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control of all public parks, parkways, buildings, booths and such other public enclosures, buildings or erections as may be kept and maintained or which may be under the possession and control of said board of trustees, except as by this act otherwise provided, by lease, purchase, grant or devise for the public use or for the needs and requirements of said board of trustees in carrying out any provisions of this act. All of the acts of said commissioner of parks shall be subject to the control, supervision and direction of the board of trustees.

§ 15. Fire department.-All fire apparatus and property, together with the buildings in which the same are kept or stored shall be under the charge of a chief of a fire department, who shall be a member of said board of trustees and who shall be designated by such board, and who may be authorized by said board to enroll as many persons of suitable age and discretion as he may deem necessary, not exceeding thirty, who shall constitute and be a fire department of the territory of Sylvan Beach and said chief of the fire department and the persons so enrolled shall be subject at all times to the supervision and control of the board of trustees.

Section six of said act is hereby renumbered section sixteen and amended to read as follows:

16. Chief of police.-The board of trustees shall, from time to time, appoint so many citizens of the state of New York, of full age, as they shall deem necessary to act as policemen for such territory of Sylvan Beach, one of which number shall be designated chief of police, who shall be the chief executive officer of the police force and who shall keep a record of all arrests and the disposition of the same, made by him and the policemen, and report on the first Monday of each of the months of June, July, August and September, or whenever required by the direction of the president and board of trustees. The policemen appointed as herein provided shall hold their office during the pleasure of the said board of trustees, and may be removed at any time without notice, and shall, before entering upon their duties, take the oath of office and file the same with the town clerk of the town of Vienna. The said policemen so appointed shall have the full power and duties of constables in towns in regard to criminal processes and proceedings, and in addition thereto all powers and duties conferred upon peace officers by the laws of this state, in

reference to preserving the peace and making arrests with or without process therefor, and they shall perform such other duties as shall be lawfully prescribed by the rules and regulations as authorized or directed by the said board of trustees of Sylvan Beach. The policemen so appointed shall receive such reasonable or proper compensation as shall be audited and allowed by the said board of trustees of Sylvan Beach.

Section three of said act is hereby renumbered section seventeen and amended to read as follows:

§ 17. The trustees of such area or territory now in office, and annually thereafter the president and trustees then in office by a notice posted in three public places within such area or territory, at least ten days before said day of election in each succeeding year, shall designate the place within such area or territory for holding such meeting in such year. Such meeting shall keep a record of its proceedings and of the votes, cast, and the person having the highest number of votes for president shall be the president for the succeeding year, and the two persons having the highest number of votes for trustee shall be trustees for the succeeding two years. The president and trustees shall constitute the inspectors of election and canvassers of votes of such meeting, and are hereby authorized to open, keep and protect the polls, and shall have and exercise the same power as justices of the peace when presiding at town meetings in the said county of Oneida and state of New York. The said president and trustees shall keep a full record of the proceedings of such meeting, and file the same with the county clerk of the county of Oneida. They shall also deliver to the person having the highest number of votes for president and to the two persons receiving the highest number of votes for trustees as herein provided, a certificate of that fact, signed by themselves. The polls of election for said officers shall be kept open at such meeting from one o'clock in the afternoon until four o'clock in the afternoon. All the laws applicable to the election of town officers shall apply to such elections, and to all the proceedings thereat so far as the same shall be applicable to, and consistent with the provisions of this act.

Section fourteen of said act is hereby renumbered eighteen and amended to read as follows:

§ 18. Money to be raised by tax. The persons entitled to vote. at such meetings shall have power to direct such sum to be

raised by tax as may be necessary to defray expenses authorized to be made by this act for all purposes, including highways and fire protection not exceeding four per centum of the valuation of the real property within said territory as the same shall appear upon the completed assessment roll of the said territory of Sylvan Beach for the current year for all purposes, including highways, fire protection and general purposes, and the sum so voted shall be ratably levied on the real property within said territory, as the same shall appear upon the completed assessment roll of said territory for the then current year; and at such annual meeting, no person shall vote upon any appropriation to raise money by taxation unless he or his wife shall be a bona fide taxpayer on real estate in said town within such territory. The tax so levied shall be collected by such trustees or any one of them designated for the purpose by said board, and who shall be known as the collector and who shall proceed to the collection of such taxes in the manner provided by law for the collection of taxes in villages, except that no publication of any notice shall be required. The trustees shall receive and disburse the moneys collected and account for the same at the next annual meeting, and pay over any balance to their successors in office.

