Page images
PDF
EPUB

amended.

CHAPTER 101
AN ACT to amend chapter six hundred and ninety-one of the laws of nineteen

hundred and twenty-three, entitled “An act to provide for the straighten.
ing, deepening and making other improvements to restrain and control
the waters of the Canisteo river, Bennett and Purdy creeks and other streams
within the corporate limits of the village of Canisteo, and within the town
of Canisteo, the acquisition by the village of Canisteo of such lands and
property as may be necessary for such purposes, the use and disposition of
said village and town of reclaimed and other lands derived from the making
of such improvements or acquired for such purposes, the apportionment of
the cost for such improvements between the state and the said village, and
making an appropriation therefor,” providing for the control of the waters

of certain streams within the village and town of Canisteo. Became a law March 11, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and ssembly,

do enact as follows: L. 1923, ch. 691,

Section 1. Section four of chapter six hundred and ninety-one of the laws of nineteen hundred and twenty-three, entitled, “An act to provide for the straightening, deepening and making of other improvements to restrain and control the waters of the Canisteo river, Bennett and Purdy creeks and other streams within the corporate limits of the village of Canisteo, and within the town of Canisteo, the acquisition by the village of Canisteo of such lands and property as may be necessary for such purposes, the use and disposition of said village and town of reclaimed and other lands derived from the making of such improvements or acquired for such purposes, the apportionment of the cost of such improvements between the state and the said village, and making

an appropriation therefor," is hereby amended to read as follows: Right to 4. The said commission is hereby authorized and empowered

from time to time to contract for, purchase and take by deed or other instrument, for and in the name of the village of Canisteo, all real property, lands, rights and privileges which may be required for the purpose contemplated by this act, together with title to all lands now occupied by the channel to such streams and the land lying between any new channels, and such other lands as may be necessary for depositing and caring for the dirt and other material removed in dredging or widening such stream or in

making new channels therefor, with such additional lands as may Right of be deemed advisable, and for such purposes to enter by them

selves, their engineers, agents and servants upon any land, water and premises for the purpose of making surveys and examinations, and if for any reason the same cannot be acquired by purchase to acquire the same by condemnation for the public use

aforesaid in the manner provided by the condemnation law. If, When title in order to carry out the provisions of this act, it becomes necessary village on to acquire any property by condemnation, the title to such

property shall vest in the village of Canisteo upon the qualification of the condemnation commissioners by filing their oaths of office

acquire lands.

entry.

condemnation.

1 Following sentence new.

etc.

in the office of the county clerk of the county of Steuben. Payments for the property so acquired to be made by the superin- Payment tendent of public works on the approval of the title and conveyance maps, by the attorney-general. The superintendent of public works is searches, hereby authorized to pay the reasonable and necessary cost and expenses of making maps, plans, abstracts of title and conveyances and for the necessary services rendered in the acquisition of such property. Such payment to be made upon the certificate of the commission subject to the approval of the superintendent of public works.

§ 2. The provisions of section four in relation to the vesting Effect of of title as amended by this act shall apply to any condemnation amendment proceedings pending at the time this act takes effect, and if prior thereto, the commissioners in any such proceeding shall have filed their oaths of office, title to the real property for the acquisition of which such proceeding was instituted shall vest in the village of Canisteo on the taking effect of this act.

§ 3. This act shall take effect immediately.

CHAPTER 102

subd. 1 amended.

AN ACT to amend the education law, in relation to school taxes and the

issuance of school district bonds. Became a law March 11, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section four hundred and sixty- L. 1909, seven of chapter twenty-one of the laws of nineteen hundred and ch. 21

(revision nine, entitled “An act relating to education, constituting chap- of L:.1910 ter sixteen of the consolidated laws, as amended by chapter one § 467, hundred and forty of the laws of nineteen hundred and ten and as last amended by chapter two hundred and twenty-one of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:

§ 467. School taxes and school bonds. 1. A majority of the voters of any school district, present at any annual or special district meeting, duly convened, may authorize such acts and vote such taxes as they shall deem expedient for making additions, alterations, repairs or improvements, to the sites or buildings belonging to the district, or for the purchase of other sites or buildings, or for a change of sites, or for the purchase of land and buildings for agricultural, athletic, playground or social center purposes, or for the erection of new buildings, or for buying apparatus, implements, or fixtures, or for paying the wages of teachers, and the necessary expenses of the school, or for the purpose of paying any judgment, or for such other purpose relating to the support and welfare of the school as they may, by resolution, approve.

[ocr errors]

66

1 Words

or for the purpose of paying any judgment," new.

$ 480, subd. 1 amended.

§ 2. Subdivision one of section four hundred and eighty of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as amended by chapter one hundred and forty of the laws of nineteen hundred and ten and as last amended by chapter four hundred of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 480. Issuance of school district bonds. 1. For the purpose of giving effect to the provisions of section four hundred and sixtyseven of this chapter, trustees or boards of education are hereby authorized, whenever a tax shall have been voted to be collected in instalments, for the purpose of building a new schoolhouse, or building an addition to a schoolhouse, or making additions, alterations or improvements to buildings or structures belonging to the district or city, or for the purchase of a new site or for an addition to a site, or for the purchase of land or buildings for agricultural, athletic, playground, or social center purposes, or for the purchase of furniture, fixtures and equipment for any such buildings and playgrounds, or for the purpose of paying any judgment, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six per centum, and to issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district, and be paid at maturity, and which shall not be sold below par. In districts having an aggregate full valuation of real property of five hundred thousand dollars or over, no bonds shall be hereafter issued which make the total bonded indebtedness, at any time, exceed fifteen per centum of the aggregate full valuation of the real property within the bounds of such school district, unless the resolution authorizing the issue and sale of such bonds, in excess of such amount, shall be adopted by a vote of two-thirds of the qualified electors present and voting on such resolution at the meeting called for such purpose.

