within boundaries, legally district. pursuant to such resolution are hereby ratified, approved and confirmed notwithstanding any defect, irregularity or omission of any lawful requirement in or lack of statutory authority for such resolution. It is hereby declared and determined that all property Property included within the boundaries of such fire district, to wit: Begin- certain ning at the intersection of the center of the Eighteen Mile creek described with the shore line of Lake Erie; thence northeasterly along the declared shore line of Lake Erie to a point where said shore line will inter- established sect the extension of the center line of the Shaleton road, said road fre leading directly north from the Shaleton station of the Buffalo and Lake Erie traction company; thence south along the center line of said road to the southeasterly line of land of the Pennsylvania railroad company; thence northeasterly along said line of said company's land to the northeast corner of the lands of the Acme Shale Brick Company lying in lot number thirty-nine (39); thence south along the east line of said lands, to the south line of said lot number thirty-nine (39); thence east along said lot line to the northeast corner of lands of the Acme Shale Brick Company lying in lot number thirty-eight (38); thence south along the east line of said lands to the center of the Cooper Ridge road; thence westerly along the center of said road to the east line of land of said company lying south of said road; thence south along the east line of lands of said company to the southeast corner thereof and to a point in the north line of lot number thirty-seven (37); thence east along said lot line to the west line of lands of John C. May lying in said lot; thence south along the west line of said May's land to the southeast corner thereof at a point in the west line of lot number thirty-two (32); thence north along said west line to the northwest corner of said lot; thence east along the north line of said lot number thirty-two (32) to the northeast corner of lands of Clarence Riehle; thence south along the east line of said Riehle's land and the east line of land of John Koopler and said line extended to the center of the Eighteen Mile creek; thence westerly down the center of said creek to the place of beginning is benefited by the creation of such district and that said district is hereby declared to be legally established as a fire district in the town of Hamburg, county of Erie, state of New York, § 2. All the acts and proceedings had and taken by the fire com- Proceedings missioners, the officers, agents and qualified voters and taxpayers including of said fire district as established, and of the agents and officers of special the town of Hamburg leading up to and including the special legalized. elections held on the fourteenth day of October, nineteen hundred and twenty-five, and on the twenty-third day of November, nineteen hundred and twenty-five, authorizing respectively the election of fire commissioners and appropriating forty-nine thousand dollars to be payable by a tax to be collected in installments, are hereby legalized, ratified and confirmed notwithstanding any defect, irregularity or omission in any such acts or proceedings or the lack of statutory authority therefor. up to and elections, Proceedings subsequent to special § 3. All the acts and proceedings of fire commissioners of such fire district subsequent to such special elections, particularly the elections. legalized. Bonds declared valid obligations. L. 1909, issuance and sale of forty-five thousand dollar bonds of such fire CHAPTER 73 ! AN ACT to amend the highway law, in relation to the width of pavement to be maintained by the superintendent of public works on state or county highways constructed at a greater width than that provided in the original plans as provided in sections one hundred and thirty-eight-a, one hundred and thirty-eight-b, one hundred and seventy-seven of the highway law, or under conditions prescribed pursuant to section one hundred and fortysix of said law Became a law March 3, 1927, 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 seventy of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," as last amended by chapter one hundred and eighty-four of the laws of nineteen hundred and twenty-six1 is hereby amended to read as follows: § 170. Commission to provide for maintenance and repair. The maintenance and repair of improved state and county highways in towns and incorporated villages, exclusive, however, of the cost of maintaining and repairing bridges having a span of five feet or over, shall be under the direct supervision and control of the superintendent of public works and he shall be responsible therefor. Such maintenance and repair may be done in the discretion of the superintendent either directly by the department of public works or by contract awarded to the lowest responsible bidder at a public letting after due advertisement, and under such rules and regulations as the superintendent of public works may prescribe. The superintendent of public works shall also have the power to adopt such