2558, subd. 3 amended. Costs to unsuc cessful contestant of will. In effect Sept, 1, 1911. Chap. 539. AN ACT to amend the code of civil procedure, in relation to costs in a contested proceeding for the probate of a will. Became a law June 29, 1911, 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 three of section twenty-five hundred and fifty-eight of the code of civil procedure is hereby amended to read as follows: 3. When the decree is made upon a contested application for probate, or revocation of probate of a will, costs, payable out of the estate or otherwise, shall not be awarded to an unsuccessful contestant of the will, unless he is a special guardian for an infant, appointed by the surrogate, or is named as an executor in a paper propounded by him, in good faith, as the last will of the decedent; in which case such person so named as executor may, in the discretion of the surrogate, be awarded costs and all necessary disbursements made by him and all expenses incurred in the attempt to sustain the will; but the surrogate may order a copy of the stenographer's minutes to be furnished to the contestant's counsel, and charge the expense thereof to the estate if he shall be satisfied that the contest is made in good faith. § 2. This act shall take effect September first, nineteen hundred and eleven. Chap. 540. AN ACT to amend the penal law, in relation to soliciting or pro curing the surrender of tickets of immigrant passengers. Became a law June 29, 1911, 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. Article one hundred and fifty of chapter eighty-eight of the laws of nineteen hundred and nine, entitled "An act to 1 Words "in which case such person sustain the will," new. provide for the punishment of crime, constituting chapter forty of the consolidated laws," is hereby amended by the addition thereto of a section, to be known as section fifteen hundred and seventy-two, as follows: 1572. Soliciting the surrender of tickets a misdemeanor. Any hotel, boarding-house, lodging-house or restaurant owner, proprietor, manager, clerk or other employee or any runner, guide, porter or solicitor who solicits in any manner any immigrant or steerage passenger inward or outward bound, having a railroad or steamship ticket, order or other instrument entitling or purporting to entitle such passenger to transportation or conveyance on any railroad or steamship, to surrender such ticket, order or other instrument to such hotel, boarding-house, lodging-house or restaurant owner, proprietor, manager or other employee or to any runner, guide, porter or solicitor or any other person for the purpose of detaining any such immigrant or steerage passenger in any such hotel, boarding-house, lodging-house, or restaurant, shall be guilty of a misdemeanor. § 2. This act shall take effect September first, nineteen hundred In effect and eleven. Sept. 1, 1911. Chap. 541. AN ACT to authorize the city of Schenectady to acquire title to certain real estate for the purpose of widening and opening and extending Lafayette street in said city and to provide for the expense therefor. Became a law June 29, 1911, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion of thorized. Section 1. The common council of the city of Schenectady is Acquist hereby authorized, whenever it shall deem the same necessary, to ground auacquire title to any ground or any real estate with the appurtenances belonging to any person, persons or corporation, for the purpose of widening Lafayette street, a public street in said city, or any portion of said street, between Union street and Hamilton. street, and also for the purpose of opening and extending said Payment of cost. Bond issue. Lafayette street through from Hamilton street southwesterly to South Center street, pursuant to the provisions of chapter seven hundred and fifty-six, laws of nineteen hundred and seven, entitled "An act to provide for the government and to supplement the provisions of law relating to the city of Schenectady," except that the payment for the widening and opening and extension of said street, and the cost and expense thereof shall be paid, and provisions for the payment thereof made in the manner and out of the funds hereinafter described. § 2. It shall be the duty of the common council of the city of Schenectady to borrow on the faith and credit of said city such sum as shall be required to pay the compensation agreed or directed to be paid by the city of Schenectady to the owner or owners of all ground and real estate acquired for the purpose mentioned in the foregoing section and also any damages sustained by reason thereof and all costs and expenses incidental and relating thereto and to issue the bonds of the city therefor, which bonds shall be signed by the mayor and treasurer of said city and countersigned by the comptroller thereof, and shall be made payable at the office of said treasurer, the principal thereof in twenty annual payments following the first issue thereof as nearly equal in amount as possible. All bonds so issued under the provisions of this act shall bear interest at a rate to be fixed by the said common council not exceeding, however, five per centum per annum, payable semi-annually, and shall be negotiated by said Application comptroller as hereinafter provided. The