CHAPTER 119 AN ACT to amend chapter two hundred and ninety-two of the laws of nineteen hundred and twenty-two, entitled "An act to provide for the location, creation, acquisition and improvement of parks, parkways and boulevards in and by the county of Westchester; authorizing the borrowing of money and issuing of bonds therefor; providing for the management and maintenance thereof; creating a commission therefor, and defining the powers and duties of such commission," generally. 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: 2 Section 1. Section two of chapter two hundred and ninety-two L. 1922, of the laws of nineteen hundred and twenty-two, entitled "An act ch2 292. to provide for the location, creation, acquisition and improvement amended. of parks, parkways and boulevards in and by the county of Westchester; authorizing the borrowing of money and issuing of bonds therefor; providing for the management and maintenance thereof; creating a commission therefor, and defining the powers and duties of such commission," is hereby amended to read as follows: oath, or officers, § 2. Each commissioner shall before entering upon the duties Commisof his office take and subscribe the oath prescribed by the consti- sioners; tution of the state, which oath shall be filed in the office of the ganization, county clerk of Westchester county. The clerk of the board of etc. supervisors of Westchester county shall call a meeting of said. park commissioners to be held at the court house, in the city of White Plains, New York, within ten days after their appointment for the purpose of organization. Such park commissioners shall thereupon proceed to organize and at such meeting, or at any subsequent meeting select a president, vice-president, secretary and treasurer, who shall, except the secretary, be members of the commission. Such commission may adopt a seal and a majority of such commissioners shall constitute a quorum for the transaction of business. The commission may employ such counsel as may be necessary and may also employ experts and other assistants and incur such other expenses as may be found necessary within the amounts appropriated by the board of supervisors of said county. The commission shall keep a record of its proceedings which together with its approved maps, adopted plans, documents and acts shall be a public record and be open to public inspection at such times and under such reasonable regulations as the commission shall determine. The said commission shall maintain a suitable office where its maps, plans, papers and records shall be kept and for the purposes of this act. Such commission is empowered to employ and at pleasure discharge such officers and employees as it may deem necessary and may determine their duties and fix their compensation to be paid as other county salaries are paid, provided, however, that the total of such salaries shall be within the amount appropriated by the board of supervisors for that pur Misdemeanor for commis etc., to be in con County park pose. It shall be a misdemeanor for any member of said park commission or any clerk, architect, engineer, superintendent or sioners, other assistant appointed by said park commission, or for any interested officer of said county to be in any way interested, directly or inditracts, etc. rectly, in furnishing any of the materials, supplies or labor for the erection or construction of any building or improvement contemplated by the provisions of this act, or in any contract which said park commission is empowered by this act to make. 1Such employees shall include one or more persons who may be employed patrolmen. for the purpose of enforcing law, order and the observance of the ordinances established by said commission for the government and use of the public reservation under its care. Each person as and when so employed, and during the term of such employment, shall be designated as a Westchester county park patrolman and shall be a peace officer as defined by section one hundred and fifty-four of the code of criminal procedure, and shall have, within the limits of the cities, towns and villages containing territory included within such reservation all the powers of a constable, marshal, police constable, or policeman of a city, town or village in the execution of criminal process; and criminal process issued by any court or magistrate of a county, town, city or village containing territory included within such reservation may be directed to, and executed by any such patrolman, notwithstanding the provisions of any local or special act, ordinance, or regulation. 5 amended. Fee or lesser estate or easement may be acquired. Title in name of county. Real estate de fined. § 2. Section five of such chapter is hereby amended to read as follows: § 5. The park commission may agree with the owner or persons interested in any real estate or casement laid down or shown on said map, or maps so approved, either for the acquiring of the fee thereof, a lesser estate or an easement therein as specified on said map or maps as to the compensation to be paid to such owner or owners or persons interested, for the taking or using and occupying such real estate or interest therein and the compensation so agreed upon shall be paid out of the moneys made available as in this act provided. The title to said lands shall be taken in the name of the county of Westchester. The term "real estate" as used in this act shall be construed to signify and embrace all uplands, lands under water, the water of any lake, pond or stream of water or mill rights or privileges and any and all easements and incorporeal hereditaments and every estate, interest and right, legal and equitable in lands or water, including terms for years and liens thereon by way of judgment, mortgage or otherwise and also all claims for damage for such property. It shall also be construed to include all real property or interest therein heretofore or hereafter acquired or used for railroad, railway, highway Relocation or other public or municipal purposes, provided that persons or forable corporations owning such property or claiming interest therein which is used as a public utility shall be allowed the perpetual use for such purpose, or of such other real estate to be acquired for the purposes of this act as will afford practical route or when used utility purposes. 