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of cities and villages at the same time and in the same manner that town or county charges are now or may hereafter be levied and collected.

§ 28. When to take effect. This act shall take effect immediately.

CHAPTER 452
AN ACT to amend chapter eight hundred and sixty-three of the laws of nine-

teen hundred and twenty-three, entitled “An act providing a form of govern-
ment for Nassau county, in conformity with section twenty-six of article

three of the constitution,” generally.1 Became a law April 8, 1925, 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:

L. 1923, ch. 863, $ 54 amended.

$ 55
a mended.

Section 1. Section fifty-four of chapter eight hundred and sixtythree of the laws of nineteen hundred and twenty-three, entitled

'An act providing a form of government for Nassau county in conformity with section twenty-six of article three of the constitution" is hereby amended to read as follows:

$ 54. Removal. The county president may be removed from office by the governor. The county president shall be given a copy of the charges against him and shall have an opportunity to be heard in his defense. ?If the county president shall be removed, resign, die or become disqualified ninety days or more before the general election in November following, the office shall be filled at such election and the person elected shall take office on the Tuesday following and hold office for the unexpired term of the last preceding elected incumbent.

§ 2. Section fifty-five of said chapter is hereby amended to read as follows:

§ 55. Vice-president of the county. In case of vacancy in the office of the county president or the inability of the county president to perform the duties of his office by reason of sickness, absence from the county or other cause, the vice-president shall be acting president until the county president resumes his office or until his successor is elected as president, as provided in the last preceding section, and while acting as such he shall have and possess all the powers of the county president.

§ 3. Section one hundred and forty of said chapter is hereby amended to read as follows:

§ 140. General powers and duties. The powers and duties of the commissioner which shall be exercised and performed as herein provided and in accordance with the general ordinances of the county, shall be as follows: He shall

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$ 140 amended.

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1 For further amendments see L. 1925, ch. 546, post.
2 Remainder of section new.
3 Word “duties " substituted for word “duty."

4 Words“ until the county president resumes his office or until his successor is elected as president, as provided in the last preceding section,” new.

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a. "Have jurisdiction over the paving, re-paving, repairing, eleaning, oiling or sprinkling of streets, bridges, public squares or other public places under the control of the county.

b. Establish grades for streets, alleys and other public places in the county, over which the county has jurisdiction, and in towns and village districts, and when once established by him such grades shall not be changed unless by a two-thirds vote of the board of supervisors.

c. Have charge of the construction, maintenance and repair of public surface water sewers, drains and culverts over which the : county has jurisdiction.

d. Provide, through the purchasing department of the county, all materials and supplies for the use of the department.

e. Supervise the making of excavations in or under streets, alleys or other public places, over which the county has jurisdic11 tion, for ditches, trenches, tunnels, vaults and the like, the laying

therein of pipes, wires, cables, conduits and the like, the erection of all poles in such streets, alleys or other public places, and the use thereof generally for purposes similar to those herein named, and he shall supervise the back filling of such excavations and the

restoration to normal condition of such streets, alleys or other 9 public places.

f. Issue permits for the entry upon or into any county highway, road, street, alley or other public place over which the county has jurisdiction by any person, firm, corporation or county department for the purpose of doing any of the things referred to in paragraph

“eor for the purpose of the construction, repair or moving of - buildings, or for any other purpose whereby the use thereof by the

public shall be obstructed, and no person, firm, corporation or

department shall enter upon or occupy any such street, alley or H other public place for any of such purposes, except at such times

and in such manner as he shall prescribe; provided, that no permit of any kind involving possible injury to trees in streets, alleys and public places of the county shall be issued without the approval of the board of supervisors.

g. Decide as between two or more persons, firms, corporations or departments, or any of them, the order in which work proposed to be done by them at or about the same time in such streets, alleys or other public places shall be performed.

h. Prescribe uniform standard rules governing the doing of any kind of work on county highways, roads, streets, alleys, parks or other public places over which the county has jurisdiction by any person, firm, corporation or department, the entry thereon for the purpose and the proper completion of such work; such rules and all amendments thereto to be subject to the approval of the board of supervisors; provided, that such rules shall not be subject to amendment after the first day of March nor prior to the first day of the following November in any year.

i. Make proper charges to be prescribed by the rules of the board

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5 Word “ Shall” omitted.
6 Words over which the county has jurisdiction, and in,” new.

66

of supervisors for engineering services, the supervision herein referred to and the inspections necessary in connection therewith; provided, that all charges to towns and village districts and to other departments for all materials and work done shall be on the basis of the actual cost thereof.

j. Keep official records of plans, maps and plats of the county for the department; and make and publish an official road map of the county.

k. Recommend to the board of supervisors the institution of condemnation proceedings whenever, in his judgment, private property should be taken in the name of the county for the purposes of the department.

1. Establish reasonable rules and regulations to protect the rights and property vested in the county and under the control of the department.

m. Have all the powers and perform all the duties now or hereafter possessed by or conferred or imposed by law upon county superintendents of highways and county engineers.

n. Establish and operate one or more public markets if authorized by the board of supervisors.

