Bonds validated. Bonds to be paid, when. Interest. Sale for not less than par. Bonds to recite this and redeeming said notes, or any renewals thereof, together with the accrued interest thereon, and for no other purpose, and when said bonds are so advertised, sold and issued, the same shall be known as funding bonds of the village of Scotia, and are hereby declared legal and valid obligations of said village of Scotia, and each and every act undertaken and begun in pursuance of the objects, or any object of this act, are and each of them is, ratified and declared valid. 3. The payment of the bonds so issued shall be as follows: Ten per centum of principal and the accumulated interest shall be payable each fiscal year for the first five years from the issuing of said bonds and thereafter the sum of one thousand dollars and interest each fiscal year until fully paid. Such bonds shall bear interest at a rate not exceeding five per centum per annum and shall be negotiated for not less than their par valuė. § 4. Such bonds shall contain a recital that they are issued in act; effect conformity with the provisions of this act, which recital shall be conclusive evidence of the validity and regularity of the issue of the same. of recital. Tax for payment. § 5. The board of trustees of the village of Scotia, in the manner provided by law, shall cause to be raised annually by the levy and collection of taxes, upon the taxable property of such village, such sums as shall be sufficient to pay the principal and interest on said bonds as the same shall become due and payable until said bonds and the interest thereon are duly paid. § 6. This act shall take effect immediately. Chap. 387. AN ACT to amend chapter eight hundred and ninety-eight of the laws of nineteen hundred and eleven, entitled "An act providing for the sale of the state arsenal lands and building in the city of New York, and the application of the proceeds of such sale to a new state arsenal lands and building, new buildings, repairs to state armories and for other purposes relative to the same," in relation to application of proceeds of sale of such arsenal lands and building and acquisition of lands. Became a law April 15, 1912, 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. 898. amended. Section 1. Sections two and three of chapter eight hundred L. 1911, and ninety-eight of the laws of nineteen hundred and eleven, en- §§ 2. 3 titled "An act providing for the sale of the state arsenal lands and building in the city of New York and the application of the proceeds of such sale to a new state arsenal lands and building, new buildings, repairs to state armories and for other purposes relative to the same," are hereby amended to read, respectively, as follows: ance, how § 2. The comptroller of the state is hereby authorized and conveydirected upon the final payment of the purchase price as specified made. in the contract authorized by the preceding section, to convey, on behalf of the people of the state, to the purchaser or purchasers named in said contract, or other lawful representatives or assigns, the tract or parcel of land and building thereon now owned and occupied by the state as a state arsenal in the city of New York, borough of Manhattan, situate at Seventh avenue and Thirty-fifth street. The purchase price for such state arsenal lands and build- Payment ing shall be paid to the comptroller and by him deposited to the sition of credit of the armory commission, to be applied by such commis- price. sion to a new state arsenal lands and building, new armories and repairs, improvements and betterments to present armory buildings, and for the other purposes enumerated in section one for which the proceeds of the sale of such state arsenal lands and building are to be used. 1 1 Remainder of section new. and dispo purchase Erection of new quarters for general, armories, etc. tion proccedings. authorized, 3 § 3. Upon the execution and approval of a contract for the arsenal, sale of the old state arsenal lands and building the armory comadjutant- mission is hereby authorized to purchase a new site and enter into contract for the erection thereon of a new arsenal building upon the site so acquired; to acquire lands and erect thereon and furnish a building for quarters for the adjutant-general of the state, division national guard, commission, society, bureau and museum described in section one;2 to acquire lands and erect new armories and to make repairs, improvements and betterments to present armory buildings wherever it may be deemed for the best interest Condemna of the state. In case the land, or any part thereof, necessary for such new arsenal site, armory sites or site for other buildings authorized to be constructed cannot be obtained by agreement with the owner or owners thereof, the said armory commission is hereby authorized to obtain title thereto for the people of the state by the exercise of the right of eminent domain by proceedings taken under and in accordance with the condemnation law.5 The contract price, however, for the construction of new buildings and for repairs, improvements and betterments to present armory buildings under the provisions of this act shall not exceed the purchase price of the old arsenal lands and building, and the armory commission shall make due provision in any building contract or contracts that the final payment or payments thereunder to the amount of the purchase price of the old arsenal lands and building shall not be payable until the maturity of said contract of sale, but in such case they may allow interest upon any payment that may necessarily be deferred, and such interest shall be, and be deemed to be, an incidental of the commission and paid as such. Contract price limited. 8 Word or omitted. in section one," new. 4 Words or site for other buildings authorized to be constructed," new. 1 Chap. 388. AN ACT to amend the code of civil procedure, in relation to appearances by the attorney-general in foreclosure actions. Became a law April 15, 1912, 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: added to Section 1. Section sixteen hundred and twenty-seven of the Subd. 3 code of civil procedure is hereby amended by adding thereto, after § 1627. subdivision two thereof, a new subdivision, to be subdivision three, to read as follows: of appearance general Sept. 1, 3. In all cases where, prior to September first, nineteen hundred Effect and eight, the attorney-general shall have appeared in behalf of by attorney. the people of this state, in an action for the foreclosure of a mort- prior to gage, such appearance shall be as valid and effectual as though 1908. chapter two hundred and eighty-four of the laws of nineteen hundred and eight had been in force at the time of such appearance, whether such actions were pending or concluded when such chapter took effect, anything in such chapter to the contrary notwithstanding, provided, however, that nothing herein contained shall affect the right or title of any person claiming such real property under letters patent issued by the people of the state, for a valuable consideration before this act shall take effect. § 2. This act shall take effect September first, nineteen hundred t and twelve. Sept. 1, 1912. Chap. 389. AN ACT to amend the code of civil procedure, in relation to the discharge of attachments. Became a law April 15, 1912, 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: amended. Section 1. Sections six hundred and ninety-three and six hun- ss 693, 694 dred and ninety-four of the code of civil procedure are hereby amended so as to read as follows: § 693. Partners may apply to discharge attachment. If a warrant of attachment is levied upon the interest of one or more part 1 ners, in the property of a partnership, the other partners or any of them, may at any time before final judgment, apply to the judge who granted the warrant, or to the court, upon an affidavit showing the facts, for an order to discharge the attachment, as to that interest. § 694.2 Undertaking to be given. Upon such an application, the applicant must give an undertaking, with at least two sufficient sureties, to the effect that they will pay to the sheriff, on demand, if judgment is recovered against the defendant whose interest in a partnership is so levied upon, an amount not exceeding a sum, specified in the undertaking, which must not be less than the value of the interest of the defendant, in the property seized by virtue of the attachment, as fixed by the court or judge. If the value, in the opinion of the court or judge, is uncertain, the sum shall be such as the court or judge determines. 2. This act shall take effect immediately. $ 221b added. Chap. 390. AN ACT to amend the code of criminal procedure, in relation to the examination of persons on a charge of having committed a crime. Became a law April 15, 1912, 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. Chapter seven of title three of part four of the code of criminal procedure is hereby amended by adding at the end thereof a new section to be section two hundred and twenty-one-b thereof, to read as follows: $ 221-b. Taking of examination, depositions and statements by official stenographer. Upon any examination provided for in this chapter, by or before any police justice or magistrate by whom an official stenographer shall have been appointed, under provision of law therefor, stenographic minutes of the proceedings and of the examination, depositions of witnesses and statement of the defendant, if any, shall be taken by such stenographer, and such 1 Words "the property" substituted for words "goods or chattels." 2 Section 694 is materially amended. |