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face railroad upon and along such portion of such turnpike or plankroad substantially as then located, with such switches, crossovers, sidings and turnouts as may from time to time be necessary to the reasonable and convenient operation of such railroad except as may be otherwise agreed between such board of supervisors and any such corporation. And such board of supervisors in the Agree name and in behalf of such county may make further agreements railroad as to the terms and conditions upon which such street surface railroad shall thereafter be operated by any such corporation; and the acquisition by any such county by condemnation of any right, title or interest in and to such turnpike or plankroad shall be subject to such agreements, if any be so made.

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§ 2. The board of supervisors of any such county may thereafter Improveadopt and incorporate into the county road system of the said road, etc. county and improve the roadbed and sidewalks or any portion thereof of such turnpike or plankroad although the same or any part thereof be within the corporate limits of one or more incorporated villages, and for that purpose may issue the bonds of the Issue of said county for the payment of the expenses of the acquisition, repair and improvement of the said road in the same manner as now provided by the general law in relation to county roads, and Apportionshall apportion the expense thereof among the several towns and expense. city or cities of said county, or charge the same wholly to one or more of said towns as to said board may seem equitable and just.

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§ 3. If the board of supervisors of any such county shall by reso- Acquisi lution determine not to acquire such portion of any such turnpike roads by or plankroad as shall be located in any incorporated village in such county, or shall not within six months from the passage of this act acquire, by purchase, such portion of such turnpike or plankroad as shall be situated in any such village, or shall not within such six months commence proceedings to acquire such portion thereof by condemnation, then the board of trustees of any such incorporated village is authorized in the name and in behalf of such village to acquire by purchase or condemnation for the purposes of a public highway the same right, title and interest in and to such portion of such turnpike or plankroad as may be situated in such village, and to make the same agreements relating to such Agreeportion thereof as by the first section of this act the board of supervisors of such county is authorized to acquire and make as to such portion of such turnpike or plankroad as is situated in the county. In case of such acquisition by any such village, the expense and

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cost of acquiring, maintaining and improving such portion of any such turnpike or plankroad as shall be so acquired shall be borne entirely by the village acquiring, maintaining and improving the same, and such village may issue its bonds to pay for the expense and cost thereof.

§ 4. This act shall take effect immediately.

Chap. 598.

AN ACT to amend the code of civil procedure, relating to the
probate of wills and the extent to which such probate should be
conclusive as to personalty.

Became a law May 19, 1897, 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-six hundred and twenty-six of the code of civil procedure is hereby amended so as to read as follows:

§ 2626. Probate; how far conclusive as to personalty.-A decree admitting to probate a will of personal property, made as prescribed in this article, is conclusive, as an adjudication, upon all the questions determined by the surrogate pursuant to this article, until it is reversed upon appeal, or revoked by the surrogate, except in an action brought under section twenty-six hundred and fifty-three-a of this act to determine the validity or invalidity of such will; and except that a determination, made under section twentysix hundred and twenty-four of this act, is conclusive only upon the petitioner, and each party who was duly cited or appeared, and every person claiming from, through, or under either of them.

Chap. 602.

AN ACT to amend section fifteen hundred and eighty-one of the code of civil procedure, in relation to the disposition of the shares of infants.

Became a law May 20, 1897, 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. Section fifteen hundred and eighty-one of the code of civil procedure is hereby amended so as to read as follows:

§ 1581. Shares of infants.-Where a party entitled to receive a portion of the proceeds is an infant, the court may direct it to be invested in permanent securities in the name and for the benefit of the infant, or it may direct it to be paid over to the general guardian of the said infant when the guardian shall have executed to such infant a bond with two sureties which shall be approved by the court; or, if any of the moneys arising from the proceeds of such sale shall have been paid to the county treasurer, and on due proof that such money has remained uninvested in permanent securities for the space of three months, may direct the same to be paid to the general guardian of such infant upon his giving an undertaking in an amount and with securities satisfactory to the court for the faithful execution of his trust. In the case of an infant residing without the state, and having in the state or country where he or she resides a general guardian, or person duly appointed under the laws of such state or country, to the control and entitled, by the laws of such state or country, to the custody of the money of such infant, the court, upon satisfactory proof of such facts and of the sufficiency of the bond or security given by such general guardian or person in such state or country by the certifi cate of a judge of a court of record of such state or country, or otherwise, may direct that the portion of such infant arising upon such sale shall be paid over to such general guardian or person.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

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Authenticasion of w.lis, etc.,

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Chap. 603.

