notice. creditor, owner, occupant or other person interested in such property Service of or premises of their rights therein, to serve such written notice by depositing it in the post-office properly folded and directed to such mortgagee, judgment creditor, owner, occupant or other person interested therein at Binghamton, New York. Within one month after the service of such notice it shall be the duty of the person serving, or causing the same to be served, to file in the clerk's office a copy of the notice served, together with the affidavit of some credible person, certified as such by the officer before whom such affidavit is taken, proving the due service of the notice. Proceedings for grading, repairing streets. § 5. Section thirteen of title eight of said act is hereby amended so as to read as follows: § 13. Before the grading and paving or repaving of the roadway of any street or part of any street shall be ordered by the common counpaving or cil, it shall be necessary that a majority of all the owners or authorized agents of real estate fronting upon such street or part of street, representing a majority of the taxable property fronting thereon as appears upon the last assessment-roll of said city, petition or consent that the same shall be done. Whenever upon such petition or consent the common council shall order such grading and paving or repaving, the clerk shall advertise for proposals for doing the same, as herein provided. Upon the acceptance of any proposal, the expense of such grading and paving or repaving, including assessing and printing, surveying and engineering, shall be assessed by the clerk upon and among the owners of real estate fronting upon such street or part of street in proportion to the number of feet front which each owns thereon; and where a street or part of street is graded and paved or repaved, which is intersected by a street or streets, alley or lane, used as a public highway, the expense of grading and paving or repaving the number of feet of the intersection, as aforesaid, shall be equalized among the owners of the real estate fronting upon such stree or part of street so graded and paved or repaved. The assessment-roll shall then be made out in the manner, and the same proceedings thereon had, and it shall be collected in the same manner as the assessmentroll for the expense of opening streets. The clerk shall be entitled to receive two dollars per day for each day actually employed by him in Expense. making out such assessment. When such street or part of street, as aforesaid, shall be graded and paved for the first time, two-thirds only of the expense of the same shall be assessed to and collected from said owners, and when said street or part of street shall be repaved, onehalf only of the expense of the same shall be assessed and collected from said owners. The remainder, in case of grading and paving or repaving, shall be paid from the highway fund, or the common council may, at their discretion, raise such remainder in the next annual tax-roll in addition to the amounts authorized to be raised by section one of title seven of this act. All repairs on said streets or parts of streets, not including grading and paving or repaving, as aforesaid, shall be done at the expense of the city. Per diem of clerk. Expense of maintaining walks. §. Section fourteen of title eight of said act is hereby amended so as to read as follows: § 14. The building and maintaining in good order of all sidewalks, the grading, trestling and settling of curbstones therefor, and the building of necessary retain-walls to prevent the earth from caving from underneath said walks, shall be done at the expense of the premises in front of which they are required, or at the expense of the owners thereof, and whenever it shall become necessary to do any such work the common council shall order it, done without a time specified, and in case said premises shall be in the actual occupation of any person, such person or the owner of the premises shall be served with a notice, in which shall be stated in general terms what has been ordered to be done and the time within which it has been required; such notice shall be signed by the city clerk, and shall be served personally or by leaving it with some person of suitable age at the place of residence of such occupant or owner, or it may be served by depositing it in the post-office properly folded and directed to such occupant or owner at Binghamton, New York; an affidavit stating the time and manner of the service of such notice shall be made by any person having knowledge thereof and filed with the clerk, which affidavit, when so filed, shall be presumptive evidence in all courts of the facts therein contained. tendent to for doing ment-roll. If any work shall not be done within the time limited therefor, the When superintendent of streets shall by contract or otherwise cause it to be superindone, and shall forthwith present a statement of the expense thereof, contract with a description of the premises in front of which the work shall have of work. been done, to the common council, which shall assess the expense of said work with ten per centum additional upon said premises or upon the owner thereof, and in case said premises shall not be in the actual occupation of any person, the common council may direct the superintendent of streets to cause such work to be done forthwith and without any notice and the expense thereof so assessed. The clerk shall Assessmake out the assessment-roll, and