notice con evidence of Record of of claims of land. nation pro disagree owners. Such notice so served shall be conclusive evidence of an entry Service of and appropriation by the state. Such armory commission may clusive cause a copy of such notice or notices with an affidavit or affi- entry. davits of due service thereof on such owner or on the county service of clerk as the case may be to be recorded in the books used for notices. recording deeds in the office of the register of Westchester county, and such record shall be evidence of the due service thereof and of the title of the state of New York to the property so appropriated. Such armory commission by a majority vote of its Settlement members shall have the power, after the filing of such map and with owners description, to fix and determine with each and any of the respective owners of any such lands upon the fair value thereof and may agree upon a price to be paid therefor by the state, and accepted by such owners respectively, and the amount thus agreed upon shall be audited by the comptroller and shall be paid by the state treasurer upon the certificate of such armory commission or a majority of its members, out of any funds appropriated for that purpose, upon the approval of such owners' title by the attorney general. In case such armory commission shall not Condemagree with any owner or owners of such lands so appropriated ceedings on then said commission shall proceed forthwith to determine the ment with amount of compensation to be paid for the property so taken and appropriated by a proceeding taken under the provisions of this act and title one of chapter twenty-three of the code of civil procedure, known as the condemnation law. Said proceeding Institution for the purpose of determining such compensation shall be in- ceeding. stituted and maintained in the name of the people of the state of New York, by the attorney general, or by such counsel as the governor or attorney general may designate for that purpose. No petition shall be necessary to institute such proceeding, and Petition the supreme court shall upon the application of the attorney sary. general and on ten days' notice to the owners of the property or, if they be unknown, to the county clerk, appoint three commis- Appointsioners of appraisal as provided in the condemnation law. The appraisal compensation awarded by such commissioners of appraisal after sioners. the confirmation of their report by the supreme court shall be Compen paid by the state treasurer after audit as above provided out of commisan appropriation of fifty thousand dollars made by chapter three how paid. hundred and fifty of the laws of nineteen hundred and thirteen, which is hereby reappropriated for the purposes of this chapter. Interest at the legal rate upon the amount of such compensation Interest from the date of the appropriation of the lands to the date of the pensation. of pro unneces ment of commis sation of sioners, on com report of the commissioners of appraisal shall be included in the Lands not order confirming such report. No part of the lands thus apto be sold. propriated shall be sold without the express authority of the legislature. tion of Applica- § 2. The condemnation law shall apply to all proceedings herecondemna under except so far as the provisions of this act are inconsistent therewith. tion law. § 3. This act shall take effect immediately. L. 1909, Chap. 274. AN ACT to amend the village law, in relation to failure to prosecute persons who unlawfully appropriate money or property of the village. Became a law April 11, 1914, 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 three hundred and thirty-three of chapter sixty-four of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," is hereby amended to read as follows: § 333. Liability on unlawful contracts; failure to prosecute.1 An officer or person who assumes to create a liability or appropriate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the vil lage for such money or property. Each member of a village board present at a meeting thereof when such unlawful action is taken is deemed to have assented thereto, unless he expressly dissents and requests such dissent to be entered upon the minutes of the meeting. A village is not liable upon a contract made by an officer or a board in the name or on behalf of the village, unless it is authorized by law. If any person shall have heretofore appropriated or shall hereafter appropriate money or property of the village, contrary to law, and the facts in relation thereto are known to the board of trustees, and, after this section as amended 1 Words "failure to prosecute," new. 2 Remainder of section new. takes effect, such board fail for thirty days to bring an action against such person to recover such money or property, each member of the board having such knowledge shall be guilty of a misdemeanor and liable to removal from office unless within such period of thirty days he shall file with the village clerk a written request, signed by him, requesting the bringing of such action or shall cause to be entered upon the minutes of a meeting of the board a motion made by him for the bringing of such action, or his vote in favor of such a motion. § 2. This act shall take effect immediately. Chap. 275. AN ACT to reappropriate for the improvement of new state routes in the counties of Niagara and Orleans the unexpended balances of moneys appropriated by chapter one hundred and fifty-four of the laws of nineteen hundred and eleven. Became a law April 11, 1914, 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: