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Chap. 255.

AN ACT to amend the charter of the city of Oneida, in relation to street railways.

Became a law April 19, 1920, with the approval of the Governor.

three-fifths being present.

Passed,

Accepted by the City.

L. 1911, ch. 648. § 89,

cl. amended.

The People of the

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

Section 1. Section eighty-nine of chapter six hundred and as annded forty-eight of the laws of nineteen hundred and eleven, entitled 63,916, "An act to revise, consolidate and amend generally chapter two hundred and twenty-five of the laws of nineteen hundred and one, known as the charter of the city of Oneida,' and the several acts amendatory thereof, and repealing certain acts," as amended by chapter sixty-three of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

889. Street railways. Any railway company, so long as it shall continue to use any of its tracks in any street of the city, shall pave and improve and repave and keep in permanent repair that portion of said street between its tracks and the rails of its tracks and two feet outside of its rails on each side of its tracks under the supervision of the common council, whenever required by it to do so and in such manner as it shall prescribe, and said railway company to furnish all materials and do and perform all the work in connection therewith. In case of the neglect of the railway company to make pavements or repairs after the expiration of thirty days' notice so to do, the common council may make the same at the expense of said company and such expense shall be assessed against such railway company and the amount thereof shall be collected in the same manner as general city taxes or may be recovered by action as provided in section one hundred and eighty-one of this act; 'or at the option of the common council in case such assessment is not paid in the manner provided in section ninety-six of this act the same may be included in bonds issued for unpaid assessments for such improvement, one-tenth thereof payable cach year as provided in section ninety-seven of this act, and said railway company shall pay its assessments

1 Remainder of section new.

annually in the same manner as abutting property owners along the line of such improvement. In case of default of said railway company in making payment of the annual assessments against it on account of said improvement or either of them, the same may be recovered by action on the part of the city as they or either of them fall due, and said railway company shall not be cntitled to question in any such action the legality or regularity of such assessment, and the city shall not lose any lien it may have on the property of such railway company for making such improvement by reason of the recovery of judgment or judgments against such railway company because of its failure to pay such annual assessments or either of them; that the right to collect the cost of paving or repairing the railroad strip in ten annual payments as above provided shall apply to work already pending and under construction as well as to work which shall hereafter be undertaken.

§ 2. This act shall take effect immediately.

Chap. 256.

AN ACT to amend chapter eighty-seven of the laws of eighteen hundred and ninety-three, entitled "An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred and sixty-eight, entitled 'An act to incorporate the city of Ogdensburg,' and the acts amending the same," in relation to acting recorder.

Became a law April 19, 1920, 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. Section sixty-nine of chapter eighty-seven of the laws of eighteen hundred and ninety-three, entitled "An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred and sixty-eight, entitled 'An act to incorporate the city of Ogdensburg,' and the acts amending the same," as amended by chapter two hundred and ninety-nine of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows:1

1 Section materially amended.

[blocks in formation]

Acting recorder;

designa

tion. powers,

fees.

§ 69. Whenever there shall be a vacancy in the office of re
corder, or in case of his absence or inability to act, by reason of
sickness, interest or any other cause, any attorney and counselor
of the supreme court, residing in said city, and designated by the
mayor by written designation filed with the city clerk during each
such temporary disability or absence, shall have the same juris
diction and power in criminal proceedings as is conferred upor
the recorder, and shall be entitled to the fees prescribed by law
for such services, not to exceed five dollars for all terms of court
held the same day, to be paid by the city, in case of vacancy in
the office or disability of the recorder by reason of sickness or
death in his immediate family, otherwise by the recorder, and
while so acting such person shall be deemed acting recordler.
§ 2. This act shall take effect immediately.

1

L. 1893, ch. 37, § 112,

amended

by L. 1915,

ch. 525, amended.

Chap. 257.

AN ACT to amend chapter eighty-seven of the laws of eighteer
hundred and ninety-three, entitled "An act to amend chapter
three hundred and thirty-five of the laws of eighteen hundred
and sixty-eight, entitled 'An act to incorporate the city of
Ogdensburg,' and the acts amending the same," in relation to
penalties for violations of water regulations.

