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Notice

(e) The charge or credit against or for any such lot or parcel by reason of the difference between the total amounts provided in (b) and (c) above; and shall publish in a newspaper printed and published in the town of Mamaroneck a general notice requiring the owner or owners of any land in the town of Mamaroneck affected by any such instalment assessments, and all other persons having any interest in or lien upon said lands, to present in writing to said town board as hereinafter provided, within forty days after the first publication of the notice hereinafter provided for, their objections to any such instalment assessments levied or attempted to be levied prior to December twentieth, nineteen hundred thirty-four, and any reason why any part of such instalment assessments should be reduced or remitted. The said notice shall be signed by the town board or a majority thereof, and shall be published once in each week for four weeks next succeeding the first publication thereof.

It shall be the duty of such owners of land affected by said instalObjections ment assessments, and making such objections, to serve upon the

chairman hereinafter provided for, within the time specified in said notice, a brief and concise statement of such objections to said instalment assessments and their reasons why the same or any part thereof shall be reduced or remitted, and to serve a duplicate copy of said statement on the town attorney of the town of Mamaroneck within the time aforesaid. Any person who shall

file and serve such statement and objections within the time aforeHearing.

said shall be heard before the town board in person or by counsel, if he demands such hearing in a notice endorsed on and filed with such statement, which notice shall designate the name and place of business or residence within the town of Mamaroneck of a person upon whom notice of such hearing shall be served, and such notice of the hearing may be served by the town clerk of the town of Mamaroneck on the person designated, by letter or postal-card addressed to such person at the place so designated, and deposited in the post office maintained by the United States government in the town of Mamaroneck, and an affidavit of such service by the clerk, when filed in his office, shall become a public record and shall be prima facie evidence in all courts and places of the facts therein stated. The town board, whenever they think it necessary, shall have power to call before them and to examine witnesses under oath in relation to all matters concerning such instalment assessments, and it shall be the duty of the town attorney to assist them in any examination they may make and in the performance of their duties generally. A majority of the town board shall constitute a quorum for the hearing of any objections or other matters brought before them and shall concur in the fixing of the amount to be charged upon and against any parcel of land as aforesaid. Any member of the town board may administer oaths or take the affidavits or depositions of any person to be used before them.

§ 3. The town board shall keep a record of its proceedings under this act, in which shall be entered its determination as to the

Record of proceed

amount of instalment assessments to be charged and assessed for street improvements pursuant to chapter five hundred and forty-nine of the laws of nineteen hundred twenty-six as amended, and for sidewalk improvements pursuant to article eleven-a of chapter sixty-two of the consolidated laws, known as the town law, as amended by chapter two hundred and one of the laws of nineteen hundred twenty-seven, for the years nineteen hundred thirty to nineteen hundred thirty-four both inclusive, upon and against each and every parcel of land as aforesaid, or the credit which is due by reason of overpayment of such instalment assessments for the years nineteen hundred thirty to nineteen hundred thirty-four both inclusive and which record shall be filed in the office of the town clerk within ten days after the filing of the certificate with the supervisor in this section provided for, and shall in one certificate certify under the signatures of a majority of the town board the amount of such charge or credit to the supervisor of the town, designating each piece or parcel by the lot number on the assessment map of the town of Mamaroneck and its determination as aforesaid in respect thereof, and such certificate shall be final and conclusive upon all persons owning or having any interest in or lien upon said lands and against all persons whomsoever. Upon the delivery to the supervisor of such certificate of the town board, the amount of any charge on account of instalment assessments for the years nineteen hundred thirty to nineteen hundred thirty-four both inclusive, so fixed and certified in respect to each and every parcel included in said certificate shall thereupon become and be a valid and binding assessment on the land so designated in lieu and instead of all instalment assessments levied or confirmed or attempted to be levied or confirmed pursuant to chapter five hundred and forty-nine of the laws of nineteen hundred twenty-six as amended, and pursuant to article eleven-a, of chapter sixty-two of the consolidated laws known as the town law, as amended by chapter two hundred and one of the laws of nineteen hundred twenty-seven, prior to the twentieth day of December, nineteen hundred thirty-four, and the proceeds thereof when collected shall be deposited by the supervisor to the credit of the special assessment fund of said town, to be used as a sinking fund for the payment of bonds issued by the town of Mamaroneck for the cost of said street and sidewalk improvements.

