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Common council may order buildings removed and if not removed as directed may

Erection of any building

to be a misdemeanor.

so erected upon, moved on to, or permitted to remain on, said land, the said common council may order the same to be removed from such land, and may cause notice of such order to be served on the owner or occupant of

remove same. such building, personally, or by leaving such notice at the last place of residence of such owner, or by leaving it with any person of suitable age and discretion who may be found in such building, and if such dwellinghouse or other buiding is not removed from said land within ten days from such notice, the said common council may cause the same to be removed or taken down, and may employ all necessary force for that purpose; and any person who, after any such land shall have been taken and appropriated or conveyed as aforesaid, shall erect upon, move on to, or cause to be erected upon, or moved on to, said land, any dwelling-house, on said lands warehouse, shop, barn, shed or other building, or shall permit the same to remain on said land for ten days after notice of an order of the common council to remove the same, as above provided, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding two months, or by a fine not exceeding two Limitation of hundred dollars. But the provisions of this section shall not apply to buildings erected or placed on said lands for any purpose connected with the erecting, maintaining or repairing the sea wall or breakwater thereon. 5. When any land shall have been taken and mon council appropriated or conveyed, as in the first section of this act provided, the common council of the city of Buffalo shall have power to pass such ordinances as they may deem necessary to prevent the erection upon said land of any building, or to prevent any building from being removed on to, or permitted to remain on, said land, or to prevent the taking or removing from such land, of

last provision.

After land is taken com

may pass ordinances for protection of land.

Penalties,

any earth, sand or gravel, or for the protection in any manner of any sea wall or breakwater thereon, and may now enforced. impose a penalty not exceeding one hundred dollars for any offense against such ordinances, to be collected and enforced in the manner which is now or may be hereafter provided by law for the collection and enforcement of penalties imposed by other ordinances of said city.

council to

adopt resolu

tion declaring lands taken to

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§ 6. Upon perfecting the proceedings for taking and common appropriating any land under the provisions of the first section of this act, as is in said section provided, or upon obtaining conveyances of any such land, as therein also grounds. provided, the common council of the city of Buffalo shall, by resolution, declare such land so taken or conveyed, to be a public ground for the purpose of protecting the city of Buffalo and its harbor from encroachment of lake Erie, which said resolution shall recite the taking and appropriating of said land, as provided in said first section, or the conveyance thereof, as therein also provided, and a copy of such resolution, duly certified by Copy of resothe mayor or city clerk of said city, under the corporate evidence in seal thereof, shall be presumptive evidence in all prose- etc. cutions under the third and fourth sections hereof, and in all suits for penalties under the ordinances authorized by the fifth section hereof, that the said land has been duly taken and appropriated as a public ground for the purpose aforesaid, by virtue of the power and authority contained in the said first section hereof.

87. This act shall take effect immediately.

28

lution to be

certain suits,

CHAPTER 154.

Voting by proxy.

Exemption of cemetery lands from taxation.

Exemption

LO street as

AN ACT

TO AMEND THE CHARTER OF THE BUFFALO CITY CEME-
TERY, AND TO RESTORE THE EXEMPTION OF CEME-
TERIES IN SAID CITY FROM LOCAL ASSESSMENT.

Passed March 22, 1871; three-fifths being present.

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. No person shall be entitled to vote by proxy at any election for trustees of the Buffalo City Cemetery, unless his vote shall be accompanied by his affidavit, stating that he is unable to vote personally by reason of sickness or infirmity, or absence from the city of Buffalo.

§ 2. All lands in the city of Buffalo belonging to any incorporated cemetery association, shall be exempt from taxes, rates and assessments to the extent provided in section ten of the "Act to incorporate cemetery associations," passed April twenty-seventh, eighteen hundred and forty-seven, any statute to the contrary notwithstanding.

3. The above exemption shall not apply to assessnot to apply ments for grading or paving those parts of any streets or sidewalks that shall be immediately in front of, and bounded on, the lands of any of the said cemeteries.

sessments.

§ 4. This act shall take effect immediately.

CHAPTER 784.

AN ACT

AUTHORIZING THE CITY OF BUFFALO TO BUILD A BRIDGE

OVER BUFFALO RIVER AND TO ISSUE BONDS FOR THE
PURPOSE OF PAYING THE EXPENSE OF BUILDING SUCH
BRIDGE.

Passed April 27, 1871; three-fifths being present.

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

Location of

SECTION 1. The common council of the city of Buffalo are hereby authorized to build a bridge over Buffalo bridge. river on the site formerly occupied by the bridge of the Buffalo and Hamburgh Turnpike Company whenever the said common council shall receive and accept from said turnpike company a grant of the site of such bridge and the approaches thereto, and said common council may in their discretion defray any portion of the expense of building such bridge, not exceeding one-half thereof, by local assessment on the property benefited, or provide that the whole expense shall be paid out of the general fund.

$2. The common council of said city are hereby Bonds to be authorized and empowered to cause the bonds of said issued. city to be issued to an amount not exceeding twenty

thousand dollars for the purpose of building said bridge, which bonds shall be payable at such times and places as said common council may determine, and shall bear interest at the rate of seven per cent. per annum, and the same may be sold by the said common council, but at not less than their par value.

3. This act shall take effect immediately.

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