*

Appeal

majority of the trustees of said village, and by him paid into the hands of the treasurer thereof, to be applied and expended, from time to time, in such manner and for such purposes as the said trustees or a majority of them shall direct and appoint, for the benefit of said village; and the said trustees shall cause to be posted, in three public places in said village, a notice that such assessment roll is made out and open for inspection with the clerk of the said village; and a copy of said assessment roll shall be kept by said clerk, open for inspection by the taxable inhabitants of said village at least ten days from the time of posting the said notices; and provided from assess- further, that if any person shall consider himself or herself aggrieved by any such assessment aforesaid, it shall be lawful for such person to appeal from the determination of such trustees to any three justices of the peace in the town of Palatine, giving notice to the clerk of the village of such appeal and of the time for determining thereon by such justices, who shall, within five days thereafter, hear the same and Hearing of do therein what shall appertain to justice; and the decision of such justices or any two of them shall be final and conclusive; but such appeal shall be brought before the said justices within ten days from the time of posting the notice of the said assessment as aforesaid.

ment.

appeal.

$26. Any person in possession of any real estate in the said village, at the time any tax is to be collected, shall be liable to pay the tax thereon, and any personal property found upon the premises, may be seized and sold therefor; and in case such person is not bound by agreement or otherwise to pay such tax or any part or portion thereof, he or she shall or may recover the same amount from the owner of such real estate or other person whose duty it was to have paid the same; and all taxes upon any real estate in said village shall be a lien thereon. The trustees or a majority of them shall have power to appoint a collector to collect all taxes laid or assessed by them in the said village; and the said collector shall execute a bond, with security, approved by the said trustees, of double the amount assessed, and deliver

the same to the said trustees within ten days after his appointment; and his fees for collecting said tax shall be fixed by the said trustees.

Tax for

water

conditions it

$27. In case the taxable inhabitants of said village, at a meeting regularly called by posting notices works. in three public places within said corporation at least ten days before said meeting, shall resolve or determine to raise two thousand dollars or any other sum, for the purpose of procuring pure water for the use of said village and for extinguishing fires therein, then the trustees of said village are hereby empowered to raise the sum so voted, by a tax upon the real and personal property of said village, and to expend the same for the purpose aforesaid, provided that they shall have previously caused to be made may be laid. by a competent engineer, or some other competent person or persons, a bona fide estimate of the cost of procuring water as contemplated by this act, including the cost of a reservoir or reservoirs, and such fixtures and apparatus as may be needed to make the said water available to the inhabitants of said village; including also in such estimate any incidental expenses that may be needed and necessary to carry out the proposed enterprise; and in case the said estimate shall exceed the sum so determined to be raised, as herein before expressed, then the said trustees shall have no power to raise the same.

$28. This act shall not affect in any respect the Free bridge. provisions of the act relative to the free bridge between the village of Palatine Bridge and the village of Canajoharie.

$29. All acts and parts of acts, so far as they affect the provisions of this act, are hereby repealed. $30. This act shall take effect immediately.

Chap. 108.

AN ACT to allow increased compensation to the Treasurer and late Treasurer of Otsego county. Passed March 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The treasurer of the county of Otsego shall receive, instead of the compensation now allowed by law, one-half of one per cent for receiving, and one-half of one per cent for disbursing the moneys that shall hereafter come into his hands, and one half of one per cent for disbursing the moneys that have come into his hands since the first day of January, eighteen hundred and sixty-seven, to be audited and paid by the board of supervisors of said county; but the whole sum so received, shall in no case exceed the sum of eight hundred dollars annually.

$2. The treasurer of Otsego county is hereby required to pay to James I. Hendryx, late treasurer of said county, upon his order and receipt therefor, the sum of three hundred dollars, for extra services rendered the county of Otsego as such treasurer, within the year eighteen hundred and sixty-six. S3. This act shall take effect immediately.

Chap. 109.

AN ACT to authorize the Board of Town Auditors of the towns of Oyster Bay and North Hempstead, in the county of Queens, to raise by tax, upon the taxable property of each of said towns, the sum of two thousand five hundred dollars.

Passed March 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The towns of Oyster Bay and North Hempstead, in the county of Queens, are hereby

authorized to submit to electors thereof, at the next annual town meeting to be held in said towns, for adoption or rejection, whether they will raise upon the taxable property of each of said towns the sums of twenty-five hundred dollars, for the purpose hereinafter named, to be signified by a vote by ballot; such ballots to have written or printed thereon: "For raising two thousand five hundred dollars to finish the poor house now being built, and to furnish said building, and to erect out buildings upon the Jones Institute farm;" or, "Against raising two thousand five hundred dollars to finish the poor house now being built, and to furnish said building, and to erect out buildings upon the Jones Institute farm."

Towns to question of house, &c.

vote on

tax for poor

be raised.

2. If a majority of the ballots so cast, in each of when tax to said towns shall be favor of raising said sum of two thousand five hundred dollars, then the board of town auditors of the towns of Oyster Bay and North Hempstead, in the county of Queens, shall levy and raise by tax, upon the taxable property of each of said towns, during the year one thousand eight hundred and sixty-seven, in the same manner as other town charges are now levied and collected, the sum of two thousand five hundred dollars, which amount when collected, shall be paid over by the collectors of each of said towns, to the supervisor thereof.

of proceeds

3. The supervisor of each of said towns of Oys- Application ter Bay and North Hempstead shall, on or before the first day of March, one thousand eight hundred and sixty-eight, pay to the trustees of the Jones' fund, for the support of the poor of the said towns of Oyster Bay and North Hempstead, the above named sum of two thousand five hundred dollars, to be used and expended by the said, the trustees of the Jones fund, to finish the poor house now being built, and to furnish said building, and to erect out buildings upon the farm where the poor of said towns are now kept, situated at Brookville, in the town of Oyster Bay, and known as the Jones Institute farm.

*So in the original.

Report of trustees of the Jones

fund.

S4. The said "the trustees of the Jones fund," for the support of the poor of the towns of Oyster Bay and North Hempstead, in the county of Queens, or their successors in office shall, on or before the last Tuesday in March, one thousand eight hundred and sixty-nine, make a report in writing, by items, of the expenditure of moneys named in the preceding sections, verified by the affidavits of the president and secretary of said trustees, to the board of townauditors of each of the said towns of Oyster Bay and North Hempstead, which report shall be presented by said board to the electors of each of said towns at the next annual town meetings, and after being acted upon by the electors, to be filed with the town clerk of said towns, and in case there shall remain any surplus in the hands of said trustees, at the time of making such report, the one equal half thereof shall be paid to the supervisor of the town of Oyster Bay, and the other equal half to the supervisor of the town of North Hempstead.

§ 5. This act shall take effect immediately.

Chap. 110.

AN ACT to amend an act entitled "An act to provide for the appointment and payment of a clerk or clerks in the office of the Surrogate of the county of Kings," passed March thirtieth, eighteen hundred and forty-nine.

Passed March 22, 1867; 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 the act entitled "An act to provide for the appointment and payment of a clerk or clerks in the office of the surrogate of the county of Kings," passed March thirtieth, eighteen hundred and forty-nine, is hereby amended so as to read as follows:

2. The clerk or clerks appointed in pursuance and by authority of this act, shall have power to administer oaths and perform such other duties as are