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Chap. 25.

AN ACT to amend chapter four hundred and eighteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to liens, constituting chapter forty-nine of the general laws."

Became a law February 28, 1899, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section seventeen of chapter four hundred and eighteen of the laws of eighteen hundred and ninety-seven, is hereby amended so as to read as follows:

66

"§ 17. Duration of lien under contract for a public improvement.-If the lien is for labor done or materials furnished for a public improvement, it shall not continue for a longer period than three months from the time of filing the notice of such lien, unless an action is commenced to foreclose such lien within that time, and a notice of the pendency of such action is filed with the financial officer of the municipal corporation with whom the notice of lien was filed, or unless an order be made by a court of record, continuing such lien, and a new docket be made stating such fact. And the supreme court of this state, or any justice thereof, or the county court of the county in which such lien was filed, or the county judge of such county, are hereby authorized to make an order continuing any such lien for a period not exceeding six months, upon the application of a lienor upon such affidavits or evidence as in the opinion of such court or judge shall be deemed sufficient. Nothing in this act contained, however, shall prevent any such court or judge from making a new order continuing such lien in each succeeding six months, if in the discretion of such court or judge the same shall be deemed just and equitable."

2. This act shall apply to all liens under contracts for public improvements, now on file, in which the time for making the application to the court for a continuance thereof has not expired, when this act takes effect.

3. This act is hereby declared to be a remedial statute and is to be construed liberally to secure the beneficial interests and purposes thereof.

4. This act shall take effect immediately.

Assess

ment and

ized.

Chap. 26.

AN ACT in relation to the collection of taxes in the county of Ontario, and to legalize all sales for taxes in the county of Ontario heretofore made by the Ontario county treasurer, and to repeal chapter three hundred and seventy-one of the laws of eighteen hundred and seventy-nine, entitled "An act to amend chapter sixty-five of the laws of eighteen hundred and seventy-eight, entitled 'An act to amend the statutes in reference to the collection of taxes in the counties of Livingston, Montgomery and Oswego,' so as to make the provisions of said act apply to the counties of Ulster and Ontario," and all acts supplemental thereto or amendatory thereof, so far as the provisions thereof relate to or affect the county of Ontario.

Became a law February 28, 1899, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The assessment and collection of taxes in, and sale sale legal of land for non-payment of taxes heretofore made by the treasurer of the county of Ontario and all acts done in connection therewith are hereby in all respects legalized, ratified and confirmed.

Act not to apply to pending suits, etc.

Repeal.

§ 2. This act shall not apply to or affect any suit now pending in which the regularity or legality of any proceeding or step taken or rights acquired in, or by reason of, or in respect to the sale of land for non-payment of taxes heretofore made by the treasurer of Ontario county are in issue or may be questioned by any party thereto.

§ 3. Chapter three hundred and seventy-one of the laws of eighteen hundred and seventy-nine, entitled "An act to amend chapter sixty-five of the laws of eighteen hundred and seventy-eight, entitled 'An act to amend the statutes in reference to the collection of taxes in the counties of Livingston, Montgomery and Oswego' so as to make the provisions of said act apply to the counties of Ulster and Ontario," and all acts amendatory thereof or supplemental thereto, so far as the provisions thereof relate to or affect the county of Ontario, are hereby repealed.

§ 4. This act shall take effect immediately.

Chap. 27.

AN ACT to authorize the city of Binghamton to borrow money to pay the balance of the contract price for the construction of a brick pavement on Court street from Exchange street to Liberty street.

Accepted by the city.

