Page images
PDF
EPUB

in relation to transportation corporations, constituting chapter forty of the general laws," as amended by chapter nine hundred and seventy-two of the laws of eighteen hundred and ninety-five, is hereby amended to read as follows:

§ 62. Inspector of gas meters.- The governor shall nominate and by and with the consent of the senate appoint an inspector of gas meters, who shall have an office in the city of New York, whose duty it shall be, when required, to inspect, examine, prove and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of illuminating gas furnished by any gaslight corporation in this state or corporation engaged in supplying natural gas to consumers, to or for the use of any person or persons, and, when found to be or made correct, to seal, stamp or mark all such meters, and each of them, with some suitable device, which device shall be recorded in the office of the secretary of state. Such inspector shall hold his office for the term of five years and until the appointment of his successor, but may be removed by the governor for sufficient cause. He shall receive an annual salary of five thousand dollars, to be paid in the first instance out of the state treasury on the warrant of the comptroller, which shall be charged to and paid into the state treasury by the several gas corporations in this state, in amounts proportionate to the amount of the capital stock of such corporations respectively, to be ascertained and assessed by the comptroller of the state. If any such corporation shall refuse or neglect to pay into the state treasury the amount or portion of such salary required of them respectively, for the space of thirty days after written notice given it by the comptroller to make such payment, then the comptroller may maintain an action, in his name of office, against any such delinquent corporation for its por tion or amount of such salary, with interest thereon at the rate of ten per centum per annum from the time when such notice was given and the costs of the action.

§ 2. This act shall take effect immediately.

Chap. 488.

AN ACT for the relief of James C. Hale.

Became a law May 17, 1897, 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:

receive

grant pen

sion.

Section 1. The adjutant-general is hereby authorized to receive Adjutantgeneral proofs, in pursuance of sections one hundred and twenty-nine, one may hundred and thirty and one hundred and thirty-one of the military proofs and code, as to injuries received by James C. Hale a former member of the national guard, at Buffalo creek, in the year eighteen hundred and seventy-seven, and to grant to said James C. Hale, or to his widow or minor children, a pension on account of such injuries, notwithstanding any settlement heretofore made with the state by the said James C. Hale, or any previous application for a pension in respect thereof or any action had thereon.

into consideration

paid.

§ 2. The adjutant-general may, in the consideration of this claim, May take take into account any money heretofore paid by the state to the money said James C. Hale, as a remuneration or pension for injuries received by him at Buffalo creek, in the year eighteen hundred and seventy-seven.

§3. This act shall take effect immediately.

Chap. 489.

AN ACT to amend the tax law, in relation to receipts for taxes.
Became a law May 17, 1897, 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 ninety-four of chapter nine hundred and eight of the laws of eighteen hundred and ninety-six, entitled "An act in relation to taxation, constituting chapter twenty-four of the general laws," is hereby amended to read as follows:

§ 94. Receipts for taxes.-The collector shall deliver a receipt to each person paying a tax, specifying the date of such payment, the name of such person, the description of the property as shown on the assessment-roll, the name of the person to whom the same Vol. I 79

is assessed, the amount of such tax, and the date of the delivery to him of the assessment-roll on account of which such tax was paid. For the purpose of giving such receipt, each collector shall have a book of blank receipts, so arranged that when a receipt is torn therefrom a corresponding stub will remain. The state board of tax commissioners shall prescribe the form of such receipts, stubs and books and they shall be furnished to the collector by the board of supervisors, at the expense of the county. At the time of giving such a receipt, the collector shall make the same entries on the corresponding stub as are required to be made on the receipt. Such book shall be subject to public inspection and shall be filed by the collector with his return, together with the assessment-roll in the office of the county treasurer.

§ 2. Said chapter is hereby amended by adding thereto a new section following section ninety-four to be known as section ninetyfive, and to read as follows:

§ 95. Article, how applicable.—This article shall apply to all the cities or towns of the state, ir so far as the matters herein provided for do not conflict with the special and local laws of such cities or towns.

§ 3. This act shall take effect immediately.

Chap. 490.

