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dred and ten, with interest thereon at the rate of four and one-
half
per centum per annum, payable annually, on February first,
each year, at the office of the supervisor in the town of Massena,
New York, and to mature and become payable as follows: Bond
numbers one and two to mature and be due February first, nine-
teen hundred and eleven, and two bonds as consecutively numbered
to mature and be due on the first day of February in each year
thereafter, until the whole of such principal sum is fully paid,
with interest thereon as above specified, are hereby legalized, and
the supervisor of said town is hereby directed to consummate the
sale thereof by delivering said bonds to the purchaser to whom
the same were awarded on the said tenth day of January, nine-
teen hundred and eleven, or to the assignee or nominee of said.
purchaser, upon the receipt of the par value and premium offered
for said bonds, and said bonds when signed by the supervisor and
town clerk of said town and delivered to and paid for by said
purchaser, or delivered to and paid for by any other purchaser or
purchasers, as hereinafter provided, shall become and be valid
obligations of said town.

3. In case the party to whom said bonds were awarded shall resale. for any reason decline to consummate the purchase thereof as above provided, the said town board shall cause said bonds to be advertised and sold in the manner prescribed by law.

super

4. The supervisor of said town, before delivering any of said Boud of bonds, shall make and execute to the town clerk of such town in visor. behalf of and for the benefit of said town a good and sufficient bond or obligation in a penal sum twice the amount of said bonds so executed and delivered, conditioned for the faithful performance of his duties in the issuing of said bonds and the lawful application of the funds arising therefrom, and of the funds that may be raised by tax or otherwise for the payment of said bonds. and the interest thereon which may come into his hands. Said bond or obligation shall be approved by the town board of said town and filed in the office of the town clerk.

payment.

5. The board of supervisors of the county of Saint Lawrence Tax for shall assess and levy upon the taxable property of the said town of Massena a sufficient sum to pay the principal and interest of said bonds as the same shall respectively become due, and the same so assessed and levied shall be raised annually by tax at the time and in the manner that the town, county and state taxes are assessed, levied and collected in said town; and when so raised, said money shall be paid to the supervisor of said town who shall

Pending actions.

apply the same to the payment of the principal and interest of said bonds as the same shall respectively become due.

§ 6. This act shall take effect immediately, but shall not affect any action or proceeding pending in any court at the time it takes effect.

L. 1869, eh. 294,

§ 2, as amended

ch. 198,

L. 1884, ch. 15, L. 1888,

ch. 16, L. 1898,

Chap. 444.

AN ACT to amend chapter two hundred and ninety-four of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the fire department of the city of Binghamton," relative to the accumulation and disposition of the relief fund of said department, and increasing the number of trustees of said corporation.

Became a law June 26,

1911, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two of chapter two hundred and ninetyfour of the laws of eighteen hundred and sixty-nine, entitled “An by L. 1879, act to incorporate the fire department of the city of Binghamton," as amended by chapter one hundred and ninety-eight, laws of eighteen hundred and seventy-nine, chapter fifteen, laws of eighteen hundred and eighty-four, chapter sixteen, laws of eighteen hundred and eighty-eight, chapter six hundred and fiftynine, laws of eighteen hundred and ninety-eight, chapter two hundred and fifty, laws of eighteen hundred and ninety-nine, chapter two hundred and twenty, laws of nineteen hundred, and by chapter one hundred and sixty-seven, laws of nineteen hundred and nine, is hereby amended to read as follows:

ch. 659,
L. 1899,

ch. 250,
L. 1900,
ch. 220,
and
L. 1909,

ch. 167,
amended.

General business and objects of согрогаtion.

2. The general business and objects of said corporation shall be to 'receive the tax required to be paid by agents of foreign fire insurance companies transacting business in said city, by section one hundred and thirty-three of chapter thirty-three, laws of nineteen hundred and nine,2 or any similar provision of law, and out of the tax so received and within ten days after the receipt of the same, to pay to the treasurer of the Firemen's Association of

1 Words "accumulate a fund" omitted. Remainder of sentence new.
2 Insurance law.

the State of New York, ten per centum of the amount so received by it, for the support and maintenance of the Volunteer Firemen's Home at Hudson, New York; and within the same time to pay to the treasurer of Binghamton Firemen's Benevolent Association, of Binghamton, New York, four-ninths of the balance of said tax, and which amount so to be paid, shall, as each of the five remaining companies of the volunteer fire department of said city shall be retired from the fire service of said city, be increased by the addition thereto of one-ninth of said balance. On or before the first day of April in each year said corporation shall deliver to the treasurer of the Firemen's Association of the State of New York a statement showing the name of each person or corporation from whom any such tax shall have been received and the amount paid by each, which statement shall be verified by the officer making the same to the effect that the same is correct and true and that such statement correctly shows the amount of such tax received by such corporation, and shall at the same time deliver to the treasurer of the Binghamton Firemen's Benevolent Association, of Binghamton, New York, a similar statement verified in like man

ner.

Relief

fund.