Became a law February 28, 1899, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

to borrow

Section 1. The city of Binghamton is hereby authorized and Authority empowered to borrow, upon the faith and credit of said city, such money. sums of money, not exceeding in the aggregate the sum of ten thousand six hundred and seventy-nine dollars and seventy-eight cents, as may be necessary to pay the balance of the contract price. for the construction of a brick pavement on Court street from Exchange street to Liberty street.

promissory

§ 2. For the purpose of borrowing as aforesaid, the mayor and Issue of treasurer of said city, shall, whenever and as often as the common notes. council of said city shall by resolution direct, make the promissory notes of said city for such sum, not exceeding in the aggregate, ten thousand six hundred and seventy-nine dollars and seventyeight cents, for such length of time, not exceeding six months, and at such rate of interest, not exceeding six per cent, as may be deemed necessary to raise money to pay the balance of the contract price of said pavement as aforesaid, and from time to time renew said notes, or any part thereof, for periods not exceeding six months, until the litigation over the assessments for said pavement shall be finally ended and said balance of said contract price shall be collected from the parties finally determined to be liable therefor.

outstand

§ 3. In case it shall be finally determined that said city cannot Tax for collect said sum, either from the owners of the abutting property ing notes. on said street, or from the Binghamton Railroad Company, which owns and operates an electric street railway through said street, then the said city shall add such uncollected amount to any succeeding annual city tax budget and collect the same in the same manner as other taxes for city purposes, and when so collected shall apply the same to the payment of any outstanding notes issued under the provisions of this act.

§ 4. This act shall take effect immediately.

City charter

Chap. 28.

AN ACT to amend chapter three hundred and eighty-five of the laws of eighteen hundred and sixty-two, entitled "An act to amend and consolidate the several acts relative to the city of Schenectady," as amended by chapter eighty-five of the laws of eighteen hundred and ninety-five, relating to money to be raised for school purposes.

Accepted by the city.

Became a law February 28, 1899, with the approval of the Governor. Passed, 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 seven, title six, of chapter amended. three hundred and eighty-five of the laws of eighten hundred and sixty-two, entitled "An act to amend and consolidate the several acts relative to the city of Schenectady," as amended by chapter six hundred and twenty-one of the laws of eighteen hundred and seventy-three, as amended by chapter eighty-five of the laws of eighteen hundred and ninety-five, relating to money to be raised for school purposes, is hereby further amended so as to read as follows:

Tax for

school purposes.

6. The common council shall not be required to raise, for the purposes specified in this section, a sum greater than would be yielded by a tax of five mills upon each dollar of the real and personal property in said city liable to taxation for city and county charges, as appears by the tax rolls of the said city for the year in which the said common council are required to raise said tax. And the common council is authorized and directed to borrow, upon the promissory note of the city, in anticipation of the amount to be raised by tax as aforesaid, such sums as the board of education shall from time to time certify are required by it. § 2. This act shall take effect immediately.

Chap. 29.

AN ACT to authorize the town of Massena, in the county of Saint Lawrence, to acquire a site and construct a town hall in said town and issue bonds in payment therefor.

Became a law February 28, 1899, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Electors

may vote sum for

Section 1. The electors of the town of Massena, in the county of Saint Lawrence, may, at an annual town meeting or at any town hall special town meeting of such town, to be called, held and conducted in pursuance of the provisions of law for calling, holding and conducting special town meetings, for the purpose for which such special town meetings are authorized by law to be called and held, vote, by ballot, a sum not exceeding twenty thousand dollars, for the purpose of constructing a town hall in and for said town of Massena.

of site.

§ 2. The electors at such town meeting may also vote by ballot Acquisitio upon the proposition to acquire a suitable site upon which to erect such town hall, which site may be differently located than the one already owned by said town, and to vote a sum not exceeding two thousand dollars to pay therefor; and if the minutes of such town meeting filed with the town clerk of such town show a majority of the votes cast at such meeting to be in favor of such proposi tion, the town board of such town shall thereupon be authorized to acquire, in the name and behalf of such town, by purchase or condemnation, such lands as, in the judgment of said board, may be necessary and proper therefor.

bonds.

§ 3. The town board of such town is hereby authorized to bor- Issue of row upon the faith and credit of said town, the sum of twentytwo thousand dollars or such portion thereof as the electors of such town may determine, to raise as provided in the last two sections, for the purposes therein expressed. For the moneys so borrowed the said town board is hereby authorized to issue the bonds of said town, signed by the supervisor and the town clerk of said town, which bonds shall be of such denomination, and be payable at such times (not exceeding twenty years from the date thereof), as said board shall think proper, and the said bonds shall be disposed of at not less than par and at the lowest obtainable interest, cot exceeding five per centum per annum.

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