meeting to

posted.

spection.

board of

contract.

in said statement, and whether by issuing bonds in payment therefor
or by immediate tax. The notice of said meeting shall be published Notice of
for two weeks in succession in at least two papers published weekly in be pub-
said district, or if there be no paper published in said district, the lished or
notice of said meeting shall be posted for the same length of time
in at least fifty public places in said district, and a certificate
sworn to by the publishers of said papers, or a certificate sworn to
by the poster of said notices, as the case may be, stating that notice
was published or posted as the law directs, shall be filed with the
clerk of the board of education, and entered on the minutes of the
board, at the first meeting held thereafter; said notice shall state the Contents
purpose for which said meeting is called, and the amount to be author- of notice.
ized by the sale of bonds or otherwise. From the date of the publica- Plans and
tion or posting of the notice to the day of meeting the plans and tions to be
specifications shall be in the care and custody of the clerk of the open to in-
district, or such other person as the board may designate, and be
open to the inspection of any one entitled to vote at said meeting.
Whenever, at such meeting, a majority of votes cast shall be in favor when
of raising the amount named in the notice of meeting, the board of education
education shall take such steps, as to them may seem necessary, to to
build such school-house or school-houses or enlargements, by contracting
with responsible parties for the several kinds of work required by said
plans and specifications; and if the people so elect to issue bonds, not May issue
exceeding the amount authorized by the vote of the people at said
meeting to pay for the same, said bonds shall be of such denomination
as may be convenient, and not have over twenty-one years to run, nor
less than three years, and be made payable between those times in such
amounts as may be the least burdensome to the people, always, provided, Proviso.
that some portion thereof shall be paid each year as aforesaid; and it Payments.
shall be the duty of the board of education to raise by taxation, in
each year, the amount necessary to pay the interest due and the bonds
maturing in each year. The bonds shall not be sold below par; shall Execu-
bear interest not to exceed seven per cent per annum, payable annu- tion, sale,
ally, and shall be signed by the president and secretary of the board of interest of
education, and countersigned by the district treasurer, each of whom
shall keep a separate record of the bonds signed by him, showing the
amount, the date of issue, to whom issued and when due, and shall
deliver to his successor in office such record, together with all similar
records received by him from his predecessor. And the said board of Board to
education shall cause to be published, in their annual report, a state- annually
ment of the amount of bonds paid during the previous year, and the condition
amount outstanding, and at the first regular meeting of said board debt.
held after said annual report is made out, shall destroy all bonds which Destruc-
have been paid off, and the treasurer of the district shall deliver said bonds.
bonds to said board, at the meeting aforesaid for that purpose.

82 All acts or parts of acts inconsistent with this act are hereby
repealed.

3. This act shall take effect immediately.

bonds.

and

bonds, etc.

report

of bonded

tion of

Certificates of indebted

ness may be issued not

CHAP. 30.

AN ACT to authorize the county of Kings to raise moneys to continue relief supplies to the outdoor poor.

PASSED March 3, 1877; three-fifths being present.

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

SECTION 1. The board of supervisors of Kings county are hereby authorized to issue certificates of indebtedness of said county to an amount not exceeding forty thousand dollars, and apply the proceeds thereof to the payment of supplies purchased or to be purchased for exceeding the relief of the outdoor poor, under such regulations as they may adopt; such certificates to be in such form and tenor as they may prescribe, to draw interest not exceeding seven per cent per annum, and shall be made payable in one year from date; and the amount thus raised shall be levied and collected in the taxes for the next coming fiscal year, after the passage of this act.

$40,000.

Payment

of same and interest.

Law

§ 2. This act shall take effect immediately.

CHAP. 31.

AN ACT to amend chapter one hundred and thirty-three of the laws of eighteen hundred and forty-seven, entitled "An act authorizing the incorporation of rural cemetery associations."

PASSED March 3, 1877; three-fifths being present.

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

SECTION 1. Section ten of chapter one hundred and thirty-three of amended. the laws of eighteen hundred and forty-seven, entitled "An act authorizing the incorporation of rural cemetery associations," is hereby amended so as to read as follows:

Exemption of property, etc.

rights.

§ 10. The cemetery lands and property of any association formed pursuant to this act, and any property held in trust by it for any of the purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any Individual individual proprietor. But the proprietors of lots or plots in such cemeteries, their heirs or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery, and during that time no street, road, avenue or thoroughroads and fare shall be laid out through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the consent of the trustees of such association, except by special permission of the legislature of the State.

