CHAPTER 736 AN ACT to amend the insurance law, in relation to guaranteeing the performance of contracts other than insurance policies Became a law May 27, 1936, 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: subd. 4, Section 1. Subdivision four of section seventy of chapter thirty- $70, three of the laws of nineteen hundred nine, entitled "An act in rela- amended. tion to insurance corporations, constituting chapter twenty-eight of the consolidated laws," as last amended by chapter three hundred eighty-nine of the laws of nineteen hundred thirty-five, is hereby amended to read as follows: 4. Guaranteeing the fidelity of persons holding places of public or private trust. Guaranteeing the performance of contracts except (a) insurance policies, (b) bonds, notes and other evidence of indebtedness secured by mortgage or mortgages, or deed of trust, or deeds of trust, upon real property but this limitation shall not prohibit guarantees which serve to refund, extend, refinance, liquidate or salvage existing guaranteed obligations, nor shall this limitation prohibit guarantees which are necessary to complete a Exception. salvage operation entered into for the benefit of the insurer; guaranteeing the performance of insurance contracts where surety bonds are accepted by states or municipalities; executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; and indemnifying banks bankers, brokers, financial or moneyed associations, or financial or moneyed corporations, against loss of any bills of exchange, notes, drafts, acceptances of drafts, bonds, securities, evidences of debts, deeds, mortgages, warehouse receipts, bills of lading, documents, currency, money, gold, platinum, silver and other precious metals, refined or unrefined and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semi-precious stones, and also against loss, resulting from damage, except by fire, to the insured's premises, furnishings, fixtures, equipment, safes and vaults therein caused by burglary, robbery, hold-up, theft or larceny, or attempt thereat. No such indemnity indemnifying against loss of any property as specified herein shall indemnify against the loss of any such property occurring while in the mail or in the custody or possession of a carrier for hire for the purpose of transportation, except for the purpose of transportation by an armored motor vehicle accompanied by one or more armed guards. A company authorized to do the business mentioned in this subdivision may guarantee any federal land bank against loss by reason of defective title or incumbrances on real property on which any such federal land bank may make a loan secured by a mortgage. § 2. This act shall take effect immediately. State authorized to convey lands to school CHAPTER 737 AN ACT to authorize the commissioners of the land office, with the approval of the education department, to grant and to convey to school district number sixteen of the town of Delhi, Delaware county, certain real property now owned by the state and occupied by the State School of Agriculture and Domestic Science at Delhi Became a law May 27, 1936, with the approval of the Governor. Passed, by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The commissioners of the land office, with the approval of the education department, and the director of the State School of Agriculture and Domestic Science at Delhi, are hereby authordistrict 16. ized to grant and convey to the board of education of school district number sixteen of the town of Delhi, Delaware county, or to the board of education of any school district hereafter formed which shall include present school district number sixteen of the town of Delhi, Delaware county: The following described tract or parcel of land, now occupied by the New York State School of Agriculture and Domestic Science at Delhi: Beginning at an iron pipe driven in the ground at south west corner of the property herein conveyed and at the north westerly corner of the property now owned by George Anderson; thence along the north westerly line of the said Anderson property and the property of Loren Mason N. 39° 58′ E. 200.87 feet to a (X) on a rock; thence N. 26° 15′ 30′′ W., 230.39 feet to an iron pipe; thence S. 66° 26′ W., 213.66 feet to an iron pipe; thence N. 35° 37′ W. 369.48 feet to an iron pipe; thence S. 27° 30′ 40′′ W. 26.3 feet to an iron pipe; thence S. 35° 30′ E., along the north easterly line of the property now owned by the People of the State of New York but formerly owned by Isabel Davis, approximately 678 feet to the point of beginning, containing 1.55 acres, be the same more or less, the above mentioned bearings referred to true north as corrected on a survey made by the department of the State Engineer and Surveyor, November 1916. The property herein conveyed is all of the southerly portion of the property conveyed to the People of the State of New York by the Trustees of Delaware Academy on the 10th. day of January 1916, lying adjacent to the building known as the Domestic Science Building and does not include the northerly portion of the tract conveyed to the People of the State of New York in the same deed and now used by the State School of Agriculture as farm land. This conveyance is subject to a vehicular right of way, at least 30 feet wide from Main Street in Delhi across the property of School district number sixteen, town of Delhi, County of Delaware or of any district hereafter formed which shall include above district. Said right of way to be along the route which now exists between the public highway and the property of the State School of Agriculture and Domestic Science at the "Point of Beginning" in the description of the property herein conveyed, together with the privilege of maintaining and repairing that portion of the said right of way not used and maintained by the school district. The school district shall not change the vehicular right of way described above without the consent of the State Education Department and the Director of the State School of Agriculture and Domestic Science at Delhi. If changes are made in vehicular right of way, such changes are subject to the following provision: It will be the responsibility of the school district to build a new road equal in quality of construction and with a grade not to exceed 10%. This conveyance is further subject to the additional right of way for pedestrians from Main Street in Delhi to property of the State School of Agriculture and Domestic Science at Delhi. The State School of Agriculture and Domestic Science at Delhi is to have the privilege, at their option, of constructing, maintaining and repairing a suitable footpath or sidewalk