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of this act, shall be a lien upon the real estate upon which they shall be assessed; and whenever a collector shall, upon any warrant for the collection of such taxes, return, upon oath, that he could not, previous to the return day of such warrant, find any property within such village out of which he could collect any such tax, and whenever upon any warrant issued to collect the expenses of making or repairing any sidewalk, or of doing any paving, he shall make a similar return, the trustees may lease the real estate upon which such tax shall have been assessed, or such expenses shall be a lien, or so much thereof as may be necessary to pay such tax or expenses, and the interest thereon, and the costs of advertising and leasing as aforesaid, which costs shall not exceed five dollars, to the person who will, for the use of such real estate, or some part thereof, for the shortest period, not exceeding five years, pay such tax or expenses, interest and costs.

when lease

of real es

tate to be

made.

leasing.

S 12. Section fifty-one of said act is hereby Notice of amended so as to read as follows: The trustees shall give notice of such leasing by publishing the same once in each week, for three successive weeks, in a public newspaper printed in such village, if there be one, and if there be none, by publishing the same as aforesaid, in the newspaper printed nearest to such village, and by posting the same in at least six of the most public places in such village, at least three weeks before such leasing.

dence.

S13. Section fifty-four of said act is hereby of what lease to be amended so as to read as follows: The lease exe- presumptivo evicuted by the trustees shall be presumptive evidence that all the proceedings which terminated in making such lease, from and including the voting of the tax or the directing of the sidewalk to be made or repaired, or the paving to be done, to and including such leasing were legal. Such lessee has the same remedies to obtain possession, if withheld, as a purchaser under an execution on a sheriff's sale after title is perfected.

$ 14. Leases, contracts and other instruments may

be executed when proper, by the president of the village, substantially as follows:

The village of Oneida,

By direction of the trustees.

By A. B., President.

Chap. 924.

AN ACT to provide for making indices of the deeds, mortgages, writings, documents, maps, and so forth, of record in the county of Richmond, and for the payment of the cost and expense thereof, and of the books and materials required for the same.

Passed May 16, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The supervisors of the county of Richmond are hereby authorized and directed to contract with the county clerk of said county to make general indices of all deeds and mortgages now of record in the office of said clerk, and of all other writings, papers, documents and proceedings on file, or of record in said office, of which indices are now kept.

S2. The said county clerk shall be entitled to receive, and the board of supervisors of Richmond county are authorized and directed to pay to him for the services which may be performed by him under the first section of this act, such compensation as may be agreed upon between said board of supervisors and said county clerk.

3. The said board of supervisors are also authorized and directed to furnish to said county clerk, at the cost of said county, all books, papers and materials necessary in their judgment to. enable him to perform the services in this act provided for.

S4. The said board of supervisors are hereby authorized and directed to pay two thousand three hundred and eighty-five dollars, with the interest on the same from the twenty-eighth day of October. eighteen hundred and sixty-five, being the amount

owing for books for general indices which were furnished and delivered to the clerk of Richmond county on a requisition for such books made by commissioners appointed by resolution of the board of supervisors of said county, passed January twenty-third, eighteen hundred and sixty-five, to revise and record and prepare and copy new indices for said county. S5. This act shall take effect immediately.

Chap. 925.

AN ACT to amend an act passed April twelfth, eighteen hundred and sixty-two, entitled "An act to authorize the extending of certain streets in the city of Brooklyn to the East river, and to the permanent bulk-head line."

Passed May 16, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter one hundred and eighty-four of the laws of eighteen hundred and sixty-two, is hereby amended by adding the following section, as and for section three of said act, viz.:

§ 3. The expenses of all the proceedings taken under this act, except the awards for damages made in proceedings which have been legally discontinued, and which shall be certified to be correct by a justice of the supreme court of the State of New York, shall be included in the next tax levy of the thirteenth, fourteenth, fifteenth, sixteenth, eighteenth and nineteenth wards of the city of Brooklyn. Certificates of indebtedness therefor shall be issued by the mayor and comptroller, countersigned by the clerk of said city, payable in one year with interest, the amount of which shall be included in the tax levy aforesaid. The expense of proceedings commenced, or which shall be hereafter taken under this act, shall be provided for in like manner.

$2. This act shall take effect immediately.

Chap. 926.

AN ACT appropriating the excise fees and fines collected in the town of New Utrecht, to the use of common schools in that town.

Passed May 16, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All license fees provided for by the act to regulate the sale of intoxicating liquors within the Metropolitan police district of the State of New York, passed April sixteenth, eighteen hundred and sixty-six, and all fines therein provided for which shall hereafter be received by the board of excise of the said Metropolitan police district, from the town of New Utrecht, in the county of Kings, shall, after deducting the necessary expenses of collection and the amounts otherwise provided by law, be paid over to the supervisor of the town, and shall be applied by him to the payment of the wages of the teachers of the different districts in proportion to the amount of scholars in each district in the said town.

$ 2. This act shall take effect immediately.

Chap. 927.

AN ACT in relation to excise moneys collected in the county of Montgomery.

assed May 16, 1867; 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 commissioners of excise of the county of Montgomery shall, after deducting for the New York State inebriate asylum, ten per cent of the moneys collected by them according to the provisions of the act entitled "An act to suppress intemperance and to regulate the sale of intoxicating liquors," passed April sixteenth, eighteen hundred and fifty-seven, and within twenty days

after the receipt of such moneys by them, pay to the overseers of the poor of each town in the said county of Montgomery, an amount of said excise moneys equal to the sum contributed by such town, for licenses, penalties and forfeitures.

2. The overseers of the poor of the respective towns in said county of Montgomery, shall apply the moneys mentioned in the first section of this act to the support of the poor of said towns, and shall each year render on oath a just and true statement of receipts and disbursements of said moneys to the boards of town auditors of said towns respectively. S3. This act shall take effect immediately.

Chap. 928.

AN ACT to amend an act entitled "An act for the improvement of the Brooklyn Heights," passed April seventeenth, eighteen hundred and sixty

six.

Passed May 16, 1867; three-fifths being present.

SECTION 1. Section three of chapter six hundred and forty-four of the laws of the State of New York, passed April seventeenth, eighteen hundred and sixty-six, entitled "An act for the improvement of the Brooklyn Heights," is hereby amended as follows:

3. The expenses which shall be incurred by the said commissioners for the said purposes, shall not exceed ten thousand dollars, but the said commissioners may afterwards annually expend a sum not exceeding five hundred dollars, in repairs, and in keeping such grounds in proper order. All such expenses shall be a charge upon the city of Brooklyn, and shall be assessed and collected with the annual taxes, in the manner prescribed by law for the imposition, assessment and collection of taxes in said city. S2. So much of section four of the said act as imposes the assessment and collection of the amount

* So in original.

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