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county their report and award, including awards to unknown owners, together with their proceedings, which shall be signed by the commissioners or a majority of them.
§ 5. Confirmation of report. Upon presentation of such report and award the county judge may confirm the same or may vacate the same and order a new appraisal and appoint new commissioners to make the same. If such report and award be confirmed, the order of confirmation shall be deemed a final order in a special proceeding in such court.
§ 6. Notice to lot owners to remove remains and monuments. If such report and award be confirmed, the board of education of joint union free school district number six of the towns of Babylon, Suffolk county, and Oyster Bay, Nassau county, shall serve notice upon such owner or owners of lots or rights of burial in such cemetery to whom damages shall be awarded, by publication in two newspapers published in such county once a week for six successive weeks, requiring such owner or owners of lots or rights of burial in such old cemetery to exhume and remove the human remains interred therein, and all monuments, stones and marks of burial within thirty days after the last publication of such notice; and in case such remains and monuments, stones and marks of burial shall not be removed within such time, the board I of education of joint union free school district number six of the towns of Babylon, Suffolk county, and Oyster Bay, Nassau I county, shall proceed to exhume and remove the human remains in such old cemetery, together with all monuments, slabs, stones and other marks of burial places, and shall reinter such remains in some suitable burial place to be obtained by them for such purpose in a cemetery situated in the town of Babylon, Suf#folk county, and such remains shall be separately reinterred, and #all monuments, stones, slabs and other marks designating places of burial shall be reset in proper place so as to preserve the identity of the respective remains. Members of the same family, as near as the same can be ascertained, shall be placed in con#tiguous graves. If there be no monument or record at the place from which such remains shall be removed, such board of education shall make a plot or diagram of such old cemetery, provide suitable markers with numbers thereon, set a marker at the place of reinterment of each body, and enter the number of such marker upon the plot of such old cemetery from which such remains were removed. Such plot or diagram shall be filed in the office of the town clerk of the town of Babylon and there remain as one of the records of such town. The expenses incurred by such board of education in making such removals and reinterments, in providing a place or places of reinterment, and in resetting such monuments, stones and marks of burial shall be deducted from and paid out of the amount of damages awarded to such owner or owners of such lot or lots, or rights of burial in such cemetery, and retained by such board of education for that purpose, and only the remainder, if any, of the sum or sums so awarded shall be paid to the owner or owners of such lot or lots or rights of burial, respectively.
§ 7. Payment of sums awarded. If such report and award be confirmed, the sum or sums thereby awarded to the owner or owners of lots or rights of burial in such lands so taken, after first deducting therefrom all the expenses incurred in removing and reinterring human remains and resetting monuments, stones and marks of burial as provided in section six hereof, shall be paid by such board of education to the owner or owners, if they can be found with due diligence and accept the same; if not, such board of education shall pay the sum or sums so awarded, after first making such deductions above mentioned, into the county court of Suffolk county for the benefit of the owner or
§ 8. Title to lands to vest in the board of education. Upon the payment of the award or awards therefor, or the remainder thereof, if any, after making the deduction provided for in section six hereof, or upon the deposit of the same in the county court of Suffolk county for the benefit of the owner or owners, the title of the lands taken as prescribed in this act shall vest in the board of education of joint union free school district number six of the towns of Babylon, Suffolk county, and Oyster Bay, Nassau county, and such board of education shall upon such payment or deposit, be discharged from any and all liability by reason of the appropriation and use of such lands.
§ 9. Board of education may file offer to purchase lots or lands at specified price. In all cases under this act where the owner or owners of the lands to be taken or the owner or owners of rights of any kind therein is a resident, and not under legal disability to convey the title to real property, the board of education may, when they apply to the county court for the appointment of commissioners to assess damages, or at any time thereafter, and before the making of the report and award of damages, make and file with the county clerk of Suffolk county a written offer to purchase any of such lots or lands or rights therein at a specified price. The owner of such lot or lands may within ten days after the filing of such offer and service of a copy of such offer upon him, or if he has appeared in such proceeding by an agent or attorney, serve upon the board of education notice in writing of his acceptance of such offer, which shall be signed and acknowledged by such owner, and thereupon upon filing the application of the board of education for the appointment of commissioners to assess damages, together with the proof of the making of the offer, and its acceptance, the board of education may enter an order that, upon payment of the compensation agreed upon, such board may take and hold such lot or lands. or rights therein as in this act provided and enter into possession thereof. If the offer is not accepted and the compensation awarded by the commissioners appointed to assess the damages does not exceed the amount of the offer, no costs of such proceedings after the making of the offer shall be allowed to such
§ 10. Money to pay damages awarded and expenses. The moneys with which to pay such damages as may be awarded by
such commissioners, and the costs and expenses of such proceedings to acquire title, and the purchase price or agreed compensation for any of such lands or rights therein, if acquired by purchase or offer and acceptance, and also all other expenses as herein authorized, may be raised by taxation or by an issue of bonds, or in part by taxation and in part by an issue of bonds, as provided in the education law.
§ 11. This act shall take effect immediately.
