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age ledgers shall be in all respects books of public record, and shall be Books to
be public taken as determnivate evidence and proof of the claim of the city of Brooklyn for default in payment of taxes, assessments and water rates charged in said books of arrears of taxes, assessments and water rates, and posted in said arrearage ledgers against any piece, lot or parcel of land so ascertained to be in arrears to said city. The said comptroller shall exercise supervision over the work of compiling and ledgerizing the said arrearages, and shall employ the necessary clerical force to complete the same.
§ 2. The comptroller of the city of Brooklyn is hereby authorized "Arrearand directed to open in his office and keep an account to be known as account.” the “arrearages account,” to which account shall be debited all sums now in arrears on the several tax levies and local and special assessments, and for water rates as appearing on his books, and all sums which shall hereafter be returned in arrears. All sums received from the registrar of arrears after the passage of this act shall be credited to the said “ arrearages account," and shall be transferred from said account to the several funds to which the same are applicable. In all cases where, in pursuance of any provision of law, any sum shall be received or collected in discharge of all arrearages upon any lot or parcel of land less than the whole amount of such arrearages, as the same a; pear on the books of the said comptroller, he shall transfer from said account first to the special fund the amount of all assessments on such premises for special local improvements, including the laying out or opening of any street, avenue, square or place, with the interest thereon now allowed by law, and the balance of such amount . shall be transferred to the general fund, and if such amount shall be paid in installments, the same shall be transferred in the proportions of said installments to the total amounts applicable to said several funds.
$ 3. The registrar of arrears of said city of Brooklyn is hereby au- Copy thorized and empowered, with the approval of the mayor, to cause to be be pks to prepared, for use in his office, a copy of the said ledger arrearage books pared for when completed, and to revise and compare the same with the records register of in his office, and when completed the same shall be books of public arrears, record with the same effect as provided in section one of this act, and thereafter all arrearages returned to said office after the passage of this act, and all collections and reductions made thereon shall be entered in said ledger arrearage books.
§ 4. For the purpose of carrying out the provisions of this act and Money defraying the necessary expenses which shall be incurred in prosecut- borrowed ing the work herein authorized during the year eighteen hundred and to carry eighty-two, the comptroller of the city of Brooklyn may, under the provisions authorization of the common council of said city, borrow from time to time, as shall be requisite, upon the faith and credit of the city of Brooklyn, such moneys as shall be needful for that purpose, not exceed. ing the sum of thirty thousand dollars, and shall issue the corporate bonds of said city therefor. Such bonds shall be designated “arrearages compilation bonds,” and be signed by the mayor, comptroller and city clerk of said city, shall be issued in such denominations as said comptroller shall direct, and be made payable to the amount of fifteen thousand dollars two years after the date of issue, and the residue three years after the date of issue, with interest at a rate not exceeding five per centum per annum, to be paid semi-annually. Said bonds shall be sold by the comptroller, as provided by law, but not at less than their par value.
§ 5. To provide for the payment of said bonds authorized by section Tax levy.
of this act, etc.
four of this act, there shall be raised in the tax levy of the city of Brooklyn for the year eighteen hundred and eighty-three, a sum suffi. cient for the payment at maturity of the bonds first payable under said section, and in the tax levy of said city for the year eighteen hundred and eighty-four a sum sufficient for the payment of the residue of said
bonds at maturity. Expense $ 6. If the mayor shall approve of and authorize the copying of said bookpying books as provided in section three of this act, the comptroller of the .
city of Brooklyn is authorized and directed to provide for and pay the expense thereof hy borrowing, upon the faith and credit of said city, such sum as shall be requisite for that purpose, not exceeding“ fifteen thousand dollars, and shall issue therefor a further amount of " arrearage compilation bonds” in the manner provided in section four of this act, which shall be made payable four years after the date of issue, and a sum sufficient for the payment thereof at maturity shall be raised in the tax levy of the city of Brooklyn for the year eight* hundred and eighty-five, and applied to that purpose.
87. This act shall take effect immediately.
AN ACT to amend chapter two hundred of the laws of eigh
teen hundr-d and thirty-five, entitled "An act to incorporate the village of Angelica," and the several amendments thereto.
