given, and thereof. shall remain unpaid for the space of sixty days after the warrant for the collection thereof shall have been delivered to the said receiver of taxes and assessments, and shall be returned unpaid by said receiver, the trustees are hereby authorized to cause the pieces or parcels of land subject to such assessments to be sold at public auction by the treasurer of the village, for a term of years, for the payment of the assessment imposed thereon with the interest, and a penalty of five per cent. for Notice of the non-payment thereof; and the treasurer of said village shall, when sale, how directed by said trustees to sell the same, give three weeks' public contents notice of the time and place of such sale, by advertising the same in a newspaper published in said village, which notice shall contain a brief description of the premises to be sold by the numbers of the lots or parcels of land as laid down upon the map of such improvement made under the direction of the commissioners of estimate and assessment, together with the amount of such assessment, the rate of interest thereon, and the time from which such interest shall be computed, the expense of advertising the same as fixed and limited by the board of trustees, and which shall not exceed two dollars for each lot, and the names of the owner or owners of the lots to be sold, as the same are Proceed- contained in the commissioners' report. The proceedings shall be disings to be continued as to any or either of the lots so advertised at any time before the sale, on payment to the treasurer of the amount of such assessment with interest and percentage thereon, and the expense of advertising the same. At the time and place specified in said notice, or at any time or place to which the sale shall be adjourned, the treasurer Sale to be shall proceed to sell by public auction, the lots or parcels of land on at public which such assessment shall have been imposed, for the lowest term of years, for which any person will take the same, and pay the amount of such assessment with the interest and percentage thereon and the expense of advertising the same, together with the sum of two dollars. on each lot or parcel sold, for the treasurer's fees in attending such sale. Treasurer The treasurer may proceed until all such lots are sold, or may adjourn may ad- said sale from day to day, or for any period not exceeding four weeks for any one adjournment; provided, he shall not be prohibited from so Notice of doing by the trustees; but in case of an adjournment for one week or adjourn longer, a notice thereof shall be published once in each week in the village newspaper, and such treasurer may resell any lot bid off at any sale, for which the purchase-money shall not be paid, on his tendering to the purchaser a certificate of such sale. discontin ued on payment. auction. journ sale. ment. Certifi sale, treas sue. Contents § 39. Certificates of such sale shall be issued by said treasurer to the purchasers of the lots sold by him at such sale, which certificates shall urer to is be signed by the treasurer and president of the village, under the corporate seal thereof, and shall set forth briefly the facts and circumstances of such sale, and the time at which the purchaser holding the same, or his assigns, will be entitled to a lease of said premises. Said certificate shall be delivered to the purchaser, and shall be presumptive evidence of the facts therein stated and of the regularity of such assessment and sale. of. Redemption. § 40. Any owner or mortgagee of the premises so sold, or any other persons interested in said premises, may redeem the same from such sale at any time within one year thereafter, or at any time within six months after notice shall have been given, as required by the next section, by paying to the treasurer for the use of the purchaser, the amount for which such premises shall have been sold, with interest Notice of thereon at the rate of fourteen per cent. per annum from the time of redemp such sale, and the treasurer shall forthwith give notice of such redemp tion. tion to the purchaser, or to such of his assigns as shall have given notice to the treasurer of their assignment who shall be entitled to receive such redemption money on delivery of their certificates of sale. to owner, gee, etc. § 41. No owner whose deed, or, in case he holds said property by Notice by descent or devise, the deed of whose ancestor or devisor shall have been purchaser recorded in the office of the register of Westchester county before such mortga sale; and no mortgagee, lessee or assignee of either, whose mortgage, lease or assignment shall have been so recorded, shall be divested of his right in such property by virtue of such sale, unless six months' notice, in writing, of such sale, shall have been given by the purchaser, or those claiming under him, to such owner, mortgagee, lessee or assignee, personally, if a resident of said village, or, if not such resident, then by depositing the same in the post-office in said village, directed to said owner, mortgagee, lessee or assignee, at his place of residence, as stated in his deed, lease, mortgage or assignment. er, when to. cuted-its § 42. On presenting to the village treasurer an affidavit of the service Lease, of the notice or notices required by the preceding section, the purchaser purchasof any lot at any such sale for assessments, or the assignees of any pur- entitled