action or proceeding conducted or defended by the attorney shall belong to the village and shall be collected, applied and disposed of in the manner as are other costs recovered by the village. Upon the foreclosure of any transfer of a tax lien held by the village the treasurer shall have the right to bid in and take title on behalf of the village, of the property so sold, provided always that the amount of the bid does not exceed the amount it would be necessary for the property to bring in order to protect the interest of the village, after paying all previous charges in accordance with the terms of the judgment. The treasurer shall sell any such property so bought upon such terms and for such sum as the village board may by resolution fix and determine, and give a deed therefor.

§ 73-m. Defective or invalid transfer of tax lien; proceeding anew. If a transfer of tax lien be vacated or be set aside or cancelled or if it be adjudged that a transfer of tax lien is invalid or defective, or insufficient to transfer a tax lien to the purchaser thereof, or if in any action to foreclose a tax lien it be adjudged that a tax lien is not a valid lien, on the premises which it purports to affect because of some irregularity in the proceedings had, and if, in pursuance of any such adjudication, the purchaser of said transfer of tax lien shall have surrendered such transfer of tax lien to the treasurer and shall have been repaid by the village, the amount paid for such transfer of tax lien, with interest and costs and disbursements of the said action or proceedings in which such adjudication was made, then and in that event the tax lien which was purported to be transferred and assigned in such transfer of tax lien shall remain as a valid lien upon the premises which it affects, except to such extent as it may have been adjudged irregular or invalid, and the treasurer shall proceed to sell anew, as provided in section sixty-seven of this act, so much of the said tax lien as is not invalid as if no prior sale purporting to transfer the said tax lien had taken place.

73-n. Lost transfer of tax lien; delivery of duplicate in case of. Whenever any transfer of tax lien given by the treasurer as in this title provided shall be lost, the treasurer may receive evidence of such loss, and on satisfactory proof of the fact may execute and deliver a duplicate to such person or persons who shall appear entitled thereto, and may also, in his discretion, require a bond of indemnity to the village.

§73-0. Limitation of right to attack sales under tax foreclosure. An action cannot be maintained to recover real estate hereafter sold under a judgment or in an action brought to foreclose a lien of a tax, or to foreclose the equity of redemption remaining for the sale thereof for a tax, or to recover any right, title, interest or equity of redemption in or to real estate so sold unless the action therefor is commenced within one year after the entry of judgment of foreclosure and sale in case of sales hereafter had, and within one year from the time this act takes effect in case of sale or leases heretofore had. The limitations herein provided apply to and bar nonresident persons, persons temporarily absent from the

state, minors, insane persons, persons in prison and all other persons and corporations whether under disability or not.

§ 73-p. Saving clause. Sections sixty-seven to seventy-three-o of this charter, as added by this act, shall not affect or impair any act done or right accruing, accrued or acquired, nor any penalty or forfeiture incurred prior to the time when this amendment takes effect by virtue of any sale of an interest in property heretofore made in pursuance of any section of chapter six hundred and sixty-seven of the laws of nineteen hundred and ten, amended by this act, but such right, penalty or forfeiture may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this amendment had not been passed; no tax leases heretofore issued nor any tax sale heretofore had shall be affected by this amendment, but the rights of all persons with respect thereto shall be the same as if the amendment had not been passed, except as in this act otherwise provided, and all actions, suits, proceedings or prosecutions pending when this amendment takes effect may be prosecuted and defended to final determination in the same manner as they might prior to the time when this amendment takes effect.

105

§ 2. Sections one hundred and three and one hundred and five $$103, of such charter, as amended by chapter five hundred and seventy- amended. nine of the laws of nineteen hundred and twenty-two, are hereby amended to read as follows:

§ 103. Board may pave streets. The board of trustees is hereby authorized and empowered to macadamize, pave or repave any street, avenue, or highway in said village, and may, by resolution, determine to pave or repave any such street, avenue or highway. The board of trustees is further authorized and empowered to cause to be macadamized or paved any street, avenue or highway in said village in conjunction with the county of Westchester or the state of New York in pursuance of the provisions of the highway law. Said board of trustees is hereby authorized and empowered to make such changes in the grade of such streets, avenues or highways, and construct any drain or culvert that may be necessary for the proper macadamizing or paving of such streets, avenues or highways, and the cost of any such change of grade and the construction of any such drain or culvert and any damages occasioned thereby upon the lines of such streets, avenues or highways, or any property abutting thereon, shall be considered as part of the cost of such macadamizing or paving.

