cute con ances and clusive of regu larity. Chap. 448. AN ACT to amend chapter four hundred and twenty-seven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands for unpaid taxes." PASSED June 9, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixty-five of chapter four hundred and twentyseven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands for unpaid taxes," is hereby amended so as to read as follows: Comptrol- § 65. Such conveyances shall be executed by the comptroller, under ler to ex his hand and seal, and the execution thereof shall be witnessed by the veyances. treasurer or deputy comptroller, and all such conveyances that have Convey been heretofore executed by the comptroller, and all conveyances of certifi- the same lands by his grantee or grantees therein named, after having cates con- been recorded for two years in the office of the clerk of the county in evidence which the lands conveyed thereby are located, and all outstanding certificates of a tax sale heretofore held by the comptroller that shall have remained in force for two years after the last day allowed by law to redeem from such sale shall, six months after this act takes effect, be conclusive evidence that the sale and all proceedings prior thereto, from and including the assessment of the land and all notices required by law to be given previous to the expiration of the two years allowed by law to redeem, were regular and were regularly given, published and served according to the provisions of this act, and all laws directing or requiring Ibid. pre- the same, or in any manner relating thereto, and all other conveyances or sumptive evidence. certificates heretofore or hereafter executed or issued by the comptroller, shall be presumptive evidence of the regularity of all the said proceedings and matters hereinbefore recited, and shall be conclusive evidence thereof from and after the expiration of two years from the date of recording such other conveyances or of four years from and Convey after the date of issuing such other certificates. But all such convey ances, etc., subject to cancella ances and certificates and the taxes and tax sales on which they are based, shall be subject to cancellation, as now provided by law, on a direct application to the comptroller or an action brought before a comcomptrol petent court therefor, by reason of the legal payment of such taxes, or by reason of the levying of such taxes by a town or ward having no legal right to assess the land on which they are laid. tion by ler. Act applicable only ed. § 2. The provisions of this act are hereby made applicable only to to coun- the following counties, namely: Clinton, Delaware, Essex, Frauklin, ties nam Fulton, Greene, Hamilton, Herkimer, Lewis, Saratoga, St. Lawrence, Sullivan, Ulster, Warren and Washington, but shall not affect any action, proceeding or application pending at the time of its passage; nor any action that shall be begun, proceeding taken, or application duly made within six months thereafter for the purpose of vacating any tax sale or any conveyance or certificate of sale made thereunder. § 3. This act shall take effect immediately. Chap. 449. AN ACT to exempt the county of Westchester from the provisions and operation of section one of chapter two hundred and eighty-six of the laws of eighteen hundred and seventy-eight, entitled "An act to amend chapter eight hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled 'An act to regulate the fees of coroners.' PASSED June 9, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ter county SECTION 1. The county of Westchester is hereby exempted from the Westches provisions and operation of section one of chapter two hundred and exempt. eighty-six of the laws of eighteen hundred and seventy-eight, entitled ed. "An act to amend chapter eight hundred and thirty-three of the laws. of eighteen hundred and seventy-three, entitled 'An act to regulate the fees of coroners."" § 2. This act shall take effect immediately. Chap. 450. AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled. "An act for the incorporation of villages.' PASSED June 9, 1885; 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-seven of title eight, chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," is hereby amended so as to read as follows: giving power to be con commis § 27. The provisions in this act giving the board of trustees of a Provis village power to construct, maintain and repair bridges within the ions of act village bounds, and making them commissioners of highways, and trustees making the territory of the village a separate highway district, subject construct to the board of trustees alone, shall be construed as divesting the com- bridges to missioners of highways for any town in which a bridge may be located, strued as of all power, control or jurisdiction over the same, and of relieving divesting such town highway commissioners of all duties in regard to the same, sioners of and as relieving such town from the expense of constructing, maintaining or repairing the same, provided that such bridge is within the er over bounds of a village incorporated under this act, and all power, control, Proviso as jurisdiction and duty heretofore vested in and imposed upon such town to commissioners of highways, for such town in regard to such bridge bridge. within such village territorial limits, are hereby vested in and imposed upon the board of trustees of such village, and the expense of the construction, maintenance or repair of such bridge or part of a bridge, highways of all pow same. loca. Act applies only shall be a charge upon the taxable property of the village in which the said bridge or part of a bridge shall be located, and shall be paid out of the corporate funds. § 2. All of the counties in this state are hereby exempted from the to West provisions of this act except the county of Westchester. § 3. This act shall take effect immediately. chester county. Board of towns to rivers named. ty only to be exer cised on application of town lia Chap. 451. 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 boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors." PASSED June 9, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision six of section one of 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, is hereby further amended so as to read as follows: 6. To authorize any town or towns liable or to be made liable to taxsupervisation for the erection, care, repair and maintenance in whole or in part authorize of any bridge (except on the Hudson river below Waterford, and on erect and the East river, or over the waters forming the boundaries of the state) repair to erect, repair and maintain the same, and to borrow such sums of bridges, except on money, in the manner provided in subdivision twenty-nine of this section, as may be necessary for the purposes of such erection, repair and maintenance, and to pay any debt incurred in good faith by or in behalf of such town or towns for such purpose before or after the passage Authori of this act. But no authority shall be exercised under this subdivision, except upon the application of a town liable to be taxed for such purpose, to be made by vote of a majority of the electors thereof voting at a regular