No commission

on

un

Court proceedings to

collect.

§ 12. No commission shall be allowed upon taxes returned by the delinquent tax clerk as unpaid. If a tax or assessment upon paid taxes. any tax list or assessment list levied against any person or corporation is returned by the delinquent tax clerk uncollected for want of personal property out of which to collect the same, the treasurer, within one year thereafter, may apply to a court of record, or a judge or justice thereof, for the institution of proceedings supplementary to execution, as upon a judgment docketed in such county, for the purpose of collecting such tax or assessment and fees with interest thereon at twelve per centum per annum, from the time such tax or assessment was confirmed. Such proceedings may be taken against a corporation, and the proceedings may thereupon be had in all respects for the collection of such tax or assessment as for the collection of a judgment by proceedings supplementary to execution thereon against a natural person; and the same costs and disbursements may be allowed against the person or corporation examined, as in such supplementary proceedings; but none shall be allowed in his or its favor. The tax, if collected, and the costs and disbursements allowed shall belong to the city.

Redemp

tion when

to city.

§ 13. The common council, shall not, unless by unanimous vote, lands sold allow owners or others interested in lands sold to the city for nonpayment of taxes or assessments, to redeem the same, unless by payment of the amount for which such sale shall have been made, and all accrued interest thereon and the expenses properly charged Rights of thereon. If any person having a lien by mortgage, judgment or otherwise, upon lands, sold for taxes or assessments, shall redeem the same from the sale, he may add the amount paid to redeem to his mortgage, judgment or lien, and enforce it with interest as part thereof.

llenors

redeem

ing.

Action to collect unpaid tax.

Applica

tion to

assess

ments.

Proceed

ings

when tax

cannot be collected.

Bond of city treasurer.

§ 14. The city shall have power to collect by civil action, any tax or assessment imposed pursuant to the provisions of this act against any person or corporation, which shall be returned by the delinquent tax clerk as unpaid, in whole or part; but such action must be commenced within two years after such return by the delinquent tax clerk.

§ 15. All provisions of this act as to ordinary taxes shall apply to every assessment under this act, for whatever purpose imposed. § 16. In case any tax or assessment shall be returned by the delinquent tax clerk unpaid, which, by reason of the non-residence of the person bound to pay the same, or for any other cause, cannot be collected, the common council may reassess and collect in the succeeding year the amount thereof on the property upon which any such tax was imposed, or may add the amount thereof on the property upon which any such tax was imposed, or may add the amount thereof to the moneys authorized by the provisions of this act to be raised by tax in the succeeding year.

§ 17. The treasurer of the city of Utica before he receives the assessment rolls from the supervisors as required by this article, and within eight days after he receives notice of the amount of taxes thereon, shall execute to the county treasurer of the county of Oneida, a bond, with one or more sureties, to be approved of,

by such county treasurer in the amount of twenty-five thousand dollars, conditioned for the faithful execution of his duties in the receipt and payment of said taxes.

as to re

taxes.

§ 18. The treasurer of the city of Utica, after he shall have given Duties of the bonds required by the provisions of section seventeen of this treasurer article, is authorized and directed to receive from the several per- ceiving sons named in the assessment rolls of the several wards of the city, mentioned in article three, title two, chapter thirteen, part first of the revised statutes, the several sums mentioned in the seventh column of such rolls, opposite to their respective names, in the manner prescribed, for the receipt of city taxes, and shall publish notice and attend at his office for the same length of time, make entries of payments on the assessment rolls, and give receipts. therefor in the same manner as directed in regard to the city tax lists.

of lists

tax clerk.

latter.

