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or paid for by any street surface railroad corporation under the terms of the general laws of this state, shall be defrayed by local assessment upon such portions of the real estate in said city and against the owners thereof, as the assessors of said city shall deem more immediately benefited by such paving. No part of the expense of paving a street, except the general tax hereinbefore mentioned, shall be assessed upon any lands not bordering on or touching the part or parts of such street upon which such improvements are made. The common council shall not in any one year, order or contract for paving, the total cost or expense of which shall be in excess of the sum of one hundred and twenty thousand dollars. Nothing herein contained shall relieve any street surface railroad corporation from the obligation of paving such portion of the street as is imposed on it by law; and the cost of paving the said portion shall not be considered a portion of the total cost of paving, in determining the amount of paving that may be ordered or contracted for in any one year, nor shall the cost of curbing be therein included. The said common council is hereby authorized to borrow upon the credit of the city such sums and for such period of time, not exceeding four years for any portion thereof, as shall be necessary to pay the entire cost and expense of such paving, in anticipation of the collection of the taxes therefor, and pay and discharge the entire indebtedness thereof. The city's portion of the money so borrowed shall be repaid, when collected, from the general tax. The balance of said indebtedness so borrowed shall be repaid, when collected, from the assessment for such paving. Any person, firm or corporation owning property abutting or touching on any street, or section thereof, directed to be paved according to any of the provisions of this act, and against whom or whose property the assessors shall make an assessment and who shall become and be liable for the payment of such assessment, as herein provided, may, at any time before the expiration of the last day when the tax or assessment for such paving may be paid without fees to the city treasurer, as provided in section one hundred and four of this act, file a statement in writing with the city treasurer, that he, she, they, or it elects to pay such tax or assessment in not to exceed three equal instalments with interest thereon at six per centum per annum, interest to be computed on such instalments from the expiration of the last day when the same might have been paid without fees had such election not been made. At the time of filing such statement the person, firm or corporation filing the same must pay the first instalment of said tax or assessment; otherwise such statement and election shall be void and of no effect. The balance of such instalments shall be due and payable in one and two years respectively. At the time when such tax or assessment is due where no election is made as above provided, and when any of the respective unpaid instalments with the interest thereon shall become due and payable where such election is made, said common council shall issue the proper warrant for the collection of said tax or assessment or unpaid instalment,

2 Formerly “sixty thousand dollars.”

2

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with interest, so due and payable, attach the same to said assess-
ment-roll, and deliver the said warrant so attached to the treasurer
of said city, and thereupon the same proceeding shall be had and
taken for the collection of said tax or assessment or unpaid instal-
ment as provided by section one hundred and four of this act for
the collection of a local assessment and as prescribed by sections
eighty-six to ninety-four, inclusive, of this act for the col-
lection of unpaid taxes. The term paving as used in this act shall
include repaving, and is also intended to cover curbs along the
line of such paving or repaving. The common council shall have
the power to cause such curbs to be made, or remade, set or reset,
in such manner and of such material as it may direct; such mak-
ing or remaking, setting or resetting of such curbs, shall be in-
cluded in and become a part of the proceedings and improvements
of the paving or repaving of such street, made pursuant to this
section, but the whole expense of such curbing or recurbing shall
be assessed upon the real property and against the owners thereof
abutting upon such improvement in proportion to the frontage
thereon; and in making the assessments as in this section provided,
all the improvements made as aforesaid, shall be included therein,
and the cost and expense of such curbs shall be collected with and
as a part of the assessment for the paving of such street.

§ 2. Section one hundred and ten of title nine of said chapter s 110
as amended by chapter three hundred and thirty-one of the laws amended,
of nineteen hundred and twenty-threet is hereby amended to read
as follows:

§ 110. Maximum amount of the annual city tax levy. The amount of the annual city tax levy as finally made up, adopted and ordered levied, as provided in the preceding section, after deducting therefrom the amounts required by the board of education, the department of public health, the amount voted for at a taxpayers' election, the city's portion of all paving and grading, the amount determined nécessary to retire any maturing water bonds for the payment of which no sufficient sinking fund has been provided, the amount necessary to pay the interest on all outstanding sewer bonds and obligations, and the principal of such bonds and obligations as mature during the fiscal year, and the amount remaining unpaid on all judgments against the city, shall not in any one year exceed in the aggregate the sum of four hundred and seventy-five thousand dollars, from which said sum of four hundred and seventy-five thousand dollars, there shall be deducted the estimated revenues of the city from all sources for the fiscal year.

§ 3. This act shall take effect immediately.

66

3 Word “this " substituted for word the.”

4 Previously amended by L. 1916, ch. 78; L. 1918, ch. 169; L. 1919, ch. 255; L. 1921, ch. 61; L. 1922, ch. 83.

6 Formerly “three hundred and fifty thousand dollars."

CHAPTER 28 AN ACT to appropriate and make available, to defray the cost of construc

tion of an elevator at the cave of the winds on the state reservation at Niagara, the fund of thirty-eight thousand four hundred ninety-eight dollars and twenty-one cents, derived from the receipts of said cave of the winds concession during the years nineteen hundred and twenty-two, nine. teen hundred and twenty-three and nineteen hundred and twenty-four and heretofore paid into the state treasury by the commissioners of the state

reservation at Niagara. Became a law February 19, 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 foliows:

