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Repeal.

Words in act defined.

and twenty-five of chapter seven hundred and fifteen of the laws of eighteen hundred and seventy, are hereby amended so as to be numbered sections fourteen, fifteen and sixteen, respectively; and sections twenty-six and twenty-seven of chapter seven hundred and fifteen of the laws of eighteen hundred and seventy-nine are hereby repealed.

§ 9. Chapter four hundred and seven of the laws of eighteen hundred and ninety-two is hereby repealed.

§ 10. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 11. The words "this act" as used in the sections hereby amended, as well as elsewhere herein, shall be construed as refer ring to this chapter of the laws of eighteen hundred and ninetyfour.

§ 12. This act shall take effect immediately.

Duties of attorney

Chap. 68.

AN ACT to amend the executive law, relating to the duties of the attorney-general in managing and conducting criminal actions and proceedings.

BECAME a law February 28, 1894, 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. Subdivision two of section fifty-two of the executive general in law is hereby amended so as to read as follows:

criminal

actions and proceedings.

2. Whenever required by the governor, attend in person, or by one of his deputies a court of oyer and terminer or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury such criminal actions or proceedings as shall be specified in such requirement; in which case the attorney-general or his deputy so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which, by sections two hundred and thirty-seven, two hundred and sixty-two, two hundred and sixty-three, two hundred and sixty-four, two hundred and sixty-six, three hundred, three hundred and nine, six hundred and nine and six hundred and ten of the code of criminal procedure, the district attorney is authorized or required to exercise or perform; and in respect of

such actions or proceedings the district attorney shall not exercise said powers or perform said duties, except upon the request of the attorney-general or the deputy attorney-general so attending.

§ 2. This act shall take effect immediately.

Chap. 69.

AN ACT to amend the charter of the city of Ithaca relative to the gospel and school lots fund of the town of Ithaca.

BECAME a law February 28, 1894, 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:

amended.

Section 1. Section nine of title eight of chapter two hundred Charter and twelve of the laws of eighteen hundred and eighty-eight, entitled "An act to incorporate the city of Ithaca," as amended by chapter four hundred and twenty-nine of the laws of eighteen hundred and ninety-two, is hereby amended to read as follows:

liabilities,

lage.

school dis

pel and school lots funds.

§ 9. The city of Ithaca shall succeed to and be vested with all Rights the rights and property of the village of Ithaca, and shall suc- etc., of vilceed to and be liable for all the liabilities of said village, and every suit, prosecution or proceeding commenced by or against said village may be continued by or against said city. The school district of the city of Ithaca shall succeed to all the rights and Rights of interests which that portion of the former town of Ithaca now trict in gosembraced within the limits of said school district, had or enjoyed in the gospel and school lots fund of the former town of Ithaca, the amount of which interest of such school district shall be such proportion of the entire fund as the assessed valuation of the property, within the limits of said school district, bore to the total amount of the assessed valuation of the property in the former town of Ithaca, according to the assessment-roll of said town of Ithaca for the year eighteen hundred and ninetytwo. The title and ownership of that portion of of said fund and the accrued interest thereon, hereby set apart to the school district of the city of Ithaca, shall vest in the board of education of the city of Ithaca. The supervisor of Payment the present town of Ithaca is hereby authorized and directed portion of to pay over and transfer to the board of education of the city

over of

fund.

of Ithaca that portion of said gospel and school lots fund hereby set apart to the school district of the city of Ithaca, and, if for any reason, he fails or declines so to do then such board of edu cation may begin and prosecute any suit against said supervisor, or against any person or persons having custody of said fund or any part thereof, to recover that part of said fund so set apart as aforesaid, or said board of education may resort to any legal remedy to recover the same.

§ 2. This act shall take effect immediately.

Sale of lands to cemetery

Chap. 70.

AN ACT to authorize the board of trustees of the village of Brockport to sell all the right, title and interest of said village of Brockport in and to the cemeteries in said village.

