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L. 1918, chs. 240, 406.

War.

CORPORATIONS.

§§ 1, 2.

L. 1918, ch. 240.-An act authorizing corporations of this state to co-operate in the creation and maintenance of instrumentalities for the winning of the war. Omitted as temporary.

L. 1918, ch. 406.-An act to annul the corporate existence and vacate the charters of certain corporations.

§ 1. The corporate existence of every corporation organized in this state since the first day of January, nineteen hundred and nine, under the membership corporations law, of the general laws or consolidated laws, whose certificate of incorporation includes in the statement of corporate objects, in terms or effect, that it recommends the establishment of educational associations as centers for fostering the German language and literature; that it recommends a systematic investigation into the part played by Germans in the development of their adopted country, in war as well as in peace and in all fields of German-American activities from the earliest times on, as a basis for commencing and continuing a German-American history; that it approves of all efforts to promote and maintain friendly relations between the nations of the earth and such as tend to promote civilization, especially as between America and the German speaking countries; is hereby annulled, and every such corporation is hereby dissolved and its charter vacated; provided, however, that any such corporation is continued in existence for the purpose only, and so long only as may be necessary, for the distribution of its property and assets among its members, creditors or other persons entitled thereto and for the winding up of its affairs; and it shall not exercise any corporate rights, privileges or franchises for any other purpose after this act takes effect.

§ 2. The supreme court, at special term, upon the application of the attorney-general, or upon the application of a member or creditor of such corporation if the attorney-general shall not apply therefor within thirty days after this act takes effect, may make an order appointing a receiver for such corporation, who shall have the powers, duties and liabilities of a receiver under the provisions of article eleven of the general corporation law, so far as the provisions of such article may be applicable. Such order shall not be granted unless the necessity therefor be shown to the satisfaction of the court.

COUNTIES.

Construction of memorial building; General Municipal L., § 77-a. Establishment of industrial aid bureaus; See Municipal Corporations, L. 1919, ch. 404. See also County Law, General Municipal Law.

COUNTY BOUNDARIES.

Establishing between Ulster and Greene, L. 1918, ch. 562; L. 1919, ch. 600. Establishing between Warren and Saratoga, L. 1918, ch. 561. Establishing between Delaware and Schoharie, L. 1918, ch. 559. Act omitted as special and local.

§ 1.

Apportionment.

L. 1920, ch. 779.

COUNTY DETECTIVES.

(L. 1897, ch. 62, vol. 1, p. 1369.)

§ 1. It shall be lawful for the county judge or, in case there be more than one such county judge, the county judges, of any county in this state, which by the last federal census contained a population of not less than one hundred and twenty-five thousand inhabitants and which adjoins a county containing a population of not less than one million inhabitants to appoint a detective to be known as the county detective for such county. Such appointment shall be in writing and signed by the county judge, or, in case there be more than one such county judge, the county judges, and filed in the office of the clerk of the county. Before entering upon the duties of the office, such county detective shall make and file the constitutional oath of office, and shall enter into an undertaking to the people of the county conditioned for the faithful discharge of his duties as such detective. The county detective so appointed shall continue in office for a period of three years from the date of his appointment or until his successor is appointed and may be removed by the said county judge or county judges after a hearing upon charges duly made by the district attorney, and shall receive for compensation the sum of fifteen hundred dollars per annum, payable monthly, and also his travelling expenses and other necessary expenses, which shall be approved and audited by the district attorney, and such salary and travelling and other expenses shall be a county charge and shall be paid monthly in the same manner as the salaries of other county officers are paid. If such county, adjoining a county containing a population of not less than one million inhabitants, contains a population of more than two hundred and fifty thousand inhabitants, there shall be appointed for such county as provided in this act two detectives, who shall serve during good behavior, and who shall each receive as compensation a sum not less than two thousand dollars nor more than three thousand dollars per annum, payable monthly; such salaries shall be fixed by the county judge or county judges of such county and shall be a county charge of such county and shall be paid in the same manner as the salaries of the other officers attached to the county court and their names shall be put upon the payroll of such county court. The provisions of this act shall not apply to the county of Westchester. (Amended by L. 1900, ch. 532, L. 1911, ch. 598 and L. 1920, ch. 779, in effect May 17, 1920.)

COUNTY JUDGES AND SURROGATES.

Compensation increased in certain counties; County L., § 232.

L. 1918, ch. 389.

Board of supervisors; powers.

§§ 2, 3, 10-b, 12.

COUNTY LAW.

(L. 1909, ch. 16.)

§ 2. Application of this chapter. This chapter shall not apply to the county of New York, except as hereinafter specifically provided, and except that provisions of the code of civil procedure in force on April fourteenth, nineteen hundred and twenty-one, applicable to the county of New York and substantially re-enacted into this chapter as a result of the revision of the code of civil procedure in the year nineteen hundred and twenty shall continue to apply to such county. (Amended by L. 1920, ch. 921, in effect Apr. 15, 1921.)

Note. Thus amended on report of Com. on Practice, the reason being obvious.

§ 3. County a municipal corporation.

When county not liable for alleged wrongful and illegal acts of sewer commissioners. See O'Brien v. County of Westchester (1919), 189 App. Div. 13, 177 N. Y. Supp. 507.