0. Have such other powers as are herein prescribed or as may be necessary for the proper discharge of his duties.

§ 4. Section five hundred and eighty-three of said chapter is hereby amended to read as follows:

§ 583. Form of summons. The summons must be in substan. tially the following form, the blanks being properly filled :

$ 688 amended.

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Defendant To the above-named defendant:

You are summoned to appear in this action in the district court of the county of Nassau, before the clerk of the said court at his office at in the town of

in the county of Nassau, within seven days after the service of this summons upon you, exclusive of the day of service, and to make answer to the complaint; and if you fail to make answer, judgment will be taken against you for the sum of $..

with interest thereon from the day of

19...., together with the costs of this action. Dated, County of Nassau, the

day of 19.....

Clerk.

Address.
Attorney for the plaintiff,

(Office and post office address.)
Plaintiff's address..

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or

7 Formerly

“ ten days."

amended.

§ 5. Section eight hundred and sixty-five of said chapter is $ 865 hereby amended to read as follows:

§ 865. Application of existing laws. All general and special laws applicable to Nassau county not in conflict herewith shall remain in force; the powers herein enumerated shall be in addition to powers enumerated in such laws and not in substitution therefor; all special laws applicable only to Nassau county in conflict with the provisions of this charter are hereby repealed. The provision of all general laws in conflict with the provision of this charter shall not be applicable or operative in Nassau county after January first, nineteen hundred and twenty-eight, but this charter shall not become operative unless adopted and approved by the electors of Nassau county as herein provided. If so adopted and approved it shall take effect January first, nineteen hundred and twenty-eight, except that the elective officers provided for herein shall be nominated as provided by law and elected at the general election in November, nineteen hundred and twenty-seven.

§ 6. Section seven hundred and two of said chapter is hereby 702 amended to read as follows:

$ 702. Subpoena. A subpoena requiring a witness to appear and testify on the trial of an action or a special proceeding, shall be issued on the demand of either party, by the clerk of the court in the district where the action is pending; but when a party is represented by an attorney, the latter may issue the subpoena and shall subscribe thereto his name and his office and postoffice address. The subpoena may be served anywhere in Nassau county, or in an adjoining county,' and may require the witness to bring with him any book or paper relating to the merits of the action.

§ 7. This act shall take effect immediately.

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amended.

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CHAPTER 453
AN ACT authorizing the villages of Nyack, South Nyack and Upper Nyack

to audit and pay the claim of Henry Merle, junior, for injuries sustained
while acting as a volunteer fireman in responding to an alarm in the village

of Nyack.
Becanie a law April 8, 1925, 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. Authority is hereby conferred upon the villages of
Nyack, South Nyack and Upper Nyack to audit and pay the
claim, pursuant to section two hundred and five of the general
municipal law, of Henry Merle, junior, for permanent injuries
sustained by him while in service as a member of the Orange-
town engine company number one as a volunteer fireman, and
while responding to an alarm in the village of Nyack on the

8 Words “ this charter new.
9 Words “or in an adjoining county

new.

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thirtieth day of October, nineteen hundred and twenty-one. Such claim may be paid by such villages severally or jointly, and any of such villages may pay the whole of such claim or may make contribution to the payment thereof. Such claim may be audited and paid by such villages notwithstanding the failure of the claimant to present such claim or to give notice thereof, or to do any other act in the banner or within the time prescribed therefor by the general municipal law.

§ 2. This act shall take effect immediately.

L. 1909,
ch. 47,
$ 46
amended.

CHAPTER 454
AN ACT to amend the prison law, in relation to the powers and duties of the

state commission of prisons.
Became a law April 8, 1925, 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 forty-six of chapter forty-seven of the laws of nineteen hundred and nine, entitled “An act relating to prisons, constituting chapter forty-three of the consolidated laws,” subdivision eight of which was added by chapter three hundred and seventy-nine of the laws of nineteen hundred and fourteen, and amended by chapter two hundred and ninety-eight of the laws of nineteen hundred and twenty-four, and subdivisions two, three and seven of which were repealed by chapter six hundred and one of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 46. General powers and duties of commission. The state commission of prisons shall visit and inspect all institutions used for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors, and shall :

1. Aid in securing the just, humane and economic administration of all institutions subject to its supervision.

2.? Advise the officers of such institutions or in control thereof in the performance of their official duties.

3. Aid in securing the erection of suitable buildings for the accommodation of the inmates of such institutions, except state prisons, and approve or reject plans and specifications for their construction or improvement; and may request the advice and assistance of the state architect in the performance of such duties.

4. Investigate the management of all institutions made subject to the visitation of the commission, and the conduct and efficiency of the officers or persons charged with their management.

5. Secure the best sanitary conditions of the buildings and

1 Words " excepting such reformatories as are subject to the visitation and inspection of the state board of charities; ” omitted.

2 Subds. 2, 3, 7 new, but are generally re-enactments of these subdivisions as repealed by L. 1924, ch. 601.

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