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L. 1909,
Ch. 64,
§ 101b
amended.

other charges are paid and the village treasurer shall notify the board of trustees of such payment.

§ 126-e. Levy by supervisors of unpaid taxes. The county treasurer shall submit such account, affidavit and certificate to the board of supervisors of the county, who shall cause the amount of such unpaid taxes with interest at the rate of one per centum for each month and fraction thereof, in addition thereto from the date of such tax warrant to be levied upon lands upon which the same were imposed and if imposed upon lands of any incorporated company, then upon such company and when collected the same shall be returned to the county treasurer to reimburse the amount so advanced with the expenses of collection.

§ 126-f. Payment before levy. Any person whose lands are included in any such account, may pay the tax assessed thereon, with interest at the rate of one per centum for each month and fraction thereof from the date of the tax warrant added thereto, to the county treasurer at any time before the board of supervisors shall have directed the same to be levied.

§ 2. This act shall take effect immediately.

CHAPTER 40

AN ACT to amend the village law, in relation to the transfer of village funds Became a law February 14, 1928, 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 one-b of chapter sixty-four of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," as added by chapter six hundred and forty-three of the laws of nineteen hundred and eighteen, is hereby amended to read as follows:

§ 101-b. Transfer of surplus money from one fund to another. The moneys in any village fund,' in any fiscal year, in excess of an amount sufficient to pay bonds and obligations, for which the fund was provided, theretofore due or to become due within such year, including interest, and in excess of any amount required to be set apart in a sinking fund to meet bonds or obligations or future expenses of any department, may be transferred by the board of trustees of the village to any other village fund.

§ 2. This act shall take effect immediately.

Words "one per centum for each month and fraction thereof" substituted for words "twelve per centum per annum."

5 Words "one per centum for each month and fraction thereof from the date of the tax warrant," substituted for words "twelve per centum per annum."

1 Words "specified in section one hundred and one of this chapter," omitted.

CHAPTER 41

AN ACT to amend the public officers law, in relation to granting to certain veterans leave of absence during the year nineteen hundred and twentyeight, to attend the convention of the United Spanish War Veterans in Havana, Cuba

Became a law February 15, 1928, 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. 51,

new 63a

Section 1. Section sixty-three-a of chapter fifty-one of the laws L. 1909, of nineteen hundred and nine, entitled "An act in relation to 63a public officers, constituting chapter forty-seven of the consolidated repealed; laws," as added by chapter six hundred and sixty-six of the laws added. of nineteen hundred and twenty-six, is hereby repealed and such chapter is hereby amended by inserting therein a new section sixty-three-a, to read as follows:

§ 63-a. Leave of absence for certain veterans during year nineteen hundred and twenty-eight. It shall be within the discretion of the head of every public department and of every court of the state of New York, of every superintendent or foreman on the public works of said state, of the county officers of the several counties of the state, and the head of every department, bureau and office in the government of the various cities and villages in this state, to give a leave of absence with pay for fifteen days, in addition to the regular vacation provided by law, to every person in the service of the state, the county, the city or the village, as the case may be, who is an honorably discharged veteran of the SpanishAmerican war, in the year nineteen hundred and twenty-eight, for the purpose of attending the convention of the United Spanish war veterans to be held in Havana, Cuba, in such year. § 2. This act shall take effect immediately.

CHAPTER 42

AN ACT for the relief of the several towns in the county of Sullivan, in rela tion to unpaid taxes for the years nineteen hundred and twenty-five and nineteen hundred and twenty-six

Became a law February 15, 1928, 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:

unpaid

Section 1. The supervisor of each town in the county of Sulli- Account of van shall cause to be made a correct account of the unpaid taxes taxes for of the years nineteen hundred and twenty-five and nineteen 1925, 1926. hundred and twenty-six, upon lands of residents, non-residents and corporations in the town of which he is the supervisor, which have been rejected by the comptroller on account of faulty or

To be added to

incorrect descriptions, and shall add to the assessment-roll of the assessment town for the year nineteen hundred and twenty-eight all such unpaid taxes, describing them thereon as relevied taxes of such

roll for

1928.

Reassess

ment and collection.

L. 1909, ch. 19, 15a

amended.

year.

§ 2. The board of supervisors of the county of Sullivan shall cause to be reassessed and levied upon the lots or parcels of land described in such accounts, the taxes so added by the supervisors and shall direct the collection thereof, and any of such taxes which shall not have been paid to the town collector shall be returned by him in the same manner as other unpaid taxes of the town for the year nineteen hundred and twenty-eight.

§ 3. This act shall take effect immediately.

