Purchase authorized. Chap. 247. AN ACT to authorize the county of Westchester to purchase Washington headquarters property within said county, and to provide for the management thereof. Became a law April 23, 1917, 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 board of supervisors of Westchester county is hereby authorized and empowered to purchase the Washington headquarters property situate in the town of North Castle, in Description said county, known as lots numbers two hundred eighty-eight, two hundred eighty-nine, two hundred ninety, two hundred ninety-one and two hundred ninety-two, as shown and designated on map number two of Washington headquarters, town of North Castle, Westchester county, New York, at a price not to exceed five thousand dollars. Price. Control. Rules and regulations 826 amended. § 2. The property when so purchased shall be governed, controlled and managed by the board of supervisors, subject, however, to such rules and regulations as such board of supervisors may from time to time adopt. 3. This act shall take effect immediately. Chap. 248. AN ACT to amend the code of civil procedure, in relation to publication of notices and other proceedings. Became a law April 23, 1917, 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 eight hundred and twenty-six of the code of civil procedure is hereby amended to read as follows: § 826. Publication, where no newspaper, et cetera, in county or city.1 1.2 Where a notice, or other proceeding, is required by law to be published in a newspaper published in a county, and 1 Words "or city" new. 2 Section divided into subds. 1 and 2. no newspaper is published therein, or to be published oftener than any newspaper is regularly published therein, the publication may be made in a newspaper of an adjoining county, except where special provision is otherwise made by law. 2.3 Where a notice or other proceeding is required by law to be published in a newspaper in a county which contains a city having no newspaper, or to be published in a newspaper in such city, the publication, if so required to be made in the county, may be made either in the county or in a city, outside the county, adjoining such city in which no newspaper is published; or, if so required. to be made in the city in which no newspaper is published, the publication may be made in such adjoining city of another county. § 2. Section sixteen hundred and seventy-eight of the code of $1678 civil procedure, is hereby amended to read as follows: § 1678. Sale; notice of; how conducted. A sale made in pursuance of any provision of this title, must be at public auction to the highest bidder. Notice of such sale must be given by the officer making it, as prescribed in section fourteen hundred and thirty-four of this act for the sale by the sheriff of real property, by virtue of an execution, unless the property is situated wholly or partly in a city, or in an incorporated village of the first class in which a daily, semi-weekly or tri-weekly newspaper is published, and, in that case, by publishing notice of the sale in such a daily, semi-weekly or tri-weekly paper, at least twice in cach week for three successive weeks, or in a weekly paper published in a city or in such incorporated village of the first class, once in each of the six weeks, immediately preceding the sale, or in the counties of New York and Kings in two such daily papers, which, if the property be located in the county of New York, shall be designated for that purpose by and in the judgment directing such sale. "If the property be situated in a city in which no newspaper is published, and there be an adjoining city, in another county, in which a newspaper is published, such notice shall be published either twice a week for three successive weeks immediately preceding the sale in a daily, semi-weekly or triweekly newspaper of the latter city or once a week for six successive weeks immediately preceding the sale in a weekly newspaper of such city. If the officer appointed to make such sale does not appear at the time and place where such sale has been Following subdivision new. amended. In effect Sept. 1, 1917. advertised to take place, then in that case the attorney for the plaintiff may postpone or adjourn such sale, not to exceed four weeks, during which time such attorney may make application to the court to have another person appointed to make such sale. Notice of the postponement of the sale must be published in the paper or papers wherein the notice of sale was published. The terms of the sale must be made known at the sale, and if the property, or any part thereof, is to be sold subject to the right of dower, charge or lien, that fact must be declared at the time of the sale. If the property consists of two or more distinct buildings, farms or lots they shall be sold separately, unless otherwise ordered by the court; and provided, further, that where two or more buildings are situated in the same city lot, they be sold together. § 3. This act shall take effect September first, nineteen hundred and seventeen. Proceedings relative to for addi system legalized. Chap. 249. AN ACT to legalize and validate certain bonds of the village of Canton, to be issued for the purpose of furnishing said village with pure and wholesome water. Became a law April 24, 1917, 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. All the acts and proceedings of the village of Canton, bond issue its electors, taxpayers, board of trustees, board of water commistional water sioners, village clerk and other officers and agents leading up to and including the authorization, sale, and issuance of bonds of the village of Canton to the