5 prescribed by law, provided that the notice of such meeting shall state that one of the purposes thereof will be the approval of such contract, or at a meeting, called separately for that purpose upon a notice stating the time, place and object of the meeting, served at least thirty days previously upon each stockholder personally, or mailed to him at his post office address and also published at least once a week, for four weeks successively, in some newspaper printed in the city, town or county where such corporation has its principal office, and there shall be indorsed upon the contract the certificate of the secretaries of the respective corporations under the seals thereof, to the effect that the same has been approved by such votes of the stockholders, and the contract shall be executed in duplicate and filed in the offices where the certificates of incorporation of the contracting corporations are filed. The road of a corporation cannot be used under any such contract in a manner inconsistent with the provisions of law applicable to its use by the corporation owning the same at the time of the execution of the contract. Such contracts shall be executed by the corporations, parties thereto, and proved and acknowledged in such manner as to entitle the same to be recorded in the office of the clerk or register of each county through or into which the road so to be used shall run. If any contract so recorded shall be or has been terminated by the contracting corporations in pursuance of resolutions of their respective boards of directors prior to the time specified in such contract for the termination thereof, then the contracting corporations shall execute, acknowledge and procure to be recorded in each office where such contract is recorded a certificate to the effect that such contract has been terminated, stating the date of the termination thereof, and said certificates so recorded shall be presumptive evidence of the termination of such contract accordingly. Nothing in this section shall apply to any lease in existence prior to May first, eighteen hundred and ninety-one. § 2. This act shall take effect immediately. CHAPTER 563 AN ACT to authorize the town board of auditors of the town of Riverhead, Suffolk county, to audit a claim of the Long Island Railroad Company for certain labor and services performed and materials furnished; and to authorize the supervisor of said town to pay such claim as audited; and to authorize the town board to borrow sufficient money to make such payment. Became a law April 9, 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, The town board of auditors of the town of Riverhead, Suffolk county, is hereby authorized to audit an unpaid claim of the Long Island Railroad Company, in excess of the amount avail"" contract substituted for word "lease." 5 Word 66 L. 1909, ch. 52, § 306 amended. able for such purpose, for grading in excess of three thousand cubic yards in connection with the construction of the Port-Jefferson-Riverhead highway bridge G-seven hundred and fourteen, pursuant to a resolution of the town board of said town dated May twenty-seventh, nineteen hundred and twenty-one, and an order of the public service commission dated June first, nineteen hundred and twenty-one, if satisfied that the items of said claim for labor, materials and engineering charges were rendered and furnished for the benefit of said town, in an amount not exceeding the total sum of two thousand and eleven dollars and forty-five cents; and the supervisor of said town of Riverhead is hereby authorized to pay such claim, as audited, out of any moneys of the town available for such purpose, or if no money be so available, the town board of said town may borrow the necessary amount on the credit of the town, and the amount so borrowed shall be a town charge and included in the next annual tax levy. § 2. This act shall take effect immediately. CHAPTER 564 AN ACT to amend the real property law, in relation to certificate of acknowledgment or proof of a conveyance. 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 six 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: § 306. Certificate of acknowledgment or proof. A person' taking the acknowledgment or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence. Any conveyance which has heretofore been recorded, or which may hereafter be recorded, shall be deemed to have been duly acknowledged or proved and properly authenticated, when twenty years have elapsed since such recording; saving, however, the rights of every purchaser in good faith and for a valuable consideration deriving title from the same vendor or grantor, his heirs or devisees, to the same property or any portion thereof, whose conveyance shall have been duly recorded before the said period of twenty years, shall have elapsed or before September first, nineteen hundred and five. 1 Words "A person" substituted for words “An officer.” 2 Formerly "thirty years." § 2. This act shall not affect any action or proceeding pending Pending in any court at the time of the taking effect thereof. actions. § 3. This act shall take effect September first, nineteen hundred in effect and twenty-five. Sept. 1, 1925. CHAPTER 565 AN ACT to amend the real property law, in relation to the complaint in an action to compel the determination of a claim to real property, and corporations and the people of the state of New York as plaintiffs or defend ants in such action. 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: eb. 52, 512 amended, Section 1. Sections five hundred and one and five hundred and L. 1999, twelve of chapter fifty-two of the laws of nineteen hundred and $$ 501, nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," as added by chapter nine hundred and thirty of the laws of nineteen hundred and twenty, are hereby amended to read as follows: § 501. Complaint. The complaint in such an action must set forth facts showing: 1. The plaintiff's right to the real property; wheher his estate. therein is in fee, or for life, or for a term of years not less than ten; and whether he holds it as heir, devisee or purchaser, with the source from or means by which his title immediately accrued to him. 2. That the property, at the commencement of the action was, and, for the one year next preceding, has been in his possession, or in the possession of himself and those from whom he derives his title, either as sole tenant, or as joint tenant, or as tenant by the entirety, or as tenant in common with others. 