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sale, which shall be the same as provided by law in cases of foreclosures of mortgages by advertisement.

tion of real

SECTION 51. Whenever any real estate shall be sold Redemp for the collection of any tax or assessment, and the owner estate. thereof, his heirs or assigns, shall not, within one year thereafter, have paid or tendered to the purchaser thereof or his legal representatives, or to the treasurer of the village of Waterford, the amount of the bid on such sale, with interest at the rate of twelve per cent per annum, from and after the time of such sale, the trustees shall deliver to the purchaser or his assigns, a certificate of such sale, upon the seal of the said village, signed by the president and clerk of said village, the execution whereof may be proved and acknowledged as deeds, and may in like manner and with like effect be recorded as other conveyances of real estate.

may take

possession

estate.

SECTION 52. The purchaser at any such sale, on receiv- Purchaser ing such certificate, or his executor, administrator or assigns, may immediately enter into the possession of such of real real estate, and hold, occupy and enjoy the same during the time for which it was sold, as aforesaid; and such certificate shall, in all courts and places, be held presumptive evidence of the right of such purchaser, his heirs or assigns, to the possession of such premises during such term as against the said owner or those claiming under him.

SECTION 53. The collector shall be vested with the Collector. same powers, and entitled to the same compensation in respect thereto, as collector of taxes in a town, and shall proceed in the same manner, except as herein otherwise provided, and except that the notice of the times and places at which he will receive taxes, required to be posted, shall instead thereof be posted for two weeks in three or more public places in said village, and he shall be entitled to the same fees as town collectors, and shall, within the time fixed for the return of his warrant, pay over to the treasurer all moneys collected by him, and return the said warrant to the clerk.

SECTION 54. The street commissioner shall only act as such; he shall be in no wise, either directly or indirectly, interested in any job, work, team or labor of any person employed on the highway work or streets of the village.

Street comnot to be tract.

missioner

in any co

interested

Chlef engineer.

To be pres

TITLE VIII.

OF THE ENGINEER AND FIREMEN.

SECTION 55. The chief engineer of the fire department shall, under the direction of the trustees, have the general superintendence and custody of the fire engines, engine-houses, hooks, ladders, hose, public cisterns and other conveniences for the prevention and extinguishment of fires. It shall be his duty to see that the same are kept in proper order, and to make detailed reports to the president of the state of that department one week before each annual meeting, and to make like reports to the trustees as often as they may require.

SECTION 56. It shall be the duty of the chief engineer ent at fires. to be present at fires of buildings, and take the command of the fire companies, hose companies and hook and ladder companies, and the general control of all apparatus for extinguishing fires.

Assistant engineers.

Idle and suspicious persons.

Present firemen to continue.

Names to

The assistant engineers shall aid the chief engineer at all fires, and in case of the absence of the chief engineer, the duties and powers of the office shall be exercised by the first assistant engineer, or, in his absence, by the second.

SECTION 57. The president or any engineer, or trustee may keep all idle or suspicious persons away from the vicinity of any fire, and may require the inhabitants of said village, or any bystanders, to form ranks or lines to carry water for the extinguishing of any fire in said village, and to aid the firemen in working their engines, hooks, ladders and hose, and to aid in removing and protecting property thereat; and every person refusing to obey such order shall be subject to a fine of three dollars, to be sued for and recovered in the name of the corporation, and paid to such fire company as the chief engineer may direct.

SECTION 58. The present firemen of the village of Waterford shall continue firemen of said village, subject to removal by the trustees. The firemen of said village shall be exempted from serving on juries and in the militia, except in cases of war, insurrection or invasion, and during the term of their service, shall also be exempted from all poll

tax.

SECTION 59. The name of each fireman, with the date

ed.

of his appointment and term of service, shall be registered be registerwith the clerk of the village, in a book to be kept for that purpose; and the only evidence necessary to entitle a fireman to his exemption, shall be the certificate of the president and clerk under the seal of the village, and which shall be granted without fee.

TITLE IX.

MISCELLANEOUS PROVISIONS.

