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costs

thereof.

15. Whenever any appeal so made shall not be sustained, the costs Appeal, and expenses arising therefrom and connected therewith shall be a charge upon the town, city or ward so appealing, which shall be audited by the board of supervisors, and levied upon the taxable property of said town, city or ward; and whenever any appeal so made shall be sustained, the Comptroller shall certify the reasonable costs and expenses arising therefrom and connected therewith on the part of the appellant, and such amount shall be audited by the board of supervisors, and levied upon and collected from the towns and cities of the county other than those by which the determination of the appeal are accredited, by means of an excess of valuation.

plicable

2. This amendment shall apply to all appeals under the act afore- Amendsaid that have been decided by the Comptroller since said chapter three ment aphundred and twenty-seven of the laws of eighteen hundred and seventy- to former three took effect, and the amount of costs and expenses that shall be appeals. certified under this amendment shall be audited and levied by the board of supervisors at the next annual meeting thereof after such costs and expenses shall be so certified.

3. Section nine of said act is hereby amended so as to read as fol

lows:

tax as

the comp

sessed,

9. The amount of State tax which each county is to pay, so fixed Amount and stated by the Comptroller as aforesaid, shall be assessed by the of State supervisors or other officers authorized to make the assessment of State fixed by taxes in the tax roll for the calendar year, in and for which the same troller to shall have been ascertained and stated by the comptroller as aforesaid, be asand shall be included in and collected by the annual collection of taxes &c. in the several counties in the manner prescribed by law; and if the board of supervisors or other officers authorized to make such assess- Mandamment shall neglect or refuse to include and assess such tax, or any part thereof, in said assessment roll, then the Comptroller of the State may or refusal. immediately proceed by mandamus before any court having jurisdiction to compel the board of supervisors or other officers required to make such assessment to do the same or make a new assessment for the same, which shall be collected as provided for the collection of other taxes.

§ 4. Section ten of said chapter three hundred and twelve of the laws of eighteen hundred and and fifty-nine is hereby amended so as to read as follows:

us in case

of neglect

sessors.

10. The said State Assessors shall receive an annual salary of two Salary of thousand five hundred dollars each, and not to exceed five hundred State as dollars each for other expenses, while engaged in the discharge of their official duties.

to State

$5. All appeals that shall be hereafter brought under the provisions All ap of the acts hereby amended shall be to the State Assessors instead of peals to the Comptroller, and as to such and all appeals pending under said act assessors. upon the hearing of which the Comptroller has not entered, the State Assessors are vested with and shall exercise all the powers, and discharge all the duties, that by said act and the amendments thereof are vested in or imposed upon the Comptroller, in lieu of said Comptroller, and when any appeal shall hereafter be brought, a notice of such appeal Notice shall be served on the State Assessors by filing the same in the office of the Secretary of State within the same time that it is now required to be filed with the county clerk.

86. This act shall take effect immediately.

thereof.

Prohibi

apply to

private trout

Chap. 352.

AN ACT to amend an act entitled "An act relating to the preservation of speckled brook trout within the counties of Tioga and Tompkins, State of New York," passed June twelfth, eighteen hundred and seventy-three.

Passed May 7, 1874; 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, chapter seven hundred and forty of the laws of eighteen hundred and seventy-three, is hereby amended so as to read as follows:

§ 4. None of the provisions of this act shall apply to or affect the tion not to streams or waters upon the premises now owned or occupied by any individual or individuals in said counties, especially used for the propagation, production or culture of speckled trout, said waters being known as private trout ponds or streams, nor to any fish taken therefrom with consent of said owner or occupant.

ponds.

Electors

may

change village

name.

Ballots,

form of.

§ 8. This act shall take effect immediately.

Chap. 353.

AN ACT to authorize the inhabitants of the village of
Willink to vote on the question of a change of name.

Passed May 7, 1874; three-fifths being present.

