proper officer of the faction or section of such party, which was recognized as regular by the last preceding state convention of such party; or, where no such convention has been held within the year, by the proper officer of the faction or section of such party which at the time of the filing of such list is recognized as regular by the state committee of such party. ment: nates. 4. Such appointment shall be made in writing and filed with the Appointthe town clerk, who shall forthwith notify each person so appointed form. of his appointment to such office, in the manner in which he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to such office. From the additional names, if any, contained on the lists so filed of persons qualified to serve as such, the town board shall Alterappoint inspectors of election in case of the resignation, declination or other incapacity of persons appointed in such office. If such lists contain no additional names of such persons, the town board shall fill vacancies caused by such resignation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of such board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appointment. ment of 5. Clerks in towns, for election districts in which the appoint- Appointment of clerks is authorized by section forty, shall be appointed clerks. in the manner provided in section one hundred and sixty. § 2. This act shall take effect immediately. CHAPTER 823 AN ACT to legalize the acts and proceedings of the board of supervisors of the county of Erie in the creation of Walden fire district number two in the town of Cheektowaga and the acts of the officers, agents and voters of said fire district preliminary to the issue of bonds of said fire district and providing for the issuance and payment of said bonds Became a law May 9, 1935, 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: lishment of Section 1. The acts and proceedings of the board of supervisors Estabof the county of Erie purporting to establish a fire district in the walden town of Cheektowaga, which has been designated Walden fire dis- Fire trict number two, are hereby ratified, approved and confirmed. No. 2 Said fire district is bounded and described as follows: Beginning at a point in the northerly line of Broadway at the city line separating the city of Buffalo, New York, from the town of Cheektowaga, New York, and proceeding northerly along the District ratifled. Арргоpriation for fire house legalized. Bonds authorized. said easterly side of city line to the south side of Straley street, The said fire district is also described as follows: East along the Buffalo city line from Broadway to Straley street, and south side of Straley street from the Buffalo city line to Harlem avenue, and west side of Harlem avenue from Straley street to Broadway and along the north side of Broadway from Harlem avenue to the point of beginning or the Buffalo city line. It is hereby determined and declared that all property within said boundaries is benefited by the creation of said fire district and said district is hereby declared to be legally established as a fire district and vested with the powers of a fire district under article eleven of the town law. § 2. All acts and proceedings had and taken by the commissioners and officers and qualified voters and taxpayers of said fire district leading up to and including the special election held on the thirtieth day of January, nineteen hundred thirty-five, appropriating the sum of twelve thousand five hundred dollars for the purpose of repairing and remodeling the burned fire house and repairing and remodeling the fire apparatus and fire truck of said district are hereby legalized, ratified and confirmed notwithstanding any defect, irregularity or omission in any such acts or proceedings. The board of fire commissioners of said fire district are hereby authorized to issue twelve thousand five hundred dollars fire house and equipment bonds of said fire district, dated April first, nineteen hundred thirty-five, of the denomination of five hundred dollars each, numbered one to twenty-five inclusive, bearing interest at a rate not to exceed six per centum per annum, payable semi-annually on the first days of April and October, and maturing one thousand dollars on April first in each of the years nineteen hundred thirty-six to nineteen hundred forty-three, both inclusive, and one thousand five hundred dollars on April first in each of the years nineteen hundred forty-four to nineteen hundred forty-six, both inclusive. Said bonds when sold in the manner provided by law and duly signed, sealed, delivered and paid for at not less than par value and accrued interest shall constitute valid and legally binding obligations of said Walden fire district number two, and that there shall be annually assessed, levied and collected, in the manner provided by law, a tax upon all taxable property in said fire district in an amount sufficient to pay the principal and interest of said bonds as the same respectively become due and payable. § 3. This act shall take effect immediately. 1 CHAPTER 824 AN ACT to provide for the issuance of certificates of indebtedness by the village of Green Island, Albany county to raise funds to purchase fire apparatus Became a law May 9, 1935, 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: Island vil. indebted authorized. Section 1. The board of trustees of the village of Green Island, Green Albany county, is hereby authorized and empowered to issue cer- lage certificate of indebtedness in anticipation of village taxes to be levied tificates of on the taxable property of the village of Green Island and on the ness faith and credit of the said village of Green Island in an amount not to exceed ten thousand dollars ($10,000), for the purpose of raising funds to purchase fire apparatus for the said village. Such certificates of indebtedness shall become due and payable one year from the date of issue, except that the board of trustees of the village of Green Island may by resolution duly adopted at any regular or special meeting of such board renew the same from year to year, in whole or part, provided however that the entire issue of said certificates of indebtedness is liquidated in a period of not more than ten years. The said board of trustees may by resolution at any regular or special meeting direct that the said certificates of indebtedness be