{ title: 'The Newark-union gazette. (Newark, N.Y.) 1910-1939, August 20, 1910, Page 8, Image 8', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-8/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-8.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-8/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-8/ocr.txt', label: 'text/plain', meta: '', }, ] }
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^mmgffitzz^^ MI&i.yAlAj <vm^- ULWS 0* NSW iomst w*$cm$t* of seven members, who shall serve with- out compensation as member* of such commission. The state board of chari- Uei, and the state commission of prisons, shall, respectively, once each- year, desig- nate a member of their respective bodies, to act as members of the state probation commission; and the commissioner of ed- ucation shall' be, ex officio, a member thereof. As the terms o f the appointive members, first appointed by the governor, shall expire, their successors shall be ap- pointed by the governor within thirty days thereafter for a term of four years each. All vacancies occurring among ap- pointive members, from whatsoever cause, shall be filled as soon as practica- ble thereafter by the governor for the unexpired term. Any appointive member may be removed by the governor for cause and after an opportunity to be heard before the governor. The state commission shall meet at stated times to be fixed by, such commission, not less often than once every two months. It shall collect and publish statistical and other information, «nd make recommen- dations, as to the operations of the pro- bation system. It shall keep itself In- formed as to the-worS of all probation offi- cers, and shall from time to time inquire Into their conduct and efficiency. It may require reports from probation officers on blanks furnished by the commission. It shall each year Inform all magistrates and probation officers of any legislation directly affeotlng probation ' and shall each year publish a list of all probation officers in the state, it shall endeavor, by - such means as may seem to it most suitable, to secure the effoctive applica- tion of the probation system and en- forcement of the probation law in all parts of the state. It shall make an an-, nual report to the legislature showing its proceedings under this article and the re- sults of the probation system as adminis- tered in the various localities in the state, with any suggestions or recommen- dations it may consider wise for the more effectual accomplishment of the general purposes of this article. Said commission in the discharge of its duties shall have access to all offices and rec- ords of probation officers;* but this sec- tion shall not be construed as giving said commission access to the records of any society for the prevention of cruelty to children or humane society. The state commission may direct an investigation by a committee of one or more of its members of the work of any probation officer and for this purpose, the member or members designated to make such in- vestigation are hereby empowered to is- sue compulsory process for the attend- ance of witnesses and the production of papers, to administer oaths, and to ex- amine persdns under oath, and to exer- cise the same powers in respect to such proceeding as belong to referees appoint- ed by the supreme court. § 2. This act shall take effect immedi- ately. State of New York, Office of the Secre- tary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of.the whole of said original law. SAMUEL S. KOENH3, Secretary of State. LAWS OF NEW YORK—By Authority. CHAP. H4. A.N ACT to amend article two of the in- surance law in relation to surrendered and lapsed'policles of life insurance. Became a law June 23, 1310. with the ap- proval 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 eighty-eight of chap- ter thirty-three of the laws of nineteen hundred and nine, entitled \An act in re- lation to insurance corporations, consti- tuting chapter twenty-eight of the consol- idated laws,\ is hereby amended to read as follows: § 88. Surrender value of lapsed or for- feited policies. Whenever any policy of life Insurance lssu<*l after January first, eighteen hundred and eighty, and before January first, nineteen hundred and seven, by any domestic life insurance corpora- tion after telng In force' three full years, shall, bv its terms, lapse or become for- feited xor the nonpayment of any pre- mium or any note given for a premium or loan made In cash on such policy as security, or of any Interest on such note or loan, the reserve on such policy com- puted according to the American experi- ence table of mortality at the rate of four and one-half per centum per annum shall, on demand made, with surrender of the pol- icy within six months after such lapse or forfeiture, be taken as a single premium of life insurance at the published rates of the corporation at the time the policy was issued, and shall be applied, as shall have been agreed in the application or policy, either to continue the insurance of the policy In force at its fun amount so long as such single premium will purchase temporary insurance for that amount at the age of the insured at the time of lapse or forfeiture, or to purchase upon the same life at the same age paid-up In- surance payable at the same time and un- der the same conditions, except as to payments of premiums, as the original policy. If no such agreement he expressed in the application or policy, such single premium may be applied fn either of the modes above specified at the option of the owner of the policy, notice of such option to be contained in the demand hereinbe- fore required 'to be made to prevent the forfeiture of the policy. The reserve here- inbefoTe--8pecifted shall Include dividend additions calculated at the date of the failure to make any of the payments above described according to the Ameri- can experience table of mortality with in- terest at the rate of four and one-half per centum per annum after deducting any Indebtedness of the Insured on ac- count of any annual or semi-annual or quarterly premium then due and any loan made in cash on sneb policy, evidence of which is acknowledged by the insured in writing. The net value of the Insurance given for such single premium under this section, computed by toe-standard of this state, shall in no case be less: than two- thirds- of the entire reserve computed ac- cording to the rule prescribed .In this sec- tion after deducting the indebtedness as specified: but such Insurance shall not participate in the profits of the corpora* tion. If the reserve upon any endowment policy applied according to the provisions of this section as a single premium of temporary insurance' be more than suffi- cient to continue the Insurance to the end of the endowment term named In the pol- icy, and If the insured survive that term, the excess shall be paid In cash at the end pt such term, on the conditions on which the original policy was Issued. This section shall not apply to any case of a policy Issued before January first, nineteen hundred and seven, where the- provisions of the section are specifically waived in the. application and notice of such warver Is written or printed In red Ink on the margin of the face of the pol- icy when issued. If any policy of life In- surance (other than a term .policy for - twenty years or less). Issued' on or after January first, nineteen hundred and sev- en, by any domestic life Insurance corpo- ration; after betas fa force three full years, shall by Its terms lapse or become forfeited by the nonpayment .of any pre- mium or.any note therefor or any loan oh such policy or of any Interest oh such note or loan, the reserve on such policy computed according to the. standard adopted by said company In accordance with section eighty-four of this chapter, together with the value of any dividend additions upon said policy, after deduct- ing any Indebtedness-to the company and onerflfth of the said entire reserve, or the sum of twb and fifty orie-bundredths dol- lars for each one hundred dollars of the face of said policy if said sum' shall be more than the said'one-fifth, shall upon demand not later than three months after the date of lapse with surrender of the policy be applied as a surrender value as agreed upon In the policy; provided that If no other option expressed in- the policy be availed of by the owner thereof, and If the policy Itself does not. direct what option shall become operative-la default of selection by the owners the same shall* be applied, to