Section seventeen of said act is hereby renumbered section nineteen and amended to read as follows:

§ 19. Lien of taxes and tax sales.-All taxes or assessments levied or assessed by virtue of this act, or any amendments thereto, shall be a lien upon the real estate upon which they are charged, and in addition to the powers conferred by this act the said trustees, on the return of the collector of any warrants issued by them, and the non-payment of any such tax or assessment, may order said collector to advertise and sell their real estate upon which said unpaid taxes or assessments are charged, or any part thereof, at public auction for a term of time for the payment of such tax or assessment. On receiving such order in writing, the collector shall advertise and sell such real estate as it may designate, and a copy of a notice of such sale, stating the time and place of such sale, must be published at least once in each of the four weeks immediately preceding such sale, in a newspaper published in the county of Oneida, to be designated by the board of trustees for that purpose and a written or printed notice of such sale, its time and place, must be con

spicuously fastened up at least thirty days before such sale, in three public places, within the territory of Sylvan Beach. Such articles of sale, so published and posted, as herein provided, shall contain the names of the person or persons, corporation or association, against whom such taxes are assessed, the amount of tax so remaining unpaid, the time when levied, the general object for which such tax was assessed and levied, and a description of the property to be sold. At the time and place mentioned in such notice of sale, the property so advertised shall be sold under the direction. of the trustees by the collector, who shall act as auctioneer, or in case of his absence or refusal to act, by such person as may be appointed by such trustees, and said property shall be sold for the shortest period of time for which any person will purchase the same and pay such tax or assessment, with interest and the costs of such advertisement and sale, which costs shall, in no case, exceed twenty dollars.

§ 20. Section eighteen of said act is hereby renumbered sec tion twenty and amended to read as follows:

§ 20. Redemption of land sold.-If the owner or owners of such real estate or his or their heirs or assigns shall not, within one year after such sale, pay or cause to be paid to such purchaser, such tax or assessment and the cost of such advertisement and sale, and the interest thereof at twelve per centum per annum, the trustees shall deliver to the purchaser thereof a certificate of such sale, signed by the trustees, and they shall enter a duplicate thereof on the journal of said board of trustees. The purchaser at such sale receiving such certificate, or his executors, administrators or assigns, may, in case the lands are not redeemed as herein provided, immediately enter into possession of such real estate, and for the purpose of obtaining such possession, such purchaser or his legal representatives or assigns shall have all the remedies of a purchaser of real estate sold under execution, and such purchaser may hold, occupy and enjoy the same. during the term for which it was sold, against the owner or owners thereof and all persons claiming under him or them, and shall be at liberty within the time aforesaid, to remove all the buildings or materials which he may erect or place thereon, and such certificate shall, in all courts and places, be held presump

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tive evidence of the right of such purchaser, his heirs and assigns, to the possession of such premises during such term.

§ 21. Section twenty of said act is hereby renumbered section twenty-one and amended to read as follows:

§ 21. Highway taxes, building and repairs of walks.—All taxes for highway purposes shall be levied and collected in money and in the same manner as other taxes, and the same shall constitute the highway fund, and said trustees shall have the general superintendence of said public highways, groves and parks and of the expenditure thereon of the moneys raised for that purpose. The said trustees shall have power to cause any sidewalks in said territory which have not already been planked, built or repaired, to be planked, built or repaired in such manner and with such material as they shall deem proper, and to cause any sidewalks which have been planked or in any other way made, to be relaid, amended, cleaned or repaired, whenever they may deem it necessary, and the said board shall assess the expense of every such work against the owner of the lot along or adjoining which any such expense as herein provided shall be incurred or shall be done, and which shall be a lien upon such lot and a charge against the respective owners thereof, and for for all such liens and charges, the trustees shall issue their warrants, and cause the same to be collected in the same manner as other taxes and assessments are collected, and any person in the possession of any real estate under a contract for the purchase thereof, may, in the direction of the trustees, be deemed the owner thereof for all the purposes of this act; provided, however, that before doing such work, it shall be the duty of the trustees to cause a notice to be served upon such owners or occupants personally or at their said residences specifying the improvements to be made, of what material and the manner in which they require the same to be done and the time, not exceeding thirty days, in which said owner or occupants may do such work along the respective lots. § 22. Section nineteen of said act is hereby renumbered section twenty-two and amended to read as follows:

§ 22. Limitations to actions against the territory.-No action or proceeding to recover or enforce any claim, debt or demand against the said territory shall be brought until the expiration of thirty days after the claim, debt or demand shall have been presented to the board of trustees for audit. All actions brought

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