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or persons determined to be damaged by the abandonment the amounts, if any, finally awarded to him or them in the proceedings; notice of the appointment of such commissioners and of the time and place of their first meeting shall be published once a week for four successive weeks in two newspapers published in said county or counties, and affidavits of such publication and the filing of such undertaking shall be filed in the office of the public service commission. If such corporation shall fail to file such petition within said period of thirty days, any person or persons claiming to be damaged, may by separate petition to the court apply for the appointment of commissioners to ascertain and determine the said compensation with like effect, as if such corporation had filed its petition. Nothing in this act shall be construed to impair or affect the rights of any lienor or mortgagee in and to the portion of the property of the said railroad or railroads affected by said abandonment, and no such abandonment shall be consented to as herein provided unless such liens or mortgages shall have first been discharged of record.

As am'd by L. 1909, ch. 564, § 1. In effect May 28, 1909.

REAL PROPERTY LAW

Laws 1909, Chap. 52. (In effect February 17, 1909.)

§ 113. Subd. 2. The supreme court shall have control over gifts, grants[,] and devises in all cases provided for by subdivision one of this section, and whenever it shall appear to the court that circumstances have so changed since the execution of an instrument containing a gift, grant [,] or devise to religious, educational, charitable or benevolent uses as to render impracticable or impossible a literal compliance with the terms of such instrument, the court may, upon the application of the trustee or of the person or corporation having the custody of the property, and upon such notice as the court shall direct, make an order directing that such gift, grant [,] or devise shall be administered or expended in such manner as in the judgment of the court will most effectually accomplish the general purpose of the instrument, without regard to and free from any specific restriction, limitation or direction contained therein; provided, however, that no such order shall be made [until the expiration of at least twentyfive years after the execution of the instrument or] without the consent of the donor or grantor of the property, if he be living. As am'd by L. 1909, ch. 144, § 2. In effect April 3, 1909.

§ 114-a. Trusts for care of cemetery lots, et cetera.― Gifts, grants and devises of real property, in trust for the purpose of applying the proceeds or income thereof to the perpetual care and maintenance, improvement or embellishment of private burial lots in cemeteries, and the walks, fences, monuments, structures and tombs thereon, are permitted and shall be deemed to be for charitable and benevolent uses; and shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument creating the same, nor shall they be deemed invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing herein contained shall affect any existing authority of the courts to pass upon the reasonableness of the amount of such gift, grant or devise.

As added by L. 1909, ch. 218, § 2. In effect April 20, 1909.

§ 260. Effect of grant or mortgage of real property adversely possessed.-A grant of real property is absolutely void, unless the same shall be made to the people of the state of New York, if at the time of the delivery thereof, such property is in actual possession of a person claiming under a title adverse to that of the grantor; but such possession does not prevent the mortgaging of such property, and such mortgage, if duly recorded, binds the property from the time the possession thereof is recovered by the mortgagor or his representatives, and has preference over any judgment or other instrument, subsequent to the recording thereof; and if there are two or more such mortgages, they severally have preference according to the time of recording thereof, respectively.

As am'd by L. 1909, ch. 481, § 1. In effect May 25, 1909.

§ 374. Deputy registrars' powers and duties.- In any county where the business under this article so requires, the registrar may appoint a chief deputy and as many other deputies as are needed. But no one unless he is also a deputy register or an assistant deputy register appointed under statutory authority, or a deputy county clerk, shall be appointed as such deputy registrar unless he is an "official examiner of title" as described and required by section three hundred and seventy-seven of this chapter. Deputies may perform any and all duties of the registrar in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar, and in case of the death of the registrar, or his removal from office, the chief deputy shall thereupon become the acting registrar until such vacancy shall be filled

according to law, and he shall file a like bond and be vested with the same powers and subject to the same responsibilities and entitled to the same compensation as in the case of the registrar. As am'd by L. 1909, ch. 305, § 1. In effect May 7, 1909.

§ 451. Acquisition of lands by individuals for cemetery purposes in certain counties.-It shall not be lawful for any person to take by deed, devise or otherwise or set apart or use any lind or ground in any of the counties of Westchester, Kings, Queens, Rockland, Suffolk or Nassau for cemetery purposes without the consent of the board of supervisors for such county, or of the board of aldermen of the city of New York as the case may be, first had and obtained in like manner as provided for in the membership corporations law; and said board of supervisors or board of aldermen in granting such consent may anner thereto such conditions, regulations and restrictions as such board may deem the public health or the public good require. As added by L. 1909, ch. 274, § 1. In effect April 30, 1909.

RELIGIOUS CORPORATIONS LAW

Laws 1909, Chap. 53. (In effect February 17, 1909.)

