Village Law (L. 1897, ch. 414), § 329.

of such proposition, a certificate containing a description of the territory sought to be excluded, stating the assessed valuation thereof and the number of inhabitants therein, shall be filed in the town clerk's office of each town, and in the county clerk's office of each county in which the village is wholly or partly situated, and also in the office of the secretary of state. Territory so excluded from the village shall not be relieved from bearing its proportionate share of any liability or indebtedness incurred by such village while such territory was a part thereof, and until such liability is discharged, or such indebtedness paid, the proportionate share to which such territory would be liable if it had not been excluded shall be levied upon, assessed and collected from such territory by the proper officers of such village, in the same manner as if such territory had not been excluded therefrom. Provided however that this section shall not apply to any county in the state which has adopted, or may hereafter adopt, the system of highway improvement under chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight or the acts amendatory thereof. (Added by L. 1903, ch. 606, in effect May 15, 1903.)

§ 329. Two or more adjoining villages either wholly subject to this chapter, or one or more wholly subject to this chapter and one or more incorporated by special act of the legislature, may be consolidated by adopting a proposition therefor at any election, which shall be held in each of such villages on the same day, but not after the last day of January and before the date of the annual election. At least ten days before such special election the board of trustees of such villages shall meet in joint session and determine on the name for the consolidated village, and shall forthwith file a certificate specifying such name in the office of the clerk of each village. The ballots to be used at such election may be written or printed and shall contain either the words for the consolidation of the vil lage of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trustees), or against the consolidation of the village of (naming it) with the vil lage (or villages) of (naming it or them) into one village by the name of (name fixed by trustees). (Added by L. 1899, ch. 56, and amended by L. 1902, ch. 520, in effect April 10, 1902.)

Warehousing regulated (L. 1902, ch. 608), § 1.

Alteration of highways.

L. 1883, ch. 113, § 2. (C. & G. Gen. Laws, p. 4451.)

Effect of repeal of section 342, subdivision 4 of the Village Law.Subdivision 4 of section 342 of the Village Law, provides that " chapter 113 of the Laws of 1883, and the acts amendatory thereof, so far as they relate to the change of grade of streets or bridges by village authorities" is repealed. Where proceedings are instituted for the construction of an undergrade crossing by a railway company and the authorities of the village, under the provisions of the railroad law relating to the change of railroad crossings at grade (Railroad Law, §§ 62-69), and an alteration of the grade of the street in front of abutting property was rendered necessary thereby, the owner of such property may secure damages for such change of grade under such chapter 113 of Laws 1883. Matter of Torge v. Village of Salamanca, 176 N. Y. 324, rev'g 86 App. Div. 211, 83 N. Y. Supp. 672.

WAREHOUSEMEN.

L. 1902, ch. 608. An act to define the rights of persons and corporations engaged in the business of storing personal chattels, and to regulate the said business. [In effect April 15, 1902.]

Section 1. Whenever hereafter a demand shall be made upon a warehouseman for a personal chattel held by him on storage, by a person other than him from whom such chattel was received, or other than the holder of the warehouse receipt outstanding, the warehouseman shall with due diligence give notice of the demand to the person from whom the chattel was received and the person in whose name a warehouse receipt for the chattel is outstanding. Such notice may be given personally or by mail to the last known post office address of the party entitled to notice, if he shall have registered an address with the warehouseman. If the depositor or person in whose name the warehouse receipt is outstanding shall not, within ten days after service of the notice as aforesaid, authorize the delivery of the chattel to the claimant, he shall be deemed to have refused to deliver, and the claimant may sue the depositor or the person in whose name the warehouse receipt is outstanding, in replevin or for conversion. The warehouseman may refuse to deliver a personal chattel to the depositor or holder of the warehouse receipt, after a demand is made upon him as aforesaid and during twenty days after notice of the demand to the depositor or holder of an outstanding warehouse receipt. The

Business regulated (L. 1902, ch. 608), § 1.

warehouseman shall not, by reason of such a refusal nor by reason of such retention incur any liability to any person and shall not be sued for and on account of such refusal at law or in equity. And after a suit in replevin shall be brought by the claimant, and the warehouseman is notified thereof, the warehouseman shall hold the chattel subject to the order of the court in which such action in replevin is brought and shall deliver the same only to the person named in the judgment entitled to the delivery. After an action for conversion of the personal chattel is brought by the claimant against the depositor or holder of a warehouse receipt, the warehouseman may at any time deliver the chattel to the holder of the warehouse receipt. For the purposes of all actions concerning title to a personal chattel held by a warehouseman on storage or for the possession of such chattel, the possession of the warehouseman shall be deemed to be the possession of the depositor or holder of a warehouse receipt. The depositor of a chattel shall register with the warehouseman his name and address and shall notify the warehouseman of any transfer of the warehouse receipt, giving the name and residence of the transferee, and the depositor or the transferee shall notify the warehouseman of any change in such address. The warehouseman may make known to the claimant of a chattel the name and address of the depositor, and where such name and address is so made known the warehouseman shall not be made defendant in an action for conversion or replevin unless he shall claim some right, title or interest in the chattel other than a lawful lien for lawful charges growing out of the care and custody of such personal chattel. If the legality or amount of such charges be disputed, the warehouseman may be made a party to the action for the purpose of determining that issue only, and shall recover costs if his claim be substantially sustained. If the If the person in whose name a warehouse receipt is outstanding has ceased to reside or to have a place of business at the address left with the warehouseman and cannot, after due diligence, be found, a court of record in which an action to replevin the chattel is pending or is about to be brought may make an order that the summons may be served upon the person holding the warehouse receipt, in the manner provided in and by the code of civil procedure. In such a case any judgment recovered by the plaintiff, shall be only against the depositor or person in whose name the warehouse receipt is outstanding and before any judgment shall be

