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assessors

assessors

within the time aforesaid. All persons who shall file said state. Hearing ment and objections within the time aforesaid shall be heard be. as fore said assessors in person or by counsel for four days immediately succeeding the expiration of the fifteen days during which time the said rolls shall remain at the office of the city clerk and the said assessors or a majority thereof shall meet at the common council chamber of said city for four days immediately succeeding the expiration of said fifteen days between the hours of nine ante meridian and five post meridian for the purpose of hearing objections to said assessments from all persons who have filed such objections and statement in writing as aforesaid, and it shall be the duty of the corporation counsel to assist wem in any exam. ination that they may make and in the performance of their duties generally. Any one of said assessors may administer oaths Powers of or take the affidavit or deposition of any person to be used before said assessors. The said assessors shall decide upou all objections made to such assessments and shall have power and it shall be their duty, to reduce, remit, alter and correct any apportion: ment, assessment or other matter upon said assessment roll and when completed sign the same and file said roll with the city clerk.

§ 6. Upon the filing of said completed assessment roll with the Warrant city clerk, as aforesaid, the common council shall thereupon cause collection to be attached to said roll a warrant directed to the city treasurer, meuts. signed by the mayor and city clerk with the seal of the city at. tached, commanding the said city treasurer to proceed to collect the amount set forth in the last column of said roll as herein. after prescribed, which said roll shall be immediately filed in the office of the city treasurer.

§ 7. Upon the receipt of said roll the said city treasurer shall notice of give notice that such roll has been filed in his office in the same completion papers and for the same length of time wherein the notice of the completion of the said roll by said assessors is by this act required to be published, and by posting a copy of same in eight public places in said city. Said notice shall also recite the time within which such assessments are required to be paid. The city treasurer shall receive the amounts set forth in the last colunin fenayof said roll, for sixty days from the date of the filing of said roll and warrant with him, without percentage or fee. At the ex. Action and piration of said sixty days the treasurer shall certify to the cor- to enforces

ca

for ise collection

of assess

filing and

of roll.

Receiving of pay. ment.

proceeding

collection.

poration counsel a list of all assessments unpaid and thereupon
and without further notice, the corporation counsel shall com-
mence an action in the name of said city in any court of record
within Rensselaer county, to enforce the collection of said
assessment and foreclose the lien thereon and to pro-
cure a sale of the premises for the satisfaction of the same.
All of the provisions of law relating to actions for foreclosure
of mortgages upon real property shall be applicable to all actions
which shall be brought pursuant to this section, whether the
whole amount be due on such assessment or only a portion thereof,
and the same proceedings may be had therein as upon such fore.
closure and with the same force and effect, and the expense of
bringing such action shall be chargeable against the property
proceeded against in like manner as in foreclosure. Upon the
enforcement of every such lien in such an action and in the judy.
ment entered therein, the court shall grant costs to plaintiff in
such sum as may in its discretion be just and proper, and upon
a sale thereof in said action the purchaser shall take an absolute
title to the premises in fee simple, and the defendants in said
action shall be barred and foreclosed of all right, claim, lien and
equity of redemption in the premises so sold, but no personal

recovery shall be had in said action for any deficiency erence on said sale. All actions brought in pursuance of this section

and all proceedings and appeals therein shall have a preference in all courts in the same class and with the same effect as in actions in which executors or administrators are sole plaintiffs or sole defendants.

8. The common council of the city of Rensselaer shall in finally determining the total amount of the annual city tax levy, in the year eighteen hundred and ninety-nine, insert therein an amount sufficient to pay the proportionate part of the amount originally assessed against the village of Greenbush for its share of the cost of any and all of said local improvements, which proportionate part shall be or may become due and chargeable against the said city, as successor of said village of Greenbush, at any time

prior to the first day of August following the determination of 11. the total amount of such annual city tax levy, and shall insert

therein, in addition to said sum, an amount sufficient to pay all instalments of assessments with interest, which shall fall due in the fiscal year next succeeding the determination by the said

of action.

Tax for payment of city's share.

For install ments of assess ments.

