chief executive officer of the school which such child is attending, or upon the complaint of any police officer or attendance officer, and such child shall surrender the permit and badge so revoked upon the demand of any attendance officer or police officer charged with the duty of enforcing the provisions of this article. The refusal of any child to surrender such permit and badge, upon such demand, or the sale or offering for sale of newspapers, magazines or periodicals in any street or public place by any child after notice of the revocation of such permit and badge shall be deemed a violation of this article and shall subject the child to the penalties provided for in this section.

§ 2. Nothing in this act shall be deemed or construed to repeal, amend, modify, impair or in any manner affect any provision of the penal code or the code of criminal procedure.

§ 3. This act shall take effect October first, nineteen hundred and seven.

Chap. 589.

AN ACT to legalize and confirm the official acts of notaries public and commissioners of deeds.

Became a law, July 16, 1907, 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 official acts of every person as notary public or commissioner of deeds within the state of New York, heretofore commissioned as such, which acts have been performed since the tenth day of May, nineteen hundred and six, so far as such acts might be affected, impaired or questioned by reason of change of residence made after appointment, or by reason of misnomer or misspelling of name or other errors made in the appointment or commission of said notary public or commissioner of deeds, or by reason of omission or failure to take the prescribed oath of office within the time required by law, or by reason of such persons being under the age of twenty-one years, or by reason of the expiration of the term of office of such notaries public or commissioners of deeds where such notary public or commissioner of deeds has acted in good faith, upon

payment being made of the fees provided by law, are hereby legalized and confirmed and made as effectual and valid as if the term of office of said notary public or commissioner of deeds had not expired, or if no misnomer or misspelling of name or other errors had not occurred or been made in the appointment and commission of said notary public or commissioner of deeds or as if the oath of office had been taken within the time prescribed by law.

§ 2. Nothing in this act contained shall affect any legal action or proceeding pending at the time this act takes effect. § 3. This act shall take effect immediately.

Chap.590.

AN ACT to legalize bonds of the village of Old Forge, issued for the purpose of defraying the expense of establishing a system of water-works in and for said village, and supplying its inhabitants with water, and to legalize all proceedings of the board of trustees in relation thereto, including the resolution submitted to the qualified electors of said village at a special election held on the fifth day of November, nineteen hundred and six, and all proceedings of said board of trustees in relation and subsequent thereto, and to provide for the payment of the principal and interest of said bonds.

Became a law, July 16, 1907, with the approval of the Governor. Passed, a majority being present.

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

Section 1. All the proceedings taken by the board of trustees of the village of Old Forge, in relation to borrowing, on the credit of said village, the sum of fifteen thousand dollars, and to issuing the bonds of said village therefor, and to expending the money so borrowed in defraying the expenses of establishing a system of water-works for supplying the inhabitants of said village with water, and all other proceedings had by said board of trustees in any way relating thereto, are hereby legalized, ratified and confirmed, and made of the same force and effect as though all of the provisions of the laws applicable to the issuance of bonds for said purposes had been strictly complied with. The

proposition voted for and adopted at a special election of the qualified electors held in and for said village, on the fifth day of November, nineteen hundred and six, to authorize the construction of a system of water-works for said village, and the issuance of the bonds of the village to an amount not exceeding fifteen thousand dollars for said purpose, as well as all proceedings had in relation thereto prior to and including said special election, and subsequent thereto, notwithstanding the omission of any lawful requirement from said resolution submitted to and adopted by the taxpayers of said village, are hereby legalized, ratified and confirmed. The proceedings of said board of trustees had at a meeting of said board on the twenty-fourth day of April, nineteen hundred and seven, in relation to the number, denomination, maturity and amount of said bonds to be issued for said purposes, as subsequently modified at a meeting of said. board of trustees had on the tenth day of May, nineteen hundred and seven, are hereby legalized, ratified and confirmed. All the actions and proceedings of said board of trustees relating to the issuance and sale of said bonds are hereby in all things legalized, ratified and confirmed. In case the sale of said bonds heretofore made is, for any reason, not consummated, the said village board is hereby authorized and empowered to readvertise the said bonds for sale and to sell said bonds in the manner provided in the village law for the sale of village bonds and such. resale shall have all the force, validity and effect of a sale made in compliance with the provisions of such village law. And said bonds are hereby declared to be legal and valid obligations of said village of Old Forge, and each and every act of said village, and said board of trustees, heretofore done, undertaken or begun in pursuance of the objects of, or any object of this act, are, and each of them is, ratified and declared valid.