BECAME a law February 28, 1894, with the approval of the Governer. Passed, three-fifths being present.

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

Section 1. The board of trustees of the village of Brockport is Cotton hereby authorized and empowered to sell and convey unto the Brockport cemetery association all the right, title and interest of said village of Brockport in and to the cemetery and cemetery lands, situated in said village and bounded on the north by High street, on the east by lands of D. S. Morgan and company, on the south by the New York central and Hudson river railroad, and on the west by lands lately owned and occupied by Association Truman Cooley. From and after such sale and conveyance said trol, etc., board of trustees shall have no control or supervision over said cemetery and cemetery lands, but the same shall be held and controlled by the said Brockport cemetery association, which shall have all the authority, supervision and control over said cemetery and cemetery lands, conferred by law upon rural cemetery associations.

to have con

over same.

Sale of

lands on

of railroad.

§ 2. The said board of trustees is hereby authorized and empow south side ered to sell and convey to such person or persons, and upon such terms, as may seem proper, all of the cemetery lands owned by said village and situated on the south side of the New York central and Hudson river railroad in said village, which have

of question

been practically abandoned for cemetery purposes. And it is Submission expressly provided that such sale shall not be made until the to electors. said board of trustees shall be authorized to make the same by a majority of the legal votes cast at an annual election, or at a special election held in said village called for the purpose of voting on said question; such special election shall be held on the same notice as is required by law for special elections to raise money for extraordinary expenditures in said village for village purposes.

§3. This act shall take effect immediately.

Chap. 71,

AN ACT to authorize the board of trustees of the village of Brockport to remove the human remains buried in the cemetery on the south side of the New York central and Hudson river railroad in said village.

BECAME a law February 28, 1894, 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:

and reinter

remains.

Section 1. The board of trustees of the village of Brockport Removal are hereby authorized to remove the human remains buried in ment of the cemetery on the south side of the New York central and Hudson river railroad in said village, and reinter the same in any other appropriate burying ground in said village, or in the town of Sweden, Monroe county.

thereof.

§ 2. The expense of such removal and reinterment, not borne Expense by individual enterprise or funds raised by subscription for such purposes, may be raised by tax in said village, as other moneys are raised and collected by tax for ordinary expenditures in said village.

§3. This act shall take effect immediately.

Act amended.

Certificate for forma

poration.

Chap. 72.

AN ACT to amend chapter twenty-six of the laws of eighteen hundred and seventy-four, entitled "An act authorizing the formation of corporations to secure camp-grounds and other property connected therewith, for the use of the Methodist Episcopal church," in relation to changing the number of trus tees of such corporations.

BECAME a law March 1, 1894, 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 one of chapter twenty-six of the laws of eighteen hundred and seventy-four, entitled "An act authorizing the formation of corporations to secure camp-grounds and other property connected therewith for the use of the Metho dist Episcopal church," is hereby amended to read as follows:

§ 1. The presiding elder of any district, or the presiding elders tion of cor- of any number of districts, and a majority of the district stewards of any district or districts, appointed according to the discipline of the Methodist Episcopal church, residing in any ecclesiastical district or districts in this state, erected by an annual conference of said church as a presiding elder's district or districts, may make, sign and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of any county in such district or districts, and a duplicate thereof in the office of the secretary of state, a certificate in writing, in which shall be stated the corporate name of said corporation; the names, residences and official relation to the district Trustees. of the persons signing such certificate; the number of the trustees,

which shall be three or some multiple thereof not more than twenty-one, divided into three classes, to hold office until the first, second and third annual meetings thereafter respectively; their names and places of residence and in which certificate it shall be further stated, in substance, that the object of such cor poration is to secure the benefits of this act.

§ 2. Section two of said act, as amended by chapter three hundred and twenty-five of the laws of eighteen hundred and seventyfive, is hereby amended so as to read as follows:

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