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amended.

etc.

or the vacancy is filled. All the post-mortem examinations shall Postbe performed under and by the direction of the coroner of said aminations. county in cases investigated by such coroner by such necrotomist, or, in the event of his absence from the county or inability to act, by some competent surgeon designated by the coroner. Compensation for such temporary service shall be a county charge to be audited and paid in the same manner as other county charges.

§ 3. Sections four and five of said act are hereby amended to sf 4,5 read as follows:

§ 4. The compensation of said physician, necrotomist, clerk and Compensaother employees and assistants shall be fixed by the board of super- physician, visors of said county, and shall be audited and paid in the same manner in which other county charges are audited and paid.

§ 5. The coroner of said county, in all cases of suspected poison- Chemical ing, may procure an order from a justice of the supreme court or the county judge of said county, directing a chemical analysis to be made. Said order presented to a chemist shall be sufficient authority for said chemist to make such chemical examination. Such chemist shall receive a reasonable compensation for his services to be audited and paid in the same manner as other county charges.

§ 4. Section seven of said act, as last amended by chapter sixty- $7 four of the laws of eighteen hundred and eighty-five, is hereby amended to read as follows:

§ 7. All acts or parts of acts inconsistent with the provisions of Inconsistthis act are hereby repealed so far as they relate to or affect said county of Onondaga. All the provisions of this act, so far as they Application do not conflict with the tenure of office of, or the compensation in office. now allowed by law to, the coroner now in office in said county, shall be construed as applicable to said coroner now in office.

8 5. This act shall take effect immediately.

amended.

ent acts.

CHAPTER 72
AN ACT to legalize the acts and proceedings of the board of supervisors

of the county of Suffolk and of the officers, agents and voters of the town
of Huntington and of the Huntington fire district, in relation to proceed-
ings for the extension of such district, and for the authorization of the
issuance of the bonds of such district, and legalizing and validating such

bonds. Became a law March 3, 1925, 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 resolution of the board of supervisors of the Proceedings county of Suffolk bearing date the fifteenth day of July, nineteen relative to hundred and eight, and duly adopted on such day, purporting to and extenform the Huntington fire district and the resolution of such board district,

legalized. bearing date the twenty-eighth day of January, nineteen hundred and twenty-four, and adopted on such day, purporting to annex certain territory to such district and all the acts and proceedings of the taxpayers, the officers and agents of such district, as orig

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inally established and thereafter extended, leading up to and including such resolutions, and all acts subsequent thereto relating to the formation of such district and the extension thereof, and all other acts by such board of supervisors or under their direction, heretofore taken pursuant to such resolutions, are hereby legalized, ratified and confirmed, notwithstanding any defect, irregularity or omission of any lawful requirement in, or lack of statutory authority for such resolutions, or in or for the formation of such fire district, or the extension thereof, or in any of such acts

or proceedings. Proceedings § 2. All of the acts and proceedings had and taken by the fire

commissioners, the officers, agents and qualified voters and taxpayers of such fire district, as originally established and thereafter extended, and of the agents and officers of the town of Huntington leading up to and including the special elections held on the seventh day of March, nineteen hundred and twenty-four, and on the seventeenth day of September, nineteen hundred and twenty-four, authorizing respectively the extension of such district and the issuance of bonds of such district in the sum of twenty-seven thousand dollars, are hereby legalized, ratified and confirmed, notwithstanding any defect, irregularity or omission in any such acts or proceedings or the lack of any statutory authority therefor.

3. All the acts and proceedings of the fire commissioners of

such district, subsequent to such special elections, are hereby legalsince elec- ized, ratified and confirmed, notwithstanding any defect, irregu

larity or omission of any lawful requirement in or the want of Dond issue any statutory authority for such acts and proceedings; and the authorized. said fire commissioners are hereby authorized and empowered, to

issue bonds as authorized at such election and to sell and deliver the same upon the receipt of the amount to be paid therefor and such bonds when sold and delivered and paid for at not less than par value, shall become and be binding and valid obligations against the taxable property of such fire district, as originally established and thereafter extended.

§ 4. This act shall not affect any action or proceeding now pending in any court.

§ 5. This act shall take effect immediately.

Proceedings of commissioners

tions, legalized.

Pending actions.

CHAPTER 73

AN ACT to amend the town law, in relation to the compensation of con

stables in certain towns.

Became a law March 3, 1925, 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. Paragraph k of subdivision one of section eighty-five of chapter sixty-three of the laws of nineteen hundred and nine,

L. 1909, ch. 63, $ 85,

constables. certain

entitled "An act relating to towns, constituting chapter sixty-two subd. 1, of the consolidated laws," as added by chapter forty-four of the amended. laws of nineteen hundred and seventeen, and amended by chapter three hundred and twenty-eight of the laws of nineteen hundred and twenty, is hereby amended to read as follows:

k. The constables hereafter elected in any town of a county con- Salaries of taining two hundred thousand inhabitants or less, according to the last federal census or state enumeration, adjoining a city of the counties. first class containing a population of over one million, shall receive annual salaries to be fixed by the town board at not exceeding three thousand dollars each. The salaries of the constables in any such town shall be uniform. Such salaries shall be determined before the first biennial town meeting hereafter held, but may be diminished or increased, within such limitation, by the town board from time to time, with respect to constables to be thereafter elected. The town board may provide for the payment of such salary in either monthly or quarterly instalments. The Expenses. constables hereafter elected in any such town shall not receive to their own use any other compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. The accounts for such expenses shall be audited and paid by the town board monthly. All fees or charges payable by law to constables of any such town for any belong to services in their official capacity shall be collected by such constables, but shall belong to the town, and the amount collected shall be paid over, on or before the fifth day of each month, to the supervisor.