§ 2. The board of trustees of the village of Old Forge, in the manner provided by law, shall cause to be raised annually, by the levy and collection of taxes upon the taxable property of said village, such sums which, with the net revenues derived from said water-works system, shall be sufficient to pay the principal and interest of said bonds as the same shall become due and payable, until said bonds and the interest thereof are fully paid. § 3. This act shall take effect immediately.

Chap. 591.

AN ACT to amend chapter two hundred and three of the laws of nineteen hundred and seven, entitled "An act to revise and amend the charter of the city of Newburgh, being chapter five hundred and forty-one of the laws of eighteen hundred and sixtyfive, and the several acts amendatory thereof and supplemental thereto," generally.

Became a law, July 1 1907, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the city.

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

Section 1. Section eight of title three of chapter two hundred and three of the laws of nineteen hundred and seven, entitled "An act to revise and amend the charter of the city of Newburgh, being chapter five hundred and forty-one of the laws of eighteen hundred and sixty-five, and the several acts amendatory thereof and supplemental thereto," is hereby amended to read as follows:

§ 8. All accounts and claims against the said city, and all accounts and claims for services rendered or moneys expended by any officer within said city, which would be charges and accounts against a town if they were rendered and expended by the officers thereof, shall be presented to the city council, and the same shall be referred to a standing committee of said city council, to be composed of one member from each ward, to be called "committee on auditing accounts." It shall be the duty of said committee to inquire and examine into said accounts, and they may send for persons and papers, and may examine the claimant on oath in respect thereto. The said committee shall report the matters referred to them to the city council, either favorably or adversely with their reasons, and the said city council shall then hear, examine and determine the same as a board of town auditors, and for that purpose shall possess the powers and be subject to the duties of town auditors. An action shall not be maintained for damages or injuries to the person sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street, unless written notice thereof relating to the particular place, was actually given to the city council and there was a failure or neglect

to cause such snow or ice to be removed, or the place otherwise made reasonably safe within a reasonable time after the receipt of such notice. All claims against the city for damages or injuries to person or property alleged to have been caused by the misfeasance or negligence of the city, or any of its officers or employees, shall be presented to the city council in writing, within sixty days after the happening of the accident or injury out of which the claim arose. Such writing shall describe the time when, the particular place where and the circumstances under which the damages or injuries were sustained and the cause thereof; it shall also state, so far as then practicable, the nature and extent of the damages or injuries; shall also state the place of residence of the claimant by street and number, and, if there be no street or number, it shall contain such statement as will disclose the place of residence, and all such claims shall be verified by the oath of claimants. The omission to present such claim within sixty days from such alleged injuries. and to commence an action thereon within one year from the time of such alleged injuries, shall be a bar to any claim or action therefor against the city; but no action shall be brought upon any such claim until three months have elapsed after the presentation of the claim to the city council. Nothing contained in this section shall be held to repeal or modify any existing requirement or statute of limitations which is applicable to this class of actions, but on the contrary shall be held to be an additional requirement for the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the city any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel. The place of trial of all actions or proceedings against the city, or any of its officers, boards or departments, shall be the county of Orange. Every process commencing an action against the city shall be served on the mayor of said city, and not otherwise. The city council shall have the power, subject to the approval of the mayor, to pay, compromise or settle any such claim which may be made against the city for damages, provided such claim is presented within the time, and in the manner hereinbefore prescribed, and the sum or sums so expended shall be included in the amount to be raised by tax for general purposes, as hereinafter provided.

§ 2. Sections three, four, eight and twelve of title four of such act are hereby amended to read, respectively, as follows: