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of supervisors, subject to the approval of their respective boards. The thirteenth member shall be elected annually by the ex-officio members and shall serve until his successor is elected.. He shall Chairman. be chairman of the board.

moneys

ex

§ 2. The county of Erie and the county of Niagara and all Expenditure cities, towns and villages in such counties, may in their discretion of public expend out of the public moneys, funds to defray the expenses of for the board and to further its purposes and may raise by taxation purposes. such funds so expended.

penses and

§ 3. The members of the board shall receive no salary or com- No compensation for their services as members of such board.

pensation.

and

munity

§ 4. (1) The board is hereby empowered to and shall study Regional the needs and conditions of regional and community planning in con Erie and Niagara counties and prepare plans adapted to meet such planning. needs and conditions, and shall, through such agencies as it may designate, collect and distribute information relative to regional and community planning and zoning in Erie and Niagara counties, and the same is hereby declared to be a public purpose and all moneys expended for such purposes are declared to be for a municipal use.

(2) The board shall make a report to the bureau of housing and Report. regional planning1 on or before January first of each year, together with its recommendation for such legislation as it deems appropriate.

§ 5. This act shall take effect immediately.

CHAPTER 268

AN ACT to authorize the holding of terms of the supreme court and terms of the county court of the county of Niagara, in the city of Niagara Falls, New York.

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:

defined.

Section 1. The term "city hall" as used in this act, shall mean city hall the building situate on the southeast corner of Main street and Cedar avenue in the city of Niagara Falls, county of Niagara, owned by the said city of Niagara Falls and commonly known and described in the said city of Niagara Falls as the "city hall.”

a

2. The "city hall" of the city of Niagara Falls, county of Designated Niagara, is hereby designated a place within said county at which place terms of the county court may be held.

for terms of county court.

supreme

§ 3. Terms of the supreme court and terms of the county court Additional in and for the county of Niagara, including terms at which issues terms of of fact are triable by jury, may be held at the city hall in the city and county of Niagara Falls in said county in addition to terms of the supreme be held

1 See public buildings law (L. 1909, ch. 48), art. 2a, as added by L. 1923, ch. 694.

courts may

there.

Appointment of

terms and

assignment of

justices of

supreme court.

Appoint

ments and assignments for 1925

and 1926.

Appointment of terms of

county

court.

Appoint

ments for 1925.

Trial at
Niagara

Falls by
stipula-

tion only

cases.

court and terms of the county court to be held at the court house in the city of Lockport in said county.

§ 4. The justices of the appellate division of the supreme court in the fourth judicial department or the justices of the supreme court for the eighth judicial district, as provided by law, may appoint special terms and trial terms of the supreme court to be held at the city hall in the city of Niagara Falls in said county and assign justices to hold the same. Such appointments shall be filed and published in the manner provided by law.

§ 5. Upon this act taking effect, the justices of the supreme court for the eighth judicial district may appoint special terms and trial terms of the supreme court to be held at the city hall in the city of Niagara Falls in said county during the years nineteen hundred and twenty-five and nineteen hundred and twenty-six and may assign justices to hold the same. Such appointments shall be filed and published in the manner provided by law.

6. The county judge of Niagara county may appoint special terms and trial terms of county court to be held at the city hall in the city of Niagara Falls. Such appointments shall be filed and published in the manner provided by law.

§ 7. Upon this act taking effect, the county judge of Niagara county may appoint special terms and trial terms of county court to be held at the city hall in the city of Niagara Falls in said county during the year nineteen hundred and twenty-five. Such appointments shall be filed and published in the manner provided by law.

§ 8. Notwithstanding any provision of this act, no civil action either legal or equitable shall be tried in the city of Niagara Falls in which an attorney who maintains an office for the practice of in certain law at the city of Lockport or North Tonawanda is attorney of record, for any party thereto, unless by written stipulation such attorney consents thereto, and no criminal action shall be tried in a court of record at the city of Niagara Falls unless a like stipulation is filed with the clerk of the court by the district attorney of Niagara county.

L. 1919. ch. 547

repealed.

