§ 196a added to L. 1909. ch. 52. L. 1909. any assignment or satisfaction piece of a mortgage otherwise authorized to be recorded therein when the acknowledgment or proof was taken in another state or county, notwithstanding any defect in the form of acknowledgment or the failure to append thereto a certificate as to the authority of the notary public, or other officer, who took the acknowledgment or proof, to take the same, shall be in all respects as valid and effectual as though such acknowledgment had been in proper form or such certificate had been appended to such instrument. Provided only that the notary public, or other officer, was duly authorized at the time of taking the proof or acknowledgment to take the same in the county where the instrument is recorded or in the state or3 county where the same was taken, but this section shall not affect any action or proceeding pending on January first, nineteen hundred and twenty-five." CHAPTER 568 AN ACT to amend the real property law, in relation to dower. Became a law April 9, 1925, with the approval of the Governor. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Passed. Section 1. Chapter fifty-two of the laws of nineteen hundred and nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," is hereby amended by adding a new section, to be section one hundred and ninety-six-a, to read as follows: § 196-a. When dower barred by dissolution of marriage. In case of a dissolution of the marriage because of the absence of the wife for five successive years, as provided in section seven-a of the domestic relations law, she shall not be endowed. § 2. This act shall take effect immediately. CHAPTER 569 AN ACT to amend the real property law, in relation to the definition of recording officer. Became a law April 9, 1925, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: 3 Words "state or new. 4 Words " any defect in the form of acknowledgment or," new. 5 Words " acknowledgment had been in proper form or such," new 6 Formerly" nineteen hundred and sixteen." Section 1. Subdivision four of section two hundred and ninety of chapter fifty-two of the laws of nineteen hundred and nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," is hereby amended to read as follows: 4. The term "recording officer" means the county clerk of the county, except in a county having a register,' where it means the register of the county. § 2. This act shall take effect immediately. CHAPTER 570 AN ACT to amend the real property law, in relation to acknowledgment by corporation and form of certificate. Became a law April 9, 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. 52, Section 1. Section three hundred and nine of chapter fifty-two L. 1909, of the laws of nineteen hundred and nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated amended. laws," is hereby amended to read as follows: § 309 § 309. Acknowledgment by corporation and form of certificate. The acknowledgment of a conveyance or other instrument by a corporation, must be made by some officer thereof authorized to execute the same by the board of directors of said corporation. The certificate of acknowledgment must be in substantially the following form, the blanks being properly filled: State of New York } SS. County of in the year ; On the (Signature and office of person' taking acknowledgment.) If such corporation have no seal, that fact must be stated in place of the statements required respecting the seal. "The record made prior to January first, nineteen hundred and twenty-five, in the county clerk's or register's office of any county in this state of any conveyance or other written instrument by a 66 1 Words a county having a register" substituted for words "the counties of New York, Kings or Westchester." 1 Word " person "substituted for word " officer." 2 Remainder of section new. Pending actions. L. 1909, corporation otherwise authorized to be recorded therein, notwithstanding the failure to include in the certificate of acknowledgment thereof the place of residence of the officer of such corporation who acknowledged the same, shall be in all respects as valid and effectual as though such place of residence of such officer had been included in such certificate of acknowledgment. § 2. This act shall not affect any action or proceeding pending in any court at the time of the taking effect thereof. § 3. This act shall take effect immediately. CHAPTER 571 AN ACT to amend the real property law, in relation to subdivision maps of property located in certain towns of Erie county. Became a law April 9, 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 hundred and thirty-four of chapter fifty-two of the laws of nineteen hundred and nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," as added by chapter four hundred and fifteen of the laws of nineteen hundred and ten and last amended by chapter five hundred and eighty-one of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: § 334. Maps to be filed; penalty for nonfiling. It shall be the duty of every person or corporation who, as owner or agent, subdivides real property into lots, plots, blocks or sites, with or without streets, for the purpose of offering such lots, plots, blocks or sites for sale to the public, to cause a map thereof, together with a certificate of the surveyor or draughtsman attached showing the date of the completion of the survey and of.the making of the map and the name of the subdivision as stated by the owner, to be filed in the office of the county clerk or register of deeds of the county where the property is situated prior to the offering of any such lots, plots, blocks or sites for sale; and a duplicate copy of such map shall also be filed in the office of the city, town or village clerk, where the property is situated before any such sale. All such maps must be printed or drawn upon tracing cloth, linen or canvas backed paper. Every such subdivision map of property, in the towns of Tonawanda, West Seneca, Cheektowaga, Amherst, Lancaster and Hamburg, Erie county, located wholly or partly outside an incorporated village, shall before the filing thereof as herein provided, have attached thereto in writing, the approval of the town board of such town, and every such map of property 1 Previously amended by L. 1916, ch. 143; L. 1917, ch. 592; L. 1923, ch. 513. 