system as may seem expedient so that each section of such highways shall be effectively and economically preserved, maintained and repaired. The superintendent of public works shall have the power to purchase materials for such maintenance and repair, except where such work is done by contract, and contract for the delivery thereof at convenient intervals along such highways. The superintendent of public works shall have power to acquire for the state, by purchase, real estate for the purpose of erecting and maintaining thereon storehouses and repair shops for i Previously amended by L. 1911, ch. 646; L. 1912, ch. 83; L. 1913, ch. 80; L. 1916, ch. 578; L. 1922, ch. 371. the storing of supplies and material for the reconstruction, maintenance and repair of such highways, and for the storing, repairing and maintenance of department road machines and machinery, tools and implements, and to construct and maintain such storehouses and shops. Whenever a state or county highway has been constructed at a greater width than that provided in the original plans, upon petition of a town or county, as provided in sections one hundred thirty-eight-a, one hundred thirty-eight-b or one hundred and seventy-seven, or whenever such highway has been widened by a town or county under a permit granted as provided in, or under conditions and regulations prescribed pursuant to section one hundred and forty-six, the additional width of pavement shall be deemed to be a part of the highway and shall be maintained by the superintendent of public works as provided herein, but in no case where any such highway has been widened as provided above, shall the state be responsible for the maintenance of any curb or of any paved gutter or paved shoulder, provided, however, that on any highway maintained by the state the superintendent shall have authority to clean any pavement or paved gutter or repair any unpaved shoulder or unpaved gutter outside of the pavement maintained by the state, where necessary for the protection of such pavement. § 2. This act shall take effect immediately. CHAPTER 74 AN ACT to authorize the board of public works of the city of Ithaca to remove the remains of deceased persons from part of the Ithaca city cemetery, owned by the city of Ithaca, and to use such part of said cemetery for highway purposes Became a law March 3, 1927, with the approval of the Governor. Passed by a two-thirds vote on emergency message The People of the State of New York, represented in Senate and Assembly, do enact as follows: public remove re part of Section 1. The retaining wall on the west side of the Ithaca city Board of cemetery, owned by the city of Ithaca, having become out of repair works au and being in a dangerous condition, and it being desirable to thorized to eliminate the curve in the highway known as University avenue mains from on the west side of said cemetery, the board of public works of described the city of Ithaca is hereby authorized and empowered to remove cemetery. all the remains of deceased persons from that part of the Ithaca eity cemetery lying westerly of a line described as follows: beginning at the southwest corner of the south stone gatepost at the main entrance to the cemetery on University avenue; thence running south nineteen degrees, fifty minutes west a distance of two hundred and forty feet to a point; thence south thirty-six degrees, forty minutes west, a distance of one hundred and ninetyone feet to a point which is the intersection of the south line of the cemetery and the easterly line of University avenue, said point being marked by a pipe set below the intersection of two stone 2 Words shall the state maintain a width of pavement in excess of twenty feet nor," omitted. Interments forbidden walls. Bearings are referred to the azimuth of Linn street, assuming Linn street to run due north and south. § 2. All interments or burials of human bodies or remains in hereafter. that part of said cemetery lying west of said described line are forbidden, and shall hereafter be unlawful. Notice to heirs and publication. § 3. Said board of public works shall cause a notice to be pubrelatives lished once a week for four successive weeks in the Ithaca Journalto remove: News, a daily newspaper published in the city of Ithaca, giving notice to the heirs and relatives of deceased persons buried in that part of the Ithaca city cemetery lying west of the line hereinbefore described, to disinter and remove the remains of such deceased persons at their own expense, together with the tombstones, monuments, slabs, stones and other markers and appurtenances thereunto belonging within a time to be specified in such notice, which shall not be less than thirty days from the last publication, and that in default thereof the said board of public works will cause such remains, if any, to be disinterred and removed at the expiration of that time. Such publication shall be deemed sufficient notice to the heirs and relatives of the deceased Permit to persons buried in said part of said cemetery. No remains shall be removed by such heirs or relatives except upon a permit granted by the board of public