Chap. 6. AN ACT to amend section seven hundred and ninety-one of the code of civil procedure relative to actions by receivers. Became a law, February 19, 1906, 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. Paragraph five of section seven hundred and ninetyone of the code of civil procedure is hereby amended to read as follows: 5. In any court, an action or special proceeding in which an executor or an administrator, or testamentary trustee, or an infant, or a trustee of a fund for the support and maintenance of an infant, or a receiver appointed by the court, or by the comptroller of the currency of the United States, or a trustee in bankruptcy, or a general assignee for the benefit of creditors, or the committee of a lunatic or an idiot, or a creditor of a deceased insolvent debtor suing for the benefit of himself and other creditors interested in the estate or property of such deceased debtor where a right of action is given by express provision of law, is the sole plaintiff or sole defendant; an action or special proceeding for the construction of, or an adjudication upon or to determine the validity of the probate of a will, in which the administrator, with the will annexed, or the executor of the will is joined, as plaintiff or defendant, with one or more other parties, and an appeal from the judgments or decision in any of the foregoing actions or proceedings and in the court of appeals or the supreme court, an appeal from the decree or decision of a surrogate's court, determining a will to be valid and admitting it to probate, or determining an instrument offered for probate as a will to be invalid or not entitled to probate as such, or granting general letters of administration or directing the distribution of a fund or payment of money by an executor or an administrator in pursuance of an order or decree made on an intermediate, final or judicial accounting or otherwise by an administrator or an executor. § 2. This act shall take effect September first, nineteen hundred and six. Chap. 7. AN ACT to confirm and legalize certain assessments in the city of Buffalo, and to ratify the acts and proceedings of the assessors of said city in relation hereto. Became a law, February 19, 1906, 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. The acts and proceedings of the assessors of the city of Buffalo in making, completing and revising the annual assessment rolls for the fiscal year beginning July first, nineteen hundred and six, and all the acts and proceedings of said assessors done or taken in relation to such assessment rolls during the years nineteen hundred and five and nineteen hundred and six, and said assessment rolls, and all taxes imposed, levied or apportioned thereunder, are hereby declared valid and legal, and are in all respects ratified and confirmed; any provision of chapter six hundred and forty-four of the laws of nineteen hundred and five, and chapter ninety of the laws of nineteen hundred and five to the contrary notwithstanding. 82. This act shall take effect immediately. Chap. 8. AN ACT to amend chapter one hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise the charter of the city of Buffalo," and the acts amendatory thereof and supplementary thereto, relative to taxes. Became a law, February 19, 1906, 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 one hundred and two of chapter one hundred and five of the laws of eighteen hundred and ninety-one is hereby amended to read as follows: 102. On or before the fifteenth day of March in each year, the treasurer shall return each local assessment roll not payable in installments which shall have been received by him more than two months prior to such fifteenth day of March, with the additions, to the comptroller, and certify that all uncanceled assessments therein are unpaid. § 2. Section one hundred and four of chapter one hundred and five of the laws of eighteen hundred and ninety-one, as amended by chapter three hundred and fourteen of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows: § 104. The treasurer shall proceed with the collection of said roll in the manner provided for other assessments, and for such purpose, retain the roll in his possession at all times. On or before the fifteenth day of March of each year, he shall make a transcript from the rolls received by him more than two months previous thereto, of each unpaid installment which shall have become due and payable with the addition thereto, which transcript shall be delivered to the comptroller to be spread on the general roll for that year, in the manner specified in section seventy-five of this act, and the treasurer shall note on the original roll the installments so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year, when he shall make a transcript of the second installment of the assessmenton said roll which shall have become due and payable. He shall cause a transcript of said installments so due and payable with the additions thereon, to be delivered to the comptroller to be spread on the general tax roll for that year, and shall note on the original roll the installment so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year, when he shall make a transcript of the third installment of the assessments on said roll which shall have become due and payable. He shall cause a transcript of said installment so due and payable with the additions thereon, to be delivered to the comptroller to be spread on the general tax roll for that year and shall note on the original roll the installment so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year when he shall in like manner make a transcript of the fourth installment on such roll, which shall have become due and payable. He shall cause a transcript of said installment so due and payable, with the additions thereon, to be delivered to the comptroller to be spread on the general tax roll for that year, in the same manner as hereinbefore provided, and note on the original roll the assesement so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year, when he shall in like manner make a transcript of the fifth installment on such roll, which shall have become due and payable. He shall cause a transcript of said installment so due and payable, with the additions thereon, to be delivered to the comptroller to be spread on the general tax roll for that year as hereinbefore provided, and note on the original roll the assessment so transferred. Annual interest shall be paid to the treasurer on all unpaid installments at the time any one of them shall become due, and said treasurer shall not receive payment of any installment after the first unless interest then due on all installments shall be paid at the same time; if the annual interest is not paid, the treasurer shall return such interest together with the installment then due, to the comptroller, to be spread on the general tax roll of the year. The treasurer may receive the whole of any assessments, with accrued interest and additions, at any time before the same is returned to the comptroller. 3. This act shall take effect immediately. Chap. 9. AN ACT making an appropriation for highway improvement purposes. Became a law, February 20, 1906, 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. The sum of fifty thousand dollars is hereby appropriated from any moneys in the treasury not otherwise appropriated, for highway improvement purposes under the provisions. of chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight and the amendments thereto. The money hereby appropriated shall be expended by and under the direction of the state engineer and surveyor. 2. This act shall take effect immediately. Chap. 10. AN ACT to make the office of supervisor in the county of Onondaga a salaried office, and to regulate the sessions of the board of supervisors in said county. Became a law, February 20, 1906, 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. The board of supervisors of the county of Onondaga shall meet on the first Monday of March, in the year nineteen hundred and six, at two o'clock in the afternoon, and on the first Monday in January, in the year nineteen hundred and eight, and in each second year thereafter at the same hour for the purpose of organization, and for the transaction of such other business as may come before it. And beginning with said first Monday in March, nineteen hundred and six, said board shall hold regular monthly meetings on the first Monday of each and every calendar month, and may also hold such other meetings at such other times as it may fix by resolution, duly adopted by vote of a majority thereof. Whenever the day hereby fixed for a meeting of said board shall fall on a legal holiday, the said board shall meet on the next succeeding day, not a holiday. All regular monthly meetings herein provided for shall begin on the first Monday of the month at two o'clock in the afternoon. § 2. At the organization of said board on the first Monday in March, in the year nineteen hundred and six, a permanent chairman shall be elected who shall serve until January first, nineteen hundred and eight; and on the first Monday of January in nineteen hundred and eight and biennially thereafter on the first Monday of January of every second year, a permanent chairman shall be elected who shall serve for two years. In case of the death, removal, resignation or retirement from the board of the chairman, a successor shall be elected for the unexpired term. In case of failure to elect a permanent chairman on any day herein provided, the board shall adjourn from day to day, Sundays excepted, until the said chairman shall be elected. At the organization of said board on the first Monday in March nineteen hundred and six, and on the first Monday of January, nineteen hundred and eight, and on the first Monday of January, of every second year thereafter, said board shall elect a clerk, deputy |