual town meeting of said town, one assessor, whose term of office shall be for one year, and who shall receive for his services the sum of fifty dollars, in lieu of all other fees and charges; one commissioner of highways, whose term of office shall be for one year, and who shall receive for his services the sum of fifty dollars, in lieu of all other fees, allowances and disbursements. Only one justice. Terms of office. Only one constable. Salary of clerk. § 2. At the annual town meeting in said town of Kingston, preceding the expiration of the term of office of the justice of the peace of said town, holding the longest term of office by election, and every fourth year thereafter there shall be elected but one justice of the peace, and whose fees shall be the same as now provided by law. §3. The terms of office of all town officers of said town of Kingston now holding office by virtue of appointment, and all those who may hereafter be appointed, shall continue in office until the following spring election, and no longer; and the particular offices now filled by appointees shall cease at the date of the spring election to be held in March, eighteen hundred and eighty-two. § 4. There shall be no election in said town of Kingston for the respective officers enumerated in section one of this act, until the term of the officer now holding the longest term by election of the respective offices shall expire. § 5. At the next annual town meeting of the said town of Kingston, and annually thereafter, there shall be but one constable elected and no more, whose fees shall remain the same as now prescribed by law. § 6. The town clerk of the said town of Kingston shall hereafter receive for his services the sum of fifty dollars, in lieu of all other |