Page images
PDF
EPUB

Taxes and

assess

be collect

ed by ac

tion.

omitted to be done in virtue of his office, and who shall have final judgment rendered in his favor whereby he shall be entitled to costs, shall recover double costs, as defined in the Revised Statutes.

§ 6. Whenever any person or corporation shall refuse ments may or neglect to pay any tax or assessment, duly assessed according to any of the provisions of this act, against any such corporation, the same may be collected by action in the name of the city against such person ⚫ or corporation; but such action shall not operate to release any lien upon property or such tax until the judgment rendered in such suit shall have been duly satisfied.

Service of notices on joint tenants.

Criminal charges, how audited.

Proviso as to special

taxes.

Repeal.

Saving clause.

§ 7. Whenever any real estate in said city shall be owned by two or more persons jointly, or as tenants in common, a notice served on one of such persons shall be sufficient notice to all, for any purpose requiring a notice under this act.

§ 8. The expenses of apprehending, examining, trying and committing offenders against any law of the State, in said city, and of their confinement, properly chargeable against the county of Dutchess, shall be audited, allowed and paid by the supervisors of said county, in the same manner as if such expenses had been incurred in any town of said county of Dutchess.

§ 9. All taxes or appropriations made or voted by the electors of the village of Poughkeepsie for any special purpose, before this act shall take effect, and not levied and collected, shall be levied, raised and collected in the same manner that special taxes are directed to be raised hereby, and as if the same had been voted as special taxes at an election held pursuant hereto.

§ 10. From and after the passage of this act, all acts and parts of acts inconsistent with or repugnant to this act are hereby repealed, but nothing herein contained shall be construed so as to destroy, impair or take away any right or remedy acquired or given by any act hereby repealed, and all proceedings commenced under any such former act shall and may be carried out and completed, and all prosecutions for any offense committed, or penalty or forfeiture incurred, shall be carried on with the same effect as though this act had not been passed.

collector

11. The office of collector of the city of Pough- Office of keepsie is hereby abolished, and the duties of said office abolished. shall be discharged by the treasurer of said city, and in case any person shall have been elected and qualified as such collector at the time this act shall take effect, such person shall not thereafter exercise any of the powers nor perform any of the duties of such office. And the Appointcommon council at the second regular meeting thereof city trensafter the passage of this act shall appoint a treasurer for rer in his said city who shall hold his office, by virtue of such appointment, until the next annual election thereafter; such appointment shall be made in the manner provided His liabiliin this act for appointing officers by said council, and the treasurer so appointed shall be charged with all the duties and subject to all the liabilities prescribed for a treasurer elected under this act.

§ 12. This act is hereby declared a public act, and shall be construed favorably and benignly for every beneficial purpose therein contained.

§13. The Legislature may at any time repeal or modify this act.

§14. This act shall take effect immediately.

Chap. 454.

AN ACT to amend an act entitled "An act to revise the charter of the city of Oswego," passed April sixteen, eighteen hundred and sixty, and also to amend an act entitled "An act to amend an act entitled 'An act revising the charter of the city of Oswego,"" passed May nine, eighteen hundred and sixty-seven.

Passed May 1, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision nineteen of section six of title three of the act entitled "An act to revise the charter of the city of Oswego," passed April sixteenth, eighteen hundred and sixty, is hereby amended so as to read as follows:

men' of

place.

ties.

Common council,

may re

ning at

19. To restrain and regulate the running at large of cattle, horses, swine, sheep, goats and geese; to prestrain run scribe limits within which swine shall not be kept in said city, and to authorize the distraining, impounding and sale of the same for the penalty incurred and costs of proceeding.

large of animals.

Abatement

of nuisances.

thereof to

§ 2. Subdivision twenty-four of section six of title three of said act is hereby amended so as to read as follows:

24. To determine what are nuisances, and to abate, destroy and remove the same from or on any street, alley, lane, public lands or lot of any person or persons, Expenses and from the river, harbor and wharves, and to assess be assessed the expense of abating a nuisance existing on the land or premises of any person or persons (whether such nuisance be abated by order of the common council or of the board of health of said city) upon such land or premises.

upon lands.

Board of

health.

board.

Health physicians and inspectors.

