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to be retained
supervisors the proper descriptions of which shall not be furnished on or before the first day of June, annually, shall be charged to the town where the same exists, and the board of supervisors, at its next succeeding annual session, shall levy the amount thereof upon such town
as deficiencies therein. No com- § 4. No commission shall be allowed by the county treasurer upon inissions allowed,
taxes returned to him uncollected by the collectors in the several towns, but five per but such treasurer may add five per cent to the amount thereof to be
retained by him for the benefit and credit of the county. for county.
§ 5. Whenever any tax charged on real estate returned to the county Lands to be sold for treasurer, and the interest at the rate of twelve per cent per annum to taxes, etc. be computed from the first day of March, when such tax was payable,
together with the fees thereon, shall remain unpaid for four months succeeding the said first of March, the county treasurer shall proceed to advertise and sell such real estate in the manner herein provided for the payment of such tax, fees and interest, and the expenses of procuring description, publiehing notices, and of conducting the sale, which shall
be a charge on the lands sold, and shall be added to the other charges Correction thereon. Should any errors be discovered in the description of the
land so assessed and taxed, the said treasurer may correct the same at any time previous to the sale. In the event that the same land shall be twice assessed and taxed, and the taxes thereon once paid, the treasurer shall return one of such amounts to the board of supervisors,
who shall provide for the deficiency arising therefrom. Notice of § 6. The said county treasurer shall, immediately after the expira
tion of the aforesaid four months, cause to be published once in cach week in two newspapers of the village of Norwich, for six weeks, a list or statement of the real estate charged with such tax, fees and interest, and so liable to be sold, and also, a notice that the said real estate will, on a day at the expiration of six weeks to be specified in such notice, and the succeeding days, be sold at public auction at the court-house in said county, to discharge the taxes, fees, interest and expenses aforesaid which may be due thereon at the time of sale. On the day mentioned in the said notice, the county treasurer shall com
mence the sale of such real estate, and he shall continue the sale from Purchase day to day until such parcels shall be disposed of. In case 110 bid to
the extent of the tax and charges thereon shall be received for any county. piece or lot of land so offered, the said treasurer may purchase the
same for and in behalf of the county of Chenango, and he may sub
sequently transfer the certificate of the same to any person who will Transfer of pay the amount chargeable thereon. All lands purchased by the
treasurer, for and in behalf of the county, the certificates of which are to towns.
not sold and assigned within one year subsequent to the last day of such annual sale, shall, with the interest thereon, be charged to the respective towns the amounts thereof levied upon the taxable property therein, and said certificates assigned to such towns. If such certifi. cates shall not be sold or redeemed subseqnent to such assignment, such towns shall be entitled to a deed therefor, which shall have the
same effect and become absolute in the same manner on the performCharges ance of like conditions, as in the case of sales to individuals. The for publi- charges for publishing the notices provided in this section, to be
mutually agreed upon, shall not exceed two dollars to each newspaper for publishing the description of each piece of land contained in said notices.
$ 7. The purchasers at such sale shall pay the amounts of their reto be paid. spective bids to the county treasurer within forty-eight hours after the
by treas. urer for
When towns entitled to deeds.
sale; and after such payment shall have been made, the said treasurer Certinshall give to the purchaser of any such real estate a certificate de- cates of scribing the real estate purchased and the sum paid, and such pur- rights of chaser or his legal representatives or assigns may, immediately upon ers, etc. receiving said certificate, by virtue thereof, and of this act, lawfully possess, hold and enjoy for his and their own proper use, and the use and benefit of his and their heirs and assigns forever, the real estate described in said certificate, unless redeemed as hereinafter provided; and he may, at any time after the time limited in the eighth section of this act for the redemption of such premises shall have expired, and said premises shall not have been redeemed as therein provided, cause the occupant of such real estate to be removed therefrom, and the possession thereof to be delivered to him in the same manner and by the same proceedings, by and before the same officers, as in the case of a tenant holding over after the expiration of his term without permission of his landlord.
$ 8. The owner of, or any person interested in, any real estate sold Redempfor taxes as aforesaid may redeem the same at any time within one year after the last day of such sale, by paying to the said county treasurer for the use of the purchaser, his heirs and assigns, the sum mentioned in his certificate, and the interest thereon at the rate of twelve per cent per annun, to be computed from the date of such certificate.
$ 9. If such real estate sold for taxes, or any portion thereof, be not Conveyredeemed, as herein provided, the said treasurer shall execute to the ance when purchaser, nis heirs or assigns, a conveyance of the real estate so sold, executed. which shall vest in the grantee an absolute estate in fee. The said treasurer shall be entitled to demand and receive from the purchaser one dollar for preparing such conveyance, for the use and benefit of the county.