§ 105. Expense of paving; how apportioned. Whenever said board of trustees shall macadamize or pave any street, avenue or highway in said village, or cause any street, avenue or highway in said village, to be paved in conjunction with the county of Westchester of the state of New York under the authority granted in sections one hundred and three and one hundred and four of this act, two-thirds of the cost and expense thereof shall be paid by bonds of said village to be issued as provided in section one hundred and eight of this act, and the remaining one-third of the cost shall be paid for by the owners of property benefited in pro

§§ 106,

107 amended.

portion to such benefit; except that if such macadamizing or paving shall have been done in pursuance of section one hundred and four, the one-third of the cost thereof not borne by the village, shall be paid for by the owners of property abutting upon such street, avenue or highway in proportion to the benefit. Provided, however, that the board of trustees may determine, by resolution, that the cost of repaving the streets, avenue or highways shall be wholly paid for by bonds of the said village issued as provided in section one hundred and eight of this act.

§ 3. Sections one hundred and six and one hundred and seven of such charter are hereby amended to read as follows:

§ 106. Contracts for paving; how placed. Prior to contracting for any work, a plan and accurate specifications of the work proposed to be constructed must be prepared and placed in the office of the village clerk for public inspection. The board of trustees shall then fix a district of assessment of the property in the judgment of said board benefited by said macadamizing or paving, and beyond which district the assessment for one-third of such cost of macadamizing or paving shall not extend, and shall then cause to be published in the official newspapers, a notice that on a day therein to be named, at least two weeks from the first publication thereof, it will act in relation to the work proposed to be constructed, and in the meantime sealed proposals for constructing the work will be received by the village clerk. Upon the day mentioned in the notice, or upon such subsequent day as the said board of trustees shall adjourn to for that purpose, the president of the village, or in his absence, the presiding officer shall in the presence of the board of trustees, open such proposals. No proposals shall be considered unless accompanied by a certified check for ten per centum of the amount of the bid, payable to the village of Ossining, with a statement in writing signed by the person, firm, corporation or persons making such bid, to the effect that if the bid be accepted they will furnish and deliver to the village a bond of a surety company in a penalty to be fixed by the board of trustees, conditioned for the construction of the work at the price and upon the terms proposed, within such reasonable time as the board of trustees shall limit, and subject to the supervision and approval of the said board of trustees. The said board may, by a vote of the majority of all its members, to be ascertained by taking and recording the ayes and noes, direct the construction of the proposed work and accept the most favorable bidder. Provided, however, that if any street, avenue or highway in said village shall be macadamized or paved in conjunction with the county of Westchester and the state of New York, the foregoing provisions to this section shall not apply.

§ 107. Apportionment. Upon the awarding of the contract all checks other than the check of the successful bidder shall be immediately returned to the person, or persons, or corporations, delivering the same to the clerk, and the check of the successful bidder, or the amount of the check in cash, shall be held until the

bond herein before provided for shall be furnished. Upon the completion of such macadamizing or paving, the board of trustees shall make a report in writing of the assessment for one-third of the cost of said macadamizing or paving upon the different parcels of land affected thereby, and deposit the same with the village clerk and cause to be published in the official newspapers, once in each week, for two successive weeks, a notice that the report has been completed and so deposited, and that they will meet at a time and place therein to be specified, not less than ten days from the first publication of said notice, to review their report. At such time and place the parties interested can be heard, and thereafter the said trustees shall review the report, correct the same when necessary, and file it with the village clerk with all the objections in writing which have been left with them by the parties interested. And upon the filing of such report the amount of the cost of said improvement as fixed by the said trustees in the said report, shall be a first lien upon the various parcels of land described in said report, and said amount shall be collected and the lien enforced in the same manner as is provided for the collecting of taxes in said village.

amended.