the same proceedings shall be had to collect the assessments thereon as in this act provided for the collection of assessments for opening streets; assessments upon several different persons and premises may be included in the same roll. The common council may also, in its discretion, allow the bill for such expenses, and, with or without its payment, forth with direct the clerk to issue a warrant to any constable of the city, commanding him to collect the amount thereof by distress and sale of the goods and chattels of the owner of said premises in the same manner as the city taxes are directed in this act to be collected. In case any sidewalk shall be Credit to paved or curbed with stone for the first time, not to exceed three-fourths case of of the value of such paving and curbing may be credited to the owner walks of said premises on that portion of the city tax levied for highway arst time. purposes. §7. Section six of title fourteen of said act is hereby amended so as to read as follows: owner in paved for malfeas of officers § 6. The city of Binghamton shall not be liable to any person or City not corporation for the malfeasance, misfeasance or negligence of any offi- liable for cer or officers, agent, servant or employee who may be elected, appointed ance, etc.. or employed pursuant to the provisions of this act; but any such offi- etc. cer or officers may be compelled by mandamus to perform any or all of the duties prescribed for him or them by law or the provisions of this act, and shall, together with any agent, servant or employee aforesaid, be deemed guilty of a misdemeanor for any willful or gross neglect or intentional violation of duty under this act; and in addition thereto be liable for all damages sustained by reason of such willful or gross negligence or intentional violation of duty; but no action shall be maintained against any such officer, agent, servant or employee, except for willful or gross neglect or intentional violation of duty. Every person elected or appointed to any office under this act, who shall be sued for any act done, or commenced to be done in virtue of his office, and who shall have final judgment rendered in his favor, whereby he Annual taxes for payment of water bonds. Bonds may issue for amount falling due in excess of $1000. Interest. shall be entitled to costs, shall recover twice the amount of his taxed costs. § 8. All acts and parts of acts inconsistent herewith are hereby repealed. § 9. This act shall take effect immediately. CHAP. 115. AN ACT to provide for the payment of water bonds issued by the village of Goshen in the county of Orange. PASSED April 19, 1881; 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 trustees of the village of Goshen, in the county of Orange, shall, after the passage of this act, cause to be raised annually by tax the sum of one thousand dollars, which amount shall be assessed and collected in the manner now required by law for the assessment and collection of the other taxes of said village, and which sum, when collected, shall be paid to the water commissioners of said village, and by them be applied to the payment of the principal of such water bonds as have been or may be hereafter issued by said village, and which shall become due and payable in such year. § 2. In case the amount of principal of any water bonds issued by said village, which shall become due and payable in any one year, shall exceed the sum of one thousand dollars, then, and in that case, the water commissioners of said village are authorized and empowered to issue bonds upon the credit of said village to such an amount, not exceeding the sum of two thousand dollars in any one year, as shall be sufficient to pay the balance of the principal of such water bonds as may become due in such year and shall remain unpaid, after applying to the payment thereof the aforesaid sum of one thousand dollars as above directed. The bonds hereby authorized to be issued shall be at a rate of interest not exceeding six per centum per annum, and shall be made payable in sums not exceeding in the aggregate one thousand dollars in any one year, the first of which sums of one thousand dollars, secured to be paid by said bonds so to be issued, shall be made payable on the first day of July in the year eighteen hundred and eighty-seven, and the sum of one thousand dollars, in like manner secured, shall be made payable on the first day of July in each succeeding year thereafter. No bond to No water bonds authorized to be issued by this act shall be issued after the first day of July, eighteen hundred and ninety-six, nor shall any such bonds be issued in any preceding year, except in case the principal of water bonds heretofore issued and falling due in such year shall exceed in amount the sum of one thousand dollars, and then only for the excess of such principal over the sum of one thousand dollars, and not exceeding two thousand dollars. be issued after July 1, 1896. Bonds to auction. §3. The said water bonds hereby authorized to be issued shall be be sold at sold and disposed of, at public auction, to the highest bidder, at not less than their par value, by the said water commissioners, who shall cause two weeks' previous notice of the time and place of such sale to be published in the newspapers published in said village. The proceeds of such bonds so sold shall be applied to the payment, by said water only to be tion of commissioners, of the principal of any water bonds heretofore issued by said village, as