§ 16. Property of extinct churches.- Such incorporated governing body may decide that a church, parish, or society in connection with it or over which it has ecclesiastical jurisdiction, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious services according to the discipline, customs and usages of such governing body, or has had less than thirteen resident attending members paying annual pew rent, or making annual contributions toward its support, and may take possession of the temporalities and property belonging to such church, parish or religious society, and manage the same; or may, in pursuance of the provisions of law relating to the disposition of real property by religious corporations, sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such governing religious body is devoted, and it shall not divert such property to any other object. And for the purpose of obtaining a record title to the land and the church edifice, or other buildings thereon, by such incorporated governing body, the surviving trustee or trustees of said extinct church, or if there be no surviving trustee then a surviving member of said extinct church, may, without a consideration being paid therefor by such incorporated governing body, convey to it said land

and church edifice, or other buildings thereon, subject, however, to an order of the supreme or county court based upon a petition reciting that said church has become extinct; the names of its surviving trustee or trustees, and the names of its members, who must have given their consent to the making of said conveyance. Upon the recital of said facts in said petition the court shall have jurisdiction to grant an order allowing said conveyance to be made without a consideration [.]; and should there be no surviving members, as well as no surviving trustee of said extinct church, said petition may be made by an officer of such incorporated governing body, in which event the court, upon a recital of said fact, shall have jurisdiction to appoint a suitable person as trustee for the purpose of making said conveyance. Where a proceeding is instituted under this section for the sale of the real property of an extinct religious corporation, a compliance with subdivisions four, five, seven, eight and nine of section seventy-one of "An act relating to corporations generally, constituting chapter twentythree of the consolidated laws," shall be unnecessary, and such proceeding shall be in all respects valid without a compliance with said subdivisions. The New York Eastern Christian Benevolent and Missionary Society, shall be deemed the governing religious body of any extinct or disbanded church of the christian denomination situated within the bounds of the New York Eastern Christian Conference; and the New York Christian Association, of any other church of the christian denomination, and any other incorporated conference shall be deemed the governing religious body of any such church situated within its bounds. By christian denomination is meant only the denomination specially termed "christian," in which the bible is declared to be the only rule of faith, christian their only name, and christian character their only test of fellowship, and in which no form of baptism is made a test of christian character.

As am'd by L. 1909, ch. 408, § 1. In effect May 20, 1909.

SECOND CLASS CITIES LAW

Laws 1909, Chap. 55. (In effect February 17, 1909.)

§ 130. Commissioner of public safety; appointees. -The commissioner of public safety shall be the head of the department of public safety. He may appoint, to hold office during his pleasure, a deputy, [and] a health officer and a superintendent of buildings. Whenever a vacancy occurs in the office

of the chief of police or chief of the fire department, the commissioner of public safety, shall appoint, in his discretion, a person deemed by him to be suitable and competent to fill the same. The chief of police and chief of the fire department shall each hold office during good behavior, or until permanently incapacitated or unfit to discharge his duties. The commissioner may appoint such other subordinates as may be prescribed by the board of estimate and apportionment to hold office, except as otherwise provided by law, during his pleasure. In case of the absence or disability of the commissioner or a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. Before entering upon the discharge of the duties of their respective offices, the commissioner, deputy, health officer, superintendent of buildings, chief of police and chief of the fire department shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the common council. As am'd by L. 1909, ch. 573, § 1. In effect May 29, 1909.

§ 131. Duties of commissioner.- The commissioner of public safety shall have cognizance, jurisdiction, supervision and control of the government, administration, disposition and discipline of the police department, fire department, buildings department and health department, and of the officers and members of said departments, and shall possess and exercise fully and exclusively all powers and perform all duties pertaining to the government, maintenance and direction of said departments, and the apparatus and property thereof and buildings furnished therefor, and shall have the general direction and supervision of the expenditure of all moneys appropriated to said departments. He shall possess such other powers and perform such other duties as may be prescribed by the law or by ordinance of the common council.

As am'd by L. 1909, ch. 573, § 1. In effect May 29, 1909.

§ 149. Inspection of public buildings.- The health officer and superintendent of buildings may inspect and advise as to the proper heating, ven ilation and drainage of public buildings under the control of the city or any of its departments, and in case any such building is in use or in process of erection without, in the opinion of [the health officer] either, proper arrangements for heating, ventilation or drainage, he shall, subject to the right of appeal herein provided, stop the use or the erection of such buildings, direct such arrangements to be made and restrain further work upon the building until they are made.

As am'd by L. 1909, ch. 573, § 1. In effect May 29, 1909.

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