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§ 4. All expenses incurred by the governor in carrying out the pro- Expense. visions of this act, and in performing the duty hereby devolved upon him, shall be audited by the comptroller as extraordinary expenses of the executive department, and shall be paid out of any moneys in the treasury not otherwise appropriated.

See L. 1879, ch. 306, post, p. 761.

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AN ACT to amend chapter four hundred and sixty-five of the Fire insure

laws of eighteen hundred and seventy-five, entitled “ An panies. act to require the payment of certain premiums to the fire departments of cities and incorporated villages, by fire insurance companies not organized under the laws of the State of New York, but doing business therein," passed May twenty-eighth, eighteen hundred and seventy-five.

PASSED April 15, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follow's :

SECTION 1. Section three of chapter four hundred and sixty-five of Amending the laws of eighteen hundred and seventy-five, entitled " An act to re- ch.485,9 quire the payment of certain premiums to the fire departments of ante, p. 154. cities and incorporated villages, by fire insurance companies not organized under the laws of the state of New York but doing business therein,” is hereby amended so as to read as follows:

§ 3. Every person who shall effect, agree to effect, promise or pro- Penalty cure any insurance specified in the preceding section of this act, with- for transout having executed and delivered the bond required by the preceding insurance sections, shall for each offense forfeit two hundred dollars, for the use business and benefit of the fire department of such city and village; such pen- having alty of two hundred dollars shall be collected by and in the name of Figen feat.d the fire department of the city or village in which the property insured or agreed to be insured is situate. And the treasurer or chief When financial officer of any city or incorporated village, having no incorpo- money to rated fire department or incorporated fireman's relief or benevolent so- over to fire ciety, receiving any money under the provisions of chapter four hundred companand sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six, shall on or before the fifteenth day of Noember, in each year, apportion and pay over all such moneys so received to the treasurers of the several fire companies as are duly recognized by the common council or trustees of such city or village. And if he shall Failure to neglect or refuse to perform any or all of the duties required by this act, pay over. he shall be subject to a penalty of two hundred dollars for such neglect or refusal; and the foreman of any fire company shall be entitled to and may maintain an action and sue for, in the name of and for the benefit of such fire company, any of the proportion of penalties prescribed by this act; and premiums or penalties to which such company may be

entitled, under chapter four hundred and sixty-five of the laws of eighteen
hundred and seventy-five, as amended by chapter three hundred and fifty-nine
of the laws of eighteen hundred and seventy-six.
§ 2. This act shall take effect immediately.

New, all but first sentence. See the acts amended, ante, pp. 154, 313.

Amended by L. 1879, ch. 153, post, p. 719.

struct railroad

CHAP 148. AN ACT authorizing the construction and management of a railroad from Lake Champlain to Dannemora prison.

PASSED April 19, 1878; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Superin- SECTION 1. The superintendent of state prisons is hereby authorized tendent of and empowered to survey, locate and construct a railroad from a point ons to con- at or near the Clinton state prison at Dannemora, in the county of

Clinton, to a point in the town of Plattsburgh at or near the waters of from Clin- Lake Champlain, of the guage of not more than three feet and six to Platts- inches, nor less than thirty inches, within the rails, for public use in burgh. the transportation of persoas and property, and, to such extent as

deemed advisable, to employ such labor in the grading, bridging and constructing of said road, ard in the manufacture of spikes, chairs and such other material necessary in the construction of said road, and in such way as the same may be employed with due economy to the interest of the state. The said superintendent of prisons is also authorized and empowered to use timber or other materials from the lands belonging to the state in the construction of said road, and of

the bridges and superstructure thereof, and in the repair thereof. Land, how $ 2. In case the said superintendent of state prisons shall be unable acquired.

to agree for any real estate required for the purpose of said road, such title may be acqnired on a petition by said superintendent in the manner provided by an act entitled “An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, and the acts amendatory thereof, for acquiring title to land for railroad purposes, except that, in any petition therefor, no averment of subscription to stock, or the filing of any map

shall be required. Contribu

8 3. The said superintendent of state prisons is hereby authorized tions. and empowered to receive contributions of property, money or labor,

or land, for the right of way or depot ground, and any property, money or labor so contributed shall be applied and expended in the construc

tion of said road. Lease of $ 4. Said superintendent is also authorized and empowered, upon road.

the completion or partial completion of said road, to lease said road for such term of years and upon such terms and conditions as shall be

approved of, in writing, by the governor and comptroller of this state. Appropri

§ 5. The sum of eighty thousand dollars, or so much thereof as may ation. be necessary for that purpose, is hereby appropriated and authorized to

be paid to the said superintendent of state prisons by the state treasurer, upon the warrant of the comptroller, to be expended in the survey, location and right of way of said road, and in its construction, provided and on condition that the cost of said road shall not exceed said sum in addition to the convict labor laid out thereon.

