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Ibid.

Treasurer to bid in for county

person

offers to

bid.

ple of this state may have thereon for taxes or other liens or incumbran-
ces; and the said treasurer issuing such conveyance, shall be entitled to
demand and receive from the grantee one dollar as his compensation for
preparing such conveyance.

§ 10. Every such conveyance shall be executed by the treasurer of
said county, under his hand and seal, and the execution thereof shall be
acknowledged before a proper officer the same as other conveyances of
real estate are acknowledged and executed under the laws of this
state; and such conveyance shall be conclusive evidence that the sale
was regular, and also presumptive evidence that all the previous
proceedings from and including the assessment of the land, and all
notices required by law to be given previous to the expiration of the two
years allowed to redeem, were regular.

§ 11. It shall be the duty of the treasurer to bid in for the county of Monroe, at any sale of land for taxes, by virtue of this act, every lot of in case no land by him put up for which no person shall offer to bid, and certificates of such sale shall be made by the treasurer, which shall describe the lands purchased and specify the time when the board of supervisors of the county of Monroe will be entitled to a deed. Such purchases shall be subject to the same right of redemption as purchases by individuals, and if the lands sold shall not be redeemed, the treasurer shall execute a conveyance therefor to the board of supervisors of the county of Monroe, or its assigns, which shall have the same effect, and become absolute in the same time and on the performance of the like conditions as in the case of sales and conveyances to individuals.

Treasurer may as

sign in

county.

§ 12. The treasurer may, at any time, sell and assign all the interests of the county of Monroe in any or all certificates owned by the said terest of county of Monroe, either at public or private sale, as to him may seem best for the interest of said county, to any person who shall forthwith pay into the county treasury the amount of the purchase-money charged him by the treasurer, and the assignee of such certificates, if the lands therein described be not redeemed, shall be entitled to a deed therefor, which shall have the same effect and become absolute in the same time, and on the performance of the like conditions as in the conveyances in the last preceding section.

chaser to

give notice, etc.

After two § 13. Whenever the whole or any part of any lot or separate tract of years pur- land sold for taxes by the treasurer, and conveyed as hereinbefore provided, shall, at the time of the expiration of the two years given for the redemption thereof, be in the actual occupancy of any person, the grantee to whom the same shall have been conveyed, or the person claiming under him, shall cause a written or printed notice to be served upon the person or persons occupying such land, within two years from the expiration of said time to redeem, stating in substance, the sale and conveyance, the person to whom made, and the amount of the consideration money mentioned in the conveyance, with the addition of thirtyfive per centum on such amount, and the sum paid for the deed not exceeding five dollars, and stating also that unless such consideration money and the said thirty-five per centum together with the sum paid for the deed shall be paid into the treasury for the benefit of such grantee, within three months after the time of filing in the treasurer's office of the evidence of the service of the said notice, that the said conveyance will become absolute, and the occupant and all others interested in the land be forever barred from all right or title thereto; such notice shall be served personally on such occupant, or by leaving it at his dwelling-house or place of business with some person of suitable age and discretion.

1

1

on per

sessed.

§ 14. At the expiration of the two years given for the redemption of Notice to any lot or separate tract of land sold for taxes, and conveyed as herein- be served before provided, the grantee, or the person or persons claiming under sons ashim, shall, in all cases, whether said land is occupied or unoccupied, cause to be served upon the person or persons to whom the same is assessed on the county assessment-rolls at the time of such service, a notice similar in all respects to that required in the last preceding section, to be served upon the occupant. Said notice may be served either personally or by depositing the same in the Rochester post-office properly sealed and inclosed in a post-paid wrapper, directed to the said person to whom said land is assessed, at his last known place of residence.

redeem.

