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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
All officers under this Charter shall perform such duties as are required by the provisions of this Charter, and the proper and lawful resolutions of the Trustees. The Trustees shall have power from time to time to prescribe the duties of all officers and persons under this Charter subject to the provisions of the same.
[Amended 12-20-1978 by L.L. No. 3-1978; 10-21-1986 by L.L. No. 5-1986; 8-3-1999 by L.L. No. 1-1999; 11-21-2000 by L.L. No. 5-2000; 12-20-2011 by L.L. No. 6-2011; 12-7-2016 by L.L. No. 9-2016]
The annual compensation paid to the Mayor shall be 50% greater than the annual compensation paid to the other Trustees. Commencing January 1, 2017, the annual compensation of the Trustees shall be $10,000 and the annual compensation of the Mayor shall be $15,000. The compensation of the Trustees and Mayor may be increased on an annual basis in accordance with a defined percentage to be established during the annual budget process and set forth in the annual adopted budget. The Village Manager, Clerk, Treasurer, Corporation Counsel and Chief of Police and all other officers shall receive such compensation for their services as the Board of Trustees, payable bi-weekly.
[Amended 8-3-1999 by L.L. No. 1-1999; 12-4-2013 by L.L. No. 5-2013]
All legislative powers of the Village conferred upon or possessed by it are hereby vested in the Board of Trustees. The Mayor and Trustees of the Village of Ossining shall constitute the Board of Trustees. The Board of Trustees shall hold a meeting for the transaction of public business on the first and third Wednesdays of every month. The Mayor of the Village shall preside at all meetings of such Board of Trustees, and shall have a vote upon all matters and questions coming before the Board. In the absence of the Mayor, the Acting Mayor shall preside. A majority of the Board shall constitute a quorum for the transaction of business, but a lesser number may adjourn and compel the attendance of absent members. No contract or obligation on the part of the Board of Trustees shall be binding or have any legal effect whatever against said Village of Ossining unless such contract or obligation shall receive the affirmative vote of at least three members of said Board of Trustees in favor of said contract or obligation.
[Amended 8-3-1999 by L.L. No. 1-1999]
The Mayor shall be the official head of the Village and shall preside at all meetings of the Board of Trustees. The Mayor shall have no power of veto, but shall have the same powers as a Trustee to vote upon all matters coming before the Board of Trustees. The Mayor shall have power to call special meetings of the Board of Trustees when he or she shall think proper, and it shall be his or her duty to call such special meeting when requested to do so by any two of the Trustees. The Mayor shall appoint all standing committees and other committees of the Board of Trustees, as shall be required by any law or resolution by said Trustees; he or she shall sign, as Mayor, all local laws, rules, regulations, orders, bonds, appointments, deeds and covenants made by the Trustees on behalf of the Village, and in all cases where, in his or her judgment, such instruments are not inconsistent with the provisions of this Charter. He or she shall give proper notice of every annual or special meeting of the inhabitants of said Village held under the authority and for the objects specified in this Charter; he or she shall preside at all such meetings thus convened; he or she shall collect or cause to be collected all fines, penalties and forfeitures incurred under this Charter or any rule, law, order, regulation or decision made in pursuance thereof by suit or otherwise, and to commence and prosecute all such suits in the name of the Village, as shall be ordered or directed by the Trustees; he or she shall pay all moneys that shall come into his or her hands for the use of said Village to the Treasurer thereof and take his or her receipts therefor; he or she shall direct the payment of all accounts and demands against said Village that have been audited and allowed by said Trustees, and all other legal drafts and demands upon the Treasurer of said Village, and to do all such other acts and things as may appertain or belong to the duties of such presiding officer or which said Trustees may legally require him or her to do.
[Added 8-3-1999 by L.L. No. 1-1999]
A. 
The administrative and executive powers of the Village are vested in an official to be known as the "Village Manager," who shall be appointed by the Board of Trustees and hold office at the pleasure of such Board. The Village Manager shall receive such compensation as shall be fixed by the Board of Trustees.
B. 
