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thereof is raised for schools and what sum thereof is raised to pay the principal and interest or any part thereof of the loan or funded debt of the city, and the moneys from time to time received from such general tax shall be credited and applied to the school fund, in the proportion which the amount so ordered to be raised for schools shall bear to the whole amount of the general tax.

$ 7. The fourth section of the fifth title of the said act is hereby amended so as to read as follows:

$ 4. The tax so directed to be raised shall be assessed on all flow to be the taxable real and personal property within the city, according assessed de to the valuation of the same in the assessment rolls of the current year, filed by the ward assessors in the city clerk's office, after said rolls shall have been equalized and corrected as herein before provided for. The said assessment shall be made by the common council, at some meeting thereof on or before the first day of August in each year, and the council shall cause the city assessment roll to be made out and filed, together with a copy thereof in the office of the comptroller of the city ; the comptroller shall forthwith deposit the roll in the office of the treasurer, and publish notice of the fact in the city paper, to the end that any person therein taxed, may at any time within thirty days after the roll shall have been so deposited, pay his tax to the treasurer, less five per cent. of the amount thereof, which payment shall be received in full. On the expiration of the thirty days, the roll shall be returned to the city comptroller, by the treasurer with the several taxes paid to him therein designated as having been so paid, and the copy in the comptroller's office, shall be made to conform thereto. The council shall then fix the compensation of the city collector or collectors, for collecting the unpaid taxes, not exceeding five per cent. of the amount actually collected by him, which compensation shall be paid by an order on the treasurer of the city, and the roll shall be delivered to the collector forthwith, with a warrant thereunto annexed, under the seal of the city, commanding him to levy and collect the several sums in the roll specified as assessed against the persons or properly therein mentioned or described, and remaining unpaid, in the manner provided by law for the collection and levying of county taxes by town collectors, and to return the said warrant and roll in ninety days after the date of the warrant; at the time of the delivery to him of any such roll and warrant, the collector shall endorse upon the copy of the roll and warrant in the office of the city comptroller, a receipt acknowledging the reception by him of the original roll and warrant, as city collector, and thereupon he shall proceed to collect the unpaid taxes in said roll specified in the manner prescribed by law for the collection of county taxes, and shall have and possess all the power and authority conferred by law on the collectors of county taxes, and shall at such times and in such manner as hereinafter provided, pay over all moneys collected by him, to the city treasurer and take his receipt therefor, and shall make return to the city comptroller of the amount

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· collected and paid over by him, and of the taxes remaining un

paid, and upon making oath before the comptroller, (which oath he is hereby authorised to administer,) similar in all respects to the oath required by law of collectors of county taxes, he shall be credited by the said comptroller with the amount so remaining due and unpaid. But no such settlement, nor any settlement had by the council, or by any city officer, with any collector of any city tax or assessment shall be final or conclusive, and no bond or other security given by any collector, shall be invalidated by or canceled, or any such settlement, but shall remain in full force and be held for one year thereafter by the city.

$ 8. Section fourteen, of title five, of the said act, is hereby

amended so as to read as follows: Lands sold § 14. If at any such sale no bid shall be made for any parcel may be bid of land the sam in for the

of land, the same may be struck down to the city for a period not city. exceeding one hundred years, or the sale of the same may be

postponed from time to time, in the discretion of the officer anpointed to sell the same; and in case any parcel of land shall be so struck down to the city, it shall receive in its corporate name, one of the certificates of the sale thereof, and shall be vested with the same rights as any other purchaser; and the common council shall have power to provide by loan or otherwise, for payment of all orders drawn against the several taxes for non-payment of which such lands were sold; and the proportion of such tax belonging to the school fund, shall be paid over to that fund, but all moneys so borrowed shall be re-paid within eighteen months after the time of sale.

$ 9. The said fifth title of said act is hereby amended, by adding the following new section at the end thereof, which shall read as follows:

$ 21. Whenever any tax or assessment shall have been levied case of mis and confirmed by the common council, for any of the purposes take or omis

mis authorised by this act, and if, by mistake or otherwise, any lands sessment. shall have been omitted, and not taxed or assessed, nor included

in the roll for such tax or assessment, the common council may, in case such mistake or omission occur in the assessing of the general city tax, add to the next general city assessment roll a description of such lands, and charge them with the taxes and interest in arrear, stating the tax of each year separately, and direct the collection thereof, in the same manner as is prescribed for the collection of the general tax. In case such or omission or mistake occur in the making of any assessment for local improvements, the common council may direct the clerk, or any other city officer to correct such error, by amending the roll or making a further assessment, and including therein the lands so omitted.

§ 10. The second section of title six is hereby amended, by

adding thereto the following clause : Assessments They shall have power, once in each year, to make an assessapon nom de ment upon any or all of the non-resident lands fronting on any of

the streets of the city which now are, or hereafter may be, paved,

Provision in

sion of as

may be graded levelled

in the same manner as other local assessments are made, of such sum or sums as may be necessary to defray the expense of cleaning the sidewalks, gutters and streets, or either of them, in front of said lands, where the owner of said lands, or persons having charge of the same, shall refuse or neglect to clean the said sidewalks, gutters or streets, as they are or may be required by the ordinances of the city.