s 4. The amount of any charge or assessment as shown in said Designacertificate or in the certificate filed with the supervisor as by this assessact provided shall be set forth in the assessment roll of the town

ment. of Mamaroneck for the year nineteen hundred thirty-six against the property liable in a separate column properly designated “adjusted amount special assessments and such assessments shall become due and payable and be collected in the same manner as the town taxes as provided in chapter one hundred and five of the laws of nineteen hundred sixteen as amended, and shall subject the land and the land owner liable therefor to the same interest bur

Penal. ta

Overpaymente.

Bonds authorised.

dens and penalties as town taxes in arrear, and if unpaid shall be added to the amount of the tax liens to be sold by the supervisor of the town of Mamaroneck in the year nineteen hundred thirty-seven, or if no tax sale be held in the year nineteen hundred thirty-seven, then at the next sale of tax liens held subsequent to the year nineteen hundred thirty-seven.

§ 5. After the filing of the certificate with the supervisor, and within three months thereafter, any person or corporation who shall have paid a total amount in excess of instalment assessments, as appears from such certificate and record of proceedings of the town board had pursuant to the provisions of this act, may apply to the comptroller of the town of Mamaroneck for a refund of the excess so paid, and the comptroller shall upon production of tax receipt or receipts or other proof satisfactory to him refund such amounts accordingly. If more than one person or corporation shall have contributed in the payment of such excess the comptroller shall apportion said refund as between the persons or corporations who have so contributed. If no claim for a refund for such excess of instalment assessments shall be made within the time above provided for, the amount of such excess shall be a credit on account of town taxes to be levied on the tax rolls of the town of Mamaroneck for the year nineteen hundred thirtyseven.

§ 6. The town of Mamaroneck shall have power to issue its bonds in an aggregate amount not exceeding forty-five thousand dollars and/or temporary certificates of indebtedness for a like amount (which shall, if issued, be refunded by the bonds issued as herein provided), to pay the amount which it is required to refund by reason of excess payments of instalment assessments in the years nineteen hundred thirty to nineteen hundred thirty-four both inclusive as hereinabove provided, and/or the refund of the amount paid to the supervisor of the town of Mamaroneck for the purchase of transfer of tax liens representing said instalment assessments for the years nineteen hundred thirty to nineteen hundred thirty-four both inclusive. Said bonds shall become due and payable in annual instalments commencing not later than one year after their date and shall mature within a period not exceeding five years from their date. Said certificates of indebtedness and/or bonds shall bear interest not exceeding six per centum per annum, and be in such form and executed in such manner as the town board may provide, and said bonds shall be sold at public sale by the supervisor at not less than their full value. The full faith and credit of the town of Mamaroneck shall be pledged for the payment of the certificate of indebtedness and/or bonds hereby authorized ; all such certificates of indebtedness and/or bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issue. The amount of the principal of and interest on such bonds payable by the town of Mamaroneck shall be levied upon the taxable property in the town of Mamaroneck.

§ 7. Nothing herein contained shall affect the proceedings of Certain the town board of the town of Mamaroneck in relation to the ings reassessment pursuant to chapter five hundred and forty-nine of Sarding the laws of nineteen hundred twenty-six as amended for street improveimprovements and pursuant to article eleven-a of chapter sixty-two validated. of the consolidated laws, known as the town law, as amended by chapter two hundred and one of the laws of nineteen hundred twenty-seven for sidewalk improvements, for the total cost of the improvement of Myrtle avenue from its intersection with Chatsworth avenue westerly to its intersection with Madison avenue, and along Madison avenue from its intersection with Myrtle avenue, northerly to the southerly side of Maxwell street, in the town of Mamaroneck, with pavement, curbs, and gutters, and for the total cost of the improvement of Maple Hill drive, Orsini drive and Homer avenue, in the town of Mamaroneck, with pavement, curbs, concrete sidewalk, lateral sewerage, water service pipes and gas service pipes, and for the total cost of the improvement of Byron place, Dimitri place and Dante avenue in the town of Mamaroneck with pavement, curbs, gutters, culverts, drainage pipes, sewer laterals, water mains, water service pipes, gas service pipes, and electric service conduits, and for three-fourths of the total cost of the improvement of Weaver street in the town of Mamaroneck with sidewalk, and all of such acts of the town board of the town of Mamaroneck are hereby legalized, validated and confirmed notwithstanding any limitations contained in any law, or any irregularity or defect or omission in such acts or proceedings, or lack of authority to perform such acts or take such proceedings.