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

SECTION 1. At a special election in the village of Willink, to be held on the second day of June, eighteen hundred and seventy-four, the electors of said village shall have power to determine by vote whether the name of such village shall thereafter be Willink or East Aurora, which vote shall be determned by ballot. If a majority of the ballots so cast shall contain the name of Willink, the said village shall continue to be known by that name. If a majority of the ballots so cast shall contain Certificate the name of East Aurora, the inspectors of said election shall make a to be certificate reciting the said election, and the result thereof shall be filed in the office of the clerk of the county of Erie, and a duplicate in the office of the clerk of said village, and the incorporation shall thereafter be known by the name of the village of East Aurora.

made and filed.

§ 2. This act shall take effect immediately.

Chap. 354.

AN ACT authorizing the city of Albany to close a part of Exchange street in said city.

Passed May 7, 1874; three-fifths being present.

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

may dis

part of

SECTION 1. The city of Albany is hereby empowered, by a vote of its Common common council, to discontinue and close Exchange street, between council Broadway and Dean street, in said city, whenever the property fronting continue on that portion thereof shall become vested in the United States of Exchange America; and on discontinuance and closing of said street, the said the street. United States of America shall have the right to take possession of, use, occupy, improve, enjoy and hold the lands forming that part of said street which is so discontinued and closed.

§ 2. This act shall take effect immediately.

Chap. 355.

AN ACT to release the interest of the People of the State of New York in certain real estate to Charles Durring.

Passed May 7, 1874; by a two-third vote.

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

State to

released.

SECTION 1. All the estate, right, title and interest of the People of the Title of State of New York, acquired by escheat by reason of the alienage of land in Sophia Durring, deceased, or Louis Durring, her son, both or either of, Brooklyn in and to the house and lot of land situate in the city of Brooklyn, county of Kings, known as number forty-one Bond street in said city, and particularly described in a deed thereof executed by said Louis Durring to Charles Durring, and which deed was recorded in the Kings county register's office, in liber one thousand and ninety-five of conveyances, page three hundred and thirty-six, is hereby released to and vested in said Charles Durring.

§2. Nothing herein contained shall affect or impair the right or inter- Proviso. est of any heir-at-law, devisee, grantee, judgment creditor or mortgagee in or to the premises herein mentioned.

§ 3. This act shall take effect immediately.

Chap. 356.

AN ACT in relation to the redemption of real estate sold for the non-payment of assessments in the city of Albany.

Passed May 7, 1874; three-fifths being present.

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

SECTION 1. No sale for real estate hereafter made for the non-pay- Sale for ment of any assessment in the city of Albany shall destroy or in any ment not

assess

to affect

manner affect the lien of any mortgage thereon duly recorded, except mortgage as hereinafter provided.

lien.

Purchas

mort

§ 2. It shall be the duty of the purchaser at such sale to give the er to give mortgagee a written notice of such sale, requiring him to pay the amount gagee no. of the purchase-money with interest at the rate allowed by law thereon within six months after the giving of such notice.

tice.

If paymade, sale

§ 3. If such payment shall be made the sale shall be of no further ment be effect and the mortgagee shall have a lien on the premises for the amount to be of no paid with the interest which may thereafter accrue thereon, at the rate of seven per cent. per annum, in like manner as if the same had been included in his mortgage.

effect.

Effect of

§ 4. In case the mortgagee shall fail to make such payment within non-pay the time so limited he shall not be entitled to any benefit of section one of this act.

ment.

Terms mortgagee and defined.

§ 5. The term mortgagee, as used in this act, shall be construed to include assignees whose assignment shall be duly recorded, and personal purchaser representatives; and the term purchaser shall be construed to include assignees, and real and personal representatives, as the case may be.

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Amend

ment.

§ 6. The notice required by section two of this act may be given either personally or in the manner required by law in respect to notices of non-acceptance or non-payment of notes, or bills of exchange, and a notarial certificate thereof shall be presumptive evidence of the fact; such certificate may be recorded in the clerk's office of the county of Albany in the same manner and with the same effect as is by law prescribed in respect to deeds or other evidences of title to real estate.