L. 1918, ch. 226,

§ 1, 3

amended.

§ 9. Chapter five hundred and forty-seven of the laws of nineteen hundred and nineteen is hereby repealed.

§ 10. This act shall take effect immediately.

CHAPTER 269

AN ACT to amend chapter two hundred and twenty-six of the laws of nineteen hundred and eighteen, entitled "An act to incorporate the Grand Lodge of the Independent Order of Odd Fellows," generally.

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. Sections one and three of chapter two hundred and twenty-six of the laws of nineteen hundred and eighteen, entitled

"An act to incorporate the Grand Lodge of the Independent Order of Odd Fellows," are hereby amended to read, respectively, as follows:1

ration.

name and

powers.

§ 1. The Grand Lodge of the Independent Order of Odd Fellows Incorpoof the state of New York is hereby constituted and created a body corporate by the name and style of the Grand Lodge of the Inde- Corporate pendent Order of Odd Fellows of the State of New York, for benevolent, charitable and fraternal purposes, and with the powers stated and provided in the constitution and by-laws of the said grand lodge as at present organized and as the same may be hereafter amended, stated and provided.

and man

§ 3. The real and personal property of said corporation shall be Control taken, bought, sold, administered, controlled and managed by the agement of said grand lodge when in session duly convened as such grand property. lodge and during the time that such grand lodge is not in session, in accordance with the provisions of the constitution and by-laws of such grand lodge, by its agents and servants duly authorized, with full authority to take such action with reference to the property of said corporation as may be lawful, except that during such period the control and management of the home, orphanage, infirmary or hospital shall be vested in the board of trustees hereinafter provided for. The said corporation shall not, however, have power or authority to do any banking, real estate or other business, or embark in any business whatsoever, except that which is necessary to take, hold, manage and dispose of such real and personal property of which it may become the owner or possessor and to carry out the benevolent, charitable and fraternal purposes and objects of its organization and except further as hereinafter provided.

numbered § 10;

§ 2. Section four of such chapter is hereby renumbered section 4 reten, and such chapter is hereby amended by adding thereto, after section three, six new sections, to be sections four, five, six, seven, 84-8 eight and nine,2 to read respectively, as follows:

added.

§ 4. The said corporation shall have the power and authority Power to from its income or from other sources, to build, establish and main-built and tain a home, an orphanage, an infirmary or a hospital, for the care, home, etc. treatment and support of the children and dependents of Odd Fellows and Rebekahs and for the relief, care and treatment and support of worthy, distressed, aged and indigent Odd Fellows, their widows and orphans, and Rebekahs, or those entitled to such care, treatment and support by reason of the laws of the grand lodge now or hereafter enacted, upon the Grand Lodge Independent Order of Odd Fellows Home and Orphanage site near Ithaca, New York.

for Home

§ 5. The said corporation, at its first annual session duly con- Board of vened as a grand lodge, after the enactment of this section, shall trustees elect a board of trustees of nine persons, who shall be members of and Orthe grand lodge, and who shall be responsible for the erection, main-phanage; tenance, supervision and administration of the Grand Lodge Inde- election,

1 Sections 1, 3 materially amended.

2 The original legislative bill sought to add a section nine. However, in course of passage through the legislature, the bill was amended so as to eliminate the proposed section nine.

trustees,

number,

etc.

Terms.