§ 15. Any person having an interest in or lien upon premises sold for Lien holdtaxes, pursuant to the provisions of this act, and remaining unredeemed ers may after service of either of the notices required by the last two preceding sections, may, at any time within the three months mentioned in such notice, redeem said land by paying into the county treasury such consideration money, with the addition of thirty-five per cent thereon, and the amount that shall have been paid for the deed; and every such redemption shall be as effectual as if made before the expiration of the two years allowed to redeem the land sold.

purchaser

posses

§ 16. Within one year after the expiration of the three months men- Proceedtioned in the notice to be served pursuant to sections thirteen and four-ings by teen of this act, the grantee, his heirs or assigns, shall make application to obtain to the county court of Monroe county for an order requiring the parties in interested to show cause why he should not have possession of and title to such property; and if such property be incumbered by mortgage which is recorded, or by a judgment which is a lien thereon, or by any other recorded lien, the court shall cause a written or printed copy of said order to show cause to be served on the person who according to the records in Monroe county clerk's office is the owner of such property and of such mortgage, judgment or other recorded lien, stating in substance the sale and conveyance, the person to whom conveyed, the amount of the consideration money mentioned in the conveyance, together with thirty-five per centum on said amount, and the amount paid for the deed, and for serving all orders required by this section, and that unless such consideration money, together with the thirty-five per centum and the expense of procuring the deed, and the expense of serving said orders to show cause, is paid into the treasury of said county by a person having an interest in or lien upon said lands, together with the costs allowed by the court for this proceeding, which amount shall be specified in said order, within three months from the service thereof, the court will declare the title vested in the grantee. Said order to show cause shall in every case be served upon the person who according to the records of the Monroe county clerk's office is the owner of said property.

lute.

§ 17. At any time after the expiration of the three months last afore- Final orsaid, unless the premises are redeemed according to the terms and condi- der declaring tionsof said order, the county judge or special county judge may by a final title absoorder declare the absolute title in fee to the said premises vested in the grantee, and that all persons having any lien upon or interest in said premises shall be, from the date thereof, forever barred and cut off from any and all right, title or interest in said property.

tion by

§ 18. Any person having an interest in or lien upon said premises Redemp may, within the three months mentioned in the last preceding section, lien holdredeem the same by paying into the county treasury the amount stated ers. in the order to show cause; and such redemption shall be as effectual

order to

show cause.

as if made at any time prior to the granting of the said order to show

cause.

Service of § 19. The order to show cause required by section sixteen of this act shall be served by the sheriff or his deputy personally upon the person who by the records in the Monroe county clerk's office appears to be the owner of the property, the owner or owners of the mortgage, judgment or other recorded lien, if any there be, if said owner or owners reside in Monroe county; if not residents of said county, service shall be made in the manner provided for the service of notices in section fourteen of this act. The certificate of the sheriff stating the time, place, and manner of such service shall be presented to the county judge or special county judge before the granting of the final order provided for, in section seventeen of this act.

When

ance to be

$ 20. No conveyance made in pursuance of this act shall be recorded convey until all notices and orders required by the provisions of this act have recorded. been served, and all proceedings required to be taken have been so taken; and the final order required by section seventeen of this act, and the certificate of the county judge, or special county judge stating that all proceedings have been regular, and that all necessary notices have been served, shall be attached to and recorded with such conveyance.

Notice to be filed.

Sheriff's fees.

When sale to be

§ 21. Within one month after the service of a notice required to be served by section thirteen and fourteen of this act, a copy of such notice shall in all cases be filed with the county treasurer, together with the affidavit of the persons making such service, which shall specify the time, place and manner of such service.

§ 22. For serving an order required by the provisions of this act to be served by the sheriff, he shall be entitled to charge and receive of the purchaser or grantee for each such service, if personal, the same compensation to which he is now entitled by law for serving a summons in a civil action; and if served by mail he shall be entitled to a sum not to exceed fifty cents for each such service.

§ 23. Whenever the county treasurer shall discover, prior to the concanceled. veyance of any lands sold for taxes by virtue of this act, that the sale was for any cause whatever invalid or ineffectual to give title to the lands sold, the lands so improperly sold shall not be conveyed, but the treasurer shall cancel the sale, and forthwith cause the purchase-money and interest thereon to be refunded out of the county treasury to the purchaser, his representatives or assigns.

Charges

by board

Charges

until so

fixed.

§ 24. The charges to be added to the tax and interest upon each parto be fixed cel of land to be sold or advertised for sale by virtue of the provisions of of super- this act shall be fixed by the board of supervisors of Monroe county, at visors. their first session after the passage of this act. Before being so determined by said board of supervisors, said charges shall be as follows: For each parcel sold, the sum of one dollar and fifty cents, of which seventy-five cents shall be received by the county treasurer as his compensation, and the balance shall be paid into the county treasury; and for each parcel redeemed before the same is sold, the sum of one dollar, of which fifty cents shall be received by said treasurer, and the balance paid into said treasury.

