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Assessment

and collec

amount.

motion therefor, made upon two weeks notice, published in one or more newspapers of the village. When the same has been so confirmed, the board of trustees shall proceed to assess and collect on on the amount so fixed by the report, in the same manner and at the same time as prescribed for the assessment and collection of annual taxes for village purposes.

§ 14. Sections six, seven and eight of title seven and sections Repeal. twenty-six, twenty-seven and twenty-eight, of title eight of same chapter are hereby repealed.

Chap. 17.

AN ACT to amend chapter four hundred and forty-nine of the laws of eighteen hundred and ninety, entitled "An act to enable the city of Albany to procure additional land for park purposes, to confirm and provide for the payment of assessments thereon, and to repeal chapter four hundred and seventy-six of the laws of eighteen hundred and eighty-six, entitled 'An act authorizing the board of commissioners of Washington park of the city of Albany to acquire real estate on the west side of South Pearl street in the city of Albany for the purpose of a public park and a roadway in connection therewith,'" as amended by chapter one hundred and thirty-four of the laws of eighteen hundred and ninety-two.

BECAME a law February 9, 1894, 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. Chapter four hundred and forty-nine of the laws of Act amended, eighteen hundred and ninety, entitled "An act to enable the city of Albany to procure additional land for park purposes, to confirm and provide for the payment of assessments thereon, and to repeal chapter four hundred and seventy-six of the laws of eighteen hundred and eighty-six, entitled 'An act authorizing the board of commissioners of Washington park of the city of Albany to acquire real estate on the west side of South Pearl street in the city of Albany for the purpose of a public park and a roadway in connection therewith,'" as amended by chapter one hundred and thirty-four of the laws of eighteen hundred and

Certificates for paying awards.

Form thereof.

ninety-two, is hereby amended by adding the following sections:

§ 6. For the purpose of paying the awards and the costs and expenses of acquiring title to said real estate, and discharging any and all liens and incumbrances existing thereon. in case the bonds authorized to be issued by section three of the act hereby amended shall not be issued before this act takes effect, the chamberlain of the city of Albany shall deliver to the several persons or corporations to whom an award has been made, or who shall appear by the order of the supreme court confirming the report of the commissioners heretofore duly appointed in the proceedings to acquire title to said real estate, duly made and entered in the office of the clerk of the county of Albany, on the twenty-ninth day of August, eighteen hundred and ninety-three, to be interested in said real estate as the owners of any lieus or incumbrances thereon on said date last mentioned upon their signing a joint receipt therefor and a quit claim deed of the lands and premises described in said order, or he shall deposit, as is hereinafter provided, a certificate, in writing, which said certificate shall be in substantially the following form:

Registered No.

.....

$

CERTIFICATE OF INDEBTEDNESS.

....

....

of

This is to certify that, in pursuance of chapter the laws of the state of New York, passed eighteen hundred and ninety-four, the city of Albany is indebted to or assigns, in the sum of with interest thereon, from the twenty-ninth day of August, eighteen hundred and ninety-three, on account of an award made for a certain piece or parcel of land, described and laid out on a map made by Horace Andrews, city engineer of the city of Albany, in certain proceedings, entitled "In the matter of the application of the board of commissioners of the Washington park of the city of Albany to acquire title to real estate in the city of Albany for the purpose of a public park, to be known as Beaver park," and filed in the Albany county clerk's office, with the report of the commissioners appointed to condemn and acquire the land to be taken in such proceedings, and which said parcel of land is more particularly described as follows:

and forms a portion of the whole land described by metes and bounds in the report of said commissioners, to which reference is hereby made. This certificate is payable on the first day of February, eighteen hundred and ninety-five, unless the said the city of Albany elects to pay the same before said last-mentioned date, from the moneys derived from the sale of the bonds issued in pursuance of chapter four hundred and forty-nine of the laws of eighteen hundred and ninety, and the acts amendatory thereof, for the purpose of paying said award. This certificate shall not draw interest for a longer time than until February first, eighteen hundred and ninety-five, nor for a longer time than up to its payment, nor after the undersigned shall have given to the person in whose name this certificate has been last registered the notice mentioned and described in the act first above referred to.

In witness whereof, the chamberlain of the city of Albany has hereunto set his hand, this.

..day of

...

.........

1894.

(Signature.)

Chamberlain.

certificates.