pendent Order of Odd Fellows Home and Orphanage, whether now or hereafter established, subject to the approval and direction of the Grand Lodge Independent Order of Odd Fellows of the State of Eligibility. New York. Provided, however, that all trustees shall be residents of this state and that no elective officer of the grand lodge shall be eligible to the office of trustee, except the grand master, who shall be ex-officio member of said board of trustees, and that any trustee accepting elective office in the grand lodge shall thereby vacate his office as trustee; provided, further, that no member of the grand lodge shall be eligible to the office of trustee unless the subordinate lodge of which he is a member is in good standing and is affiliated with and a contributor to the Grand Lodge Independent Order of Odd Fellows Home and Orphanage. At the first annual meeting of the grand lodge after the enactment of this section the nine trustees so elected shall designate by lot their respective terms of office; three of said trustees shall be designated to serve for a period of one year; three to serve for a period of two years, and three to serve for a period of three years. And, annually thereafter, at the annual session of the grand lodge three trustees shall be elected whose term of office shall be for the period of three years from the date of Vacancies. their election; and should a vacancy occur in the office of trustee at any annual session of the said grand lodge from any cause other than the expiration of the term of said trustee, said vacancy shall be filled by election for the unexpired term by said grand lodge at its annual session. If any such trustee shall cease to be a member of a lodge in good standing and affiliated with the Grand Lodge Independent Order of Odd Fellows Home and Orphanage, his place as such trustee shall be declared vacant by the grand master. In case any vacancy in the office of trustee shall occur during the time intervening between the annual sessions of the grand lodge, the grand master shall fill such vacancy by appointment of a person qualified as aforesaid and the person so appointed shall serve as trustee until the next succeeding session of the grand lodge when such vacancy shall be filled by election for the unexpired term.

Rules and by-laws.

Officers.

Annual report.

Present

managers

§ 6. The board of trustees herein provided for is hereby empowered to adopt rules, regulations and by-laws governing the proceedings and actions of said board for the better accomplishment of the objects herein mentioned, subject to the approval of the grand lodge or by the standing committee of the grand lodge during the interim of its annual sessions.

§ 7. The said board of trustees shall elect one of its number as president, one as vice-president, one as treasurer and one as secretary, and said by-laws shall provide for future elections of officers. The said board shall make a full and detailed report of all its doings at each annual session of the grand lodge, showing the amount. and condition of its finances and all other matters and things relating to the concerns of the said Grand Lodge Independent Order of Odd Fellows Home and Orphanage.

§ 8. The present board of managers of the Independent Order of to act till Odd Fellows Home and Orphanage, as now constituted, shall conelection of tinue to exercise the duties of managers of the home, until the first

trustees.

annual session of the grand lodge after the enactment of this section, at which time the board of trustees herein provided for shall be elected.

ent acts.

§ 3. All acts or parts of acts inconsistent herewith are hereby Inconsist repealed.

§ 4. This act shall take effect immediately.

CHAPTER 270

AN ACT to amend chapter two hundred and sixty-seven of the laws of eighteen hundred and thirty, entitled "An act to incorporate the Orphan Asylum Society in the village of Utica," being now the Children's Hospital Home of Utica, in relation to the government of such society. 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:

ch. 267,

,, amended.

Section 1. Section three of chapter two hundred and sixty-seven L. 1830. of the laws of eighteen hundred and thirty, entitled "An act to § 3 incorporate the Orphan Asylum Society in the village of Utica,' the name of said society having been changed to the Children's Hospital Home of Utica, and such section having been last amended by chapter five hundred and eight of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

trustees.

§ 3. The said society shall be under the direction of thirty-five Board of trustees, all of whom must be residents of the county of Oneida. They and their successors shall constitute the board of trustees. Any nine of said trustees shall constitute a quorum for the trans- Quorum. action of business. The trustees shall appoint from their number a Officers. president, a first vice-president, a second vice-president, a secretary, a treasurer, and such other officers as they shall deem necessary; who shall be the officers of the corporation and shall serve during the pleasure of the board or during a fixed period provided by the by-laws of said corporation and until their successors are elected. When a vacancy shall occur in any of said offices, it shall be filled by the board. § 2. This act shall take effect immediately.

CHAPTER 271

AN ACT to amend the charter of the city of Olean, in relation to purposes for which money may be raised by the sale of bonds.

Became a law April 1, 1925, with the approval of the Governor. Passed by a two-thirds vote on emergency message.

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

ch. 535,

Section 1. Section one hundred and six of chapter five hundred L. 1915, and thirty-five of the laws of nineteen hundred and fifteen, entitled § 106

1 Previously amended by L. 1856, ch. 55; L. 1906, ch. 391.

2 Word "and" omitted.

3 Words "and such other officers as they shall deem necessary," new.

amended.

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