continue. the- insurance - in force at its full amount Including any outstanding dividend additions less\ any outstanding Indebtedness.on the policy but .without future participation and without the right to loans, so long as such surren- 1 der value will purchase honpartlcfpatlrig temporary Insurance at net single pre* mium rates by the standard adopted by the company, at the age of the Insured at the tuna of lapse or forfeiture, provided In case of any endowment policy if the sum applicable to the purchase of tempo- rary Insurance shall be more than. Buffi- oient to continue the insurance to the end of tl'.6 endowment terra named In the pol- icy, the excess shall be used to purchase In the same manner pure endowment in- surance payable at the end of the endow- ment term named In the policy on tho con- ditions on which the original policy was issued, and provided further that any at- tempted waiver of the provisions of this paragraph in any application, policy or otherwise, shall he void, and provided further than any value allowed fa lieu thereof shall at least equal-the net- value of the temporary' insurance or of the temporary and pure endowment insurance herein provided for. The term of tempo- rary insurance herein provided for shall include the period of grace, it any. In every case where a contract provides for both insurance and annuities, the forego- ing provisions shall apply only to that part of the contract which provides for insurance, but every such contract con- taining a provision for a deferred annu- ity on the life of the insured only (un- less paid for by a* single premium) shall provide that in the event of the nonpay- ment of any premium after three full years' premiums shall have been paid, the annuity shall automatically become con- verted into a paid-up annuity for such a proportion of the original annuity as tho number of completed years' premiums paid bears to the total number of pre- miums required under the contract 8 2. This act shall take effect immedi- ately. State of New York, Office of the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same Is a correct transcript therefrom and of the whole of said original law. SAMUEL S. KOENIG. Secretary of State. LAWS OF NEW YORK—-By Authority. CHAP. 620. • AN ACT to amend the penal law, in re lation to misconduct by officers and di- rectors of life or casualty Insurance cor- porations upon the co-operative or as- sessment plan of fraternal beneficiary societies, orders or associations. Became a law June 23, lSBft with the ap- proval of the Governor. Passed, three- fifths being present. The People of the State of New York, represented in Senate and Assembly, dj enact as follows: Section 1. Chapter eighty-eight of the laws of nineteen hundred and nine, en titled \An act providing for the punish- ment of crime, constitutms chapter forty of the consolidated laws,\ is hereby amended by adding thereto, after section six hundred and sixty-nine thereof, a new section, to be section six hundred and sev- enty thereof, to read as follows: S 670. Misconduct by officers and direc- tors of life or casualty insurance corpora- tions upon the co-operative or assessment plan or of fraternal beneficiary societies, orders or associations. Any officer or di- rector of a life or casualty insurance cor- poration upon the co-operative or assess- ment plan or of a fraternal beneficiary society, order or association, who shall sell his position as such officer or direc- tor for any money or valuable considera- tion, or who shall accept or receive, di- rectly or indirectly, any money or valu- able consideration for his resignation as such officer or director* shall be guilty of a felony if the money or valuable consid- eration accepted or received for the sale or resignation of such position as officer or director shall be more than five hun- dred dollars, and, if a less amount, shall be guilty of a misdemeanor. 5 2. This act shall take effect Immedi- ately. State of New York, Office of the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. SAMUEL S. KOENIG, Secretary of State. LAWS OF NEW YORK—By Authority. CHAP. 621 AN ACT to amend the drainage law gen- erally. Became a law June 23, 1910, with the ap- proval 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. Sections two, four, ten, twelve, eighteen and nineteen of chapter twenty of the laws of nineteen hundred and nine, entitled \An act- relating to drainage, constituting chapter fifteen of the consolidated laws,\ are hereby amend- ed to read, respectively, as follows: S 2: Petition for drainage; who may make, and to 'what court. Any person owning or possessing any swamp, bog, meadow, or other low or wet lands with- in this state, who shall be desirous to drain the same in the interest of public health or for their improvement for agri- cultural purposes and who shall deem it necessary in order thereto that a ditoh or ditches or other channels for the-free pas- sage of water should be opened through lands belonging to another person, or any person whomsoever who shall deem it necessary for the public health that any such swamp, bog or meadow or low or wet land should be drained, or that the outlet of any pond should be deepened or cleaned out so as to permit the free pas- sage of water of such pond to •such outlet, may present a petition duly verified, y> the county court of the county in which such lands He, or in case the same are situated In more than one county, to the supreme court, setting forth the facts In the name-pof the owners of all lands to be affected by the proceedings, so far as the same can with reasonable diligence be ascertained, and praying for the appoint- ment of three commissioners for the pur- poses and with the powers hereafter set forth. The application provided for by\ this section may he made by the super- visor of any town on hebalf of the town, or by the president of tho board of trus- tees of any incorporated village on behalf a* said village i 4. Proceedings on presentation of pe- tition: appointment of commissioners. The court to which such application Is made, if satisfied that such drainage Is neces- saofc, shall thereupon appoint and commis- sion *£hree persons, who shall be free- holders or householders in the county or counties wherein the lands are situated, and who shall not be interested In said lands, or any of them, and one of Whom shall be a civil engineer or drainage ex- pert, If there be one within the county, to hear and determine, first, whether It Is reasonably necessary or practicable, in or- der to drain such lands, that a ditch or ditches or other channels for the free passage of water should be opened\tri rough lands belonging to others; second, whetb- ef It Is .necessary either for the public health or for the Improvement for agri- cultural purposes,, or for both, that such lands should be drained;, third, the prob- able cost of such drainage and-the results that such drainage would produce, and. to take such other and further steps with reference thereto as are hereafter provid- ed for. S 1ft. Commissioners to determine wheth- er drainage necessary; to file their deter- minations, and give notice thereof. The said commissioners shall, after notice to the petitioner and the parties named in the petition. In such manner as they shall order, proceed by personal view of lands- and otherwise- to determine whether. It is reasonably necessary or practicable. In order to drain such lands, that a ditch or ditches or other channels for the free pas- sage of water shall be opened' through lands belonging to others than ,the peti- tioner, and. also whether It Is necessary either for the public health or for the Im- provement; for agricultural purposes of such lands. or\for either or both of such purposes, that the- same shall be drained. The said commissioners shall file In' the office.of the county clerk for said county their determination* signed by them; or by a majority of them. If they do not all concur; and In case the: lands are situ- ated in more than one county, then the said commissioners shall cause a dupli- cate of' their determinations so made and filed as aforesaid to be made arid filed iri each df the other counties to which a part of such lends are situated, tthich duplicate shall be signed by them aj afore- said; and rive notice of such filing to all whom It may concern, by publishing such' notice at least twice in some newspaper published In the town In which such lands d»a part thereof are situated; or It there be no such newspaper, then In a newspa- per published at