The Village Manager shall be the administrative head of the Village government and execute all contracts on behalf of the Village. He or she shall see that, within the Village, the laws of the state and local laws, rules and regulations of the Board of Trustees are faithfully executed; he or she shall attend all meetings of the Board of Trustees and recommend for adoption such measures as he or she shall deem expedient; he or she shall make all reports to the Board of Trustees from time to time upon the affairs of the Village, keep the Board of Trustees fully advised of the financial condition of the Village and its future financial needs; and he or she shall prepare and submit to the Board of Trustees a tentative budget for the next fiscal year.
C. 
The Village Manager may appoint an Assistant Village Manager, who shall perform the duties and assume the responsibilities of the Village Manager during his or her absence or inability to act. The Assistant Village Manager shall have such duties as may be assigned by the Village Manager. The Board of Trustees shall fix the Assistant Village Manager's salary and other terms and conditions of employment not inconsistent with the provisions thereof.
[Added 11-20-2019 by L.L. No. 5-2019[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C as Subsection D.
D. 
Such Village officers and employees as the Board of Trustees shall determine are necessary for the proper administration of the Village, except the Village Clerk, Corporation Counsel and officers and members of the Police Department, shall be appointed and may be removed by the Village Manager.
[Amended 12-20-2011 by L.L. No. 6-2011]
[Amended 10-15-1985 by L.L. No. 6-1985; 8-3-1999 by L.L. No. 1-1999]
A. 
The Treasurer shall be the chief fiscal officer of the Village. He or she shall have and possess all the powers that collectors of towns possess in the collection of taxes and assessments imposed and levied under this Charter, except as hereinafter prescribed. He or she shall have custody of all moneys belonging to the Village and shall deposit, within 10 days after receipt thereof, in the name of the Village, in a bank or trust company designated by the Board of Trustees, all moneys received by him or her. He or she shall collect all taxes and assessments, receive all moneys collected for licenses, permits, fines or penalties paid under this Charter and pay out said moneys under the direction of said Trustees and shall deliver all moneys, books, papers and property of the corporation, in his or her hands, to his or her successor in office on demand; no moneys shall be paid by the Treasurer for any purpose unless he or she receives an order from the Village Clerk directing him or her to pay the claims therein specified, which order shall contain an abstract of all claims audited and ordered paid by resolution of the Board of Trustees; said claims shall be paid by draft signed by the Treasurer and countersigned by the Mayor; he or she shall keep accounts of all receipts and expenditures in conformance with a uniform system of accounts formulated and prescribed by the State Comptroller pursuant to § 36 of the General Municipal Law, and in the auditing of his or her accounts and his or her settlement thereof with the Trustees, he or she shall be allowed for no moneys except such as are paid out as above.
B. 
The Treasurer shall collect all water and sewer rents for the Village of Ossining Water Sewer Fund and take his or her receipts therefor and file the same with the Clerk of said Village within 30 days from the date of collecting the same.
C. 
The Treasurer shall perform such other duties not inconsistent with his or her offices as shall, from time to time, be determined and prescribed by the Board of Trustees by resolution or local law. The Treasurer shall attend at his or her office daily during the usual business hours.
[Amended 10-15-1985 by L.L. No. 6-1985]
A. 
It shall be the duty of the Treasurer, within 60 days after the end of each fiscal year, to make and file with the Board of Trustees, an itemized statement of all moneys received by him or her during the preceding fiscal year and the manner in which he or she has paid out or expended the same, the outstanding indebtedness of the Village as of the end of the fiscal year, which statement shall be verified by him; provided, however, that the Treasurer, if authorized by the Board of Trustees, may file with the Board of Trustees within such time period, a copy of the annual report required to be filed by § 30 of the General Municipal Law in lieu thereof. Such statement or report shall be audited by the Board of Trustees or by a certified public accountant or public accountant engaged for this purpose. Said statement or report and report of such audit, as completed by the Board of Trustees or accountant engaged by them, shall be published once preceding the annual charter election in the official newspaper or printed in pamphlet form as the Board of Trustees may determine.
B. 
The Treasurer shall also during the year make regular monthly reports to the Board of Trustees and the Village Manager and such other reports as may be requested from time to time by the Board of Trustees or the Village Manager.
[Amended 10-15-1985 by L.L. No. 6-1985; 8-3-1999 by L.L. No. 1-1999]
The Treasurer shall retain the residue or balance of all taxes and assessments, except for the above water and sewer rents collected, and shall pay the same only as hereinbefore prescribed.
