CHAPTER 652 AN ACT to amend the surrogate's court act, in relation to the refund of excessive payments to creditors, distributees and other persons interested Became a law May 22, 1936, with the approval of the Governor. three-fifths being present Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred and sixty-seven of the surrogate's 1267 court act is hereby amended to read as follows: amended. § 267. Decree for payment and distribution. Where an account is judicially settled, as prescribed in this article, and any part of the estate or fund remains and is ready to be distributed, the decree must direct the payment and distribution thereof to the persons so entitled, according to their respective rights. It may also award to a surviving husband, wife, or child, the same relief as to set off of exempt property which may be awarded in his or her favor on a petition presented as prescribed in section two hundred and one of this act. If any creditor or any person interested in the Refund of estate has received estate assets in excess of the amount determined payments. on the settlement of the account to be lawfully due him the surrogate shall have power to direct in the decree repayment by him of such excess to the representative of the estate or otherwise as justice may require; and the exercise of such power heretofore by the surrogate is confirmed. excessive § 2. This act shall take effect September first, nineteen hundred Effect thirty-six. Sept. 1, 1936. CHAPTER 653 AN ACT to amend the vehicle and traffic law, in relation to right turns on red lights at intersections where traffic is controlled by traffic control signals when indicated by green arrow Became a law May 22, 1936, 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: subd. 21, Section 1. Subdivision twenty-one of section eighty-one of chapter 181. fifty-four of the laws of nineteen hundred twenty-nine, entitled amended. "An act relating to motor vehicles, motor cycles, and highway traffic, constituting chapter seventy-one of the consolidated laws, as added by chapter seven hundred and fifty-six of the laws of nineteen hundred thirty, is hereby amended to read as follows: 21. At all intersections when traffic is controlled by traffic control Right turns signals, turns shall be made on the green light only, except as other- intersecwise directed by a peace officer, and except that right turns on tions. the red light may be permitted where traffic conditions warrant at Effect July 1, 1937. when authorized by local ordinance or regulation, in which case such direction to traffic shall be indicated by a green arrow pointing to the right suspended at the bottom of the traffic control signal which arrow shall flash or light simultaneously with the red light, but such right turns on the red light may be made only after the vehicle turning in each case shall have first come to a full stop and only when interference with vehicular or pedestrian traffic proceeding with the green light is not occasioned thereby. § 2. This act shall take effect July first, nineteen hundred thirty seven. Ch. 159, L. 1869, amended. New § 6-a added. Termination of trustees and CHAPTER 654 AN ACT to amend chapter one hundred fifty-nine of the laws of eighteen Became a law May 22, 1936, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter one hundred fifty-nine of the laws of eighteen hundred sixty-nine, entitled "An act in relation to the Fireman's Benevolent Association of Buffalo, and to regulate the number of trustees thereof," as last amended by chapter one hundred twenty-nine of the laws of nineteen hundred twenty-nine, is hereby amended by inserting therein a new section, to be numbered six-a, to read as follows: § 6-a. (1) When, at any time, the total number of persons eligible for the office of trustee shall in the aggregate be one or more and corporation. less than five, the terms of office of the officers and trustees of the corporation shall at once cease and determine and none thereafter shall be selected as provided in this act, and all of the funds, properties and affairs of the corporation shall thereafter be managed and administered by the firemen's association of the state of New York, which shall act in lieu and stead of the officers and trustees of said corporation and which shall have and exercise, or be subject to, as the case may be, the same powers, duties and responsibilities as provided for the officers and trustees of the corporation in this act, in all respects in accordance with the provisions of this act. Transfer of property. (2) When there are no longer any members of the corporation. or persons entitled to the privileges of membership therein or persons eligible to receive relief and assistance therefrom, all of its funds and properties shall thereupon be transferred to and shall be and become the funds and properties of the firemen's association of the state of New York, and shall be used for the support and maintenance of the firemen's home maintained by said association. § 2. This act shall take effect immediately. CHAPTER 655 AN ACT to amend the public service law, in relation to the regulation of the price of gas and electricity Became a law May 22, 1936, 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: amended. Section 1. Section sixty-six of chapter four hundred and 166 eighty of the laws of nineteen hundred ten, last re-entitled by chapter seven hundred and eighty-two of the laws of nineteen hundred thirty, entitled "An act relating to the public service of New utility companies, constituting chapter forty-eight of the consoli- added. dated laws," is hereby amended by adding thereto a new subdivision, to be subdivision sixteen, to read as follows: subd. 16 of utility rates. 