which bonds shall be signed by the mayor and clerk in case of a city, the president and clerk in case of a village, the town board in case of a town and the board of supervisors in the case of a county, and shall be in such form and for such sums and be payable at such times and places with interest not exceeding five per centum per annum, as the common council in case of a city, the board of trustees in case of a village, the town board in case of a town and the board of supervisors in the case of a county, shall direct. Amended by L. 1913, ch. 744; L. 1914, ch. 438, in effect Apr. 23, 1914.

§ 98. Intersections of railroads.

All steam railroads hereafter constructed across the tracks of any other railroad and any street surface railroad hereafter constructed across a steam railroad shall be above, below, or at grade of such existing railroad as the public service commission shall determine, and such commission shall in such determination fix the proportion of expense of such crossing to be paid by each railroad.

As added by L. 1897, ch. 754, sec. 1, and amended by L. 1900, ch. 739, sec. 1.

§ 99. Application of foregoing sections.

The provisions of sections eighty-nine to ninety-eight inclusive of this chapter shall also apply to all steam surface railroads existing on the first day of July, eighteen hundred and ninety-seven, or thereafter on which, after said date, electricity or some other agency than steam shall be substituted as a motive power. None of the provisions of said sections shall apply to crossings in the city of Buffalo under the jurisdiction of the grade crossing commissioners of that city. The terms "municipality" and municipal corporation as used in said sections shall include cities, villages, towns and counties.

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Amended by L. 1913, ch. 744 and L. 1915, ch. 613. In effect May 12, 1915.

POOR LAW.

(Chapter 42 of the Consolidated Laws.)

§ 58. Burial of poor persons; expense, how paid.

It shall be the duty of the superintendent of the poor of every county and the overseer of the poor of every town, and the person or official having in charge the care of the poor of every city or village, to cause the remains of each deceased poor person to be properly buried. The expense of such burial shall be a state, county, town, city or village charge, as the case may be, and the money therefor shall be raised as other charges of the state, county, town, city or village are raised.

Added by L. 1917, Ch. 512, in effect May 16, 1917.

REAL PROPERTY LAW.

(Chapter 50 of the Consolidated Laws.)

§ 42. Suspension of power of alienation.

The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed. Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate; except that a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twentyone years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.

§ 261. Maintenance of telegraph or other electric wires raises no presumption of grant.

Whenever any wire or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication otherwise than by the aid of electricity, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescription of any perpetual right to, such attachment or extension.

§ 450. Lands used for cemetery purposes not to be sold or mortgaged. No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall it be lawful to mortgage such land, or to apply it in payment of debts, so long as it shall continue to be used for such cemetery purposes. Whenever any such land shall cease to be used for cemetery purposes, any judgment, tax or assessment which, but for the provisions of this section would have been levied, collected or imposed, shall thereupon forthwith, together with interest thereon, become and be a lien and charge upon such land, and *collectable out of the same.

The provisions of this section shall not apply to any lands held by the city of Rochester.

STATE BOARDS AND COMMISSIONS LAW.

(Repealed by Conservation Law, L. 1911, ch. 647. See Conservation Law, ante.)

CONSTITUTIONAL PROVISIONS.

Incorporation of.-The legislature shall not pass a private or local bill in any of the following cases:

Incorporating villages. (N. Y. Constitution, art. 3, sec. 18.)

But it may amend a village charter existing before this provision was adopted. Reed v. Schmidt, 37 Hun, 223.

Counties, cities, towns and villages not to give or loan money or credit; limitation of indebtedness.-No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be authorized by law. Constitution, art. 8, sec. 10.)

(N. Y.

An issue of bonds to raise money to make immediate payment for local improvements, to be reimbursed by a subsequent assessment on the land-owners benefited, is not a loaning of city "credit or money " within the prohibition of this section. People ex rel. v. Bangs, 67 N. Y. 568.

The caring for the poor of a city through the instrumentality of a private corporation is not prohibited by this section, and is not a gift of city money. The Sheperd's Fold v. Mayor of New York, 96 N. Y. 137. And an act providing that a part of city excise money be paid to the use of an inebriate asylum for the care of inebriates of a certain locality is making a provision for the support of the poor. White v. The Inebriate Home for Kings Co., 141 id. 123.

