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L. 1909,
ch. 64,
§ 117a

repealed.

Proceedings relative to

legalized.

CHAPTER 162

AN ACT to repeal section one hundred and seventeen-a of the village law, relating to the collection of taxes by clerk

Became a law February 25, 1928, 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 one hundred and seventeen-a of chapter sixtyfour of the laws of nineteen hundred and nine, entitled “An act relating to villages, constituting chapter sixty-four of the consolidated laws," as added by chapter six hundred and fifty-five of the laws of nineteen hundred and twenty-two, is hereby repealed. § 2. This act shall take effect immediately.

CHAPTER 163

AN ACT to legalize acts and proceedings relating to the West Hempstead fire district, in the town of Hempstead, county of Nassau, and defining the boundaries of such district

Became a law February 25, 1928, 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. The resolution of the board of supervisors of the county of Nassau, dated October seventeenth, nineteen hundred formation, and twenty-one, and duly adopted on said day, for the purpose of forming a fire district in the town of Hempstead in such county, and all acts and proceedings of the taxpayers, the officers and agents of such county and of such district leading up to and including such resolution, and all acts subsequent thereto relating to the formation thereof and all other acts by such board of supervisors or under their direction heretofore taken, pursuant thereto, are hereby legalized, ratified and confirmed, notwithstanding any defect, irregularity or omission of any lawful requirement in or lack of statutory authority for such resolution or in or for the formation of such district or any of such acts and proceedings.

Creation legalized.

§ 2. That the creation of the West Hempstead fire district in the town of Hempstead, county of Nassau, New York, be and the same is hereby in all respects legalized and validated, and said Boundaries. fire district comprising the territory within the following boundaries, to wit:

At West Hempstead, town of Hempstead, Nassau county, and state of New York, beginning at a point marking the northwesterly corner of the incorporated village of Hempstead, where it intersects with the southerly line of the incorporated village of Garden City; running thence westerly along the southerly line of the incorporated village of Garden City to the center of the Cherry

Valley road; thence southwesterly along the center of the Cherry Valley road to the northerly line of Hempstead and Jamaica turnpike; thence westerly along the northerly line of the Hempstead and Jamaica turnpike through to the middle of the Cherry Valley brook; thence southerly along the center of the Cherry Valley brook to a line drawn through the middle of the block between Elm street and Maple street extended each way in a straight line intersecting the Cherry Valley brook on the west and intersecting the Hempstead reservoir, property of the city of New York, on the east; thence northwesterly and northeasterly along the westerly line of Hempstead reservoir to the easterly line of the land of C. R. Lush; thence along the side of the Lush land northwesterly and thence northeasterly and continuing northeasterly along the land of Parsons and across the land of Parsons to the southeasterly line of the land of George J. Rapelyea; thence northerly along the easterly line of the land of Rapelyea until it intersects the westerly line of the incorporated village of Hempstead; thence along the line of the incorporated village of Hempstead, northwesterly and northerly to the point or place of beginning.

property

§3. Such district is hereby vested with all powers of a fire Powers; district under article three of the county law and it is hereby benefited. declared that all taxable property included within such district is benefited by the creation thereof.

§ 4. This act shall take effect immediately.

CHAPTER 164

AN ACT to revive and extend the corporate existence of the Wyndham Lawn
Home for Children, and to legalize the acts of the directors as trustees
Became a law February 27, 1928, 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:

ration.

Section 1. Wyndham Lawn Home for Children, incorporated for Declared a period of fifty years, February twentieth, eighteen hundred and valid corposeventy-one, under the name of "The Lockport Home for the Friendless," pursuant to an act entitled "An act for the incorporation of benevolent, charitable, scientific, and missionary societies" passed April twelfth, eighteen hundred and forty-eight, and the acts extending and amending the same, which name was by chapter three hundred and eighty-seven of the laws of nineteen hundred and five of the state of New York, changed to "The Home for the Friendless at Lockport", and which latter name was by an order of the supreme court of the state of New York, dated April ninth, nineteen hundred and seventeen, and entered in Niagara county elerk's office in book twenty-six of supreme court orders at page one hundred and seventy-three, changed to "Wyndham Lawn Home for Children", after May fifteenth, nineteen hundred and

Acts of directors legalized.

Corporate existence revived and

extended.

Deemed

to have existed

without lapse.

Certificate

seventeen, is hereby declared to be a valid corporation with the same force and effect as the same existed on the nineteenth day of February, nineteen hundred and twenty-one, and prior to the expiration of the period for which said corporation was created; with all the powers, privileges, franchises and subject to the same duties, obligations and restrictions in respect to such powers under the laws of this state in force on or before the nineteenth day of February, nineteen hundred and twenty-one, which were conferred and imposed in respect to said corporation and with the same force and effect as if said corporate existence and organization had been extended according to law prior to said nineteenth day of February, nineteen hundred and twenty-one, and before the expiration of the period of time for which said corporation was created; and the acts of the directors of said corporation acting as trustees, including any and all deeds or conveyances of real property by said corporation under any of its corporate names, executed under its corporate seal and attested by the proper officers authorized thereunto or acting pursuant to the authority of its directors, between the nineteenth day of February, nineteen hundred and twenty-one, and the time this act takes effect, are hereby legalized, ratified and confirmed and made effectual and valid as fully for all purposes as if the corporate existence of said corporation had not expired.