PASSED April 28, 1882; 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 of the laws of eighteen hundred and thirty-five, entitled “An act to incorporate the village of Angelica,” and the several amendments thereto, are hereby amended so as to read as follows:
$ 2. The territory comprised within the following limits shall constitute the village of Angelica : All that tract of land in the town of Angelica and county of Allegany, beginning at a point on the north side of the highway, three chains and twenty links cast of the southcast corner of the cemetery, running thence north, five degrees east, sixty chains and fifty links to an elm stake on the commons road; thence north, eighty-five degrees west, one hundred and forty-one chains and fifty-three links to an iron wood-stake* on the lands of Thompson Shwart; thence south, five degrees west, ninety-six chains and eighty-five links to an iron wood-stake* on the lands of Michael Mehan; thence south, eighty-five degrees cast, one hundred and fortyone chains and fifty-three links to an elm stake on the lands of James Benham; thence north, five degrees east, thirty-six chains and thirtyfive links to the place of beginning. And the inhabitants residing therein are hereby constituted and declared a body politic and corporate by the name of “ The village of Angelica," and by that name they and their successors shall have perpetual succession; and said corporation is hereby declared to be invested with and in possession of the estate, real and personal, rights, privileges and immunities which (at the time of the passage of this act) appertain and belong to the said
* So in original.
village of Angelica. Said corporation shall be capable of suing and being sued, complaining and defending in any court, make and use a common seal, and alter the same at pleasure, and to purehase, rent, take, hold, lease and convey such real and personal estate as the purpose of said corporation shall require.
OFFICERS, THEIR QUALIFICATIONS, ELECTIONS, ETC. 83. The officers of said village shall be a president, five trustees, a Oficers. clerk, three assessors, a street commissioner, a collector, a treasurer, a police justice, a village constable, and as many firewardens as the trustees shall think proper to appoint, a pound-master, all of whom shall be electors of said village, duly qualified to vote for member of assembly therein. And no person shall be eligible as president or trustee unless owning property liable to be assessed for the expenditures of the village, and their respective offices shall be vacated by their ceasing to be residents of said village.
§ 4. The said president, trustees, collector and assessors shall be Elective elected by ballot at the annual meeting of the electors for the choice officers. of officers of said village.
$5. The clerk, street commissioner, treasurer, police justice, village Appointconstable, pound-master and firewardens of said village shall be ap- ive office. pointed by the trustees thereof, by ballot, and shall hold their respectire offices until the annual election of trustees next after their appointment, and until their successors are appointed and qualified, urrless sooner removed from office by the trustees, as hereinafter prorided. The constable shall have the same powers in the execution of process as a peace officer or constables elected in towns in said county.
$ 6. The annual election for the choice of officers in said village Annual shall be held on the second Tuesday of May in the year eighteen hun- election. dred and eighty-two, and on the second Tuesday of March in each and every year thereafter, at such convenient place in such village as shall be designated by the trustees, and of which they shall cause six days' prerious notice to be given, through the clerk, by posting either printed or written notices in at least five public places in said village, or by inserting the same in one or more newspapers published in said village, or by both such publication or posting, as the trustees shall direct. The president and any two trustees of said village shall be inspectors of election. The president shall preside, and the clerk of said village shall keep a poll-list of the votes given at any election; they shall provide one ballot-box, and each ballot shall contain the names of all the persons
voted for by any elector. $7. The polls of each election shall be opened at ten o'clock in the Polls. forenoon of the day for which it is appointed to be held, and be kept open without intermission or adjournment until four o'clock in the afternoon of the same day, when they shall be finally closed ; and the said board shall forth with, without adjourning, canvass the votes given thereat, shall openly declare the result, and shall make and subscribe a certificate of such canvass, which shall show the whole number of Totes given, the number given for each person voted for, and the office for which he shall have been voted for; which certificate shall be recorded in the records of said village and filed in the office of the clerk thereof.
