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Chap. 30.

AN ACT to extend the time for the collection of county taxes in the city of Auburn.

Passed February 26, 1875; 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 for the collection of county taxes, now levied and uncollected in the city of Auburn, is hereby extended to the first day of May next; provided, the treasurer and tax-receiver shall pay over the money already collected by him, and renew his bond to the satisfaction of the county treasurer of Cayuga County, and in such case the warrants shall continue in full force and effect until said first day of May.

§ 2. This act shall take effect immediately.

Chap. 31.

AN ACT to provide payment for the services of certain officers and employees of the Assembly.

Passed February 26, 1875; three-fifths being present.

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

SECTION 1. The claims of the officers and employees of the Assembe audited bly of eighteen hundred and seventy-four, who have served in the Assembly of eighteen hundred and seventy-five from its organization until the appointment of their successors, for services and mileage, and of the officers of the Assembly of eighteen hundred and seventy-four, for services rendered pursuant to resolutions of the same, after the adjournment thereof, shall be audited by the Speaker of the Assembly, and such sum as shall be found due and allowed by him to each of said officers for such services and mileage (but in no case to exceed the rate such officers were respectively entitled to receive for like services and mileage during the session of eighteen hundred and seventy-four), shall be paid by the Comptroller upon the certificate of the said Speaker of the amount so found due and allowed by him to each of said officers respectively. In no case shall any person receive double compensation for any services rendered this Legislature.

How paid.

Appro

§2. The sum of thirty-five hundred dollars or so much thereof as priation. may be necessary, is hereby appropriated out of any funds in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of the preceding section.

§ 3. This act shall take effect immediately.

Chap. 32.

AN ACT further to amend chapter forty-nine of the laws of eighteen hundred and seventy, entitled "An act to amend the act entitled an act in relation to preferred causes in the Supreme Court and Court of Appeals," passed April fifth, eighteen hundred and sixty.

Passed February 26, 1875.

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

SECTION 1. Section one of chapter forty-nine of the laws of eighteen hundred and seventy entitled "An act to amend the act entitled an act to amend the act entitled an act in relation to preferred causes in the Supreme Court and Court of Appeals," passed April fifth, eighteen hundred and sixty, is hereby further amended so as to read as follows: § 1. Section one of the act entitled an act in relation to preferred. causes in the Supreme Court and Court of Appeals, passed April fifth, eighteen hundred and sixty, is hereby amended so as to read as follows: §1. Actions in which executors and administrators are sole plaintiffs Preferred or sole defendants, and actions for the construction of, or adjudication fined. upon, a will in which the administrators with such will annexed, or the executors of such will, are joined as plaintiffs or defendants with other parties, shall have a preference in the Court of Appeals, and in all courts of record at the circuit trial, special and general terms thereof, over all actions except in criminal cases, and may be moved out of their order accordingly..

§ 2. This act shall take effect immediately.

Chap. 33.

AN ACT supplementary to an act passed May twentieth, eighteen hundred and seventy-two, entitled "An act to amend the several acts relating to the city of Rochester."

Passed February 26, 1875; three-fifths being present.

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

SECTION 1. Section twenty-three of an act passed May twentieth, eighteen hundred and seventy-two, entitled "An act to amend the several acts in relation to the city of Rochester," is hereby amended so as to read as follows:

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§ 23. In case the said water commissioners shall seek to acquire any Lands of a lands or any easement, water or other right or privilege in or connected corpora with any lands, which shall belong to any corporation having the right and in of taking private property for a public use, commissioners of appraisal shall not be appointed, unless it shall appear to the court that the title, ter com right, interest, water right, easement or privilege so sought to be ers may acquired, does not embrace any of the special corporate rights, privi- acquire. leges or franchises granted to the corporation owning such lands or other rights, nor anything which is essential to the exercise and enjoy

mission

water

sioners,

extent of

ment of such corporate rights and privileges. And in case commisRights of sioners are appointed by the court, the water commissioners shall commis acquire no greater or other rights by the proceedings than they would have acquired if the property, right or privilege sought had belonged Damages, to a private individual, and in the estimate of damages made by such how esti commissioners of appraisal, nothing shall be included for any corporate right, interest, privilege or franchise of the corporation owning the property to be taken, but the same shall be estimated, precisely as if the property belonged to some private individual.

mated.

Trustees.

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office of.

§ 2. This act shall take effect immediately.

Chap. 34.

AN ACT act to further amend chapter two hundred and four of the laws of one thousand eight hundred and sixtyfour, entitled "An act to amend and consolidate the several acts relating to the village of Lansingburgh."

Passed February 26, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of title two of chapter two hundred and four of the laws of one thousand eight hundred and sixty-four, entitled "An act to amend and consolidate the several acts relating to the village of Lansingburgh," is hereby further amended so as to read as follows: § 4. The trustees of the present board shall continue in office until the expiration of the respective terms for which they were elected; and at the annual election to be held next after the passage of this act, and at every succeeding annual election thereafter, there shall be elected one. trustee in each ward of said village, who shall be an elector of the ward for which he is elected, and removal from such ward shall vacate said office. The term of office for trustees shall be two years. The president and treasurer shall hold office for two years. The police justices hereafter elected shall hold office for the term of four years and until others shall be elected and qualified.

