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of said village the moneys necessary to pay the principal of said bonds as the same shall become due. It shall also be the duty of said board of trustees in like manner to cause to be raised annually in each fiscal year a sum sufficient to pay all charges and expenses legally chargeable against the village of Port Chester, for the care, maintenance and operation of said parks in the manner and for the purposes for which the same are created as specified in this act.

§ 21. All acts and parts of acts in conflict herewith are hereby Inconsistrepealed. If any portion of this act shall be declared unconstitu-Partiate untional, the remainder shall stand, and the portion declared to obaliu unconstitutional shall be excluded.

§ 22. This act shall take effect immediately.

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CHAPTER 291
AN ACT to amend the public buildings law, in relation to room for United

Spanish war veterans.
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. Chapter forty-eight of the laws of nineteen hundred & 5a and nine, entitled “An act relating to public buildings, consti- 1. 1999 tuting chapter forty-four of the consolidated laws,” is hereby ch. 48. amended by inserting therein a new section, to follow section five, to be section five-a, to read as follows:

§ 5-a. Room for United Spanish war veterans. There shall be set aside, when available, and suitably furnished by the deputy superintendent of public works in charge of the bureau of buildings, suitable space in the capitol, for the use as quarters of the United Spanish war veterans, department of New York, in the transaction of its business and preservation of its records. Such quarters shall be under the charge of the commander of United Spanish war veterans, department of New York, and such officers who are members of such department as he or his successor may appoint.

§ 2. This act shall take effect immediately.

CHAPTER 292

AN ACT to authorize the town board of the town of Riverhead, Suffolk

county, to transfer certain moneys raised by tax for park purposes, to such

other fund as said board may determine.
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 town board of the town of Riverhead, Suffolk county, is hereby authorized to transfer the sum of five thousand

dollars, the total amount raised in the tax levy of said town of the year nineteen hundred and twenty-three, and collected by virtue of the tax warrant, dated November twenty-sixth, nineteen hundred and twenty-three, for town park purposes, to such fund or account as may be determined by said board, and to apply said moneys to the payment of lawful town charges against the fund to which the same is so transferred.

§ 2. This act shall take effect immediately.

CHAPTER 293
AN ACT to repeal subdivision eleven of section four hundred and eighty.

eight and section five hundred and fourteen of the charter of the city of

Rochester, relating to bastardy proceedings.1
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. Subdivision eleven of section four hundred and eighty-eight and section five hundred and fourteen of chapter seven hundred and fifty-five of the laws of nineteen hundred and seven, entitled “An act constituting the charter of the city of Rochester," as added by chapter four hundred and ninety-five of the laws of nineteen hundred and eighteen, are hereby repealed.?

L. 1907, ch. 755, $ 488, subd. 11, 8 514 repealed.

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2

CHAPTER 294

AN ACT to authorize the commissioners of the land office to sell or exchange

lands of the state at Spuyten Duyvil, New York, acquired from Isaac G. Johnson and Company.3

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

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

Section 1. Upon the adoption of a resolution by the canal board to the effect that such part of the lands located at Spuyten Duyvil, New York, acquired by the people of the state of New York by deed from Isaac G. Johnson and Company, dated March twentyeighth, nineteen hundred and twenty-three, and described in said deed as “Parcel number three" and "Parcel number four,” being northerly of the lands ceded by the canal board to the United States of America by resolution adopted November twentieth, nineteen hundred and twenty-four, are not required for canal or ter

1 Repealed in conformity with L. 1925, ch. 255, ante.

2“ Every law, unless a different time shall be prescribed therein, shall take effect on the twentieth day after it shall have become a law."— Legislative law (L. 1909, ch. 37), § 43.

3 See L. 1925, ch. 226, ante.

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minal purposes, the commissioners of the land office are authorized and empowered to sell such land at public or private sale, on such terms and conditions as they may deem proper, and to cause a patent therefor to be issued to the purchaser, or such land may be exchanged in whole or in part and on such terms and conditions as the said commissioners may deem proper, for other lands required for the proposed Harlem river improvement.

§ 2. This act shall take effect immediately.

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CHAPTER 295
AN ACT to amend the village law, in relation to persons eligible to appoint-

ment as street commissioner.
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 forty-three of chapter sixty-four of the L. 1909, laws of nineteen hundred and nine, entitled “An act relating to cha 64, villages, constituting chapter sixty-four of the consolidated laws,'' amended. as amended by chapter three hundred and twenty-three of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 43. List of village officers; mode of choosing; official years; terms of office. Every village shall have a president. not less than two trustees, a treasurer, a clerk and a street commissioner. Except as herein provided, every village shall also have a collector, but a village of the first class may, upon the adoption of a proposition therefor at a special election and a village of the second class may, upon the adoption of a proposition therefor at an annual or special election, determine that no collector shall thereafter be elected therein. A village of the first or second class may also have a deputy clerk, and any village may have a village engineer.

There shall be a board of health in each village, consisting of the board of trustees of such village. The president, trustees, treasurer, collector, police justice and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village election. All other village officers shall be appointed by the board of trustees, except as otherwise provided herein.

In all villages the offices of clerk and street commissioner may be elective, upon the adoption of a proposition therefor at a village election, and after the adoption of such a proposition, a proposition may be submitted for the appointment of such officers, at any subsequent village election. After a proposition has been adopted changing the method of filling such offices, another proposition changing such method shall not be submitted until after a period of two years from the adoption of such prior proposition.

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1 The town superintendent of highways, residing within or without the village, may be appointed to the office of street commissioner of the village, in any village where the latter office is appointive, and may hold both offices.

An“official year” begins at noon on the first Monday after the third Tuesday of March, and ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Monday after the annual election. A full term of the police justice begins on the first day of January succeeding the annual election at which he was elected. After the first election in a village subject to the provisions of this chapter one-half of the trustees shall be elected each year for a full term.

§ 2. This act shall take effect immediately.

CHAPTER 296

L. 1909, ch. 64, 8 329d amended.

AN ACT to amend the village law, in relation to the planting, care and

preservation of shade trees and shrubs upon highways and public places,

and the appointment of a shade tree commission 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:

Section 1. Section three hundred and twenty-nine-d of article fourteen-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 fiftytwo of the laws of nineteen hundred and nineteen, is hereby amended to read as follows:2

§ 329-d. Trees and shrubs and shade tree commission. In any such village the board of trustees may annually raise by taxation and appropriate and expend for planting, care and preservation of trees and shrubs in and upon the public highways and public places thereof a sum not exceeding twenty-five hundred dollars; and in any such village the board of trustees may regulate the planting, maintenance, protection and control of shade trees upon the public highways or public places of such village, and for that purpose shall have power to enact, amend and repeal an ordinance or ordinances, providing for the appointment of a shade tree commission (which may be the village planning commission) and for the planting, care, preservation, maintenance, protection and control of shade trees and shrubs upon the public highways or public places of such vil

1 Following paragraph new. 2 Section materially amended.

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.

. 64

$ 42

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: Section 1. Section forty-two of chapter Sixty-four of the laws L. 1909,

1 of nineteen hundred and nine, entitled "An act relating to villages, ch94,

, 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.

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1 Previously amended by L. 1913, ch. 53. 2 Remainder of section new.

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