a place nearest to said lands respectively, and by mailing a copy of such notice directed to each person in- terested in such lands or any part there- of at his last known post-office address, who has not been personally served with such notice. § 12. Survey to be made and maps pre- pared in case drainage found necessary. If it shall be adjudged and determined either by the said commissioners or by the court on appeal that for the benefit of the public health or for any other purpose herein provided for such ditches, drains or channels should be opened, or that such lands should he drained, It shall be their duty, unless the same shall be dqne by' the petitioner and owners of such lands -to their satisfaction, to cause an accurate survey of all the said lands to be made and a map thereof to be made on a scale of three hundred and thirty feet to one inch, showing all the lands that are pro- posed to be drained, the number of acres in each separate tract to bo benefited by such drainage, the names of the owner or occupants thereof so far as can with due diligence be ascertained; and the relative levels of each tract, and the width, depth, slope of sides, shape *6f course of such ditch or ditches or channels for the pas- sage of water as they shall determine to be necessary for* the drainage of such lands, and for the purposes of this chap- ter such commissioners are empowered to employ a competent civil engineer or sur- veyor, or to authorize such commissioner as may be a civil engineer or surveyor to act as such, and to enter upon any and all the lands named^in the petition or deemed necessary by suoh commissioners and survey the same and take levels thereof, and by-themselves, their servants and agents to do all things necessary to the preparation for construction and nec- essary for the construction and comple- tion of all such ditches and channels for the passage of the water, as they shall deem necessary for the complete drainage of said swamps, bog, meadow or other low lands. 5 IS. Condemnation of land. If the com- missioners cannot agree with any person upon the compensation and damages for making and maintaining forever such ditches or channels, the said commission- ers shall proceed to acquire title to the said easement upon and across the land of such person in the manner, so far * the same is applicable, prescribed by the con- demnation law. The easements,* over and upon all lands included in or affected by the work determined upon by the com- missioners may he obtained by one pro- ceeding under this section. In case the said commissioners become satisfied be- fore _ the easements-and rights for the maintaining forever of any or all of the ditches or drains previously determined by them to be necessary for the drainage of the lands, as hereafter provided, have been fully acquired, that part of suow drains are no longer necessary for the public health or for any other purposes herein provided for they may, with the consent In writing of the owners of the land whereon the same are located, aban- don the said drains so deemed by them to be unnecessary for the public health or for such other purposes, and they shall there- upon make a certificate in writing setting forth and describing the ditches and drains \so to be abandoned, and file the same in the county clerk's office wherein their determination of the necessity of the draining such lands has been fiieu, and thereupon the said drains set forth and described in said last named certifi- cate and any and all easements and rights to construct and maintain the same, shall be deemed to be forthwith abandoned and extinguished! but any costs and expenses previously Incurred In connection with such drains so abandoned shall' be as- sessed and collected as in this chapter provided. 919. Application of the provisions of this article. The provisions or this article shall apply, so fax as practicable, to pro- ceedings for deepening and clearing out the outlet of any pond so as to permit the free passage of waters therefrom,, and to perform the work required t&erefor, and to the assessment and payment of the\ cost of such work. The proceedings pro- vided for In this article shall not r be in- vokefl to drain, reclaim or secure for till- age or other farming' purposes only, any low, marshy or wet lands while a valid contract is In force -relating to the same premises pursuant to the provisions of article six of this chapter. i 2. Article two of such chapter Is here- by entitled \Drainage for the protection of public health and the reclaiming of low and wet lands.\ I 3. This act shall take effect Immedi- ately. State of New York, Office of, the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same ls-« correct transcript therefrom and of the whole of said original law. SAMUEL S. KDENIG, Secretary of State. elector therein; th» commissioners- shall serve, without compensation and goal! have no pecuniary Interest In tiny conW tract of dealing with the iald Ward of public works of the .village. In any mat- ter under tho official manageineivtj-'of the board. Every- commissioner shall; before '. entering upon the discharge at Ma duties take, and file with the village clerk the constitutional oath of office. • 5 m QrganMation of • boa/ar-nfeewf «%>Snai law. •So in original. LAWS OF NEW YORK—By Authority. - CHAP. 626. AN ACT to amend'the 'Village law, fa re- lation to establishing boards of public works fa villages and prescribing their powers and duties. Became a law June 23, 1910, with the ap- proval 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 L Chapter sixty-four of the laws of nineteen hundred and nine, en- titled \An act relating to villages; consti- tuting chapter sixty-four of the consoli- dated laws;\ is hereby amended by add- ing thereto, after article eleven, a new ar- ticle, to be article eleven-a thereof, to read as follows: ARTICLE 11-A. Board of Public Works. Section 278. Establishment of board df public works: appointments. * 279. Organization of' board; officers; meetings; general powers. - 280. Further specific powers and duties of the board. 2£L Reports. 282. Funds: how raised and applied. 283. Application of \other provisions. S 278. Establishment ,of board df public works;: appointments.. After: a proposition therefor has been duly adopted by the electors at an annual cr special election, any village, whether Incorporated under this chapter or other general lawy or un- der a special act, may establish a board of public wofks therein which, when es- tablished as aforesaid, shall be subject to the provisions of this article. The board shall consist of four members. Upon the adoption of the proposition the president of the village shall fortbwifhi by arid With the advice and consent of the board of trustees, appoint one member for a term ending on the next ensuing; thirty-first day of March and the other 'member for such terms, respectively, that the term of one member shall expire annually on the thir- ty-first day of March. Thereafter one member shall be in like manner appoint- ed annually on the last Monday in March to bold office from and Including the suc- ceeding first day of April for the term .of four years; provided; however, that ap- pointments shall take effect at the time of their confirmation by the board of trustees, arid until such, confirmation the incumbent whose regular term has ex- pired shall hold' over; and provided further, that if the first arid second ap- pointments submitted to the board In any year are neither- of., them' confirmed, no further appointments shall be made for such year but the member thus holding over shall continue to serve until the thirty-first day of March of the following' year. A vacancy occurring at any time and for any cause shall be fllledby the appointment in like manner of a, member for the unexpired. term of tho member whose position is thus made vacant. Ap- pointments shall be made in such mariner that hot over two members of the'hoard at any time shall belong to ths stuns po- litical party. All appointments, whether regular or to fill a vacancy, shall be made In writing and filed with the village clerk arid a certified transcript of the motion or resolution confirming the same shall-be attached thereto. The members sire here- by severally designated \commissioners of public works\ and may 1 be referred to as such. No such commissioner shall bold any other village; school of town offics\* during; his term anoVno person shall be appointed such commissioner who is not a meetings;: general powers. ' Within ten days