Sale.

Redemp

tion of

for taxes.

Notice to be given

by purchaser.

may remain unpaid at the time of such sale; the expense of publishing such list and notices shall not exceed the sum of one dollar for each parcel of land so advertised; on the day named in said notice, the said comptroller shall commence the sale of said real estate at auction to the highest bidder, and shall continue such sale from day to day until the whole thereof shall be sold; but the owner of any piece of land or his representative may redeem the same at any time before the actual sale thereof, by paying the tax or taxes for which it is to be sold with all accrued interest and expenses; it shall be the duty of the comptroller to bid in for the city all parcels of real estate at such sale, which shall not be purchased by any other person at a rate sufficient to pay the taxes for which the land is to be sold with all accrued interest and expenses.

§ 2. Section seven of said act is hereby amended so as to read as follows:

§ 7. The owner of or any person interested in or having a lien upon lands sold any real estate sold for taxes and assessments as aforesaid may redeem the same at any time within two years after the date of such sale by paying to the said comptroller, for the use of the purchaser upon such sale, his heirs and assigns, the sum mentioned in the certificate given to him, and the interest, on the amount of tax, interest, and expenses at the rate of twelve per centum per annum, and on the balance of said sum at the rate of seven per centum per annum, to be calculated from the date of such certificate, and a further sum of fifteen dollars to pay for expenses of searches and publishing and serving the notices herein provided. Notice shall be given by the purchaser of any real estate sold for taxes under the provisions of this act to the occupant, owner in fee, registered agent of the owner, attorney in fact, whose power of attorney is recorded, trustee, mortgagee, judgment creditor, or purchaser upon any other tax sale of the same property, whose certificate is a lien on said premises, and the heirs and assigns of any or either of them, and the guardian of any infants having any interest therein, at least three months before the expiration of the time for redemption fixed by this act, and the time for such redemption fixed by this act and the time for such redemption* shall not be deemed to have expired until three months after such notice. shall have been given. Such notice shall either be written or partly written and partly printed, and shall state briefly the lot or parcel of land to be redeemed, the amount due at the time of sale, the amount for which the property was sold, and the expenses of making searches thereon, the last day of redemption of any such real estate, and the office or place and hours when and where the money for such redemption can be paid, which office or place of business shall be in the city of Buffalo, and which hours shall be between nine o'clock in the forenoon How to be and four and one-half o'clock in the afternoon. Such notice shall be served. served personally or left with some person of suitable age and discretion, at the residence or place of business of any and all persons entitled to such notice, if they or any of them reside in the city of Buffalo, or have a place of business therein, and in case they or any of them do not reside or have a place of business in said city, then such notice shall be deposited, postage paid, in the post-office, addressed to them at the post-office at or nearest to their known place of residence; and if the residence or address of any such person or persons be not known to the holder of such certificate, then such notice shall be published at

To be in writing or printed.

So in the original.

clerk to

make

least once a week for three months prior to the day therein named for redemption in the official paper. The expenses of mailing, serving, Expenses. and publishing such notice shall be added to and become a part of the amount required to be paid for the redemption of such real estate. The county clerk of Erie county shall, upon the application of any County purchaser of any lot or lots or his assignees, make a full and complete search of such property, setting out in full the facts upon the records search. of his office necessary to enable such holder to serve the notice herein required, and shall be entitled to charge therefor the sum of ten conte each for such conveyance or record certified by him; such compensation, however, in no case to be less than one dollar and fifty cents nor more than seven dollars and fifty cents. Such holder shall be entitled also to demand from any person entitled to redeem from any sale, the certificates of which shall be held by him, the sum of one dollar for the tax search upon such property. It shall be the duty of the comptroiler whenever any parcel of land shall, under the provisions of this act, be struck off to the city, to seasonably procure from the county clerk the necessary searches to enable the city to perfect its title to said lands, and he shall, in his annual estimate for his department, include a sum sufficient to enable him to carry the same into effect. §3. This act shall take effect immediately.

CHAP. 114.

AN ACT to amend section twenty-two hundred and fortyseven of the Code of Civil Procedure.

PASSED May 1, 1882; three-fifths being present.

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

SECTION 1. Section twenty-two hundred and forty-seven of the Code

of Civil Procedure is hereby amended so as to read as follows:

§2247. The issues joined by the petition and answer must be tried Issues, how by the judge or justice, unless either party to such proceedings shall to be tried. at the time designated in such precept for showing cause, demand a jury, and at the time of such demand pay to such judge or justice the necessary costs and expenses of obtaining such jury. If a jury be demanded and such costs and expenses be paid the judge or justice with whom such petition shall be filed shall nominate twelve reputable. persons qualified to serve as jurors in courts of record, and shall issue his precept directed to the sheriff or one of the constables of the county, or any constable or marshal of the city or town, commanding him to summon the persons so nominated to appear before such judge or justice at such time or place as he shall therein appoint, not more than three days from the date thereof, for the purpose of trying the said matters in difference. Six of the persons so summoned shall be Jurors, drawn in like manner as jurors in justices' courts and shall be sworn drawing by such judge or justice well and truly to hear, try and determine the matters in difference between the parties. After hearing the allegations and proofs of the parties, the said jury shall be kept together until they agree on their verdict, by the sheriff or one of his deputies, or a constable, or by some proper person appointed by the judge or justice for that purpose, who shall be sworn to keep such jury as is usual in like cases of courts of record. If such jury cannot agree after

of, etc.

When elections

to be held.

being kept together for such time as such judge or justice shall deem reasonable, he may discharge them and nominate a new jury and issue a new precept in manner aforesaid.

