the compensation of authorized counsel and of necessary assistants, in the taking and printing of the testimony, shall be paid by the state, on the certificate of the governor, out of moneys appropriated or available therefor. 7. If the proceeding be for the removal of a county or city officer, the reasonable expenses incurred in the conduct thereof shall be a county or city charge, as the case may be. The board of supervisors of the county, or the board of estimate and apportionment or other board or body of the city vested with the power to make appropriations, on the requisition of the governor, from time to time, shall forthwith appropriate such sum as shall be needed to pay such expenses; and after such appropriation shall have been duly made, the fiscal officer of the county or city, as the ease may be, shall pay such expenses, upon vouchers approved by the governor, after audit, in the same manner and by the same authority as other county or city charges are audited and paid. If there be no funds available for such purpose, the board of supervisors of the county, or the comptroller or other chief fiscal officer of the city, is hereby authorized and directed to sell certificates of indebtedness or revenue bonds of such county or city in anticipation of the receipt of taxes, and out of the proceeds thereof to make the payments required to be made by this section. The amount necessary to pay the principal and interest of such certificates or bonds shall be included in the estimate of moneys necessary to be raised by taxation to carry on the business of such county or city and shall be made a part of the tax levy for the year next following the year in which such appropriations are made. 8. A person designated by the governor to conduct an investigation or hearing, or both, under this section, who is not regularly employed by the state or by a county or city, shall be paid a reasonable compensation for his services, to be fixed by the governor, and paid in the same manner as other expenses for the removal of a state officer, or a county or city officer, as the case may be, as provided in this section. 9. All sheriffs, coroners, constables and marshals to whom process shall be directed and delivered under this section shall execute the same without unnecessary delay. proceeding; ized, pensation penses of and assist § 2. All the acts heretofore performed by a person designated Pending by the governor in a pending proceeding for the removal of a acts legalpublic officer, including investigation into charges preferred, the comemployment of counsel and necessary assistants and the incurring and exof necessary expenses, in so far as such acts are in accordance counsel with section thirty-four of the public officers law, as amended by ants. this act, are hereby legalized and confirmed; and the compensation of such counsel and assistants for their services heretofore performed and such expenses heretofore incurred shall be payable in the manner provided by section thirty-four of the public officers law, as amended by this act. §3. This act shall take effect immediately. L. 1909, subd. 55 mended. L. 1909, CHAPTER 16 AN ACT to amend the highway law, in relation to county highways in Became a law February 8, 1928, 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. Subdivision fifty-five of section one hundred and twenty-two of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways constituting chapter twenty-five of the consolidated laws," as last amended by chapter three hundred and thirty of the laws of nineteen hundred and twenty-five,1 is hereby amended to read as follows: 55. Washington county. Whitehall-Fair Haven; GreenwichCambridge; Thomson-Fort Edward; Greenwich village, Battenville connection; Hudson Falls village, connecting Glens Falls and Fort Ann roads; Adamsville-Granville; Smith's Basin-Baldwins Corners; Middle Falls-South Argyle; Fort Edward-Argyle; Schaghticoke-Middle Falls, parts two and three; county highway fourteen hundred thirty-seven-Clarks Mills-Thomson; Argyle-North Argyle-South Hartford; Hartford-West Granville; CambridgeAnaquassacook-Vermont line; North Granville-Whitehall; Middle Granville-Hampton-Fair Haven; Harriscena-Fort Ann, part two. § 2. This act shall take effect immediately. CHAPTER 17 AN ACT to amend the highway law, in relation to the purchase or repair of road machinery Became a law February 9, 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 ninety-four of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," as last amended by chapter two hundred and forty-seven of the laws of nineteen hundred and twenty-six,1 is hereby amended to read as follows: 3. Not more than twenty-five thousand dollars shall be levied and collected in any town of Nassau or Suffolk counties and not 1 Previously amended by L. 1912, ch. 83; L. 1921, ch. 18; L. 1925, ch. 122. 2 Words "Smith's Basin-Baldwins Corners" substituted for words "Kingsbury street-Smith's Basin." 1 Previously amended by L. 1916, ch. 578; L. 1918, chs. 320, 329; L. 1919, ch. 376; L. 1921, ch. 406; L. 1925, ch. 337. 2 Words "ten thousand dollars shall be levied and collected in any town in Erie, Rockland or Monroe counties, not more than," omitted. Words "shall be levied and collected" new. more than ten thousand dollars in any other town, in any one year, for the purchase or repair of stone crushers. steam rollers, motor trucks, scarifiers, concrete mixers, traction engines or road machines for grading and scraping, tools and implements, unless duly authorized by the vote of a town meeting. § 2. This act shall take effect immediately. CHAPTER 18 AN ACT to authorize the city of Rome to borrow money by the issue of its bonds for the purpose of reimbursing the current fund to make up deficiencies that have accrued through insufficient estimates and failure to include a sufficient amount for necessary city purposes in the tax budget for the year nineteen hundred and twenty-seven Became a law February 9, 1928, with the approval of the Governor. Passed, on emergency message and message of necessity, by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: bonds au Section 1. The city of Rome, through its common council is sale of hereby authorized and empowered, by ordinance of said common thorized. council, to issue and sell negotiable coupon bonds in the name and behalf and upon the credit of said city in an amount not exceeding in the aggregate the sum of twenty-five thousand dollars, par