amount of one hundred and eighty thousand dollars for the purpose of acquiring additional water or water rights and for the establishment of an additional system of water works for supplying the village and its inhabitants with water by an entire gravity system, as voted for and authorized at a special village election held November twenty-third, nineteen hundred and sixteen, and all proceedings heretofore had and taken thereunder, including the notice given of such special village election, the form of the resolution voted upon, the canvass of the vote, and the publishing of the result thereof, are hereby ratified, confirmed and legalized, notwithstanding any defect, irregularity or the omission of any lawful requirement in, or the want of any statutory authority for, such acts and proceedings. validated. § 2. The said village of Canton through its proper officers and Bonda agents, and in the manner provided by the village law, is hereby given authority to issue such bonds, which when issued are hereby legalized and declared to be valid obligations of the said village, principal and interest included; and the said village of Tax for Canton shall raise by tax in each year pursuant to the village law a sum sufficient to pay any portion of the interest and principal of said bonds which may not be provided for by receipts from the water fund or by refunding in the manner provided by law. payment. actions. § 3. This act shall not affect any action or proceeding now Pending pending in any court in this state. 84. This act shall take effect immediately. Chap. 250. AN ACT to amend chapter one hundred and sixty-two of the laws of nineteen hundred and ten, entitled "An act in relation to the municipal commission and the police, fire, sewer, water and light departments of the village of Herkimer, and repealing certain acts relating thereto," generally.1 Became a law April 24, 1917, 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: 162, §§ 7, 8, amended. Section 1. Sections seven, eight, nine, eleven, twelve and thir- L 1910, ch. teen of chapter one hundred and sixty-two of the laws of nineteen 9, 11, 12, 13 hundred and ten, entitled "An act in relation to the municipal commission and the police, fire, sewer, water and light departments of the village of Herkimer, and repealing certain acts relating thereto," are hereby amended to read as follows: commission electrical current and 87. The said commission shall have the exclusive right and Powers of power to make all necessary arrangements, regulations and con- relative to tracts for supplying said village and the inhabitants thereof, with current a electrical current for power, with electric light, both arc and supply. incandescent, street and commercial, and also for supplying said village with water, and to acquire, provide and construct all 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. water for additional works, reservoirs, wells, stations and other things needful for that purpose; and to that end said commission is hereby empowered to purchase, take and hold for said village any personal property, apparatus, real estate, easements or other interests in real estate required for such purposes, and the members of said commission, its servants and agents, may, after agreement with such owner or owners for just compensation ascertained and provided for, enter upon the lands of any person or persons, and erect poles, excavate earth, trim and cut down trees, string or lay wires, and lay and construct any pipes, conduits, aqueducts, wells and all other work or machinery necessary or proper the work aforesaid, in any of the streets, or upon any lands so entered upon, purchased, taken or held, or in or upon which such easements or interests shall be purchased or acquired. Said commission may enter upon any lane, street, highway, alleys or public squares, trim or cut down trees, excavate for, lay, construct, alter, repair and place any poles, wires, pipes, conduits, aqueducts or other works necessary to furnish an ample supply of electric current and water whenever the same shall be required, and may put in as many electric or other lights, hydrants and Public ser fountains and in such places as it may deem proper. All of the provisions of chapter four hundred and twenty-nine of the laws of nineteen hundred and seven, known as the public service commissions law, as amended, in regard to the supplying of electricity for lighting purposes shall be applicable to the acts of this commission in respect to the supplying of current. vice com missions law; application. Powers relative to trical cur rent and water, and works therefor. § 8. The said commission is hereby authorized and empowered use of elec- to make such prudential rules and ordinances, not inconsistent with law, in relation to the use of said electric current and water and the sanitary sewers in said village, as they may from time to time deem to be necessary, and shall have the full and exclusive control of said works under this act, and the management of the finances connected therewith, and shall have full power to supply said village and the inhabitants thereof with light, water and power, and to establish the rates and charges for the use of the same, and to stop the use thereof upon any premises, when the use of the same shall not have been paid for, or any of the rules or ordinances of said board have not been complied with, and to fix the penalties or fines for violation of rules or ordinances established by it, and likewise to sue for and collect the same in the name of the corporation of the village of Herkimer. The said commission shall keep, or cause to be kept, a book or books, upon |