they shall become due, subject to the provisions of this act. No payment on account of the principal due upon any water Payments bond heretofore issued, or which may be hereafter issued, pursuant to made on the provisions of this act, shall be made, except upon presentation to presentathe water commissioners at the time of such payment of the bond upon bond. which such principal is due, and upon the payment thereof, such bond shall be forthwith canceled in the presence of the president of the village by said water commissioners, and such bond, when so canceled, shall be filed by said water commissioners, together with any water bonds heretofore paid or canceled by them, or their predecessors in office, with the records of the said village. § 4. All acts and parts of acts relating to the supplying of said village with water, which are inconsistent with the provisions of this act, are hereby repealed. § 5. This act shall take effect immediately. CHAP. 116. AN ACT to repeal chapter two hundred and fifty-four of the laws of eighteen hundred and eighty, entitled "An act to exempt certain corporations from the provisions of section five, six and eight, title four, chapter eighteen, part one of the Revised Statutes, entitled 'Special provisions relating to certain corporations."" PASSED April 19, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter two hundred and fifty-four of the laws of eighteen hundred and eighty, entitled "An act to exempt certain corporations from the provisions of section five, six and eight, title four, chapter eighteen, part one of the Revised Statutes, entitled 'Special provisions relating to certain corporations,"" is hereby repealed. § 2. This act shall take effect immediately. CHAP. 117. AN ACT to amend chapter four hundred and eighty-four of the laws of eighteen hundred and eighty, entitled "An act in relation to plankroad and turnpike companies." PASSED April 19, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter four hundred and eighty-four of the laws of eighteen hundred and eighty, entitled "An act in relation to plankroads and turnpike companies," is hereby amended so as to read as follows: Whenever, by oversight or mistake, consent has not statement §1. Whenever, by oversight or mistake, the officers of any plankroad company or turnpike company have neglected to make, file and record in the office of the clerk of the county or counties in which such plankroad or turnpike road is located, within one year before the been filed; expiration of the term of the corporate existence of such company, and in the office of the secretary of state, the consent provided for in section one of chapter one hundred and thirty-five, of the laws of and corpo- eighteen hundred and seventy-six, and a statement showing the actual existence capital expended in the construction of any such plankroad or turnextended. pike road, exclusive of repairs, together with the consent, in writing, and consent may be filed, rate Term for which from the persons owning two-thirds of the capital stock of such company, and a statement of the number of years which they shall desire such corporate existence extended and the name of each town or ward through or into which such road passes, it shall be lawful for such companies to make and file in the office of the secretary of state and in the office of the clerk of the county in which such companies may be situate, a statement showing the actual capital expended in the construction of any such plankroad or turnpike road, exclusive of repairs, together with the written consent of a majority of the supervisors of the county or counties in which said companies are located, and the consent in writing of the persons owning two-thirds of the capital stock of such companies, respectively, consenting to their or its corporate existence; then, in such case, the corporate existence of such extended. Company or companies is hereby renewed, revived and extended for not more than thirty years, or for less time as may be specified and stated in such statements and consents, and it is also herein further provided that if the consent of the persons owning two-thirds of the stock of said companies, respectively, cannot be obtained by reasons of removal or absence from their last known place of residence, then, in such case, the consent of the persons owning two-thirds of the stock whose location or residence is known or ascertained shall be deemed and considered as sufficient consent on the part of the stockholders to the extension of the corporate existence of such plank road or turnpike company or companies, provided further that public notice be first given by the president or secretary of such company for four weeks by advertisement in the state paper and in not less than two newspapers published in the county in which such roads are located, of the intention to extend the corporate existence of said plank road or turnpike company. Official bond. § 2. The provisions of this act shall not apply to the counties of Ulster, Herkimer and Otsego. § 3. This act shall take effect immediately. CHAP. 118. AN ACT requiring clerks of the counties of this state to execute bonds for the faithful discharge of their duties and to account for and pay over all moneys deposited with them, as such clerks, pursuant to the order of courts. PASSED April 19, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Except where otherwise provided by law, it shall be the duty of each county clerk hereafter elected, upon assuming the duties |