$ 8. At the annual election for the choice of officers in said village Election of on the second Tuesday of March, eighteen hundred and eighty-three, three trustees shall be elected, whose term of office shall expire on the
second Tuesday of March, eighteen hundred and eighty-four, and two trustees shall be elected, whose term of office shall expire on the second Tuesday of March, eighteen hundred and eighty-five. At the annual election in eighteen hundred and eighty-four, and at every annual election thereafter, any vacancy caused by the expiration of the term of any trustee shall be filled by election for the term of two years, and any vacancy in the office of trustee, caused other than by the expiration of a term, shall be filled by election for the unexpired portion of such term. At the annual election for the choice of officers in said village on the second Tuesday of March, eighteen hundred and eighty-three, one assessor shall be elected, wliose term of office shall expire on the second Tuesday of March, eighteen hundred and eighty-four, and one assessor shall be elected, whose term of office shall expire on the second Tuesday of March, eighteen hundred and eighty-five, and one assessor shall be elected, whose term of office shall expire on the second Tuesday of March, eighteen hundred and eighty-six. At the annual election in eighteen hundred and eighty-four, and at every annual election thereafter, any vacancy cansed by the expiration of the term of any assessor shall be filled by election for the term of tlrreo years; and any vacancy in the office of assessor, caused other than by the expiration of a term, shall be filled by the trustees, in the manner provided in subdivision two of section seventeen of this act. Such appointment to be made, to fill such vacancy, until the next annual election, at which time the vacancy shall be filled by election for the unexpired pro
tion of such term. All other elective officers shall be elected for the Qualifica- term of one year. Every elector qualified to vote for town o licers in
the town of Angelica, and residing in suid village, may vote for all the oflicers to be chosen at each village election, but no person shall vote upon any proposition to raise a tax or appropriate the same, or purchase property, unless he shall, at the time, bo liable to be assessed for such tax in his own right, or in the right of his wife. The persons eligible and having the greatest number of votes shall be declared elected; and if two or more shall have the greatest number of votes, shall be declared elected ; and if two or more shall have the greatest, and an equal number of votes, the officers presiding at the election shall forth with determine, by lot, which shall be elected; and in such case the fact
shall be stated in the certificate of the result made by said officers. Notice of § 9. Every person elected at any such election wiose name shall be olestion to entered as a voter on the poll list kept thereat shall be deemed to be elected. notified of his election by the declaration of the result by the presid
ing officers ; and every person so elected whose name shall not be so entered shall be notified of his election by the clerk of said village within three days thereafter.
tions of electors.
OATH OF OFFICERS, VACANCIES, AND HOW FILLED, 8 10. Every officer elected in said village, or who shall be appointed to any office therein under this act, shall, within five days after he shall be notified of his election or appointment, take and subscribe the oath of office prescribed by the constitution of this state, and file the same with the clerk of said village ; and in case of his omission to do so, he shall be deemed to have refused to serve and his place shall be
deemed vacant, and filled in the manner prescribed by this act. Vacancies § 11. When the office of more than two of the trustees shall be in office of vacant, the clerk shall give notice of a meeting of the electors of such
village to fill the vacancies and any other that may then exist, in any of the elective offices of said village, which shall be specified in said notice ; such notice shall be given in the same manner, and for the same length of time previous to such election, as is herein provided respecting the annual election. The same officers shall act as inspectors of such election, and the same shall be conducted and the result ascertained and declared in the same manner as the annual election.
$ 12. All appointments to office by the trustees to fill vacancies, or Warrant otherwise, under this act, shall be by warrant under the corporate seal of appointand signed by the president or presiding officer and clerk; and all office. officers whose appointment is given to the trustees by this act may be removed from office by them at their pleasure.
§ 13. In case of the absence of the president and clerk, or of eithe: Pro of them, from any meeting of the electors of said village, called in pur- appointe suance of the provisions of this act, or from any meeting of the trus- ments. tees where their services are required, the trustees may, by resolution, to be entered in the minutes of their proceedings, designate some proper person to perform the duties of these officers, or of either of them, for the time being.
CERTAIN OFFICERS TO GIVE BONDS. § 14. The treasurer, street commissioner and collector of taxes shall oficial severally, before they enter upon the duties of their respective offices, bonds. execute and file with the clerk of said village a bond to the said village, in its corporate name, in such sum, and with such sureties, not less than two, as the board of trustees by resolution shall approve, conditioned that they shall faithfully execute the duties of their re spective offices, and account for and pay over all the moneys receiver. by them respectively.
$ 15. Every person appointed to the office of constable of said vil- Ibid. lage shall, before he enters upon the duties of his office, with two or more sureties, execute and acknowledge an instrument in writing to be approved by resolution of the board of trustees and filed with the clerk, by which such constable and his sureties shall jointly and sererally agree to pay to each and every person who may be entitled thereto all such sums of money as the said constable may be liable to pay by reason of or on account of any execution which shall be delivered to him for collection. An action thereon may be brought and maintained, in the name of the person or persons entitled to the moneys to be collected, by virtue of such instrument in case of any breach thereof.
DUTIES OF OFFICERS. $ 16. The president shall preside at all meetings of the electors of Duties of said village, when assembled, pursuant to any of the provisions of this the
president. act, and at all the meetings of the trustees thereof when present; he shall call a special meeting of the trustees when, in his opinion, the interest of the village shall require, or whenever he shall be requested to do so by two or more of the trustees ; he shall take care that all the laws relating to said village and the by-laws, ordinances, rules and regulations which shall from time to time be enacted, shall be faithfully executed; he shall prosecute in the corporate name, and for the use of said village, for all penalties and forfeitures incurred by any violation of such laws, by-laws, ordinances, rules or regulations; and he shall perform such other duties as shall from time to time be imposed