Section 1. The sum of thirty-eight thousand four hundred and ninety-eight dollars and twenty-one cents, derived from the receipts of the concession for the cave of the winds on the state reservation at Niagara during the years nineteen hundred and twenty-two, nineteen hundred and twenty-three and nineteen hundred and twenty-four, which by chapter six hundred and forty-seven of the laws of nineteen hundred and twenty-two the commissioners of the state reservation at Niagara were authorized to retain for the purpose of defraying the cost of construction of an elevator to provide for better access to said cave of the winds, but which said commissioners have heretofore paid to the state treasury, is hereby appropriated for said purpose; and the comptroller of the state of New York is hereby directed forthwith to draw a warrant on the treasury of the state of New York for the payment thereof to said commissioners of the state reservation at Niagara, and the treasurer of the state of New York is hereby directed, on receipt of such warrant, to pay said sum forthwith to said commissioners to be applied by them to said purpose pursuant to the provisions of chapter six hundred and forty-seven of the laws of nineteen hundred and twenty-two.

§ 2. This act shall take effect immediately.

CHAPTER 29 AN ACT to meet the emergency that has arisen in connection with the out

breaks of typhoid fever that have seriously affected the oyster industry of

the state, and making an appropriation therefor.1 Became a law February 19, 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. The state commissioner of health is hereby authorized to investigate the sanitary condition of oyster beds located in the waters of the state adjacent to Long Island which in his opinion are free from pollution. Such investigations as are neces

1 See L. 1925, ch. 350, post.

Investigation of sanitary condition of oyster beds, authorized.

that oysters are

.

sary shall be made for the purpose of issuing certificates that the Certificates oysters harvested from such beds can be considered safe and marketable. Owners or lessees desiring to have beds inspected shall safe and submit in their request for such inspection a statement of the acreage and location of the beds, together with the location of the nearest sewage outlets, and upon request of the commissioner of health, they shall submit certified lists of dealers to whom they sell their oysters. Such owners or lessees shall provide boats and other necessary facilities for the inspections, dredgings and samplings. The owner or lessees shall submit to the commissioner of health a sworn affidavit that the oysters will not be floated or brought into contact with polluted waters after removal from the beds, while being transported or stored or prepared for shipment. The commissioner of health shall conduct surveys of the beds and shall make such laboratory examinations as he shall deem necessary. He may issue certificates only for beds so located that the oysters grown thereon are entirely safe for human consumption. Such certificates shall expire January first, nineteen hundred and twentysix and may be revoked by the commissioner of health whenever in his opinion it is necessary for the protection of public health. The owners or lessees of the beds investigated shall pay into the Fee. state treasury a fee of fifty cents for each acre inspected. Moneys so paid shall be available to cover the costs of the investigations. There is hereby appropriated out of any moneys in the state treas- Approprie. ury, not otherwise appropriated, fifteen thousand dollars ($15,000), or as much thereof as may be necessary, for carrying out the purposes of this act and for the necessary expenses incurred by the state department of health in executing this act. The powers Terminahereby granted shall terminate January first, nineteen hundred tooners and twenty-six.

§ 2. This act shall take effect immediately.

tion.

powers granted.

CHAPTER 30

AN ACT to amend the public officers law, in relation to qualifications for

holding office. Became a law February 20, 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. Section three of chapter fifty-one of the laws of L. 1909, nineteen hundred and nine, entitled “An act in relation to public

ch. 51,

8 3 officers, constituting chapter forty-seven of the consolidated laws,'' amended, as last amended by chapter one hundred and eighty of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:

§ 3. Qualifications for holding office. No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the

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political subdivision or municipal corporation of the state for which
he shall be chosen, or within which the electors electing him reside,
or within which his official functions are required to be exercised,
or who shall have been or shall be convicted of a violation of the
selective draft act of the United States, enacted May eighteenth,
nineteen hundred and seventeen, or the acts amendatory or supple-
mental thereto. The provisions of this section requiring a person
to be a resident of the political subdivision or municipal corpora-
tion of the state for which he shall be chosen or within which his
official functions are required to be exercised, shall not apply in
the case of any member of a police force of any municipality of
the state who, upon due request by the mayor of any other munici-
pality, has heretofore been granted or who may hereafter be
granted a leave of absence without pay by his proper superior
officers to perform police services in any municipality other than
the one in which he is regularly appointed and employed to per-
form such police service.

§ 2. This act shall take effect immediately.

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CHAPTER 31

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4814d. added to L. 1909, ch. 63.

AN ACT to amend the town law, in relation to contracts by town boards for

fire protection in districts in towns in a county not containing a city.
Became a law February 24, 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. Chapter sixty-three of the laws of nineteen hundred
and nine, entitled “An act relating to towns, constituting chapter
sixty-two of the consolidated laws,” is hereby amended by insert-
ing therein a new section, to be section three hundred and four-
teen-d, to read as follows:

§ 314-d. Contracts for fire protection in districts in towns in a county not containing a city. The town board of any town in any county, which does not contain a city, but which contains a village or villages, upon the written petition of a majority of the resident taxpayers in territory wholly without such village or villages, may establish such territory as a fire district for the purposes of this section, by filing in the office of the town clerk a certificate describing the boundaries thereof. Upon the written petition of a majority of the resident taxpayers of any water, highway, water supply or fire district in such a county, having a fire department or an incorporated fire company therein, the town board of any such town may make a contract with any such village or villages, irrespective of whether or not the territory embraced in such district adjoins such village or villages, for fire protection to be furnished within such district, for a sum not to exceed in any one year ten cents upon each one hundred dollars of assessed valuation

1 Remainder of section new.

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