Gambar halaman
PDF
ePub

§ 480,

subd. 1 amended.

L. 1909,
ch. 30,
§ 291,
subd. 2
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,2 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.

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,1 is hereby amended to read as follows:

of fees.

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 daily 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.

subd. 3

§ 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 nineteen aundred and twenty-one, is hereby amended to read as follows:

portion of

treasurers.

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 com- county pany, on account of fees 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 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 counties included therein.

§ 3. This act shall take effect immediately.

1 Previously amended by L. 1916, ch. 577; L. 1921, ch. 580.

66

2 Word registration" omitted.

3 Previously amended by L. 1916, ch. 577; L. 1919, ch. 622.

[merged small][ocr errors]

such" substituted for words "the registration."

Office created. Appointment,

term, etc.

Powers and duties.

CHAPTER 104

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

Employ

ment of attorneys officers.

of claims,

etc.

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 discretion of the county

of judg

attorney in regard to the proper conduct of the trial of any proceeding or action at law, or to deprive said county attorney of the powers or privileges ordinarily exercised in the course of litigation by attorneys at law when acting for private clients. He shall not Confession permit, offer or confess judgment against the county, or accept any ment. offer of judgment in favor of the county, unless previously duly authorized so to do by the board of supervisors. He shall make an Annual annual report at the close of each fiscal year to the board of supervisors covering generally the work of his office, and showing the status of all actions and proceedings pending.

report.

and subordinates.

§ 3. The county attorney may appoint and at pleasure remove secretary, a secretary and such number of deputies and other clerks and sub- deputies ordinates as the board of supervisors of the county of Nassau may authorize and direct, and the salary or compensation of such secretary, deputies and other clerks and subordinates shall be fixed by the board of supervisors and paid in the method and manner as drected by them. Such deputies shall act generally for and in the place of the county attorney in reference to the particular branch of work assigned to them. The secretary, clerks and subordinates shall perform such services as may be assigned to them by the county attorney, or his deputies acting for him. Special counsel to Special assist or conduct important cases or proceedings for or against the county or any officer, board, body or commission thereof shall be employed only when authorized by the board of supervisors at such compensation as shall be approved by it.

counsel.

actions

§ 4. All process and papers for the commencement of actions service of and legal proceedings against the county of Nassau shall be served process in either upon the chairman of the board of supervisors, the county against comptroller or the county attorney.

county.

§ 5. The board of supervisors may remove the county attorney Removal of only for cause, upon charges preferred, and after an opportunity attorney. to be heard.

§ 6. This act shall take effect immediately.

CHAPTER 105

AN ACT to ratify, confirm and legalize the proceedings bad and taken by the city of Oneonta in the matter of paving, curbing and filling Chestnut street extension and constructing a retaining wall and laying sidewalk along certain portions of said street, the issuance of bonds therefor and to provide for the payment of such bonds.

Became a law March 11, 1925, with the approval of the Governor. Passed by a two-thirds vote under emergency message.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. All the acts and proceedings had and taken by or in Proceedings behalf of the city of Oneonta, by its board of public works, its legalized. common council, its boards or commissions, its officers and agents, for and in respect to the paving, curbing, and filling of Chestnut

[merged small][ocr errors]

Certification of cost.

street extension, and constructing a retaining wall and laying and relaying side walk along certain portions thereof, and the issuance of bonds therefor, are in all respects ratified, confirmed, and legalized, and are hereby expressly declared a full and sufficient compliance with the statutes applicable thereto and with all the requirements and conditions precedent to the issuance and sale of bonds in payment for said improvements. The board of public works shall certify to the common council the cost and expense of said improvements, including all costs and charges Issuance of connected therewith or pertaining thereto. The common council of said city is hereby authorized and empowered to issue and sell bonds in payment thereof, as so certified, and upon the due sale and delivery of said bonds, said bonds shall become and be the valid and binding obligations of the city of Oneonta, notwithstanding any defect, irregularity or the omission of any lawful requirement in, or the want of any statutory authority for, any act or proceeding had or taken. Said bonds shall be of such denomination, shall bear such rate of interest, not exceeding the terest, etc. legal rate, and shall be payable at such time or times, as the common council shall determine, but not less than four percentum thereof shall become due and payable annually.

bonds

authorized.

Bonds;

tion, in

Tax for payment.

Pending actions.

L. 1861, ch. 62, 25 amended.

Village to constitute highway district; powers of trustees.

§ 2. The said city of Oneonta by its common council, its proper officers, and agents, is hereby authorized and directed to raise annually, by tax, a sum sufficient to pay the interest and principal of each and all of such bonds, as the same shall become due.

§ 3. This act shall not affect any action or proceeding now pending in any court.

§ 4. This act shall take effect immediately.

CHAPTER 106

AN ACT to amend chapter sixty-two of the laws of eighteen hundred and sixty-one, entitled "An act to incorporate the village of Panama," in relation to the road and bridge money of the town of Harmony.

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. Section twenty-five of chapter sixty-two of the laws of eighteen hundred and sixty-one, entitled "An act to incorporate the village of Panama," as amended by chapter three hundred and seventy-one of the laws of eighteen hundred and sixty-two, is hereby amended to read as follows:

§ 25. The said village shall constitute a highway district, and the powers and duties of commissioners and overseers of highways are hereby devolved upon, and shall be exercised by the trustees of the village, except as otherwise provided in this act; and the jurisdiction of the commissioners and overseers of highways of the town of Harmony, within the limits of said village, over the taxable inhabitants, corporations and banking associations, and the property therein, and the highway taxes levied or to be levied on the

« SebelumnyaLanjutkan »