2. This act shall take effect immediately.

Fees and charges to

town.

CHAPTER 74

AN ACT to extend for two years the time of Frontier Electric Railway

Company to begin and finish the construction of its railroad. Became a law March 3, 1925, 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 time within which Frontier Electric Railway Company, a corporation of the state of New York, may begin the construction of its road, and expend thereon ten per centum of the amount of its capital, and the time within which said corporation may finish its road and put the same in operation, is hereby extended for two years beyond the time when the same would expire under the provisions of chapter two hundred and thirty-six of the laws of nineteen hundred and twenty-three, and the corporate powers and existence of said company are hereby continued for such extended period, and shall not cease for a

new.

1 Word “be” 2 Formerly “two thousand dollars."

failure to begin the construction of or finish its railroad and put
the same in operation unless such failure is continued beyond the
expiration of the extension of two years hereby made.

§ 2. This act shall take effect immediately.

CHAPTER 75

AN ACT to amend the membership corporations law, in relation to agree

ments between cemetery corporations and executors, administrators with
the will annexed and trustees under wills.

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Became a law March 3, 1925, 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 eighty-five of chapter forty of the laws of
nineteen hundred and nine, entitled "An act relating to member-
ship corporations, constituting chapter thirty-five of the consoli-
dated laws," as added by chapter three hundred and fifteen of
the laws of nineteen hundred and twelve, is hereby amended to
read as follows:

$ 85. Perpetual care of lots. Every corporation organized under or subject to the provisions of this article shall adopt a reasonable and uniform scale of prices to be charged for the perpetual care of all lots in such cemetery, which shall be separate from and in addition to the amount fixed as the price at which such lots will be sold and conveyed, and upon the application of a prospective purchaser of any such lot and upon the payment by such purchaser of the purchase price and the amount fixed as a reasonable charge for the perpetual care of such lot, as herein provided, shall include in the deed of conveyance an agreement to perpetually care for such lot. Such corporation shall also, upon the application of an owner of any lot and upon the payment of the amount fixed as a reasonable charge for the perpetual care of such lot, enter into an agreement with such owner to perpetually care for such lot. Such agreement shall be executed in the same manner as a deed is required to be executed and may be recorded as a deed of real property in the office of the clerk of the county in which such cemetery is located. On and after entering into such contract with such purchaser or owner shall be the duty of such corporation at all times thereafter to properly care for such lot. Any corporation organized under or subject to the provisions of this article which maintains and has set up a perpetual care fund for the perpetual care of lots in its cemetery may enter into an agreement in writing with any executor or executors, trustee or trustees, under a last will and testament, to whom there has heretofore been, or may hereafter be, bequeathed a sum for the perpetual care of any lot or lots in any such cemetery or with any administrator or administrators with the will

1 Remainder of section new.

annexed under any such will perpetually to care for such lot or lots under the provisions of the terms of such last will and testament, and subject in all cases to the approval of the surrogate's court having jurisdiction over such trust estate. Such approval shall be evidenced by the written endorsement of the surrogate on a duplicate original of such agreement filed in the surrogate's court. In case the surrogate shall approve such agreement any such executor, trustee or administrator with the will annexed thereupon shall pay over to the treasurer of such perpetual care fund of such cemetery association any moneys remaining or being in his hands belonging to such trust, and upon making such payment and accounting therefor to the surrogate's court may be discharged from said trust as such executor, trustee or administrator with the will annexed.

§ 2. This act shall take effect immediately.

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CHAPTER 76
AN ACT to amend the town law, in relation to the compensation of justicos

of the peace and town clerks in certain towns.
Became a law March 3, 1925, 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 seven-c of chapter sixty. L. 1909, three of the laws of nineteen hundred and nine, entitled "An act 169. relating to towns, constituting chapter sixty-two of the consoli. amended dated laws," as added by chapter six hundred and fifty-three of the laws of nineteen hundred and twenty, is hereby amended to read as follows:

§ 107-c. Salary of justices of the peace in lieu of all fees in certain towns. The town board of any town containing a population of fifty thousand or more according to the last preceding federal census or state enumeration may, in its discretion, by resolution, provide that the justices of the peace in such towns shall from the date of the adoption of such resolution receive an annual salary as fixed therein, not exceeding the sum of five thousand dollars, for all services rendered by them in criminal actions or pro ceedings had before them as such justices of the peace in which a charge would otherwise be made against the town or county and for all fees for services collected by them as such justices in civil actions or proceedings, or otherwise, and all such fees shall be paid over by them to the supervisor or supervisors of the town and shall be applicable to general town purposes.

§ 2. This act shall take effect immediately.

1

1 Formerly " three thousand dollars.”

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