interchange track, and to make within a specified time not less than thirty days an agreement between them as to the terms of such receipt and transportation of cars, and if so required as to the division of the expense of such construction and maintenance of switch connection or interchange track; and in case such agreement be not so made within the time so specified, the commission shall after a hearing declare by supplemental order the terms and conditions upon which such cars shall be received and transported, and if so required the portion of such expense to which each common carrier or corporation affected thereby shall be entitled and the manner in which any sums of money to which any such common carrier or corporation is entitled shall be paid and secured, and such supplemental order shall take effect as part of the original order from the time such supplemental order shall become effective. Nothing in this subdivision shall be construed to require a through route between railroad corporations and street railroad corporations between points reached by such railroad corporations. 3. This act shall take effect immediately. L. 1909, subd. 8. as added ch. 142, Chap. 638. AN ACT to amend the public buildings law, in relation to period of service of veterans previous to retirement. Became a law May 10, 1920, 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. Subdivision eight of section three of chapter fortyeight of the laws of nineteen hundred and nine, entitled "An act by 1918, relating to public buildings, constituting chapter forty-four of the consolidated laws," as added by chapter one hundred and forty-two of the laws of nineteen hundred and eighteen and last ch. 196, amended by chapter one hundred and ninety-six of the laws of nineteen hundred and nineteen, is hereby amended to read as follows: and amended by L. 1919, amended. Retire ment of veterans 8. Have power, in their discretion, to retire any employee in the department of public buildings who is an honorably disof depart charged soldier, sailor or marine of the army or navy of the in employ public United States in the late civil war or world war,' and who shall ment of have been employed for a continuous period of five years or more buildings. in such department or for a continuous period of three years or more in such department, after at least five years of previous service in another state office, department or institution, and who shall have reached the age of seventy years. Such retirement may be upon the application of such veteran, or the trustees may take such action on their own motion. Upon being retired pursuant to this chapter such person shall be paid in the same manner that the salary or wages of his former position were customarily paid to him an annual sum equal in amount to one-half the salary or wage paid to him in the last year of his employment, provided, however, that the amount so paid to such retired veteran shall not exceed the sum of one thousand dollars per annum. 2. This act shall take effect immediately. Chap. 639. AN ACT to amend the real property law, in relation to the sale, mortgaging, or leasing in certain cases, of real property held by a tenant for life or held in trust.2a Became a law May 10, 1920, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 67, as amended Section 1. Section sixty-seven of chapter fifty-two of the laws L. 1909, of nineteen hundred and nine, entitled "An act relating to real ch property, constituting chapter fifty of the consolidated laws," by 1918, as last amended by chapter five hundred seventy-eight of the laws of nineteen hundred and eighteen, is hereby amended to read as follows: 20 67. Sale, mortgage or lease in certain cases of real property held by tenant for life. In any case where real property has heretofore been or shall hereafter be devised by will or conveyed by deed to a person for life, either with remainder or re 1 Words "or world war new. 2 Word "chapter" substituted for word "act." 2a The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. Previously amended by L. 1913, ch. 55. med amended. mainders over, to persons the identity of whom can not be definitely ascertained until the death of the person entitled to the life estate, or with a direction that the property be sold on the termination of the life estate, and the proceeds paid or distributed to persons the identity of whom cannot be definitely ascertained until that event, or with a power given to the life tenant or to some other person to appoint or dispose of the remainder or the proceeds of the sale thereof, the supreme court may, by order, on such terms and conditions as seem just and proper, authorize the sale, mortgage or lease of such real property, or any part thereof, whenever it appears to the satisfaction of the court that said real property, or some portion thereof, has become so unproductive or such circumstances or conditions have arisen subsequent to the devise or deed that it is for the best interest of the life tenant and of the remaindermen and of all persons, if any, interested or to become interested in the proceeds of any sale of said real property, that a sale, mortgage or lease should be had, or that for other peculiar reasons, or on account of other peculiar circumstances, it is for the best interest of the life tenant and the remaindermen and of all persons, if any, interested or to become interested in the proceeds of any sale of such real property, that a sale, mortgage or lease should be had. Such sale, mortgage or lease may be authorized whether any of the persons who may eventually become entitled to the remainders in said real property or to the proceeds of the sale thereof are in being or not, and whether at the time of sale, mortgage or lease the reversion is in the life tenant or in some other person. The supreme court shall not grant such an order, unless it appears to the satisfaction