§ 2. The corporate existence of the said Wyndham Lawn Home for Children is hereby revived and extended as of the nineteenth day of February, nineteen hundred and twenty-one, in perpetuity, and shall be possessed and seized of all the property and be possessed of all the rights and privileges had, possessed, seized and enjoyed by the said Wyndham Lawn Home for Children under any of its corporate names, at any time prior to the nineteenth day of February, nineteen hundred and twenty-one, and said corporation shall be deemed to have existed for all purposes from the day last mentioned without any lapse, forfeiture or interruption of its corporate existence and subject to the same liabilities and restrictions provided by law.

The said corporation shall, within thirty days after this act takes to be filed effect, file in the office of the secretary of state a certificate under the signature of an officer thereof, setting forth:

with

secretary

of state.

Same:

with tax commission.

Pending actions.

1. The names of the corporation.

2. The law or laws by which it was incorporated.

3. That its existence is revived and extended in perpetuity pursuant to this act, and citing the law by chapter and year of passage. Such certificate shall be acknowledged by the officer executing the same in the manner required of a deed to be recorded within this

state.

§ 3. Said corporation shall also file with such certificate a certificate or receipt of the state tax commission showing that all franchise taxes have been paid.

§ 4. Nothing in this act contained shall affect any action or proceeding pending at the time this act takes effect.

5. This act shall take effect immediately.

CHAPTER 165

AN ACT to amend the education law, in relation to the salaries of substitute teachers employed in the state college for teachers and in the state normal schools

Became a law February 27, 1928, 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:

L. 1909, ch. 21

of L. 1910,

subd. 7

Section 1. Subdivision seven of section eight hundred and seventeen of chapter twenty-one of the laws of nineteen hundred and (revision nine, entitled "An act relating to education, constituting chapter ch. 140). sixteen of the consolidated laws," such chapter having been 817, amended by chapter one hundred and forty of the laws of nineteen amended. hundred and ten and such section last amended by chapter one hundred and fifty-three of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows:

1

college for

and normal

7. The regents of the university shall determine the procedure Salaries, by which a member of the faculty of one of the institutions herein f faculty specified who has reached the maximum salary in his classification of state may be promoted to the next higher grade on evidence of continued teachers meritorious services; provided, however, that in the state college school. for teachers the total number of professors shall not be increased beyond one such professor for each fifty full-time matriculated students; but nothing herein shall be construed to affect the number of such professors and assistant professors employed in such state college for teachers at the time this act shall take effect. The regents may determine by rule as to whether or not there shall be a director of training or whether special departments shall be established in any of the normal schools. The number of heads of departments and other positions shall be determined by the rules adopted by the board of regents, in accordance with the number of students enrolled and the necessities of the school. The memhers of the faculty, teachers and other employees of such college and of each of such schools shall be appointed by the board of regents on the recommendation of the commissioner of education. With the approval of the commissioner of education and princi- Sabbatical pal, a teacher may be granted a leave of absence for travel or for year. study, not to exceed one year in seven at the rate of not to exceed one-half the regular salary pay, provided such teacher agrees to remain in the service of the state not less than two years immediately following the expiration of such leave. The balance of the salaries appropriated for such teachers, or so much thereof as may be necessary, may be applied by the commissioner of education during the period of such absence, for the

1 Previously amended by L. 1918, ch. 558; L. 1919, ch. 560; L. 1920, ch. 499; L. 1925, ch. 685.

2 Words "not to exceed one-half the regular salary" substituted for word "half."

Following sentence new.

Provision for payment of substitute teachers during

next fiscal

year.

payment of the salaries of substitute teachers employed in such state college for teachers and state normal schools to take the places of the teachers to whom leaves of absence have been granted as provided herein.

§ 2. The provisions of this act in relation to the payment of the salaries of substitute teachers in such state college for teachers and state normal schools to take the places of the teachers to whom leaves of absence have been granted as provided in this subdivision shall apply to the appropriations made for such state college for teachers and state normal schools by chapter fifty-five of the laws of nineteen hundred and twenty-seven and such appropriations shall be available for the payment of the salaries of such substitute teachers as provided herein during the fiscal year commencing July first, nineteen hundred and twenty-seven,

§ 3. This act shall take effect immediately.

Maintenance of ferry authorized.

Accommodations to be provided.

CHAPTER 166

AN ACT to renew the franchise of the ferry from the highway adjacent to the farm of Sarah Gibbs Thompson Pell, in the town of Ticonderoga in the county of Essex, across Lake Champlain to Larrabee's Point, Vermont Became a law February 28, 1928, 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. It shall and may be lawful for Flora D. Cunningham, of Larrabee's Point, Vermont, the owner of the franchise and ferry rights granted to her by chapter two hundred and fourteen of the laws of nineteen hundred and eighteen, her heirs and assigns, to set up, keep and maintain a ferry across Lake Champlain from the highway adjacent to the lands of Sarah Gibbs Thompson Pell, at Addison Junction, otherwise known as Fort Ticonderoga, in the town of Ticonderoga, Essex county, New York, to Larrabee's Point in the town of Shoreham, in the state of Vermont, for the term of fifteen years, to be computed from the first day of March, nineteen hundred and twenty-eight, as now established. The said Flora D. Cunningham, her heirs and assigns, shall have the right of ferriage between the points specified in this section.

§ 2. If the said Flora D. Cunningham, her heirs or assigns, shall set up, keep and maintain a ferry as aforesaid they shall, during such keeping and maintaining, provide, keep and maintain a suitable and safe ferry boat capable of and sufficient for carrying motor vehicles, wagons, carriages, horses, cattle, sheep and passengers, and ready at all reasonable times and seasons to transport and ferry across said lake between said points, persons and suitRates and able and proper animals, goods, chattels and property.

times of running,

how determined.

§ 3. The county court of the county of Essex, upon the application of any person or corporation, and upon such notices in writ

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