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common council may cause such removals to be made, and such chimneys, flues or other conductors of smoke to be cleaned or such fire escapes to be constructed, and may collect the expense thereof, and ten per centum in addition, from the owner or occupant whose duty it was to have the same removed, cleaned or constructed. The common council may adopt such other regulations for the prevention and suppression of fires as it may deem necessary.
An execution issued upon any judgment recovered by virtue of the provisions of this title, may issue against the property or person of the defendant therein, or botb.
$ 25. Section two hundred and sixty-six is hereby amended so as to read as follows:
$ 266. Upon any criminal warrant duly issued by the police justice Execution or any person legally acting in his stead, any officer authorized to serve inal Tiparthe same may execute such warrant in any part of this state without rants. further indorsement or warrant. The police clerk is hereby authorized to administer the oath upon application for a warrant issuable from the police court.
8 26. This act shall take effect immediately.
AN ACT to amend chapter fifty-one of the laws of eighteen
hundred and fifty-nine, entitled " An act to consolidate and amend the several acts relating to the village of Sherburne and to enlarge the powers of the corporation of said village.”
PASSED May 2, 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 fifty-one of the laws of eighteen hundred and fifty-nine, entitled “ An act to consolidate and amend the several acts relating to the village of Sherburne and to enlarge the powers of the corporation of said village,” is hereby amended by adding to said act the following as section forty-five.
$ 45. In addition to the sums of money authorized to be raised under Not exthis charter it shall be lawful to raise a sum of money sufficient to seedima defray the cost of the survey drawings and report that the water board be raised of said village have caused to be made in view of procuring a water cost of supply for said village, but the sum to be raised under this section shall surveys, not exceed two hundred and fifty dollars.
§ 2. This act shall take effect immediately.
AN ACT to confirm and legalize certain acts of the trustees of the First Baptist church of Wilson, Niagara county.
PASSED May 2, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. All sales and conveyances of real estate, made and exe- Sales cated to and by the trustees of the First Baptist church of Wilson, ratifled
and con- Niagara county, prior to the eighteenth day of October, eighteen hunconfirmed. dred and eighty-one, are hereby in all respects ratified and confirmed,
provided that nothing herein contained shall affect any action now pending, or impair any intermediate right acquired by lien or otherwise in and to the property affected by any of said conveyances.
82. This act shall take effect immediately.
AN ACT to amend chapter three hundred and sixty-five of
the laws of eighteen hundred and sixty-five, entitled “An act to incorporate the city of Lockport,” and the several acts amendatory thereof.
PASSED May 3, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section twenty-two of title nine of chapter three hundred and sixty-five of the laws of eighteen hundred and sixty-five, entitled “ An act to incorporate the city of Lockport," and the several
acts amendatory thereof is hereby amended so as to read as follows: Appeals
$ 22. Any appeal' taken in pursuance of sections twenty or twentyone of this title must be brought within the time in said sections limited, by the service upon the mayor or clerk of said city of a notice of appeal, in writing, stating the grounds upon which the appeal is founded, and by the appellant giving to the city and filing with the clerk thereof an undertaking in a sum and with sureties approved by the county judge of Niagara county, conditioned that if the appeal be dismissed, or the proceeding appealed from be affirmed, the appellant will pay to the city, for the benefit of the parties interested, all costs and damages which may be sustained in consequence of said appeal,
not exceeding the sum stated in such undertaking, and the common Common council of said city shall thereupon, and within twenty days after the councilto service of such notice and filing of such undertaking, cause to be made
and filed in the clerk's office of the county of Niagara a return, setting appeal.
forth, fully and at large, all the proceedings of said council, or of any officer of said city, and all petitions, papers and other documents relating to the ordinance, assessment, or order appealed from, or relating or pertinent to any or all the questions involved in such appeal. The return may be compelled by attachment. If the return be defective the appellate court may direct a further or amended return as often as it may be necessary, and may compel a compliance with its order by attachment, and the court shall always be deemed open for the purpose of moving for or ordering such amended or further return.