[Amended 8-3-1999 by L.L. No. 1-1999]
The Clerk shall attend at his or her office daily during the usual business hours and at other times as directed by the Board of Trustees. He or she shall attend and act as Clerk at all meetings and elections of the inhabitants and Trustees, record their proceedings, keep all books and papers and the seal of the corporation and deliver the same to his or her successor on demand, and copies of all papers duly filed in his or her office, and transcripts from the records of the proceedings of the Board of Trustees or Justice Court certified by him or her under the corporate seal shall be evidence in all courts in like manner as if the originals were produced, and for certifying the same he or she shall be entitled to receive a fee as provided in § 87 of the Public Officers Law from the person requiring the same. The books and papers under his or her custody and control shall always be produced for inspection to any person that may be interested therein. He or she shall attend to the publication of bylaws, rules, local laws and notices which the Trustees shall direct; notify all persons of their election or appointment to office under this Charter, and perform such other duties as the Trustees may, from time to time, lawfully direct. He or she shall also furnish the Treasurer of said Village immediately after each meeting, at which any drafts have been ordered upon the Treasurer, a list of names and amounts of such drafts, and to what fund charged and payable from. Under the direction of the Trustees, the Clerk shall also keep a complete set of books which shall show the exact financial condition of the corporation, and said books shall be open to the inspection of all inhabitants and taxpayers at all reasonable times. In case of the absence of the Clerk from any meeting of the inhabitants of said Village, authorized by this Charter or of said Trustees, such persons as shall be chosen or appointed therefor by the Trustees shall, on such occasions, perform the duties appertaining to such Clerk.
[Amended 8-3-1999 by L.L. No. 1-1999]
It shall be the duty of the Corporation Counsel, or his or her designee, to appear for and prosecute and defend all suits, actions or legal proceedings of any kind brought by or against the Village or against any of the legally elected or appointed officers or agents of the Village for acts done while in the discharge of their respective official duties and to prosecute on complaint of any of the Village officers any and all persons or violations of the Charter and the laws of the Village. It shall also be the duty of the Corporation Counsel to advise, in writing, any Village board or officer whenever so required. But said Counsel shall have no power or authority to settle, discontinue or compromise any pending suit, action or legal proceedings of any kind, nor to compromise or absolutely relieve any person from liability to pay any penalty for violation of the Charter or of any of the laws without first being authorized to do so by the Board of Trustees.
A. 
The Trustees shall have power and authority within the Village to make, publish, alter, modify, amend and repeal rules, resolutions, regulations, local laws and bylaws, for the following purposes, namely:
(1) 
To prevent vice and immorality; to preserve peace and good order; to quell and prevent any noise, disturbance, riots and disorderly assemblages or meetings; to restrain and suppress disorderly houses, houses of ill-fame, gaming houses and instruments and devices for the purpose of gaming and sleight of hand and performances which are obnoxious.
(2) 
To regulate auction sales and fix a license fee for the same, except that no license shall be necessary for the sale at auction of any real estate or furniture or household goods.
(3) 
To regulate or prohibit any amusement or practice having a tendency to annoy persons passing on streets or sidewalks or to frighten or interfere with teams of horses in said Village; and to regulate or prevent the firing of guns, pistols, firearms and the use of firing crackers, rockets, squibs and fireworks in said Village.
(4) 
To regulate or determine the time and place of bathing in any of the waters within the corporate bounds of the Village, or adjacent thereto, and to prevent the same.
(5) 
To restrain running at large of cattle, horses, swine, sheep, goats and geese and to authorize the distraining, impounding and sale of the same for the penalty incurred and costs of proceedings and to appoint one or more persons to drive any of the aforesaid animals so running at large to the pound, and to determine their fees and duties; and to regulate and prevent the running at large of dogs owned by persons residing in said Village.
(6) 
To prevent horse racing and the immoderate riding or driving of horses or motor-driven vehicles within the limits of said Village, and to authorize the stopping of any person who shall be guilty of any such immoderate riding or driving in said Village.
(7) 
To prevent and require the removal of all encumbrances, obstructions and encroachments, from any cause whatever, upon the public streets, alleys, bridges, public squares or grounds, sidewalks or crosswalks or gutters of said Village and to cause the streets to be cleaned.
