Acquisition of building and site. Issuance § 2. If a majority of votes cast at such election upon such proposition be in the affirmative, the town board may acquire by purchase in behalf of the town a suitable building and the site thereof, located in the village of Burke, for a town hall, at a cost not exceeding twenty-one hundred dollars; and, in payment of cates of in- the purchase price of such building, may issue to the owner or debtedness. owners of such building, the certificates of indebtedness of the town, bearing interest at the rate of six per centum per annum, payable from taxes levied and collected pursuant to the provisions of law. of certif Tax for payment of certifi cates of indebted ness. Corporate name changed. Powers. Liabilities not affected. Rights and powers § 3. The town board shall cause to be raised by taxation in such town and included in the next annual tax levy after the acquisition of such building one-half of the amount of the principal of such certificates of indebtedness, together with the interest due on the whole amount thereof, and shall in like manner cause to be raised by taxation and included in the second annual tax levy after the acquisition of such building, the balance of the principal of such certificates of indebtedness together with the interest due on such balance; and when such taxes shall have been received shall apply the same to the redemption of such certifi cates of indebtedness. § 4. This act shall take effect immediately. CHAPTER 12 AN ACT to change the name of the D'Youville College and Academy of the Holy Angels and to define the powers and duties of the corporation and its officers Became a law February 7, 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. The corporate name of D'Youville College and Academy of the Holy Angels is hereby changed to D'Youville College, by which name it shall hereafter be called and known; and by that name the said corporation shall have perpetual succession with power to fill vacancies as they may occur from time to time in its board of trustees; to sue and be sued; to contract and to be contracted with; to make and use a common seal and to alter the same at pleasure; and to purchase, take and hold real property in fee simple absolute, or any less estate, by gift, grant, devise, bequest or otherwise. § 2. This act shall in no wise impair, diminish or affect any claim or demand against the said corporation, created either under the name of "The Holy Angels' Infirmary, Academy and Industrial School for Benevolent, Charitable and Scientific Purposes" or "D'Youville College and Academy of the Holy Angels' or any of its liabilities. § 3. This act shall in no wise impair or diminish any of the affected. rights or powers of D'Youville College and Academy of the Holy not Angels, and shall in no wise affect it, except by changing its name as herein before provided, and changing the method of filling vacancies in the board of governors. powers, how § 4. The trustees of said corporation shall belong to the relig- Trustees; ious community formerly known as "Grey Nuns of the Cross' but now known as "Grey Nuns of the Sacred Heart", its name chosen. having been changed by the ecclesiastical authorities of the church to which said community belongs; and said trustees shall continue to have complete control and management of the property of said corporation. They shall be chosen in the manner provided by the by-laws of the corporation, and the five persons who at the time of the passage of this act are such trustees shall, from and after the passage of this act until their successors are chosen as provided by the said by-laws be such trustees. eligibility, number, § 5. D'Youville College shall have a board of governors, at least Governors; five of whom must belong to said community, "Grey Nuns of the limitation Sacred Heart." The board of governors shall not have the power of powers, to create any obligation by contract or otherwise against said corpo- quorum. ration, or any lien, claim, right or obligation of any kind whatever against its real or personal property. The board of governors shall consist of nine persons and seven members of said board shall constitute a quorum. The first board of governors of the college Personnel. department of D'Youville College and Academy of the Holy Angels, consisting of Charles Henry Colton, then bishop of the Roman Catholic diocese of Buffalo, now deceased; Nelson H. Baker, then and now vicar-general of said diocese; Michael F. Fallon, who resigned to become Roman Catholic bishop of London, Canada; Charles Leo O'Connor; and the following members of said community, all of whom by death or resignation have ceased to be members of said board, viz., Sister Stanislaus, Sister Mary Agnes, Mother Kirby, Sister Mary Evangelista and Sister Saint Matthew; having partly changed its membership through such death or resignation of some of the members thereof and filling the vacancies caused thereby pursuant to said section five of chapter seventy-eight of the laws of nineteen hundred and eight; so that said board of governors immediately before the passage of this act consists of William Turner, doctor of divinity, doctor of philosophy and doctor of canon law, bishop of said diocese, said Nelson H. Baker, doctor of divinity and doctor of laws, vicar-general of said diocese, Lawrence F. Tighe, bachelor of arts, Charles Leo O'Connor, bachelor of laws; and the following Grey Nuns of the Sacred Heart, Mother Verecunda, superior general of said community, Mother Mary of Good Counsel, now president of said college, Sister Saint Rita, Sister Mary of the Visitation and Sister Grace of the Sacred Heart, whose family names are Anne Quinn, Teresa Kirwan, Teresa McDermott, Jane Reily and Grace Wechter; it is hereby provided that said persons composing the said board of governors of the college department of D'Youville College and Academy of the Holy Angels immediately prior to the passage of this act, shall hereby become the board of governors of D'Youville College, with perpetual power to fill vacancies in said board of Vacancies. Power to confer de governors as they may occur from time to time; and may grant and grees, etc. confer the same honors, degrees and diplomas with the same effect and entitling the possessors thereof to the same immunities and privileges as the said governors of the college department of D'Youville College and Academy of the Holy Angels was by said section six of chapter seventy-eight of the laws of nineteen hundred and eight permitted to grant and confer since the twenty-sixth day of June, nineteen hundred and eight, at the time of filing in the office of the regents of the university of the state of New York and office of the secretary of state, the instrument mentioned in said section, and subject to the same limitations which are as follows: Nothing in this act shall be held or construed to give the power to confer any degree or right to practice law or medicine. The master's degree shall not be conferred upon any person who has not already received the baccalaureate degree from said college department or said college or from some other college or seminary of learning authorized to grant such degree. No degree shall be conferred except by unanimous vote of a quorum of said governors. The courses