1 Remainder of section new. of high pality. location for such railroad, highway or other public utility purpose and commensurate with and adapted to its needs and provided also that such persons or corporations shall not directly or indirectly be subject to expense, loss or damage by reason of change in such route or location, but such expense, loss or damage shall be borne in like manner as the expenses incurred in carrying out the provisions of this act. "In case an existing public highway Dedication under the jurisdiction and control of any municipality within the way by county is required for an approach or means of access to lands munici heretofore taken or hereafter to be acquired by the county of Westchester acting by and through its park commission, said municipality having the jurisdiction and control of said existing highway may dedicate it to the county of Westchester for the purpose of its park commission, as and for an approach or access, and the county of Westchester is authorized to accept the same as a part of its park system upon such terms and conditions as may be agreed to by the said municipality and the county of Westchester through its park commission. § 3. Section seven of such chapter is hereby amended to read as § 7 follows: amended. tion of sioners of nation pro § 7. In all condemnation proceedings instituted pursuant to the Compensaprovisions of this act, each commissioner of appraisal, upon the commisconfirmation of the report or other determination of the proceed appraisal ings, shall be entitled to receive in full compensation for his in condemservices as such commissioner of appraisal, and in bar of all other ceedings. claims for compensation and expenses, an allowance as may be fixed and awarded by the court as herein provided, not exceeding twenty-five dollars per day,3 upon which he attends a meeting of said commissioners of appraisal and is actually and necessarily employed in the performance of the duties imposed upon said commissioners of appraisal at the offices provided for such commissioners of appraisal, or at the meeting of the commissioners of appraisal to view the premises, provided that such compensation shall not be paid until it shall have been awarded and fixed by order of the court upon five days' notice to the park commission and to the attorney representing such park commission, and upon proof by affidavit showing the nature and extent of the services rendered, the dates of rendering services and the number of hours and parts of an hour necessarily occupied upon each date. A copy of such proof shall be served with the notice of taxation. § 4. This act shall take effect immediately. 2 Remainder of section new. 66 3 Words twenty-five dollars per day" substituted for words five dollars for every full hour upon each day." L. 1909, ch. 61 (revision ch. 787), CHAPTER 120 AN ACT to amend the stock corporation law, in relation to voting trust agreements. Became a law March 12, 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 fifty of chapter sixty-one of the laws of nineteen hundred and nine, entitled "An act relating to stock corporaof L. 1923, tions, constituting chapter fifty-nine of the consolidated laws," such chapter having been last amended throughout by chapter seven hundred and eighty-seven of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows: 8 50 amended. $ 69 added to L. 1909, ch. 33. § 50. Voting trust agreements. A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not exceeding ten years upon the terms and conditions therein stated. Every other stockholder may transfer his stock to the same trustee or trustees and thereupon shall be a party to such agreement. The certificates of stock so transferred shall be surrendered and canceled and new certificates therefor issued to such trustee or trustees in which it shall appear that they are issued pursuant to such agreement, and in the entry of such ownership in the proper books of such corporation that fact shall also be noted, and thereupon such trustee or trustees may vote upon the stock so transferred during the term of such agreement. A duplicate of every such agreement shall be filed in the office of the corporation and at all times during business hours be open to inspection by any stockholder or his attorney. "This section shall not apply to a banking corporation. § 2. This act shall take effect immediately. CHAPTER 121 AN ACT to amend the insurance law, in relation to reinsurance corporations. Became a law March 12, 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 thirty-three of the laws of nineteen hundred and nine, entitled "An act in relation to insurance corporations, constituting chapter twenty-eight of the consolidated laws,' is hereby amended by adding a new section at the end of article one, to be section sixty-nine to read as follows: § 69. Reinsurance corporations. Thirteen or more persons may become a stock corporation for the purpose of making only con1 Following sentence new. tracts of reinsurance with any other insurer, covering the risks provided for in any one of sections seventy, one hundred and ten or one hundred and fifty of this chapter, by filing in the office of the superintendent of insurance a declaration and charter to conform with what has been prescribed for the provisions of any such declaration and charter for the respective kinds of corporations mentioned in said sections of this chapter, including the making of publication of notice of intention to so organize and meeting the requirements prescribed for corporations separately formed under articles two, three and/or four of this chapter. § 2. This act shall take effect immediately. CHAPTER 122 AN ACT to amend the highway law, in relation to the designation of a system of state and county highways to be constructed and maintained by the state. Became a law March 12, 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: ch. 30, amended. Section 1. Subdivision seven of section one hundred and twenty L. 1909, of chapter thirty of the laws of nineteen hundred and nine, en- 120, titled "An act relating to highways, constituting chapter twenty- sub. 7 five of the consolidated laws, as last amended by chapter two hundred and seventy-seven of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: Route 7. Commencing at the city of Binghamton, thence northerly through the village of Port Dickinson on highways fifty-four hundred forty, fifty-five hundred six and one hundred thirty-four, thence easterly on highways one hundred seventy-five, fifty-two hundred forty-two, two hundred sixty-six, fifty-two hundred fortytwo, two hundred sixty-six and fifty-two hundred forty-three to the hamlet of Harpursville, thence northeasterly on highways two hundred and ten, fifty-two hundred and two hundred nine to the dividing line between Broome and Chenango counties, thence northeasterly through the villages of Afton and Bainbridge on highways fifty-two hundred, fifty-two hundred sixty-one, fifty hundred thirteen, fifty-four hundred fifty-four, fifty hundred thirteen and fifty-two hundred sixteen to the dividing line between Chenango and Otsego counties near the village of Sidney, thence northeasterly through the villages of Unadilla and Otego on highways. seven hundred and eight, fifty-two hundred two, fifty-two hundred twenty-nine, fifty-one hundred fifty-three, seven hundred eightytwo, six hundred seventy-five, three hundred seventeen and six hundred seventy-five to the city of Oneonta, thence northeasterly through the village of Schenevus on highways seven hundred 1 L. 1924, ch. 277, does not amend subd. 7. Subd. 7 previously amended by L. 1921, ch. 18. |