Such certificate so delivered or deposited shall state each and Contents of every person, persons, corporation or corporations, to whom such award has been made for the particular lot of land therein described as the owner or owners of the fee, mortgagee, judgment creditor, or the owner of any other lien or incumbrance thereon; it shall describe the property taken and for which such award is made as it is described in said order of confirmation, and shall also state the amount of such award as stated in said order of confirmation, after deducting therefrom the amount of all taxes, water rents and assessments together with the interest thereon due and payable to the city of Albany at the date of the issuance of such certificate, and after also deducting all sums of money together with the interest thereon to the date of such certificate paid by said city as the purchaser at any tax and assessment sale or sales, as set forth in said order of confirmation. Such certificate shall acknowledge an indebtedness on the part of the city of Albany to the person, persons, corporation or corporations therein named as owner of the fee, mortgagee, judgment creditor or otherwise in the

Rate of interest.

Certifi

cates, when payable,

etc.

Notice of payment.

amount of such award, after making the deductions hereinbefore referred to, and shall bear interest at the rate of six per cent per annum from date of the entry of such order of confirmation, as aforesaid. Such certificates shall be subscribed by said chamberlain; shall be registered in his office and shall be payable on the first day of February, eighteen hundred and ninety-five, unless sooner paid from the proceeds of the sale of the bonds hereinbefore referred to, and authorized under the provisions of this act and of the act hereby amended to be issued for the purpose of paying such awards. No certificates, so issued, shall bear interest for a longer time than until the first day of February, eighteen hundred and ninety-five, nor for a longer time than up to the date of its payment, nor shall any such certificate bear interest after the chamberlain of such city shall have given notice of his readiness to pay the same to the person, persons, corporation or corporations in whose name or names said certificate shall have been last registered in the office of said chamberlain. Said notice shall be in writing and shall be served on said person, persons, corporation or corporations, by depositing the same in the post-office in a securely closed envelope, with postage prepaid, addressed to said person, persons, corporation or corporations at the address appearing opposite the name on the register thereof kept by said chamberDeposit of lain. In case of unknown owners the chamberlain shall (and as to any or all of said real estate in case there shall be any dispute as to the ownership thereof or of any lien or incumbrance thereon, or when either of the persons whose name appears in said certificate refuses от is legally incom. petent to accept the same, and sign a receipt therefor, or sign and acknowledge the deed referred to in the said order of confirmation, the chamberlain may) deposit such certificate in the bank designated for holding moneys belonging to the city to be held in the custody of such bank until an adjudication shall be had in the courts as to the persons entitled thereto, and when the moneys are obtained from the sale of said bonds hereinbefore referred to, if such certificates shall not have been theretofore surrendered by said bank pursuant to an order of the court he shall deposit such moneys to the amount required to pay such certificates so deposited in said bank, to the credit of the respective persons therein named, and in case of unknown

certificates

and money in certain

cases.

deposit of

and pay

order of

court.

owners, to the credit of the real estate for which the award has been made, and take up and cancel such certificate so deposited. And upon payment or the deposit of the money therefor, as aforesaid, all liability on the part of the city shall cease. In case Notice of any deposit of money shall be so made, notice of the same shall be moneys. immediately published by the chamberlain of the city in the official papers for a period of ten days, specifying the name or names of the persons to whose credit such deposit has been made, and when the names of the persons to whom the award has been made are unknown, such notice shall specify the particular real estate for which the same has been made, and the amount thereof, and in what bank deposited. And if there shall be any Delivery question as to the title of said real estate, or as to any liens or ment by incumbrances on any of said real estate, or as to the persons to whom any portion of such award shall be paid, the said certificate shall, nevertheless, be delivered to, or the amount of such award after the same shall have been deposited as aforesaid shall be paid wholly or in part to such person or persons as shall by the order of the supreme court, or a judge thereof, upon notice to the corporation counsel, be declared to be entitled thereto; and if any such owner or person interested is an infant or otherwise legally incompetent to receive the same and give the necessary receipt and release threfor, the said court may authorize the amount to which said infant or other person is entitled to be paid to the guardian or trustee of such infant or other person, who has given or shall give satisfactory security to account to the said infant or such other incompetent person therefor, and to pay over the same. In order to pay said cer- Issue of tificates of indebtedness when they shall fall due, it shall be certificates. the duty of the board of finance of the city of Albany, to issue the registered bonds of said city therefor, as provided in and by section three of the act hereby amended, in such amount as shall be necessary to pay the total amount of the certificates of indebtedness herein authorized and to redeem the same as they shall be respectively presented to said chamberlain for

payment.

bonds for

provement

7. The chamberlain of the city of Albany is hereby authorized Park imand directed, upon the written requisition or requisitions of the certificates. board of commissioners of the Washington park, signed by its

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