8 2. Title nine of said chapter is further amended by adding thereto
the following sections : Hearing $ 23. After the return is made as in the last preceding section proon appeal. vided the appeal may be brought to a hearing at any term of said
county court, or (if the same has been certified to the supreme court) at a special term of the supreme court held in said county of Niagara, upon notice by either party of not less than eight days; all proceedings upon said appeal shall be had and conducted as nearly as may be in accordance with the provisions of the Code of Civil Procedure and
the rules of practice of said supreme court, except as herein otherwise provided ; and if the appeal be dismissed or the proceedings appealed from affirmed, the appellate court may award to the city against the appellant as costs, all disbursements necessarily incurred by it on said appeal and a sum not exceeding one hundred dollars in addition.
§ 24. Upon the hearing of the appeal the appellate court shall hear Questions and determine all questions as to the legality or regularity of the termined. matter or proceeding appealed from. And if such matter or proceeding appear to be not in accordance with law, or the provisions of this act, said appellate court shall give judgment setting aside, vacating and annulling the same, and the same shall thereafter be held and deemed illegal and invalid; but if such matter or proceedings appear to be in accordance with law and the provisions of this act, said appellate court shall give judgment affirming the same; provided, however, that if an assessment for a local improvement, or any order confirming such assessment, be so vacated and set aside on account of any irregularity in the proceeding or defect in levying the same, it shall be lawful for the common council to cause a new assessment for such improvement to be made and collected in the manner prescribed in title six of this act.
§ 3. Section six of title four of this act is hereby amended so as to read as follows:
$6. The assessors appointed in the said city shall perform all the Duties of duties and possess all the powers conferred by law upon the assessors of the different towns of the state, in and for said city, and shall be subject to all the obligations and perform all the duties specified in this act, in reference to the assessment of property within the said city, for the purpose of levying the taxes imposed or which may be imposed by the common council, as well as by the supervisors of the county of Niagara ; and said assessors, or any one of them, as the common council shall in each case determine, shall make all local assessments ordered by the common council as ordered by them, unless there be no assessor not interested in the local improvement for which such local assessment is made, in which case such local assessment shall be made by a special assessor to be appointed for that purpose by the common council. The assessment-rolls of said city, of which the assessors shall prepare one for each ward, shall be made by the said assessors jointly; all valuations of real property therein set down shall be the joint valuations of said assessors; and each valuation of real property set down on the assessment-rolls of said city shall be made upon one comnion and general principle of valuation, which shall be applied alike to all real property assessed within said city. The assessors shall make Ibib. themselves acquainted with the property assessed, and in all cases where nnacquainted with it, or where changes have occurred affecting its value, they shall personally view the same before setting down its valuation upon the assessment-roll; on completing the assessmentroll, which shall be on or before the first day of August in each year, they shall meet together and leave the assessment-rolls of the respective wards with the clerk of said city; they shall then give notice by posting hand-bills and publishing in the official paper of said city, that the assessment-rolls are completed and left in the city clerk's office, where they may be seen and examined by any person for the next three weeks, and that the assessors will attend during the time specified in such notice, at least two days in each week, specifying the days, at the city clerk's office, to review their assessments in same manner as assessors of towns. Said assessors, or either or any of them, may, at
any meeting thereof authorized or required by this act, require the attendance, aid and advice of the city attorney, in any matter relating to the making of any assessment, or the imposition or collection of any tax under this act, and it is hereby made the duty of said attorney to attend such meetings when so required, and give such aid and advice; and said attorney shall also, at the request of said assessors, or any or either of them, make all necessary searches and investigate and ascertain the title to any and all real estate to be assessed as aforesaid, and he shall give said assessors, or any or either of them, any and all legal aid and advice which said assessors, or any of them, may require in making any assessment under this act. Said attorney shall receive no additional compensation for any service required of him by this section. Upon the return to the city clerk of unpaid and uncollected taxes and assessments, as required by section five of title seven of tbis act, and before causing the publication and sale, directed to be made in said last-named section, it shall be the duty of said assessors to meet together, and with the advice, aid and assistance of said attorney, thoroughly review and consider such returned taxes and assessments, and in case said assessors shall ascertain and determine, by an instrument in writing to be signed by a majority of them and filed with the city clerk, that any of said returned taxes or assessments were illegally assessed for any reason whatever, the taxes and assessments so ascertained to have been illegally assessed shall be omitted from the notice and sale directed to be given and made in said lastnamed section. And it shall be the duty of the assessors to cause the amount of said taxes and assessments so illegally assessed to be legally reassessed to the proper persons respectively, and against the proper real or personal property originally chargeable therewith, and to be collected in the next annual tax thereafter to be raised under the provisions of this act, in all respects in the same manner as other taxes are directed by this act to be assessed and collected.