The creation of a liability on towns for damages occasioned by defective highways and bridges is not a gift of money or property of the towns to or in aid of an individual within the meaning of this section. Bidwell v. Town of Murray, 40 Hun, 190.

An act authorizing a town holding railroad bonds to exchange them for common stock in the same railroad is unconstitutional. Town of Wheatland v. Taylor, 29 Hun, 70.

The creation of a debt for the purchase of lands outside the city limits for a park is for a "city purpose," and, therefore, valid. Matter of Mayor, etc., of New York, 99 N. Y. 569.

And the creation of a debt for the construction and operation of an electric light system by a city for its own and the use of its inhabitants is for a 'city purpose." Hequembourg v. City of Dunkirk, 49 Hun, 550.

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Municipalities have the right to compromise a claim which they dispute, but which in the end they deem wise and prudent to acknowledge in part. Hills v. Peekskill Savings Bank, 101 N. Y. 490.

Stocks and bonds created by the city of New York and held by the commissioners of the sinking fund are not debts to be met in the future by taxation, and are not such debts as the municipality can be called upon to pay. Banks for Savings in New York City v. Grace, 102 N. Y. 313.

The issue of bonds by city for a water supply is for a therefore not within the prohibition of this section. Syracuse, 123 N. Y. 316.

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city purpose," and Sweet v. City of

Maintenance and support of inmates of charitable institutions.-Nothing in this Constitution contained shall prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, maintenance and secular education, of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the Legislature by general laws. (N. Y. Constitution, art. 8, sec. 14.)

Board of education may provide for education of inmates of incorporated orphan asylums. Sargent v. Board of Education, etc., 35 Misc. 321; affirmed, Appellate Division, 4th Dept.

No aid to denominational schools. Neither the State nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught. (N. Y. Constitution, art. 9, sec. 4.)

Orphan asylums wherein no religious instruction is given during school hours not within prohibition. Sargent v. B. of Ed. of Rochester, 35 Misc. 1; affirmed, Appellate Division, 4th Dept.

Appointment or election of officers, not provided for by this Constitution.— All county officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. (N. Y. Constitution, art. 10, sec. 2.)

Albany police bill allowing minority of common council to appoint police commissioners is invalid. Rathbone v. Wirth, 150 N. Y. 459.

The Legislature may attach a penalty to the refusal to accept office. City of Brooklyn v. Scholes, 31 Hun, 110.

A county officer is one required to reside in and perform duties in the county; the health officer of the city and county of New York is not one. Matter of Whiting, 2 Barb. 513.

A commissioner of loans is a county officer. Barb. 30.

Matter of Carpenter, 7

The Legislature may appoint commissioners to widen a highway by proceedings unlike those of commissioners of highways. People ex rel. v. McDonald, 69 N. Y. 362.

They may authorize the appointment of a special surrogate by the Supreme Court. Matter of Hathaway, 71 N. Y. 238.

The appointment of Central park commissioners by the Legislature was valid. Astor v. Mayor, 62 N. Y. 367.

The reservation of the right to elect relates only to such offices as existed at the time the Constitution took effect. People v. Draper, 15 N. Y. 532; People ex rel. Kingsland v. Palmer, 52 id. 83.

This provision applies to town collectors; People ex rel. v. McKinney, 52 N. Y. 374; and tax receiver; People ex rel. v. Crooks, 53 id. 648; and tax commissioners in New York city. People v. Raymond, 37 id. 428.

Where a new town is created out of an old one a provision that the old officers should continue in office and act for both towns till the next election, is constitutional. People ex rel. v. Hayt, 7 Hun, 39.

Not applicable to transfer of power from one local board to another. Matter of Lester, 21 Hun, 130.

An act abolishing election of commissioners of charities and substituting appointment by the pro tem, president of the board of supervisors, is legal. Matter of Carboy, 27 Hun, 82.

Act appointing police justice in a village with criminal jurisdiction of justices of peace of towns, valid. Bocock v. Cochran, 32 Hun, 521.

Not applicable to park police. Matter of Mayor, 90 N. Y. 569.

The members of the board of examiners created by the act of 1874, chap. 547, are not as such, city officers of the city of New York; 106 N. Y. 566. Act extending term of office of present incumbent invalid. Matter of Burger, 21 Visc. 370.