§ 7. In all cases of lands hereafter to be sold for arrears of assessments in said city of Albany, it shall be the duty of the purchaser, or of the person claiming under him to give the owner or occupant the notice required by section two of this act.

8. This act shall take effect immediately.

Chap. 357.

AN ACT to amend chapter two hundred and forty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act to provide for the incorporation of villages,' passed December seventh, eighteen hundred and fourty-seven, and the several acts amendatory thereof, so far as the same relates to the village of New Rochelle, in the county of Westchester."

Passed May 7, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter two hundred and forty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act to provide for the incorporation of villages,' passed December seventh, eighteen hundred and forty-seven, and the several acts amendatory thereof, so far as the same relates to the village of New Rochelle, in the county of Westchester," is hereby amended by adding at the end of article five of said chapter a new section, to be known as section thirty-two, and which shall read as follows:

Owners to § 32. It shall be the duty of the owners and occupants of lands fronteping on any of the streets or avenues in said village to construct and

trnet

front of

neglect,

may cause

thereof a

keep in repair the curbs and gutters in front of their respective lots, in in repair such manner, and at such times, and of such material as the said trus- curbs,&c., tees may, by a by-law, resolution or ordinance for that purpose, legally their lots. direct, and if any such owner or occupant shall refuse or neglect to con- In case of struct the curb or gutter opposite to or fronting on the lot or lots owned refusal or or occupied by him as aforesaid, when so directed to do by the said trus- trustees tees, then in either case it shall be lawful for the trustees to cause such the same curb and gutters to be so constructed or repaired, for or on account of to be done. the owner of such lots, and such owner and such lots shall be liable to pay the expenses of such construction or repairs, and all sums so expended upon any curb, not exceeding the rate of fifty cents per lineal foot; and all sums so expended upon any gutter, not exceeding the rate Expenses of fifty cents per lineal foot, in any one year, after being audited by the trustees, by a vote of the board of trustees, shall thenceforth be a lien, assessment, or tax to that amount upon every such lot, and thereupon Trustees it shall be lawful for the said board to issue to the collector of taxes and may issue assessments their warrant, returnable in thirty days, for the collection for collecthereof, out of the goods and chattels of the persons legally liable to pay of the same; and if such warrant shall be returned unsatisfied, in whole Lot may or in part, to advertise and sell such lot, in the manner prescribed in be sold. titles four and five of this act, as in case of sale for the non-payment of assessments and taxes, and by the Revised Statutes in like cases; and the purchaser or purchasers, owner or owners, and his, her or their legal representatives, shall have the same rights and privileges as are given to them respectively, in and by the said title; all grading for gutters or Grading. curbs to be done at the expense of the village whenever ordered to be constructed by the trustees of the village.

§2. This act shall take effect immediately.

Chap. 358.

AN ACT to amend section six of chapter seventy-six of the laws of eighteen hundred and fifty, entitled "An act to revise and consolidate the laws in relation to the village of Whitehall," passed March sixteen, eighteen hundred and fifty.

Passed May 7, 1874; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six of chapter seventy-six of the laws of eighteen hundred and fifty is hereby amended by adding at the close thereof the following provisions:

lien.

warrant

tion there

contract

The trustees of said village shall not contract indebtedness nor incur Power of liabilities on behalf of said village, in any one year, exceeding in gross trustees to the sum of five hundred dollars, until the moneys necessary for, and debt. applicable to, the payment of such indebtedness and the discharge of such liabilities, have been duly voted at an annual or special meeting of said village, except that said trustees may contract indebtedness or incur liabilities for street purposes, until the amount of such indebtedness and liabilities shall equal the sum authorized to be raised as a highway tax by section sixteen of this act, as amended by chapter four hundred and seventy-one of the laws of eighteen hundred and sixty-nine.

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