from- the original appointment of. mernbersof the board, and within a like period each, year: .after the^ thirty-first'dsiy •of March! the board shall \meet in the trustees\ rooms or In such otliir place as the trustees may provide as. Ita'offlce and choose from their number a president to serve for one year, and a cleric to hold office at the pleasure of the board. The clerk shall receive such salary' as the board of public ^orfts may,, from time'to time by resolution, determine; payable as the salaries of- other village officers or employees are paid. It shall be the- ditty of the clerk to .record the proceedings of the board c-fpublio works fa a book to be kept for that purpose, and perform such other duties connected with the- office as shall be required by said -board. Said board shall meet each month and at such other times as they may decide. The said' board la hereby authorized arid empow- ered to make rules, not inconsistent with law, as to Its meetlngs^and all other riiat- ters under Its control, Said board of-pub- lic works shall in and for the village have all the powers arid, .perform all the duties of commissioners of- highways in towns, except as herein otherwise provided.' The-' said board is vested with the charge, management, control and maintenance of the highways, streets, storm water sew- ers, gutters, curbs, sidewalks, public parks, places and squares within the vil- lage and of all the machinery, tools and' imp ements used In connection therewith, and of naming the streets and giving numbers to lots and tenements and chang- ing the same. Upon the organization of said board of public works all of the prop- erty and effects owned by the village used or to be obtained for use In connection with the matters to which the provisions of article six of this chapter, or like pro- visions in.the special act Incorporating the village pertain, shall be under the di- rection and management of said board of public works. AH the powers and duties vested by lav* in the board of trustees of* said village, as'to the streets, sidewalks, curbs, gutters, \Storm water- sewers, pub- lic places, squares', parks and bridges are hereby transferred to and conferred upon such board of public works. i 280. Further specific powers and du- ties of the hoard. Xhe said board of puis- ne works shall have power: 1. To appoint and employ a superin- tendent of streets?- who shan be a real-' dent of said village,\ fix his salary and re- move him at nleaaiirn. Jte shall,\ under the direction and control of the board of public works, have the care and superin- tendence and repair and keep in order the highways, streets and parks In said vil- lage.' 2. To make contracts relating to the construction and repnlr of bridges; high- ways, streets, curbing, storm water sew- ers, sidewalks, public places, squares and parks, cleaning streets and the removal of dirt therefrom, the grading, paving, repaying and macadamizing of all streets, public places and;, squares, and the pro- vision of all materials, machinery, Imple- ments, utensils and lajior therefor. a To construct, lay out, exterin, alter, straighten all streets, sidewalks, curbs, gutters, storm water sewers, public places, squares and parks In said village; no street shall be discontinued and no new street opened without the consent of all persons owrdms of interested In lands thereon, except' by proceedings under the highway law. ' 4. To grade, pave, repave or macadam- ize any street or section of-a street or any public place or square and to fix and reg- ulate the grade- line of streets- and side? walks, and to cause said walks and gut- ters to be made and curbs to be set of such materials as it may direct. 5. To-cause all necessary surveys, maps and profiles relating to streets and side- walks existing at the time or which may thereafter exist; ahd- to any work within Its jurisdiction, to'be made. 6. To regulate the planting, trimming, rearing or removing o t trees in the streets, public parks, places and squares iri tho village. -, 7. To Improve and ornament the public parks, pleasure grounds arid to make reg- ulations in the management and use there- of. 8. To regulate the use of storm water sewers and to grant permits therefor. S 281. Reports. After the close of the fiscal year and uilur to the\tlrss when Che annual financial report of the trustees Is required to he published, the said Aboard of public works shall make out and file with the village clerk a report. In writing, conTalnirig a statement- of the following matters: 1. The amount of money on hand at the beginning of the preceding uscal year; un- der Its control, and the'receipts from all sources during said year. •* 2. An itemized statement, In detail, pi the amount paid out during; said year, to whom and what for, arid balance on hand. S. The outstanding indebtedness of said board. 4. The Improvements and extensions made, during- said preceding' year and the general condition of its department. , 5. An estimated statement of the amount necessary to defray the cost (a) For cleaning the- streets. (b) For ordinary repairs to streets, (c) For the portion of the expense of paving and curbing. (d) For the mairrtgnaseev ornamenta- tion and improvemeriiSdf. the public parks. . (e) For the care' and ordinary repairs of the storm water sewors. (f) For extending the storm water sew- ers. (g) For the purchase or repair of ma- chinery. Implements and utensils for the use of the hoard. Or) For-salaTles. (1) For other expenses of said board not specifically mentioned. (J) Such- other facts >us said board deems important for the information of \the village; together with such recommen- M»wMl«'f«>*», *a ftoas^ttey* went pre- Wiiily .Imposed on nfctiufttUnd by the 6o«td « teusijeep, shsll mm to-the lat- 14 r This act shall take effect immediately. State of New Xorfc, Office of the Secretary of State, ss.:. ' , ' I h.ave,comps)red tt» preceding with the original Janr.ota file In this office, and do hereby certify that the same Is a correct gsanscMnt therefrom -and-mt .the whole of SAMUEL S^KOBNIO. •=-^' Secretary of State. •So In qrlglnaX LAWS OF NEWYOflK-sBy Authority.' CHAP. 627. AN ACT to amend the real property law. In relsition to registering the titles to real property. * ' Becanjej a law'June 23,3810. with the-ap- proval of.the Governor. Passed, throe- fifths ^elrigPpresent. 'i The People of the State of New York, represented In Seriate and Assembly, do 'enact; as follows; Section L Section three hundred and seventy of article twelve of chapter af ty- twp of the laws of, nineteen hundred and nfae, entitled \Art \act relating; to real property, constituting chapter fifty of the consolidated laws,' i s hereby amended to read as follows; S 37ft Application to register title to real property. Real property, or any estate. Interest, or right therein, the title to Which is hereby authorized to be regis- tered, may be brought under the operation _of- this article by the filing of a complaint, verified as prescribed by the code of civil procedure arid praying for registration; with the clerk of the county in which, the land, or some portion thereof, is situated. The application may be so made In per- son by the. owner or owners of such prop- erty, estate, interest, or right, or by an attorney at law duly authorized so to do. A corporation may also apply by Its duly authorized, officer or agent. An Infant or other person urider disability-may apply by his iegajly appointed guardian, or trus- tee, or committee. The natural person or corporation. In whose behalf ahe complaint is filed may he known, and is treated in this article, as the applicant, or plaintiff. The complaint so filed may be known, and is treated \fa this article, as the applica- tion. <- • i 2. Section three hundred and seventy- nine of article twelve of .chapter fifty-two of the laws of nineteen hundred and nine, entitled \An act relating to real prop- erty, constituting; chapter .fifty of the consolidated laws,\ Is hereby amended to read as follows: i 379. Cantents.ot application for reghe Mratlon; other papers to he filed. The ap- plication for registration shall be made by filing* complaint, as-required by section three hundred and seventy of this chap- '\\ Except as otherwise specified here- can be reasonably, sjjoerjalned by.Inquiry on said properties; arid, as jtq actual or possible owners or elulmants.;of the pr.op^- erty sought t o be registered, riot known or not found, It shall state, fully what search and efforts- have been made t o find tHem. AH possible owners and claim- ants of the property sought t o be regis- tered, or any right or interest therein or lien thereon, or in o* on an* part there- of;, who '-carinot be otherwise described, shall be designated iri the .certificate; and In the. summons and compla|ftt, by the^ex- pression .