> for installments.

common council of the amount of the city tax levy in said year. In fixing the amount so to be raised the rate of interest and the Rate est. method of computing the same shall be as prescribed by this act of for apportioning and computing the amount due from private owners of property in said city, and the original amount of said assessment shall be deemed to be due in twenty annual instalments from the date of the confirmation of the first assessment roll for each of said improvements by the assessors of the village of Greenbush, and the said amounts shall be levied and collected in the same manner as other city taxes are levied and collected in said year. In each succeeding year the common council shall, Annual taz in determining the amount of the city tax levy for that year, insert therein the amount of the instalment of each assessment for any of said local improvements falling due in the fiscal year following the determination of the amount of the city tax levy for said year with interest thereon and all such instalments shall fall due at the same times and interest be added and computed in the same manner and at the same rate as in the case of instal. ments of assessments for said local improvements chargeable against private property in said city, and the amount so inserted in said annual city tax levy shall be levied and collected in the same manner as other city taxes are levied and collected in said year.

§ 9. The city treasurer of said city shall in each and every year, Addition of in which any instalment upon any such assessment so made, shali unpaid. become due and payable, add to the amount of such unpaid in.m stalment interest upon the unpaid portion of such assessment for one year at the rate of four per centum per annum and extend the same in the last column of said special assessment roll. The city treasurer shall upon the date when any such instalment Collection shall become due and payable, proceed to collect the amount so ments. extended in the last column of said roll for said year, in the same manner, with the same fees and upon the same notice as if the local improvements for the payment of which the original assessment, of which said instalment is part, was made, had been made by the said city pursuant to the terms of the charter thereof, and all the provisions of said charter, applicable to the collection and enforcement of assessments for local improvements made by said city shall be applicable to the enforcement and collection of each of said instalments and the interest thereon. All per- Percentcentages and fees of the city treasurer shall be collected from the fees of city

interest to unpaid install ments.

of install

ages and

treasurer.

Interest due on in

tion of roll.

Deposit of

date when said instalment and interest shall, pursuant to the

terms of this act, become due and payable. As to all instalat comple: ments due at the time of the completion of said special assess

ment roll, herein provided for, interest shall run from the daie of the completion thereof on the sum assessed in the fifth col

umn of said roll. Deposit of $ 10. All sums of money received from the collection of the

said assessments and instalments thereof, exclusive of costs and disbursements recovered in any action for the enforcement of the lien thereof, shall be deposited by the city treasurer in an account in some bank in the city of Albany, designated for that purpose by the common council of said city for the payment of the bonds of the village of Greenbush, known as Greenbush improvement bonds, heretofore issued by the said village for the payment of the costs and expenses of the said local improvements, and shall be used for no other purpose whatsoever until the whole amount of the said bonds with interest due thereon shall be paid, satisfied and discharged and thereupon the surplus, if any there be, shall be paid into the general fund of the said city.

§ 11. This act shall take effect immediately.

Use
rest ricted.

Chap 307.
AN ACT to legalize, ratify and confirm certain bonds of the

village of Windsor issued in pursuance of a special election
held on the thirtieth day of August, eighteen hundred and
ninety-eight, for the purchase and improvement of a system of

water works for such village. Became a law April 13, 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 special election held in the village of Windsor on the thirtieth day of August, eighteen hundred and ninety-eight, to determine upon the proposition of purchasing and improving a system of water works for such village, is hereby legalized and confirmed, and the bonds of such village to the amount of twenty thousand dollars, issued in pursuance of such election, shall be valid and binding obligations upon such village, notwithstanding any defects in the notice or conduct of such election or in the issue and sale of such bonds.

§ 2. This act shall take effect immediately.

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Jurisdiction to her

chap. 308. AN ACT to confer jurisdiction upon the court of claims to hear,

audit and determine the alleged claim of John Culleton against the state of New York, for damages alleged to have been sus

tained by him, and to render judgment therefor. Became a law April 13, 1899, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows :

Section 1. Jurisdiction is hereby conferred upon the court of Jul claims to hear, audit and determine the alleged claim of John Claim. Culleton against the state of New York, for damages alleged to have been sustained by him by reason of the fact that while he was a convict in Sing Sing prison, and in and during the year eighteen hundred and ninety-six he was compelled by the warden and officer in control of said prison to tease the hair of horse skins upon which there remained putrid flesh which caused him to get blood poisoning, to get sick and to become paralyzed and per. manently disabled.

§ 2. No award shall be made or judgment rendered herein Judgment against the state, unless the facts proved shall make out a case against the state, which would create a liability were the same established in evidence in a court of law or equity against an individual or corporation; and in case such liability shall be satisfactorily established, then the court of claims shall award to and render judgment for the claimant for such sum as shall be just and equitable, notwithstanding the lapse of time since the accruing of damages, provided the claim hereunder is filed with the court of claims within one year after the passage of this act.

§ 3. This act shall take effect immediately.

or award.

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