bonds to

§ 19. The city treasurer of the city of Utica, shall, within Delivery five days after the expiration of the month mentioned in this to dearticle deliver the tax list in his hands of each ward of said city linquent to the delinquent tax clerk, in the same manner as provided in reference to the collection of city taxes, and the said delinquent Duties of tax clerk shall perform such duties and have the same power in the collection of said taxes and in making return and paying over the same as in the collection of the city taxes of said city. Within five days after the return to him of said tax lists, the city treasurer Issue of shall certify to the comptroller and to the city clerk of said city meet sum the amount remaining unpaid upon the assessment rolls of the unpaid. various wards of said city, and thereupon the said city shall cause to be raised by bonds, under the provisions of the second class cities law, sufficient money to meet the sum so certified to be due and unpaid, and upon receipt of the same the city treas- Payment urer shall pay over to the county treasurer of the county of Oneida the entire sum levied upon the city or town of Utica for county state or county purposes and the said treasurer of the county of Oneida shall give to the said city treasurer a receipt therefor, and thereupon the said sums as set forth upon said assessment rolls of the various wards, as due and unpaid, shall be due and Lien of owing the said city of Utica, shall be deemed city taxes, and shall pa be a lien upon the real estate assessed therefor in case of real collection. estate assessment, and the said city shall have the right to collect the same in accordance with the provisions of law in reference to the collection of city taxes by tax sale or otherwise, and all the revisions of the city charter, as amended, as to ordinary city taxes, shall apply to every tax or assessment under this act, and the said city shall have the right to add to such tax the same penalties in the same manner as for city taxes.

of state

and

taxes.

taxes;

of treasurer.

§ 20. The treasurer of the city of Utica may expend such sums Expenses of money for extra clerk hire and for postage and printing for the collection of the county taxes in said city as shall be allowed in the annual estimate and tax budget of said city, the expenses thereof to be audited and paid in the same manner as other city expenses are audited and paid.

1

ARTICLE VI.

Opening streets,

etc.

Description of

real estate required; estimate

of cost.

Publication of

notice of improvement.

Hearing.

Proceed

ings when not

necessary

to appropriate real estate.

Proceed

ings when necessary to appropriate real estate.

Assess

ment of property benefited.

OPENING STREETS, PUBLIC SQUARES, ETC.; APPROPRIATING LANDS.

§ 1. Whenever the common council shall intend to lay out, extend, open, widen or contract any street, lane or highway, or any park, pleasure ground or public square, or to acquire any land. or interest in land for municipal purposes, it shall by ordinance direct some officer or officers of the city, to be designated in such ordinance, to ascertain and report a description of the real estate required to be appropriated for such proposed improvement, with the names of the owners thereof and an estimate of the total expense of such proposed improvement; whether any, and if any, what part of such expense ought to be borne and paid for by the city, and whether any, and if any, what real estate would be benefited by the improvement requiring the appropriation of such real estate, specifying the same in parcels, described with certainty, with the names of the owners, if they can be ascertained. Upon presentation of the report of such officer or officers it shall cause a notice to be published in the official newspaper or newspapers for six days, specifying the proposed improvement, the estimated expense thereof, the real estate to be appropriated, and the portion or part of the city to be assessed therefor, stating the day upon which it will act thereupon; which day shall be at least eight days subsequent to the first publication of the notice; and shall require all persons interested in the subject matter of the proposed improvement to attend the common council at such time and place stated in such notice. At the time and place so stated, the common council shall proceed to hear the allegations of the owners and occupants of real estate to be appropriated or assessed for the improvement contemplated, and, after hearing the same shall take such further action in respect to such proposed improvement as it shall deem proper.

§ 2. In case it shall not be necessary to appropriate for the purpose contemplated any real estate which shall not belong to the city, or which shall not be given to the city for the purpose, the common council after hearing the parties interested as aforesaid, may proceed to lay out, extend, open, widen, contract or discontinue any street, lane or highway, or any park, pleasure ground or public square mentioned in the notice aforesaid.

§ 3. In case it shall be necessary to appropriate for the purpose contemplated any real estate which shall not belong to the city, or which shall not be given to the city for the purpose, the common council after hearing the parties interested as aforesaid may authorize the purchase of such real estate of the owner or owners thereof, upon such terms and for such compensation as it shall judge reasonable, and thereupon receive a conveyance or conveyances thereof to the city. If purchase be made, the common council may authorize and direct all or any portion of the costs and expenses of such improvement to be assessed upon and collected. from the real estate benefited thereby. Whenever the common

council shall authorize the purchase of real estate deemed necessary, and pay for the same without any assessment on the property benefited, no further proceeding shall be necessary. But if the common council shall determine that the whole or any part of the purchase price, or of costs or expenses, should be assessed upon the property benefited, the common council shall appoint not less than three, nor more than five disinterested freeholders of the city, to apportion and assess the same upon the property benefited. Such freeholders shall proceed in the making of such apportionment and assessment in the same manner as in that respect required of the commissioners hereinafter mentioned. If such freeholders, or any of them, shall decline to or be unable to serve by reason of sickness or from any other cause, the common council may appoint other freeholders in their places.