$ 11. The eleventh section of the sixth title of the said act is · hereby amended, and shall read as follows:

$ 11. The common council shall have power to cause any Streets &c: street, alley, lane or highway in said city to be graded, levelled, a paved, repaved, macadamised, planked or gravelled, and to cause &c. cross and side walks, drains, basins, canals, docks, slips, wharves, sewers and aqueducts to be constructed, made, relaid, mended or repaired, and the Big Buffalo creek to be widened in said city, and to cause the expenses of all improvements, except sidewalks, made and directed under the section to be assessed upon the real estate in said city deemed benefited by such improvement, in proportion to the benefits resulting thereto, as nearly as may be. The common council shall determine the amount to be assessed for all such improvements, except sidewalks, and shall appoint by a majority of all the aldermen authorised by law to be elected, five freeholders of said city by ballot to make such assessment. The assessors shall take the oath required by the sixth section of this title, to be taken by the commissioners therein mentioned, shall fix the time and place of their first meeting, and give five days previous notice thereof in the city paper, and may if necessary adjourn from day to day, or from time to time; they shall make an assessment roll briefly describing the land on which any assessment is made, and assess the amount fixed by the council on the property benefited as equitable as they can. When their roll is finished they shall give the like notice, and also publish the same in the city paper, and have the same power to make corrections as provided for in the case of the assessment of taxes, and shall deliver a corrected copy of their roll signed by all of them to the clerk of the city within sixty days after their appointment, and shall within the time last aforesaid attach together the oath taken by them, and proof of the publication and posting of all notices, which by law they are required to publish or post, and file the same with the clerk of the city. Any person interested may appeal to the common council for the correction of the assessment ; such appeal shall be in writing and shall be delivered to the clerk or presiding officer of the common council within ten days after the corrected copy of the assessment roll is delivered to the clerk. If there be no appeal the assessment may be confirmed. In case of an appeal, the common council shall at or before the second regular meeting of the council after the expiration of the time for appealing, appoint a time for the hearing of those who are interested, and shall cause a notice thereof to be published in the city paper, and may adjourn such hearing from

district schools to be free.

time to time; and after such hearing shall have power to confirm such assessment or to annul the same, and direct a new assessment to be made, in the manner hereinbefore directed, by the same assessor, or by five other assessors, to be appointed and sworn as aforesaid, which shall be final and conclusive on all parties interested, in case the common council shall confirm the same; but if the common council shall set aside the last aforesaid assessment, all the proceedings in the matter shall be null. The second assessment shall be made, and an appeal may be made thereon in the same manner as on the first assessment. If no appeal be made, it may be confirmed.

$ 12. The fifth section of the ninth title of the said act, is

hereby amended so as to read as follows: Organized $5. All the district schools organized within the city of Buf

to ha falo, shall be public and free to all white children residing within

the district, under the age of sixteen years; and the common council, by a vote of two-thirds of all the aldermen elected, are hereby authorised to include in the general annual city tax, authorised to be raised under the third section of the fifth title of this act, such additional sum as in their opinion, with the public school moneys for the year, will be sufficient to support their schoool system and to defray the expenses of all the schools under their charge, except such of said expenses as may be raised by district tax. The moneys thus raised for school purposes, together with all moneys received from other sources for such purposes, shall constitute a separate fund, to be called the school fund, and a separate and distinct account thereof shall be kept by the proper officer or officers of the city; and the moneys of this fund shall not be appropriated or diverted to any other purpose whatever.

§ 13. Section four of title ter of the said act, is hereby amend

ed so as to read as follows: Money bor. $ 4. Whenever by this or any other act, the common council to Wed bowed are authorised to borrow money for any particular purpose, the

money so borrowed shall be applied only to that purpose ; and
every alderman, or any mayor, who shall, in council, knowingly
vote for any such misappropriation, and every officer of the city
who shall knowingly carry or assist in carrying into effect any
such misappropriation, shall be guilty of a misdemeanor, punisha-
ble by fine and imprisonment; and no officer of the city charged
with the receiving, collecting or disbursing of the public moneys
of the city, shall, during the term of his office, directly or indi-
rectly purchase or traffic in any of the orders or warrants drawn
by the common council upon the city treasurer; nor shall any
collector of the city pay over any money collected by him on ac-
count of any tax or assessment in his hands for collection, to any
holder of any order or warrant so as aforesaid drawn upon the
city treasurer, but shall pay over all moneys so collected by him
to the city treasurer, at such time and in such manner as the com-
mon council shall by resolution direct. And any such officer or

collector who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both : provided that nothing herein contained shall be construed so as to forbid any collector from receiving said orders at their par value, in payment of any tax or assessment in his hands, and paying the difference, if any, without fee or reward therefor.

§ 14. This act shall take effect immediately.

Chap 167.

Salary office.

AN ACT To regulate the salary of the district attorney of the

county of Columbia. Passed March 29, 1849, “ three-fifths being present.” The People of the State of New York represented in Senate and Assembly, do enact as follows : .

§ 1. The district attorney of the county of Columbia shall re- sa ceive for his official services in all cases whatever, both civil and criminal, in lieu of the compensation now allowed by law, an annual salary of seven hundred and fifty dollars, which shall be a county charge, and audited and paid like other county charges.

& 2. It shall be the duty of said district attorney, within thirty fee to be days after the receipt by him of any money for judgments, fees paid over. or costs in suits brought upon recognizances or otherwise for the benefit of said county, to pay over the same, except his taxable disbursements therein, to the treasurer of said county for the use of said county.

Chap. 168.

AN ACT To legalize the proceedings of the trustees and electors of the village of Ulster, in the county of Ulster.

Passed March 29, 1849, “ three-fifths being present.” The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

8 1. The last annual meeting held in the village of Ulster, in proce the county of Ulster, is hereby declared to be valid ; the officers legalized. elected at said annual meeting are the lawful officers of said village and the tax voted for, by a majority of the electors present, and voting for said tax is hereby declared to be valid, and the trustees of said village are hereby authorised to issue their warrant for the collection of the same, and to renew said warrant if that shall be

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