\all other persons, If any, having any right or Interest iri, or lien upon; the property' affected by this action, or any part..thereof.\ By the statements of fact contained in said certificate of title 1 ; or by separate accompanying affidavits, or by any other or additional evlderice,- if necessary, stating the facts, or by any or all of these, sufficient facts must be shown to satisfy the court that all own- ers and claimants of the property sought to be registered, or of any right or inter- est in or Hen \upon the same or any .part thereof, who could be found by diligent inquiry are duly and specifically named arid made parties to the action. The ques- tion of the sufficiency of the proof that all suoh owners and. claimants who could be found by diligent Inquiry are duly and specifically named and triads parties to the action shall be for the court; Its dSi ter. _ , In, the complaint Cand the summons In the action) shall name as parties to the ac- tion /all- persons having or claiming any right or interest In or lien upon the prop- erty, or any part thereof, as shown by the examiner's certificate of title hereinafter described, and such additional parties as may be designated by the court in its or- der directing the issuance and service of the summons, and the complaint and sum- mons shall have the forms and effects prescribed for them by the code of civil procedure. The complaint shall set forth, in addition to any other proper allega- tions: a. The name and post-office address of each of the' plaintiffs; and when made by one-acting i n behalf of another, the name? and post-office address and capacity of Ahe person s o acting. - b. Whether or not each of the plaintiffs (except in oase of a corporation) is riiar- ried, and, IT married, the name and poat- offlce address of the husband or wife, and, .if unmarried, whether he-or she has been married, and if he^or she has been mar- ried, when and how the marriage rela- tion terminated, and, If the marriage was terminated by annulment or divorce, when, where and Jjy what court the an- nulment or divorce was granted, and for the misconduct. If any, of which party it was granted: \ c That each of the plaintiffs, is of the full age of twenty-one years and -free from any disability\ or, IT he Is a minor or under disability, his age or the nature of such disability, and the authority of the person by whom, bis application Is made. d. The names and post-office addresses- ->f the defendants (and whether or not. any o^tbem are infants? or otherwlso incapaci- tated) as far as knqwn or reasonably as- certainable; a description ^of those whose names-'are unknown, as prescribed -by sec- tion, four hundred and fifty-one, of the code of civil procedure; and a designa- tion of_*il. other porjslln^.oaoiers--an(l--(-ticff-uf--5rjs.- datlons as It may deem proper. (k) Said report shall be published with the annual report of the hoard of trustees of said village.' \\^ -. .5 282.. Funds; how raised and applied. The board of trustees shall place the amount so stated and! estimated fa the vil- lage budget and tax assessment as part of the ordinary experiijes of the village and raise the samo' r fcy tax, provided, however, that if the \sum so estimated exceeds in\ the aggregate the sum of fif- teen thousand dollars In-a village of the first class, five thousand, dollars in a vil- lage of the second class or twenty-five hundred dollars In a village of the third class, the same sball not be thus raised Without the approval -Of the electors of the village as shown\ by a proposition therefor adopted at the annual election occurring next after the filing of such es r tiriiate. It any such esttrriate, submitted to the electors pursuant to the above re- qulreriients, is not approved then the amount to tie raised as aforesaid for the board of public works, for the year to Which such estimate relates, shall he the maximum sum above specified for village, of the class to which the village belongs. When available therefor, the village treas- ui-er\shall place the moneys so raised to the credit of the street fund, which fund 'shall be applied only to the payment of drafts, or orders Issued by said board of public works, signed by its clerk and pres- ident. In case the boai-d-of public works shall at any time determine that the amount so placed to the \credit -of the board of public works Is more-than will .be necessary to defray the expenses of said board of public works for' such cur- rent year, the said village treasurer shall by direction of said boird df public; works transfer the excess -thereof from Ike street fund t o tiny other fund of said Vil- lage. In a village having 'a board of pub- lic works all moneys required for exercis- ing its powers and duties shall be payable exclusively from the street fund. - * 128& Application for Other provisions. All provisions of this chapter conferring powers or Imposing duties generally upon all municipal boards as Such, without ref- erence to the particular functions of sny such board, shall apply to the boaVd of public works, and a board of public works established under this; article may be abolished in the mariner provided by this chapter for the abolition of separata mu- nicipal boards. • in toe effriv off such abol- ition, the powers and dutlM ef tlui board\ claimants of the property or any right «r interest in or Hen upon the property or any part thereof as \all other -persons, If any, having any right or interest In, or Hen upon, the property affected- by-^tllW action, or any part thereof.\ In addition to the defendants above specified, the complaint shall specifically name as de- fendants the people of tb&sfate of Hew\ York, arid also all persons who have filed any caution or cautions against the regis- tration of such property, as provided for, by section three hundred and eighty-three of this chapter. -The complaint shall state at the beginning thereof what claim. If ,any, the-state,of New York makes to the property in question, or what Interest, if any, it has therein other than the gen- eral governmental Interest or such as ex- ists as to all land 1n private ownership. e. A proper^ reference to the official ex- aminer's certificate of title; and to the survey, map or plan of the property; each of which Is Jo be annexed as an exhibit\ to the complaint, and made and declared by the complaint to'be a part thereof. f. A statement, when' such l a trie case, that the complaint fa made, by, or on be- half of, the owner of a .contract to pur- chase said property. g. A prayer that the title be duly reg- istered, as belonging to and vested in the plaintiff or plaintiffs, of: as the facULtnay require at the time of such registration, in the manner s^t forth\ in the said cier-, tiflcate of title or otherwise; and that the court may oMer'the' Issuance of the \sum-• mens and service* of .the summons and the proper notice, as hereinafter directed, on all the defendants who have not drily appeared irrtrie action.-The court may require additional facts t» be stated in tho complaint, and nwy-redpffe'tho^ filing of any additional paper pf evidence., It may. also- require tKe'eompWnlt'to - ^)*, amended and reveriftldas the circum- stances of the case may demand or-make proper, . - 1 ' '\- J 3. Section three hundred and eighty of article twelve of chapte^-nfty?l f wo df. the laws of nineteen; hundred\ and' nfae, *entied \An act relating to real property, constituting chapter fifty of the- cori(ol}- dated laws,\ Is hereby- amended to read as- follows: ! 380. Examiner's certificate of title; other evidences of title. The official, ex- aminer's certificate af the title referred to in section three hundred and seyen'ty- nlne shall accompany the complaint as ah exhibit, and be made a part thereof, An Individual examiner, who makes the cer- tificate, shall annex thereto his affidavit that the-same is true in every particular, to the best of his knowledge and belief, and that he has employed all Usual means and' methods for ascertaining -the truth thereof, and all the facts and circum- stances affecting and concerning the titter to said property.