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same manner as provided in section one of this act, and chapter ninetv-three of the laws of eighteen ninety-one, and shall be so issued when the said commission shall certify under oath to said council the total amount necessary to discharge the said indebted

The commission shall apply any funds already available to it, except funds heretofore declared by statute to be applicable to any other purpose, toward satisfying its said existing indebted ness in so far as said funds will satisfy the same, and it shali satisfy the balance thereof with the funds supplied, as provided in this section.

$ 5. Filing of records by commission.— When the new channel has been accepted as provided in section three, and the indebtedness of the commission has been paid and discharged, the commission shall deposit its records and accounts and transfer the balance of its funds as provided in sections thirteen and fourteen of the original act of eighteen ninety-one. The commission shall thereupon cease to exist, and all rights to any moneys due or that may become due to it for any cause whatever, and all other rights of every nature that may be possessed by it, shall pass and enure to the benefit of the city of Utica.

§ 6. All actions to recover upon or for breach of contract made by said commission or upon any bond or obligation entered into or taken by it, or for materials disposed of by the commission, and for every cause of action arising upon such bond or obligation or growing out of the matters and transactions of said commission which have accrued or shall accrue to said commission, shall be brought by and in the name of the city of Utica, by the corporation counsel, subject to the order and approval of the common council of said city, and hereafter the corporation counsel shall act as the attorney for said commission, and without extra compensation.

§ 7. Any and all acts or parts of acts inconsistent herewith ar hereby repealed.

§ 8. This act shall take effect immediately.

Chap 132. AN ACT to incorporate the Odd Fellows Temple Association of

the city of Cohoes, New York. Became a law, April 4, 1907, 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 following named persons, namely: James H. Swatling, Melville S. Jackson, John F. Noe, Matthew E. Platz, Parker G. Tymerson, Caleb J. Slade, Henry Busher, William Ross, Herman Kahn, Ernest Goulding, Edward W. Smith, William Slater, George A. Sidebotham, John Hanton and Quentin S. McNeill, and all other members in good standing, of Spartan lodge, number two hundred and ten, independent order of odd fellows, are hereby made a body corporate, under the name and title of the “Odd Fellows Temple Association, of the city of Cohoes, New York,” for the purpose of acquiring, purchasing, leasing, taking and holding suitable grounds and building or buildings, or to erect on such grounds a suitable building or buildings, or complete suitably and proper any building or buildings it may desire to purchase already erected or in process of erection, on any grounds it may acquire by purchase or lease or otherwise in said city of Cohoes, New York, and furnishing the same for the use and accommodation of the odd fellows fraternity in said city of Cohoes, and for the purpose of constructing, completing, maintaining and managing an odd fellows hall or temple in said city of Cohoes, New York, purchasing or leasing the necessary grounds therefor, with all the authority, franchises and powers conferred upon corporations by the general laws of this state.

2. The persons named in the first section of this act shall be and they are hereby constituted the first directors of said corporation, and they shall hold their office until their successors are elected as hereinafter provided.

$ 3. At the regular annual meeting, for the election of officers ni said lodge, in the month of December, in the year one thousand nine hundred and seven, it shall elect from its members fifteen directors in place of the directors whose terms of office are then -bout to expire, three for the term of one year, three for the crm of two years, three for the term of three years, three for the ferm of four years and three for the term of five years, and at each succeeding annual meeting in December of each year, for the election of officers of said lodge, it shall elect from its mem bers, three for the term of five years in place of those directors whose term is about to expire. In case of any vacancy arising in said board by death, resignation or otherwise, prior to the expiration of the official term of said director, it shall be lawful for said Spartan lodge of odd fellows, number two hundred and ten, at any regular meeting, to fill such vacancy for the unexpired term, by an election held at that time. No one shall be elected or be permitted to remain a director of said corporation, except he is a member in good standing of Spartan lodge number two hundred and ten of the independent order of odd fellows.

§ 4. The said board of directors shall organize, by electing from their number a president, vice-president, secretary and treasurer, who shall hold office for such period of time as may be approved by the rules of said board, not exceeding the term of one year. Each of said officers shall have all the rights and powers and perform all the duties usually possessed by and incumbent upon such officers; and said board of directors may, from time to time, elect or appoint such committees or subordinate officers or agents as may be necessary or proper for such corporation and the transaction of the business of the board. The board of directors shall make such by-laws, rules and regulations as they may deem necessary and proper not inconsistent with its charter, not contrary to the laws and constitution of this state, and may, from time to time, amend, alter or repeal the same as they may deem proper for the management of the affairs of said corporation.

