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gation of this corporation, unless the same shall have been contracted with the approval of the said board of trustees.

ch. 319

89. Chapter three hundred and nineteen of the laws of eighteen L. 1873, hundred and seventy-three, entitled "An act to incorporate the repealed. Young Ladies' Christian Association of the city of New York," as amended by chapter three hundred and thirty-three of the laws of eighteen hundred and ninety-seven, two hundred and sixty-five of the laws of nineteen hundred and eleven, and by chapter two hundred and sixty-two of the laws of nineteen hundred and twentytwo, are hereby repealed.

§ 10. This act shall take effect immediately.

CHAPTER 66

AN ACT to revive and extend the corporate existence of Eastman Machine
Company and to legalize the acts of the directors as trustees

Became a law February 16, 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:

existence

valid cor

Section 1. The corporate existence of Eastman Machine Com- Corporate pany, incorporated pursuant to the business corporations law of revived; the state of New York under the name, "Eastman Electric Cloth declared Cutting Machine Company" by a certificate of incorporation, poration. nly filed and recorded in the office of the secretary of state on the twenty-fourth day of February, in the year one thousand eight hundred and ninety-nine, which corporate name was duly changed to "Eastman Machine Company" and an order of the supreme court authorizing such change of name was duly filed the office of the secretary of state on the eleventh day of September, in the year one thousand nine hundred and one, is tereby revived and the said Eastman Machine Company is hereby declared to be a valid corporation with the same force and effect as the same existed on the twenty-third day of February, in the year one thousand nine hundred and twenty-four, and prior to

expiration of the period for which said corporation was creacu; with all the powers, privileges, franchises and subject to the same duties, obligations and restrictions in respect to such powers under the laws of this state in force on or before the twenty-third day of February, in the year one thousand nine Endred and twenty-four, which were conferred and imposed in respect to said corporation, with the same force and effect as if the said corporate existence and organization had been extended, ording to law prior to the said twenty-third day of February, the year one thousand nine hundred and twenty-four and fore the expiration of the period of time for which said corporation was created; and the acts of the directors of said corpo- Acts of ration acting as trustees between the twenty-third day of Feb- directors ruary, in the year one thousand nine hundred and twenty-four

legalized,

Corporate existence

revived and extended

to be perpetual; deemed to have ex

and the time this act takes effect, are hereby legalized, ratified and confirmed.

§ 2. The corporate existence of the said Eastman Machine. Company is hereby revived and extended as of the twenty-third day of February, in the year one thousand nine hundred and twenty-four, to be perpetual and to be possessed and seized of all the property and be vested with all the rights and privileges had, isted with possessed, seized and enjoyed by the said Eastman Machine Com. pany at any time prior to the twenty-third day of February. in the year one thousand nine hundred and twenty-four, and such corporation shall be deemed to have existed for all purposes from the date last mentioned without any lapse, forfeiture or interruption of its corporate existence, and subject to the same liabilities and restrictions, provided by law.

out lapse.

Certificate

to be filed with secretary of state.

Certificate

to be filed with tax commission.

Pending

actions.

L. 1895, ch, 315,

The said corporation shall within thirty days after this act takes effect file in the office of the secretary of state a certificate under the signature of an officer thereof, setting forth:

1. The name of the corporation and the name under which it was originally incorporated.

2. The date on which its original certificate of incorporation was filed in the office of the secretary of state.

3. That its existence is revived and extended to be perpetual, pursuant to this act, and citing the same by chapter, number and year of passage. Such certificate shall be acknowledged by the officer executing the same in the manner required of a deed to be recorded within the state.

§ 3. Said corporation shall also file with such certificate a certificate or receipt of the state tax commission showing that all franchise taxes have been paid.

§ 4. Nothing in this act contained shall affect any action or proceeding pending at the time this act takes effect.

§ 5. This act shall take effect immediately.

CHAPTER 67

AN ACT to amend chapter three hundred and fifteen of the laws of eighteen hundred and ninety-five, entitled "An act to amend and consolidate the several acts relating to the village of Ilion," in relation to abolishing the office of collector and constituting the president of the board of light commissioners a street commissioner

Became a law February 16, 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. Subdivisions four and seven of section three and sec3, subds. tion forty-one of chapter three hundred and fifteen of the laws of eighteen hundred and ninety-five, entitled "An act to amend and consolidate the several acts relating to the village of Ilion,” are hereby amended to read as follows:

amended.

4. Five light commissioners who shall constitute the board of light commissioners of said village.1

7. Four street commissioners who shall constitute the board of street commissioners of said village.

§ 41. Street commissioners. The president of the village of Ilion, the president of the board of water commissioners, the president of the board of sewer commissioners and the president of the board of light commissioners of said village shall be exofficio street commissioners of said village, and they shall form and constitute the board of street commissioners, of which board the president of the village shall be ex-officio president, and they shall at their first meeting after the annual village election elect from their number a secretary of the said board. serve without compensation.

They shall

§ 2. Section twenty-five of such chapter is hereby repealed. 3. This act shall take effect immediately.

