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inbefore provided for the justice of the peace first hereinbefore mentioned; and such justice, thus designated to act in case of the absence and inability of both the police justice and the justice of the peace hereinbefore first designated, shall have all the powers of and be subject to all the rules and regulations concerning said police justice for the time he shall act. But no justice of the peace of the town of Lyons shall receive any fees, emoluments or pay from any source, for the performance of any duties or the issuing of any process of which the police justice by this act has jurisdiction; nor shall it be lawful for any justice of the peace of the town of Lyons to make any charge against said village of Lyons, or the town or county in which the same is situate, for services rendered in or respecting criminal cases, trials or examinations in such village, or where the subject matter thereof arose in said village, except as provided by this act, as hereinbefore stated, during the sickness, absence from the village or inability to act of the said police justice, or during a vacancy in said office.

2. This act shall take effect immediately.

CHAPTER 264

AN ACT to empower the board of estimate and apportionment of the city

of New York to accept the surrender and cancellation of the electric light franchise granted to the Flatbush Gas Company, December twenty-eig'ith, nineteen hundred and nine, and to release the interest of the city of New York in the structures erected under the terms thereof.

Became a law April 1, 1925, with the approval of the Governor. Passed

by a two-thirds vote on emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. The board of estimate and apportionment of the city of New York shall have power to, and may in its discretion, by contract executed by it or under its authority, accept the surrender and cancellation of the electric light franchise granted to the Flatbush Gas Company by contract dated December twenty-eighth, nineteen hundred and nine, for the maintenance and operation of conduits, conductors and appurtenances in Ocean parkway and other streets in the borough of Brooklyn, and release to said Flatbush Gas Company, its successors or assigns, the right or interest of the city of New York in and to the structures erected in the public streets and places under the terms thereof, upon such terms and for such consideration as to said board may seem just and equitable.

§ 2. This act shall take effect immediately,

1

CHAPTER 265
AN ACT to authorize the commissioners of the home of the city and town

of Newburgh to sell a house and lot now used as a children's home. 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. The commissioners of the home of the city and town Sale of Newburgh, Orange county, New York, a corporation created by authorized. chapter forty-four of the laws of eighteen hundred and fifty-three, entitled “An act for the better support of the poor of the town of Newburgh, in the county of Orange,” the name of which corporation was changed by chapter four hundred and sixty-seven of the laws of nineteen hundred and five to “commissioners of the home of the city and town of Newburgh,” are hereby authorized to sell at public auction on the premises, in the city of Newburgh, New York, certain lands and premises now used by said commissioners as a home for poor and indigent children, and which lands and premises were purchased by virtue of authority granted to said commissioners by chapter one hundred and fourteen of the laws of eighteen hundred and eighty-five.

§ 2. The said sale shall be advertised once a week for three to be weeks in a newspaper published in the city of Newburgh, New advertised. York, and the sale shall be made to the highest bidder.

§ 3. After making such sale, the president and secretary of bidder. said corporation are hereby authorized and empowered to execute, Execution acknowledge and affix the corporate seal to the necessary deed delivery of or deeds to vest in the purchaser or purchasers of said premises good and sufficient title thereto and deliver said deeds to the purchaser or purchasers of said premises upon such purchaser or purchasers complying with the terms of sale thereof.

§ 4. The proceeds of sale of said premises shall be kept separate Applicaand apart from the original funds of said corporation, and shall proceeds be invested by it in legal investments, and the income therefrom only shall be used for the proper support, care and maintenance of poor and indigent children, which support, care and maintenance is properly chargeable against the city and town of Newburgh.

§ 5. This act shall take effect immediately.

Sale to highest

deeds.

.

L. 1910,
ch. 559,
§ 122
amended,

CHAPTER 266
AN ACT to amend chapter five hundred and fifty-nine of the laws of nine-

teen hundred and ten, entitled "An act to provide a charter for the city

of New Rochelle," in relation to limitation of indebtedness. Became a law April 1, 1925, with the approval of the Governor. Passed

by a two-thirds vote on emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and twenty-two of chapter five hundred and fifty-nine of the laws of nineteen hundred and ten, entitled “An act to provide a charter for the city of New Rochelle," as amended' by chapter seventy-three of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

122. Limitation of indebtedness. No debt shall be contracted by the city if the amount thereof together with the then outstanding debts of the city would exceed a sum equal to eight per centum of the aggregate valuation of the real property within its bounds as assessed upon the last general assessment-roll. This section shall not be construed to prevent the issuing of tax certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year in which such tax certificates or revenue bonds are issued and payable out of such taxes, nor shall this section be construed to prevent the issuing of bonds to provide for the supply of water, which may be issued subject to the limitations imposed by the provisions of the general municipal law.

§ 2. This act shall take effect immediately.

