apportioned to school districts. 1909, to be of Hempstead of certain lands as authorized by proposition number one, adopted by the electors and voters of the town of Hempstead at a special town meeting held on the second day of November, nineteen hundred and nine, shall be annually apportioned on the first day of June, in each year, among the several school districts in said town, in the same manner and upon the same basis as the public school moneys of the state are apportioned. § 4. This act shall take effect immediately. L. 1907, ch. 751, 197 amended. Chap. 37. AN ACT to amend chapter seven hundred and fifty-one of the laws of nineteen hundred and seven, entitled "An act to revise the charter of the city of Binghamton," relative to frontage tax to which lands are subject for the construction of sewers. Became a law March 12, 1910, 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. Section one hundred and ninety-seven of chapter seven hundred and fifty-one of the laws of nineteen hundred and seven, entitled "An act to revise the charter of the city of Binghamton," is hereby amended so as to read as follows: 197. Frontage tax; amount; lien of. Upon the acceptance of any proposal for the construction of a sewer or sewers or when the common council shall determine to construct any sewer or sewers by days' work, where such sewer or sewers or any portion thereof, shall be constructed along any street, the lands fronting upon such strect and which are provided with sewage facilities by the construction of such sewer or sewers shall be subject to a frontage tax of eighty cents per lineal foot upon the line of such street upon which said sewer or sewers shall be constructed, except that corner lots shall be subject to a frontage tax of forty cents per lineal foot upon the line of said street upon which said sewer or sewers shall be constructed, and the further frontage tax of forty cents per lineal foot upon the intersecting streets, a dis 3 See education law (L. 1909, ch. 21), art. 17, renumbered art. 18 by L. 1910, ch. 140, post. tance of not exceeding the number of feet front of such lot upon the line of the street upon which said sewer shall be constructed, and where lands fronting upon any street are furnished with sewer facilities by the construction of a sewer through private lands, the said lands shall be subject to the same frontage tax upon the street upon which said lands front, as in the case of the construction of a sewer along such street for the accommodation of said lands, but only one frontage tax shall be levied upon any lands, except that corner lots which have not been assessed the full distance upon both streets shall, upon the construction of a sewer upon the intersecting street, be subject to a frontage tax of forty cents per lineal foot upon the portion of the frontage not previously assessed, and except that any lot extending through from street to street and exceeding one hundred feet in depth, shall be subject to a frontage tax of eighty cents per lineal foot upon each street. 'For the purposes of this section a corner lot shall be deemed to be a lot the dimensions of which do not exceed fifty feet by one hundred and fifty feet; and a corner lot shall, if its dimensions or either of them exceed fifty feet by one hundred and fifty feet, be subject to a tax of eighty cents for each lineal foot of such excess upon the line of the street or streets upon which said sewer or sewers shall be constructed. The frontage tax above provided for shall, from the acceptance of the proposal for the work, or from the time of the passage of the ordinance determining to build by days' work, be a lien upon such lands until paid. § 2. This act shall take effect immediately. 1 Following sentence rew. L. 1905, ch. 241, § 315, as L. 1909, ch. 62, $270. Chap. 38. AN ACT to incorporate section three hundred and fifteen of article fifteen of chapter two hundred and forty-one of the laws of nineteen hundred and five into the tax law as section two hundred and seventy thereof. Became a law March 16, 1910, 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 fifteen of article fifteen re-enacted of chapter two hundred and forty-one of the laws of nineteen hundred and five, which is now in full force and effect although inadvertently omitted from the consolidation of the tax law made by chapter sixty-two of the laws of nineteen hundred and nine, is hereby re-enacted and enacted as section two hundred and seventy of the tax law, which shall read as follows: $270. Amount of tax. There is hereby imposed and there shall immediately accrue and be collected a tax as herein provided, on all sales, or agreements to sell, or memoranda of sales or deliveries or transfers of shares or certificates of stock in any domestic or foreign association, company or corporation, made after the first day of June, nineteen hundred and five, whether made upon or shown by the books of the association, company or corporation, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale whether entitling the holder in any manner to the benefit of such stock, or to secure