ration of the existence of a domestic corporation are authorized by law to be filed and recorded, such corporate existence shall be revived and extended in pursuance of the terms of such order, but such revival and extension shall not affect any litigation commenced after such expiration and pending at the time of such revival. § 2. This act shall take effect immediately. Permission granted Larkin Company to Occupy space be Auct. Conditions under which granted. Chap. 64. AN ACT relating to the private use and occupation of a part of Van Rensselaer street in the city of Buffalo underneath a viaduct structure which carries the roadway of said street over its former grade. Became a law April 5, 1911, 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. Permission is hereby granted to the Larkin Company to occupy exclusively the space beneath the viaduct structure in the city of Buffalo which carries the roadway of Van Rensselaer street over its former grade between the south line of Carroll street and the north line of Exchange street, until such time as such viaduct structure shall be removed and said Van Rensselaer street restored to its former grade. § 2. The permission granted by section one of this act shall be subject to the following conditions: That the city of Buffalo shall have the right to maintain and keep in proper condition, and to construct within, across or underneath the surface of the space within the line of Van Rensselaer street underneath said viaduct structure such sewers, mains, pipes or conduits as now exist therein or as shall hereafter be ordered or authorized by the common council of said city for public use; that said Larkin Company, its successors and assigns, will protect with fireproofing the supports to the viaduct maintained on said space, and preserve said viaduct structure from all injury whatever by reason of the use and occupation of the space hereby authorized; that prior to the occupation of such space by said Larkin Company as hereby authorized, said company shall file in the office of the city clerk of said city a map or plans and specifications which shall have been approved by the commissioner of public works and the common council of said city; that prior to the use or occupation of said space pursuant to this act, said company shall pay to the city of Buffalo, through its treasurer, the sum of two thousand five hundred dollars; that in the event of the removal of said viaduct structure and the restoration of Van Rensselaer street to its former grade or of making any changes raising the said grade between Carroll and Exchange streets, neither said city nor the state of New York shall be liable to said company for any claims or demands for damages by reason of any loss or injury which said company may suffer, nor to the repayment of any part of said two thousand five hundred dollars. The privilege hereby conferred upon said Larkin Company shall inure to the benefit of its successors and assigns, and the obligations and conditions hereby imposed upon said company shall also rest upon its successors and assigns. The construction and repair work done by said company underneath said viaduct structure shall be done subject to the inspection and supervision of the commissioner of public works of said city. Said work of construction shall be begun within one year from the time this act takes effect. 3. This act shall take effect immediately. Chap. 65. AN ACT to amend the Greater New York charter, in relation to notice to be given to the people of the state of New York and to the city of New York on the foreclosure of tax liens. Became a law April 6, 1911, with the approval of the Governor. Passed, 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 thousand and thirty-five of the Greater L. 1897, ch. New York charter, as re-enacted by chapter four hundred and as r sixty-six of the laws of nineteen hundred and one, and amended 378, 1035, enacted by 1901, ch. 466, and by chapter four hundred and ninety of the laws of nineteen hun1. 1908, ch. dred and eight, is hereby amended to read as follows: amended by 490, an.cnded. of tax lier. 1035. If the amount of any tax lien which shall have been Foreclosure transferred by a transfer of tax lien shall not be paid when under its terms and the provisions of this title such amount shall be due, the holder of such tax lien may maintain an action in the supreme court to foreclose such tax lien. In an action to foreclose a tax lien any person shall be a proper party of whom the plaintiff alleges that such person has or may have or that the plaintiff has reason to believe that such person has or may have an interest in or claim upon the real property affected by the tax lien. Except as otherwise provided in this title an action to foreclose a tax lien shall be regulated by the provisions of the code of civil procedure and by all other provisions of law, and rules of practice applicable to actions to foreclose mortgages on real property. The people of the state of New York may be made party to an action to foreclose a tax lien in the same manner as a natural person. Where the people of the state of New York or the city of New York is made a party defendant the complaint shall set forth, in addition to the other matters required to be set forth by law, detailed facts showing the particular nature of the interest in or the lien on the said real property of the people of the state of New York or the city of New York, and detailed facts showing the particular nature of the interest in or the lien on said real property which plaintiff has reason to believe that the people of the state of New York or the city of New York has or may have in the said real property, and the reason for making the people of the state of New York or the city of New York a party defendant. Upon failure to state such facts the complaint shall be dismissed as to the people of the state or the city of New York. In effect 1 2. This act shall take effect May first, nineteen hundred and eleven. 1 Remainder of section new. Chap. 66. AN ACT to amend the village law, in relation to the compensation of certain village officers. Became a law April 6, 1911, 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: 64, § 86 Section 1. Section eighty-six of chapter sixty-four of the laws L. 1909, ch. of nineteen hundred and nine, entitled "An act relating to vil- amended. lages constituting chapter sixty-four of the consolidated laws," 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. 2Only 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. The board of trustees may fix the compensation and further declare the powers and duties of all other village officers or boards 1 Sentence to here new. 2 Following sentence new. 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. This act shall take effect immediately. Chap. 67. AN ACT reappropriating an unexpended balance for the improvement of the canals. Became a law April 6, 1911, 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 seven million six hundred seventy-seven thousand six hundred forty-nine dollars and fifty-seven cents. ($7,677,649.57), being the unexpended balance of the appropriation made by chapter one hundred and ninety-five of the laws of nineteen hundred and nine, to be expended in carrying out the purposes of the act for the improvement of the Erie canal, the Oswego canal and the Champlain canal, as provided by chapter one hundred and forty-seven of the laws of nineteen hundred and three and the acts amendatory thereof and supplemental thereto, is hereby reappropriated from the same funds and for the same purpose as provided by said act and the amendments thereto. § 2. This act shall take effect immediately. § 341 amended. Chap. 68. AN ACT to amend the code of civil procedure, in relation to the jurisdiction of county courts. Became a law April 8, 1911, 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 three hundred and forty-one of the code of civil procedure is hereby amended to read as follows: |