not to exceed six feet in width along the North side of the above mentioned right of. way for a distance of approximately 175 feet, then after crossing road to continue along South side of vehicular right of way to "point of beginning" in the description of the property herein conveyed. The State School of Agriculture and Domestic Science at Delhi shall have the privilege of the protection of the pedestrian right of way from danger of automobiles by the use of guard posts or other suitable means. § 2. This act shall take effect immediately. CHAPTER 738 AN ACT to amend the Greater New York charter, in relation to ordinary death benefit of members of the New York city employees' retirement system Became a law May 26, 1936, with the approval of the Governor. Passed, on emergency message, by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section seventeen hundred and seventeen of the § 1717 Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred one, as such section. was last amended by chapter seven hundred and twenty of the laws of nineteen hundred thirty, is hereby amended to read as follows: benents fund. § 1717. (1) Upon the death of a member or of a former Ordinary member, there shall be paid to his estate, or to such person as he death has nominated or shall nominate by written designation duly pension executed and filed with the board of estimate and apportionment during the lifetime of the member (a) his accumulated deductions; and, in addition thereto, if said member is in city-service or is on a civil service preferred eligible list by reason of city-service, unless a pension be payable by the city of New York under the provisions of section seventeen hundred and eighteen of this chapter, (b) an amount equal to the compensation earnable by him while a member, during the six months immediately preceding his death, and, if the total number of years in which allowable service was rendered exceeds ten, then an amount equal to the compensation earnable by him in city-service while a member during the twelve months immediately preceding his death. (2) Until the first payment has been made on account of a retirement benefit without optional selection of a member, said member may be construed by the board of estimate and apportionment to have been in city-service and the benefits provided in this section may be paid in lieu of the retirement allowance. § 2. This act shall take effect immediately. Black river board to convey lands to Webb. CHAPTER 739 AN ACT authorizing and directing the board of the Black river regulating district to grant and convey to the town of Webb for certain purposes certain lands held for the use of the district in the village of Old Forge, New York Became a law May 26, 1936, with the approval of the Governor. Passed by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The board of the Black river regulating district is authorized hereby authorized and directed for and in behalf of the people of the state of New York to give, grant and convey to the town of Webb in the county of Herkimer, for use by such town for park and recreation purposes and as a site for a town hall, all of the right, title and interest of such board and of the people of the state of New York, in and to: All or such part of that piece or parcel of land situate, lying and being in the village of Old Forge, town of Webb and state of New York, consisting of nine and seventy-eight hundredths acres of land, at and adjacent to Forge pond, formerly acquired from one Lamberton, for canal purposes, as said board of the Black river regulating district does not need for the uses and maintenance of its improvement and the people of the state of New York do not require for highway purposes. Provided that such land shall be first surveyed and a map thereof, bearing the approval of the department of public works of the state of New York, be made and duly filed in the office of the clerk of Herkimer county. The description in said conveyance shall be taken from said map and shall refer thereto. Provided further that the consent of said board of the Black river regulating district to such conveyance be evidenced by resolution and the acceptance thereof by the town of Webb also indicated by resolution of its town board. § 2. This act shall take effect immediately. CHAPTER 740 AN ACT to authorize the commissioner of correction to acquire upon behalf of the state a perpetual esasement and right of way and to construce and maintain a highway upon certain lands in the town of Ellenburg, Clinton county, and making certain incidental provisions relating thereto Became a law May 26, 1936, 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: sioner of authorized Ellenburg. Section 1. The commissioner of correction is hereby authorized Commisto acquire upon behalf of the state of New York a perpetual correction easement and right of way and to construct and maintain thereon to acquire a highway fourteen feet in width over, along and upon premises easement in owned by Levi Le Plant in lot number one hundred eighty in Old Military Tract five, in the town of Ellenburg, county of Clinton, to extend from the so-called "Plank Road," which runs from Ledger's Corners or Sousie's Corners to Ellenburg Depot, to the east boundary of lot number one hundred seventy-nine in said Old Military Tract. Such easement and right of way may be acquired only by voluntary agreement with the owner, which may reserve to such owner, his executors, administrators and assigns, as a consideration for the grant of such easement and right of way the right to use such highway in common with the state, its officers, agents and employees. Nothing herein contained shall be construed to authorize the commissioner of correction to pay any money or other thing of value as a consideration for the acquisition of such easement and right of way, except the common use of such highway as herein authorized. The attorney-general shall approve the instrument of conveyance and title to the real property with respect to which the easement and right of way is granted to the state, to be evidenced by his certificate of approval filed in the office of the state comptroller. § 2. This act shall take effect immediately. CHAPTER 741 AN ACT to amend the civil practice act, in relation to production of records of a department or bureau of a municipal corporation Became a law May 26, 1936, 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: amended. Section 1. Section four hundred twelve of the civil practice act, as 412 last amended by chapter three hundred thirty-nine of the laws of nineteen hundred twenty-nine, is hereby amended to read as follows: |