§ 10-b. Regular meetings.-The board of supervisors of the county of Ontario may by resolution determine to hold in addition to the annual meeting such regular meetings not exceeding one in each month as they may determine. If such resolution be adopted such board of supervisors may transact at any such meeting all business that may come before it, including the audit of accounts and charges against the county which have been presented to the board, and which shall have then accrued, and whenever such board shall have audited any account, claim or demand against the county at any such regular meeting, it may direct payment thereof by order drawn by the clerk of said board upon the county treasurer of the county, and may authorize the county treasurer to borrow upon the faith and credit of the county a sum of money sufficient to pay the aggregate amount of the accounts so audited and allowed at any one or more of the meetings so held. No such loan shall be negotiated for a longer period than twelve months. (Added by L. 1918, ch. 389.)

§ 12. General powers; board of supervisors.-28-a. The board of supervisors of any county may from time to time appropriate and pay out for the general improvement of agricultural and home conditions and for the support and maintenance of county farm and home bureaus to conduct demonstration work in agriculture and home economics and for the employment by said bureaus of county agricultural agents and home demonstration agents, and for any other purpose which the board of supervisors shall deem proper and which, in its judgment, will encourage and promote

§ 12.

Board of supervisors; powers.

L. 1919, ch. 499.

the general improvement of agricultural and home conditions therein, such sums as it may deem proper, and may raise money for such purpose by a tax on real and personal property in the county. The board of supervisors may by resolution, duly passed, direct the county treasurer to pay out moneys from such appropriation upon the order of the treasurer of the county association hereinafter provided for upon his giving a proper receipt therefor, and the chairman of the board of supervisors may be authorized to enter into an agreement to pay such funds in regular installments in advance, and such agreement shall be sufficient authority in the hands of said county treasurer to pay out such moneys, provided that this money shall be expended under an agreement to be entered into between the county association and the state leader of county agents, for the cooperative management of said farm and home bureaus and the proper supervision of said county agricultural agent and home demonstration agent; and provided that the co-operative relations therein established shall continue until either party to the agreement shall notify the other party that it wishes to terminate the agreement. Such a notification shall be in writing and shall be served at least six months preceding any action taken to annul the agreement. After receiving such notice co-operative relationships between said parties shall cease at the expiration of the six months' period of notice providing reconsideration or request for continuance is not made by the party issuing notification of desire to continue work under the provisions of this agreement. On or before the first day of December in each year and at any other time when requested by the board of supervisors the officers of such county association shall report in writing to the board of supervisors a detailed statement of its work and transactions for the year ending November thirtieth, and for any other period which the board of supervisors may request and in such form as said board may direct.

For the purpose of this act there shall be recognized in each county of the state which shall qualify under this act to co-operate with the state college of agriculture and the department of farms and markets in conducting the work provided for in this act, a public county association, known as a county farm and home bureau association, or as county farm bureau association if only one division is organized, herein referred to as the county association, when the form of organization has been duly approved by the state leader of county agents, provided that only one such association shall be recognized in each county. The county association thus created may adopt such regulations and by-laws governing its procedure in the work as are not inconsistent with the provisions of this act.

There shall be annually appropriated out of any moneys in the treasury not otherwise appropriated, for the purpose of assisting in the organization and contributing toward the support of county farm and home bureaus in the various counties of the state the sum of six hundred dollars ($600) per annum for each county in the state for agricultural work and the sum of

L. 1919, ch. 499.

Board of supervisors; powers.

$ 12.

five hundred dollars ($500) per annum for home economics work for each county in the state which shall qualify as required by this section; provided, however, that no such bureau shall be entitled to receive any money so appropriated for agricultural work unless the county in which the same is organized shall appropriate through its board of supervisors or otherwise raise and provide at least eighteen hundred dollars per annum for the support and maintenance of such work, nor shall any county be entitled to receive any money for home economics work unless said county shall appropriate through its board of supervisors or otherwise raise and provide not less than fifteen hundred dollars per annum for the support and maintenance of such work; provided further that two contiguous counties may co-operate and be regarded as one county for the purposes of this act, and the boards of supervisors in such counties may appropriate for the purpose of jointly conducting the work provided for in this act when the plans for such cooperation are approved by the state leader of county agents; and in addition there shall be annually appropriated such sums of money as may be necessary for the proper and necessary supervision thereof.

The general supervision of the co-operative agricultural and home economics extension and development work herein provided for shall be under the joint direction of the commissioner of agriculture and the dean of the New York State College of Agriculture through a representative to be known as state leader of county agents, mutually agreed upon, and they are hereby authorized to make rules and regulations for the organization and conduct of such county farm bureaus, and the moneys appropriated pursuant to this subdivision shall be paid by the state treasurer on the warrant of the comptroller on vouchers and certificates approved by the commissioner of agriculture. (Subd. added by L. 1917, ch. 298, and amended by L. 1918, ch. 301 and L. 1919, ch. 499.)

41. The board of supervisors of Ontario county shall have power to and may provide for the payment in advance of audit of properly itemized and verified bills for the expenses of any county officer necessarily incurred by him in the performance of his duties and for supplies ordered and purchased by him, not, however, exceeding the sum of fifty dollars unless the same is approved by the chairman of the committee having charge of the affairs of his office, and may by resolution authorize the clerk of the board to draw orders upon the county treasurer in payment of such bills approved by the chairman of its committee on finance or by such other member of the board as it may determine and certified by the county attorney to be lawful county charges. Said bills so paid to be audited by the board at its next regular session held subsequent to their payment. The said officer and any claimant receiving payment as aforesaid shall be jointly and severally liable for any item or items contained in a bill so paid in advance of audit which shall be disallowed or rejected by such board of supervisors upon final audit, to be recovered in an action brought by the board of super

VOL. X-19

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