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Moneys,

how paid.

L. 1927, ch. 82,

§ 1 amended.

the provisions of articles six and seven of the highway law, of such state and county highway routes located in the counties of Nassau and Erie and described and designated in section one hundred twenty and one hundred twenty-two and indicated on a map approved by chapter three hundred thirty of the laws of nineteen. hundred and twenty-five, as amended, as will, in the opinion of the superintendent of public works, best serve to relieve the traffic congestion from and to the cities of New York and Buffalo.

§ 2. The moneys hereby appropriated shall be paid out of the state treasury on the audit and warrant of the comptroller on vouchers therefor approved by the superintendent of public works.

§ 3. This act shall take effect immediately.

CHAPTER 79

AN ACT making appropriations for the department of agriculture and markets for the payment of claims arising from the slaughter of tuberculous bovine animals pursuant to the agriculture and markets law

Became a law February 17, 1928. 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 several amounts hereinafter named, or so much thereof as shall be sufficient to accomplish the purposes designated by the appropriations, are hereby appropriated from any moneys in the state treasury not otherwise appropriated, for the several purposes specified, such appropriations to be immediately available and to be paid out on the order of the commissioner of agriculture and markets as provided in the agriculture and markets law, namely: For the payment of indemnities on account of tuberculous bovine animals killed pursuant to condemnation or order made subsequent to January first, nineteen hundred and twentyeight, and prior to January first, nineteen hundred and twentynine, the sum of three million dollars ($3,000,000). § 2. This act shall take effect immediately.

CHAPTER 80

AN ACT to amend chapter eighty-two of the laws of nineteen hundred and twenty-seven, in relation to appropriations for the payment of claims arising from the destruction of tuberculous animals

Became a law February 17, 1928, 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 eighty-two of the laws of nineteen hundred and twenty-seven, entitled "An act making appropriations for the department of agriculture and markets for the

payment of claims arising from the slaughter of tuberculous bovine animals pursuant to the farms and markets law," is hereby amended to read as follows:

§ 1. The several amounts hereinafter named, or so much thereof as shall be sufficient to accomplish the purposes designated by the appropriations, are hereby appropriated from any moneys in the state treasury not otherwise appropriated, for the several purposes specified, such appropriations to be immediately available and to be paid out on the order of the commissioner of agriculture and markets as provided by law, namely:

For the payment of indemnities on account of tuberculous bovine animals killed pursuant to condemnation or order made subsequent to January first, nineteen hundred and twenty-seven, and prior to April first,' nineteen hundred and twenty-eight, the sum of three million, two hundred and fifty thousand dollars ($3,250,000).

§2. This act shall take effect immediately.

CHAPTER 81

AN ACT to amend the county law to conform to the state departments law, in relation to the power of boards of supervisors to require the county clerk to furnish certain information to the boards of assessors of the tax districts of the county

Became a law February 17, 1928, 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. 16.

§ 12.

Section 1. Subdivision forty-nine of section twelve of chapter L. 1909, sixteen of the laws of nineteen hundred and nine, entitled "An act in relation to counties, constituting chapter eleven of the subd. 49 consolidated laws," as added by chapter one hundred and sixty-six of the laws of nineteen hundred and twenty-six, is hereby amended to read as follows:

amended.

of trans

real

property.

49. The board of supervisors of any county shall have power Statements to require the recording officer of the county to furnish to the fers of assessors or assessing officers of the tax districts of the county statements showing all transfers of real property situated wholly or partly within the tax district in which such assessors or assessing officers are authorized, respectively, to make their assessments. Such statements shall be furnished by the recording officer on the first day of each month or on the first and fifteenth days of each month, in the discretion of the board of supervisors, upon forms prescribed by the department of taxation and finance, and shall contain such data relating to the transfers as such department' may specify.

§2. This act shall take effect immediately.

1 Formerly read: "January first."

Words "department of taxation and finance" substituted for words "state tay commission."

Words "such department" substituted for words "said commission."

L. 1910, ch. 564, $ 2 amended.

CHAPTER 82

AN ACT to amend chapter five hundred and sixty-four of the laws of nineteen hundred and ten, entitled "An act to provide for county roads in certain counties adjoining cities of the first class," in relation to construction and maintenance of county roads

Became a law February 17, 1928, 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 two of chapter five hundred and sixty-four of the laws of nineteen hundred and ten, entitled "An act to provide for county roads in certain counties adjoining cities of the first class," as last amended by chapter three hundred and eightyfour of the laws of nineteen hundred and twenty-six,' is hereby amended to read as follows:

