act to revise the charter of the city of Buffalo," is hereby amended to read as follows:

$33. On the first Monday of January, of each even numbered City clerk. year, or as soon thereafter as practicable, the common council shall by joint ballot in joint session of both boards, a quorum of each board being present, elect a city clerk, who shall be the clerk of the city and the clerk of the common council. He shall hold his office until his successor shall be appointed and has qualified.

§ 2. This act shall take effect immediately.

Chap. 49.

AN ACT to authorize the commissioners of the almshouse of the city and town of Newburgh to borrow money and to use the same for building purposes for the better care of the poor of said city and town.

Accepted by the city.

Became a law March 8, 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:

sale of

Section 1. The commissioners of the alms house of the city Issue and and town of Newburgh are hereby authorized and empowered bonds. to issue four bonds in their corporate name. Said bonds shall be numbered one to four inclusive and shall be signed by their president and superintendent. They shall be for the sum of two thousand dollars each, and shall be made payable at the Highland National Bank of Newburgh, New York, in one, two, three and four years from the date thereof respectively and shall bear interest at a rate not to exceed four and one-half per centum per annum payable semi-annually, and shall be disposed of by said commissioners at public sale at not less than their par value, and the proceeds thereof shall be used for the purpose of paying the cost of the improvements, buildings and fixtures hereinafter mentioned.

ture of pro

§ 2. The said commissioners of the alms house of the city Expendiand town of Newburgh are hereby authorized and empowered ceeds. to expend the proceeds of the sale of the bonds herein before mentioned for improvements to the alms house premises, as follows, to wit:

1. For alterations to the present building for the better accommodation of the poor of said city and town.

2. For the erection of a new building upon the alms house premises to be used as a laundry and for furnishing the same with boiler, engine and suitable machinery.

3. For the erection of a new building upon the alms house premises to be used as a residence for the superintendent. §3. This act shall take effect immediately.

Village charter amended.

Chap. 50.

AN ACT to amend chapter two hundred and sixty-nine of the Laws of eighteen hundred and ninety-eight entitled "An act to revise, amend and consolidate the several acts relating to the village of Fulton, in the county of Oswego, and to repeal certain acts in relation thereto."

Became a law March 8, 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. Sections twenty-three, thirty-eight, forty-two, forty. three, forty-four, forty-five, fifty-three, fifty-seven, sixty-three, ninety-two, one hundred and thirty-two and one hundred and forty-five of such chapter two hundred and sixty-nine of the laws of eighteen hundred and ninety-eight are hereby amended to read as follows:

§ 23. President. The president of the village is its executive officer and the head of its police force. It is his duty to see that the provisions of this act and the resolutions and ordinances of the board of trustees, are enforced, to cause all offenses created thereby to be prosecuted, to institute civil actions in the corporate name of the village for penalties recoverable by the vil lage, to exercise supervision over the conduct of the police and other subordinate officers of the village, to recommend to the board of trustees such measures as he may think necessary. He has the power, and it is his duty, to veto any resolution or ordinance of the trustees, by his order, to be entered upon the records of the village, with his reasons therefor, when in his judgment it is in violation of this act, or any law of this state, or appropriates money, or involves expenditures improvidently. If,

at the same meeting or the next regular one thereafter, twothirds of the board, excluding the president, shall again pass said resolution or ordinance, it shall take effect; otherwise it shall fail. The president, in behalf of the village, must execute all leases, contracts, licenses, and other papers to be executed as the act of the village, when so authorized by the board of trustees. If the president be absent or unable to perform the duties of his office, the trustees shall appoint one of their number to act as president, who, during the absence or inability of the president, is vested with all the powers and may perform all the duties of the president. The president may, when in his judgment the safety of person or property, or the good order of the village demands it, designate one or more persons, by appoint. ment in writing, to act as special policemen for such time, not extending beyond the next meeting of the trustees, as he shall deem necessary, when he shall report to such meeting the appointment so made, and his reasons therefor. The services of such special police shall be paid from the general fund of the village.

§ 38. When ordinances take effect.-Every ordinance hereafter adopted or approved by the board of trustees of the village, shall be entered in its minutes, and published in the official paper of the village once each week for two consecutive weeks, and a printed copy thereof posted conspicuously in at least three public places in the village for at least ten days before the same shall take effect, and an affidavit of the publication and posting thereof shall be filed with the clerk. But such ordinance shall take ef fect from the date of its service as against a person served personally with a copy thereof, certified by the village clerk under the corporate seal of the village, and showing the date of its passage and entry in the minutes.