CHAPTER 43

AN ACT to amend the domestic relations law, in relation to marriage of minors

Became a law February 15, 1928, 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 fifteen-a of chapter nineteen of the laws of nineteen hundred and nine, entitled "An act relating to domestic relations, constituting chapter fourteen of the consolidated laws,' as added by chapter five hundred and ninety of the laws of nineteen hundred and twenty-six and amended by chapter five hundred and forty-seven of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows:

§ 15-a. Marriages of minors under sixteen years of age.1 Any marriage in which the man is under the age of sixteen years or in which the woman is under the age of fourteen years is hereby prohibited. Any town or city clerk who shall knowingly issue a marriage license to any man actually under the age of sixteen years or to any woman actually under the age of fourteen years, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of one hundred dollars for each and every offense. § 2. This act shall take effect immediately.

3

1 Section heading formerly read: "Wrongful issuance of marriage license; punishment."

2 Following sentence new.

3 Words "to any man actually under the age of sixteen years or to any woman actually under the age of fourteen years," substituted for words "in violation of the provisions of this section."

CHAPTER 44

AN ACT to amend the village law, in relation to the disposition of fines and penalties

Became a law February 15, 1928, 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. 64,

Section 1. Section one hundred and eighty-five of chapter sixty- L. 1909, four of the laws of nineteen hundred and nine, entitled "An act is relating to villages, constituting chapter sixty-four of the consoli- amended. dated laws," and amended by chapter six hundred and fifty of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows:

§ 185. Accounts, reports and payments of fees and fines by salaried police justice. The police justice of the village shall not receive for his own benefit any fees, costs or expenses in any action or proceeding, but shall demand and receive the same fees, costs and expenses therein as are provided by law to be paid to a justice of the peace of a town, and shall keep account thereof and of fines and penalties paid to him. All such costs, fees and expenses, and all fines and penalties or other money so paid to him in any proceeding during any calendar month shall be paid to the village treasurer, except as otherwise provided by law, before the first regular meeting of the board of trustees in the next succeeding month. He shall, prior to such meeting in each month, file with the village clerk a complete, detailed and verified statement of all moneys payable to the village treasurer which were received by him during the last preceding month with the written receipt of the treasurer therefor attached thereto. No order for the salary of such police justice shall be drawn until such monthly statement and receipt are filed with the clerk. He shall keep an account of all fees in criminal actions and proceedings which would be payable to him if he were not paid a salary, and which are a town or county charge, and shall present claims for such fees against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the treasurer of the village, who shall collect the amount thereof.

§ 2. This act shall take effect immediately.

1 Words ', except as otherwise provided by law," new.

L. 1909, ch. 35,

§ 161, subd. 4 amended.

L. 1903, ch. 319, § 3 amended.

and under

CHAPTER 45

AN ACT to amend the judiciary law, in relation to an additional stenographer for the third judicial district

Became a law February 15, 1928. 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 four of section one hundred and sixty-one of chapter thirty-five of the laws of nineteen hundred and nine, entitled "An act in relation to the administration of justice, constituting chapter thirty of the consolidated laws," such section having been last amended throughout by chapter sixty of the laws of nineteen hundred and ten, and such subdivision having been last amended by chapter eight hundred and fifty-one of the laws of nineteen hundred and twenty-six, is hereby amended to read as follows:

4. The justices of the supreme court, or a majority of them, for the third judicial district shall appoint, and may at pleasure remove, six1 stenographers of the supreme court for such district. § 2. This act shall take effect immediately.

CHAPTER 46

AN ACT to amend chapter three hundred and nineteen of the laws of nineteen hundred and three, entitled "An act to make the office of the sheriff of Herkimer county a salaried office, and to regulate the management of said office," in relation to the compensation of deputies and undersheriff for attendance at court as court officers

Became a law February 15, 1928, 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 three hundred and nineteen of the laws of nineteen hundred and three, entitled “An act to make the office of sheriff of Herkimer county a salaried office and to regulate the management of said office," as last amended by chapter eighteen of the laws of nineteen hundred and twenty,1 is hereby amended to read as follows:

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Deputies § 3. Nothing in this act shall be construed to prevent the sheriff sheriffs; from appointing deputy sheriffs as provided in the county law. compensa- The fees and compensation of such deputies as well as of the

tion.

undersheriff are not to be a charge against such county, or any political division thereof, except as follows: Such deputies and undersheriff for their services in criminal cases shall be allowed the same fees as constables are now allowed by law, payable in

1 Formerly "five."

1 Previously amended by L. 1904, ch. 681; L. 1907, ch. 376; L. 1915, ch. 409; L. 1917, ch. 271.

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