§ 8. Notwithstanding any other general, special or local law, Comprothe town board of the town of Mamaroneck may by resolution pro- he author vide for the compromise of such instalment assessments required to Ized. be levied for the years nineteen hundred thirty-six and subsequent, for the payment of interest and amortization of principal on bonds issued by the town of Mamaroneck for the cost of street improvements made pursuant to chapter five hundred and forty-nine of the laws of nineteen hundred twenty-six as amended, and for sidewalk improvements pursuant to article eleven-a, chapter sixty-two of the consolidated laws, known as the town law as amended by chapter two hundred and one of the laws of nineteen hundred twenty-seven, as it shall determine to be for the best interests of the town of Mamaroneck and the owners of the property affected by such instalment assessments, provided that the difference between the amount at which such instalment assessments are compromised and the amount of such instalment assessments shall be a town charge. The amount of such charge shall be included in the budget of the town of Mamaroneck and levied annually as required for the payment of the bonds issued by the town of Mamaroneck for the cost of such improvements, and the amount of such charge shall be apportioned upon the amount of the taxable property in the town of Mamaroneck outside of the villages of Larchmont and Mamaroneck.

The adoption of any such resolution shall be subject to a permissive referendum as provided in article seven of chapter sixty-two of the consolidated laws known as the town law, the provisions of which, so far as the same may be, are hereby made applicable. If a proposition be submitted for the approval of such resolution as provided in chapter sixty-two of the consolidated laws known as the town law, no person shall be entitled to vote upon the proposition unless he or she is an elector of the town and the owner of property in the town of Mamaroneck outside of the villages of Larchmont and Mamaroneck assessed upon the last preceding assessment roll of the town of Mamaroneck.

§ 9. Failure to give the notice provided for in this act or any defect in such notice, shall not affect or impair any right granted hereunder,

§ 10. The powers conferred by this act are in addition to the powers conferred upon the town board of the town of Mamaroneck by any other law or laws and shall not be subject to any limitation contained in any other law or laws.

§ 11. Nothing in this act contained shall affect the validity of any action heretofore taken by the town board of the town of Mamaroneck in authorizing and issuing certificates of indebtedness and/or bonds pursuant to the provisions of chapter five hundred and forty-nine of the laws of nineteen hundred twenty-six or chapter sixty-two of the consolidated laws as amended, to provide the money for the cost of street improvements pursuant to chapter five hundred and forty-nine of the laws of nineteen hundred twentysix in the town of Mamaroneck, and sidewalk improvements pursuant to chapter sixty-two of the laws of nineteen hundred nine as amended. If any section, clause or provision of this act shall be unconstitutional or be ineffective in whole or in part to the extent that it is not unconstitutional or ineffective it shall be valid and effective, and no other section, clause or provision shall on account thereof be deemed invalid or ineffective.

§ 12. This act shall take effect immediately.

CHAPTER 621
AN ACT to amend the municipal court code of the city of New York, in rela-

tion to pleadings
Became a law April 30, 1935, with the approval of the Governor. Passed,

three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision three of section seventy-eight of chapter two hundred and seventy-nine of the laws of nineteen hundred fifteen, entitled "An act in relation to the municipal court, its justices and officers,” is hereby amended as follows:

L. 1915, ch. 279, $ 78, subd. 8, amended.

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