priation of balances. Section 1. The unexpended balances of moneys appropriated Reapproby chapter one hundred and fifty-four of the laws of nineteen unexpended hundred and eleven, for the construction and improvement of certain state routes as then existing, or the just proportion thereof available for the construction or improvement of such routes within the counties of Niagara and Orleans, are hereby reappro priated for the construction and improvement of any additions or spurs to state route number thirty created or to be created within the counties of Niagara and Orleans by act of the legislature at the session of nineteen hundred and fourteen, payable out of moneys realized from bonds issued in accordance with the provisions of chapter four hundred and sixty-nine of the laws of nineteen hundred and six, as amended by chapter seven hundred and eighteen of the laws of nineteen hundred and seven; such Applicamoneys to be applied to the several new routes in such counties tion of in such manner and in such proportions as the state commission routes. of highways may determine, excepting that as between the two counties the apportionment shall be on a fair and equitable basis, moneys to Moneys, how ex pended. computed according to the relative road mileage population and area in both counties. The moneys hereby reappropriated shall be expended according to the provisions of article six of the highway law. 82. This act shall take effect immediately. L. 1909, ch. 30, § 120, subd. 30, Chap. 276. AN ACT to amend the highway law, in relation to the course and description of route number thirty of the state highway system. Became a law April 11, 1914, 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. Route thirty, constituting the subdivision thus designated, of section one hundred and twenty of chapter thirty of the as amended laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated L. 1911, laws," as amended by chapter six hundred and forty-eight of the and L. 1912, laws of nineteen hundred and ten, chapter seven hundred and six by L. 1910, ch. 648, ch. 716, ch. 477, amended. teen of the laws of nineteen hundred and eleven and chapter four hundred and seventy-seven of the laws of nineteen hundred and twelve,' is hereby amended to read as follows: Route 30. Commencing at Rouses Point, in Clinton county, running thence westerly through the northern part of Clinton county, to a point to be determined by the commission, on the dividing line between Franklin and Clinton counties, running thence westerly by the way of Burke, Malone and Moira, to a point to be determined by the commission, on the dividing line between Saint Lawrence and Franklin counties, running thence westerly to Lawrenceville, running thence southerly to a point at or near Nicholville, running thence westerly and southwesterly by the ways of Potsdam, Canton and Gouverneur, to a point to be determined by the commission, on the dividing line between Jefferson and Saint Lawrence counties, running thence southwesterly by the way of Philadelphia to Watertown, running thence 1 Subd. 30 was also amended by L. 1912, ch. 51. southerly from Watertown, by the way of Adams and Pierrepont Manor, to a point to be determined by the commission on the dividing line between Oswego and Jefferson counties, running thence southerly and southwesterly and westerly by the way of Pulaski and Union Square to Oswego, running thence southerly from Oswego by way of Hannibal to a point to be determined by the commission, on the dividing line between Cayuga and Oswego counties, running thence southwesterly through the northern part of Cayuga county to a point to be determined by the commission on the dividing line between Wayne and Cayuga counties, running thence southwesterly and westerly by the way of Red Creek, Wolcott, Alton, Sodus, Williamson and Ontario to a point to be determined by the commission on the dividing line between Monroe and Wayne counties, running thence southwesterly to the city of Rochester, running thence westerly from the city of Rochester by way of Spencerport, to a point to be determined by the commission, on the dividing line between Orleans and Monroe counties, running thence westerly to points at Albion and Medina, running thence northwesterly and northerly to Ridgway on the Ridge road; thence westerly along the Ridge road to Jeddox, Johnson Creek, Hartland Corners and Ridge Road Settlement; thence southwesterly to Wright's Corners; thence westerly through Warren's Corners and Cambria to a point two and five-tenths miles directly north of Pekin on the Ridge road; thence southerly along the Town Line road through Pekin to a point on the Saunders Settlement road to Sanborn; thence westerly and southwesterly along the Saunders Settlement road to Niagara Falls to connect with route number eighteen; continuing on the River road at the easterly city limits of the city of Niagara Falls and continuing along said river road to the northerly city limits of the city of North Tonawanda and thence southerly along said River road and Main street to the place of intersection of Island street in said city of North Tonawanda; also continuing a spur from the point in Center street in the village of Medina where said route thirty as above described turns toward the north, and from said point in said village of Medina continuing said spur westerly along Center street and the country highway to and through the village of Middleport and thence westerly along the settlement and canal roads to and through Gasport and thence continuing southerly to 2 Remainder of section new. |