§ 4. Section one hundred and eight of such chapter, as amended § 108 by chapter five hundred and seventy-nine of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:

§ 108. Issue of bonds. The board of trustees may from time to time issue bonds for such sums as may be necessary to pay the village share or portion of the expense of macadamizing or paving or repaving said streets, avenues or highways of the village of Ossining, provided that the aggregate amount of such bonds outstand ing and unpaid at any one time shall not exceed the sum of two hundred and fifty thousand dollars; such bonds shall be of such de nomination as the board of trustees shall determine; bear interest at not exceeding five per centum and mature in sums not exceeding forty thousand dollars in any one year. The board of trustees shall convert such bonds into money at not less than their par value and may obtain temporary loans on the same, or may issue temporary certificates of indebtedness in the payment of the cost of such macadamizing, paving or repaving. The proceeds from such bonds shall be used only for the payment of so much of the cost of such macadamizing, paving or repaving, as shall be chargeable to the village, or for the payment of certificates of indebtedness issued therefor. The hoard of trustees shall have no power or authority to incur any expense or contract any debt for the macadamizing, paving or repaving any of the streets of the village of Ossining except out of the general expense fund, after the expenditure of the sums herein before set forth. But a further issue of bonds, and a further expenditure of money for the macadamizing, paving or repaving of said streets may be authorized by a vote of the qualified tax payers of said village, at any election duly called and held.

132

§ 5. Sections one hundred and twenty-one and one hundred and §§ 121, thirty-two of such charter are hereby amended to read as follows: amended. § 121. Main or trunk sewers. The board of trustees shall have power to construct, or cause to be constructed, main and trunk

sewers or other public improvements in and through the streets, alleys, public grounds and lanes of said village, and through private property acquired therefor by purchase, gift or condemnation, of such materials and of such dimensions as they shall determine to be necessary to carry off the drainage and sewage thereof, and to regulate and maintain the same. Such main or trunk sewers and drains may be constructed in conjunction with any adjoining village or in conjunction with the town of Ossining. The whole or any part of the cost and expense of the construction, regulation and maintenance thereof may be assessed upon the real property that is, or may be benefited thereby, and in proportion to such benefits, and the board of trustees is hereby empowered to ascertain, determine and declare by resolution, ordinance or otherwise, the property benefited or to be benefited by the construction of said main or trunk sewer, and to apportion the amount thereof, in proportion to such benefits, and to assess, after such determination, the real property thus benefited or to be benefited thereby, in proportion thereof; and also to ascertain and determine if the whole cost of the same or what share of the cost, shall be paid by the village. The board of trustees and the governing body of any adjoining village in conjunction with which any such main or trunk sewer shall be constructed or of the town of Ossining shall agree upon the amount or proportion of the cost of the construction of such main and trunk sewers, which shall be borne and paid by the village of Ossining and such adjoining village or the town of Ossining. The board of trustees of the village of Ossining may, by agreement, permit the use of any main and trunk sewers and sewer outlet, or sewage disposal plant for the disposal of sewerage for such adjoining village or the town of Ossining, upon such terms and conditions as shall be agreed upon by the said board of trustees and the governing body of such adjoining village or of the town of Ossining. The board of trustees of the village of Ossining may contract for the use of any main or trunk sewer, or any sewer outlet, or sewage disposal plant constructed by any adjoining village or the town of Ossining, upon such terms and conditions as may be agreed upon by their respective governing bodies.

§ 132. Payment of cost of sewers. The expense of constructing a sewer or sewer system may be raised in an entire amount or in smaller sums, from time to time, as the board of trustees may determine. The board of trustees may from time to time issue bonds for such sum or sums as may be necessary to pay for the construction and maintenance of sewers. Such bonds shall be of such denomination as the board of trustees may determine; bear interest at not exceeding five per centum per annum, and shall mature in sums not exceeding forty thousand dollars in any one year. The board of trustees shall convert such bonds into money at not less than their par value, or may obtain temporary loans on the same, and the proceeds therefrom shall be used only for the payment of the cost and maintenance of sewers. The board of trustees may from time to time issue certificates of indebtedness, the proceeds of which shall be used for the payment of the cost of construction and