constable, by. make ar rests. Police shall possess the exclusive power of serving all criminal and other proservice of cess issued by the recorder, or acting recorder, or mayor, except in such process civil actions or proceedings as may be commenced before the recorder, pursuant to this act, in which they shall have concurrent power with the civil constables of said city; and they shall perform all acts in relation to criminal offenses, which police officers or constables are authorized to perform except that every police constable of said city shall have Power to power to arrest and take before a proper officer for examination, any person who may, in the view or presence of such officer, be guilty of any offense against any of the laws or statutes of the State. It shall be the Duties of duty of said police constables to attend at the recorder's office at all reasonable hours of the day; to obey at all times all process or directions of the mayor or recorder, duly issued or given for the preservation of the public peace and order, and to make arrests whenever they shall be called upon, or sent by, the mayor, recorder or common council, to keep the public peace, or arrest any person charged with any offense. In any case of the continued absence, detention or inability to act, of or disabil all of said constables, the mayor, recorder or acting recorder may designate any person, by appointment in writing, or by directing the process person to; to be served by such person, to serve any process issued by either of such serve pro- officers. Every person so appointed shall possess all the powers of a police constable under this act, in relation to the particular process or service for which he is appointed, or which he is directed to serve, if designated by a separate appointment. Absence ity to act, designation of cess. Firemen, exemp tion from jury and militia duty. § 10. Section nine of title eight of said act is hereby amended so as to read as follows: 9. Every fireman who shall have faithfully served as such in said city, including as well any period before, as after the passage of this act, five years, shall be thereafter exempt from serving on juries in all courts, or in the militia, except in case of war or insurrection and the evidence to entitle such person to the exemption, as provided in this section, shall be a certificate, under the corporate seal, signed by the Other ex- mayor and city clerk. The mayor, aldermen and city clerk of the city emptions. of Newburgh shall also respectively be exempt from all jury duty in any and all courts, and from all military service (except in the cases above mentioned), while respectively holding such office. Chap. 327. AN ACT to amend an act entitled "An act to amend and consolidate the charter of the village of Middletown," passed March thirty-one, one thousand eight hundred and sixty-six; passed February seventeenth, eighteen hundred and seventy-two. Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section nine of title two of an act entitled "An act to amend and consolidate the charter of the village of Middletown," passed March thirty-one, one thousand eight hundred and sixty-six; passed February seventeenth, one thousand eight hundred and seventytwo, is hereby amended so as to read as follows: election. elected at § 9. An election shall be held in and for the village of Middletown Annual on the second Tuesday of March in each and every year hereafter; a village poll for such election shall be held in each ward in said village at such places as the board of trustees of said village shall designate, and in each ward between the hours of ten o'clock forenoon and four o'clock afternoon on such day. At such election each ward in said village officers to shall annually elect one trustee, who shall be a freeholder and a resident beelected. of the ward of which he shall be elected, and who shall hold office for two years, as now provided by law. At each of such elections each ward shall elect two inspectors of election for such ward, who shall hold office one year and shall be residents of the ward in and by which they are elected, at the time of such election. All the officers of said officers village, whose election is now provided for by law, and the treasurer large. and the collector whose appointment by the board of trustees is now provided for by law, shall be elected at large, except trustees and inspectors of election, who shall only be voted for by electors residing in the same ward with the candidates for such offices, and who have resided therein for thirty days immediately prior to such election, and it shall be a misdemeanor for any person to vote or offer to vote or attempt to Voting vote in any ward of said village, except the one wherein he shall other than reside at the time of such election, and has resided thirty days immedi- that of res ately prior thereto. The present board of trustees of said village shall, misdeat a regular meeting thereof, appoint two persons in each ward to be, meanor. and who shall act as, inspectors of election for such ward, to be held on the second Tuesday of March next, pursuant to this act, and the persons so appointed shall be such inspectors and shall act as such at such election. in ward idence, a § 2. All acts or parts of acts inconsistent with this act are hereby Repeal. repealed. §3. This act shall take effect immediately. Chap. 328. AN ACT to authorize the payment, in whole or in part, of the bonded indebtedness of any of the towns in this State created in aid of any railroad therein, and to prescribe the mode in which the people thereof shall determine the time and amount of such payment. Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tax ness of submis of pay. SECTION 1. Upon the application in writing of at least twelve citizens, Bonded payers of any town in this State, addressed to the supervisor of such indebted. town, asking for the payment, in whole or in part, of the bonded towns, indebtedness of such town created in aid of any railroad therein, speci- sion of fying the amount of such indebtedness to be paid, and how much question thereof shall be paid annually, and asking also for a vote of the people ment to of such town upon the question, the time and amount of such pay- voters. ment, the said supervisor shall, at the next annual town meeting to be held in such town, submit such question to the qualified voters of such town and shall take the votes thereof in the manner following, to wit: The said supervisor shall have prepared a suitable book in which shall Book con taining copy of be transcribed a copy of the aforesaid application, underwritten with the applica- names of the signers thereof, and shall open the same, at the time of the provided. opening of the polls of such town meeting, for the signatures of the tion, to be Certifi cate by supervi sor. qualified voters of such town, by reading aloud to the people the said application and the names of its signers. The said voters, together with other individuals paying taxes in said town, who shall favor such application may, during the time the polls of such town meeting are open, subscribe in such book such transcribed application or may authorize the clerk of such town to subscribe the same for him or her. And any solvent moneyed, manufacturing or other corporation or company formed under the laws of this State and being assessed on real or personal property in such town, shall have all the rights and privileges under this act so far as property representation is concerned, as other tax-payers, to be exercised by its chief financial officer. § 2. Immediately after the close of the polls at such town meeting, the said supervisor