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LAWS

OF THE

STATE OF NEW YORK

PASSED AT THE

ONE HUNDRED AND FIFTY-SEVENTH SESSION

OF THE

LEGISLATURE

BEGUN JANUARY THIRD AND ENDED APRIL
TWENTY-SEVENTH

1934

AT THE CITY OF ALBANY

ALSO LAWS OF THE EXTRAORDINARY SESSION, 1934

AND OTHER MATTERS REQUIRED BY LAW
TO BE PUBLISHED WITH THE SESSION LAWS

VOL. II

EXCELSIOR

ALBANY

J. B. LYON COMPANY, STATE PRINTERS

9636 7

DEC 2 1 1934

LAWS OF THE STATE OF NEW YORK

PASSED AT THE 157TH REGULAR SESSION OF THE LEGISLATURE, BEGUN
JANUARY 3, 1934, AND ENDED APRIL 27, 1934,

AT THE CITY OF ALBANY

VOLUME II

CHAPTER 514

AN ACT to amend the town law, in relation to adjustment of claims of towns for inunicipal deposits in national banks in liquidation and to execution of necessary waivers and releases on reorganization pursuant to the bank conservation act

Became a law May 11, 1934, 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:

added

Section 1. Chapter six hundred thirty-four of the laws of nine-648 teen hundred thirty-two, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," is hereby amended by adding a new section, to be section sixty-four-a, to read as follows:

§ 64-a. Powers of town with respect to municipal deposits in rational banks in liquidation. Whenever the depositors and other unsecured creditors of a national bank, representing at least sixty per centum in amount of its total net unsecured liabilities as shown by the books of the bank, acting pursuant to section two hundred seven of the bank conservation act, have waived and released to the bank a certain percentage of their deposits and/or other claims, the town board of a town having municipal funds deposited in such bank, upon determining by majority vote that it is for the best interest of the town, may authorize the supervisor of such town to execute a waiver and/or release, similar in form to those executed by such other depositors, by which it shall waive and/or release unto such bank a like percentage in amount of its net unsecured claim against the bank as shall have been theretofore waived and/or released by the other depositors and/or creditors representing at least sixty per centum in amount of its total net unsecured liabilities, as aforesaid. The certificate of the conservator or other public official in charge of such bank to the effect that waivers and/or releases have been so executed to the amount of sixty per centum of the total net unsecured liabilities of such bank, shall constitute the necessary condition precedent to such action by the town board of the town. Neither the supervisor nor any member of a town board shall be liable to the town for any authorization given or release or waiver executed pursuant to the provisions of this section.

§ 2. This act shall take effect immediately.

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Amount appropriated.

purpose

audit.

CHAPTER 515

AN ACT making an appropriation for the maintenance, repair, resurfacing and reconstruction of state highways and bridges thereon

Became a law May 14, 1934, with the approval of the Governor. Passed, on message of necessity, 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 three million dollars ($3,000,000.00) or so much thereof as may be necessary is hereby appropriated from any moneys in the state treasury not otherwise appropriated for the maintenance, repair, re-surfacing and reconstruction of state highways and bridges thereon within the state, payable from the treasury on the audit and warrant of the comptroller on vouchers therefor approved by the superintendent of public works.

§ 2. This act shall take effect immediately.

§ 320b, subd. 5, amended.

CHAPTER 516

AN ACT amending sub-division five of section three hundred and twenty-b of the highway law as last amended by chapter one hundred and nineteen of the laws of nineteen hundred thirty-four, and making an appropriation Became a law May 14, 1934, with the approval of the Governor. Passed, on message of necessity, three-fifths being present

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

Section 1. Subdivision five of section three hundred and twenty-b of chapter thirty of the laws of nineteen hundred nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," said section having been added by chapter three hundred sixty-two of the laws of nineteen hundred twentynine, and such subdivision last amended by chapter four hundred twenty-nine of the laws of nineteen hundred thirty-three, is hereby amended to read as follows:

5. The state moneys, together with the amount provided by the county under subdivision two of this section, including moneys, if any, collected from the towns pursuant to any apportionment made as provided in sections three hundred and twenty and three hundred and twenty-a or other law, shall become a common fund for the purposes of this section and such money shall be expended as provided herein for the construction, reconstruction and maintenance of a county road system, snow removal from county roads, purchase, rental, erection and removal of snow fence for the prevention of snow blockades on county roads, and for sanding or otherwise treating pavements on county roads for the purpose of removing danger due to ice and snow thereon, except that the moneys provided by the county, if chargeable to a town or towns,

shall be applied to the construction, reconstruction and maintenance of the particular highway or highways specified in the appropriation made therefor by the board of supervisors. Provided, however, and notwithstanding anything in this section or other provision of law to the contrary, not to exceed fifty percentum of the moneys received by the county treasurer pursuant to article twelve-a of the tax law or to article five of the vehicle and traffic law in the preceding year shall be available for appropriation by the board of supervisors of the county, namely: In the years nineteen hundred thirty-three, nineteen hundred thirty-four, nineteen hundred thirty-five and until May first, nineteen hundred thirtysix, respectively, for the payment at maturity of installments of principal and of interest on any bonds of such county that heretofore may have been issued to provide moneys to pay a portion or all of the cost of construction, reconstruction or improvement of state highways, county highways, county roads and of town highways, constructed or improved pursuant to the provision of sections three hundred and twenty, three hundred and twenty-a and three hundred and twenty-b of the highway law, and for removal of snow and the sanding of state and county highways in the county in accordance with the provisions of section fifty-three-c of the highway law; provided however, that no money appropriated by State only the state in the year nineteen hundred thirty-four may be used repairs and for any other purpose than for maintenance, repair and reconstruc- structs. tion of county roads and bridges thereon. The moneys which compose such common fund shall be deposited in a bank or banks to be designated by the county treasurer, who shall notify the state comptroller of such designation and such bank account shall be known as the county road fund and may only be drawn upon for the purposes of this section.

maintains,

recon

tion.

§ 2. The sum of two million dollars ($2,000,000), or so much Appropriathereof as may be necessary is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be paid to the counties in accordance with section three hundred twenty-b of the highway law as herein amended.

§ 3. This act shall take effect immediately.

CHAPTER 517

AN ACT to authorize state contributions in the year nineteen hundred thirty-four to county road funds established under section three hundred twenty-b of the highway law

Became a law May 14, 1934, with the approval of the Governor. Passed, on message of necessity, three-fifths being present

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

Authority

priate

Section 1. Notwithstanding the provisions of chapter two hun- to approdred twenty-nine of the laws of nineteen hundred thirty-three, money to amending section three hundred twenty-b of the highway law, and fund.

county road

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