§ 2. Construction and maintenance of county roads. County roads as defined in subdivision three of section three of the highway law and as laid out or designated pursuant to this act shall be exclusively under the jurisdiction of the board of supervisors, and exempt from the jurisdiction of the highway officers of the several towns, villages and cities in which said county roads are located, except that boards of trustees of villages through which such county roads pass shall have jurisdiction to compel the construction, repair and maintenance of sidewalks on such county roads in accordance with the provisions of the village law and shall have authority and jurisdiction to police such roads, to adopt traffic ordinances regulating the traffic thereon and to regulate the placing of signs or banners thereon or across the same and to exercise such other police powers in reference thereto as are now exercised by said village board in accordance with law over any village street. The expenses of constructing and maintaining and improving the county roads of such county shall be a county charge. The board of supervisors shall, upon the receipt of the county superintendent's report as provided for by subdivision two-a of section thirty-three of the highway law, or of any supplemental report of the county superintendent made at any time showing that it is necessary to raise funds for the construction, improvement and maintenance of such county roads, stating the amount by towns and as a total and the location where any permanent repairs are required to be made, consider the estimate in such report. may by a majority vote of the members thereof approve such estimate or increase or reduce the amount of any of the estimates contained therein. The statement as thus approved, increased or reduced shall be signed in duplicate by a majority of the members of the board, one copy of which shall be filed in the office of the county clerk and the other delivered to the county treasurer. The clerk

It

1 Previously amended by L. 1918, ch. 295; L. 1921, ch. 400; L. 1922. ch. 611; L. 1924, ch. 431.

P.

of the board of supervisors shall make and transmit a copy of such
statement to the department of public works and to the county
superintendent. The board of supervisors shall cause the
amounts therein to be raised by the issuance of county bonds
therefor or of certificates of indebtedness, notes or other
evidence of indebtedness, and if such certificate of indebted-
ness, notes or other evidence of indebtedness are issued, shall cause
the amount thereof to be assessed, levied and collected in the same
manner as other county charges in the year next succeeding the
issuance thereof, or shall cause such amounts to be assessed, levied
and collected in such county in the same manner as other county
charges, and such amounts shall be expended only for the purpose
specified in such statement. The warrant for the collection of such
taxes in such counties shall direct the payment of the moneys so
collected to the county treasurer to be held by him and paid out for
the purpose or purposes specified in such statement, as provided in
subdivision two-a of section thirty-three of the highway law. The
construction and maintenance of such county roads shall be under
the supervision of the board of supervisors. In any such county
having a population of not less than one hundred thousand nor
more than one hundred and fifty thousand, and adjoining a city of
more than one million inhabitants, whenever the estimated cost
of the construction of any such county road is the sum of fifteen
hundred dollars or more, the same shall be constructed by con-
tract, awarded in the manner provided in section one hundred and
thirty of the highway law for the construction of the state and
County highways.

2. This act shall take effect immediately.

CHAPTER 83

AN ACT to amend the civil practice act, in relation to actions for the
annulment of the marriage where one of the parties is a lunatic

Became a law February 17, 1928, with the approval of the Governor. Passed,
three-fifths being present

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

amended.

Section 1. Section eleven hundred and thirty-seven of the civil 1137 practice act is hereby amended to read as follows:

§ 1137. Action to annul marriage where party was a lunatic. An action to annul a marriage on the ground that one of the parties thereto was a lunatic may be maintained at any time during the continuance of the lunacy, or, after the death of the lunatic in that condition, and during the life of the other party to the

Words "department of public works" substituted for words "state highway commission."

Words "of the highway law" new.

"Words "more than one million inhabitants" substituted for words "the first class."

L. 1926, cb. 231,

36 amended.

§ 67, opening paragraph

amended.

marriage, by any relative of the lunatic who has an interest to avoid the marriage. Such an action may also be maintained by the lunatic at any time after restoration to a sound mind; but in that case, the marriage should not be annulled if it appears that the parties freely cohabited as husband and wife after the lunatic. was restored to a sound mind. 'Where one of the parties to a marriage was a lunatic at the time of the marriage, an action may also be maintained by the other party at any time during the continuance of the lunacy, provided the plaintiff did not know of the lunacy at the time of the marriage.

§ 2. This act shall take effect immediately.

CHAPTER 84

AN ACT to amend the co-operative corporations law to conform to the state departments law, generally

Became a law February 17, 1928, 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 thirty-six of chapter two hundred and thirtyone of the laws of nineteen hundred and twenty-six, entitled "An act relating to co-operative corporations, constituting chapter seventy-seven of the consolidated laws," is hereby amended to read as follows:

§ 36. Contracts and agreements. Any such corporation may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, contracts and arrangements with any other co-operative corporation, association or associations for the co-operative and more economical carrying on of its business or any part or parts thereof; or any two or more co-operative corporations may upon resolutions adopted. by their respective boards of directors for the purpose of more economically carrying on their respective businesses, by agreement between them unite in employing and using, or several such corporations may separately employ and use, the same methods, means and agencies, which agencies may be another co-operative corporation or corporations, for carrying on and conducting their respective businesses. Copies of such contracts between corporations as authorized by this section shall be filed with the department of agriculture and markets within ten days after the execution thereof.

§ 2. The opening paragraph of section sixty-seven of such chapter is hereby amended to read as follows:

§ 67. First meeting; adoption of by-laws. after incorporation a call, signed by not less

1 Remainder of section new.

1 Word "agriculture" substituted for word "farms."

Within thirty days than a majority of

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