SECTION 60. No person shall be an incompetent wit- Compeness, justice or juror, by reason of his being an inhabitant toney. of the village of Waterford, or liable to taxation therein, in any action or proceeding, in which the said village is interested.

SECTION 61. No person entitled to vote at any election held under this act, shall be arrested on civil process within said village, on the day on which such election is held.

Not to be election day

arrested on

Officer
act may
double costs

under this

recover

in certain

cases.

SECTION 62. Every person elected or appointed to any office under this act, who shall be sued for any act done or 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. SECTION 63. Whenever any person or corporation shall Neglect or refuse or neglect to pay any tax or assessment, duly assessed against any such person or corporation, the trustees may collect the same by action, in the corporate name against such person or corporation; but such action shall not operate to release any lien on property for such tax, until the judgment rendered in such suit shall have been fully satisfied.

SECTION 64. Whenever any real estate in said village 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.

refusal.

Joint own

ers of real

estate.

health.

SECTION 65. The trustees may take precautionary Public measures to guard the public health in times of pestilence, and to provide against infectious and pestilential diseases, when they appear in the village, by providing suitable places for the temporary removal of persons hav

Former acts repealed.

Certain acto not affected.

Officers to be residents

Public act.

Name changed.

ing such diseases, from the populous parts of the village, and defray the expenses incident to such removal.

SECTION 66. All the former acts and parts of acts, relative to the incorporation of the village of Waterford, are hereby respectively repealed; but such repeal shall not affect any act done, privilege granted, right vested or established institution located, or any proceeding, suit or prosecution had or commenced previous to the time when such repeal shall take effect. And all officers elected or appointed under or by virtue of the acts hereby repealed, shall continue in office until the first board of trustees, elected under this act, shall become organized. SECTION 67. Nothing contained in this act shall repeal or affect, or be construed to repeal or affect, the act entitled "An act to provide for the appointment of commissioners of deeds in the village of Waterford," passed March the thirty-first, eighteen hundred and fifty-nine.

SECTION 68. All officers elected or appointed under this act must be residents of the village of Waterford, and the removal of any officer therefrom shall vacate his office. All resignations of any officers under this act shall be made to the trustees, subject to their acceptance.

SECTION 69. This act is hereby declared a public act, and shall be construed favorably and benignly for every beneficial purpose therein contained.

SECTION 70. The legislature may at any time repeal or modify this act.

SECTION 71. This act shall take effect immediately.

Chap. 244.

AN ACT to amend the charter and change the name of the Central America Commercial and Industrial Company, passed April sixteen, eighteen hundred and fifty-eight.

Passed April 12, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Central America Commercial and Industrial Company shall hereafter be known by the name

and title of the "Commercial and Industrial Company of North America," with power of organizing, conducting and facilitating emigration to any state or territory, as well as to Central America.

rators may act as commissioners.

S2. Any two of the corporators named in the said act Two corpomay act as commissioners for opening books of subscription to the capital stock of said company; and when the sum of thirty thousand dollars has been subscribed, and ten per cent paid in, the stockholders may, under the direction of any two of the commissioners, proceed to elect directors, who shall hold their office until the first Monday in June, eighteen hundred and sixty, or until others are elected.

Chap 245.

AN ACT to provide for the drainage of the low lands lying between the Ridge road and the north line of the town of Hartland, in the county of Niagara.

Passed April 12, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

appoint

sioners.

SECTION 1. Upon the written petition of ten or more Supreme freeholders interested, verified by their oath or affirma- court may tion, the supreme court is hereby authorized to ap- commis point three suitable persons, residing in said county and outside of the towns of Hartland or Somerset, as commissioners for draining the low lands lying between the Ridge road and the north line of the town of Hartland, in the county of Niagara. It shall be the duty of said Their duty. commissioners to cause a survey and map of said low lands to be made, exhibiting the number of acres (as nearly as the same can be ascertained without actual measurement) in each and every of the several separate tracts of land which in their judgment will be directly benefited by such drainage, together with the names of the owners or occupants of said several separate tracts of land, as far as such names can be ascertained. They shall also cause the level of said low lands to be ascer

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