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lage, and for the enforcement thereof by fines and penalties. Every such ordinance shall provide that the members of such shade tree commission serve without compensation.

§ 2. This act shall take effect immediately.

CHAPTER 297

AN ACT to amend the village law, in relation to permitting the office of village treasurer and village clerk to be held by the same person, in villages of the third and fourth classes.

Became a law April 1, 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:

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§ 42

Section 1. Section forty-two of chapter sixty-four of the laws L. 1909, of nineteen hundred and nine, entitled "An act relating to villages, ch. 64, constituting chapter sixty-four of the consolidated laws,' as last amended. amended by chapter one hundred and fifty-two of the laws of nineteen hundred and fifteen,' is hereby amended to read as follows:

§ 42. Eligibility to office. A president or trustee, or a fire, water, light, sewer, cemetery or police commissioner must, at the time of his election, be owner of property assessed to him on the last preceding assessment roll, and must also be the owner during the term of his office of property assessed to him on the assessment roll of said village; except that in a village of the fourth class, such an officer must, at the time of his election or appointment and during his term, be the owner of property within such village assessed upon the last preceding assessment roll, and except that a president or trustee elected at the first village election must be the owner of property assessed upon the last preceding town assessment roll. Any resident elector is eligible to any other village office. A resident woman, who is a citizen of the United States, and of the age of twenty-one years, is eligible to the office of village clerk or deputy clerk. A person shall not hold two village offices at the same time, except the offices of collector and police constable or water and light commissioner; and except that village trustees may also be water commissioners; and except that in villages of the third and fourth classes, as classified by section forty of this chapter, the offices of village treasurer and village clerk may be held by the same person.

§ 2. This act shall take effect immediately.

1 Previously amended by L. 1913, ch. 53.

2 Remainder of section new.

L. 1909, ch. 64, 8 95 amended.

L. 1909, ch. 64, § 292a amended.

Cemeteries

in Watkins, Mayville

and Penn Yan.

CHAPTER 298

AN ACT to amend the village law, in relation to publication and posting of village ordinances.

Became a law April 1, 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 ninety-five 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," is hereby amended to read as follows:

§ 95. When ordinances to take effect. Every ordinance hereafter adopted or approved by the board of trustees of a village shall be entered in its minutes and published in the official paper of the village, and also in each other newspaper actually printed in the village, once each week for two consecutive weeks, and a printed copy thereof posted conspicuously in at least three public places in the village for at least ten days before the same shall take effect, and an affidavit of the publication and posting thereof shall be filed with the clerk. A single ordinance or a group of ordinances adopted or amended at any one time may be published and posted as herein provided without the publication or posting of the balance of such village ordinances. But such an ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the village clerk under the corporate seal of the village, and showing the date of its passage and entry in the minutes.

§ 2. This act shall take effect immediately.

CHAPTER 299

AN ACT to amend the village law, in relation to the powers of the board of park or cemetery commissioners of the village of Penn Yan, Yates county. Became a law April 1, 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 two hundred and ninety-two-a 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 two hundred and three of the laws of nineteen hundred and fifteen, and last amended by chapter sixteen of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 292-a. The board of park or cemetery commissioners of the village of Watkins, in the county of Schuyler, and the village of 1 Following sentence new.

Mayville, Chautauqua county, and the board of park or cemetery commissioners of the village of Penn Yan, Yates county,1 shall have, in addition to the powers granted by section two hundred and ninety-two of this chapter, the power to assess the owners of lots in any cemetery in its respective village subject to its jurisdiction and control an amount not exceeding two dollars per year for the purpose of raising moneys to keep the lots in such cemetery in good and proper condition, and the trustees of each such village for that purpose shall have all the powers mentioned in section seventytwo of the membership corporations law.

§ 2. This act shall take effect immediately.

CHAPTER 300

AN ACT to amend the village law, in relation to the issuance of bonds or other obligations for the acquisition of real property for parks or playgrounds.

Became a law April 1, 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:

$ 129

Section 1. Section one hundred and twenty-nine of chapter L. 1909, sixty-four of the laws of nineteen hundred and nine, entitled ch. 64, "An act relating to villages, constituting chapter sixty-four of amended. the consolidated laws,' as last amended by chapter one hundred and eighty-one of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

Bonds or other obliga

§ 129. Bonds or other obligations. tions of the village shall be signed by the president and attested. by the clerk under the corporate seal. Such bonds or obligations, excepting those issued to provide for the supply of water, "for sewers or for the acquisition of real property for parks or playgrounds' shall be issued in such amounts and shall fall due at such times that the principal of same shall be fully paid in not more than twenty annual instalments, the first of which shall become due one year from the date of issuance of same. Bonds or other obligations issued to provide for the supply of water, for sewers or for the acquisition of real property for parks or playgrounds shall be issued so as to fall due in annual instalments, the first of which shall be payable not more than five years and the last of which shall be payable not more than forty years after the date of issuance of such bonds or 1 Words "and the board of park or cemetery commissioners of the village of Penn Yan, Yates county," new.