$ 10. Every such conveyance shall be executed by the treasurer of How said county of Chenango under his hand and seal, and the execution executed. thereof shall be acknowledged before a proper officer in the same manner as other conveyances of real estate are executed and acknowledged under the laws of the state, and such conveyance shall be conclusive evidence that the sale was regular; and also presumptive evidence that all the previous proceedings were regular according to the provisions of this act.
$ 11. Whenever any purchaser under such sale shall be unable to re- Reimcover possession of the real estate sold to him, by reason of any error or irregularity in the assessment of any person or property, or in the irregulevying of a tax, or in any proceedings for the collection of any tax, larity, etc. the board of supervisors of said county shall reimburse the purchasemoney and expenses so paid, with interest, the same to be presented and audited as other county charges, and by them to be charged to and levied upon the town where the irregularity arises.
$ 12. All powers which are conferred upon the comptroller of this Powers state in relation to the cancellation of a tax which shall have been paid to a collector; the prepayment* of any tax collected more than once ; urer. the payment of a part of the tax on land by any person claiming á part of such land; the redemption of land sold for taxes by the persons claiming an undivided share, or a specified part thereof; the effect of sach redemption reducing the land to be conveyed ; the effect of any such sale of land for taxes upon the lien of any mortgage thereon ; the
bursement in case of
conferred on treas
* So in original.
Notice to occupants.
right of a mortgagee to redeem; the consequence of neglect to do so after notice, and the lien of the mortgagee for the amount paid on such redemption; the authority to withhold conveyances when it shall be discovered that any sale of land for taxes was ineffectual to convey a title, and to refund the purchase money and interest to the purchaser are hereby conferred, so far as relates to the county of Chenango, upon the treasurer thereof.
§ 13. In every case where the collectors of the towns in said county shall have been discharged from liability on account of any uncollected taxes returned by them to the said treasurer, the county treasurer may maintain an action for the recovery of the amount so remaining unpaid and uncollected with interest at the rate of twelve per cent per annum, to be computed from the first day of March, when the said tax was payable, in his name of office, against the person, firm or corporation liable for such tax, or the representative of such person, firm or corporation, in any court of competent jurisdiction, in which the proceedings, costs, judgments and executions shall be the same, and with like effect as in actions with other public officers and individuals ; and the amount collected shall be applied in the same manner as it paid to the county treasurer by the collectors of said towns. Nothing in this section contained shall be construed to repeal or abridge any
powers now had by officers for the collection of taxes in said town. Conflict- $ 14. All acts or parts of acts inconsistent or in conflict with this ing acts repealed.
act, so far as the same do conflict and relating to the county of Chenango, are hereby repealed.
§ 15. When any lot or piece of land sold for taxes by the treasurer shall, after the expiration of six months from the last day of the annual sale therefor, be in the actual occupation of any person as a residence, the purchaser, or the person claiming under him, shall serve a written or printed notice on such occupant, or by leaving such notice at the dwelling thereof with some person of suitable age, or by affixing such notice upon the outer door of such dwelling, or if such land shall not be occupied, as aforesaid, such notice shall be published in one of the newspapers published in the village of Norwich once in each week for three weeks, stating in substance the sale of such lands, the person to whom made, and the amount for which the same was sold, stating the time when the purchaser thereof will be entitled to receive a deed, and stating also that unless the said amount and the interest thereon is paid to the county treasurer within one year from the last day of such annual sale the same will become absolute, and the owner or other persons interested in said lands will be forever barred from all right or title thereto, and no other notice, either by the county treasurer, or
by the holder of the certificate of any sale, or by any other person, Expenses shall be necessary or required. In case any of the lands so sold shall
be redeemed therefrom subsequent to service of notice, the expenses of
advertising and service of the notice herein provided, and any taxes required
upon lands so sold which may be assessed upon and paid by the purchasers, or assignees of such purchasers, between the time of the sale and redemption thereof shall, with interest, paid at the rate provided by this act, be added to the amount otherwise required to be paid for
such redemption. Notice, $ 16. Such notice, with the proof of the service thereof, shall be exexhibited hibited to said treasurer previous to his issuing the deed of the prem
ises so described, and the proof of the service of such notice shall be recorded with such conveyance.
What to contain.
to be added to amount
$ 17. The county treasurer shall not issue deeds to persons entitled when thereto, until at least thirty days subsequent to the service of notice deeds to herein provided.
§ 18. This act shall take effect immediately.
AN ACT to release and convey to Dorothy Doetsch, formerly
Dorothy Koster, the interest of the people of the State of New York in certain real estate in the town of Cheektowaga, in the county of Erie.