AN ACT to amend the code of civil procedure, relative to the
authentication of foreign wills and letters testamentary as evi-
dence in the courts of this state.

Became a law May 19, 1897, 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. Section two thousand seven hundred and four of the code of civil procedure is hereby amended so as to read as follows: § 2704. To entitle a copy of a will admitted to probate or letters poved in testamentary or of letters of administration, granted in any other states, etc. state or in any territory of the United States, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, letters, proofs or statement, to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or whom such will was admitted to probate or such letters were granted, or having the custody of the same or of the record thereof, and the signature of a judge of such court, or the signature of such officer and of the clerk of such court or officer if any; and must be further authenticated by a certificate under the great or principal seal of such state or territory, and the signature of the officer who has the custody of such seal, to the effect that the court or officer by which or whom such will was admitted to probate or such let ters were granted, was duly authorized by the laws of such state or territory to admit such will to probate, or to grant such letters; that the will, or letters, or records, the accompanying copy of which is so authenticated, is or are kept pursuant to those laws, by such court or by the officer who authenticated such copy; that the seal of such court or officer affixed to such copy is genuine, and that the officer making such certificate under such seal of such state or territory verily believes that each of the signatures attesting such copy is genuine; and to entitle any certificate concerning proofs accompanying the copy of the will or of the record so authenticated, to be recorded or used in this state, as provided in this article, such certificate must be under the seal of the court or officer by which or whom such will was admitted to probate, or having the custody of such will or record, and the signature of a judge or the clerk of such

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court, or the signature of such officer, authenticated by a certificate under such great or principal seal of such state or territory, and the signature of the officer having the custody thereof, to the effect that the seal of the court or officer affixed to such certificate concerning proofs is genuine,and that such officer making such certificate under such seal of such state or territory, verily believes that the signature to such certificate concerning proofs is genuine. To entitle a copy of a will admitted to probate or of letters testa- Authentimentary or of letters of administration granted in a foreign coun- proved in try, and of the proofs or of any statement of the substance of the countries. proofs of any such will or of the record of any such will, letters, proofs or statement to be recorded or used in this state as provided in this article, such copy must be authenticated by the seal of the court or officer by which or by whom such will so admitted to probate or such letters were granted or having the custody of the same or of the record thereof and the signature of a judge of such court or the signature of such officer and of the clerk of such court or officer, if any; and must be further authenticated by a certificate under the principal seal of the department of foreign affairs or the department of justice of such foreign country and the signature of the officer who has the custody of such seal to the effect that the seal or officer by which or by whom such will was admitted to probate or such letters were granted was duly authorized by the laws of such foreign country to admit such will to probate or to grant such letters; that the will, letters or records, the accompanying copy of which is so authenticated, is or are kept pursuant to those laws by such court or by the officer who authenticated such copy and that the seal of such court or officer affixed to such copy is genuine, and that the officer making such certificate under such seal of the department of foreign affairs or of the department of justice of such foreign country verily believes that each of the signatures attesting such copy is genuine and the seal of such department of foreign affairs or department of justice of such foreign country and the signature of the officer having the custody of such seal shall be attested by a United States consul and to entitle any certificate concerning proofs accompanying the copy of the will, or of the record so authenticated, to be recorded or used in this state as provided in this article, such certificate concerning proofs must be similarly authenticated and attested.

§ 2. This act shall take effect September first, eighteen hundred When and ninety-seven.

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