issued. § 2. This act shall take effect immediately. CHAPTER 825 AN ACT to amend the surrogate's court act, in relation to the public adminis trator of the county of Kings Became a law May 9, 1935, 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: Act. Section 1. The opening paragraph of section one hundred and surr Ot. twenty-four of the surrogate's court act is hereby amended to read 124, as follows: amended. trator in The surrogate of the county of Kings shall, on or before the surrogate nineteenth day of October, nineteen hundred and eleven, and every to appoint five years thereafter, except as hereinafter provided, appoint a suit- adminis able person as public administrator of said county to hold office for King's the term of five years unless sooner removed for cause, the said county. term beginning on the nineteenth day of October, nineteen hundred and eleven. In case of a vacancy in said office by reason of death, Bond. Compen sation. resignation or otherwise said surrogate shall fill the same by appointing a suitable person as public administrator for the full term of five years from the date of such appointment and qualification. Before entering upon the performance of the duties of his office the person so appointed must take and subscribe before the county clerk, or a justice of the supreme court, the constitutional oath of office, and execute a bond with sureties to be approved by a justice of the supreme court, to the county of Kings, in a penal sum of fifty thousand dollars, conditioned for the faithful discharge. of all the duties of his office, and that he will fully and correctly account for and pay over all moneys and property that may come into his hands as such public administrator, according to law, which bond must be filed with the clerk of the county. He shall be entitled to retain from all moneys or property of any intestate that come into his hands after deducting all actual and necessary expenses and a commission of five per centum on all sums up to and including five thousand dollars and two and one-half per centum on all sums in excess thereof, and he shall receive a salary for his services to be fixed by the board of estimate and apportionment of the city of New York upon the recommendation of the surrogate of the county of Kings, the same to be raised and paid each year in the same manner as are other county charges. The public administrator shall not receive to his own use any fees or emoluments in addition to his salary, and he shall pay into the treasury of the city of New York all commissions and costs received. by him from any source whatever; such payments shall be made monthly and shall be accompanied by a sworn statement in such form as the comptroller of the city of New York shall prescribe, showing in detail the costs and commissions received and allowed to him. He shall deposit all moneys collected and received by him by virtue of his office, within two days after receipt thereof, in a bank or trust company to be designated by order of the surrogate of the county of Kings. A suitable office for said public administrator shall be provided for him in one of the county buildings in the county of Kings. The surrogate shall also appoint a counsel and a and clerk. clerk to said public administrator, their salaries to be fixed by the board of estimate and apportionment of the city of New York upon the recommendation of said surrogate and to be raised and paid each year in the same manner as are other county charges. He shall have the prior right and authority to collect, take charge of and administer upon the goods, chattels, personal property and debts of persons dying intestate, and for that purpose to maintain suits as such public administrator as any executor or administrator might by law in the following cases: Counsel Powers. § 2. This act shall take effect immediately. CHAPTER 826 AN ACT to amend chapter four hundred ten of the laws of eighteen hundred eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,” in relation to fees of auctioneers on sale of real estate Became a law May 9, 1935, with the approval of the Governor. on message of necessity, three-fifths being present Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 410, Section 1. Section nineteen hundred and ninety-five of chapter L. 1882, four hundred and ten of the laws of eighteen hundred eighty-two, 1995, entitled "An act to consolidate into one act and to declare the amended. special and local laws affecting public interests in the city of New York," as last amended by chapter five hundred and sixty-seven of the laws of nineteen hundred twenty-nine, is hereby amended to read as follows: auctioneer's § 1995. No auctioneer shall hereafter demand or receive for his Real estate services, in selling, at public auction, any real estate directed to fees. be sold by any judgment or decree of any court of this state, a greater compensation or fee than fifty dollars for each parcel separately sold, except that in all sales of real estate conducted by any auctioneer pursuant to a judgment or decree of any court of this state in any action brought to foreclose a mortgage or other lien on real estate, the fees of such auctioneers shall be as follows: in all cases where the judgment of foreclosure is for an amount not exceeding five thousand dollars, the fee shall be fifteen dollars; in all cases where the judgment of foreclosure is for an amount in excess of five thousand dollars, but not exceeding twenty-five thousand dollars, the fee shall be twenty-five dollars; in all cases where the judgment of foreclosure is for an amount in excess of twentyfive thousand dollars, the fee shall be fifty dollars; but where such sale is made at any public salesroom, said auctioneer may demand and receive such further amount not exceeding five dollars for each parcel separately sold as he may have actually paid for the privi lege or right of making said sale in such salesroom as aforesaid, but where one or more lots are so sold at public auction with the privilege to the purchaser of taking one or more additional lots at the same rates or price, nothing herein contained shall be construed to prevent the auctioneer making such sale from demanding and receiving for his services the compensation or fee above allowed, for each additional lot taken by such purchaser under such optional privilege. § 2. This act shall take effect immediately. |