§ 4. Title ten of said act is amended by adding thereto the following sections:
§ 5. The said city of Lockport shall have power to construct, maintain and regulate water works to supply said city and its inhabitants with water. At the first regular meeting of the common council after the passage of this section, or at some subsequent meeting, and as soon thereafter as may be, it shall be the duty of said common council to appoint, on the nomination of the mayor, in the manner prescribed by section one of title two of this act, three persons, residents and freeholders of said city, to be known as water commissioners of the city of Lockport, one of whom shall hold his said office for the term of one year thereafter, and until his successor shall be appointed and shall qualify; one of whom shall hold his said office for the term of two years thereafter, and until his successor shall be appointed and shall qualify, and one of whom shall hold his said office for the term of three years thereafter, and until his successor shall be appointed and shall qualify; and at the first regular meeting of said common council following the expiration of the term of office of any of said commissioners, or at some subsequent meeting, and as soon thereafter as niay be, it shall be the duty of the common council to appoint, in like manner, one resident and freeholder of said city, as such water commissioner, who shall hold his said office for three years thereafter, and until his successor shall be appointed and shall qualify. In case of a vacancy in the office of any of said water commissioners, occurring by death, resignation or otherwise, such vacancy shall be filled by the
City may construct waterworks. Water commissioners.
Vacancies how to be illed.
appointment, in like manner, of a resident and freeholder of said city, who shall hold his said office for the residue of the unexpired term of his predecessor, and until his successor shall be appointed and shall qualify. Said commissioners shall constitute the water board of the Water city of Lockport. They shall serve without salary or compensation board, from said city. The city clerk of said city shall be ex-officio clerk of said board, and he shall perform the duties of such clerk without additional salary or compensation. Each of said commissioners shall, Official before entering upon the discharge of the duties of his said office, take oath. and file with the city clerk of said city, the oath of office prescribed by the constitution of this state. Any two of said commissivners shall Quorum. constitute a quorum for the transaction of any business that may be brought before said board.
86. The said water board shall have the supervision, management Water and control of the water works, owned or controlled, or which may be baard to hereafter owned or controlled by said city, and their appurtenances, trol of and of the alterations and repairs ordered by the common council of Works. said city to be made upon them. Said board shall have the power and authority, by and with consent of the common council, to enter into contract with any person or corporation for the operation, supervision and management by such corporation, or person, of such water works and their appartenances, and of the alterations and repairs ordered by the common council of said city to be made upon them, for any time not exceeding ten years from the time of entering into such contract. Said water board shall on or before the first day of August in each Annual year, subsequent to the passage of this section, make and present to estimate. the common council an estimate in writing, of the amount deemed by said board to be necessary to be raised to defray the expenses of the operation, supervision and management of such water works and their appurtenances, and the alterations and repairs deemed by said board to be necessary to be made upon them for the year next following the first day of August. The common council shall have the power, and Water it is hereby made the duty of said common council, as soon after the district. passage of this section as may be, to fix and prescribe what shall be known as the water district of said city, and which district shall consist of such territory within said city as the common council shall deem to be benefited by such water works, and said common council shall have power, from time to time, to alter and change said water district and the boundaries thereof, whenever such alteration or change shall be required by any extension, discontinuance or alteration of such water works or any part thereof. The common council shall have the Tax for power in each year to raise by tax a fund to be known as the water water fund of said city ; the amount of such fund so to be raised not to exceed the sum of $5,000, for the purpose of paying the necessary expenses of the operation, supervision and management of said water works and their appurtenances, and the repairs and alterations necessary to be made upon them; which said sum so determined to be raised for that purpose shall be levied and assessed by the assessors of said city upon the taxable property within said water district, and collected, in the same manner, in all respects, as other sums are authorized by the charter of said city to be raised or caused to be raised by the common council. Whenever any extension or alteration of such water works shall be ordered by the common council as a local improvement, the plans and specifications therefor shall be prepared at the request of the common council, by the said commissioners, or any two of them, or by such other person as said water board shall desig