$1780 amended. In effect Sept. 1, 1913. Chap. 60. AN ACT to amend the code of civil procedure, relating to when a foreign corporation may be sued. Became a law March 6, 1913, 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 seventeen hundred and eighty of the code of civil procedure is hereby amended so as to read as follows: § 1780. When foreign corporation may be sued. An action against a foreign corporation may be maintained by a resident of the state, or by a domestic corporation, for any cause of action. An action against a foreign corporation may be maintained by another foreign corporation, or by a non-resident, in one of the following cases only: 1. Where the action is brought to recover damages for the breach of a contract made within the state, or relating to property situated within the state, at the time of the making thereof. 2. Where it is brought to recover real property situated within the state, or a chattel, which is replevied within the state. 3. Where the cause of action arose within the state, except where the object of the action is to affect the title to real property situated without the state. 4.1 Where a foreign corporation is doing business within this state. 2. This act shall take effect September first, nineteen hundred and thirteen. 1 Subd. 4 new. Chap. 61. AN ACT to amend the village law, in relation to the compensation of collectors. Became a law March 6, 1913, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senateand Assembly, do enact as follows: Section 1. Section eighty-six of chapter sixty-four of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," as amended by chapter sixty-six of the laws of nineteen hundred and eleven, is hereby amended to read as follows: § 86. Compensation and duties of village officers not otherwise prescribed. Except as provided in this section the president and trustees, and the fire, water, light, sewer and cemetery commissioners, shall serve without compensation, but the members of the board of trustees shall be entitled to the compensation fixed by law for inspectors of election when acting as such, and to the same compensation as town assessors for each day actually and necessarily spent by them in making the village assessment. The board. of trustees of a village incorporated under and subject to this chapter or to a special law may, upon its own motion, and shall, upon the petition of twenty-five electors of such village qualified as provided by this chapter to vote upon a proposition, cause to be submitted at a village election a proposition to fix the compensation of the president or of the trustees or of the fire, water, light, sewer or cemetery commissioners of such village at an amount specified in such proposition. Only persons who possess the qualifications prescribed in this chapter for voters upon a proposition shall be entitled to vote upon such proposition. If such proposition be adopted the salary of the officer or officers shall be deemed fixed in accordance with the amount specified therein, but a proposition may be submitted in like manner at a subsequent election either changing the amount fixed by such resolution or providing that such officer or officers shall thereafter receive no compensation for services. A village may, on the adop 1 Following sentence new. 115 amended. tion of a proposition therefor, determine that the compensation of the collector of such village shall be fixed by the board of trustees; after which determination the collector in said village shall not collect or receive fees. The board of trustees may fix the compensation and further declare the powers and duties of all other village officers or boards. and may require any officer or board of the village to furnish reports, estimates or other information relating to any matter within his or its jurisdiction. § 2. Section one hundred and fifteen of such chapter is hereby amended to read as follows: § 115. Collection of taxes by collector. Upon receiving the assessment-roll and warrant the collector shall cause a notice to be published at least once in the official paper, if any, and also in each other newspaper published in the village, and posted conspicuously in five public places in the village, stating that on six days specified therein, not less than nine nor more than twenty days after the publication and posting thereof, he will attend at a convenient place in the village, specified in the notice, for the purpose of receiving taxes. At least seven days before the first date. fixed in such notice, the collector shall serve a copy thereof upon each corporation named in or subject to taxation upon the assessment-roll, and whose principal office is not in the village, by delivering such copy to a person designated by the corporation for that purpose by a written designation filed with the village clerk, or to any person in the village acting as the agent or representative in any capacity of such corporation. If there is no such designated person or agent in the village, service of such notice upon the corporation shall not be required. Any person or corporation paying taxes within twenty days from the date of the notice, shall be charged with one per centum thereon, and thereafter with five per centum, for the fees of the collector; provided that in a village in which the compensation of the collector has been fixed by the board of trustees as provided in this act, the taxes may be paid within the said twenty days without additional charge and all taxes in such village remaining unpaid after the expiration of said twenty days shall be increased five per centum. If a notice is not served upon a corporation as herein required, the collector shall only be entitled to one per centum as his fees upon the taxes assessed against it. After the expiration of such 2 Remainder of sentence new. twenty days the collector shall proceed to collect the taxes remaining unpaid, and for that purpose he possesses all the powers of a town collector. The laws relating to town collectors shall also, so far as consistent with this chapter, apply to the collection of village taxes. § 3. This act shall take effect immediately. Chap. 62. AN ACT to grant to the city of New York certain lands under water in Flushing bay and Flushing creek and vicinity and providing for the improvement thereof. Became a law March 6, 1913, with the approval of the Governor. Passed by a two-thirds vote. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: granted. Section 1. To the end that the city of New York may co-operate Lands with the federal government in the improvement of and straightening of Flushing creek intended for the advancement of the commercial interests of the city, state and nation there is hereby granted to the city of New York such right, title and interest as the state of New York may have in and to the lands under water in Flushing creek within the bounds of and between original high water marks upon either side thereof and in and to the lands under water of Flushing bay southerly of a line extending from Sanford Point at North Beach to College Point. straighten § 2. For the purpose of enabling the city of New York to carry Plans for into effect the straightening of Flushing creek, its commissioner of docks is hereby authorized by and with the approval of its boarding creek of estimate and apportionment to adopt and determine upon a plan or plans for such improvement, and such plan or plans when approved by the board of estimate and apportionment and filed in the office of the commissioner of docks shall be the sole plan or plans for the improvement of said Flushing creek. of lands § 3. The board of estimate and apportionment is authorized and Exchange empowered to exchange the lands under water herein conveyed to under the city of New York for lands and lands under water owned by similar water for lands privately owned. Sale of lands under required. private parties required and necessary to carry into effect the improvement of Flushing creek herein provided for. § 4. The board of estimate and apportionment is also authorized water not and empowered to sell and dispose of so much of the lands under water herein conveyed to the city of New York as may not be required for the improvement of Flushing creek herein provided for to the abutting owners upon such terms and conditions as it may deem just and proper or as may be agreed upon. Acquisition of uplands under water. Application of incon § 5. The board of estimate and apportionment is also authorized to acquire either by purchase or by the exercise of the right of eminent domain any and all upland or uplands under water owned by private parties for which no exchange as herein provided for can be made. § 6. The provisions of any acts, and parts of acts, including the sistent acts. Greater New York charter, which are inconsistent with this act, and in so far only as they are inconsistent with this act, shall have no application to the rights, powers, grants and obligations authorized, prescribed or created by this act or to the proceedings to be had or taken under the authority of this act. L. 1895, ch. 751, § 7 amended, § 7. This act shall take effect immediately. Chap. 63. AN ACT to amend chapter seven hundred and fifty-one of the laws of eighteen hundred and ninety-five, entitled "An act to revise and consolidate the several acts in relation to the city of Hudson; to revise the charter of said city; and to establish a city court therein and define its jurisdiction and powers," in relation to the terms of and the time and manner of the election of the elective officers in said city. Became a law March 7, 1913, 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 seven of chapter seven hundred and fifty-one of the laws of eighteen hundred and ninety-five, entitled "An act to revise and consolidate the several acts in relation to the city of Hudson; to revise the charter of said city; and to establish a city |