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L. 1909, ch. 63. § 89 repealed.

$98, subd.

city, to contract with it for the delivery to the city of water for the extinguishment of fires and other public purposes in such portions of the city, but any such contract shall not confer upon the corporation additional rights or franchises, or any right to lay conduits or to supply or distribute water other than stated in such contract,

§2. This act shall take effect immediately.

Chap. 371.

ACT to amend the town law, in relation to preventing and fighting forest fires.

Became a law April 15, 1912, 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. Section eighty-nine of chapter sixty-three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," as amended by chapter four hundred and ninety-one of the laws of nineteen hundred and nine, as amended by chapter six hundred and thirty of the laws of nineteen hundred and ten, is hereby repealed.

2. Subdivision eight of section ninety-eight of such chapter 8, as added 1910, as added thereto by chapter six hundred and thirty of the laws of nineteen hundred and ten is hereby amended to read as follows:1

ch. 630,

amended.

Supervisor

in certain

towns to
be superin-

fires.

such.

8. In towns other than those mentioned in section ninety-seven2 of the conservation law, the supervisor shall, by virtue of his office, tendent of be superintendent of fires of his town and charged with the duty Powers as of preventing and extinguishing forest fires. He shall have power to employ persons to act as forest rangers in preventing and fighting fires and to employ necessary assistants therefor, and shall possess all the power and authority conferred upon the conservation commission, district forest ranger, forest ranger and fire waiden under sections ninety-two2 and ninety-three2 of the conserPenalty for vation law. Any person summoned to fight forest fires who is fight fire. physically able and refuses to assist shall be liable to a penalty of 1 Subd. 8 is materially amended.

refusing to

2 As added by L. 1912, ch. 444, post.

supervisor.

twenty dollars. The town board of each town shall at its first an- Absence nual meeting designate one of its members to act as such superintendent of fires for the ensuing year in case of absence of the supervisor. The town board shall fix the compensation of all forest Compensarangers and assistants employed under the provisions of this sec- expenses. tion and all expenses incurred under the provisions of this section shall be a charge upon and paid by the town.

3. This act shall take effect immediately.

tion;

of

Chap. 372.

AN ACT to amend the Greater New York charter, with respect to assessments for local improvements.

Became a law April 15, 1912, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

378, § 1019, as re-enacted by

Section 1. Section ten hundred and nineteen of the Greater L. 1897, ch. New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, as amended L. 1901, ch. by chapter five hundred and ninety-seven of the laws of nineteen amended by hundred and four, is hereby amended to read as follows:

INTEREST TO BE CHARGED IF ASSESSMENT UNPAID FOR SIXTY DAYS:
PAYMENT IN INSTALMENTS.1

S1019. If any such assessment shall remain unpaid for the period of sixty days after the date of entry thereof on the said record of titles of assessments, it shall be the duty of the officer authorized to collect and receive the amount of such assessment to charge, collect and receive interest thereon, at the rate of seven per centum per annum, to be calculated to the date of payment from the date when such assessment became a lien as provided. by section one hundred and fifty-nine of this act, provided, however, that the officer authorized to collect and receive such assessment shall accept and credit as payments on account of assessments now or hereafter levied against any parcel or plot of property for local improvements in the city of New York, such sums 1 Heading new.

466, and

L. 1904, ch. 597, amended.

of money not less than fifty dollars or multiples thereof in amount, as may be tendered for payment on account of any assessment now or hereafter levied for local improvements against any property. Upon requisition by the collector of assessments and arrears for the assessed valuation of the property affected by any assessment, the commissioners of taxes and assessments or their deputy in the borough in which such property is located, shall forthwith certify the same to said collector.

