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Assistant district

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salaries.

Clerks, stenog

ers, etc.: AD

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$ 3. The district attorney of the county of Richmond is hereby attorneys: authorized and empowered to appoint, and at pleasure remove, ment and two assistant district attorneys, to be known respectively as first

assistant district attorney, and as second assistant district at-
torney. The salary of the first assistant district attorney of the
county of Richmond shall not exceed three thousand five hundred
dollars

per annum, to be fixed and determined by the said district
attorney; the salary of the second assistant district attorney of the
county of Richmond shall not exceed two thousand dollars per
annum, to be fixed and determined by the said district attorney.

$ 4. The said district attorney shall also have power to appoint

one chief or confidential clerk, whose compensation shall not expointment ceed fifteen hundred dollars per annum, one clerk whose compenpensation. sation shall not exceed twelve hundred dollars per annum, one

process server whose compensation shall not exceed twelve hun-
dred dollars per annum, one messenger whose compensation shall
not exceed twelve hundred dollars per annum, and two stenog-
raphers, who shall act as private secretaries to the said district
attorney and his assistants, and as stenographers to the grand
jury, and they shall each receive as compensation a salary not to
exceed two thousand dollars per annum, said compensation of the
said several clerks, messengers and stenographers to be fixed and
determined by the said district attorney.

§ 5. The office of the said first assistant district attorney,
second assistant district attorney, stenographers, clerks, process
server and messenger above mentioned, is so far local as to require

the residence of each of such officers within the county of RichConfidential mond, and are hereby declared to be confidential officers and em

ployees of the district attorney.

§ 6. Each of the salaries aforesaid herein fixed and provided for shall be paid in equal monthly installments and are hereby declared to be county charges to be levied, collected and paid as other county charges of the county of Richmond.

§ 7. This act shall take effect immediately.

Assistants,
clerks,
etc., to
reside
within
county.

officers.

Salaries, how paid.

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» amended.

Chap. 266.
AN ACT to amend the lien law, in relation to justification of

sureties.
Became a law April 11, 1914, 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 twenty-one' of chapter thirty-eight of the L. 1999, laws of nineteen hundred and nine, entitled “An act in relation $ 21 to liens, constituting chapter thirty-three of the consolidated laws,' is hereby amended to read as follows:

§ 21. Discharge of lien for public improvement. Alien against the amount due or to become due a contractor from the state or a municipal corporation for the construction of a public improvement may be discharged as follows:

1. By filing a certificate of the lienor or his successor in interest, duly acknowledged and proved, stating that the lien is discharged.

2. By lapse of time, when three months have elapsed since filing the notice of lien, and no action has been commenced to enforce the lien.

3. By satisfaction of a judgment rendered in an action to enforce the lien.

4. By the contractor depositing with the comptroller of the state or the financial officer of the municipal corporation, or the officer or person with whom the notice of lien is filed, such a sum of money as is directed by a justice of the supreme court, which shall not be less than the amount claimed by the lienor, with interest thereon for the term of one year from the time of making such deposit, and such additional amount as the justice deems sufficient to cover all costs and expenses. The amount so deposited shall remain with the comptroller or such financial officer or other officer or person until the lien is discharged as prescribed in subdivision one, two or three of this section.

5. Either before or after the beginning of an action by a contractor executing an undertaking with two or more sufficient sureties, who shall be freeholders,' to the state or the municipal corporation with which the notice of lien is filed, in such sums as

