Bond issues for certain purposes. Special election. "An act to consolidate and revise the several acts, relative to the city of Olean," is hereby amended to read as follows: § 106. To provide for the cost of construction of firehouses, including the cost of suitable lands therefor; to provide for the construction of bridges; to provide for the paving and re-surfacing of streets; and to provide for the construction of a new city hall, which may include a courtroom; and to provide for the construction of conduits, the common council shall have the power to issue bonds of the city of Olean which shall be signed by the mayor and city clerk under the seal of the city, payable not more than twenty years from the date of issue, and bearing interest not to exceed six per centum per annum. Provided no such bonds shall be issued until the question of whether such issue shall be made shall first have been submitted at a special election to a vote of the voters qualified to vote on propositions to raise money by tax as provided by section one hundred and eight of this act. At or before the time of ordering such a special election, the common council shall cause to be published in the official newspaper of the city at least once a week for two successive weeks, a statement showing the amount of bonds proposed to be issued, the time of payment, the rate of interest and the purpose for which the same are to be issued. Such special election shall be conducted, notice shall be given and the qualifications of the voters thereat shall be the same as provided by sections one hundred and eight and one hundred and nine of this act. The determination of such election shall be canvassed by the common council at a meeting to be held on the day next succeeding such election, and the result thereof declared according to the returns made on such election. If the proposition to issue such bonds shall be approved by a majority of the qualified voters voting at such election the common council may then authorize the mayor and clerk under the seal of the city, to issue bonds in pursuance of, and in conformity to and of the amount specified by the statement required to be published Bond issue prior to such election as aforesaid. When so duly authorized the mayor and city clerk shall issue such bonds according to such published statement, and may sell the same at or not less than par and accrued interest, after due advertisement for bids therefor as provided by this act. The proceeds of said bonds shall be deposited with the city treasurer, and shall be disbursed by the treasurer only upon order of the common council, or department or board of the city having charge of the expenditures thereof, as proposed in the public statement above required, and shall be exclusively devoted to the purpose specified in such statement and to no other purpose. All bonds so issued shall recite on their face that they are issued in conformity to and in pursuance of this act, and that their issue has been duly approved at a special election held as required by this act, and such recital shall be conclusive evidence in all courts and places of the validity of such bonds. At the option of the common council said bonds or any of them may be used, at not less than par and accrued interest, in pay1 Words " ; to provide for the paving and re-surfacing of streets," new. and sale. Application of proceeds. Recital of this act. Use in payment of indebted ness. ment and ment of any indebtedness incurred for any purpose specified in such statement. Whenever any bonds of the city shall be issued Advertisepursuant to the provisions of this section, the same shall not be sold sale. unless and until bids therefor have been advertised in the official newspaper of the city at least once a week for two successive weeks and in such other newspaper published in the city of Olean or elsewhere as the common council may designate, daily for at least five days prior to the day of such sale. Such bonds shall be sold to the highest bidder, but the city shall reserve the right to reject any and all bids. § 2. This act shall take effect immediately. CHAPTER 272 AN ACT to amend chapter three hundred and six of the laws of eighteen hundred and forty-nine, entitled "An act to authorize the election of local officers to discharge the duties of county judge and surrogate in the counties of Orange, Chautauqua, Cayuga and Saint Lawrence, Tioga, Oneida, Jefferson and Oswego," in relation to the compensation of the special county judge of Oneida 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: L. 1849, Section 1. Chapter three hundred and six of the laws of eighteen § 5 hundred and forty-nine, entitled "An act to authorize the election added to of local officers to discharge the duties of county judge and surro- ch. 306. gate in the counties of Orange, Chautauqua, Cayuga and Saint Lawrence, Tioga, Oneida, Jefferson and Oswego," is hereby amended by adding thereto, a new section, to be section five, to read as follows: special judge of § 5. Beginning May first, nineteen hundred and twenty-six, the salary of local officer in the county of Oneida, designated as special county county judge, pursuant to the provisions of section two of this act, shall judge as receive from such county a salary at the rate of four thousand children's dollars per annum, so long as such officer performs the duties of court. judge of the children's court, in lieu of compensation under section three of this act or the children's court act. § 2. This act shall take effect immediately. L. 1924, ch. 574, § 1 amended. CHAPTER 273 AN ACT to amend chapter five hundred and seventy-four of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the creation of park districts and the appointment of park commissioners in towns within certain counties adjoining cities of the first class having a population of one million and upwards, and to define the powers and duties of such park commissioners," in relation to establishing park districts by certain town boards. 