Became a law April 19, 1920, 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. Subdivision five of section one hundred and twelve subd. 5, as of chapter eighty-seven of the laws of eighteen hundred and ninety-three, entitled "An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred and sixty-eight, entitled 'An act to incorporate the city of Ogdensburg,' and the acts amending the same," as last amended by chapter five hun dred and twenty-five of the laws of nineteen hundred and fifteen,' is hereby amended to read as follows:

Water

5. To adopt and enforce rules and regulations not inconsistent gulations. with the laws of the state governing the tapping of water mains

1 Previously amended by L. 1894, ch. 395.

for viola

in said city and the use of the water therefrom, or from the hydrants connected therewith, and to prevent the waste of water. Any person or persons violating any such rules or regulations Penalty shall be liable to a penalty of twenty dollars for each offense to tion. be sued for and collected by and in the name of the city of Ogdensburg, and, in the case of an owner or occupant,2 shall forfeit all water rents previously paid. And said board may also cause the water to be shut off from the premises of the person so offending, if owner or occupant, until such penalty, together with a charge not exceeding ten dollars for turning off and turning on the water, shall be paid.

§ 2. This act shall take effect immediately.

Chap. 258.

AN ACT to amend chapter eight hundred and fifty-eight of the laws of eighteen hundred and sixty-seven, entitled "An act to amend the statutes in reference to the collection of taxes in the county of Onondaga," in relation to time of publication of notices.

Became a law April 19, 1920, 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:

858. $$ 6,

by L. 1918,

Section 1. Sections six and nine of chapter eight hundred and L. 1867, ch. fifty-eight of the laws of eighteen hundred and sixty-seven, 9, as entitled "An act to amend the statutes in reference to the col- amended lection of taxes in the county of Onondaga," as last amended by ch. 1 chapter one hundred and twenty-nine of the laws of nineteen hundred and eighteen,1 are hereby amended to read as follows:

amended.

of list an.1

6. The county treasurer shall, immediately after the expira- rublication tion of such six months cause to be published once in each week notice of for three weeks, in at least two daily newspapers published sale. in said county, a list or statement of the real estate charged with

1a

2 Words" in the case of an owner or occupant," new. Words "if owner or occupant, until such penalty," new.

1 Section 6 previously amended by L. 1869, ch. 154; L. 1899, ch. 263; L. 1900, ch. 102; L. 1902, ch. 100. Section 9 previously amended by L. 1899, ch. 263; L. 1900, ch. 102; L. 1901, ch. 381; L. 1902, ch. 100.

1a Formerly "four."

publication.

such taxes, interest, expenses and other charges, and so liable to be sold, and also a notice that such real estate will, on a day sub sequent to the expiration of the said three weeks, specified in such notice, and the succeeding days, be sold at public auction at the court house in the city of Syracuse, to discharge the taxes, interest, charges and expenses, that may be due thereon at the time of such sale.3 Such notice shall be printed in the newspapers in which such notices are published in agate type, standard column width, twelve and one-half pica ems wide. Proof of Proof of the due publication of such list and notice in each newspaper shall, within twenty days after the last publication thereof, be made and filed in the office of the county clerk of said county who shall cause the same to be properly indexed. No error or imperfection in any list made up or published shall render any sale void or in any manner affect its validity. On the day of sale specified in the said notice the county treasurer shall commence the sale of such real estate, and he shall continue the sale from day to day until the same shall be disposed of. The county treasurer may, in his discretion, decline to receive any bid on any parcel of land, if, in his opinion, it is made by or for any person not acting in good faith, and any such land shall be sold at such sale the same as if such bid had not been made thereon. In case no purchaser bids the amount for county. due on any lot or parcel, the county treasurer shall bid in such lot or parcel for the county, and it shall be his duty to bid in for the county all lands which have been bid in for the county at any prior tax sale and which have not been duly redeemed or the certificates of sale for which have not been sold or signed. The treasurer shall make certificates of sale for all lands so bid in by him, describing the lands purchased and specifying the time when a deed therefor can be obtained. Such purchases shall be subject to the same right of redemption as purchases by individuals; and if the land so sold shall not be redeemed the county treasurer's deed therefor shall have the same effect and become absolute in the same time, and on the performance of like conditions, as in the case of sale and conveyances to individuals. The treasurer may sell and assign any certificate of sale of lands bid in for the county at any time before the expira

Purchases

Sale or

assign

ment of certificates.

2 Formerly

four."

3 Remainder of sentence omitted which read: ", the publishing of the said notice not to exceed the sum of one dollar for each notice so published for each newspaper publishing the same." Following sentence new.

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