The full valuation of taxable property shall be determined by the ratio, as ascertained by the state tax commission, which the assessed valuation of such property bears to the actual or full valuation of such property.

§ 3. This act shall take effect immediately.

CHAPTER 103
AN ACT to amend the highway law, in relation to disposition of motor vehicle

fees.
Became a law March 11, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision two of section two hundred and ninetyone of chapter thirty of the laws of nineteen hundred and nine,

2 Previously amended by L. 1913, ch. 221; L. 1920, ch. 162; L. 1921, ch. 318; L. 1922, ch. 124.

3 Words or for the purpose of paying any judgment," new.

L. 1909.
ch. 30,
$ 291,
subd. 2
amended.

of fees.

entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," as added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten, and last amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

2. The commissioner shall deposit all ?fees collected by Disposition him under this article in a responsible bank, banking house or trust company in the city of Albany, which shall pay the highest rate of interest to the state for such deposit, to the credit of the comptroller on account of the motor vehicle law. Every such bank, banking house or trust company shall execute and file in his office an undertaking to the state, in the sum, and with such sureties, as are required and approved by the comptroller, for the safe keeping and prompt payment on legal demand therefor of all such moneys held by or on deposit in such bank, banking house or trust company, with interest thereon on dail balances at such rate as the comptroller may fix. Every such undertaking shall have endorsed thereon or annexed thereto the approval of the attorney-general as to its form. The comptroller shall on the first day of each month make a verified return to the state treasurer of all ?fees received by him under this article during the preceding calendar month, stating from what county received and by whom and when paid.

§ 2. Subdivision three of section two hundred and ninety-one & 291, of such chapter, as added by chapter three hundred and seventy- amended. four of the laws of nineteen hundred and ten and last amended by chapter five hundred and eighty of the laws of ninetten nundred and twenty-one, is hereby amended to read as follows:

3. The comptroller shall on or before the tenth day of each Payment of month pay to the state treasurer seventy-five per centum of the fees to balance to his credit in such bank, banking house or trust company, on account of 2fees collected under this article, at the close of business on the last day of the preceding month; and from the money so deposited shall pay to the treasurer of each county twenty-five per centum of such' fees collected from residents of such county during

county during the preceding

the preceding calendar month. In the city of New York such payment shall be made through the chamberlain of such city on account of all coun. ties included therein.

§ 3. This act shall take effect immediately.

county treasurers.

1 Previously amended by L. 1916, ch. 577; L. 1921, ch. 580.
2 Word “registration ” omitted.
3 Previously amended by L. 1916, ch. 577; L. 1919, ch. 622.
4 Word “such ” substituted for words the registration.”

66

CHAPTER 104

Ofice created. Appointment, term, etc.

[ocr errors]

Powerg and duties.

AN ACT to create the office of county attorney for the county of Nassau,

and to prescribe the powers and duties of such office. Became a law March 11, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. There is hereby created in and for the county of Nassau the office of county attorney. The county attorney shall be appointed by the board of supervisors. The term of office shall be two years from the date such official so appointed qualifies by submitting his bond and filing with the county clerk his oath of office, and his salary shall be fixed by the board of supervisors. He shall give a bond in such sum as shall be fixed by the board of supervisors, conditioned for the faithful performance of his duties and the accounting and turning over of all moneys of the county that may come into his hands by virtue of his office. In case of a vacancy occurring during a term the same shall be filled by appointment of the board of supervisors for the unexpired term.

§ 2. The county attorney of the county of Nassau when appointed as herein provided, shall have charge of and conduct all of the civil law business of the county of Nassau, and its departments. He shall have charge of and conduct all legal proceedings instituted for and on behalf of or against the county, and shall prepare and approve as to form all leases, deeds, contracts and bonds of the county or of or connected with any department, board or officer thereof, and verify that the board, body or officer had the authority or power to make such lease, deed, contract or bond, and that the same is in proper form and properly executed; provided, however, that he shall not have the power to institute any proceedings on behalf of the county, or any of its officers, except upon direction of the board of supervisors or an officer, board, commission or body having power or authority under statute to direct the starting of any such action or proceeding. He shall be the legal adviser to the board of supervisors and of every board, body, commission or officer of the county of Nassau, and it shall be his duty to furnish to such board of supervisors, board, body, commission or officer, all such advice and legal assistance as counsel and attorney in and out of court as may be required by them, or either of them. No officer,

board, body, commission or department of the county shall have or by county employ any attorney or counsel at the expense of the county un

less specifically authorized so to do by the board of supervisors. Comprennise He shall not be empowered to compromise, settle or adjust any of claims,

rights, claims, demands or causes of action in favor of or against the county of Nassau without the previous authority of the board of supervisors, or of the board, body, commission or officer authorized or empowered by statute to direct or consent to such compromise, settlement or adjustment; provided, however, that this inhibition shall not operate to limit or abridge the diseretion of the county

[ocr errors]

Employment of attorneys

officers.

14

etc.

« PreviousContinue »