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such taxes so added to such assessment-roll, and they shall be considered the taxes of the year in which the description shall be perfected. If any such supervisor shall not fully comply with the provisions of this section the comptroller shall not thereafter admit, but shall reject, all such reassessed, canceled or rejected taxes as may be returned to him. If such taxes are not levied upon such lands as herein required, the board of supervisors shall cause the same, with interest thereon, to be levied upon the tax district in which originally assessed, and collected with the other taxes of the same year. If the tax district shall have been divided since such assessment, such taxes and interest shall be apportioned by the board of supervisors among the tax districts included in the limits of such original tax districts in such equitable manner as it may deem proper.

§ 106-a. Reimbursement of towns or other tax districts by school districts located in Ulster county. If, pursuant to section one hundred and six of this chapter, the amount of any unpaid school taxes and interest, levied pursuant to sections four hundred thirty-three, four hundred thirty-four, four hundred thirty-five and four hundred thirty-six of article fifteen of chapter sixteen of the consolidated laws, being the education law, shall be levied upon any town or other tax district, within the bounds of which the school district, which received the benefit of such taxes, shall be situate, such town or other tax district upon which the same shall have been levied shall have a claim against the school district which returned such taxes and had the benefit thereof, for the amount levied upon the town or other tax district. Notice of the amount of such claim as soon as the same shall have been ascertained shall be given by the supervisor of the town, or the fiscal officer of a tax district other than a town, to the trustee, or trustees, of the school district against which the claim exists, who shall cause the same to be levied and collected with the next taxes levied in such school district, and the amount thereof, when collected, shall be paid by such school district to the supervisor of the town, or the other fiscal officer of a tax district other than a town. In the event of a failure of the school district to collect the amount of such a claim with the next levy of taxes made in

the school district and pay the same over, as in this section provided, the supervisor, of the town, or the fiscal officer of a tax district other than a town, to which the claim shall be due, shall institute proceedings by mandamus to compel the levy, collection, and payment thereof forthwith. (Added by L. 1919, chap. 445, in effect May 5, 1919.)

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§ 107. Nonresident taxes, when and how paid to comptroller. The comptroller shall, at any time after August first next after receiving statement thereof from the county treasurer, furnish any person desiring to pay the taxes on any parcel of land, a certificate of the amount of such taxes, interest and charges, and the state treasurer may receive payment therefor upon such certificate, which shall be countersigned by the comptroller and entered in the books of his office. Such interest shall begin August first of such year, and be at the rate of ten per centum per annum. Any person claiming a divided or undivided part in any parcel may pay to the state treasurer any part of the amount due thereon, proportionate to the share or interest claimed by him, on the certificate of the comptroller. The remaining tax and charges shall be a lien on the residue of the land or interest only. If the land has been subdivided since the assessment, the comptroller may require a map of the subdivisions. Any person may pay the tax for any one year on any tract or lot of land without paying the tax of any other year.

§ 108. Deduction of overcharges. If any tract or lot of land shall have been returned as containing a greater quantity of land than it actually contained, the amount overcharged shall be deducted. If the tax shall have been paid according to such return, the overcharge shall be refunded out of the treasury upon the production to the comptroller of satisfactory proof of the quantity actually contained in each tract or lot at the time of the assessment. No such overcharge shall be canceled nor such overpayments refunded, unless application shall be made to the comptroller before the sale of such lands, and within six years after the assessment. If the whole amount of the tax shall have been paid to the county treasurer out of the state treasury, the comptroller shall charge the amount so refunded with interest and charges thereon to the treasurer of the county to which the tax was returned, and shall transmit an account thereof to him. The county treasurer shall deliver such account to the board of

supervisors at their next annual meeting, which shall cause the amount thereof to be added to the taxes of the tax district in which the tax was assessed, and when collected it shall be paid into the treasury of the county.

§ 109. Overpaid taxes. If it shall satisfactorily appear to the comptroller that the amount of any tax has been paid, and `afterward other money has been paid into the state treasury on account of such tax, or that the amount of any tax has been overpaid to the treasurer of the state, he may draw his warrant on the treasury for the amount paid in excess of the tax due, in favor of the person paying the same.

ARTICLE 6

Sales by Comptroller for Unpaid Taxes and Redemption of Lands

Section 120. Notice of sale.

121. Maps to be furnished comptroller.

122. Sale, how conducted.

123. Purchases by the comptroller for state or county.

124. Withdrawal from sale of lands upon which the state has a lien. 125. Payment of bids and certificate of purchase.

126. New certificate upon setting aside sale.

127. Redemption of lands.

128. Redemption of lands conjointly assessed.

129. Prohibition of the despoliation of lands sold.

130. Notice of unredeemed lands.

131. Comptroller's deed and application therefor.
132. Effect of former deeds.

133. Possession of lands by the state.

134. Notice to occupants.

135. Certificate of nonredemption and completion of title.

136. Redemption by occupant and certificate of redemption.

137. Redemption by occupant before notice and effect of failure to

redeem.

138. Lien of mortgage not affected by tax sale.

139. Redemption by mortgagee before notice.

140a. Abandonment of claim of title under tax deeds on cancellation

of sale.

141. Setting aside cancellation of sale.

142. Expenses of sale.

143. Payment of moneys into state treasury.

§ 120. Notice of sale. The comptroller may sell any lands heretofore or hereafter returned to him for nonpayment of any tax thereon, if such tax and the interest thereon, or any part thereof shall remain unpaid for one year after February first, following the year in which the tax was levied. He shall make out a list of all such lands in any county and transmit to the county treasurer thereof, at least eighteen weeks before the commencement of the sale, a number of copies of such list sufficient to furnish five copies to the county treasurer, two copies to the county clerk and two copies to the clerk of each town and city in which such lands are situated. The county treasurer shall transmit the same to such officers. The comptroller shall publish

such list with a notice that on a day to be specified therein and the succeeding days so much of such lands as may be necessary to discharge the taxes, interest and charges due thereon at the time of sale, will be sold at public auction at the capitol in the city of Albany. Such list shall be inserted in two newspapers published in such county, once in each week for twelve successive weeks prior to the commencement of the sale, and in the body of the newspapers and not in a supplement. If there are not two newspapers published in the county, the publication shall be in two newspapers which the comptroller shall determine to be most generally circulated in the county. Due proof of the publication of such list and notice in each newspaper shall be made and filed in the office of the comptroller within twenty days after the last publication. The expense of printing, publishing and transmitting such list shall be audited by the comptroller and paid out of the state treasury. No error in the description of the lands in any list published in any newspaper shall render any sale void or in any manner affect its validity.

§ 121. Maps to be furnished comptroller. The comptroller may apply to the supervisor of any town for maps of any tract of land returned from such town for nonpayment of taxes, if he deem it necessary in order to test the correctness of the de scription thereof, preparatory to a sale of such lands, and the supervisor shall furnish such maps at the expense of the town, if they can be procured; if not, he shall furnish such descriptions of the lands as he can obtain, with a statement of the quantity in each subdivision, if the same is divided. The treasurer of every county shall, on receiving a list of lands to be sold at a state sale transmit to the comptroller, at least one month before any state tax sale, a certified list of all lands bid in at any tax sale, in the name of such county, or transferred to such county upon any such sale, or to which the county may have acquired a tax title, the deed for which has not been recorded in the office of the clerk of the county, which may then be liable to be sold at such sale. Every county clerk shall, on receipt of a list of the lands therein liable to be sold at any state tax sale, and at least one month before the sale, transmit to the comptroller a certified list of all

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