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population adjoining a city of the first class, no person shall be eligible to appointment or reappointment on such police force, or continue as a member thereof, who shall not be a citizen of the United States, who has been or shall have been convicted of a felony, who shall be unable to read and write understandingly the English language or who shall not have resided within the state of New York one year, and within any village or town in such county six months next preceding his appointment. In a village to which the rules of the state civil service commission have been extended, no person shall be appointed a member of such police force unless he shall have passed an examination held by the state civil service commission, and unless at the time of his appointment his name shall be on the eligible list of the state civil service commission. No person shall be eligible for appointment on such village police force in such county, who is over the age of thirty-five years, unless he shall have been previously appointed a member of a village or town police force in such county.

§ 2. This act shall take effect immediately.

amepdea.

CHAPTER 96
AN ACT to amend the surrogate's court act, in relation to the appointment

of a deputy clerk in Herkimer county.
Became a law March 9, 1925, 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 the surrogate's court act, is $ 21 hereby amended to read as follows:

§ 21. Clerk and deputy clerk of surrogate's court, and clerks in surrogate's office; appointment; salary. By a written order filed and recorded in his office, which he may in like manner revoke at pleasure, a surrogate may appoint a clerk of the surrogate's court, and in any county containing a city of the second class, and in the counties of Monroe and Erie the surrogate may also appoint a deputy clerk of said court and in the counties of Cayuga, Chautauqua, Herkimer, Nassau and Cattaraugus, the surrogate may designate one of his clerks to act as deputy clerk of said court.

Each surrogate may appoint, and at pleasure remove, as many other clerks for his office, to be paid by the county, as the board of supervisors of his county, or in the city of New York the board of aldermen, authorize him so to appoint.

The board of supervisors or, in the counties embraced within the city of New York, the board of aldermen, as the case requires, must fix the compensation of the clerk or clerks appointed under this section; and may authorize them, or either of them, to re

1 As amended by L. 1921, chs. 201, 331; L. 1923, ch. 865. 2 Inclusion of Herkimer county new.

ceive, for their or his own use, any legal fees permitted to be charged by law.

A surrogate may appoint, and at pleasure remove, as many additional clerks to be paid by him as he thinks proper.

§ 2. This act shall take effect immediately.

$ 308 amended.

CHAPTER 97
AN ACT to amend the code of criminal procedure, in relation to compensation

allowable to counsel in capital cases.
Became a law March 11, 1925, 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 three hundred and eight? of the code of criminal procedure is hereby amended to read as follows:

$ 308. Defendant appearing for arraignment without counsel to be informed of his right to counsel. If the defendant appear for arraignment without counsel, he must be asked if he desire the aid of counsel, and if he does the court must assign counsel. When services are rendered by counsel in pursuance of such assignment in a case where the offense charged in the indictment is punishable by death or on an appeal from a judgment of death, the court in which the defendant is tried or the action or indictment is otherwise disposed of, or by which the appeal is finally determined, or the court in which an action is suspended or discontinued or otherwise disposed of on the ground that the defendant has been heretofore or is hereafter declared incompetent by a duly appointed commission, may allow such counsel his personal and incidental expenses upon a verified statement thereof being filed with the clerk of such court, and also reasonable compensation for his services in such court, not exceeding the sum of one thousand dollars.? In such a case where it shall appear to the satisfaction of the court that a daily copy of the testimony is necessary to be furnished by the stenographer to the counsel for the defendant, upon an order duly signed by the presiding justice that the stenographer furnish the same, the same shall be furnished to the counsel for the defendant, and the cost of said daily copy shall be a charge upon the county. In any case in which experts may be employed as witnesses and in case it shall appear to the satisfaction of the court or a judge thereof that the defendant is not financially able to employ experts, the court to which the indictment is presented or sent or removed for trial or a judge or justice thereof may direct the employment of expert witnesses for the defendant in number not exceeding the number sworn or to be sworn for the prosecution at an expense in the aggregate of not exceed

1 As amended by L. 1893, ch. 521; L. 1895, ch. 725; L. 1897, ch. 427; L. 1918, ch. 242; L. 1919, ch. 283; L. 1920, ch. 474; L. 1923, ch. 355; L. 1924, ch. 433. 2 Formerly “five hundred dollars."

ing the sum of ten hundred dollars. Allowances under this section shall be a charge upon the county in which the indictment in the action is found, to be paid out of the court fund, upon the certificate of the judge or justice presiding at the trial or otherwise disposing of the indictment, or upon the certificate of the appellate court, but no such allowance shall be made unless an affidavit is filed with the clerk of the court by or on behalf of the defendant, showing that he is wholly destitute of means.

§ 2. This act shall take effect September first, nineteen hundred In effect and twenty-five.