§ 2. This act shall take effect immediately.

Chap. 35.

AN ACT supplementary to chapter two hundred and seventy-three of the laws of eighteen hundred and sixtysix, entitled "An act authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in defense of the Union," passed March thirty, eighteen hundred and sixty-six.

Passed February 26, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In cases where any association, mentioned in an act entitled "An act authorizing the incorporation of associations to erect

monuments to perpetuate the memory of soldiers who fell in defense of the Union," passed March thirty, eighteen hundred and sixty-six, has been formed, or shall hereafter be formed, in any city, neither the supervisors of such city, nor the justices of the peace thereof, nor any of them, shall be, ex officio, a trustee of such association after the passage of this act.

hall may

§2. Any such association may erect, as the monument contemplated Memorial by said act, a memorial hall or building, and may take and hold the real be erectestate necessary or proper for that purpose; but the net annual income ed. thereof shall not exceed twenty-five thousand dollars. §3. This act shall take effect immediately.

Chap. 36.

AN ACT to legalize and confirm the official acts of William
Burr, a justice of the peace in the town of Lindley, in
Steuben county, and to enable him to take and file his
oath of office.

Passed February 26, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All acts and proceedings by or before William Burr, a Official acts legal justice of the peace of the town of Lindley, in the county of Steuben, ized. since the first day of January, eighteen hundred and seventy-four, are hereby declared as valid and of as full effect as if he had taken and filed his oath of office within the time required by law; but this act shall not affect the rights of any party to any suit or proceeding commenced before the passage of this act.

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§ 2. The said William Burr may within twenty days after this act shall official take effect, take and file his official oath as justice of the peace, and he take shall thereupon be entitled to enter upon and discharge the duties of said office during the residue of said term.

§ 3. This act shall take effect immediately.

Chap. 37.

AN ACT to amend chapter six hundred and five of the laws of eighteen hundred and seventy-four, entitled "An act to authorize the Canal Commissioners to build a road or street bridge over the Erie canal, on Goodman street, at the east boundary line of the city of Rochester," passed June fifth, eighteen hundred and seventy-four.

Passed March 3, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section second of the act entitled "An act to authorize the Canal Commissioners to build a road or street bridge over the Erie canal, on Goodman street, at the east boundary line of the city of Rochester," passed June fifth, eighteen hundred and seventy-four, is hereby amended so as to read as follows:

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§ 2. The Canal Commissioners before prosecuting any work in pursuance of this act, shall require and receive a full and sufficient release, be obtain properly executed and acknowledged, and delivered free of all expense to the State, of all claims for damages in consequence of said bridge or of the approaches or embankment of the same, as herein provided to be built; and also a good and sufficient license or permission to the State, duly and properly executed, acknowledged and delivered as aforesaid, to alter. raise, or change such bridge, approaches or embankment, wherever and whenever necessary (which necessity is to be determined by the Canal Commissioners), from all persons whose property, rights or interest may be affected by said bridge, approaches or embankment herein provided to Approach be built. But on the south side of said canal and bridge, said Commissioners shall construct the piers, abutments and superstructure only, and not any approach to said bridge on that side.

on south

side of

bridge

not to be construct

ed.

Real estate of resident aliens,

take by

devise or

descent.

§ 2. This act shall take effect immediately.

Chap. 38.

AN ACT to amend section one of chapter two hundred and sixty-one, of the laws of eighteen hundred and seventy-four, entitled "An act to amend an act entitled 'An act to enable resident aliens to hold and convey real estate, and for other purposes,' passed April thirty, eighteen hundred and forty-five," passed April twentyseven, eighteen hundred and seventy-four.

Passed March 3, 1875; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter two hundred and sixty-one of the laws of eighteen hundred and seventy-four, entitled "An act to amend an act entitled 'An act to enable resident aliens to hold and convey real estate, and for other purposes,'" passed April thirty, eighteen hundred and forty-five, is hereby amended so as to read as follows, to wit:

§ 1. Section four of chapter one hundred and fifteen of the laws of eighteen hundred and forty-five, entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes," passed April thirty, eighteen hundred and forty-five, is hereby amended so as to read as follows, to wit:

§ 4. If any alien resident of this State, or any naturalized or native citizen of the United States, who has purchased and taken, or hereafter shall purchase and take, a conveyance of real estate within this State who may has died, or shall hereafter die, leaving persons who, according to the statutes of this State, would answer the description of heirs of such deceased person, or of devisees, under his last will, and being of his blood, such persons so answering the description of heirs, or of such devisees of such deceased person, whether they are citizens or aliens, are hereby declared and made capable of taking and holding, and may take and hold, as heirs, or such devisees of such deceased person, as if they were citizens of the United States, the lands and real estate owned and held by such deceased alien or citizen at the time of his decease. But if any of the persons so answering the description of heirs, or of

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