- A corporate official,ex- aminer, that makes the certificate, shall annex thereto Its policy of guarantee or Insurance of the title as shown by the cer- tificate, for an amount to be fixed by It and the plaintiff or plaintiffs, which amount shall hpf be less than the last. Valuation of the property or Interest Insured; :for the purpose of local annual taxation, or its proper proportion thereof; which guar- antee or Insurance Shalt he made In favor of the plaintiff, and the people, of the state, .of New York, arid shall iflttrer to the bene- fit of, and be recoverable, upon by, any one who may be Injured In any way with- in ten years after the flllnf of laid poUe* df guarantee or Insurance, because of jury error, fraud, omission -or mKdsscriptlbn In said certificate. SalJ offiplsl ex»m- inefs eertlfhate shsUSset forth the sx-i' set stats arid condition of the tltls so'ught to be registered In the action, arid the names and post-office addresses as far lis known or reasonably asoertafruibls, jtnd the rights or lntsrssfs. or clsjuned HgAfg or Interests; of the plaintiff arid all oth»l- personf having-or claiming any rights or Interests In or liens upon.said property or any part thereof, and ths rismes sod nost-offlce addresses of the Owners Iri fee simple of the surrounding ' cdrittsuoos properties, as far «s. they ar» known or clslon, that such proof Is sufficient shall -iPPly. to the matters so controverted kit n V An ^. !._ li_ *_i , E I • -— -•» 1' »^_ It.. ' TCIliaY l tVta nAH<4 ta • rtntt^a*J j.. be shown by its making the order for the service. of the summons and the com- mencement of the action' as prescribed Iri this article, and BUch decision or order shall not be drawn fa question after six months from' the time when the final judgment In the action Is entered. There shall be tiled, with said certiiiorie of title the abstract of title and the searches made or used by the official examiner In the process of his work of examining the title; also all the other proper evidences of the due^exaratnation of the title.- The examiner's certificate of title shall con- tain a short fbnh of description of the property, the title to which Is sought to be registered, which form is to be used in the, notice to accompany and he served with, the summons, as provided by sec- tion three hufrdred arid eighty-six of this chapter. The court shall approve of suoh form before It Is used In said notice, and such approval shall be shown by the mak tag of the order for the service of the summons t and riotlce. Said examiner's certificate shall contain, or be accompa- nied by, any other or further Information that the court may prescribe. -The first part of .said -certificate- shall be a sum- mary of the results thereby shown, which summary shall briefly set forth tjie exact state of the title to said property. Said CBTflficate shall be substantially In the form set out In* section four hundred and thirty-four of this chapter, with such ad- ditions or modifications as the court may order. Where- the title- to the prerhises sought to be registered Is fa whole or in. part the* same as that of another parcel of land title to which-has been registered, reference to the earlier abstract on fie In the county in which the-coraplalnt Is filed may be\ made by the official examiner In place of duplicating the matters therein contained, -Reference to official searches duly filed In the county In which the com- plaint Is filed may be made by the official examiner In place of duplicating the mat- ters therein contained. The papers so re- ferred to shall have the same'effect as evidence and proof In the action as said official examiner's certificate of title, or said searches, as the case may be. Where the complaint seeks registration of a title subject to restrictive covenants or agree ments, It shall riot be necessary to Join as defendants those persons who have or claim rights to enforce such covenants and agreements, but unless such persons are joined as. defendants the judgment of registration must direct that title be reg- istered subject to such covenants and agreements. S 4. Section three hundred and eighty- two of article twelve of chapter fifty-two of the laws of nineteen hundred and nine, entitled \An act relaiirrg'to real property constituting chapter fifty of the consoli- dated laws,\ is hereby amended to read as follows; - 9 382. Notice of application and of pen- dency of action. At the time? when the application for- registration of any prop^ erty Is filed, the plaintiff'shall also cause to he filed a riotlce thereof in the office of the county.clerk\and registrar\ of each: county where the- p'roperty Is situated, which notice shall oe made arid filed in the manner prescribed by section sixteen hundred and seventy of the code of civil procedure, and shall-be indexed, against, the names of the plaintiff and all known defendants; except .the owners of abut- tinsjproj>erttes i _«ttd_shall JonsJiBile_rio.-_ stateirae>tsvof.'gth:*?^^taa r 's certiti™,. -and- presuriip*tlve' e?ld.eifce-0f the facts .J ^^.Wf^if^Afi-ftrinS? defendant ' controverts fife\-ailegatjon -or .statem™ contained fa'saiaScertfncafc of title ah stradtj or searcfi«»,';pr\jfurvey. the tan. controverting SHOR tallegation or stati! merit must he. •spegl.fically pleaded and set.forth, ariffexdept-'as.'lrithis section otherwlse\nrovidea.'^TffltrDe establish.? afflrmatively-by'-'-the - defenffant pieauS or settings- forth,-the>same; The C0U rl j may require, at. ; agy..'*lme, any amend ment or modification of said official oi\ amlner's certificate.' or. any further or amended surwey or certificate, or anv additional evidence or proof that may bs necessai-y or proper, '-v.All''the allegations and statements. • « sata*. certificate ab tract, searches, arifj'sujvey shall be tak n and constfueoV'as. statements of fact nless they are-expre*!}y declared there 1 to be .conclusions'or opinions. Wh.ro party has controverted in his pleadine •peoiflcally .'an allegation or statement •ontalnad in said certificate of title ab street, searches or survey, any p„rty who has appearedVIn persori or by attor ney. or\ counsel at the ti;ial-may require that the ordinary rules of evidence and proof, unaffected/by .this section shall r nerson. and ,may.JB«ripi!!« ; elouo er Person, \*- -JVUi,',„»iSa - ri..^,«iolt: _ .J. application, and of the action when the same I s com- menced,\ and shall be fa all other re- spects the; same as a -notice of the pen- dency of an action under section sixteen hundred and severity to- sixteen hundred and seventy-four ^Inclusive of the code of civil procedure, except that, If .the ap^ .plication be dismissed, or .the. \action dis- continued, or lit any way teTrtaUfflRd* other fhari -by regtotratioir, of the tltley no order fdr the cancellation of. such MK tlce shall be made by the court'until it is duly' ahC Jffilly'jn'oved, to> fh<£ court< .that the provisions of sectioa four hun- dred; and ten of this chapter - have been fully compiled wltfi and perfomiett The notice of pendency of action ftiea with the. registrar; as provided in this-sectlon, shall also be noted on the \tickler cer* tlficate vO'ook\ as if it were an appllca-> tion, and said notice shall be treated j& and take'the place of,, the applicittlori- or complaint fa all. cases In -which this act requires, the registrar to deal with the application or complaint, , t \. .; ; I'B.\'Section three hundred' and eighty- three of article twelve- of .chapters fifty-. 1 two of the lai\ * •---•-• • > - - riine» ; ;eritltied r „ property,\eonstltuting chapter fitty^of the consolidated Jaws.t Is herebyi amended to read as follows: -.. , '. -; A . 5.383. -Filing of caution/ .^j?'Jfi|rs6h- clalmlng to' hate\ariy-jrightr of Ihtei^sf iri or lien upon ,any real '^rfipeir^^br-^anjr. lar't thereorV-inar fll* wlth^tl^regys'trar a written notice, to?-be^styled a^'cau- tlon, fl .that he reqnire* wrltten^aotice to be given 'to hftn or\\aiyy appHcalion: for the registration of the title oft said' real :*roBe*ty. , Ir^'srichjn6Hc^ ! h>^nall snow- ;how he claims title; iBgtht' lntere»t>or BeA- and^shaft »v«^K' owi»^pdtt-=o\ffiee address, and that of a,person .'