When the cost of a local improvement shall have been assessed in whole or in part upon the real property deemed benefited, and the assessment therefor upon the real property assessed exceed five per centum of the valuation made for the purpose of annual taxation in the next preceding calendar year, of all the tax lots and tax parcels affected by the assessment, the collector of assessments and arrears, upon the entry thereof in the record of titles of assessments confirmed, shall divide the assessment upon each parcel separately assessed into ten instalments as nearly equal as may be. The first of such instalments shall become due and payable and be a lien upon the real property assessed as provided in this act for an assessment payable in one payment. Of the remaining instalments, one, with interest at the rate of five per centum thereon and on the instalments thereafter to become due, shall become due and payable and be a lien upon the real property assessed annually thereafter, on the same day of the year as the date of the entry of the assessment in the record of titles of assessments. After the time herein specified for an annual instalment and interest to become due, the amount of the lien thereof shall bear interest at the rate of seven per centum per annum. The instalments not due with interest at the rate of five per centum per annum to the date of payment may be paid at any time. The provisions of this act with reference to the sale of tax liens shall apply to the several unpaid instalments and the interest thereon in the same manner as if each instalment and the interest thereon had been imposed as an assessment payable in one payment, at the time such instalment became a lien. In the event of the acquisition by condemnation by the city for public purposes of any property upon which there are instalments not due, such instalments, or, if part only of a parcel separately assessed be acquired, the amount thereof apportioned thereon shall become due as of the date of the confirmation of the report of the com

2 Remainder of section new.

missioners in the condemnation proceedings, and shall be set off against any award that may be made for the property acquired. Except as provided in this section, no such annual instalment shall be a lien or deemed to be an incumbrance upon the title to the real property assessed until it become due as herein provided. § 2. This act shall take effect on the first day of September, nineteen hundred and twelve.

In effect

Sept. 1, 1912.

Chap. 373.

AN ACT to authorize the city of Buffalo to issue its bonds for the purpose of providing funds for the construction, reconstruction and enlargement of public trunk sewers.

Became a law April 15, 1912, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

Section 1. The city of Buffalo is hereby authorized to issue its bonds from time to time, in a sum not to exceed in the aggregate, two million dollars, for the purpose of providing funds for the construction of public trunk sewers, and for the enlargement or reconstruction of existing public trunk sewers. Such bonds shall be issued under the city seal by the mayor and comptroller, from time to time, as ordered by the common council. Such bonds shall be issued and sold or awarded in the manner provided by the charter of said city, being chapter one hundred and five of the laws of eighteen hundred and ninety-one, and the acts amendatory thereof, and shall bear interest at a rate not exceeding four and one-half per centum per annum, payable semi-annually at the office of the comptroller of the city of Buffalo, or at the Gallatin national bank in the city of New York, as the purchaser may elect, the principal to be payable at the same place at the end of a term of fifty years from the date of issue. It shall not be lawful for said city of Buffalo to issue in any one fiscal year bonds provided for by this act in excess of five hundred thousand dollars. The common council shall make provision in the general fund estimates of said city for the payment of the interest on and the principal of said bonds as the same shall become due.

2. This act shall take effect immediately.

L. 1891, ch. 105, § 27 amended.

Release of

liability on

given to the city.

Chap. 374.

AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," relating to the cancellation of certain classes of bonds given to said city.

Became a law April 15, 1912, with the approval of the Governor. Passca, three-fifths being present.

Accepted by the City.

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

Section 1. Section twenty-seven of chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," is hereby amended to read as follows:

§ 27. No liability for the breach of any bond or undertaking undertaking required by this act shall be released. 'Bonds given to the city or any of its officers to secure the payment of moneys deposited by the city with banks and trust companies may, however, in cases only where there has been no breach thereof, be released as to future liability and canceled by a certificate to that effect executed by the treasurer, a copy of which shall be kept on file in the office of the treasurer. Such release and cancellation shall not affect the liability of the parties to said bond for any act or default committed prior to the date of the execution of such certificate. Other bonds and undertakings given to the city may, in cases only where there has been no breach thereof, be released and canceled as to future liability by resolution of the common council when approved by the mayor. No such release or cancellation shall be valid where there has been a breach of any bond or undertaking Release of prior to such release or cancellation. Other liabilities to the city may be released by a resolution of the common council passed by a unanimous vote of all the members elected to each board when approved by the mayor; but fines and penalties incurred under this act or any ordinance may be released or remitted by a resolution of the common council passed by a vote of two-thirds of all the members elected to each board when approved by the mayor. § 2. This act shall take effect immediately.

other

liabilities.

1 Remainder of section, except last sentence, new.

2 Word "act" substituted for word "title."

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