3. That the defendant unjustly claims, or that it appears from the public records or from the allegations of the complaint, that the defendant might unjustly claim an estate or interest or easement therein, or a lien or incumbrance thereupon of the character specified in the last section; but where the people of the state of New York are made a party defendant, as provided in this article, the summons must be served upon the attorney-general who must appear in behalf of the people, and the complaint shall set forth detailed facts showing the particular nature of the estate, interest or easement in or the lien or incumbrance on the real property and the reason for making the people a party defendant, and upon failure to state such facts, the complaint shall be dismissed as to the people of the state of New York. The complaint must describe the property claimed with common certainty, by setting forth the name of the township or tract and L. 1909, ch. 52, $ 311. subd. 3 amended. Authenti cation of certificate where made in another state or Canada. the number of the lot, if there is any, or in some other appropriate manner, so that from the description possession of the property claimed may be delivered where the plaintiff is entitled thereto, and may contain an allegation that no personal claim is made against any defendant other than a defendant who shall assert a claim adverse to the claim of the plaintiff set forth in the complaint. The demand for judgment may be to the effect that the defendant and every person claiming under him be barred from all claim to an estate in the property described in the complaint, or from all claim to an interest or easement therein, or a lien or incumbrance thereupon, of the character specified in the last section, or it may combine two or more of said demands with other demand for appropriate relief. § 512. This article applies to corporations and to the people of the state of New York. An action may be maintained, as prescribed in this article, by or against a corporation, or by or against an unincorporated association, as if it was a natural person, or such an action may be maintained by or against the receiver or other successor of any such corporation or association, or by or against the people of the state of New York, and the use of the masculine gender or of the term person in this article includes the people of the state of New York. § 2. This act shall take effect immediately. CHAPTER 566 AN ACT to amend the real property law, in relation to certificates of authentication of acknowledgments and proofs of deeds, mortgages, or other written instruments relating to real property. 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. Subdivision three of section three hundred and eleven 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 amended by chapter two hundred and two of the laws of nineteen hundred and twentytwo,1 is hereby amended to read as follows: 3. Where made by any person authorized by the laws of a state of the United States, or any province or territory of the Dominion of Canada, to take the acknowledgment or proof of deeds to be recorded therein, by the secretary of state of the state, the provincial secretary, deputy provincial secretary or assistant provincial secretary of the province, or commissioner of the territory of the Dominion of Canada, or by the clerk, register, recorder or prothonotary of a county, city or parish in which the certificate 3 Words "and to the people of the state of New York," new. 4 Remainder of sentence new. 1 Previously amended by L. 1913, ch. 209. purports to be made, or by the clerk of any court in or of such include Columbia. and The word county shall be deemed to apply to and include the County to District of Columbia for the purpose of this section. All certi- District of ficates authenticating such acknowledgments or proofs of deeds, Certain mortgages or other written instruments relating to real property certificates heretofore made by any of the officers above referred to are con- records firmed, and the record made in the office of the recording officer validated. of any county of this state before this act shall take effect of any deed, mortgage or other written instrument relating to real property otherwise authorized to be recorded therein, notwithstanding the failure to authenticate the certificate of acknowledgment or proof thereof where such acknowledgment or proof was made before an officer authorized to authenticate certificates of acknowledgment or proof of deeds, mortgages or other written instruments relating to real property, shall be in all respects as valid and effectual as though such certificate had been duly authenticated,' saving, however, the rights of purchasers in good faith and for a valuable consideration whose conveyance shall have been duly recorded before this act shall take effect; this act shall not affect any action or legal proceeding now pending. § 2. This act shall take effect immediately. CHAPTER 567 AN ACT to amend the real property law, in relation to validating the record 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, Pending actions. ch. 52, $332 Section 1. Section three hundred and thirty-two of chapter L. 1909, fifty-two of the laws of nineteen hundred and nine, entitled "An act relating to real property, constituting chapter fifty of the amended. consolidated laws," as amended by chapter three hundred and sixty-five of the laws of nineteen hundred and sixteen, is hereby amended to read as follows: § 332. The record of certain conveyances validated. The record made prior to January first, nineteen hundred twenty-five,1 in the county clerk's or register's office of any county in this state of any deed or mortgage or power of attorney or of 2 Remainder of sentence new. 3 Word "written" new. 4 Words" and the record made in the office. . . duly authenticated," new. 1 Formerly "nineteen hundred sixteen." |