Streets,

avenues

through,

laying

out of.

CHAP. 32.

AN ACT to amend chapter one hundred and seventy-one of the laws of eighteen hundred and fifty-seven, entitled "An act to revise, amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango," passed March twenty-third, eighteen hundred and fifty-seven, and other acts amendatory thereof.

PASSED March 3, 1877; three-fifths being present.

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

SECTION 1. Section seven of chapter one hundred and seventy-one Law of laws of eighteen hundred and fifty-seven, entitled "An act to revise, amended. amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango," is hereby amended so as to read as follows:

to be held

§ 7. The annual election under this act shall be held on the third Annual Monday of March, eighteen hundred and seventy-seven, and in each elections successive year thereafter, on the first Monday of March, at such place arst as the trustees, for the time being, shall, by notice, appoint. If no March. Monday of such place be appointed, then at the place where the last annual elec- Place of tion was held. If such trustees shall deem such place at the time holding. improper, an adjournment may be had to any proper place in said village, by a vote of the electors then assembled, not less than twentyfive in number, taken between the hours of nine and ten o'clock, in the forenoon, in which case the election shall be held at the place to which such adjournment shall be had. It shall be the duty of the Trustees trustees to give at least two weeks' notice of the time and place of the to give two annual election, by publishing the same in the newspapers printed in tice, etc. said village, or by posting notices in ten public places in said village; Election but the want of giving such notice shall not affect the validity of any annual election held as in this section provided.

weeks' no

dated by

not inval

want of

2. The seventh subdivision, or paragraph, of section eleven of notice. said act is hereby amended so as to read as follows:

etc., power

7. To prohibit the incumbering of the sidewalks, highways, streets Sidewalks, and public grounds of said village, and to cause buildings and other highways, structures, extending over or encroaching thereon, and materials or of trustees other things incumbering the same, to be removed at the expense of to prevent the owners, or person or persons authorizing or maintaining such ing or encroachments, which expense may be recovered of such persons by an action brought in the corporate name of the village.

§ 3. After the twenty-fourth subdivision or paragraph of section eleven, said act is hereby amended by inserting the following additional paragraphs.

incumber

encroach

ing upon.

ice Cleaning

sidewalks.

25. To compel all persons and corporations to remove snow, and dirt from the sidewalks in front of the premises owned, occupied of or controlled by said persons, under such penalty as the trustees may, by their by-laws, prescribe, to be collected by action in the corporate name of the village.

raised for

26. To set aside from the money authorized to be raised for making Moneys and keeping the streets, side and crosswalks, sewers, ditches and street sluices in repair, as provided by this act, such sum as may be neces- purposes

may be

cleaning

applied to sary to keep the sidewalks on Broad street, adjoining the public parks, free from snow, and for scraping the snow from the side and crosswalks of said village, during the winter, and to employ a person or persons to run a scraper or scrapers for that purpose, and pay them with the funds thus set aside.

certain walks of snow.

Powers

collector

in relation

taxes.

§ 4. Section thirty-four of said act is hereby amended so as to read as follows:

§ 34. The collector shall proceed to collect the unpaid taxes on said and duties tax-roll with five per cent for collection; and the collector thereof shall have and possess all the powers and authority conferred by law upon to unpaid the collectors of towns, and shall pay over all moneys collected by him and not previously paid to the village treasurer, at the time mentioned in the warrant and take his receipt therefor, retaining his fees for collection. At the expiration of the time mentioned in the warrant, the collector shall return the same to the trustees of the village together with a statement of all taxes not collected, if any, and the reason of the failure to collect the same, and containing the names of the delinquents and a description of the property and the amount of the taxes as in the tax roll, and that he has not, upon diligent inquiry, been able to discover any goods or chattels belonging to, or in the possession of, the person liable to pay such tax, whereupon he could levy and collect the same, which return shall be verified by the affidavit of the collector and delivered therewith. The collector shall be liable to pay over the whole amount of such tax-roll, except the amount of such taxes as he shall have returned unpaid and uncollectible.

Trustees

may bring actions

linquent

Interest recoverable.

