L. 1924, ch. 638, § 6 amended. Acquisition by tion. When county to become seized of authorities hereby conferred to the electors of said town qualified to vote on propositions to be voted upon at a special town meeting of said town'?" § 10. This act shall take effect immediately. CHAPTER 257 AN ACT to amend chapter six hundred and thirty-eight of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the creation of a park commission in the county of Erie, and to define its powers and duties," in relation to additional powers of condemnation. Became a law April 1, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section six of chapter six hundred and thirty-eight of the laws of nineteen hundred and twenty-four, entitled “An act to authorize the creation of a park commission in the county of Erie, and to define its powers and duties," is hereby amended to read as follows: § 6. If the said park commission shall be unable to agree with condemna- the owner or owners of or other persons having an interest in real estate shown on said map or maps so filed with the county clerk as aforesaid, or when by reason of legal incapacity, absence or inability of said park commission or its representatives to meet with or consider the question of the compensation to be paid to such owner or owners or other persons and no agreement can be made for the purchase of said real estate so deemed necessary for the purposes of this act, the same may be acquired by condemnation proceedings instituted by the park commission in the name of the county of Erie in the manner provided by law for the condemnation of real property for public purposes, except as in this act otherwise provided. In case commissioners to ascertain the compensation to be made to the owners of property to be taken in proceedings for the condemnation of real estate shall be appointed, the county of Erie shall on the filing of the oaths of said commissioners in the office of the county clerk of the county of Erie, in case the petition demands it,1 be and become seized of all those parcels of real estate described in the petition and which are on the map or maps shown as parcels that the fee or an easement therein is to be acquired in the proceedPossession; ing in which said commissioners were appointed and the said park commission on behalf of the said county may immediately or at any time or times thereafter take possession of the same, or of any part or parts thereof and the said park commission, or any person acting under its authority, may enter upon and occupy in perpetuity all the parcels of real estate described in such petition and shown on said map or maps wherein the fee is sought to be acquired and may enter upon, through or under such parcels so shown on said map or maps in which a lesser estate or an easement is to be ac1 Words "in case the petition demands it." new. such real estate. entry. 1 tion to be ascertained or official compensa between tions and sioners; quired for the purposes as in this act provided. "The petition may compensademand that the court rather than the commissioners of appraisal ascertain the compensation to be made, in which event the judgment by court shall provide accordingly, and the court, or an official referee to be referee. designated by the court, to whom the proceedings is hereby made referable, shall thereupon ascertain the compensation to be made. 2After the hearing before the court, or the official referee, and in Final order case of a reference upon the report of such referee, the court shall directing enter a final order in the proceeding directing that compensation tion. shall be made to the owners of the property pursuant to the determination of the court. Any municipal corporation in the county of Transfers Erie, may in the discretion of its governing body transfer to the municipal county of Erie for the use of the commission hereby created for corporathe purpose of this act, its interests in any of its property upon county. such terms and of such considerations as such governing body may require; and likewise, the county of Erie, upon the recommendation of the commission hereby created, may in its discretion transfer to any municipal corporation in Erie county for any public purpose its interest in any property held or acquired by said county under this act, upon such terms and for such considerations as the governing body of said county may require. The order confirming the report of such commissioners shall provide Report of for interest on the awards from the date of the filing of the commisoaths of the commissioners, or the date of the first hearing before awards, the court, or referee, in case commissioners are not appointed,3 and shall state the amount of costs and allowances, if any, to be paid. A copy of such report shall be filed with the park commission and the clerk of the board of supervisors, who shall within four months thereafter, or if appealed from, then within four months after the filing with the said commission and the clerk of such board, of a copy of any final order or judgment entered on such appeal, authorize the approval of claims therefor, which claims shall be filed with the county auditor for payment by the county treasurer after audit by him out of moneys made available as in this act provided. The commission at the time of authorizing the approval of such claims shall fix a date for payment, provide for interest on such claims to such date and give written notice to the party or parties to whom the award is payable, or to their attorney, or attorneys, that the award with interest will be paid at a place certain on a given date and thereafter no interest shall be due or payable on account of such award. A complete statement as to the proceeding, parcel number, date of the order and such other information as may be necessary shall be set forth on each of such claims filed as aforesaid. All such drafts drawn as aforesaid shall be turned over by the comptroller to the park commission for delivery to the claimants upon receipt of the proper instruments therefor. Claims for awards to unknown owners, absentees, those under legal disability and those uncertain as to whom to be 2 Following sentence new. 66 3 Words or the date of the first hearing before the court, or referee, in case commissioners are not appointed," new. claims, payment. Action to recover. paid shall be verified by the president of the board of commissioners and the warrant for same shall be turned over to the county treasurer to be deposited by him, subject to the further order of the supreme court of Erie county. In case of neglect or default in the payment of the same within the time aforesaid, the respective person or persons or bodies incorporate in whose favor the same shall be reported, his, her, or their executors, administrators or successors at any time or times after application first made by him, her or them to the treasurer of the county of Erie for payment thereof may sue for and recover the same with lawful interest as aforesaid and the costs of suit in any proper form of action against the county of Erie in any court having cognizance thereof and in such action it shall be sufficient to declare generally for so much money due to the plaintiff by virtue of this act for real estate taken or acquired for the purposes herein mentioned. The order confirming the report of said commissioners with proof of the right and title of the plaintiff and plaintiffs to the sum or sums deNo security manded shall be conclusive evidence in such suit or action. In no by county event shall the county or the park commission be required to give security or make deposit with the court as provided in the condemnation law. Order con firming report conclusive. or deposit or com mission. L. 1876, ch. 231, 8 1 amended. Salaries and fees of supervisors. 