shall affix his certificate, next succeeding the last name subscribed in such book, to the effect that the persons, whose names are subscribed in such book, are qualified voters of such town or tax-payers therein and assented to the proposition submitted in the said application at such town meeting, and shall, forth with and within five days after such town meeting, transmit the said book so completed to the county judge of his county; and it shall be the duty of the said Proceed judge forthwith and within ten days thereafter to proceed to take proof as to the relative number and assessed property represented by such ty judge. voters; and if it shall appear satisfactorily to him that the ings be fore coun Tax for payment ied and persons who had so signed said application, and such other tax-payers of said town as may then and there appear before him and express a desire to subscribe the same, do represent a majority of the tax-payers of said town as shown by the last preceding tax list or assessment roll, and do represent a majority of the taxable property upon said list or roll, he shall so adjudge and determine and cause the same to be entered of record and shall forthwith certify the same to the board of supervisors of his county, to whom he shall also transmit such book with its contents. § 3. It shall thereupon be the duty of the said supervisors, in accordof bonds, ance with the terms and request of such application, to cause to be how lev assessed, levied and collected, in such town as other taxes in such town collected. are assessed, levied and collected, in each year, as the same is designated in such application, such sum or sums as shall be sufficient to pay off and discharge the said bonded indebtedness, either at one time and by one assessment, or by installments of yearly assessments and payments as may be designated in such application. Money collected, tion of. § 4. The money so assessed, levied and collected shall be sacredly appliced applied to the payment of the bonds of such town so given in aid of railroads as designated in such application and to no other purpose whatever; except, that in case there shall not be, of such bonds, as are then due and payable, sufficient in amount to exhaust the whole sum so collected, and the holders and owners of such other bonds, as may not then have matured, shall not be willing to accept payment thereof, the said supervisors shall cause the residue of said money, so collected, after paying such bonds as he may be able to retire, to be invested in such State, county, town, city or village bonds as may have been issued in pursuance of the laws of this State, or in United States bonds, to be deposited with the treasurer of said county as a sinking fund for the redemption and payment of the bonds of such town created in aid of any railroad therein, and the avails of such sinking fund shall be sacredly Investment of residue. applied for the payment and redemption of the bonds of such town as the same become due. 5. This act shall take effect immediately. Chap. 329. AN ACT relating to the term of office of clerk of the Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The term of office of the clerk of the Commission of Appeals shall extend to and include the thirty-first day of December, eighteen hundred and seventy-five. Chap. 330. AN ACT to authorize the board of trustees of the village of Athens in the county of Greene, to permit gas-pipes to be laid in the streets of said village. Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tributing mission to SECTION 1. The board of trustees of the village of Athens in the Gas mains county of Greene, are hereby authorized to permit by resolution, to be and dis entered in the minutes of the proceedings, any corporation or firm, pipes, perwhich may be established, to furnish a supply of gas for said village, to lay lay gas mains and distributing pipes in the streets, lanes and public places of said village; provided that such streets, lanes and places shall be restored by such corporation or firm to as good a state and condition as they may be in before the laying of such mains and pipes. § 2. This act shall take effect immediately. Chap. 331. AN ACT to relieve premises of one person erroneously assessed and taxed in and with the premises of another. Passed May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Erroneous SECTION 1. When the premises of one person shall have been wrong- assess fully assessed and taxed in and with the premises of another, the person ment, ap aggrieved thereby may, upon application to the county court of the to county county in which the property is situated, on petition duly verified, and correct. court to Proceedings. on eight days' notice to the assessors of the town in which the premises are situated, and to the party whose premises are included in such wrongful assessment, his executors or administrators, have his taxes or assessments apportioned by such county court, at a regular term thereof, or at chambers, in such manner as to the said court may seem just and proper. § 2. The said county court shall ascertain the boundaries, the premises and the rate of taxation in said town, and shall fix aud specify the amount of said tax or assessment properly chargeable to the petitioner's property, and to the other party chargeable therewith; and the Change of collector or receiver of taxes of the town in which the premises are situated, upon receiving a certified copy of said order shall forthwith, change the tax and assessment books of said town to conform to the apportionment made by said order. tax and assess ment books. Receipt of §3. The said collector or receiver shall, upon receiving the amount collector. so apportioned upon the premises of said petitioner, receipt for the same in full discharge of the lien thereof upon the property of said petitioner. § 4. This act shall take effect immediately. Lands, Chap. 332. AN ACT to amend chapter six hundred and ten of laws of eighteen hundred and seventy-four, entitled "An act to authorize the sale of lands for non-payment of taxes, and for the collection of unpaid taxes in the several towns of the county of Westchester." Passed May, 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section five of chapter six hundred and ten of the laws of eighteen hundred and seventy-four, entitled "An act to authorize the sale of lands for non-payment of taxes, and for the collection of unpaid taxes in the several towns of the county of Westchester," is hereby amended so as to read as follows: § 5. If such tax be not paid according to the requirements of said how sold. notice, the lands and tenements so advertised shall be sold by the of sale. supervisor of the town, at public auction, at the time and place specified Certificate in said notice, and upon such sale a certificate thereof shall be given to the purchaser, signed by the supervisor and countersigned by the town clerk, specifying the property sold, the time for which the same shall have been sold, the sum paid thereon, and the time when the purchaser Duplicate will be entitled to a lease of such property. Within thirty days after to be filed every such sale the supervisor by whom the sale shall have been made, shall file a duplicate of such certificate in the office of the county treasurer, and it shall be the duty of the county treasurer to record the same in a book to be kept by him for that purpose, which book shall be, at all times during office hours, open to the inspection of all persons. The expense of procuring such book shall be a county charge, and no such sale shall be valid unless such certificate shall be so filed and recorded. and recorded. Expense of book. |