(twno-may be' biirisfllf-o%! nott upon 1 Wttctmtffe- no-. Velr\ - - - ' - When the court Is satisfied that the Plaintiff, appears Jo have a title thai should be registered, it shall make an or. der directing that the action to register suoh title be commenced by the' issu um of^the summons, .and, the service of the suminone and the notice required bv sec- tion three hundred.a'nd eighty-six of this chapter. The S'lmrhons. shall be ma.de and have the form, and it and^ald notice shall be served In the manner prescribed by the code of civil procedure for a sum- mons In an actlon'iri the supreme court- except that,- when service Is directed to be made by publication, It shall be ordered to he made .in orily.one newspaper desig- nated by the court ifnee a week for four , successive weeks, arid such service so made shall ^ be ^complete at the end of twenty-eight days from and Including the day of the first-publication; and except further-that any defendant on whom per- sonal service\ Is inane without the state pursuant to'snob an\ order shall appe ar answer, or demur wlthift twenty-eight days after, such prersonal-servtce; and . x- cept further that-an order for service „f the summons\ andVsttld- notice shall be a court order, and-the summons served pur- suant thereto need not be accompanied by any notice excepf-that-prescrlhed and required by section\ three hundred and eighty-six of thia cHapter; and except further as other-wise' provided herein Before making an order for service of the summons and said- notice by publication or other form of substitpted service ti, B court must be satisfied by proof of the facts that the plaintiff has been or win bo unable, with due diligence, to make per- sonal service' Orthe* suininphs. The ques- tion of the sufficiency of sueh proof shall be for the court; and an allegation. In .in affidavit or other: duly verified statement recited In said order, that the plaintiff has been or will Be^unable with due dili- gence to make personal service of the summons, or that after diligent Inquiry a defendant remains'unknown to the plain- tiff or that^the piairitlft Is unable to as- certain whetater^niraefendant Is or Is not a resident of the.state, miay be taken to be Sufficient proof thereof. An order con- taining sflch a recital, arid- ihade on such i proof, shall not be drawn In question after six months from the time When the , . final judgment jn the action is entered w Service oJTthe summons and said notice f on the. people- oOthe\ state of New York shall be., sufficiently made, by mailing a copy thereofj together with a copy of the_ complaint (but\ not-of the official exam- iner's certificate: qf. tlfle or abstract or other papers med B ,w«h r th9 cqmplaint and application) »furely Inclosed In a post- paid jjrapperi ajid directed to the attor- tftyfgenefaT'df the state of New York. The attorney-senega may\ require the service also,of*a copy of the official ex- aminer's certificate of title and of the ab- stract of title. Upon' and after the issu- ance of the-summons, the court's juris- diction shall'be thaisame.as in an action in the supreme, court in which no order for the riomriiehcerrient of the action is re- quired; and ,the'*aetl6Jn.«ahall beTgoverned by; and shah* proceed according to. the laws.of this state arid the rules of court, relative t o sab;!^ an action, as far as the same ate not exjjressfy abrogated or inodi- (ied by this article; ;' ^ ; 7; Section three: lrundred and elghty- ,aix of^r^!e.jrjyej^e_jat.j!hanter-afty.iwu \\artEe laws of nineteen hundred and nine, entitled \An act relating to real property, constituting ohapter 'fifty .of the consoli- dated laws,\ is .hereby amended to read as fdlft'S's:. } 3§6; Notlqe of object of action; copy of complaint The summons, however sorved, shall bo accompanied by a notice, which shall state\ the object of the action afidsdescribe brlefiyTT^'pTaldly, the prop- erty, the title to'whic'iCis sought to-' registered.' Said' hoticje shall be appro! by the court,\ arid a coijJrSthereof shall l'^ annexed to the brderStllrectlng the iervi|o| of the eUmniohs arid jFaH'nptice. SuJ wj tlce shall be as lollops: .\The oij. t ; v this action/ Is to register and conti>>\ title of (name \or names and post- - ' address of \plalntiffliri'xuii) fa the r. Infc described property (description as proved by the fcourt)i'\-\A copy of • 'complaint; but riot, ofv the' official e\.< irier's certificate of title ;or 'abstract i -other paperfl'fliejd wlthilhe^eomplaint a application; way==be-.demanBed 1 by the tl»''may\be*serVWlri^ -of any ap-. v plication to register-said title, service of ;smch./ri6tlc$ shall bs» made within fen days after\ the «a\ppllcatldri. Is* filed, by mailing 'sata notice -securely Inclosed-iri- a' post-paid wrapper/and directed ftv'tbt .person indicated-at the place naroed.\''A' like*- cautionary, notice may be WtWteii by.the .owner of -the) lamf; as to- .fife- reg-' .land, abutting^ upon lis- IrtdpTHtn^tSo like proceedings iri all -respects: - There' shall Be kept by thS\ registrar •a\!ocaitty' Index of the cautionary notices, In which the same shall be indexed\ tinder-^the the^fii _ wearesf .W'-iC-^ IS^ISjf '.;»£8$£Tb»geE; Where.toere' is a* *lanifr amp 'gmnk^-islor tlons and^Jvtdfai^me'IifMplts^S blocks, theTndex (AlK^ffip@5& '^tttion.^piri^W jhrittcP.»xBei^l»'.4n 'Sotloft uiidWthlsfiu^sftl' /. jisi.T 16. Jetton three fiuridred iul-s'lgnty-, ;lv«'o/arti# twelve,of chap%®tyHwb olhe, sh'tltled' •'An- act^reUtln* M r*S rJroperty, (JoMti8pri«f., : onSpter flJtty : ,of the TOnsolid^tedUawsV'.Is herthy amend- Ori the 0m*plslijt and ail the other pa- plaintiff ^appear* to have a titlfc' that ,»h0u«--b»tr*gIs,terBa(---8or , tte'lmSpief ofl- srrivjhg St. such determination, the court may require a further examfaatJOri .of the title, to be mad* by ths sate*:.'**- amln«r-wh(> has made toe oertlB+sit*,. or by anotbefofflolal «xaiirfft«r;1*«iP \ »lso-require A further \or «ni*is*^ vey or certificate or addltierial MM*' fits or any other proper ^Vldenes or proof In all prooeedfags, -sutjssnumtt to the determination by th# court UkM ths- plalntlff appears to bars a tttls Ms** should be reglst»T»eV the ullsvatjotM and tdrri§y\ of any:defendant, (and if so . manded'-riiust : be. gerY^'-as'nrescrlbed i » a .^, 0 *„«,.,<> «L lamniBr-imv.. • li ^\ totkhlkj^; wBt-SrVemy-iiine > throws . 0 rn£et£ri\b^^^ ntltlea .'.-Ari £ct\?i^Or&- reaV ,-«* 8l S? 00 ™ t^J^PtS*3™ e ' e X ... -r-. • . ->- seven of articles twelve,,**''Chapter flfl. two.of the lawS'Of.r.ntneteen hundred all nine. entitie«^»Antjacf : rvflatihgjtj^rj; ^bperty ( }cblisftftftngf cnffpt|iC*l5fty of m .consolldatedlaws;'^ Is. hereby! amended & .read as follows; - • i'887. Summons and notice to be posted on the land. A copy of the summons and notice of object of action,.as: above.de- scribed, shall be posted'-In a conspicuous place on each parcel of .land included in the action, at least\ forty days before ap- \plication is made tor, Judgment iri the action. The-jsLffidavIt ^bf .the nerson by whom such pOBtlng Is made shall be proof „tha* mush notice was^posted iri a conspic- uous 1 place, and shall bet filed with the application for the- judgment or before the-judgment Is Entered.,. - , S 9, \'.'Section three hundred and eighty- eight bf.'artfcle twelve of chapter fifty-two -*f the laws of nineteen.hundred and nine, , entitled «An.jK£ri%Uh-gr.t6*realJpioperty. cbnst|tupng--.chapterrnffi*^of. the consoli- dated. laws;\ri*»er^hy?tepealea and such chapter.is. hereby: -amended by Inserting -M istratlon. of the title of aay^rjafrbTJie Itherein i aew s&SHoS-to^he-section three land abuttin g nrmn Jihu. 1««--iflrlF^;rt^.,^.^.ii; ^^.i.^Lut.i, *.* L. * *_ rea( j hundred ariot elghty-iight thereof, to i ajefollow*';,^ • -.JSi- di -- 5 3* ~:'- \ J'8» ; , i auar'aiari-iad^llteiiy^ln every ac- •tlop. ,to;regto\ter-tltIe;~th*<:cpurt shall make .>jS.or«ei>*p1p^lri;fm^g-aidIs&ferested attor- '•..hey^.o,th|r,#^-tfifctofBolal -examiner t>y •^M^Mittm&m-4$lirAil##*Ltl6 -certl- \ 1gl&.4%-.M4gU-arafe<aa''iltem for ail $mpm*itfmi\&g^&a&a tor mi iA..-.«.j !( tWM--^ffl 1 ^i^ 1 j 1 j^„ sa i a guar- \'•ti^Sialntiff es ^ri'- ; SoMi erwlse.,. AnyAuier-.j t A|f«mfea&L.,._ I lo, .^l^hree'-hrii &<&&& -*«%• -W-m.. -, th» laws of rifMtWtt hundred and (totilie***!! -e^;Wl*tlri»''l*f*«l property. ,«jfli«tlft»tig;..0B«|i«Bryi«y of-the censoU- . . . - dated..la#s,\-Is lierfbV amendsd to rend i^i^-s»-f6»to™*r-~T*~^--.r- \' - - - Isfe Title fa lands vested douds there- on removed In an*action under this ar- ticle, the court may Arid and decree In Whom the tfU^ to o* any #fht or Interest othei \Tr not l th'e'sa^e T is'\sub|eci-td.8hy;.lle ' r ° nbrance. estatefSl*^*^5?i» (crest, the title! and-^>y ^W^e^etJ not „ r incumbj.---. ^-^^^-^jiaa, ,, m „y direct the regtstrar-toareglste ,-h title right, or fater*st/.*ndi'.ta cas fh, sime Is subject to-anyiilia'nj.iin.cnm ,^„.v estate, trust op.'i»tere.sti-Biayglv Ctlons as to the TOaimeiB.andio.rder t „j,h the same-shall appear; upon th .rtflcate of title to • be* tested by' th -rfstr.ir and generally fir such an ae rr, n the court may rriake any and al «.i.