moneys received therefrom shall be deposited with the treasurer of said city, who shall keep a separate account thereof, and shall pay therefrom to the person, persons or corporation or corporations entitled thereto, upon the execution and delivery of proper releases and acquittances or receipts for all said damages, costs and expenses, and upon the execution and delivery of the proper deeds of conveyances of said ground or real estate and upon the audit of the comptroller of said city or the order of the court directing the payment of the same. The negotiation of said bonds shall be by selling the same by the city comptroller to the highest bidder either at public auction or in his discretion at private sale, by calling for sealed proposals to be submitted therefor, at not less than par, giving at least ten days' previous notice of the time, manner and place of sale by publication in the official newspaper of said city. The treasurer of the city of Schenectady is hereby authorized to make advances for the necessary expenditures here of proceeds. Sale of bonds. Advances for ditures expen bond issue. inbefore described for the payment of any awards, damages or costs prior to that may be directed to be paid by any order of the court or audit of the said comptroller for the purposes authorized by this act from any funds in his possession not otherwise appropriated prior to the issuing of the bonds herein authorized and to reimburse himself therefor from the proceeds of subsequent sales of any of said bonds. ment of benefited. § 3. The cost and expense for the opening, widening, extend- Assessing and improving of said street hereinbefore specified shall be property imposed and assessed upon property, within the district of assessment deemed benefited thereby as provided by said chapter seven hundred and fifty-six, laws of nineteen hundred and seven, hereinbefore referred to, and all acts amendatory thereof and supplemental thereto, except that such cost and expense shall be borne and paid as herein before specified in twenty annual payments, and such assessments when so made shall be presumptive evidence of the regularity of all proceedings taken and had under the provisions of this act and shall be and constitute a lien and charge upon the several pieces of land described in said district of assessment, and the same may be sold for nonpayment thereof in the same manner as is provided for the sale of property for the nonpayment of assessments by said chapter seven hundred and fifty-six of the laws of nineteen hundred and seven, provided, however, that the said common council of the city of Schenectady certain is hereby authorized, in its discretion, to provide by ordinance that may be the cost and expense of the grading and regrading, curbing and by city. recurbing of said street and the laying and relaying of the sidewalks and paving and repaving of the carriageway of said street and all expense for the opening, widening and extending of said. street, after the ground and real estate necessary for the opening, widening and extending of the same shall have been acquired, or any part thereof, be borne and paid for by the city at large in twenty annual payments in the manner provided by section two of this act. 4. This act shall take effect immediately. expenses paid L. 1909, ch. 22, 419 amended. Chap. 542. AN ACT to amend chapter seventeen of the laws of nineteen hundred and nine, entitled "An act in relation to the elections, constituting chapter seventeen of the consolidated laws," and known as the election law, in relation to the change in boundaries of election districts for the convenience of the voters in such districts. Became a law June 29, 1911, 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. Section four hundred and nineteen of chapter seventeen1 of the laws of nineteen hundred and nine, known as the election law, is hereby amended to read as follows: § 419. Number of voters in election districts. For any election in any city, town or village in which voting machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, so as to contain as near as may be six hundred voters each. Such redistricting or redivision may be made at any time after any November election and on or before August fifteenth following, and when so made shall take effect immediately. Where such redistricting or redivision shall be made in any town, the board making the same shall, on or before September first following, appoint from the inspectors of election then in office (if sufficient therefor are then in office, and if not, from persons not in office, sufficient to make up the requisite number) four inspectors of election for each election district thus created, who shall be equally divided between the two parties entitled to representation on said boards of inspectors. Thereafter no redivision of such election districts shall be made for elections by such machines until at some general election the number of votes cast in one or more of such districts shall exceed seven hundred. But the town board of a town or the common council of a city except the city of New York and Buffalo,2 in which such machines 1 Should read "twenty-two." The election law is ch. 17 of the consolidated laws. 2 Words "or the common council .. and Buffalo," new. |