value, for the purpose of reimbursing the current fund to make up deficiencies that have accrued through insufficient estimates and failure to include a sufficient amount for necessary city purposes in the tax budget for the year nineteen hundred and twentyseven, such necessary city purposes consisting of material and supplies essential for the good and welfare of the city in conducting the department of public works and plumbing board, and for the due administration of the city owned hospital known as the James A. Murphy Memorial Hospital, which was in the first year of its operation and its facilities taxed beyond the reasonable expectation of the board of estimate and contract; and said deficiencies Deficiencies are hereby declared to be valid and subsisting obligations of the declared city of Rome. Valid obligations. denomina § 2. The bonds issued under and pursuant to the provisions of Eonds; this act shall be of the denomination of one thousand dollars each, to in numbered from one upwards, bear interest at the rate of not terest, ete exceeding five per centum per annum, shall be payable in such installments and at such times within six years from their date and at such place or places and in such form as the common council shall determine. Said bonds shall be designated "general city bonds, nineteen hundred and twenty-eight," and shall be a direct and general obligation of the city and a general lien on all taxable property in the city of Rome. Said bonds shall contain a recital that they are issued in conformity to the provisions of this act, which recital shall be conclusive evidence of their validity Formerly "three thousand dollars." 1 Authori zation. Bonds; execution, sale. Provision for pay ment of principal and in terest. L. 1909, ch. 16, § 23, subd. 4 amended. Salaries, mileage and expenses of supervi sors, tain coun ties. and of the regularity of their issue. No act or proceeding other than an ordinance passed by the common council of the city of Rome and approved by the mayor shall be necessary to authorize the issue and the sale of said bonds. § 3. Said bonds shall be executed, sold and awarded as other city bonds are required to be executed, sold and awarded by the provisions of section eighty-one of the city charter, being chapter six hundred and seventy-nine of the laws of nineteen hundred and twenty-one. § 4. The board of estimate and contract and the common council of the city of Rome in making up the annual estimate and the annual tax budget of the city shall include therein an amount sufficient to pay the principal and interest of said bonds as they shall become due and until such bonds and the interest thereon shall be fully paid, and such amounts so included in such estimate and budget shall be collected by tax the same as the current expenses of the city of Rome are collected. § 5. This act shall take effect immediately. CHAPTER 19 AN ACT to amend the county law, in relation to compensation of supervisors in Herkimer county Became a law February 10, 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 four of section twenty-three of chapter sixteen of the laws of nineteen hundred and nine, entitled "An act in relation to counties, constituting chapter eleven of the consolidated laws," as last amended by chapter five hundred and fifty-nine of the laws of nineteen hundred and twenty-seven,1 is hereby amended to read as follows: 4. In the counties of Hamilton, Herkimer, Niagara, Saratoga, Schenectady and Steuben each supervisor shall receive an annual salary, in the county of Herkimer of four hundred and fifty doleer lars and mileage at the rate of eight cents per mile for every mile actually traveled for once going and returning every week during any regular or special session of such board from his place of residence to the place where any such session of the board of supervisors is held, in the county of Hamilton of two hundred and fifty dollars and his reasonable traveling expenses actually and neces1 Previously amended by L. 1918, ch. 285; L. 1920, chs. 10, 304; L. 1921, ch. 107. 2 Word "the" omitted. Words "hereinafter prescribed" omitted. 4 Words "at the rate of eight cents per mile for every mile actually traveled for once going and returning every week during any regular or special session of such board from his place of residence to the place where any such session of the board of supervisors is held," new. sarily incurred in once going and returning from his residence CHAPTER 20 AN ACT to amend the tax law, in relation to the time within which notice of application for an order of certiorari must be made Became a law February 10, 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: ch. 62, $ 200 Section 1. Section two hundred of chapter sixty-two of the laws L. 1909, of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as amended. last amended by chapter three hundred and thirty-two of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows: § 200. Regulations as to such writ of certiorari. No certiorari to review any audit and statement of an account or any determination by the commission under this article shall be granted unless notice of application therefor is made within ninety days after the service of the notice of such determination. Eight days' notice shall be given to the commission of the application for such writ. The full amount of the taxes, percentage, interest and other charges audited and stated in such account must be deposited with the tax commission before making the application and an undertaking filed with the commission, in such amount and with such sureties as a justice of the supreme court shall approve, to the effect that if such writ is dismissed or the determination of the commission affirmed, the applicant for the writ will pay all costs and charges which may accrue against him or it in the prosecution. of the writ, including costs of all appeals. § 2. Section two hundred and nineteen of such chapter, as § 219 added by chapter seven hundred and twenty-six of the laws of amended. nineteen hundred and seventeen and last amended by chapter four hundred and forty-three of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: $219. Review of determination of tax commission by certiorari and regulations as to writ. The determination of the commission upon any application made to it by any corporation for revision : Previously amended by L. 1915, ch. 317. Formerly "thirty days." Previously amended by L. 1918, ch. 417. |