therefor, and all other provisions thereof relating to misdemeanors so far as not in conflict with the provisions of this charter, apply to prosecutions and arrests for violations of ordinances of the common council and to all proceedings thereon.

8. Subdivisions five and nine of section four hundred and ninety-seven of said act are hereby amended to read respectively as follows:

5. An action to recover damages for a personal injury or an injury to real or personal property or for the conversion of personal property, where the sum claimed does not exceed two thousand dollars, exclusive of costs.

9. An action to recover damages for fraud in the sale, purchase or exchange of real or personal property, or for false or fraudulent representations, fraud or deceit, where the sum claimed does not exceed two thousand dollars, exclusive of costs.

§ 9. Section five hundred and twelve of said act is hereby amended to read as follows:

512. Commission. The court may award and issue a commission to take the testimony of a material witness not within the county of Monroe, as and in the manner provided in article three of title four of chapter nineteen of the code of civil procedure; and the provisions thereof, except as modified by this act, apply to the issuance, execution, return and effect thereof.

§ 10. Subdivision (a) of subdivision one of section five hundred and eighteen of said act is hereby amended to read as follows:

(a) When the damages recovered amount to five dollars and do not amount to twenty-five dollars, the sum of two dollars.

§ 11. Section six hundred and thirty-one of said act is hereby amended to read as follows:

§ 631. Territory annexed. The territory which by this amendatory act is annexed to the city of Rochester remains in the respective assembly districts of Monroe county in which it is now contained, until the same are changed according to law; and the common council must make provision for the voting of the electors of such territory.

8 12. This act shall take effect immediately.

Chap. 369.

AN ACT to amend chapter four hundred and seventy-eight of the laws of eighteen hundred and ninety-three, entitled "An act to incorporate the city of Olean," generally.

Became a law, May 19, 1908, 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. Title one of chapter four hundred and seventy-eight of the laws of eighteen hundred and ninety-three, entitled "An act to incorporate the city of Olean," is hereby amended to read as follows:

Section 1. The citizens of this state who may, from. time to time, reside within the territorial limits of the city of Olean, as specified in this act, are hereby created a municipal corporation in perpetuity to be known as city of Olean. It may take and hold in trust real or personal property for any public purp se, upon such terms as may be prescribed by the grantor or donor, and may provide for the execution of such trusts. It may sue and be sued, prosecute and defend in any court of law or equity.

2. The territorial limits of the city of Olean shall be as follows: All that part of the town of Olean in the county of Cattaraugus bounded as follows: Commencing at the intersection of the west line of town number one in the fourth range of townships of the Holland Land Company's survey with the south bank of the Allegany river at low water mark; thence easterly following the south bank of said river to the point where said south bank of said river intersects the west line of lot fifteen, section seven, town one, range four, of the Holland Land Company's survey; thence south on the west line of lot fifteen in section seven, town one, range four aforesaid to the southwest corner of said lot fifteen; thence east along the south line of said lot fifteen and the south lines of lots thirteen and fourteen in the same section, town, and range, to the southeast corner of said lot thirteen; thence north on the east line of said lot thirteen to the south bank of said river;

thence east along the south bank of said river to the point where the east line of lot four in section four, town one, range four aforesaid intersects said south bank of said river; thence north along the cast line of lots four and ten in said section four to the northeast corner of said lot ten; thence west on the north line of said town one, range four, aforesaid to the southeast corner of lot one, section five, town two, range four of the Holland Land Company's survey; thence north on the east line of said section five to the center of the Windfall road; thence west along the center of the Windfall road and the north line of lot one, in section five, town two, range four of said Holland Land Company's survey to the east bank of Olean creek; thence northerly along the east bank of said Olean creek, to the point where said east bank of said creek intersects the north line of lot eight in said section five, town two, range four; thence west on the north line of said lot one and of lot three in said section nine to the northwest corner of said lot three; thence south along the west line of said lot three in section nine, town two, range four and the west line of lot fourteen in section eleven, town one, range four to the south line of the lands of the Western New York and Pennsylvania Railway Company on lots twelve, thirteen, and fourteen in said. section eleven; thence westerly along the south line of said railway company's land to the west line of town one, range four, aforesaid; thence south along the west line of said town to the place of beginning.