(8) 
To compel and require all persons to remove snow, ice and dirt and to cut down and remove all growing grass and weeds upon the sidewalks and gutters adjoining and opposite the lands owned by them.
(9) 
To compel and require an owner or occupant to cleanse, remove, abate or discontinue any unwholesome house or place whenever such action may be necessary for the health, comfort or convenience of the inhabitants of said Village.
(10) 
To regulate slaughterhouses, to direct or prevent the use or location of the same and to abate nuisances generally.
(11) 
To regulate the landing, manufacture, keeping, storage and conveying of gunpowder and other combustibles and dangerous materials within the Village or in and upon the streets thereof. The Board of Trustees may, by local law, require that a license shall be obtained from such Board of Trustees, for the landing, manufacture, keeping, storage and conveying, thereof, and prescribe the terms and conditions upon which such license shall be granted.
(12) 
To regulate or prohibit the ringing of bells or other noises.
(13) 
To sanction or prohibit, in their discretion, all exhibitions of any natural or artificial curiosities, caravans of animals, circuses, theatrical and other shows, exhibitions, performances, skating rinks or other public places of amusement and places where an admission fee is charged in money or value, either directly or indirectly; or license the same on such terms as said Trustees may deem proper; but nothing in this section shall be construed to prevent the delivery of literary, historical or scientific lectures in said Village, the use and exhibition of apparatus illustrating the same, and the receiving of money for the same, nor shall any license be required for the delivery of such lectures.
(14) 
To regulate the sale of goods, wares and merchandise by nonresidents and others, in hawking or peddling by vehicles or otherwise, of goods, wares and merchandise in or upon the public streets or highways of said Village, and to prescribe and establish a fee to be paid therefor, but this shall not apply to persons selling or disposing the produce of their own farms, or to the selling or peddling of milk.
(15) 
To cause to be removed all overhanging signs, awnings and awning posts or other obstructions, and to prevent the deposit of any garbage, ashes, decayed vegetables, fish, oyster or clam shells or any other matter upon the sidewalks, gutters, streets, alleyways or other public places within said Village.
(16) 
To establish fire limits in said Village, and to prohibit or regulate the erection of any wooden buildings or structure within said Village.
(17) 
To grade, pitch, level and repair, construct, make, amend or relay, or cause the same to be done, any street, gutter, lane, alley, road or highway, sidewalks, bridges, drains, sewers or aqueducts, either with plank, stone, brick, dirt, gravel or otherwise, as said Trustees may determine, and to provide for the planting or setting and protecting of ornamental or shade trees in any public squares, grounds or streets in said Village, and to regulate the tapping of sewers, reservoirs and gas mains and the tearing up of pavements, gutters, walks and roadbeds in the streets of said Village.
(18) 
To regulate or prohibit the riding of bicycles, driving or leading horses, teams, cattle or vehicles on any of the sidewalks of the Village of Ossining.
(19) 
To regulate or prohibit all manner of exhibitions or processions on foot or by vehicles on any of the streets, sidewalks or public places within the Village of Ossining.
(20) 
To regulate billposting and the distribution of handbills within said Village.
(21) 
To prohibit, restrain, regulate and license the storage, sale or discharge of firearms, fireworks and other explosives and the explosion of gunpowder and gun cotton.
(22) 
To coordinate and classify the local laws of a general and permanent nature of the Village by compiling, revising and codifying such local laws, and in the process of so codifying making such changes, alterations, modifications, additions, deletions and substitutions therein as it deems best to the end that a complete Charter and Code shall be adopted, containing all of the local laws of a general and permanent nature of the Village with errors, inconsistencies, repetitions, ambiguities and conflicts eliminated so far as possible.
B. 
The Trustees of said Village may make, publish, ordain, amend, revise and repeal all such local laws, bylaws, rules or regulations, as may be necessary to carry into effect the powers given to said Trustees under this Charter and to provide for the imposition of fines or penalties on persons or corporations violating the same, not exceeding for any one offense the sum of $250, or imprisonment in the county jail, not exceeding 15 days. Every such law shall be signed by the Mayor and Clerk and published in accordance with law. Proof of such publication filed with the Clerk shall be evidence of the legal publication of such laws in all courts and places.