§ 2. This act shall take effect immediately.

CHAP. 115.

AN ACT to amend section two of chapter four hundred and five of the laws of eighteen hundred and seventy-nine, entitled "An act to amend sections two and ten of chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight, entitled 'an act in relation to the election of officers in certain school districts.' "

PASSED May 1, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter four hundred and five of the laws of eighteen hundred and seventy-nine, entitled "An act to amend sections two and ten of chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight, entitled an act in relation to the election of officers in certain school districts'" is hereby amended so as to read as follows:

§ 2. Such election shall be held on the Wednesday following the second Tuesday in October in each year, between the hours of twelve mid-day and four o'clock in the afternoon, except that in the several school districts in the school commissioner's district, in the county of Kings, such election shall be held between the hours of four and nine o'clock in the afternoon, at the principal school-house in the district, or at such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal schoolgive notice house, the trustees shall give notice thereof by the publication of such of place. notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may by resolution extend the time of holding the election from four o'clock until sunset.

When trustees to

Local

§3. This act shall take effect immediately.

CHAP. 116.

AN ACT authorizing the local boards of the state normal schools of this state to insure the buildings and property belonging to said schools for the benefit of the state.

PASSED May 2, 1882; three-fifths being present.

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

SECTION 1. The local boards of the state normal schools of this boards to state are each hereby authorized to insure and keep insured the normal

keep

school buildings connected with and belonging to said schools at a risk buildings not exceeding seventy-five thousand dollars, for the benefit of the state, insured. and to pay for said insurance out of any money or moneys appropriated and set apart from time to time for the use and benefit of said school by the state of New York.

§2. This act shall take effect immediately.

CHAP. 117.

AN ACT to authorize the trustees of the village of Canandaigua, to receive and hold in trust property for the improvement and embellishment of cemeteries held and owned by said village.

PASSED May 2, 1882; three fifths being present.

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

by grant,

improve

ceme

SECTION 1. The trustees of the village of Canandaigua are hereby Trustees anthorized to take and hold, by gift, grant, donation, devise or bequest, may take from any person, association or corporation, any money or property in etc., proptrust, and to apply the income thereof for the improvement or embel- en for lishment of the cemeteries belonging to, or held by, or which may ment of hereafter come into the possession of, said village, or of any lot of any teries. individual proprietor in said cemeteries, or for the repairs, preservation or renewal of any tomb, monument, gravestones, fence, railing or other erection in and around any cemetery lot, or for the planting and cultivation of trees, shrubs and flowers in or around any cemetery lot; and the principal sum so acquired shall remain a perpetual fund inalienable in the hands of the said trustees and shall be known as the ceme tery deposit fund; and the said trustees are hereby authorized to take, in the same manner, any property, the principal of which is to be devoted to the same purposes, or to acquire other or additional lands for cemetery purposes by purchase or otherwise.

invested.

§ 2. The said trustees are directed to invest and keep invested such How fund fund in the public stocks or securities of the state of New York or of to be the United States, or in the county bonds of the county of Ontario, which may be duly issued by the lawful authorities of said county, or upon bond and mortgage upon improved and unincumbered real estate, at one-third its value, situate in said county of Ontario. They shall provide a ledger in which they shall open an account with each separate donation or devise, in which they shall annually enter to the credit of such fund the income thereof for the preceding year, and charge the same with the expenditures therefrom, and the expenses of executing the trust, if any.

how in

shall be

§3. It shall be lawful for the donors of such deposit fund to direct, Donors by will or otherwise, the manner in which the net income of such fund may direct shall be expended, either in the improvement or keeping in repair of come any particular lot or lots, or in the general improvement of the ceme- expended. teries or any part thereof, and in such case the said net income shall be expended by said trustees accordingly. In other cases the said net income shall be expended by them, annually, or otherwise, as they may see fit, in repairing or improving the lot or lots of the person, association or corporation donating the particular fund, or in general repairs or improvements to said cemeteries.

Moneys

to be paid

out on warrant

to give

bond.

§ 4. All moneys received from any source to the credit of such fund shall be paid into the village treasury, and no moneys belonging to such fund shall be paid out except upon a warrant of the trustees of trustees said village drawn upon the treasurer, in the same manner as other Treasurer moneys of said village are paid out and expended. The treasurer of said village, in addition to the bond now by law required to be given by him, shall execute a bond to the trustees of the village of Canandaigua, with sureties to be approved by them, in a sum equal to the amount of money and securities in the hands of said trustees and belonging to the cemetery deposit fund, conditioned for the faithful discharge of his duties as treasurer, and that he will deliver to his successor in office all books, papers, funds and securities in his hands belonging to said fund; and he shall receive the same percentage for his services as custodian of such fund as he now or hereafter may receive as treasurer of said village.

To fix time of opening and closing County offices.

§ 5. This act shall take effect immediately.

CHAP. 118.

AN ACT to amend chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on the boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors as amended by chapter five hundred and forty-three of the laws of eighteen hundred and eighty-one."

PASSED May 2, 1882; 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 eighty-two of the laws of eighteen hundred and seventy-five entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors, as amended by chapter five hundred and forty-three of the laws of eighteen hundred and eighty-one," is hereby further amended by adding thereto the following additional sub-division to section one of said act:

To fix and regulate the time for opening and closing the offices of all county officers who are required by law to have an office, and to keep open the same during the secular days of the week except Sunday, and days known and designated by law as holidays.

§ 2. This act shall take effect immediately.