by regents leading to the various recognized degrees shall, with the exception of studies in philosophy, history and religion, be approved by the regents of the university of the state of New York; but the said governors may, as a condition for granting such degree, require additional work in any subject to that prescribed by said regents. § 6. All acts or. parts of acts inconsistent with the provisions of this act are hereby repealed. Approval of courses Inconsist ent acts. L. 1909, subd. 3 Necessary parties in actions. § 7. This act shall take effect immediately. CHAPTER 13 AN ACT to amend the lien law, in relation to correcting a manifest error in section forty-four thereof Became a law February 7, 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. Subdivision three of section forty-four of chapter thirty-eight of the laws of nineteen hundred and nine, entitled "An act in relation to liens, constituting chapter thirty-three of the consolidated laws," is hereby amended to read as follows: 3. All persons appearing by the records in the office of the county clerk or register to be owners1 of such property or any part thereof. Every defendant who is a lienor shall, by answer in the action, set forth his lien, or he will be deemed to have waived the same, unless the lien is admitted in the complaint, and not contested by another defendant. Two or more lienors having liens upon the same property or any part thereof, may join as plaintiffs. $ 2. This act shall take effect immediately. 1 Word "owners" substituted for word "overseers." CHAPTER 14 AN ACT to release to Florence Osborn all the right, title and interest of the people of the state of New York in and to certain real estate situate in the city of Rochester, county of Monroe and state of New York Became a law February 8, 1928, with the approval of the Governor. Passed by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: people in leased Osborn. Section 1. All the estate, right, title and interest of the people Title of of the state of New York acquired by escheat, forfeiture or other certain wise, of, in and to all that certain piece or parcel of land situate in land rethe town of Greece, now in the city of Rochester, county of Mon- Florence ree and state of New York, being the easterly half of lot number thirty-eight, on the southerly side of Beach avenue, of a subdivision of parts of lots numbers one, two, three and four of town lot number thirty-four, as said lot number thirty-eight is laid down on a map of West Beach made for George F. Danforth and James Terry and on file in Monroe county clerk's office, such lot being fifty feet front on the southerly side of Beach avenue and extending as laid out on said map of the same width southerly to the north line of Ontario street, one hundred and twenty feet, together with the privilege of maintaining and building a private bath house to be located as designated by the vendors; also the use of said beach in common with the owners of the other lots laid down on said map for the purpose of exercise and pleasure not inconsistent with the specific rights of such other persons, are hereby released to Florence Osborn of the city of Rochester, county of Monroe and state of New York, and to her heirs and assigns for ever. affected. to § 2. Nothing herein contained shall be construed to impair, re- certain lease or affect any right, claim or interest of any heir at law, de- rights not visee, purchaser or creditor by judgment, mortgage or otherwise in and to said premises or any part thereof. § 3. This act shall take effect immediately. CHAPTER 15 AN ACT to amend the public officers law, in relation to proceeding for removal of public officers by the governor Became a law February 8, 1928, with the approval of the Governor, Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 51, Section 1. Section thirty-four of chapter fifty-one of the laws L. 1909, of nineteen hundred and nine, entitled "An act in relation to public § 34 officers, constituting chapter forty-seven of the consolidated laws," amended. is hereby amended to read as follows:1 1 Section materially amended. 34. Proceedings for removal by governor. 1. In any proceeding for the removal by the governor of a public officer, he may conduct an investigation into the charges, and may take the evidence as to the truth of the charges at a hearing for such purpose, or he may direct that such investigation or hearing, or both, shall be conducted by a justice of the supreme court of the judicial district, or the county judge of the county, in which the officer proceeded against shall reside, or by a commissioner appointed by the governor, by an appointment, in writing, filed in the office of the secretary of state. 2. The governor may direct the attorney-general or the district attorney of the county in which the officer proceeded against resides, to assist the governor, or the person designated by the governor under the first subdivision of this section, in the conduct of the investigation into the charges, and of the hearing into the truth of the charges. If the hearing provided for in this section shall be conducted by a justice, judge or commissioner, it shall be held at such place in the county in which the officer proceeded against shall reside as the justice, judge or commissioner shall appoint, and at least eight days after written notice of the time. and place of such hearing shall have been given to the officer proceeded against. 3. The governor may direct the justice, judge or commissioner to report to him the evidence taken at such hearing, or the evidence and the findings of the material facts deemed by such justice, judge or commissioner to be established. Both in the investigation of the charges and at the hearing into the truth of the charges, the governor or the person designated by him under the first subdivision of this section may require witnesses to attend before him, and may also require the production of any books, papers, or other documents, deemed by him to be material, and shall issue subpoenas for such witnesses for appearance at the hearing as may be requested by the officer proceeded against. 4. At the hearing provided for in this section, the officer proceeded against and his counsel shall be permitted to attend, but such officer or his counsel shall have no right to be present at the investigation provided for unless the governor or the person designated by him to conduct such investigation so directs. No evidence taken in such investigation shall form the basis of any report to the governor by the person designated by him under subdivision one of this section, or the basis of any determination by the governor, unless such evidence is presented at the hearing provided for in this section. 5. The person designated under subdivision one of this section, or the governor, where no person is so designated, is authorized to employ counsel in any case where the attorney-general or district attorney has not been directed to assist the governor or his designee, as provided in subdivision two of this section, and to employ such personnel as may be necessary to assist him in the performance of his duties under this section. 6. If the proceeding be for removal of a state officer, the reasonable expenses incurred in the conduct thereof, including |