chaser whose assignment shall be presented to such treasurer, or the other legal representatives of such purchaser or assignee, shall be entitled to a lease of the premises so sold (if the same shall not have been redeemed from such sale), for the term of years for which the same were sold. Such lease shall be executed by the president and treasurer of Lease, such village, under the corporate seal thereof, and shall state, briefly, the how exe fact of such sale and notice, and that the property has not been redeemed, contents. and shall be presumptive evidence of the facts therein stated, and of the regularity of such assessment and sale; and the lessee named in Lessee ensuch lease, his representatives and assigns, shall be entitled as against possession all persons whomsoever to the possession of the premises therein de- may obscribed, and the rents, issues and profits thereof, for and during the term summary of years for which said premises were sold; and shall be entitled to proceed obtain possession thereof by summary proceedings, in the same manner as is provided by law for the removal of persons who hold over or continue in possession of real estate sold by virtue of an execution against them. Each purchaser, or his representatives, shall be required to pay Fee for three dollars for the expense of drawing such lease, to be paid on the drawing delivery thereof. titled to tain it by ings. lease. to bid in village. tion. § 43. It shall be the duty of such treasurer, at any sale of lands for When assessments imposed by or under any of the provisions of this act, to treasurer bid in for and on behalf of the village of Portchester, every lot or par- lands for cel of land put up at such sale for which no person shall offer to bid; and certificates of such sale shall be made to said village in the manner and form herein before prescribed for certificates of sale to purchasers; and all such purchases on behalf of the village shall be subject to the Right of same rights of redemption as purchase by individuals; and the presi- redemp dent and treasurer of the village, when authorized and directed by the trustees, shall have the right to sell and assign any certificate of sale, on Certificate receiving the purchase-money and interest, at the rate of fourteen per of be cent. per annum; and, if the lands so sold shall not be redeemed or if assigned. the certificate of sale issued to the village, shall not have been assigned, the said village shall be entitled to a lease for the lands so bid in, such Lease to lease to be made in the form and manner herein before prescribed for village. lands sold to individuals; and said village, or its assigns, shall have the same right, under and by virtue of said certificate of sale and lease, as an individual purchaser would have, and may hold and occupy the lands; sale may Certifi indebted treasurer How exe. cuted. and the trustees may let or lease said premises, or sell and assign said lease, as in their discretion may be for the benefit of the village. § 44. To provide the money required to pay for the parcels of land cates of bid in and purchased for the village under and pursuant to the proviness, pres- sions of this act, the president and treasurer of said village are authorident and ized and directed to issue from time to time certificates of indebtedness may issue. for and on behalf of said village for the amount of such purchases, which shall be called assessment certificates, and shall bear interest not exceeding the rate of seven per cent. per annum, and be payable at the office of the treasurer at some date not longer than three years from the time when the same are issued. They shall be signed by the president and treasurer, and countersigned by the village clerk, under the seal of the village, and shall be binding upon said village and the property thereof until the same shall be paid. The amounts received for redemption of lots or parcels bid off to said village, shall be applied by the demption treasurer to the payment of such certificates, and if the amounts so received shall be insufficient to meet said assessments and the interest thereon, as the same become due, other assessment certificates shall be issued in like manner and form, and with like effect to meet such deficiency. Amount received on re of lots, how ap plied. Record of sales, treasurer Words collector § 45. The treasurer shall keep a record of all sales made by him, of all certificates issued therefor, of all redemptions from such sales, and of all notices of assignments received by him, and of all leases given for property remaining unredeemed, which record shall, under the supervision of said treasurer and the board of trustees, remain always open for the inspection of the public, and he shall in like manner keep a record of all certificates of indebtedness issued under any of the provisions of this act, and of all re-issues thereof, and of all certificates paid by him; and shall report concerning the same whenever required by the board of trustees. § 13. Section thirteen of title seven of said act is hereby repealed. §14. Wherever the words collector or collectors of taxes or assessments are used in the act hereby amended, the same shall be construed ors of tax- to mean, and shall read receiver of taxes and assessments of the town ing of, in of Rye and village of Portchester. or collect es, mean act amended. Provisions applica § 15. The provisions of this act