Business regulated (L. 1902, ch. 608), §§ 2-4.

recovered the plaintiff shall prove his title. If the judgment is recovered by the plaintiff directing the delivery of the chattel to the plaintiff, the warehouseman shall obey the judgment and make the delivery upon payment of his lawful charges and he shall not thereafter be liable to the depositor or the holder of the warehouse receipt on account of such delivery.

§ 2. A warehouseman shall have a lien upon goods stored with him for his charges for storage, cartage, labor, freight, insurance, and other advances thereon, including weighing and coopering in relation to such goods or other goods belonging to the same owner and he may detain such goods until his lien is paid. Such lien of a warehouseman shall be prior and superior to the lien of a chattel mortgage and to any lien or right, title or interest of the vendor in a conditional sale or a sale upon installments, where the chattel mortgage is not made in the name of the depositor or holder of the warehouse receipt, and where the contract of conditional sale is not required by law to be filed and where the warehouseman has not actual knowledge of the chattel mortgage or conditional sale. A warehouseman shall not have a lien for storage charges upon stolen goods.

§ 3. Whenever a warehouseman shall carry a personal chattel to his warehouse or deliver a personal chattel out of his warehouse and to another place he shall be liable for the negligence of himself and his servants during the packing, loading, carrying and unloading of the personal chattel and shall not be liable otherwise.

§ 4. The term warehouseman in this act shall include every person, partnership, association, or corporation regularly engaged in the business of storing furniture, household effects and similar chattels.

WAREHOUSES.

L. 1895, ch. 633, § 2. Warehousemen not to be made defendants, etc. (C. & G. Gen. Laws, p. 4455.)

Constitutionality of act.-The statute takes away without due process of law a remedy against warehousemen which in its nature is a property right, and it is therefore unconstitutional. Follett Wool Co. v. Albany Terminal Warehouse Co., 61 App. Div. 296, 70 N. Y. Supp. 474...

Execution of wills (R. S. pt. 2, ch. 6, tit. 1), § 40, 41.

WATER STORAGE COMMISSION.

See River Improvement Commission..

L 1902, ch. 406. An act to provide for the appointment of a commission to investigate the causes of floods and overflows of rivers and water courses, and to make recommendations for preventing the same, and making an appropriation therefor.. [In effect April 7, 1902.] Commission reported to legislature of 1903. Its recommended bill was not passed.

WAYNE COUNTY.

L. 1903, ch. 427. An act to provide for the place of holding certain terms of the surrogate's court in the county of Wayne. In effect December 1, 1903.] Local..

WILLS.

Execution, revocation, cancellation.

R. S. Pt. II, ch. 6, tit. 1, § 40. How to be executed. (C. & G. Gen. Laws, p. 4462.)

Subscription at end of will.— Where parts of a will are written on the first and third pages of a printed blank of four pages, while the attestation clause and the signature of the testator are on the second page, and the scrivener has made no attempt to make the third page a part of the will, there has been no compliance with the statute requiring a will to be "subscribed by the testator at the end of the will." Matter of Donner, 37 Misc. 57, 74 N. Y. Supp. 828. As to signature to will having a schedule annexed, see Matter of Brand, 68 App. Div. 225, 73 N. Y. Supp. 1073.

Holographic will. The statute makes no exception with respect to a holographic will in its requirements as to execution. In all such cases a substantial compliance will be sufficient and no particular form of words is required, or is necessary, to effect publication; but some compliance must be proved. Matter of Turrell, 166 N. Y. 330, 336.

Attestation by witnesses.- The above section does not require that a testator's declaration to the witnesses, that the instrument subscribed by him is his last will and testament, be made to both witnesses at the same time, nor does it require them to sign as witnesses in the presence of each other. Matter of Diefenthaler, 39 Misc. 765, 80 N. Y. Supp. 1121.

$ 41. Duties of witnesses. (C. & G. Gen. Laws, p. 4464.) Limitation of actions for penalties.-The three years' statute of limitations against the right to enforce a penalty imposed by the statute