2 Words "subject to its jurisdiction and control," new.

1 Previously amended by L. 1914, ch. 54; L. 1915, ch. 48; L. 1921, ch. 456; L. 1923, ch. 561.

• Word or "substituted for word "of."

3 Word "and" omitted.

Words "for sewers or for the acquisition of real property for parks or playgrounds," new.

obligations. The amount of each of such annual instalments shall be fixed and determined by resolution adopted by the board of trustees of such village and shall be stated in the public notice of the election required to be given; and in such resolution the board of trustees shall provide that such bonds shall fall due in equal annual instalments; provided, however, that where the aggregate amount of bonds proposed to be issued is such that during the term of years prescribed in such resolution the annual instalments of bonds could not be issued in exact multiples of one hundred dollars the amount of the first or the last instalment may be increased or decreased so that the annual instalments of bonds for the remainder of the term may be in exact multiples of one hundred dollars. Any bonds of the village heretofore issued may be refunded. No funded debt which is payable in annual instalments shall be refunded, but provision shall be made for the payment of each instalment and accrued interest in the year in which it shall become due by the insertion of the proper sum in the annual levy for the year in question. Such bonds shall bear interest at a rate not exceeding six per centum per annum, and shall be negotiated for not less than their par value. They shall be sold on sealed proposals or at public auction upon notice. published in the official paper, if any, and also in any other newspaper actually printed in the village, and in such other newspapers as the board of trustees may determine, and posted in three public places in the village, at least ten days before the sale, to the person who will take them at the highest price. They shall be consecutively numbered from one to the highest number issued, and the clerk shall keep a record of the number of each bond or obligation, its date, amount, rate of interest, when and where payable, and the name of the purchaser thereof or the person to whom they are issued, or in whose name they may be registered. § 2. This act shall take effect immediately.

L. 1909,
ch. 64,
§ 116
amended.

CHAPTER 301

AN ACT to amend the village law, in relation to the collection of village taxes.
Became a law April 1, 1925, 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 one hundred and sixteen 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," is hereby amended to read as follows:

§ 116. Return of collector; payment of taxes to treasurer. The collector shall pay all taxes received by him, as soon as practicable after receipt thereof, to the treasurer, and, upon the expiration of the time fixed therefor, shall deliver the roll and warrant to the clerk and make and file with him a return, in accord

ance with the directions of the warrant, showing the total amount of tax paid and each tax unpaid, with the receipt of the village treasurer for all taxes paid to him. The clerk shall thereupon deliver to the treasurer a statement showing the unpaid taxes returned by the collector. All taxes so returned unpaid shall be increased five per centum, and, if remaining unpaid for thirty days after such return, shall bear interest at the rate of ten per centum per annum, from the time of their return as unpaid by the collector to the time of their subsequent payment; and such tax and increases may be paid to the treasurer at any time after such return and before a sale for such unpaid tax of any real property upon which the same may be assessed; but if paid after a notice of sale has been given as provided in this article, the expense of such notice shall be added to the amount of the tax. The provisions of this section, so far as practicable, apply to a village in which the taxes are collected by the treasurer or clerk.1 § 2. This act shall take effect immediately.

CHAPTER 302

AN ACT to amend the village law, in relation to the powers of the board of trustees in relation to the removal of fire hazards and health hazards. Became a law April 1, 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

64,

Section 1. Section eighty-nine of chapter sixty-four of the laws Subd. 34 of nineteen hundred and nine, entitled "An act relating to vil- L. 1909, lages, constituting chapter sixty-four of the consolidated laws," is ch § S9. hereby amended by adding a new subdivision, to be subdivision thirty-four, to read as follows:

34. Removal of fire hazards and health hazards. The board of trustees may enact any such further ordinances as may be deemed necessary to protect property or life from fire hazards or health hazards.

§ 2. This act shall take effect immediately.

CHAPTER 303

AN ACT to amend the village law, in relation to the establishment of sewer districts in certain villages.

Became a law April 1, 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

Section 1. Chapter sixty-four of the laws of nineteen hundred 260c and nine, entitled "An act relating to villages, constituting chap- L. 1909, 1 Words or clerk " new.

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ch. 64.

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