CHAPTER 68

AN ACT to legalize, ratify and confirm all of the acts and proceedings of the village of Rosendale, its qualified electors, board of trustees, officers and agents, in relation to the authorization and issuance of village bonds to defray the cost and expense of constructing concrete pavements on Main street in such village and to provide for the payment of the principal and interest of such bonds

Became a law February 16, 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:

$25 repealed.

legalized.

Section 1. All of the acts and proceedings of the village of Proceedings Rosendale, and of its board of trustees, officers, agents and qualified voters, in proposing and adopting at a village election held in such village on the fifteenth day of March, nineteen hundred and twenty-seven, of a proposition to raise upon the credit of such village not to exceed ten thousand dollars, by the issuance of bonds for the purpose of constructing concrete pavement on Main street in such village, such bonds to be issued in denominations of one thousand dollars each and fractions thereof and payable one thousand dollars and interest each and every year for the term of ten years or fractions thereof, and the acts and proceedings of the board of trustees of such village, pursuant to such proposition, in authorizing the issuance of the bonds of such village in the amount of nine thousand dollars payable in nine equal annual instalments on the first day of July in each and every year from nineteen hundred and twenty-eight to nineteen hundred and thirtyix, both inclusive, and the action of the officers of such village 1 Subd. 4 formerly read: "4. A collector." Formerly "Three."

Word "and" omitted.

Words "and the president of the board of light commissioners" new.

[blocks in formation]

L. 1909, ch. 63, § 134

repealed

numbered

in issuing and selling such bonds, are hereby legalized, ratified and confirmed, notwithstanding any defect, irregularity or want of lawful authority in any such acts or proceedings, and such bonds shall be valid and subsisting obligations of the village.

§ 2. The board of trustees of such village shall cause to be raised annually by tax such sum as may be necessary to provide for the payment of the principal and interest of such bonds as the same shall become due.

§ 3. This act shall not affect any action or proceeding now pending in any court.

§ 4. This act shall take effect immediately.

CHAPTER 69

AN ACT to amend the town law, in relation to the sale and conveyance of town property

Became a law February 16, 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 hundred and thirty-four of chapter sixtythree of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," as last amended by chapter two hundred and fiftyfour of the laws of nineteen hundred and fifteen, is hereby repealed.1

§ 149g re- § 2. Section one hundred and forty-nine-g of such chapter, as 134, and added by chapter seven hundred and one of the laws of nineteen hundred and twenty-seven, is hereby renumbered section one hundred and thirty-four, and amended to read as follows:

amended.

§ 134. Sale and conveyance of town property. Notwithstanding the provisions of section forty-three or any other provision of this chapter, the town board may direct the sale and conveyance by the supervisor in the name of the town of real property owned by it. Nothing herein contained, however, shall prevent the town board, in its discretion, from submitting to the electors at a town meeting a proposition for authorizing such a sale and conveyance. "This section shall not apply to towns in the counties of Nassau and Suffolk.

§ 3. This act shall take effect immediately.

1 Section 134 is again repealed and a new § 134 is added by L. 1928, ch. 190, post.

Following sentence new.

CHAPTER 70

AN ACT to amend the agriculture and markets law, in relation to the payment of indemnity to the owners of slaughtered 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:

eh. 48,

amended.

Section 1. Section eighty-eight of chapter forty-eight of the L. 1922, laws of nineteen hundred and twenty-two, as such chapter was byss the laws of nineteen hundred and twenty-seven, re-entitled "An act in relation to agriculture and markets, constituting chapter sixtynine of the consolidated laws," as last amended by chapter two hundred and fifteen of the laws of nineteen hundred and twentyseven, is hereby amended to read as follows:2

§ 88. Indemnity. The following provisions shall govern the payment of indemnity to owners of animals killed pursuant to the provisions of this article:

1. In the case of a bovine animal so killed to prevent the spread of tuberculosis, the owner shall be entitled to receive the net proceeds of the sale of the animal, and in addition thereto shall be paid indemnity equal to ninety per centum of the appraised value of the animal, but not exceeding the sum of one hundred and fifty dollars for a registered pure bred animal or for a pure bred animal two years of age or less, not registered but eligible for registry, for which application for registration has been duly made prior to the appraisal, and not exceeding the sum of ninety dollars for any other bovine animal. The total amount receivable by the owner from the net proceeds of the sale of the animal and indemnity from the federal government and indemnity from the state shall not exceed the appraised value of the animal.

2. No indemnity shall be paid to any person who shall have made any false representation, oral or written, in applying to the eommissioner for an examination of his herd of cattle, or who shall have violated any agreement with the state regarding such herd, entered into pursuant to section seventy-nine of this chapter or otherwise, or who shall have failed to obey any instructions or directions given him by the commissioner in respect to the control or eradication of any infectious or communicable diseases among his animals or who shall have failed to obey any provision of this article.

3. If upon post-mortem examination of an equine animal evidence of glanders be found, and such animal shall not have exhibited physical symptoms of such disease, indemnity equal to ninety per centum of the appraisal value, or so much thereof as shall not exceed the sum of one hundred and twenty-five dollars,

1 Section 88 as added by L. 1925, ch. 362.

Section materially amended.

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