§ 42. Annual assessment-roll.-The assessors of the village shall, on or before the third Tuesday in May prepare an assessment-roll of the persons and property taxable within the village in the same manner and form as is required by law for the preparation of a town assessment-roll.

§ 43. Meeting of assessors to hear complaints.-The assessors shall, at least one week before the third Tuesday in May in each year, cause a notice to be published in each newspaper published in the village, and posted in at least five conspicuous public places in the village, that on such third

Tuesday in May, at a specified place and during four consecutive hours to be named, they will meet for the purpose of completing the assessment-roll, and of hearing and determining complaints in relation thereto, and they may adjourn such meeting from day to day, not later than the following Saturday. The village assessors possess all the powers and are subject to all the duties of town assessors in hearing and determining complaints as to assessments.

§ 44. Completion and verificotion of assessment-rolls.-When the assessors, or a majority of them, shall have completed the village assessment-roil, they shall severally make, subscribe and attach to such roll, an oath, in substantially the same form as is required of town assessors by the tax law. The roll as so completed and verified shall be filed with the village clerk on or before the fourth Tuesday in May.

§ 45. Failure to hold meetings -If the meeting for completing the village assessment-roll and hearing complaints in relation thereto is not held on the third Tuesday in May, each of the assessors shall forfeit to the village ten dollars, and they shall by resolution, fix another time therefor, and give notice thereof at least ten days prior thereto by publication thereof in the same manner as for the first meeting, by posting copies thereof in at least five conspicuous places in the village. The assessors shall meet accordingly at the time and place appointed, shall hear complaints, complete the assessment-roll, and file the same on or before the fourth day after such meeting, in the same manner as near as may be as if their annual meeting had been held as required by law. If the completed assessment-roll shall not be so filed on or before the fourth day after the meeting for completing the same and hearing complaints in relation thereto, in either case, the assessment shall not on that account be invalid, but such roll shall be filed in like manner as soon as may be thereafter, and each assessor shall forfeit to the village five dollars for each day of such neglect.

§ 53. Collection of taxes by collector.-Upon receiving the assessment-roll and warrant the collector shall cause a notice to be published at least once in the official paper, and to be posted conspicuously in five public places in the village, stating that for thirty days after a date specified in said notice, he will attend at a convenient place in the village specified in the notice, for the purpose of receiving taxes. Within five days after the posting of

such notice, the collector shall serve a copy thereof upon each corporation named in or subject to taxation upon the assessmentroll and whose principal office is not in the village, by delivering such copy to a person designated by the corporation for that purpose by a written designation filed with the village clerk, or to any other person in the village acting as the agent or representative in any capacity of such corporation. If there is no such designated person or agent in the village, service of such notice upon the corporation shall not be required. Any person or corporation paying taxes within thirty days from the date specified in the notice, shall be charged with one per centum thereon, and thereafter with five per centum, for the fees of the collector. If a notice is not served upon a corporation, as herein required, the collector shall only be entitled to one per centum as his fees upon the taxes assessed against it. After the expiration of such thirty days the collector shall proceed to collect the taxes remaining unpaid, and for that purpose he possesses all the powers of a town. collector. The laws relating to town collector shall also, so far as consistent with this act, apply to the collection of the village taxes.

§ 57. Notice of sale.-Notice of the sale shall be published in the official newspaper once in each week for at least four consecutive weeks, and posted in at least five conspicuous places in the village, and a copy thereof served on the owners of such real property at least three weeks before the sale. The notice of sale shall contain a brief description of the property and a brief statement of the facts authorizing the sale, and the time and place thereof.

§ 63. Actions to recover unpaid taxes and water rents.-After a lapse of ten days from the return of the collector, or from the date when water rents are due, an action may be maintained, as upon contract, by the village, to recover the amount of an unpaid tax or water rent, together with five per centum there. on, and interest from the time of such return or date at the rate of ten per centum per annum. A judgment in such action for any amount, when docketed in the office of the county clerk, shall be a lien upon the real property of the defendant. Supplementary proceedings may also be taken for such tax or water rent, for any amount, in accordance with the provisions of the tax law.

§ 92. Pavements.-The word "pavement" as used in this act, includes curbs, gutters and drains or storm sewers. The board