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Engineers, L. 1904, ch. 200; Appraisers, L. 1904, ch. 335.
$ 15. Approval of act by people. This law shall not take effect until it shall at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and the same shall be submitted to the people of this state at the general election to be held in November, nineteen hundred and three. The ballots to be furnished for the rise of voters upon the submission of this law shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely: "Shall chapter (here insert the number of this chapter) of the laws of nineteen hundred and three, entitled · An act making provision for issuing bonds to the amount of not to exceed one hundred and one million dollars for the improvement of the Erie canal, the Oswego canal and the Champlain canal, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and three'be approved?”
(3) Terms of office of Consulting Engineers. L. 1904, ch. 200. An act relating to the terms of office of consulting
engineers appointed pursuant to chapter one hundred and forty-seven of the laws of nineteen hundred and three. [In effect April 4, 1904.)
§ 1. The terms of office of the civil engineers appointed to act as an advisory board of consulting engineers, pursuant to the provisions of chapter one hundred and forty-seven of the laws of nineteen hundred and three, entitled "An act making provision for issuing bonds to the aniount of not to exceed one hundred and one millions of dollars for the improvement of the Erie canal, the Oswego canal and the Champlain canal, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and three,” shall continue during the construction of the work authorized by that act. Vacancies in the offices of such engineers shall be filled by the governor by and with the advice and consent of the senate for terms beginning with the date of appointment and continuing during the construction of such work.
(4) Special Appraisers. L. 1904, ch. 335. An act providing for the appraisal of lands, struc
tures and waters for the use of the improved canals as authorized by chapter one hundred and forty-seven of the laws of nineteen hundred and three. (In effect April 14, 1904.)
Appraisers (L. 1904, ch. 335), $ 1. § 1. The governor by and with the advice and consent of the senate shall appoint three special examiners and appraisers for the term of four years whose duty it shall be, under the direction of the canal board, to visit and inspect the lands, structures and waters, or property rights appertaining thereto, appropriated for the use of the improved canals, and for the purposes of the work and improvement authorized by chapter one hundred and fortyseven of the laws of nineteen hundred and three, as provided by section four of such act. The compensation of such examiners and appraisers shall be fixed by the governor at an amount not exceeding the sum of five thousand dollars per year and they shall be entitled to receive twenty-five hundred dollars in lieu of expenses. The board shall have power to appoint a secretary at a salary not to exceed the sum of three thousand dollars. Such special examiners and appraisers, either upon the application of the owners of such lands, structures and waters, or property rights pertaining thereto, or at their own instance or that of any of them, may fix and determine with each or any of said respective owners upon a fair valuation of any specific portion of said real property, structures, waters or property rights connected therewith, and may agree upon a price to be paid therefor by the state and accepted by said respective owner or owners in full compensation for such specific property or rights, or for the damage caused by said work or improvement. Such agreements shall be reduced to writing and signed by such owner or owners and by said special examiners and appraisers and shall be submitted by such examiners and appraisers, with a detailed report thereon, to the canal board. If, in the opinion of said canal board, it is possible by means of such appraisal and agreement, to acquire for the state a good title to the entire interest of any specific parcel of land or other property or right necessary for said improvement, within the survey made by the state engineer and certified by him, pursuant to section four of chapter one hundred and forty-seven of the laws of nineteen hundred and three, and that it will be for the advantage of the state to obtain such specific property or right without condemnation proceedings or resort by said owners to the Court of Claims, said canal board shall approve such agreements so entered into with such owners and upon the presentation and delivery of proper conveyances duly approved by the attorney-general, said canal board may certify its acceptance thereof to the comptroller for payment under the provisions of section thirteen of chapter one hundred and forty-seven Exemptions (L. 1847, ch. 133) S 10. of the laws of nineteen hundred and three to the owner or owners severally named therein. The treasurer shall pay to such owner or owners, upon the warrant of the comptroller, after due audit by him, the amounts specified in such certificates.
See Forest, Fish and Game Law, $ 217a, post.
L. 1847, ch. 133, § 10 (C. & G.'s General Laws, p. 529), as amended by L. 1877, ch. 31, amended by L. 1904, ch. 237, in effect April 6, 1904, as follows:
$ 10. Exemption of certain cemetery property.— The cemetery lands and property of any association formed pursuant to this act, and any property held in trust by it for any of the purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such cemeteries, their beirs or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery, and during that time no street, road, avenue or public thoroughfare shall be laid out through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the consent of the trustees of such association, and of two-thirds of the lot owners thereof, and then only by special permission of the legislature of the state. (Amended by L. 1877, ch. 31, and L. 1904, ch. 237, in effect April 6, 1904.)