AN ACT to amend the general business law, in relation to fraudulent prac tices in respect to stocks, bonds, other securities and commodities.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:
ch. 25, § 352
Section 1. Section three hundred and fifty-two of chapter L. 1909, twenty-five of the laws of nineteen hundred and nine, entitled An act relating to general business, constituting chapter twenty of amended the consolidated laws," as added by chapter six hundred and forty-nine of the laws of nineteen hundred and twenty-one, and amended by chapter six hundred of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:
§ 352. Investigation by attorney-general. Whenever it shall appear to the attorney-general, either upon complaint or otherwise, that in the advertisement, purchase or sale within this state for future delivery of any commodity dealt in on any exchange within the United States of America or the delivery of which is contemplated by transfer of negotiable documents of title all of which are hereinafter called commodities, or that in the issuance, sale, promotion, negotiation, advertisement or distribution within this state, of any stocks, bonds, notes, evidences of interest or indebtedness or other securities, or negotiable documents of title, or foreign currency orders, calls or options therefor hereinafter called security or securities, any person, partnership, corporation, company, trust or association shall have employed, or employs, or is about to employ any device, scheme or artifice to defraud or for obtaining money or property by means of any false pretense, representation or promise, or that any person, partnership, corporation, company, trust or association shall have made, makes or attempts to make in the state fictitious or pretended purchases or sales of securities or commodities, or shall have engaged in or engages in or is about to engage in any practice or transaction or course of business relating to the purchase or sale of securities or commodities which is fraudulent or in violation of law and which has operated or which would operate as a fraud upon the pur
1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made.
chaser, or that any dealer, as defined by section three hundred and fifty-nine* of this article, has sold or offered for sale or is attempting to sell or is offering for sale any security or securities in violation of the provisions of said section, any one or all of which devices, schemes, artifices, fictitious or pretended purchases or sales of securities or commodities, practices, transactions and courses of business are hereby declared to be and are hereinafter referred to as a fraudulent practice or fraudulent practices or he believes it to be in the public interest that an investigation be made, he may in his discretion either require or permit such person, partnership, corporation, company, trust or association to file with him a statement in writing under oath or otherwise as to all the facts and circumstances concerning the subject matter which he believes it is to the public interest to investigate, and for that purpose may prescribe forms upon which such statements shall be made.
The attorney-general may also require such other data and information as he may deem relevant and may make such special and independent investigations as he may deem necessary in connection with the matter. The attorney-general, his deputy or other officer designated by him is empowered to subpoena witnesses, compel their attendance, examine them under oath before him or a magistrate, a court of record or a judge or justice thereof and require the production of any books or papers which he deems relevant or material to the inquiry. If a person subpoenaed to attend such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall without reasonable cause refuse to be sworn or to be examined or to answer a question or to produce a book or paper when ordered so to do by the officer conducting such inquiry, or if a person, partnership, corporation, company, trust or association fails to perform any act required hereunder to be performed, he shall be guilty of a misdemeanor. It shall be the duty of all public officers, their deputies, assistants, subordinates, clerks or employees and all other persons to render and furnish to the attorney-general, his deputy or other designated officer when requested all information and assistance in their possession or within their power. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who shall disclose to any person other than the attorney-general the name of any witness examined or any other information obtained upon such inquiry except as directed by the attorney-general shall be guilty of a misdemeanor.
§ 2. Section three hundred fifty-three of such chapter, as added by chapter six hundred forty-nine of the laws of nineteen hundred twenty-one and amended by chapter six hundred of the laws of nineteen hundred twenty-three, is hereby amended to read as follows:
§ 353. Action by attorney-general. Whenever the attorneygeneral shall believe from evidence satisfactory to him that any person, partnership, corporation, company, trust or association So in original, [Should be 359-e.]
has engaged in, is engaged or is about to engage in any of the practices or transactions heretofore referred to as and declared to be fraudulent practices, he may bring an action in the name and on behalf of the people of the state of New York against such person, partnership, corporation, company, trust or association, and any other person or persons heretofore concerned in or in any way participating in or about to participate in such fraudulent practices, to enjoin such person, partnership, corporation, company, trust or association and such other person or persons from continuing such fraudulent practices or engaging therein or doing any act or acts in furtherance thereof. In said action an order or a judgment may be entered awarding such preliminary or final injunction as may be proper.
§ 3. Such chapter is hereby amended by inserting therein a new § 353 section to be section three hundred and fifty-three-a to read as follows:
§ 353-a. Receivers when injunction issued. Whenever a temporary injunction order or a final decree is made or entered in any action brought by the attorney-general as provided in this article, the said temporary injunction order or the said final decree may provide for the appointment of a receiver and the sequestration of any and all property derived by the defendant or defendants or any of them by means of any such fraudulent practices, together with any or all books of account and papers relating to the same, said final decree may also provide that such receiver shall take title to any or all such property and liquidate it for the benefit of all persons intervening in the said action and establishing an interest in such property. Such receiver shall be subject to all the duties of receivers appointed under the provisions of the civil practice act as far as practicable. In any action brought by the attorney-general as provided in this article the court may grant such other and further relief as may be proper.
§ 4. Section three hundred fifty-four of such chapter, as added $ 354 by chapter six hundred forty-nine of the laws of nineteen hundred twenty-one and amended by chapter six hundred of the laws of nineteen hundred twenty-three, is hereby amended to read as follows:
§ 354. Examination of witnesses and preliminary injunction. Whenever the attorney-general has determined to commence an action under this article, he may present to any justice of the supreme court, before beginning such action, an application in writing for an order directing the person or persons mentioned in the application to appear before the justice of the supreme court or referee designated in such order and answer such questions as may be put to them or to any of them, or to produce such papers, documents and books concerning the alleged fraudulent practices to which the action which he has determined to bring relates, and it shall be the duty of the justice of the supreme court to whom such application for the order is made to grant such application. The application for such order made by the attorney-general may simply show upon his information and belief that the testimony of