§ 3. Section eighteen of title eight of said act is hereby amended so as to read as follows:

§ 18. The health commissioners and the mayor shall Officers of constitute the board of health of said city; the mayor shall be the presiding officer of said board. In his absence the board may appoint one of their number as president pro tempore. The clerk of the city shall be clerk of said board. The common council shall appoint a health physician, and may appoint as many health inspectors as they may deem necessary, and prescribe, by ordinance, the powers and duties of the board and its members, and of the physician and inspectors, and allow and pay the health commissioners a reasonable Expenses compensation for their services. The provisions of chapter three hundred and twenty-four of the laws of eighteen hundred and fifty, entitled "An act for the preservation of the public health," as modified by chapter seven hundred and sixty-one of the laws of eighteen hundred and sixty-eight, shall apply to said board of May direct health. And the said board shall have power, whenever in its opinion the public health requires the immediate abatement of a nuisance, to order and cause the same to be abated forthwith; and in such case, it shall be the duty of said board to report to the common council the

of board to be a city charge.

abatement

of nuisances.

[ocr errors]

expense thereof, together with a description of the premises upon which said nuisance existed, and the name of the owner or owners, occupant or occupants thereof, if the same can be ascertained.

§ 4. Section twenty-six of said title eight is hereby amended so as to read as follows:

Filling up ing of

and drain

grounds,

trs, &c.

of sinks,

§ 26. The common council shall have power, from time to time, as they shall deem necessary, by a vote of two-thirds of all the aldermen elected, to direct the filling up, draining and regulating any grounds, yards or cellars within the city, which shall be unwholesome; and by a vote of the majority of the aldermen elected, to pass such ordinances as they shall deem necessary for ansing the filling up, or altering and amending, or cleansing of buildings, sinks and privies, and for directing the mode and materials of constructing them in future; and for the cleansing of any house, building, establishment, lot, yard or ground, from filth, carrion or unwholesome matter of any kind; and may cause any of the improvements above mentioned to be done at the expense of the city Expense on account of the owners, and cause the expense to be how assessed on the real estate benefited thereby.

[ocr errors]

§ 5. Section nine of title six of the act entitled "An act to amend an act entitled An act revising the charter of the city of Oswego,' passed April sixteenth, eighteen hundred and sixty," passed May ninth, eighteen hundred and sixty-seven, is hereby amended so as to read as follows:

.

ynds, &c.

thereof,

ansessed.

Local asto be made by assess

sessments

ors.

§ 9. All local assessments of the expense or any portion thereof of any of the improvements mentioned in subdivisions five, six, seven, of section three of this title (except sidewalks, setting out ornamental trees and fencing), shall be made as follows; such assessment shall be made by the board of assessors or a majority thereof; they shall meet at the office of the board of assessors and may, if necessary, adjourn from time to time. They shall make an assessment roll, entering thereon the names of the owners or occupants of the lands assessed, what to and what parcels are owned by non-residents, according to their best information, and the name of any corporation or association owning any of said lands. They shall briefly but carefully describe the land on which any

Assessment roll,

contain.

review thereof

Corrected

delivered to

common

council,

Proceed.

assessment is made, and assess on the property the amount fixed by the common council as equitably as Notice of they can. When their roll is finished, they shall publish a notice in the city paper for ten days, of a time and place where they will meet to review such assessment, and they shall have the same power to make corrections as in case of the assessment of the general tax, copy to be and shall deliver a corrected copy of the roll, signed by city clerk. all or a majority of them, to the clerk of the city within. twenty days after their first meeting. Any person interested may appeal to the common council for the correction of the assessment. Such appeal shall be in Appeals to writing, and shall be delivered to the clerk or presiding officer of the common council, within ten days after the corrected copy of the assessment roll is delivered to the clerk. If there be no appeal, the assessment shall be conings there- firmed; in case of an appeal, the common council shall appoint time, within ten days thereafter, for the hearing of those who are interested, and shall cause a notice thereof to be published in the city paper, and may adjourn such hearing from time to time; and after such hearing shall have power to correct such assessment or to annul the same, and direct a new assessment to be made in the manner herein before directed, which shall be final and conclusive on all parties interested in case the common council confirm the same; but if the com. mon council shall set aside the last aforesaid assessment, all the proceedings in the matter shall be null and void. The second assessment shall be made, and an appeal thereon may be made in the same manner as on the first assessment. If no appeal be made, it shall be confirmed. § 6. Section twenty of title six of said last mentioned act is hereby amended so as to read as follows:

on.

§ 20. The common council shall not order any local Notice of improvement specified in this title, the expenses of

making

local improvements, when required.

which are to be defrayed by local assessment, to be made unless previous to the making of such order, a notice specifying the place and nature of the proposed improvement shall be published in the official paper, the first publication of which notice shall be at least five days previous to the time of making such order; but if, at any time, any sidewalk in front or alongside of any lot

« PreviousContinue »