works upon satisfactory proof of heirship or relationship. remove. Removal and reinterment of remains; monuments, etc. Map and statement of locations; markers. § 4. After the expiration of the period specified in such notice, the board of public works of said city, at the expense of the city, shall proceed to exhume and remove the human remains interred in that part of the Ithaca city cemetery lying west of the line herein before described, together with all monuments, slabs, stones and other marks of burial places and shall reinter such remains in other places in said Ithaca city cemetery or in some other cemetery in the city of Ithaca or the vicinity thereof. Such remains, if distinguishable, shall be enclosed in a separate box or casket and separately interred, and all monuments, stones, slabs and other marks, designating places of burial shall be reset in the proper place so as to preserve the identity of the respective remains. Members of the same family shall be placed in contiguous graves. Said board of public works shall cause to be made a diagram or plat of that part of the Ithaca city cemetery lying west of the line hereinbefore described, together with the exact location of each body exhumed or removed, and the name, if any. If there shall be no name or monument or marker at the place from which such remains shall be removed, said board of public works shall provide suitable markers with numbers thereon, and shall set a marker at the place of reinterment of each body, and shall enter the number of such marker on such diagram or plat at the place from which such remains were removed. There shall be attached to said map a statement showing the exact place of reinterment of each of the remains so removed. Such map and statement shall be filed with and become a part of the records of the city of Ithaca in the office of the city clerk, and a duplicate thereof shall be filed in the office of the clerk of the county of Tompkins and there remain as one of the records of said county. amounts such part § 5. The heirs and relatives of any deceased person buried in Refund of that part of the Ithaca city cemetery lying west of the line herein- paid for before described, who shall have removed the remains of such use of deceased person at their own expense, within one year after the of cemebody of such deceased person shall have been removed, may file tery. a claim with the board of public works of said city for the refund of any sum which may have been paid to the city of Ithaca for the use of that part of said cemetery for burial purposes. Upon satisfactory proof being made of the relationship of the claimant and the amount paid, the board of public works shall refund to the claimant the amount so paid. No claim shall be allowed or paid if not presented within such one year period. to use § 6. After all human remains have been removed from that city aupart of the Ithaca city cemetery lying west of the line herein-thorized before described as herein provided, the city of Ithaca is hereby lands for authorized and empowered to use such lands or any part thereof for highway, street or other municipal purposes. municipal purposes. council to expense. § 7. The common council of the city of Ithaca shall furnish Common to the board of public works sufficient funds to meet the expense furnish of such removals and reinterments, including the expense of funds for securing a place or places for said reinterment, and including the amounts to be refunded as provided by section five of this act. Such expenses shall be a city charge or indebtedness to be Expenses levied and collected as such other city charges of said city are charge. raised, levied and collected. The common council may also pro- Bond issue vide for the issuing of bonds of the city in the manner provided by law, for the purpose of carrying out the provisions of this act. § 8. This act shall take effect immediately. CHAPTER 75 AN ACT to amend the education law, in relation to the use of voting machines at school meetings in union free school districts in certain counties Became a law March 3, 1927, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, lo enact as follows: a city authorized, (revision of Section 1. Chapter twenty-one of the laws of nineteen hundred § 207a and nine, entitled "An act relating to education, constituting chap- added to ter sixteen of the consolidated laws, as amended by chapter one ch. 21 hundred and forty of the laws of nineteen hundred and ten, is L. 1910, hereby amended by adding thereto, at the end of article seven, a ch. 140). new section, to be section two hundred and seven-a, to read as follows: § 207-a. Use of voting machines at school meetings in union free school districts in certain counties. If the board of education of any union free school district in a county of over two hundred thousand population and not over four hundred thousand population, according to the last preceding federal or state census or enumeration, adjoining a city of over one million population, according to such census or enumeration, shall so determine, voting machines may be used for recording the vote on elections and |