-h orders arid directions as \shall be ac I rdimr to equity tit the' premises mid li r nformity to the principles' §f this. Art! ..,.. But no judgment of-'reflstration of i „le shall be made or-enterea-pritn proo. t, duly made inthe aqtfon'.by the certlft ™te of an official examiner-and by thi truncate or receipt of'theDffieer ehtitlet , collect the taxes, assessments or watei rents that all tax«s, water;rents arid as sessments on thepropertyyrlght or Inter „, the title to which is so'Teglseredi hav< h.-en fully paid arid-discharged, unless ths r „,irt directs the title- t o be registered „„t,j.-ct to any such tax. water rent or ..segment, which said tax,.-water rent or a-'sessment must than be- rioted on the oMuncute of registration. \Where the title t, be registered Is -subject to- restrictive c'lw-nants or agreements, -and It shall ap- m^r to the court either that said-restrlc- tn'e cuienantB or agreements have been M.iluted or that-by-reason-'of-the proper ,,, r tiei not having been'-joined the court ai.Miid not proceed to deterriiine whether sn.i restrictive covenants or .agreements hue or have not been-violated, then in ei'tm-r mi-e title may rievertheless be reg- j.ter.'d but the judgment of registration mu=t din it the registration to be \sub- ••i-i <\ any question as to 1 whether cove- i, ints {specifying them) have been violat- e.i \ and tho certificate of--registration s' ill so note; and then the rights In re- f] ,„, t lo such covenants of any person in- t,.,eMed therein shall not- be affected by t „ n imlgment or registration. < n Section three hundred -and- nlnety- o,. ..f article twelve of chapter fifty-two ,,r ill.- laws of nineteen hundred and nine, F. !\!.'! \An act relating toTteal property, , , -:iiiiilng chapter fifty of the consoli- ili-e.l IJWS,\ Is hereby amended to read .,- fullmvs: • \-] Judgments and orders conclusive. N i u.lsment of registration shall be ,u „].• unless \the court ft satisfied that II t,He to be registered accordingly is ti trom reasojnrble-i.doiiEt. rTHe JUdg- , i ind any order made and entered in :, , . uon under this, act shall, except as I II otherwise provided, be forever I, linit and conclusive upon the state of ,v i ^urk and ail .persona in the world, . i . r mentioned and served with trie , ,ns andSsaid. notice specifically by ..r included fa the. description, \all persons, if any,, havirig-any right or -1 In, or Hen upon, the property af- f ' l by this action, or any part there- .' It shall not be an exception to such i-iveness that any such person is an i ' n lunatic or Is under any other dls- ii n or is not. yet in being. I. Section three hundred and ninety- i »••• of article twelve of chapter fifty- ii'II ,.r the laws of nineteen hundred and i entitled \An act' relating to real in ,j. in-, constituting chapter fifty of the (\us.iluiated laws,\ is hereby amended to i- ,d as follows: j.t.1 Registration of title. Upon enter- wu rmal judgment, a Judgment, roll must i- prepared and filed in the office of the ii-ik. as provided by sections one thou- s.iud two hundred and thirty-seven and in thousand two hundred and thlrty- ,itht of the code of civil procedure. The tii-ik upon payment of aJCee of one dol- l.i, simii cause a. certified copy.of said j'l-tKiiitnt to be transferred to the \regls- ti ,r of his county, who shall forthwith file the same In his office; After the certi- fied copy of the final judgment direoting reulstratlon of title -Is duly filed In the registrar's office, thei registrar shall pro- ceed to register the title-to the real prop- erly, estate, rlghi'Or -Interest, pursuant thereto, and issue ar-certiflcate or certifl- t..tes thereof and tenter-thft- same as here- in prescribed. ! 13. Section three hundred and nlnety- eiKht of article twelye'of-obsrpter fifty-two of the laws of nineteen\ hundred and nine. «-i.mied \An act relating,to .real property, (-.instituting chapt»r*flfty.»otvthe «prisoli- dueii laws,\ Is -hereby'amended to read as follows: S 39S Certiflcatei tjr-'irfclude- dealings P-mling registration. In every case of in- itial registration, the- certificate of title shall include all • dealings with the real tHiipifty. and-all- statutory pr-otber\liens' filed against the same,.-subsequent to the tiling of the application, except when thev are modified cruet? aside by a judg- ment, decree or orderof-tbe court- Onand after the filing wlth'the.registrar of the nonre of appltcation\1tor>.the> registration of anv real property,'and\until-the same In remstered, or the application- la denied. dismissed, or discontinued, all papiers wiiii-ii are required or -pertnltted by this article to be filed* against registered prop- em, except the-'papers- In the action, shjii he tiled wlth-the registrar as If the property were registered. ! H Section four hundred and four of anirie twelve of chapter fifty-two of. the ia»s nf nineteen hundred and nfae, entt- tld \An act relating, to real property. (-.instituting chapter fifty of the consoli- dated laws,\ is hereby repealed arid $uch chapter Is hereby amended by.Inserting thenin a new section to bo section four hundred and four thereof; to read as foi- 1-lWS, i m. RcglHtuied.jnuueriy; .whefi to re- main registered.'.The? briri'glng of property under this article ai&ffC l n>P*y it, agree- ment, running with.;the Jatitf and binding upon the applicant and.all jjiSjsuccessors in Interest or title, thaf.the_BW>perty shall bo subject to the .termsiof-ihls^.artlclfi, and all amendments and .alterations there- of, and all dealings with* the. property ab registered, or ariS ests|pj i;igftt, or inter 1 est therein, after .Jhe^ssjrna, has_beeh brought under tlrls atttcle^,ftnd alt liens. Incumbrances and ohaiges*iip5n-tlia J same) after the first reglsfcatlpli thereof shall be subject to the ternurof tbts^arUclei ex- cept that at any tl&<LafferSUEerilrst regis- tration of any title, tor real property Un- der this article, or 'aftejf^aftjgssuhsequerit registration arid prior\to\ fee?\flffl»;.whes nny further memorial, .rir^,neta^tlori.«f.'ariy transfers of. Hens uponr vr^g&S&BR ferB\ relating to such real property-'«han. hava, bocn entered npott tJSe orMr|BX,cSrBflcatle or title of such real propefty Jn, the .\reg- istration bo6k'Vto,thff/ofa(se:pf the regis- trar (or after any^Mclrs'fur.ttB!f jnemo- rial or nota'tion*as-been;can\ce)l property may be «wfth;r}ra*}r;'from* said agreement and the v tsttfka£pt<j&la artlold. and all amendments ^d^ter^tlprurilOierer-' of as aforesaid; by filing .wlHMtie, JSiglsl- trar an instrument exeunt** byirthe: jfeglsp tcrcd owner of the, in/opsWJr..ln>l)ke hianf- ner as a, deed to be^e^ferflerf^qulrlpg- thp withdrawal-of ihe.prflp^Kppmieg-, istratlon. and by ha»1JBr;a;memtiranduin of such withdrawal made ,py>qie.regis- trar upon the. dupHc*te..fierttocafe!,p£ tltley and likewise upon theorWRP fir fad-'^eft tetratlon book\ of the .registrar's office;, said duplicate certificate of- title shall, then Immediately be. rejsordea. as a deed. in the office of the .register- ,0r county clerk (in counties where therfels riaregis- ter) of the county in.whlcBVOte-property wsltuated; and. Jnmiedlately^iljsrieuppn-. th™ shall be filed ^t&rtVe^mm* f • truncate of recordlngjpfesucMSplfisiitfc^ oertlflcate of utle .-by- ,»sjd_*tgr»ter ;of county clerk and thareildatrarU-stol^gpffij upon the original cwtffoi* atJSliffim fi'!ng of such cemSaai^m '\- This\ wIthd7awai;fr^r#|®iS>^W not be complete If..anyi-Jwaiihttl)?5tW*\fllea during the withd^warKpwStofli*,.«hsn' i,?„ r(,c ° r ? ed ' -^^mmn^m^.gi- [title shall be ndttee.toiWl)e|c*is»Tl>f5t** s 'recitals and m^^S^nfe-., i n« decree upon IsSfeTi saW''iSwWOatihof',- title was made shilf coh^sT'tftlrt'JHihdt.,^ ine and conclusive •asrifedec^^oririd*;- 4 '' ^'nt „f the «ft,retii« $^'MJ&«m£ manner ana to tbiV'ssWe>M^^«i9sf W of the game force «Sa,JOBm >i*nr-t*6' said title had.,riot;r t b^rf-m'*idttuic*wlt'( Prom the time-.otix^MUiiir^lrteyWS'. tmr of the. filing o* *«mc^»6s:fico\*.W'. cording as aforesatif, .||^ 'IJrirUf fitfrtNrrr registration, sald;pl»|)^yi»lwai.'-p» *«4 become as, to alliBttt^in* su|«i«^ll»ni' » the time of such.reooramg.' SriWect t * ««- If^^'ons of law «^(fa»r-W-1«rf^yVth#» M •tltje-to whichd laM.*S^sC.sily1uBS,T*«i»- -J* I t' pi C( -d( ii ri ,nr of .at cl ta et of fo sc th *e gr -j' .'#! off JO. lull 1 iris lis ~in th* property or sny Mrt thereof Vestsd, whetkaFfa ths^pfajatia or in any I registere I 16. Seouon four-hundred moi sW of tide twelve o\« \ ' \\• • \\\\ «»• of nisei*** onstltu«ni^i^ r ^7^\^'^Mp' >n roirr Jiunorso m s» or t,r*is,t»ir,to Tjui^jlHnmttn .tot L eui lot lun -^m^- ^.'J^UU-awW^B t 1 *
