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unexecuted, shall vest in the supreme court, with all the powers and duties of the original trustee or trustees, and shall be executed by some person appointed for that purpose under the direction of the court, but who shall not be appointed until the beneficiary or beneficiaries shall have been brought into court by such notice and in such manner as the court or a justice thereof may direct; and the person so appointed shall give such security as the court may require, and shall be subject to the same requirements of law as to accounting and the administration of the trust as are testamentary trustees; and shall be entitled to such compensation for his services by way of commissions as may be fixed by any court which has power to pass upon his final account,1 which shall in no case exceed that now allowed by law to executors and administrators, besides his just and reasonable expenses in the matter in which he is appointed.

§ 2. This act shall take effect immediately.

Chap. 217.

AN ACT to amend the personal property law, in relation to the commissions of a trustee appointed by the supreme court on the death of the surviving or sole trustee of an express trust.

Became a law May 31, 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:

L. 1909, ch.

Section 1. Section twenty of chapter forty-five of the laws of nineteen hundred and nine, entitled "An act relating to personal 45, § 20 property, constituting chapter forty-one of the consolidated laws," amended. is hereby amended to read as follows:

§ 20. When trust vests in supreme court. On the death of a last surviving or sole surviving trustee of an express trust, the trust estate does not pass to his next of kin or personal representative, but, if the trust be unexecuted, in the absence of a contrary direction on the part of the person creating the same, it vests in the supreme court and shall be executed by some person

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1 Words " may be fixed by any court which has power to pass upon his final account" substituted for the words the court appointing him shall determine."

appointed by the court, whom the court may invest with all or any of the powers and duties of the original trustee or trustees. The beneficiary or beneficiaries of the trust shall have such notice as the court may direct of the application for the appointment of such person; and the person so appointed shall give such security as the court may require, and shall be subject to the same requirements of law as to accounting and as to the administration of the trust as apply to testamentary trustees; and shall be entitled to such compensation for his services by way of commissions as may be fixed by any court which has power to pass upon his final account, which shall in no case exceed that now allowed by law to executors and administrators, besides his just and reasonable expenses in the matter in which he is appointed.

§ 2. This act shall take effect immediately.

§977 amended.

Chap. 218.

AN ACT to amend the code of civil procedure, in relation to notice of trial, note of issue and calendar.

Became a law May 31, 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 nine hundred and seventy-seven of the code of civil procedure is hereby amended to read as follows:

§ 977. Notice of trial and note of issue; calendar to be prepared. At any time after the joinder of issue, and at least fourteen days before the commencement of the term, either party may serve a notice of trial. The party serving the notice must file with the clerk a note of issue, stating the title of the action, the names of the attorneys, the time when the last pleading was served, the nature of the issue, whether of fact or of law; and, if an issue of fact, whether it is triable by jury, or by the court, without a jury, and the particular nature of the same and the object of the action. The note of issue must be filed at least twelve days before the commencement of the term. The clerk must thereupon enter the cause upon the calendar according to the date of issue. The clerk must prepare the calendar and have the necessary copies ready for distribution at least five days before the commencement of the term. In the counties of New York, Kings, Queens, Nassau, Richmond, Albany, Erie, Monroe, Onondaga, Schenectady, and Westchester, where a party has served a notice of trial, and filed a note of issue, for a term at which the case is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue, for a succeeding term; and the action must remain on the calendar until it is disposed of.

1 Words "may be fixed by any court which has power to pass upon his final account" substituted for the words "the court appointing him shall de

termine."

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

Sept. 1, 1911.

Chap. 219.

AN ACT to authorize the city of Buffalo to issue its bonds for the purpose of raising money to purchase lots, and to erect, construct, complete, enlarge and equip buildings for the use of the police and fire departments of said city.

Became a law May 31, 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. It shall be lawful for the city of Buffalo to issue its bonds in the sum of one million dollars for the purpose of raising money to purchase lots, and to erect, construct, complete, enlarge and equip buildings for the use of the police and fire departments of the said city; such bonds to bear interest at a rate to be specified when the bonds are ordered issued from time to time by the common council and approved by the mayor, payable semi-annually at the office of the comptroller of the city of Buffalo or at the Gallatin National Bank of the city of New York, as the purchaser may elect, the principal to be payable at the same place, twenty years from the date of issue thereof. Such bonds shall be issued irom time to time by the mayor and comptroller, under the city seal, as may be ordered by the common council, and shall be sold or awarded as provided in section four hundred and ninety-two of

1 Provision as to Nassau county new.

Subd. 4 added to

45, § 12.

1

the charter. The common council shall make provision in the gen-
eral fund estimates of said city for the payment of the interest on
and the principal of said bonds as the same shall become due.
§ 2. This act shall take effect immediately.

Chap. 220.

AN ACT to amend the personal property law, in relation to the application of funds collected for charitable or benevolent purposes.

Became a law June 1, 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 twelve of chapter forty-five of the laws of L. 1909, ch nineteen hundred and nine, entitled "An act relating to personal property, constituting chapter forty-one of the consolidated laws," is hereby amended by adding thereto a new subdivision, which shall read as follows:

4. Whenever heretofore or hereafter any voluntary association or committee shall have received by public subscription from contributors exceeding one thousand in number a fund for a charitable or benevolent purpose, a portion of which shall remain unexpended after the expiration of five years from its receipt, and it shall appear that a literal compliance with the terms of the subscription is impracticable, the supreme court may, on the application of such association, or of the treasurer of the committee having the custody of such unexpended balance, and upon twenty days' personal notice to the attorney-general, and four weeks' notice by publication once a week for four successive weeks in two newspapers of general circulation published in the county in which the treasurer of such association or of such committee shall reside, or, if such treasurer shall reside out of the state in the county in which at least ten per centum of the contributors to such fund shall have resided at the time of its receipt, otherwise in such manner as the court shall prescribe, to the contributors as a class, to ten specified members of such class, and to the trustees of such association, or to the surviving members of such committee, make an order directing that such balance be transferred for administration to such domestic corporation as in the judgment of the court will most effectually accomplish the general purpose for which said fund shall have been collected, without regard to and free from any express or implied limitation, restriction or direction upon which the subscription shall have been made; and on the transfer of said fund to the corporation designated in such order, said voluntary association and its officers and trustees, or said committee and its treasurer and other officers, shall be fully exonerated and discharged from all liability to account therefor.

1 L. 1891, ch. 105.

§2. This act shall take effect immediately.

Chap. 221.

AN ACT to amend the charter of the city of Cortland in relation to the collection of ashes and garbage in said city.

Became a law June 1, 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:

to L. 1900,

Section 1. Title ten of chapter one hundred and sixty of the $ 176 added laws of nineteen hundred, entitled "An act to incorporate the ch. 160. city of Cortland," as amended by chapter four hundred of the laws of nineteen hundred and four, is hereby amended by adding at the end thereof a new section to be known as section one hundred and seventy-six and to read as follows:

health au

contract for

of ashes

§ 176. The board of health of the city of Cortland is hereby Board of authorized and empowered, with the approval of a majority of the thorized to common council, to enter into a contract for the collection of ashes collection and garbage, which shall be let to the lowest responsible bidder, but and garbsuch bids may all be rejected and new bids asked for, if not deemed age. in the interest of the city. Notice of time and place when such bids will be received shall be published in the official papers. The board of health shall have the further power to pass resolutions and ordinances governing such collection. The cost of such gar cost, how bage collection shall be borne by the city at large, and the com mon council of the city of Cortland shall make due provision by tax for the payment of same.

§ 2. This act shall take effect immediately.

borne,

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