§ 25. All acts and parts of acts inconsistent with this act are hereby repealed, so far as they relate to Monroe county. Nothing in this act however shall affect any sale of any property or impair any vested right acquired or created under or pursuant to any existing law.

§26. This act shall take effect immediately, excepting that provision

of section six which authorizes the treasurer to receive a fee for certificates of sale, which provision shall take effect on the expiration of the term of office of the present incumbent.

Chap. 108.

AN ACT to further amend chapter five hundred and ninetysix of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Manhattan Mortgage Company," and to change the name of the said company and increase the number of its directors.

PASSED April 7, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision five of section two of chapter five hundred and ninety-six of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Manhattan Mortgage Company," as amended by chapter two hundred and fifty-eight of the laws of eighteen hundred and eighty-two, is hereby amended so as to read as follows:

etc., real

5. To purchase, hold and convey all such real or personal estate as To purshall be necessary for said company to use in the transaction of its busi- chase, ness, and to maintain and let for hire vaults, safes and like receptacles, estate,etc. and in like manner to purchase, hold and convey all such other real or personal property as said company may acquire in the collection or settlement of its demands or claims, or purchase or take on foreclosure or enforcement of mortgages.

§ 2. The name of said company is hereby changed to, and the said Name company shall continue and have succession under the name of, Knick- changed. erbocker Trust Company, and the board of directors of said company may, by by-law, from time to time fix the number of the members thereof at any number not less than thirteen nor more than twenty-five. § 3. This act shall take effect immediately.

Chap. 109.

AN ACT to amend chapter three hundred and thirty-six of the laws of eighteen hundred and eighty-three, entitled "An act to authorize the selection, location and appropriation of certain lands in the village of Niagara Falls for a state"* reservation and to preserve the scenery of the falls of Niagara.

PASSED April 7, 1884; 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 three hundred and thirty-six of the laws of eighteen hundred and eighty-three, entitled "An act to

*So in original.

Court to

hear ap

plication and ap

point

Commis

sioners.

Duty of

sioners.

authorize the selection, location and appropriation of certain lands in the village of Niagara Falls for a state reservation and to preserve the scenery of the falls of Niagara," is hereby amended so as to read as follows:

§ 4. Upon the day designated in the said notice, or on some other day to be named by the said court, the said court shall hear the application of the said commissioners, and shall appoint three commissioners of appraisement for the purpose aforesaid. And in case any commissioner of appraisement shall decline to serve, the said court may, on application of said board of commissioners of the state reservation at Niagara, upon notice of such vacancy and application to be published in a newspaper in the county of Niagara for ten successive week-days, appoint another in his place.

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

§ 6. The commissioners shall together view such property and shall commis- receive any legal evidence as to the compensation that should be made therefor, and may adjourn from time to time, and one commissioner in the absence of the others shall have power to adjourn. They shall ascertain and award to the respective owners of the property to be taken, and to all persons and corporations interested therein, such compensation therefor as in their opinion shall be just and proper, and in fixing the amount of such compensation said commissioners shall not make any allowance or deduction on account of any real or supposed benefits which the parties interested may derive from the said state reservation Report to or improvement for which said lands are to be taken. The report of the said commissioners of appraisement, signed by a majority of said commissioners, shall be filed in the office of the clerk of Niagara county as soon as completed, and said report shall be made and filed within one year from the time of their appointment. Their minutes of testimony taken by them, if any, shall be attached to and filed with their said report and form a part thereof. Such minutes of testimony may, in the discretion of the said commissioners of appraisement, be taken by a stenographer to be appointed by them, and it shall not be necessary that the witnesses giving such testimony sign the same.

be filed,

etc.

Report to the legis lature.

$30,000 appropri ated.

§ 3. The said board of commissioners of the state reservation at Niagara shall, from time to time, report to the legislature upon the progress and condition of their work, with a statement of their expenses, and such recommendations as they shall see fit to make. § 4. This act shall take effect immediately.

Chap. 110.

AN ACT for the improvement of the Hudson river and to make an appropriation therefor.

PASSED April 8, 1884; three-fifths being present.

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

SECTION 1. The sum of thirty thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, for the purpose of removing obstructions in and improving the navigation of the Hudson river, at and between the city of Troy and the town of

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