§ 251. Board of managers. The home shall be under the control of a board of seven managers, appointed in accordance with the provisions of section fifty-one of this chapter, a majority of whom shall be appointed from the members of the grand army of the republic, the woman's relief corps auxiliary to the grand army of the republic, the united Spanish war veterans, department of New York and the woman's auxiliary united Spanish war veterans, department of New York. Appointments shall be so made that there will be at all times four women and three men members of said board. § 2. This act shall take effect immediately. CHAPTER 26 AN ACT to amend chapter nineteen of the laws of nineteen hundred and The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section five of chapter nineteen of the laws of nine- L. 1924, teen hundred and twenty-four, entitled "An act authorizing the ch. 19. creation of a debt of the state and the issuance and sale of bonds $5 to provide for the payment of bonuses to honorably discharged soldiers, sailors and marines of the world war who were actual residents of the state at the time of their enlistment or induction into the military or naval service of the United States," is hereby 'amended to read as follows: § 5. Definitions. The terms "honorably discharged soldiers, sailors and marines of the world war, as used in this act shall include: A. Every person, male or female, who was enlisted, inducted, warranted or commissioned and who served in active duty in the army, navy or marine corps of the United States at any time between the sixth day of April, nineteen hundred and seventeen and the eleventh day of November, nineteen hundred and eighteen. and who died or was killed while in such service or who died prior to the twenty-eighth day of February, nineteen hundred and twenty-four, or who was honorably separated or discharged from such service, or who is still in active service, or has been retired, or has been furloughed to a reserve. B. Every person who was enlisted in the army nurse corps or the 2 Word "and" omitted. 3 Remainder of sentence new. 1 Words "who died or was killed while in such service or who died prior to the twenty-eighth day of February, nineteen hundred and twenty-four, or," new. Subd. E added to § 6. deceased veterans. navy nurse corps of the United States and who served in active duty therein at any time between the sixth day of April, nineteen hundred and seventeen and the eleventh day of November, nine. teen hundred and eighteen and who died or was killed while in such service or who died prior to the twenty-eighth day of February, nineteen hundred and twenty-four, or who was honorably separated or discharged from such service or who is still in active service. § 2. Section six of such chapter is hereby amended by adding thereto a new subdivision, to be subdivision E, to read as follows: Payment to E. The widow or widower, child or children, mother, father, relatives of brother and sister, in the order named, and such relatives only, of a deceased person, male or female, who was enlisted, inducted, warranted or commissioned, and who served in active duty in the army, navy or marine corps of the United States at any time between the sixth day of April, nineteen hundred and seventeen and the eleventh day of November, nineteen hundred and eighteen, and every such relative of a deceased person who enlisted in the army nurse corps or the navy nurse corps and who served in active duty therein at any time between the sixth day of April, nineteen hundred and seventeen and the eleventh day of November, nineteen hundred and eighteen, shall be entitled to receive from the appropriation made by this act, as a bonus, if such deceased person died while in such service, the sum of one hundred and fifty dollars, or, if such deceased person died after having been retired or honorably discharged from such service, the sum of ten dollars for every entire month that such deceased person was in active service in the army or navy forces of the United States during the world war; provided that such deceased person was an actual resident of the state of New York at the time of enlistment or induction to the military or naval service of the United States. No bonus under this act shall exceed a total of one hundred and fifty dollars. No bonus shall be paid under this subdivision to the relative of a person who shall have died after February twenty-eighth, nineteen hundred and twenty-four. 8 14 amended. § 3. Section fourteen of such chapter is hereby amended to read as follows: § 14. Time within which application for the state bonus must be made. The commission created hereunder shall neither receive applications from nor make any awards or payments of bonus to any applicant whose application for such bonus shall not have been filed with the commission before the first day of July, nineteen hundred and twenty-six, and any right to such state bonus aceruing to any applicant aforesaid by reason of the provisions of this act on and after the first day of July nineteen hundred and twentysix, shall cease, terminate and be forever void. § 4. This act shall take effect immediately. 1 Words "who died or was killed while in such service or who died prior to the twenty-eighth day of February, nineteen hundred and twenty-four, or," new. 2 Formerly "nineteen hundred and twenty-five." CHAPTER 27 AN ACT to amend chapter two hundred and forty-two of the laws of nineteen hundred and eleven, entitled "An act to amend, consolidate and revise the several acts relative to the city of Amsterdam," generally. Became a law February 19, 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: ch. 242, Section 1. Section fifty-seven of title five of chapter two hundred L. 1911, and forty-two of the laws of nineteen hundred and eleven, entitled $57 "An act to amend, consolidate and revise the several acts relative amended. to the city of Amsterdam," as amended by chapter ninety-one of the laws of nineteen hundred and twenty-two' is hereby amended to read as follows: § 57. Paving. No street shall be paved by said city unless the owners owning a majority of the amount of lineal feet fronting on the part of the street proposed to be paved petition therefor; except that if the common council shall by resolution and vote of three-fourths of the aldermen in office decide that such paving be expedient and necessary, then such paving can be done without such petition. If the common council shall decide without a petition as above provided, that any street or section of a street ought to be paved, the city clerk shall cause to be published for at least six days, a notice in the official newspapers of the city, that at a time and place to be therein specified, the common council will meet to make a final determination in respect thereto. Such notice shall contain a brief description of the character, location and extent of the paving and of the material to be used therefor. Any person interested shall be entitled to be heard at such meeting in opposition to or in favor of such paving. If at the time of or before such meeting a protest against the paving, in writing, signed by the owners of two-thirds of the frontage upon such street or section of street proposed to be paved, and acknowledged as deeds. of real estate are required to be acknowledged, be filed with the city clerk, the said common council shall not order the proposed paving, nor shall it consider the same again within one year; but the owners owning a majority of the amount of lineal feet fronting on a smaller section of the same street not less than one block, may file with the city clerk a petition therefor, and in that case the said common council may order the paving as therein requested. Fifty per centum of the expenses of paving made or directed under this section, shall be paid by a general tax upon the city, exclusive of curbing, and the amount charged to any street surface railroad corporation, and such part or portion of such expenses shall thereupon become a charge upon the city and shall be added to and raised with the next general assessment and tax for city purposes; and the balance of said expense, exclusive of the part to be done 1 Previously amended by L. 1917, ch. 310. 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." with interest, so due and payable, attach the same to said assessment-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 instalment 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 collection 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 making or remaking, setting or resetting of such curbs, shall be included 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 110 as amended by chapter three hundred and thirty-one of the laws amended, of nineteen hundred and twenty-three 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 necessary 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. 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. • Formerly three hundred and fifty thousand dollars." |