8 6. This act shall take effect immediately.

CHAP. 15.

AN ACT further to amend section two of title two of chapter of the as

thirteen of part one of the revised statutes, entitled and col“Of the assessment and collection of taxes,” and to lection of 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 nonresidents, and to provide for the sale of such lands for unpaid taxes."

PASSED April 20, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of title two of chapter thirteen of part one Amending of the revised statutes, as amended by chapter one hundred and sev- 1 Edm. 361. enty-six of the laws of eighteen hundred and fifty-one, is hereby amended so as to read as follows:

$ 2. Lands occupied by a person other than the owner, may be as- Land sessed to the occupant, as lands of non-residents, or, if the owner themes resides in the county in which such lands are located, to such owner.

See Whitney v. Thomas, 23 N. Y. 285 ; Newman v. Supervisors, 45 id. 676; Coleman v.
Shattuck, 62 id. 348, affirming 5 T. & C. 34; 2 Hun, 397 ; Matter of Nichols, 54 N. 'Y. 62.

$ 2. Sections nine, sixteen, seventeen, eighteen, nineteen, twenty, Amending twenty-one, twenty-seven, thirty-three, thirty-four, thirty-seven, ch. 27 (3

, thirty-eight, forty-one, forty-eight and eighty-six of chapter four hun- Edm. 357. dred and twenty-seven of the laws of eighteen hundred and fifty-five, are hereby amended so as to read as follows:

$ 9. Whenever any account of arrears of taxes on lands of non- Lands imresidents shall be received by the comptroller from a county treasurer, perfectly he shall examine such account and reject all taxes entered thereon, that shall be found to be erroneous, and all taxes found thereon charged on lands erroneously or impefectly described, and shall credit such county treasurer in a book to be kept by him for that purpose, with the amount of all arrears of taxes which shall be admitted by him.

Tallman v. White, 2 N. Y. 66. $ 16. The comptroller shall, on or before the first day of Septem- Rejected ber in each year, transmit by mail or otherwise, to each county taxes. treasurer, a transcript of the taxes of the preceding year, assessed in any town or ward in such county, which shall have been rejected by him for any cause whatever, stating therein the cause of such rejection

$ 17. Whenever the comptroller, after having transmitted such annual transcript, shall discover that any taxes credited to a county in land imthe books of his office are erroneous, or that they have been assessed perfectly

. on land erroneously described or so imperfectly described that they cannot, in his opinion, be located with certainty, he shall cancel such taxes on the books of his office and charge them to the county in which such lands shall lie, with the interest thereon from the first day of March, in the year following that in which the taxes were laid to the first day of February next after such cancellation.

on

supervisors.

tion of

Transcript to be de

§ 18. The comptroller shall also transmit, by mail or otherwise, a livered to transcript of the returns of such taxes, with the addition of such

interest, to the proper county treasurer who shall deliver the same to the supervisor of the town or ward in which such taxes were assessed, by whom it shall be delivered to the board of supervisors at their next meeting. If the town or ward, in which such taxes were originally assessed shall have been divided since such assessment, the county treasurer shall deliver such transcript to the board of super

visors at their next meeting. Descrip

8 19 Whenever the comptroller shall have rejected any tax in the

first instance, or have canceled and charged the same to a county to made. which it had previously been credited, the supervisor of the town or ward in which such lands are situate, shall