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 one of chapter five hundred and seventy-four of the laws of nineteen hundred and twenty-four entitled “An act to authorize the creation of park districts and the appointment of park commissioners in towns within certain counties adjoining cities of the first class having a population of one million and upwards, and to define the powers and duties of such park commissioners," is hereby amended to read as follows: § 1. Town boards may establish park districts, petition. The town board of any town having an assessed valuation of fifteen million dollars or more in a county having a population of more than three hundred and fifty thousand, according to the last federal or state census, or enumeration, adjoining a city of the first class having a population of one million and upwards, may, on the petition, filed in the office of the town clerk, of the owners of real property in a proposed district, representing more than one-half in assessed value of the taxable real property therein, as appears by the last preceding completed assessment-roll, create and establish a park district outside an incorporated village, city, or other park district established pursuant to the provisions of this article. The petition must describe the proposed district, and substantially define the boundaries of the property proposed to be acquired for park purposes, and state the maximum amount proposed to be expended in the acquisition and development of such property. Each petitioner shall state opposite his name the assessed valuation of the real property owned by him in such district according to the last preceding completed assessment-roll. At any time after the town board has made an order establishing such district or extension, the maximum amount proposed to be expended in the acquisition, construction and improvement of said park or extension may be increased by a like petition of owners of real property in said district or extension, representing more than one-half in assessed value of the taxable real property therein, as appears by the last preceding completed assessmentroll, setting forth the additional amount proposed to be expended in excess of the maximum amount set forth in the petition upon which said district or extension was established, which petition shall be filed in the office of the town clerk. Every petition made 1 Formerly "twenty-five million dollars." as provided in this section shall contain a statement conspicuously printed thereon as follows: The cost of acquisition, construction and maintenance of such park district or extension, as the case may be, shall be assessed from year to year, by the park commissioners to be appointed, upon the lands within the park district or extension. § 2. This act shall take effect immediately. CHAPTER 274 AN ACT to amend chapter two hundred and thirty-one of the laws of eighteen hundred and seventy-two, entitled "An act to provide for supplying the village of Peekskill with water, and authorizing the issue of bonds therefor, and to create a board of water commissioners," and acts amendatory thereof, in relation to the appointment of water commissioners. 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: ch. 231, Section 1. Section one of chapter two hundred and thirty-one L. 1872, of the laws of eighteen hundred and seventy-two, entitled 8 1 "An act to provide for supplying the village of Peekskill with amended. water, and authorizing the issue of bonds therefor, and to create a board of water commissioners," is hereby amended to read as follows:1 sioners. § 1. The following named five persons, to wit: Coffin S. Water Brown, Wm. S. Tompkins, D. W. Travis, Charles F. Southard commisand Gilbert T. Sutton, are hereby designated and entitled the board of water commissioners of the village of Peekskill. Said Declared commissioners and their successors are hereby declared a body corporate. corporate by that name. body terminated 1925. pointment, qualifica 'The board of water commissioners as constituted on the fif- Present teenth day of March, nineteen hundred and twenty-five, shall board continue in office until twelve o'clock midnight on the thirty-first Dec. 31, day of December, nineteen hundred and twenty-five, at which time their terms of office shall terminate. On or before such Succesdate the board of trustees of the village of Peekskill shall appoint sors; apa board of water commissioners for such village, consisting of terms, five members whose terms of office shall be one, two, three, four tions, and five years respectively, from January first, nineteen hun- vacancies. dred and twenty-six. Upon the expiration of the term of office of each commissioner so appointed the board of trustees shall appoint his successor whose term of office shall be five years. Such commissioners shall be residents and taxpayers of the village of Peekskill. If any vacancy shall occur in the office of commissioner, by death, resignation, removal from said village or other cause, the same shall be filled by appointment by the trustees of said village, and the person or persons so appointed shall hold said. office for the unexpired balance of such term. § 2. This act shall take effect immediately. 1 Section materially amended. L. 1909, ch. 88, § 2211 amended. § 2215 amended. L. 1909, amended. CHAPTER 275 AN ACT to amend the penal law, in relation to sepulture. 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 Serate and Assembly, do enact as follows: Section 1. Section two thousand two hundred and eleven of chapter eighty-eight of the laws of nineteen hundred and nine, entitled, "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws," is hereby amended to read as follows: § 2211. Duty of burial of the dead. Except in the cases in which a right to dissect it is expressly conferred by law, every dead body of a human being, lying within this state, must be decently buried or incinerated1 within a reasonable time after death. § 2. Section two thousand two hundred and fifteen of such chapter is hereby amended to read as follows: § 2215. After dissection, remains must be buried or incinerated.1 In all cases in which a dissection has been made, the provisions of this article, requiring the burial or incineration of a dead body, and punishing interference with or injuries to it, apply equally to the remains of the body dissected, as soon as the lawful purposes of such dissection have been accomplished. § 3. This act shall take effect immediately. CHAPTER 276 AN ACT to amend the penal law and the code of criminal procedure in relation to suspensions of execution of judgment of conviction. 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 twenty-one hundred and eighty-eight1 of the penal law, is hereby amended to read as follows: § 2188. Duty of court to sentence; suspending sentence; suspending execution of judgment; probation. The several sections of this chapter which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court or magistrate authorized to pass sentence to determine and impose the punishment prescribed; but a court or magistrate authorized to impose sentence upon conviction of any crime not punishable by death or life imprisonment, or in any case of juvenile delinquency, or in any other proceeding of a criminal nature, whether the defendant 1 Words or incinerated" new. 66 |