shall apply to all proceedings for the collection and recovery of any and all taxes or assessments heretofore of this act, confirmed under and pursuant to any of the provisions of the act hereby amended; and all sales for assessments heretofore confirmed in said village shall be made and conducted in conformity to the provisions of this act, and shall be subject in all respects to the provisions hereof. tion of. Chap. 246. AN ACT to amend chapter ninety-seven of the laws of eighteen hundred and seventy-five, entitled "An act providing for the forfeiture of property in certain cases." Passed May 4, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The second section of chapter ninety-seven of the laws of eighteen hundred and seventy-five, entitled "An act providing for the forfeiture of property in certain cases," is hereby amended so as to read as follows: officer taking of ani § 2. The officer, after taking possession of such animals, or imple- Duty of ments, or other property, pursuant to the preceding section, shall apply or to the magistrate before whom complaint is made against the offender possession violating such provision of law, for the order next hereinafter men- fa tioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place Duty of the same in the custody of an officer or other proper person in such magis order named and designated, to be by him 'kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district attorney of the county. The officer or person so named and designated in such order, shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender, the Judgment animals, implements or other property, shall be adjudged by the of forfeit court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, such court shall on demand, direct the delivery of the property so held in custody to the owner thereof. § 2. This act shall take effect immediately. Chap. 247. AN ACT in relation to the election of village officers in Passed May 5, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Hereafter the election for all officers to be chosen by the electors under the charter of the village of Geneva, Ontario county, shall be held on the first Monday of February in each year, and the several polls for such election shall be open at eight o'clock in the morning, and continue open without intermission until sundown, when they shall be closed. trate. ure. Coroners, sation of. Chap. 248. AN ACT in relation to coroners' fees and post-mortem examinations in Erie county. Passed May 6, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of supervisors of Erie county shall, at its next compen annual meeting, and from time to time thereafter, fix and regulate the compensation of coroners in Erie county, for all services done and performed by them, except when acting as, or in the place of, the sheriff of said county, and which compensation shall not, in the case of any coroner residing in the city of Buffalo, at the time of his election, and during his term of office, exceed the sum of two thousand dollars per annum, and not exceeding two in number, and of any coroner not residing in the city of Buffalo at the time of his election, shall not exceed the sum of five hundred dollars per annum, which compensation shall not be increased during the term of office of such coroner, and shall be in lieu of all fees or mileage for said services. Physi cians to attend post mor tem examina § 2. The said board of supervisors shall also have power to appoint, at their annual session, in each and every year, two physicians of good standing and properly qualified, to attend any and all post-mortem examinations held by any of said coroners, whenever required by the tions, ap. coroner holding such examination, and said board shall fix the compensation of said physicians, and when fixed shall not be changed during the year for which said physicians were appointed; and no other bill or account for post-mortem services of physicians shall be audited or allowed by said board after the appointment of said physicians, except as provided in the next section." pointment of. Compen § 3. The said compensation for said physicians shall be audited at sation of. each annual session of the board of supervisors, on the sworn statement of said physicians as to the services rendered, and in case said physicians, or either of them, neglect or refuse to attend any post-mortem examination when required by the coroner holding the same; or attending, shall refuse to make such examination, said coroner may call upon any other competent physician to perform the duties of said post-mortem physician, in that case or examination, and the said coroner shall make a return of said matter under oath to the board of supervisors at their next annual session, and thereupon the board of supervisors may audit and allow a proper and reasonable sum to said physician so called upon for his said services, and whatever sum or sums shall be so ordered audited and allowed, shall be deducted and kept from the amount otherwise payable to such post-mortem physician. Supervi sors, action of confirmed. § 4. The action of the board of supervisors at their annual session, in the year eighteen hundred and seventy-four, in relation to the salaries of the coroners of said county so far as applicable to the present year, and to the appointment of two post-mortem physicians, is hereby ratified and confirmed. § 5. This act shall take effect immediately. |