8 5. The said corporation shall have the right to receive money or property by voluntary gift or bequest or by subscription for the purposes mentioned in this act, the erection and maintenance of an odd fellows temple in the city of Cohoes, New York.

§ 6. The said corporation shall have power to borrow such sums of money as may be required for the purchase of lands or buildings for said corporate purposes, or for the purpose of constructing or erecting of a suitable building or buildings partly erected, or for the purpose of constructing or erecting or finishing the erection of a suitable building or buildings as aforesaid, or for the purpose of discharging any indebtedness incurred by said corporation in completing said purchase, or for the purpose of finishing, rebuilding, reconstructing, altering, repairing, furnishing or remodeling any building or buildings owned by said corporation, and for such purpose to execute, acknowledge and leliver the bond of said corporation and to secure the payment of the same by a mortgage upon its real property as collateral thereto.

§ 7. If the funds of the corporation shall not be sufficient from the avails of such bond and mortgage, to pay for any real property purchased by the said corporation, pursuant to the provisions of this act, for the construction or completion of a suitable building o buildings thereon, or for the finishing, rebuilding, reconstructing, altering, repairing, furnishing or remodeling any building or buildings thereon, the corporation may issue its second mortgage bonds bearing interest semi-annually for such additional sum as may be required to pay for such real property and buildings and make the improvements thereon and furnish the same and execute to any such trustee or trustees as the board of directors may select, a mortgage upon its real property as collateral security for the payment of such bonds. The proceeds of such bonds shall be applied to the payment of the debts of the corporation contracted in the purchase of such real estate and the finishing, rebuilding, reconstructing, altering, repairing, furnishing or remodeling any building or buildings thereon.

§ 8. The said corporation is hereby authorized and empowered to lease such portion or portions of its grounds, building or buildings not needed for its own use, for any other purpose.

§ 9. Said corporation shall not forfeit its charter or be dissolved by reason of any omission or neglect by said Spartan lodge number two hundred and ten, independent order of odd fellows, to elect a director or directors at its regular annual meeting for the election of officers as aforesaid, but it shall be lawful for said lodge, in case of said neglect or omission, to elect such director or directors at any meeting of said lodge thereafter to be called for such purpose, and until the vacancy arising from the expiration of the official term of the director or directors is filled as aforesaid, the incumbent director or directors shall continue to hold such office and perform the duties thereof.

§ 10. The said board of directors shall, on or before the first day of December of each year, report to the said lodge the amount and value of the property owned by the corporation, the income of the same, cash received from other sources, all expenditures to such date by said corporation, the debts of the corporation and the amount and character of any security, if any, which said corpo

The said report, subscribed and sworn to by the

ration owns.

president and secretary of the board of directors, shall, on or be fore the first regular meeting of said lodge, held in the month of December of each year, be filed with the secretary of said lodge.

§ 11. This act shall take effect immediately, and all acts or parts of acts inconsistent therewith are hereby repealed.

Chap. 133. AN ACT legalizing certain proceedings of the board of assessors

of the city of Elmira in making and returning the assessment

roll for the year nineteen hundred and six. Became a law, April 4, 1907, with the approval of the Governor. Passed,

three-fifths being present.

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

Section 1. The proceedings of the board of assessors of the city of Elmira, Chemung county, in giving notice of the completion of the assessment roll in said city for the year one thousand nine hundred and six; in extending the time for the hearing of complaints against the assessments of said roll from eleven to eighteen days; in adding assessments to said roll during said eleven days; in reducing assessments on said roll during said cighteen days; in keeping the names of the persons assessed, the nature of the property and the amount of the assessment on separate and detached sheets placed in said roll; in giving notice by mail to persons of personal assessments added and increased on said roll, for the year one thousand nine hundred and six, are hereby ratified, confirmed and legalized, and shall have the same force and effect as if said acts had been done at the time and in the manner prescribed by statute.

§ 2. The tax levied by the board of supervisors of the county of Chemung upon the property of the tax payers of the city of Elmira based upon said assessment roll, made by said assessors for the year one thousand nine hundred and six, and the warrant issued by said board of supervisors, are hereby ratified, confirmed and legalized, and shall have the same force and effect as if all the acts of said assessors in making and returning said roll had been done at the time and in the manner prescribed by statute.

§ 3. This act shall take effect immediately.

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