2. This act shall take effect immediately. CHAPTER 258 AN ACT to amend chapter five hundred and forty-three of the laws of nineteen hundred and nine, entitled “An act to make the office of supervisor in the county of Erie a salaried office, and to provide for the appointment and compensation of other officers of said board," relating to compensation of supervisors of Erie county. 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: Section 1. Section one of chapter two hundred and thirty-one of the laws of eighteen hundred and seventy-six, entitled "An act to make the office of supervisor in the county of Erie a salaried office, and to provide for the appointment and compensation of other officers of said board," as last amended by chapter five hundred and forty-three of the laws of nineteen hundred and nine,1 is hereby amended to read as follows: § 1. Each supervisor now or hereafter elected for any town or ward in the county of Erie, shall receive a compensation for his services as member of the board of county canvassers and as supervisor, an annual salary of eight hundred dollars, to be payable monthly from the treasury of said county. Each supervisor now or hereafter elected for any town in the county of Erie, shall besides such salary receive travel fees at the rate of eight cents a mile 4 Following sentence new. 1 Previously amended by L. 1888, ch. 364; L. 1893, ch. 620; L. 1895, ch. 174. for each mile actually traveled in going to and returning from the place of meeting once in each week during any meeting or session of the board of county canvassers or the board of supervisors on the most usual route, and besides the fees allowed by law for copying or extending their assessment-roll which mileage and fees for copying or extending their assessment-rolls shall be payable from the treasury of said county on the last day of the annual session of said board in each year. And no supervisor of said county of Erie shall receive any other or greater sum for his fees or services except when employed and actually rendering service on any committee of said board by its direction, when said board is not in session, he may charge for and receive at the rate of ten dollars2 for each day's service thus actually performed, and when sent without the county of Erie, he may receive his actual necessary expenses while in such service, and except also each supervisor from any town in the county of Erie, shall have mileage at the rate of four cents per mile, for every mile actually traveled in going to and returning from committee meetings within the county of Erie and except, also, for services rendered in towns which are by law a town charge; provided, however, that no supervisor shall receive in the aggregate to exceed five hundred dollars for services for attending on committees in any year and no supervisor from any town shall receive to exceed fifty dollars for mileage for attendance on committees within the county of Erie in any year. No supervisor shall serve upon or be a member of any special or Service on standing committee of the board of supervisors, after his term of after term office shall have expired, and immediately upon such expiration prohibited. the place of such supervisor upon any such committee shall become vacant. committee ent acts. § 2. All acts or parts of acts inconsistent with this act are hereby Inconsist repealed, so far as they may relate to the county of Erie. § 3. This act shall take effect immediately. CHAPTER 259 AN ACT to repeal chapter one hundred and fifty-four of the laws of nineteen hundred and four, entitled "An act to make the office of sheriff of Fulton county a salaried office, and regulating the management of said office," relating to the office of sheriff of Fulton county. 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. 154 repealed. Section 1. Chapter one hundred and fifty-four of the laws of L. 1904, nineteen hundred and four, entitled 'An act to make the cffice of sheriff of Fulton county a salaried office, and regulating the management of said office," is hereby repealed. Super visors may fix salary of present sheriff. Corporators. Corporate § 2. The board of supervisors of the county of Fulton shall have power, notwithstanding the limitations contained in subdivision five of section twelve of the county law, to fix the annual salary of the present incumbent of the office of sheriff, beginning January first, nineteen hundred and twenty-six, and for the remainder of his term. § 3. This act shall take effect immediately. CHAPTER 260 AN ACT to incorporate the Gallician Carpathian Russian Independent Became a law April 1, 1925, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Timothy Chomkowitz, Frank Dokla, George Shirak, Prokop Sendega, Paul Deboylo, Peter Olenin, Demetri Bilyk, Thomas Drebricz, Onofry Kissel, Ignatz Diadzauck, John Kowaleck and Demetri Dokla, their associates and successors are hereby created a body corporate and politic under the laws of the state of New York. § 2. The name of the corporation shall be Gallician Carpathian Russian Independent Orthodox Church of the Holy Trinity of America, and by that name it shall have perpetual succession with power to sue and be sued in courts of law and equity in sue and be the state of New York and in the United States. Duration. Power to sued. Corporate purposes. § 3. The purposes of the corporation shall be: a. To provide and maintain a church or churches of the Greek Orthodox faith, or the Greek Orthodox Catholic religion, or the Orthodox religion of the Eastern confession, which are independent of the apostolic succession or hierarchial claims or denominations, or for two or more of such purposes, whose members are Carpathians who have been affiliated with the Russian Orthodox religion, have immigrated to the United States, have become naturalized and have renounced their allegiance to any foreign prince or potentate, and who at the present time in church service, speak the Russian language. Such persons and their descendants and none others shall have the right to membership and to vote at its meetings. b. To provide for and take over such organization, spiritual and corporate. c. To maintain in connection therewith orphanages for destitute children, old folks homes for aged males or females or both, and to provide for inmates thereof sustenance, board, shelter, living, and spiritual enlightenment. d. To provide and maintain the means therefor in connection therewith either separate for male and female or together, primary and religious education for children; Sunday schools and schools |