[Amended 8-3-1999 by L.L. No. 1-1999]
[Amended 8-3-1999 by L.L. No. 1-1999]
A. 
Buildings to be kept in repair and insured. The Village Board of Trustees shall keep all buildings and other property of the Village in repair and may cause the same to be insured against loss or damage by fire.
B. 
Village lands. The Village Board of Trustees may purchase, hold and convey real property in the name of the Village. Every conveyance by the Village shall be executed in its corporate name, by the Mayor in pursuance of a resolution of the Board of Trustees.
C. 
Village buildings. The Village Board of Trustees may erect and maintain upon the Village lands or may rent and furnish necessary buildings for holding elections, for the use of Village officers or for other necessary Village purposes, and may furnish necessary books, stationery and other supplies for Village officers.
D. 
Lockup. The Village Board of Trustees may erect and maintain a lockup or designate a place for the detention of persons arrested under this chapter or under any local law of the Village.
E. 
Market. The Village Board of Trustees may prohibit the establishment of a public market in the Village, except at such places as it may designate.
F. 
Official papers. The Village Board of Trustees shall designate at least one newspaper in the Village having at least weekly circulation as the official Village newspaper for the publication of any notices, resolutions or local laws required to be published.
G. 
Village map. The Village Board of Trustees shall cause a map of the Village to be made and kept on file with the Clerk, showing the boundaries of the Village and the names and boundaries of all streets and public grounds therein; also the location of all sewers, hydrants, water pipes and all underground pipes and works belonging to the Village, and shall, when necessary, cause such map to be revised, corrected and renewed.
H. 
Elections. The Village Board of Trustees shall call all annual or special elections and state the objects thereof.
I. 
Public pound. The Village Board of Trustees may establish and maintain a public pound and employ a keeper thereof, and fix his or her compensation, and the fees to be charged by him or her.
K. 
Village clock and scales. The Village Board of Trustees may establish and maintain a Village clock and scales for the public convenience, and fix the dues for the use of such scales.
L. 
Drains. The Village Board of Trustees may construct drains and culverts, and regulate watercourses, ponds and watering places within the Village.
M. 
Water supply. The Village Board of Trustees may establish, regulate and repair public reservoirs, aqueducts, pumps, wells, fountains and watering and drinking places.
N. 
Lighting streets. The Village Board of Trustees may provide for the lighting of the streets and the safety of the lamps.
O. 
Stand for vehicles. The Village Board of Trustees may designate stands for hacks, carriages and other vehicles.
P. 
Banks for deposit. The Village Board of Trustees shall designate banks for the deposit of all moneys received by the Treasurer, and may require of any such bank security for the repayment thereof; and may require a report by the cashier thereof to each regular meeting of the Board, of the amount on deposit to the credit of the Treasurer.
Q. 
Auditing bills. The Village Board of Trustees shall audit all bills and accounts and all claims for damages against the Village, but no bill or account against the Village for property purchased, materials furnished, services rendered or disbursements shall be audited or paid, nor shall an action be brought thereon, unless such bill or account shall be made out in items and properly dated. The Board shall cause to be entered upon its minutes the amount claimed, the amount allowed and the fund from which each amount allowed shall be paid. No action shall be brought upon any such bill or account within 30 days from the time the same was presented to the Board of Trustees.
[Amended 10-5-1982 by L.L. No. 9-1982]
R. 
Parades of Fire Department. The Village Board of Trustees may provide for the public inspection and parade of the Fire Department at and annual expense, including the hiring of a band, in a sum to be determined by the Village Board of Trustees.
[Amended 7-6-1976 by L.L. No. 7-1976]
S. 
Dumping grounds. The Village Board of Trustees may, whenever, in its judgment, the interest of the Village may require it, purchase or acquire by condemnation proceedings, lands for the establishment of a dump or dumping ground in the Village and may prohibit the use of any other lands within the Village for such purposes, and employ a keeper of said dump and fix his or her compensation.
T. 
Garbage. The Village Board of Trustees may provide for the removal and disposal of ashes, garbage, dead animals and general refuse matter.
U. 