1 As added by L. 1911, ch. 873.

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the court or a judge or justice thereof may direct, not less than the amount claimed in the notice of lien, conditioned for the payment of any judgment which may be recovered in an action to enforce the lien. The sureties must together justify in at least double the sum named in the undertaking. A copy of the undertaking with notice that the sureties will justify before the court or a judge or justice thereof at the time and place therein mentioned must be served upon the lienor, not less than five days be fore such time. If the lienor cannot be found, such service may be made as prescribed in subdivision four of section nineteen of this article. Upon the approval of the undertaking by the court, judge or justice, an order shall be made discharging such lien. The execution of such undertaking by any fidelity or surety company authorized by the laws of this state to transact business shall be equivalent to the execution of such an undertaking by two sureties, and 'where a certificate of solvency has been issued by the superintendent of insurance under the provisions of section one hundred and eighty-one of the insurance law and has not been revoked, no justification or notice thereof shall be necessary. Any such undertaking may be executed in such undertaking as surety by the hand of its officers or attorney duly authorized thereto by resolution of its board of directors, a certified copy of which resolution under the seal of such company, shall be filed with each undertaking. Except as otherwise provided herein the provisions of article five of title six of chapter eight of the code of civil procedure are applicable to an undertaking given for the discharge of a lien on account of public improvements.

§ 2. This act shall take effect immediately.

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1 Remainder of sentence substituted for words, “such undertaking, if ex: cepted to, shall justify through its oflicers or attorney in the manner required by law of fidelity and surety companies.”

Chap. 267,
AN ACT authorizing the comptroller to revise and settle accounts

paid under the provisions of section one hundred and eighty-
seven of the tax law for the years ending December thirty-first,
nineteen hundred and ten, and December thirty-first, nineteen

hundred and eleven. Became a law April 11, 1914, 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 comptroller is hereby authorized to readjust Readjustand resettle any account for taxes settled under and by virtue of certain section one hundred and eighty-seven of the tax law for the years thorized. ending December thirty-first, nineteen hundred and ten, and December thirty-first, nineteen hundred and eleven, where it is shown, by proof submitted to him, that any domestic corporation authorized to transact business pursuant to subdivision four of section seventy of the insurance law held, registered in its name or in the name of a public department, a public officer or officers of this state or of any other state or of the United States, in trust for such corporation, respectively on the thirtieth day of June, nineteen hundred and ten, and the thirtieth day of June, nineteen hundred and eleven, any bonds of the state of New York bearing interest at a rate not exceeding three per centum per annum, by Credit on crediting to such corporation upon its current account for taxes, lowed to pursuant to section one hundred and eighty-seven of the tax law, perations. one per centum of the par value of such bonds 30 held, not exceeding the amount of tax due and payable for each such year, re spectively; provided that such credit shall only be allowed to a corporation to which a credit has not previously been allowed for the years ending December thirty-first, nineteen hundred and ten, and December thirty-first, nineteen hundred and eleven, respectively, pursuant to section one hundred and ninety of the tax law; and provided further that such credit, if allowed pursuant to this Credit not act, shall not be subject to any charge for interest.

§ 2. This act shall take effect immediately.

subject to charge for Interest.

Chap. 268. AN ACT in relation to the payment of certain taxes to union free

school district number one of the town of *Harriettstown, Franklin county, and making an appropriation therefor. Became a law April 11, 1914, 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 sum of nine thousand six hundred and ninetysix dollars and seventeen cents ($9,696.17) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the payment to union free school district number one of the town of *Harriettstown, Franklin county, New York, of the amount of taxes levied or which should have been levied, pursuant to section twenty-two of the tax law, for the years eighteen hundred and ninety-nine to nineteen hundred and eleven, both inclusive, upon the real property in such district used by the board of trustees of Cornell university for a college of forestry, under claim of title by virtue of a deed or conveyance from the state pursuant to chapter one hundred and twenty-two of the laws of eighteen hundred and ninety-eight, which deed or conveyance has been determined by the court of appeals to be ineffectual and void. Such sum shall be payable by the treasurer on the warrant and audit of the comptroller to the treasurer of such school district for general school purposes.

§ 2. This act shall take effect immediately.

So in original. 1 See People v. Brooklyn Cooperage Co., 147 App. Div. 267, aff'd 205 N. Y. 531.

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