of such court, that a written notice, stating the time and place of the application therefor, has been served upon the life tenant, and upon every other person in being having an estate or interest, vested or contingent, in reversion or remainder, in said real property or in the proceeds of sale thereof, or having a power to appoint or dispose of said remainder, reversion or proceeds, or being the appointee under such a power, which prior to the granting of such order shall have been exercised by a person other than the life tenant, at least eight days before the making thereof; provided that where a future estate or interest is limited in any contingency to persons who shall compose a certain class upon the happening of a future event, it shall be sufficient if such notice be served upon the persons who would have been entitled to such estate or interest if such event had happened immediately before the application is made. If such beneficiary or other person is an adult without the state, or is a minor, lunatic, person of unsound mind, habitual drunkard or absentee, notice shall be served on such beneficiary or other person in such manner as the court or a justice thereof may prescribe. Except as expressly provided in this section no person shall be entitled to notice under this section solely by reason of the fact that he has been or may be designated as appointee of said property or proceeds, or of any interest therein, under a power of appointment or disposition. Upon the return day of the notice the court shall, upon its own motion, appoint a special guardian for any minor and for any lunatic, person of unsound mind or habitual drunkard who shall not be represented by a committee duly appointed. If there is no person in being having a vested or contingent interest in remainder or reversion in said real property or in the proceeds of sale after the termination of the life estate, other than a reversioner who is the life tenant or whose reversion is a mere naked legal interest which can never take effect in possession otherwise than subject to a power of sale or a power of appointment the court shall on the return day of the motion appoint some disinterested person to represent and protect the interests of the persons to become entitled to the remainder or remainders or to become entitled to an interest in the proceeds of sale. amended § 2. Section sixty-eight of such chapter, as amended by chapter § 68, as fifty-five of the laws of nineteen hundred and thirteen, is hereby by L. 1913, amended to read as follows: § 68. Application, how made. The application must be made by petition duly verified, which shall set forth the provisions of the will or the deed creating the estate, the condition of the estate and the particular facts which make it necessary or proper that the application should be granted. After taking proof of the facts either before the court or by a referee and hearing the parties and fully examining into the matter, the court must make an order upon the application. In case the application is granted, the order must authorize the real property described in the petition to be sold, mortgaged or leased upon such terms and conditions as the court may prescribe, but in the case of a lease the term thereof shall not exceed twenty-one years. ch. 55, amended. $ 69, as amended 83. Section sixty-nine of such chapter, as amended by chapter by L. 1918, five hundred and seventy-eight of the laws of nineteen hundred and eighteen, is hereby amended to read as follows: ch. 578, amended. § 70, as amended § 69. Sale, mortgage or lease, how made. The sale, mortgage or lease shall be made by a referee appointed by the court for that purpose. Before a sale, mortgage or lease can be made pursuant to the order provided for in the preceding section, the referee must enter into an agreement therefor, subject to the approval of the court, and must report the agreement to the court under oath. Upon confirmation thereof he must execute as directed by the court a deed, mortgage, or lease of said real property. The life tenant, or if he be suffering from any disability, his committee or special guardian, acting on his behalf, must join in the execution of said instrument. In case a sale of such real property is authorized, the final order must direct that the proceeds of such sale be paid into the hands of some trust company authorized by law to act as trustee or to some person or persons who shall thereby become trustee or trustees for such life tenant and remaindermen, or for such other person or persons as may be or become entitled to the proceeds of such sale, and must require the trustee, unless it be a trust company as aforesaid, to give a bond in such an amount and with such sureties as the court directs, conditioned for the faithful discharge of his trust and for the due accounting of all moneys received by him pursuant to said order. In case a mortgage of such real property is authorized, the final order must direct that the net proceeds of said mortgage, after the payment of liens and encumbrances, be paid to such a trust company or other trustee bonded as aforesaid, to be applied by said trustee in accordance with the terms of the final order. § 4. Section seventy of such chapter, as last amended by by L. 1918, chapter five hundred and seventy-eight of the laws of nineteen hundred and eighteen,3 is hereby amended to read as follows: ch. 578, amended. § 70. Effect of instruments upon sale, mortgage or lease. A deed, mortgage or lease made pursuant to a final order granted as provided in the foregoing sections sixty-seven, sixty-eight, and sixty-nine shall bind the remainders and reversion as well as the life estate in said real property and shall be valid and effectual against all minors, lunatics, persons of unsound mind, habitual drunkards and persons not in being, interested in the 3 Previously amended by L. 1913, ch. 55. |