Exemption does not include municipal water rights.- Water rights assessed against cemetery property by a municipal corporation are not public assessments within the meaning of this section, but partake of the nature of assessments for local improvements notwithstanding that they are levied annually and that they do not represent the cost of construction and maintenance of the particular pipe and supply therein in front of the premises in question. Batterman v. City of New York, 65 App. Div. 576, 73 N. Y. Supp. 44.
L. 1869, ch. 727, § 4, as added by L. 1898, ch. 543. Lot owners' rights. (C. & G.'s Gen. Laws, p. 530.)
Removal of bodies.-- The provisions of the above section authorizing the removal of the body of a widow from a cemetery lot, “to some other family lot or tomb with the consent of her heirs" do not entitle State Charities Law (L. 1896, ch. 546), art. iii.
the children of a woman who was buried in a cemetery owned by a religious corporation, in the portion thereof set apart for persons who did not own a family lot, to exhume the body and reinter it beside the remains of her husband in a family lot subsequently purchased by them in another cemetery. Matter of Cohen, 76 App. Div. 401, 78 N. Y. Supp. 417.
L. 1879, ch. 310. An act to prevent the selling of lands used for cemetery purposes. (C. & G. Gen. Laws, p. 533.)
Effect of provisions of city charter.-- The provisions of the charter of the city of Yonkers that the expenses of certain local improvements shall be assessed upon lands benefited thereby, do not repeal by implication the provisions of the above act so far as the same are applicable to the city of Yonkers. Oakland Cemetery v. City of Yonkers, 63 App. Div. 448, 71 N. Y. Supp. 783.
CHARITIES AND CORRECTIONS.
(1) Amendments to state charities law....
103 129 130 132 135 135
(1) The State Charities Law. (L. 1896, ch. 546.)
Subdivision 12 of § 9, in relation to approval of plans for charitable institutions, as added by L. 1899, ch. 504, repealed by L. 1902, ch. 252, $ 2, in effect April 1, 1902. See C. & G.'s General Laws, etc., p. 541.
Article 3 as amended by L. 1899, ch. 436, amended by L. 1902, ch. 252, in effect April 1, 1902, to read as follows:
Regulation of State Charitable Institutions and Reports to and
Accounts against Municipalities.
41. Office and clerical force of fiscal supervisor.
State Charities Law (L. 1896, ch. 546), SS 40, 41, 42. 51. Reports to supervisors of appointments and committals to
supervisors and cities.
§ 40. Fiscal supervisor of state charities.-- The office of fiscal supervisor of state charities is hereby created. On or before April fifteenth, nineteen hundred and two, the governor shall appoint, by and with the advice and consent of the senate, a fiscal supervisor of state charities. A successor to such supervisor shall be appointed in like manner. The term of office of the fiscal supervisor of state charities shall be five years, and he shall be paid by the state an annual salary of six thousand dollars and his actual and necessary expenses. If a vacancy shall occur, otherwise than by expiration of term, in the office of fiscal supervisor of state charities, a fiscal supervisor of state charities shall be appointed in the manner provided by this section for the unexpired term of his predecessor. (Added by L. 1902, ch. 252, in effect April 1, 1902.)
§ 41. Office and clerical force of fiscal supervisor.— The fiscal supervisor of state charities shall be provided by the proper authorities with a suitably furnished office in the state capitol. He may employ a secretary, a stenographer and such other employes as may be needed. The salaries and reasonable expenses of the fiscal supervisor and the necessary clerical assistants shall be paid by the treasurer of the state, on the warrant of the comptroller, out of any moneys appropriated therefor. (Added by L. 1902, ch. 252, in effect April 1, 1902.)
$ 42. Powers and duties of fiscal supervisor.— The fiscal supervisor shall, as to the state charitable institutions, the New York State School for the Blind and the Elmira Reformatory:
1. Visit each of such institutions at least twice in each calendar year.
2. Examine into the condition of all buildings, grounds and other property connected with any such institution, and into all matters relating to its financial management, and for such purpose he shall have free access to the grounds, buildings, and all books, papers, property and supplies of any such institution; and all persons connected with any such institution shall give such information and afford such facilities for such examination or inquiry as the supervisor may require.