3. The village of North Olean incorporated under the village law on the tenth day of July, eighteen hundred and ninety-four, is hereby dissolved, and all the property, real and personal, and all the rights, powers, privileges, and contracts belonging to or vested in the city of Olean as incorporated by chapter four hundred and seventy-eight of the laws of eighteen hundred and ninety-three, and the acts amendatory thereof, and said village of North Olean and all the duties, contracts, obligations, and liabilities of said city of Olean and said village of North Olean shall belong to and are hereby transferred to, vested in, and imposed upon the city of Olean. The common council of the city of Olean shall carry out and complete the construction of any pavements or sewers commenced or contracted for by the board. of trustees of the village of North Olean, and shall succeed to all the rights, powers, and privileges, and the city of Olean shall be

subject to all the duties and liabilities of said board of trustees and said village under the provisions of any contract or contracts made and entered into by said board of trustees for the construction of any such pavement or sewer.

§ 4. All of the volunteer fire companies of the village of North Olean, and all of the town fire companies of the town of Olean having their fire house and apparatus located within the boundaries of the city of Olean as established by this act, shall become and be a part of the fire department of the city of Olean, to be organized by the common council as provided in this act. The offices of all officers of the fire department of the village of North Olean, except the officers of the fire companies therein, are hereby abolished.

§ 5. All that part of the town of Olean not included within the boundaries of the city of Olean as established by this act shall continue to be and shall constitute the town of Olean.

§ 5-a. The board of supervisors of Cattaraugus county shall at its first annual session after this act takes effect apportion and divide the state and county charges chargeable to the town of Olean, and all the indebtedness of said town existing at the time this act takes effect, including said town's proportion of all highway improvements then contracted to be made between the city of Olean and the town of Olean as constituted by this act, and cause such charges as so apportioned to be levied upon and collected from the town and city of Olean respectively as constituted by this act. The indebtedness of said town of Olean as heretofore constituted, as so apportioned by said board of supervisors, shall be the indebtedness of said town of Olean and of said city of Olean as constituted by this act, and is hereby imposed upon said city and town respectively as so apportioned. Said apportionment except as to highway improvements shall be based upon the relative assessed valuation of the property of the town of Olcan, as constituted by this act, and of that part of the former town of Olean by this act included in said city of Olean. Said board of supervisors shall at the same time apportion between said city of Olean and said town of Olean, as constituted by this act, all the personal property heretofore belonging to said town of Olean, upon the same basis as the apportionment of the indebtedness of said town. That part of said personal property apportioned and allowed to the city of Olean shall be paid over

or delivered by the officers of the former town of Olean as the common council of said city shall direct. All of the real property belonging to the town of Olean as heretofore constituted shall belong to and become the property of the town of Olean or of the city of Olean according as the same is situated in said town or city, as constituted by this act, and the board of supervisors of Cattaraugus county shall appraise the real estate now owned by the town, and which it is proposed to take into the city by the provisions of this act, and shall apportion the amount the city shall pay the town for the same. The town charges against the town of Olean incurred prior to the time this act takes effect, and those incurred subsequent thereto, shall be separately audited by the board of town auditors of the town of Olean, and separately certified to the board of supervisors of said county of Cattaraugus at its first annual session after this act takes effect, and that part of such charges incurred prior to the time this act takes effect shall be apportioned between the city and town of Olean as in this section provided for state and county charges. All moneys

in the custody of any officer of the village of North Olean shall be paid over to the treasurer of the city of Olean within ten days after this act takes effect, and the city of Olean shall possess and have the same right, upon the expiration of said ten days, to prosecute and enforce any bond given by any such officer for the payment of any such moneys to the same effect as the village of North Olean or the board of trustees thereof might or could have done upon default in the condition of any such bond, had this act not become a law. All property of the village of North Olean other than money shall be turned over and delivered to such officers of the city of Olean as the common council may direct. All the records and papers on file in the office of the village clerk of the village of North Olean shall be deposited by the clerk of said village in the office of the clerk of the city of Olean within ten days after this act takes effect. The collector of the village of North Olean shall, within ten days after this act takes effect, make and file a return with the clerk of the city of Olean in the manner and form provided by section one hundred and sixteen of the village law, of all taxes collected and uncollected upon any tax roll then in his hands, and all taxes then unpaid upon such roll shall be collected by and paid to the clerk of said city in the same manner as city taxes, as provided by this act. In case any notice required to be posted or published by the collector of said village