Chap. 24.

AN ACT to amend section four hundred and forty-seven of the code of civil procedure, as to defendants, where the people of the state are made party defendant.

Became a law March 20, 1911, 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 four hundred and forty-seven of the code of men civil procedure is hereby amended to read as follows:

§ 447. Idem; as defendants. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff or who is a necessary party defendant for the complete determination or settlement of a question involved therein, except as otherwise expressly prescribed in this act. In any action brought affecting real estate upon which the people of the state of New York have or claim to have a lien under the transfer tax act, the said people of the state of New York may be made a party defendant in the same manner as a private person, but where the people of the state of New York are made a party defendant, as herein provided, the complaint shall set forth, in addition to the matters required to be set forth by the code of civil procedure, the name or names of the decedent or decedents against whose estate there is an unpaid transfer tax, the place of residence of decedent at the time of death, the heirs at law and next of kin of decedent and if decedent left none that fact shall be stated, whether decedent died testate or intestate, and whether the estate of decedent has been administered, and if so where; and if not administered, such facts shall be stated; and also that the people of the state of New York are made a party defendant for no other reason than the lien of said transfer tax. Upon failure to state such facts, the complaint shall be dismissed as to the people of the state of New York. In such a case the summons must be served on the attorney-general, who may appear in behalf of the people.

§ 2. This act shall take effect September first, nineteen hun- In effect dred and eleven.

: § 1627 amended.

Chap. 25.

AN ACT to amend section sixteen hundred and twenty-seven of the code of civil procedure, when people of state is made party, in action to foreclose mortgage.

Became a law March 20, 1911, 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 sixteen hundred and twenty-seven of the code of civil procedure is hereby amended to read as follows:

§ 1627. Person liable for mortgage debt may be made defendant.1 1. Any person who is liable to the plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the action; and if he has appeared or has been personally served with the summons, the final judgment may award payment by him of the residue of the debt remaining unsatisfied, after a sale of the mortgaged property, and the application of the proceeds, pursuant to the directions contained therein.

2. The people of the state of New York may be made a party defendant to an action for the foreclosure of a mortgage on real property, where the people of the state of New York have an interest in or a lien on the said real property subsequent to the lien of the mortgage sought to be foreclosed in said action, in the same manner as a private person. In such a case the summons must be served upon the attorney-general, who must appear in behalf of the people, but where the people of the state of New York are made a party defendant, as herein provided, the complaint shall set forth, in addition to the other matters required to be set forth by the code of civil procedure detailed facts showing the particular nature of the interest in or the lien on the said real property of the people of the state of New York, and the reason for making the people a party defendant. Upon failure to state such facts, the complaint shall be dismissed as to the people of the state of New York.

§ 2. This act shall take effect September first, nineteen hundred and eleven.

Chap. 26.

AN ACT to amend section fifteen hundred and ninety-four of the code of civil procedure, when the state is interested as party defendant.

Became a law March 20, 1911, 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 fifteen hundred and ninety-four of the code $ 1594 of civil procedure is hereby amended to read as follows:

§ 1594. When the state is interested. The people of the state may be made a party defendant to an action for the partition of real property, in the same manner as a private person. In such a case, the summons must be served upon the attorney-general, who must appear in behalf of the people, but where the people of the state of New York are made a party defendant, as herein provided, the complaint shall set forth, in addition to the other matters required to be set forth by the code of civil procedure de tailed facts showing the nature and extent of the interest in or lien on the said real property of the people of the state of New York and the reason for making the people a party. Upon failure to state such facts, the complaint shall be dismissed, as to the people of the state of New York.

§ 2. This act shall take effect September first, nineteen hun In effect dred and eleven.

L. 1910, ch. 385,

§2

amended.

Adoption

or modification of estimate by common council.

Chap. 27.

AN ACT to amend chapter three hundred and eighty-five of the laws of nineteen hundred and ten, entitled "An act to authorize the city of Cohoes to borrow money for the purpose of better equipping its fire department, and to issue and sell its bonds for the money so borrowed, and to provide for raising money by taxation in said city for the redemption of said bonds and the payment of interest thereon," in relation to the rate of interest on bonds to be issued thereunder, authorizing the common council to amend a resolution heretofore passed in respect to the rate of such interest, and ratifying and confirming the action of the city, its common council, officers and agents in respect to proceedings leading up to and including the passage of such resolution.

Became a law March 20, 1911, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

Section 1. Section two of chapter three hundred and eightyfive of the laws of nineteen hundred and ten, entitled "An act to authorize the city of Cohoes to borrow money for the purpose of better equipping its fire department, and to issue and sell its bonds for the money so borrowed, and to provide for raising money by taxation in said city for the redemption of said bonds and the payment of interest thereon," is hereby amended to read as follows:

§ 2. The common council of said city at its first regular ineeting held after the furnishing of the estimate and statement mentioned in section one of this act, or at a special meeting duly called for such purpose, shall consider such estimate and statement and may, by resolution, adopt the same as submitted to it by the board of fire commissioners, or may reduce the amounts stated therein and adopt the same as so modified. The common

Bond issue. council shall borrow upon the faith and credit of said city of Cohoes the amount of such estimate as adopted by the common council, and shall issue the bonds of said city therefor, bearing interest at rate not exceeding five1 per centum per

a

annum, payable semi-annually. Said bonds shall be of the denomination of one thousand dollars each, and shall be payable at such times not exceeding twenty years, as the said common council shall determine. Said bonds shall be executed by the mayor and city clerk under the corporate seal of said city, and shall be negotiated by the chamberlain of said city, by selling the same at his office, at public auction, at not less than par value thereof. Said chamberlain shall give public notice of the time and place of any sale of said bonds by publishing a notice thereof at least fifteen days previous to such sale in such newspaper as shall be designated by the common council of said city.

§ 2. The common council is hereby authorized to amend the Resolution resolution passed by it at a meeting thereof held on the fifth day bond issue of July, nineteen hundred and ten, to the extent of fixing the amended as rate of interest of the bonds authorized by said resolution to be interest. sold, pursuant to chapter three hundred and eighty-five of the laws of nineteen hundred and ten, at a rate of interest not exceeding five per centum, and after the amendment of said resolution by said common council pursuant to this act, all proceed- Proceedings ings had and taken by the city of Cohoes, its common council, officers and agents under the power and authority conferred by chapter three hundred and eighty-five of the laws of nineteen hundred and ten, leading up to and including the passage of said resolution by said common council on said fifth day of July, nineteen hundred and ten, when amended pursuant to this act are hereby legalized, ratified and confirmed, notwithstanding any defect or irregularity, or the omission of any lawful requirement in such proceedings; but nothing in this act shall affect any action Pending or proceeding pending in any court when this act takes effect. § 3. This act shall take effect immediately.