The remaining portion of said tax, after the payments hereinbefore provided, shall be, so long as there shall remain any volunteer fire companies attached to the Binghamton fire department, retained by said corporation and be used to add to the fund heretofore accumulated by said corporation and with such accumulated fund be held, used and employed by said corporation for the relief of members of said fire department, disabled while actually doing duty as firemen, and of such persons as shall have become entitled to and have received their certificates of exemption as firemen, and of the families of deceased members of said. fire department and deceased exempt firemen, which fund shall be appropriated and used in no other manner, except that said cor- Burial poration may purchase a firemen's burial lot in Spring Forest lot. cemetery in said city, and erect thereon a suitable monument in memory of deceased firemen, and erect or cause to be erected a suitable coping or inclosure around said lot, and expend such sum3 as may be necessary to take suitable care of said lot, monument and inclosure; and may also endow a bed in the city hospital for the benefit of firemen who may be disabled while doing duty as bed in firemen, or of deserving members who may be in need of hospital

Following sentence new. 4 Sentence to here new. Word "annually" omitted.

Endowment of

hospital.

Various expenses

may be

paid.

Disposi

tion of fund on retire

ment of volunteer

fire companies.

§ 3, as amended

ch. 403,

L. 1899,

treatment; and may also employ and pay a physician for any of the aforesaid persons; and may also pay the expense of bonding its treasurer and clerk in some surety company; and may also appropriate and use a sum not exceeding two hundred dollars in each year for the purpose of paying or contributing toward the payment of the usual and ordinary expenses of the annual parade of said fire department; and may also appropriate and use a sum not exceeding one hundred and fifty dollars in each year for defraying the expenses of a proper observance of the firemen's memorial day services to be held on the second Sunday in June of each year; and may also pay the incidental expenses of conducting its business hereunder. When all of the remaining volunteer fire companies attached to the Binghamton fire department shall have been retired from duty in said department, the accumulated fund then in the hands of this corporation, together with all securities relating thereto, shall be paid over and transferred to the Exempt Firemen's Association of Binghamton, New York, for the use of its benefit fund, and to be used for no other purpose than the relief of deserving exempt firemen, who obtained their right to exemption by service in the Binghamton fire department, and their families.

§ 2. Section three of said act as amended by chapter four hunby L. 1889, dred and three, laws of eighteen hundred and eighty-nine, chapter two hundred and fifty, laws of eighteen hundred and ninety-nine, and chapter six hundred and thirty-six, laws of nineteen hundred and seven, is hereby amended to read as follows:

ch. 250, and

L. 1907, ch. 636, amended. Board of trustees.

§ 3. The chief engineer and the assistant engineers appointed in the manner prescribed by the charter of said city, a treasurer and clerk to be elected as hereinafter prescribed, the foremen of the several volunteer companies belonging to said fire department and the president, vice-president and financial secretary of the Exempt Firemen's Association of said city, shall be, while acting as such officers, ex-officio, and without any further omcers of election, the trustees of said corporation. Said board of trustees shall upon the first Tuesday of October, eighteen hundred and eighty-nine, and upon the first Tuesday of October every fourth year thereafter meet at such hour and place as said board may by resolution designate and, in such manner as their by-laws may prescribe, elect from the volunteer fire department or the Exempt

board.

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Firemen's Association of said city a treasurer and clerk whose term of office shall continue for four years, and until their successors shall be elected and shall have given the security hereinafter provided. The chief engineer shall be president of the board of trustees and the assistant engineers shall be vicepresidents thereof. In their absence the board shall designate some one of their number to serve as president pro tem.10 The said treasurer and clerk shall be the treasurer and clerk of the fire department as incorporated by this act, and said clerk shall be clerk of the said board. A majority of the trustees Quorum. shall constitute a quorum for the for the transaction of business, but the affirmative vote of at least two-thirds of all the members composing the board shall be requisite in making an order for payment, or authorizing the investment of any moneys, or the sale or transfer of any stock, securities or property belonging to said corporation. The treasurer and clerk shall, re- Bond of spectively, give such security for their fidelity and good conduct and clerk. as the board of trustees may from time to time require, with good and sufficient sureties who shall justify in an amount at least equal to the penalty of said bond, and to be approved by the board of trustees. The said trustees, as such, shall not directly or in- Compendirectly receive any pay or emolument for their services, except officers. that the treasurer and clerk may receive such annual salary as the by laws may prescribe.

3. This act shall take effect immediately.

Chap. 445.

AN ACT to amend chapter seven hundred and fifty-two of the laws of nineteen hundred and seven, entitled "An act to revise the charter of the city of North Tonawanda," generally.

Became a law June 26, 1911, with the approval of the Governor. Passed, three-fifths being present.

The People of the

Accepted by the City.

State of New York, represented in Senate

and Assembly, do enact as follows:

treasurer

sation of

1907,

ch. 752,

Section 1. Section one of title eleven of chapter seven hundred L and fifty-two of the laws of nineteen hundred and seven, entitled tit. 11, § 1

9 Words "or the Exempt Firemen's Association," new. 10 Words "pro tem' new.

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amended.

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