Acquisition of lands for parks, squares, athletic fields and playgrounds:
(1) 
The Board of Trustees may, on behalf of the Village, accept, by grant or devise, a gift of land for a public park, square, athletic field or playground, within the Village or wholly within three miles of the boundaries thereof or may upon the adoption of a resolution by unanimous vote purchase such land accordingly, or, if unable to agree with the owners for the purchase thereof, may acquire title thereto by condemnation; but if the Commissioner appointed in the condemnation proceedings shall fix the value of the land at a larger amount than authorized to be paid therefor, by such resolution, the condemnation proceedings shall be abandoned and the costs of the defendants shall be paid by the Village, unless payment of such larger amount shall subsequently be authorized by the unanimous vote of the Board of Trustees. The Board of Trustees may lease, in the name of the Village, lands within the Village for a public park, athletic field or playground and may equip the same with suitable buildings, structures and apparatus and may thereafter maintain and improve the same at the expense of the Village, but such lease shall not be made for a longer period than five years nor at an expense for each fiscal year exceeding one mill on every dollar of taxable property of the Village as appears on the last resolution adopted by unanimous vote. The amount of such rent shall be paid in annual installments commencing with the date of the lease. Upon the acquisition of land for the purposes of this section, either by gift, purchase or lease, the Board may establish and maintain the same for its intended purposes.
(2) 
The authority to establish and maintain parks and playgrounds shall be vested in the Mayor and Trustees of said Village. Said Trustees may equip such playgrounds and parks, and the buildings thereon, and may construct, maintain and operate in connection therewith public baths and swimming pools. Said Board of Trustees may, for the purpose of carrying out the object of such parks and playgrounds, employ play leaders, playground directors, supervisors, recreation secretary, superintendent or such other officers or employees as they deem proper.
(3) 
The Board of Education or school board of a school district in the Village of Ossining, or partly within the Village of Ossining, shall have power to join with said Village of Ossining in equipping, operating and maintaining playgrounds and recreation centers and may permit the use of its school buildings and grounds for that purpose at any time that the school in such building is not in session.
(4) 
The Board of Trustees may adopt reasonable local laws, rules and regulations for:
(a) 
The care, management and protection of the park or playgrounds.
(b) 
The conduct of persons within the park or playgrounds and the exclusion of improper persons therefrom, to be posted at entrances to the same.
(c) 
Regulating the introduction and growth of plants, trees and shrubs within such grounds.
(5) 
The Board of Trustees shall order the posting of any such rules and regulations adopted by the Board of Trustees in a conspicuous location at each park or playground.
(6) 
The Board of Trustees has the supervision and control of all Village parks or playgrounds and care and maintenance of the same. They shall keep any Village park or playground in repair and, for that purpose, shall have the use of such funds as may be appropriated by the Village Board therefor.
V. 
Debt service fund for bonded debt. Subject to existing law, and the provisions of this chapter, the Board of Trustees may provide, establish and maintain a debt service fund for the liquidation of any bonded debt.
W. 
Property taxes; improvement assessments. Subject to existing law and this Charter, the Board of Trustees may assess, levy and collect taxes on real and personal property within the Village for the various purposes authorized or contemplated by this Charter and otherwise by law; may assess, levy and collect as a tax the charges or cost of all local improvements; if not otherwise provided in this Charter, may provide for the payment of the cost of any local improvement to or for the benefit of any property by assessment against such property and for the payment of such assessment; may declare and provide that the cost for all local improvements or for any other work or benefit to or for abutting property, as determined by it, shall be a lien upon the property, which, if not paid, may be added to the Village tax roll and collected as delinquent taxes as provided in this Charter; and may refund moneys paid for taxes unlawfully levied.
[Amended 8-3-1999 by L.L. No. 1-1999]
Neither the Mayor nor any member of the Board of Trustees shall be interested either directly or indirectly, in any contract to which the Village is a party; and any Mayor or Trustee who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished as prescribed by the Penal Law in the State of New York.
Any Mayor or Trustees of said Village who shall contract any debt or liability against the Village except in the manner specified in this Charter shall be individually liable to pay to any person or persons with whom such contract may be made or to any person to whom said debt or demand may have been assigned, but no such Mayor or Trustee shall have any action at law or in equity or redress against said Village for any debt or liability paid by them, or either of them on account of such claim or demand.