PASSED April 5, 1882; by a two-thirds vote.* The People of the State of New York, represented in Senate and Assanbly, do enact as follows :
SECTION 1. All the estate, right, title, interest and property of the Interest of people of the State of New York, acquired by escheat upon the death of the state Peter Koster late of the town of Cheektowaga, Erie county, New York, deceased, in and to certain real property, situate in the said town of Cheektowaga, and known as the middle one-third of lot number seventy in the tenth township and seventh range of townships part of the Buffalo Creek Reservation and fully described in a deed from Francis Binder and wife to said Peter Koster, dated September twentysecond, eighteen hundred and fifty-four and recorded in Erie county clerk's office in liber one hundred and fifty-three of deeds at page two hundred and sixty, October seventh, eighteen hundred and fifty-four, containing seventeen and sixteen one-hundredths acres more or less, and also lot number eighty-one in the tenth township and seventh range of townships in the Buffalo Creek Reservation, and more fully described in a deed from Anson Sanford and wife to said Peter Koster, dated December eighteenth, eighteen hundred and forty-six, and recorded in Erie county clerk's office in liber eighty-one of deeds at page one hun. dred December twenty-six, eighteen hundred and forty-six containing about thirty-two and one half acres, and also lots number seventy-one and eighty in the tenth township and seventh range of townships in the Buffalo Creek reservation, and more fully described in a deed from Eli B. Smith and wife to said Peter Koster, dated September third, eighteen hundred and sixty-four, and recorded in Erie county clerks office in liber two hundred and thirty-six of deeds at page one hundred and fifty, September tenth, eighteen hundred and sixty-four, containing about sixty-four and sixty-five one-hundredths acres, are hereby released, granted and conveyed to Dorothy Doetsch, formerly Dorothy Koster of the said town of Cheektowaga, widow of said Peter Koster deceased, her heirs, executors and assigns forever.
§ 2. Nothing in this acts shall be held or construed to affect the Not to imright, title, interest, or demand, of any heir at law, capable of inher- pair vested
rights. iting, devisee, grantee, or vender, f or of any creditor by mortgage or otherwise.
§ 3. This act shall take effect immediately. *Not returned by the Governor within ten days after it was presented to him and became a law without his signature, April 5, 1882. + So in original.
AN ACT to release and grant the nterest of the people of the
State of New York in certain real estate in the city and county of New York to Robert Lawson.
PASSED April 6, 1882; by a two-thirds vote.* The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Interest of SECTION 1. All the estate, right, title, interest and property, of the feleased. people of this State, acquired by escheat on the death of Joseph Brown,
formerly of the city of New York, in and to the following described lands and premises, is hereby released and granted to Robert Lawson of said city of New York, his heirs and assigns forever: all those certain lots, pieces or parcels of land with the buildings and improve
ients thereon, erected, situate, lying and being in the first ward of the city of New York, on the northerly side of South William street, and now, and for many years heretofore, known and distinguished by the street numbers four and six South William street, and as now in possession bounded and described as follows : beginning at a point on the northerly line or side of said South William street distant one hundred and thirteen feet one inch westerly from the point where the southerly line of Beaver street and the northerly line of South William street would intersect if said lines were continued as straight lines and running thence northerly and partly along land of Delmonico and partly along land of Zabriskie, fifty-five feet nine inches to other land of Zabriskie, thence westerly and along land of Zabriskie thirty-one feet six inches to land late of Thomas Barron; thence southerly along said land late of Thomas Barron sixty-three feet ten inches to the said northerly side of South William street; and thence easterly along said northerly side at South William street thirty-six feet ten inches to the point or place of beginning. Said premises being a part of the same which were conveyed to the said Joseph Brown by Charles B. Moore, master in chancery, by deed dated September thirtieth, eighteen hundred and thirty seven, and recorded in the register's office of the city and county of New York in liber three hundred and seventy-nine of conveyances page four hundred and eighty-five, October fourth, eighteen hundred and thirty-seven; and also being the same premises mentioned and described in a certain mortgage made by said Joseph Brown to the Manhattan Fire Insurance Company, dated June fourteenth, eighteen hundred and fifty-two and recorded in said register's office in liber four hundred and ten of mortgages page two hundred and seventy-four, June fourteenth, eighteen hundred and fifty-two.
$ 2. Nothing herein contained shall affect the right, title, claim or inpair tested terest of any person in and to said premises'as heir at law, divisee, or granrights.
tee of said Joseph Brown or of any creditor by judgment mortgage or otherwise.
§ 3. This act shall take effect immediately. *Not returned by the Governor within ten days after it was presented to him and became a law without his signature, April 6, 1882.
Not to im