the future payment of money or the future transfer of any stock, on each1 hundred dollars of face value or fraction thereof, two cents. is not intended by this act to impose a tax upon an agreement evidencing the deposit of stock certificates as collateral security for money loaned thereon which stock certificates are not actually sold, nor upon such stock certificates so deposited. The payment of such tax shall be denoted by an adhesive stamp or stamps. It 18 270 of the consolidated tax law (L. 1909, ch. 62) is the same as § 315 of the general tax law (L. 1896, ch. 908), as added by L. 1905, ch. 241, § 1, and amended by L. 1906, ch. 414, § 1. The amendment of 1906, which provided that the tax be levied "on each share of one hundred dollars of face value," etc., was declared unconstitutional (People v. Mensching, 187 N. Y. 8); hence the re-enactment of the act of 1905 in unamended form. affixed as follows: In case of sale where the evidence of transfer is shown only by the books of the company the stamp shall be placed upon such books; and where the change of ownership is by transfer of a certificate the stamp shall be placed upon the cer tificate; and in cases of an agreement to sell or where the transfer is by delivery of the certificate assigned in blank there shall be made and delivered by the seller to the buyer a bill or memorandum of such sale to which the stamp provided for by this article shall be affixed; and every bill or memorandum of sale or agreement to sell before mentioned shall show the date thereof, the name of the seller, the amount of the sale, and the matter or thing to which it refers, and no further tax is hereby imposed upon the delivery of the certificate of stock, or upon the actual issue of a new certificate when the original certificate of stock is accompanied by the duly stamped memorandum of sale.2 2. This act shall take effect immediately. Chap. 39. AN ACT to repeal chapter one hundred and twenty-three of the laws of eighteen hundred and sixty-eight, entitled "An act to amend an act entitled 'An act to incorporate the St. Lawrence University and Theological Seminary,' passed April third, eighteen hundred and fifty-six, by changing the manner of electing the trustees thereof." Became a law March 16, 1910, 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: ch. 123 Section 1. Chapter one hundred and twenty-three of the laws L. 1858, of eighteen hundred and sixty-eight, entitled "An act to amend an repealed. act entitled 'An act to incorporate the St. Lawrence University and Theological Seminary,' passed April third, eighteen hundred and fifty-six, by changing the manner of electing the trustees thereof," is hereby repealed. § 2. This act shall take effect immediately. 2 The amendment of 1906 added a provision, which does not appear here, providing for a refund where stamps have been erroneously affixed and canceled. Refunds in such cases are provided for by L. 1910, ch. 186, post. L. 1856, ch. 91, § 4. amended. Chap. 40. AN ACT to amend chapter ninety-one of the laws of eighteen hundred and fifty-six, entitled "An act to incorporate the St. Lawrence University and Theological Seminary," by providing for a separate board of trustees for such theological seminary and defining its rights and powers. Became a law March 16, 1910, 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 four of chapter ninety-one of the laws of eighteen hundred and fifty-six, entitled "An act to incorporate the St. Lawrence University and Theological Seminary," is hereby amended so as to read as follows: § 4. Theological school.1 The corporation shall have power to establish a theological school, for the Christian denomination called Universalists, as a separate department of said university and, when so established, shall thereafter maintain the same; such theological school shall have powers to take and receive separate property, to hold the same for its maintenance and to conduct and administer the same for the purposes of theological education. The property, interests and affairs of such theological school shall be administered by a separate board of nine trustees, who shall be elected, in the first instance and from time to time as vacancies occur, by the executive board of the New York State Convention of Universalists. All separate property heretofore or hereafter received by said university for the uses, purposes and maintenance of theological education, shall forthwith be turned over by the trustees of said university to said separate board of nine trustees. Said separate board of nine trustees shall have power to sue and to be sued under the corporate name of the Trustees of the Theological School of the Saint Lawrence University, to appoint the faculty and the teachers of such theological school and to change the same, to adopt by-laws, to prescribe the courses of study, and to regulate the government and instruction 1 Section heading, new. 2 Words "college or," omitted. 3 Words "and, when so established, shall thereafter maintain the same; such theological school shall have power," new. 4 Remainder of section new. |