, if in his power, add to the assessment-roll of such town or ward for the year during which such transcript shall have been forwarded by the comptroller to the county treasurer, an accurate description of such lands and the correct amount of taxes thereon, stating the tax of each year, and each kind of tax, separately, and shall furnish the comptroller with all such maps and surveys of such lands as shall have been required by him ; and, if necessary, he may cause a survey and map of each lot or parcel returned for more perfect description to be made and the expense of such survey and map shall be a charge upon such land to be added to the tax thereon and the board of supervisors shall direct the collection of such taxes and expenses so added to such assessment-roll, and they shall, for all the purposes of this act, be considered as the taxes of the year in which the description shall be perfected. If the supervisor of such town or ward shall not have fully complied with the requirements of this section, the comptroller shall not thereafter admit, but shall reject all such reassessed, canceled or rejected taxes as may be returned

to him, If not made, tax

§ 20. If the correct amount of such taxes and an accurate descripto be as- tion of such lands shall not have been added, by such supervisor, to

the assessment-roll of his town or ward for the year during which such transcript shall have been forwarded by the comptroller to the county treasurer, the board of supervisors shall cause such arrears of taxes and the interest thereon, to be levied on the valuations of the estates, real and personal, of the town or ward in which such taxes were originally assessed, and shall direct the same to be collected with the other taxes of the same year.

$ 21! If the town or ward in which such taxes were originally assessed, shall have been divided since such assessment, then such taxes and interest shall be apportioned by the board of supervisors among the towns and wards included in the limits of such original

towns or wards in such equitable manner as they may deem proper. Certificate

$ 27. The comptroller shall, from time to time, give to any person desiring to pay the taxes, interest and charges due on any tract, piece or parcel of land, a certificate of the amount of such taxes, interest and charges ; and the state treasurer may receive such taxes, interest and charges and give a receipt therefor upon such certificate, which shall be countersigned by the comptroller, and entered in the books

of his office. Land,

$ 33. Whenever any tax charged on lands returned to the comptroller, and the interest thereon shall remain unpaid for two years from the first day of May, following the year in which the same was assessed, the comptroller shall, as soon thereafter as he shall deem it

sessed upon town.

How assessed in case of division of towo.

of taxes due,

when to be sold.

for the best interests of the state, proceed to advertise and sell such lands in the manner hereinafter provided.

Coleman v. Shattuck, 62 N, Y. 364; Jackson v. Morse, 18 Johns. 441.

§ 34. He shall make out a list or statement of the lands charged List of with such tax and interest and so liable to be sold, and shall cause so lands and many copies thereof to be printed as shall be sufficient to furnish each sale. county treasurer with at least five copies, and each town and city clerk with at least two copies, and shall transmit to each county treasurer such number of said copies as shall be equal to five copies for such county treasurer and two copies for each town and city clerk in his county. And the comptroller shall also make and cause to be printed and published in two public newspapers to be selected by him in each county, once in each week, for ten successive weeks prior to the communcement of the sale, a list or statement of all the lands in such county charged with such tax and interest. Such publication shall be in the body of each newspaper, and not in a supplement. If there shall not be two newspapers, known to the comptroller, published in any county, such list or statement shall be published as required above, in the two newspapers which the comptroller shall believe to be most generally circulated in such county. But no error in the printed description in such newspapers shall vitiate or in any manner affect the validity of such sale ; and all expenses of printing such lists or statements shall be audited by the comptroller, and paid out of the treasury of this state, on receiving one copy of the newspaper containing the same, with an affidavit of the publication of such list or statement according to the provisions of this section, to be made by the printer, publisher or some other person to whom the fact of such publication shall be known.

8 37. The expenses incurred by the state in printing and transmit- Expenses ting any list of lands liable to be sold for taxes, and in publishing how paid. notices of sale and lists of statements of such lands, shall be charged on the lands mentioned in such lists; and an equal part of such expense shall be estimated and apportioned by the comptroller and charged on each of the several tracts or parcels of such land.

8 38. Each county treasurer shall retain in his office five of the copies of the list or statement of lands to be sold, transmitted to him, treasurer's and shall permit all persons at all reasonable hours to examine the office. same, and shall cause the remaining copies to be delivered to the town and city clerks.

§ 41. After transmitting such lists to the county treasurers, the General comptroller shall cause to be published, once in each week, for twelve notice. weeks successively, in two newspapers in or for each county, to be selected by him in the same manner as is provided in section thirtyfour of this act for selecting newspapers to publish the lists of lands liable to be sold, a general notice, stating that a list of all the lands liable to be sold for taxes has been forwarded to each of the county treasurers and town and city clerks in this state, and that so much of said lands as may be necessary to discharge the taxes, interest and charges which may be due thereon at the time of sale, will, on a day to be mentioned in such notice, and the succeeding days be sold at public auction at the capitol in the city of Albany.

$ 48. When the comptroller shall have canceled any sale in the New cermanner provided in section forty-seven of this act, he may issue a tificate of certificate of such sale to any other person who will pay the amount

sale.

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