2 Word" located omitted. Word" and " omitted. 4 Words "and Hamburg "3 new. Words" located wholly or partly outside an incorporated village,” new 6 Remainder of sentence new. located wholly or partly in an incorporated village in such town, shall, if located wholly within the village have attached the approval of the board of trustees of the village, and if located partly within a village and partly within one of such towns, have attached the approval of both the town board of the town and the board of trustees of the village. All of such maps shall be placed and kept, by some suitable method, in consecutive order and shall be consecutively numbered in the order of their filing and shall be indexed under the initial letters of all substantives in the title of the subdivision. A failure to file any such map as required by the provisions of this section shall subject the owner of such subdivision, or of the unsold lots therein, to a penalty to the people of the state of twenty-five dollars for each and every lot therein sold and conveyed by or for such owner prior to the due filing of such map. § 2. This act shall take effect immediately. CHAPTER 572 AN ACT to amend the railroad law, in relation to the appraisal of and pay. ment for the stock of dissenting stockholders in certain cases. Became a law April 9, 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: added to L. 1910, Section 1. Article four of chapter four hundred and eighty-one 161 of the laws of nineteen hundred and ten, entitled "An act in relation to railroads, constituting chapter forty-nine of the consoli- ch. 481. dated laws," is hereby amended by adding at the end of such article, after section one hundred and sixty, as added by chapter five hundred and four of the laws of nineteen hundred and twentytwo, a new section to be one hundred and sixty-one, to read as follows: § 161. Rights of dissenting stockholder upon consolidation, lease or conveyance. If any stockholder not voting in favor of a consolidation being effected in the manner provided in sections one hundred and forty and the following sections of this chapter, or not voting in favor of a lease for a longer period than one year being made in the manner provided in sections one hundred and forty-eight and the following sections of this chapter, or not voting for a conveyance of the property, appurtenances and franchises of the corporation in the manner provided in section one hundred and forty-eight of this chapter, shall, at the stockholders' meeting at which such consolidation or such contract of lease or such contract for conveyance is approved or within twenty days thereafter, object to such consolidation or such lease or conveyance and demand payment for his stock, such stockholder or the corporation of which he is a member may, provided such consolidation or such contract of lease or such contract for conveyance shall have Saving clause. § 180 amended. become effective, have such stock appraised in the following manner: either such stockholder or the corporation may, within sixty days after such consolidation or such contract of lease or contract for conveyance has become effective, apply to the supreme court at any special term thereof held in the district in which the office of such corporation is situated, upon eight days' notice to the corporation or to such stockholder, for the appointment of three persons to appraise the value of such stock, and the court shall appoint three such appraisers and designate the time and place of their first meeting, with such directions in regard to their proceedings as shall be deemed proper, and also direct the manner in which payment for such stock shall be made to such stockholder. The court may fill any vacancy in the board of appraisers occurring by refusal or neglect to serve or otherwise. The appraisers shall meet at the time and place designated and, after being duly sworn honestly and faithfully to discharge their duties, they. or any two of them shall estimate and certify the value of such stock at the time of such dissent, and deliver one copy of their appraisal to such corporation, and another to such stockholder if demanded by him. The charges and expenses of the appraisers shall be paid by the corporation. When the corporation shall have paid the amount of such appraisal, as directed by the court, such stockholder shall cease to have any interest in such stock and in the corporate property of such corporation and such stock may be held or disposed of by such corporation. Before receiving payment such stockholder shall surrender his certificate of stock. § 2. This act shall not affect any consolidation, lease or conveyance pursuant to article four of the railroad law, which has been effected prior to the date on which this act takes effect. § 3. This act shall take effect immediately. CHAPTER 573 AN ACT to amend the surrogate's court act, in relation to limitation of value of property of infant subject to bond. Became a law April 9, 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 one hundred and eighty1 of the surrogate's court act is hereby amended to read as follows: § 180. Qualification of guardian of property. Before letters of guardianship of an infant's property are issued by the surrogate's court, the person appointed must take an official oath as prescribed by law and execute to the infant, and file in the surrogate's office his bond, with at least two sureties, in an amount fixed by the surrogate, not less than the value of the personal property, and of the rents and profits of the real property, and of the annual in1 As amended by L. 1924, ch. 307. |
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