town meeting, or at a special town meeting called for the ble to be purpose, or upon the application of the supervisor, by and with the consent of the commissioner of highways, town clerk and justices of the peace of such town. If any town, at a regular town meeting held bonds de between the first day of February, eighteen hundred and seventy-five, be valid. and the passage of this act, shall have ⚫lected commissioners for the purpose of building a bridge and providing money to pay for the same by the issuing of bonds or otherwise, such bonds, not exceeding the amount authorized at such town meeting, are hereby authorized and declared valid; but said bonds shall not be sold or otherwise disposed Tax to be of for less than par. And the board of supervisors shall levy a tax on such town for the payment of such indebtedness at such times and in such amounts as may be necessary to meet the obligations incurred by said commissioners in pursuance of instructions given by such town a the time of electing said commissioners. taxed. Certain clared to levied. § 2. This act shall take effect immediately. Chap. 452. AN ACT in relation to the Cooperstown and Susquehanna PASSED June 9, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tend SECTION 1. The Cooperstown and Susquehanna Valley Railroad Company Company are hereby authorized and empowered to continue and may exextend the route of its railroad from the southern terminus of said road route at the Cooperstown junction in the county of Otsego, to or near the Hemlocks," on the Charlotte creek in the town of Davenport, Delaware county. general ply to § 2. The several provisions of law contained in the act entitled "An Provis act to authorize the formation of railroad corporations, and to regulate ions of the same," passed April second, eighteen hundred and fifty, and the railroad several acts amendatory thereof and supplementary thereto, and the law to apseveral acts of the legislature heretofore passed relating to or in any wise company. concerning said Cooperstown and Susquehanna Valley Railroad Company shall apply to said Cooperstown and Susquehanna Valley Railroad Company as authorized to be extended by the first section of this act. § 3. This act shall take effect immediately., Chap. 453. AN ACT further to amend chapter four hundred and twentyseven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands. for unpaid taxes." PASSED June 9, 1885; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of chapter four hundred and twenty-seven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents, and to provide for the sale of such lands for unpaid taxes," is hereby amended so as to read as follows: treasurer ing from § 4. Whenever any county treasurer shall receive from a collector an Duty of account of unpaid taxes assessed on lands of non-residents, such county county treasurer shall compare the same with the original assessment-roll to on receiv which the collector's warrant is attached, which rolls the collectors are collector required in all cases to return and deposit with their respective county account of treasurers; and if he finds it to be a true transcript thereof he shall taxes. add to it a certificate showing that he has examined and compared the account with said roll and found the same to be correct; and after crediting the collector with the amount, shall, before the first day of unpaid ler may correc April next ensuing, transmit the account and collector's affidavit to the comptroller, with a certificate that he has compared the account with the entries of the same taxes in the original assessment-roll to which the collector's warrant is attached, and has found the same to be a Comptrol true transcript of such roll. The comptroller may, before admitting return ac. any taxes thereon, return such accounts to the respective county treascount for urers for correction or completion, which must be returned to him tion or within one month thereafter, or as the comptroller may otherwise dicomplerect, and such account, when accepted by the comptroller, shall be when ac deemed conclusive evidence of the regularity and validity of all taxes cepted by thereon which may be admitted by him and of all prior proceedings in clusive assessing the lands and levying and collecting such taxes, except in cases when it shall be satisfactorily proven to the comptroller that any such tax was duly paid in the county, or was levied on an assessment of land by a town or ward having no legal right to assess the same, or arose from a double assessment, the taxes levied on one of which were duly paid. and him, con evidence of regularity of tax. Comptrol ler to can § 2. Section twenty-two of said chapter is hereby amended so as to read as follows: § 22. Whenever it shall be made to appear to the comptroller that cel tax if any tax returned as unpaid was, previously to such return, paid to the previous collector or county treasurer, the comptroller shall cancel such tax on ly paid, etc. the books of his office; and if the same shall also have been paid into the state treasury, he shall cause it to be repaid out of the treasury to To relevy the person by whom such payment shall have been made. Whenever lect tax in any unpaid tax, levied upon an assessment of land by a town or ward having a legal right to assess the same, which may have been returned with per to and admitted by the comptroller, shall be ascertained, either before and inter- or after sale therefor, to be illegal or void by reason of any irregularity est added. or defect in, or omission of, statutory requirements for creating or col and col. cases named, centage lecting such tax, the comptroller is hereby empowered and directed, whenever deemed practicable by him, to relevy the correct amount of such tax and add thereto the five per cent allowed by law to be added by the collector, which aggregate amount of tax and charge, with interest thereon at ten per cent per annum from the first day of August following the admission of such illegal or void tax, shall thereupon be due and payable, and shall be subject to existing provisions of law governing the collection of and sale for unpaid taxes by the comptroller; but no tax arising from a double assessment, the taxes levied on one of which shall be satisfactorily proven to the comptroller to have Evidence. been duly paid, shall be subject to such relevy. Such relevy of any invalid or defective tax shall be conclusive evidence of its regularity and legality, and any such tax, so relevied, shall be treated and sub-ject to payment as though such sale had not been made, and, if allowed to remain unpaid, the land shall be sold therefor. Redemption, how made. § 3. Section seventy-four of said chapter is hereby amended so as to read as follows: § 74. The occupant of any such lot, or any other person, may, at any time before the service of said notice by the purchaser, or the the* person claiming under him, redeem any lands so occupied, by filing in the office of the comptroller satisfactory evidence of the occupancy required and by paying to him the consideration money for which the lands to be redeemed were sold, and thirty-seven and a half per cent thereon, together with the sum paid for a deed, if any, and such amounts as *So in original. |