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1925.

ch, 697,

CHAPTER 98
AN ACT to amend chapter six hundred and ninety-seven of the laws of nine-

teen hundr and twenty-three, entitled “An act to provide for the straight-
ening, deepening and making of other improvements to restrain and control
the waters of the Canisteo river, Chauncey run, and the Canacadea and
Crosby creeks within the corporate limits of the city of Hornell and within
the limits of the town of Hornellsville; the acquisition by the city of
Hornell of such lands and property as may be necessary for such purposes,
the use and disposition by said city of reclaimed and other lands derived
from the making of such improvements or acquired for such purposes; the
apportionment of the cost for such improvements between the state and the
said city, and making an appropriation therefor,” providing for the control
of the waters of certain streams in the city Hornell, and in the town of

Hornellsville.
Became a law March 11, 1925, with the approval of the Governor. Passed by

a two-thirds vote under emergency message.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

Section 1. Section seven of chapter six hundred and ninety- L. 1923, seven of the laws of nineteen hundred and twenty-three, entitled, at "An act to provide for the straightening, deepening and making amended. of other improvements to restrain and control the waters of the Canisteo river, Chauncey run, and the Canacadea and Crosby creeks within the corporate limits of the city of Hornell and within the limits of the town of Hornellsville ; the acquisition by the city of Hornell of such lands and property as may be necessary for such purposes, the use and disposition by said city of reclaimed and other lands derived from the making of such improvements or acquired for such purposes; the apportionment of the cost for such improvements between the state and the said city, and making an appropriation therefor," is hereby amended to read as follows:

§ 7. The said commission is hereby authorized and empowered Right 'o from time to time to contract for, purchase and take by deed or lands. other instrument, for and in the name of the city of Hornell, all real property, lands, rights and privileges which may be required for any of the purposes contemplated by this act, together with title to all lands now occupied by the channels to such streams and the land lying between any new channels and the present channels, and such other lands as may be necessary for depositing and caring for the dirt and other material removed in dredg

Right of entry.

When
title to
vest in
city on
condemna-
tion.

Payment for lands, maps, searches, etc.

ing or widening such streams or in making new channels therefor, with such additional lands as may be deemed advisable, and for such purpose to enter by themselves, their engineers, agents and servants upon any land, water and premises for the purpose of making surveys and examinations, and if for any reason the same cannot be acquired by purchase to acquire the same by condemnation for the public use aforesaid in the manner provided by the condemnation law. If, in order to carry out the provisions of this act, it becomes necessary to acquire any property by condemnation, the title to such property shall vest in the city of Hornell upon the qualification of the condemnation commissioners by filing their oaths of office in the office of the county clerk of the county of Steuben. Payments for the property so acquired to be made by the superintendent of public works on the approval of the title and conveyance by the attorney-general. The superintendent of public works is hereby authorized to pay the reasonable and necessary costs and expenses of making maps, plans, abstracts of title and conveyances and for the necessary services rendered in the acquisition of such property. Such payment to be made upon the certificate of the commission herein authorized to be appointed, subject to the approval of the superintendent of public works.

§ 2. The provisions of section seven in relation to the vesting of title as amended by this act shall apply to any condemnation proceedings pending at the time this act takes effect, and if prior thereto the commissioners in any such proceeding shall have filed their oaths of office, title to the real property for the acquisition of which such proceeding was instituted shall vest in the city of Hornell on the taking effect of this act.

§ 3. This act shall take effect immediately.

Effect of amendment of $ 7.

CHAPTER 99

Subd. 24 added to L. 1909, ch. 62,

AN ACT to amend the tax law relative to the taxation of property, the legal

title of which is in the United States or this state, but the use, occupation

or possession of which is in another. Became a law March 11, 1925, 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 four of chapter sixty-two of the laws of nineteen hundred and nine, entitled “An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended by adding thereto a new subdivision, to be numbered twenty-four and to read as follows:

24. Whenever the legal title of real property is in the United States or in this state, but the use, occupation or possession thereof is in a corporation, association, co-partnership or individual, or its or his successor in interest, under a contract of sale or other

$ 4.

Interest of United States or state exempt.

1 Following sentence new.

agreement whereby upon certain payment or payments the legal title is to be or may be acquired by such corporation, association, co-partnership or individual, his or its interest in such real property shall be assessed and taxed as real property subject to the provisions of this subdivision. The interest of the United States, or of this state, in such property shall not be assessed or taxed and the assessing and taxing officers shall add to the assessment and tax rolls opposite the description of any such property a notation stating that such interest is not assessed or taxed; and every notice of sale or other process and every conveyance or other instrument affecting the title to any such property, consequent upon the non-payment of any such tàx, shall contain a statement that such interest is not sold or to be sold or affected. The interest Taxation in any such property of the corporation, association, co-partner- interests. ship or individual, which or who is in the use, occupation or possession thereof, shall be assessed and taxed in the same manner as if said corporation, association, co-partnership or individual held the legal title to such property, except for the addition to the description of the words interest under contract,” or other appropriate words descriptive of the interest in the property so assessed. Such assessment shall be at the full value of such property without deduction therefrom on account of the whole or any part of the purchase price, or other sum due on such property, remaining unpaid. The classification of such property or any part thereof as real property for the purposes of taxation under this chapter shall not be affected by any provision of the contract or agreement under which the same is held.

§ 2. This act shall take effect immediately.

CHAPTER 100
AN ACT to enable the board of supervisors of the county of Albany to grant

an easement in or convey or lease a plot of ground to the city of Albany
sufficient and adequate in size from the portion of real estate of which
Albany county is now seized and possessed, known as "the penitentiary
property,” for the purpose and to be used for the erection of a junior high

school building. Became a law March 11, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of Nero York, represented in Senate and Assembly, do enact as follows:

Section 1. The board of supervisors of Albany county are hereby authorized and empowered to grant an easement in or to convey or to lease to the city of Albany and to execute the necessary conveyance therefor a plot of ground sufficient and adequate for the erection of a junior high school building, of that portion of real estate of which the said county of Albany is now seized and possessed, known as "the Albany penitentiary property," and shall be accurately defined and described by metes and bounds in the conveyance lease or grant thereof.

§ 2. This act shall take effect immediately.

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