AN ACT to amend the tax law, in relation to description in conveyance made by county treasurers.

Became a law May 17, 1897, 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 one hundred and fifty-three of chapter nine hundred and eight of the laws of eighteen hundred and ninety-six, entitled "An act in relation to taxation, constituting chapter twentyfour of the general laws," known as the tax law, is hereby amended to read as follows:

§ 153. Conveyance by county treasurer.- If such real estate, or any portion thereof, be not redeemed as herein provided, the county treasurer shall execute to the purchaser a conveyance of the real estate so sold, the description of which real estate shall include a specific statement of whose title or interest is thereby conveyed,

so far as appears on the record, which conveyance shall vest in the grantee an absolute estate in fee, subject, however, to all claims the county or state may have thereon for taxes or liens or incumbrance. The county treasurer shall receive from the purchaser fifty cents for preparing such conveyance, and ten cents additional for each piece or parcel of land described therein, exceeding the first. All purchases made for the county shall be included in one conveyance for which the county treasurer shall receive ten dollars. Every such conveyance shall be executed by the treasurer of the county, under his hand and seal, and executed and acknowledged as other conveyances of real estate. Every certificate of conveyance executed by the county treasurer under this act may be recorded in the same manner and with like effect as a conveyance of real estate properly acknowledged or proven. The money received by the county treasurer on every such sale shall be applied by him, after deducting the expenses thereof, in like manner as if the same had been paid to him by the collectors of the several towns. § 2. This act shall take effect immediately.

Chap. 492.

AN ACT to amend section twenty-eight hundred and thirty-eight
of the code of civil procedure, relative to the application for
ancillary letters to foreign guardian.

Became a law May 17, 1897, with the approval of the Governor.
Passed, a majority being present.

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

Section 1. Section twenty-eight hundred and thirty-eight code of the code of civil procedure is hereby amended as follows:

aihended.

tion for

letters to

guardian.

§ 2838. Where an infant, who resides without the state and Applicawithin the United States, is entitled to property within the state, ancillary or to maintain an action in any court thereof, a general guardian of foreign his property, who has been appointed by a court of competent jurisdiction, within the state or territory where the ward resides, and has there given security, in at least twice the value of the personal property, and of the rents and profits of the real property, of the ward, may present, to the surrogate's court having jurisdiction, a written petition, duly verified, setting forth the facts, and praying for ancillary letters of guardianship accordingly. The petition must

Applica

tion where infant resides in foreign country.

When takes

effect.

be accompanied with exemplified copies of the records and other papers, showing that he has been so appointed, and has given the security required in this section, which must be authenticated in the mode prescribed in article seventh of title third of this chapter, for the authentication of records and papers, upon an application for ancillary letters testamentary, or ancillary letters of adminis tration.

2. Where an infant who resides without the state and within a foreign country is entitled to personal property within the state, or to maintain an action, or special proceeding in any court thereof respecting such personal property, a general guardian of his property, authorized to act as such within the foreign country where the ward resides, may apply to the surrogate's court of the county where such personal property or any part thereof is situated, for ancillary letters of guardianship on the personal estate of such infant, and the person so authorized must present to the surrogate's court having jurisdiction a written petition duly verified, setting forth the facts and praying for ancillary letters of guardianship on the personal estate of such infant. The petition must be accompanied with the exemplified copies of the records and other papers showing the appointment of such foreign guardian, or where such foreign guardian has not been appointed by any court, with other proof of his authority to act as such guardian within such foreign country, and also with proof that pursuant to the laws of such foreign country, such foreign guardian is entitled to the possession of the ward's personal estate. Exemplified copies of the records, where used pursuant to this subdivision, must be authenticated by by the the seal of the court, or officer, by which or by whom such foreign guardian was appointed, or the officer having the custody of the seal or of the record thereof, and the signature of a judge of such court, or the signature of such officer and of the clerk of such court or officer, if any; and must be further authenticated by the certificate, under the princi pal seal of the department of foreign affairs, or the department of justice of such country, attested by the signature or seal of a United States consul.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

« PreviousContinue »