16. The commission shall have power after a hearing on its own Regulation motion, upon complaint or upon the application of a gas corporation or electric corporation to prescribe rates and charges for gas, electricity or other service rendered or to be rendered, embodying the automatic adjustment of such rates and charges, over a fixed period not exceeding four years, based on the relation between the net income from such rates and charges available for return and the fair value of the property of the corporation used and useful in said service; but nothing in this subdivision shall operate to prevent the commission after the expiration of such fixed period from fixing proper, just and reasonable rates and charges to be made for gas, electricity or service as authorized in this article. § 2. This act shall take effect immediately. CHAPTER 656 AN ACT to amend section six hundred and twenty-nine of the civil practice act with respect to the filing of judgments on appeal Became a law May 22, 1936, 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: amended. Section 1. Section six hundred and twenty-nine of chapter nine 629 hundred and twenty-five of the laws of nineteen hundred twenty, as amended, entitled "An act in relation to civil practice in the courts of the state of New York," is hereby amended to read as follows: § 629. Judgment or order of supreme court on appeal from inferior or local court. A judgment or order of the supreme court rendered upon an appeal from a judgment of an inferior or local Entry of court, except as otherwise provided by law, must be entered in the order. Filing. Effect Sept. 1, 1937. office of the clerk of the county wherein the court below is located. Where the appeal is from the city court of New York or the municipal court of the city of New York, the judgment or order of the supreme court must be entered in the office of the clerk of such court. Where the appeal is from the city court of Buffalo, the judgment or order of the supreme court must be entered in the office of the clerk of such court. The judgment or order of the supreme court, with the papers transmitted from the court below, forms the judgment-roll, which must be filed in the office of the clerk in which the judgment or order of the appellate division is required to be entered. § 2. This act shall take effect September first, nineteen hundred thirty-seven. Ch. 62 amended. CHAPTER 657 AN ACT to amend the tax law, in relation to acceptance by a county treasurer of payment of the taxes upon a part of a parcel of land subject to unpaid taxes Became a law May 22, 1936, 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 sixty-two of the laws of nineteen hundred nine, entitled "An act in relation to taxation, constituting chapter New 88-b sixty of the consolidated laws," is hereby amended by inserting therein a new section, to be section eighty-eight-b thereof, to read as follows: added. Effect Jan. 1, 1937. § 88-b. Payment of taxes to county treasurer on part of property. The county treasurer of any county may, in his discretion, in respect to any taxes which have been returned to him as unpaid, and for the collection of which he has not made a sale of the property affected thereby, receive the taxes on a part of any lot, piece or parcel of land charged with taxes in the same manner as the collector is authorized to do under the provisions of section seventynine of this chapter, all of the provisions of which shall apply thereto. § 2. This act shall take effect January first, nineteen hundred thirty-seven. CHAPTER 658 AN ACT to amend chapter nine hundred and twelve of the laws of nineteen hundred twenty, entitled "An act allowing and regulating boxing, sparring and wrestling matches, and establishing a state athletic commission and making an appropriation therefor," in relation to payments to the state Became a law May 22, 1936, 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: subd. 1; Section 1. Subdivision one of section twenty-five of chapter nine 125 hundred and twelve of the laws of nineteen hundred twenty, amended. entitled "An act allowing and regulating boxing, sparring and wrestling matches, and establishing a state athletic commission, and making an appropriation therefor," as last amended by chapter three hundred and thirty of the laws of nineteen hundred thirtyfive, is hereby amended to read as follows: to state. 1. Every individual, corporation, association or club holding any professional or amateur boxing, sparring or wrestling match or exhibition, for which an admission fee is charged or received, Notice to shall notify the athletic commission five days in advance of the commission. holding of such contest, and shall pay to the department of state five per centum of the total gross receipts, exclusive of any federal taxes paid thereon. Such payment shall be made within forty-eight Payment hours after the holding of the contest and shall be accompanied by a report in such form as shall be prescribed by the department of state. All tickets of admission to any such boxing, sparring or wrestling match or exhibition shall be procured from a printer duly licensed by the department of state to print such tickets and shall bear clearly upon the face thereof the purchase price of same. Any individual, corporation, association or club failing to fully comply with this section shall be subject to a penalty of fifty dollars Violation: in addition to the tax due with interest for each violation, to be penalty. collected by and paid to the department of state. Any individual, corporation, association, or club is prohibited from operating any shows or exhibitions until all taxes and penalties due have been paid. § 2. This act shall take effect immediately. |