ordinance

with city

§ 4. In case no agreement for the purchase of the real estate when deemed necessary to be appropriated can be made, the common and map council shall cause a copy of the ordinance determining its in- to be filed tention to lay out, extend, open, widen or contract such street. clerk. lane or highway, or park, pleasure ground or public square to be made and placed on file in the office of the city clerk, together with a map of the proposed improvement, designating on such map the lots, tracts or parcels of real estate deemed necessary to be appropriated, and showing the commencement and determination of the proposed improvement, and also the part or portion of the city deemed to be benefited thereby.

application

assess

ascer

tion, serv

§ 5. The common council shall cause to be published for at Notice of least four days in the official newspapers, a notice specifying and for combriefly describing the land necessary for such public improvement, missioners and the portion of the city deemed to be benefited by the making tain and thereof, and stating that an application will be made to the damages; supreme court, the county court of Oneida county, or the city publicacourt of the city of Utica, which court shall always be deemed ice. to be open for that purpose, at a time and place in said notice to be specified, for the appointment of commissioners to ascertain and determine what damages and compensation the owner or owners or occupants of such land to be taken will be entitled to for the same, and to apportion and assess the damages and expenses attending such improvement upon the real estate benefited thereby. The common council shall, also, at least five days before the time named for such application, cause a copy of said notice to be served upon each of the owners and occupants of the premises to be taken. Such notice shall be served personally upon persons residing in the city, or by leaving the same at their places. of abode, with some person of suitable age and discretion. Upon nonresidents it may be served personally, or upon their agent residing in the city, if there be one, or by mailing it, addressed to them at their reputed places of abode. In case the owners are unknown, or after due diligence, cannot be found, or their places of abode cannot be ascertained, the publication of the notice in the official newspapers shall be equivalent to personal service.

When application may be made.

Appointnient of cominissioners

Oath of commis

sioners.

Proceed

ings.

§ 6. The application specified in the fifth, seventh and tenth sections of this article, may be made either in term or in vacation, and for the purpose of hearing and deciding such applications, the said courts shall be always open.

§ 7. At the time and place in said notice specified, or at such other time and place that the court shall appoint, and upon filing proof by affidavit to the satisfaction of the court, of the publication of service of such notice as above provided, and upon hearing the city by its attorney or counsel, and the parties interested, the said court shall appoint not less than three nor more than five commissioners, who shall be freeholders and residents of the city of Utica, not interested in any of the land to be taken or assessed, nor of kin to any owner or occupant thereof, to ascertain and determine, as hereinafter mentioned, the damages which the owners or occupants of such land to be taken will be entitled to, and to apportion and assess, as hereinafter mentioned, such damages, together with all expenses of such improvement (except such portion thereof, if any, as the common council shall have determined ought to be borne by the city) upon the real estate benefited thereby. If the commissioners or any of them, shall decline to, or be unable to serve from sickness or any other cause, other commissioners may be appointed in their places by the court to which the first application was made, upon giving two days' notice to the persons interested who appeared at the first application, of the time and place at which such appointment will be made. The qualifications of the commissioners appointed under this section shall not be questioned by any person interested, except such as shall have appeared at the time of their appointment and specified their objections in writing to the court.

§ 8. The commissioners so appointed shall, before they enter upon the duties of their office, be sworn faithfully to discharge their duties, according to the best of their ability, and to make report of their proceedings according to the provisions of this act, without favor or partiality. They shall give public notice by a ings; hear notice published in the official newspapers of said city for six days, of the time when, and the place where, they will first meet to enter upon their duties; and at the time appointed, or at any time to which they may adjourn, they shall proceed to view the land and premises proposed to be taken, and may then, or at any other time to which they may adjourn, hear such proofs and allegations of the parties interested, as they, in their discretion may deem proper; and may issue subpoenas for the attendance of witnesses, and may examine witnesses on oath, to be administered by either such commissioners. They may, if deemed necessary, adjourn from time to time, not exceeding the time in which they are required to report, but the granting or refusing of any adjournment shall in all cases, be in their discretion; and they shall keep minutes of the testimony and all proceedings taken by or before them. They shall determine and award to the owner, owners or occupants, if there be any occupants who are not owners, such damages as in their opinion they will severally sustain for the lands to be taken

Award of damages.