CHAPTER 267
AN ACT to establish the Niagara frontier planning board and to authorize

local appropriations therefor.
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. There is hereby established “The Niagara Frontier Planning Board” to consist of thirteen members. The mayors of the cities of Buffalo, Lackawanna, Lockport, Niagara Falls, North Tonawanda and Tonawanda, three members of the board of supervisors of Niagara county and three members of the board of supervisors of Erie county shall be ex-officio members of such board. The three representatives from each board of supervisors shall be appointed annually by the chairman of the respective board

Board
established.
How con-
stituted.

1 Should read: “added.”
2 Formerly “seven per centum.”

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pensation,

of supervisors, subject to the approval of their respective boards. The thirteenth member shall be elected annually by the ex-officio members and shall serve until his successor is elected.. He shall Chairman. be chairman of the board.

§ 2. The county of Erie and the county of Niagara and all Expenditure cities, towns and villages in such counties, may in their discretion of public expend out of the public moneys, funds to defray the expenses of for exthe board and to further its purposes and may raise by taxation purposes. such funds so expended.

§ 3. The members of the board shall receive no salary or com- No compensation for their services as members of such board.

§ 4. (1) The board is hereby empowered to and shall study Regional the needs and conditions of regional and community planning in munity Erie and Niagara counties and prepare plans adapted to meet such planning. needs and conditions, and shall, through such agencies as it may designate, collect and distribute information relative to regional and community planning and zoning in Erie and Niagara counties, and the same is hereby declared to be a public purpose and all moneys expended for such purposes are declared to be for a municipal use.

(2) The board shall make a report to the bureau of housing and Report. regional planning' on or before January first of each year, together with its recomendation for such legislation as it deems appropriate.

§ 5. This act shall take effect immediately.

CHAPTER 268

AN ACT to authorize the holding of terms of the supreme court and terms

of the county court of the county of Niagara, in the city of Niagara Falls,
New York.

defined.

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. The term “city hall” as used in this act, shall mean City hall the building situate on the southeast corner of Main street and Cedar avenue in the city of Niagara Falls, county of Niagara, owned by the said city of Niagara Falls and commonly known and described in the said city of Niagara Falls as the “city hall."

§ 2. The “city hall” of the city of Niagara Falls, county of Designated Niagara, is hereby designated a place within said county at which terms of the county court may be held.

§ 3. Terms of the supreme court and terms of the county court in and for the county of Niagara, including terms at which issues terms of of fact are triable by jury, may be held at the city hall in the city and county of Niagara Falls in said county in addition to terms of the supreme herunterla

a place for terms of county court.

Additional

there.

1 See public buildings law (L. 1909, ch. 48), art. 2a, as added by L. 1923, ch. 694.

Appointment of terms and assignment of

supreme court.

Appointments and assignments for 1925 and 1926.

ment of terms of county court.

court and terms of the county court to be held at the court house in the city of Lockport in said county.

§ 4. The justices of the appellate division of the supreme court in the fourth judicial department or the justices of the supreme

court for the eighth judicial district, as provided by law, may apjustices of point special terms and trial terms of the supreme court to be held

at the city hall in the city of Niagara Falls in said county and assign justices to hold the same. Such appointments shall be filed and published in the manner provided by law.

§ 5. Upon this act taking effect, the justices of the supreme court for the eighth judicial district may appoint special terms and trial terms of the supreme court to be held at the city hall in the city of Niagara Falls in said county during the years nineteen hundred and twenty-five and nineteen hundred and twenty-six and may assign justices to hold the same. Such appointments shall be

filed and published in the manner provided by law. Appoint

§ 6. The county judge of Niagara county may appoint special terms and trial terms of county court to be held at the city hall in the city of Niagara Falls. Such appointments shall be filed and

published in the manner provided by law. Appoint- § 7. Upon this act taking effect, the county judge of Niagara

county may appoint special terms and trial terms of county court to be held at the city hall in the city of Niagara Falls in said county during the year nineteen hundred and twenty-five. Such appointments shall be filed and published in the manner provided by law.

§ 8. Notwithstanding any provision of this act, no civil action either legal or equitable shall be tried in the city of Niagara Falls

in which an attorney who maintains an office for the practice of in certain law at the city of Lockport or North Tonawanda is attorney of

record, for any party thereto, unless by written stipulation such attorney consents thereto, and no criminal action shall be tried in à court of record at the city of Niagara Falls unless a like stipulation is filed with the clerk of the court by the district attorney of

Niagara county. L. 1919, § 9. Chapter five hundred and forty-seven of the laws of nine

teen hundred and nineteen is hereby repealed.

§ 10. This act shall take effect immediately.

ments for 1925.

Trial at Niagara Falls by stipulation only

ch. 547 repealed.

CHAPTER 269
AN ACT to amend chapter two hundred and twenty-six of the laws of nine-

teen hundred and eighteen, entitled "An act to incorporate the Grand

Lodge of the Independent Order of Odd Fellows," generally.
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. Sections one and three of chapter two hundred and twenty-six of the laws of nineteen hundred and eighteen, entitled

L. 1918, ch. 226, %% 1, 8 amended

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