§ 5. Section thirty-six of said act is hereby amended so as to read as follows:

§ 36. In addition to the foregoing provisions for the collection of village taxes, the trustees may bring an action therefor before any against de- justice of the peace of said village or other court having jurisdiction of tax payers. the action in the corporate name of the village against any delinquent neglecting or refusing to pay such tax, and recover in such action the amount of such tax, with twelve per cent interest per annum, as provided in section thirty-three of this act, and costs; and all tax and Evidence. assessment rolls, and tax lists and duplicates thereof delivered to the collector or filed with the clerk, or certified copies thereof, shall be prima facie evidence in all courts and places, actions and proceedings, that the taxes or assessments therein contained have been duly and regularly assessed, and are unpaid, and the right of recovery thereof. Lien of The judgment obtained in such action shall become a lien upon any judgment. real estate which such person may possess in said village, upon filing a

May
re-assess
each de-

transcript thereof in the office of the clerk of Chenango county, showing that such judgment was obtained for such unpaid tax; or such trustees may, in their discretion, re-assess such unpaid tax, including linquent. the unpaid taxes of the year eighteen hundred and seventy-six, against such delinquent, and insert the amount so re-assessed in the next taxroll of said village, and collect the same as other village taxes are colProperty lected. In case any real or personal property, subject to taxation, or any poll-tax shall, for any reason, be omitted upon any assessment roll, including all assessment rolls for the year eighteen hundred and re-assess- seventy-six, the trustees shall re-assess and levy the same in the next ing of, etc. tax-roll of the village at the same rate at which it should have been assessed upon the previous tax-roll.

omitted

from assessment roll,

§ 6. Section forty-three of said act is hereby amended so as to read as follows:

may

and

of

and

and credit

same to

etc.

§ 43. The trustees as such commissioners of highway shall have Trustees power, in their discretion, to authorize any owner or owners, or occu- authorize pants of any lands or lots adjoining any street in said village, to lay flagging down flagging, plank, or other permanent sidewalks, and to pave and planking curb such street in front of said lots, and to allow to such person or sidewalks, persons such sum as said board shall by their by-laws or resolution curbing establish, in payment or in part payment for the same. The said trus- paving of tees shall immediately after the completion of such sidewalk, curbing streets, or paving and acceptance thereof by said board, issue to the person or the expersons entitled thereto a certificate signed by the president and clerk pense of of the village stating the amount to be so allowed to such person or owners, party, the amount and kind of sidewalk, curbing or paving put down by such person or party, and the time and place where and when the same was laid, whereupon such person shall be credited with the value of such flagging on the flagging book to be kept by the clerk, which credit shall remain a fund out of which the subsequent taxes for street purposes of such person or his assigns may be paid, until the same is exhausted and shall be applied by the trustees in payment of such taxes. Such credit may be transferred by assignment indorsed on the certificate and entered on the flagging book, which book shall be conclusive evidence of the ownership of such credit so far as may concern its application for taxes.

unpaid

be made

§ 7. All taxes and assessments, by virtue of chapter one hundred Sale of and seventy-one, of the laws of eighteen hundred and fifty-seven, and lands for the various acts amendatory thereof, shall be a lien upon the real taxes may estate upon which they are charged, and in addition to the powers for a term conferred by said act and the amendments there to the trustees of said of years. village, on the return of the collector of any warrant issued by them and in case of the non-payment of the expenses paid or incurred by said trustees, under the provisions of section five, of chapter seven hundred and sixty-three, of the laws of eighteen hundred and seventyone, may order said collector to advertise and sell such real estate, or any part thereof, at public auction, for a term of time for the payment of such tax or assessment or expenses incurred as aforesaid. On Notice receiving such order in writing the collector shall advertise and sell such real estate as it may designate, by first giving four weeks' notice in a public newspaper, published in said village, and posting printed copies of such notice in four or more public places in said village, of the time and place of sale, the person against whom such taxes are assessed or expenses incurred, their amount respectively, the time when levied, their general object and a description of the real estate to be sold. At the time mentioned in such notice of sale the real estate so Sale. advertised shall be sold under the direction of the trustees, by the collector, who shall act as auctioneer, or in case of his absence or refusal to act, by such person as may be appointed by said trustees, and said real estate shall be sold for the shortest time for which any person will purchase the same and pay such tax or assessment, or the expenses incurred as aforesaid, with interest, and the costs of such sale, which costs shall in no case exceed the sum of twenty dollars.

redeem

months.

§ 8. If the owner or owners of such real estate, or his or their heirs Owner or assigns shall not, within six months after such sale, pay or cause to may be paid such tax or assessment or expenses as aforesaid, and the costs within six of such advertisement and sale, and the interest thereon at ten per Certificate cent per annum, the trustees shall deliver to the purchaser thereof a of sale. certificate of such sale, signed by the president, and file a duplicate thereof with the clerk.