Chap. 441. AN ACT to repeal title eleven of chapter eighteen of the laws of eighteen hundred and sixty-two, entitled "An act to revise the charter of the city of Utica," creating the town of Utica and a board of town auditors, and the acts amendatory thereof; also chapter five hundred and forty-six of the laws of eighteen hundred and seventy-four, entitled "An act to provide for the safekeeping of the money raised for the payment of town expenses in the city of Utica." Became a law, May 20, 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 eleven of chapter eighteen of the laws of eighteen hundred and sixty-two, entitled "An act to revise the charter of the city of Utica," creating the town of Utica and a board of town auditors, as amended by chapter ninety-nine of the laws of eighteen hundred and eighty-one, as amended by chapter eight hundred and sixty-nine of the laws of eighteen hundred and ninety-six; also chapter five hundred and forty-six of the laws of eighteen hundred and seventy-four, entitled "An act to provide for the safe-keeping of the money raised for the payment of town expenses in the city of Utica," are hereby repealed. § 2. This act shall in no way impair or affect any contract or obligation heretofore assumed or incurred by the town of Utica, nor shall it impair or affect any obligation or contract made in favor of the town of Utica with any person or corporation, but such contracts shall remain in full force and shall be assumed or enforced by the city of Utica with the same force and effect as though such contract were originally made with the city. All contracts or obligations of any kind or nature heretofore made or incurred by the town of Utica are hereby assumed by the city of Utica, and any claim, property right, or right of action heretofore existing in favor of the town of Utica shall inure to and be enforced by the city of Utica. All duties heretofore performed by any officer or officers of the town of Utica shall hereafter be performed by the proper officers and departments of the city of Utica. 3. This act shall take effect immediately. Chap. 442. AN ACT to amend the labor law, relative to the time when wages are to be paid. Became a law, May 20, 1908, 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 ten of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirty-two of the general laws," is hereby amended to read as follows: § 10. When wages are to be paid.- Every corporation or joint stock association, or person carrying on the business thereof by lease or otherwise, shall pay weekly to each employee the wages earned by him to a day not more than six days prior to the date of such payment. But every person or corporation operating a steam surface railroad shall, on or before the first day of each month, pay the employees thereof the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and on or before the fifteenth day of each month pay the employees thereof the wages earned by them during the last half of the preceding calendar month. § 2. This act shall take effect October first, nineteen hundred and eight. Chap. 443. AN ACT to amend the labor law, in relation to cash payment of wages by corporations engaged in harvesting and storing ice. Became a law, May 20, 1908, 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 nine of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirty-two of the general laws," as amended by chapter three hundred and sixteen of the laws of nineteen hundred and six, is hereby amended to read as follows: § 9. Cash payment of wages.- Every manufacturing, mining, quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph and telephone company, every express company, every corporation engaged in harvesting and storing ice, and every water company, not municipal, and every person, firm or corporation, engaged in or upon any public work for the state or any municipal corporation thereof, either as a contractor or a subcontractor therewith, shall pay to each employee engaged in his, their or its business the wages earned by such employee in cash. No such company, person, firm or corporation shall hereafter pay such employees in script, commonly known as store money-orders. No person, firm or corporation engaged in carrying on public work under contract with the state or with any municipal corporation of the state, either as a contractor or subcontractor therewith, shall, directly or indirectly, conduct or carry on what is commonly known as a company store, if there shall, at the time be any store selling supplies, within two miles of the place where such contract is being executed. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor. § 2. This act shall take effect immediately. Chap. 444. AN ACT in relation to registering titles to real property and facilitating and expediting its transfer. Became a law, May 20, 1908, 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. Short title. This act is to be known, and may be cited, as "the land title registration law." § 2. Application to register title to real property.- Real property, or any estate, interest, or right therein, the title to which is hereby authorized to be registered, may be brought under the operation of this act by the filing of a complaint, verified as prescribed by the code of civil procedure and praying for registration, with the officer hereinafter described as the "registrar," of the county in which the land, or some portion thereof, is situated. The application may be so made in person by the owner or owners of such property, estate, interest, or right, or by an attorney at law duly authorized so to do. A corporation may also apply by its duly authorized officer or agent. An infant or other person under disability may apply by his legally appointed guardian, or trustee, or committee. The natural person or corporation, in whose behalf the complaint is filed may be known, and is treated in this act, as the applicant, or plaintiff. The complaint so filed may be known, and is treated in this act, as the application. § 3. Applications and proceeding to be in the supreme court; title part of special term.— The application for registration must be made to the supreme court; and for that purpose said court shall be always open; and its orders, judgments and decrees in cases coming under this act may be made and entered as well in vacation as in term time. The proceedings upon such applications shall have the effect of proceedings in rem against the land, and the judgments shall operate directly on the land and vest and establish title thereto. An issue raised in such a case shall be tried at a special term of said court, in the county in which the application is filed, by the court or a referee, except that an issue of fact may be tried by a jury, in the manner prescribed by the constitution and code of civil procedure. When in any county the amount of business under this act makes it necessary or proper that one or more justices of said court should devote his or their entire time to such business, the appellate division of the judicial department in which such county is situated shall designate as many justices as may be deemed necessary, to constitute the "title part" of the special term in that court; said appellate division may provide by rules of practice for the conduct, in said title part, of the business coming under this act in such county. Said appellate division may assign one or more additional justices to said" title part" of the special term, or withdraw one or more justices therefrom, as the business coming under this act and the availability of the supreme court justices may require and make proper. One of the justices so assigned to the "title part' of the special term in any county shall be designated by said appellate division to have general supervision and control of the business coming under this act in that county. § 4. County clerks and registers to be registrars of title.County clerks in the several counties of the state, except the counties that may have registers, and in the latter counties the registers of said counties shall be "registrars" of titles in their re spective counties. All laws relative to registers, county clerks and their deputies shall extend to registrars and their deputies, so far as the same may be applicable, except as in this act otherwise provided. Registrars of titles shall be county officers, within the meaning of the laws of this state. 5. Registrar's bond.-Every registrar, before entering upon his duties as registrar, shall give a bond with sufficient security, to be approved by a justice of the supreme court, payable to the people of the state of New York, in a penal sum the same as that for his bond as register or county clerk, conditioned for the faithful discharge of his duties, and to deliver up all papers, books, records and other property belonging to the county or appertaining to his office as registrar of titles, whole, safe and undefaced, when lawfully required so to do, which bond shall be filed in the office of the secretary of state. § 6. Deputy registrars' powers and duties. In any county where the business under this act so requires, the registrar may appoint a chief deputy and as many other deputies as are needed. But no one, unless he is also a deputy register or a deputy county clerk, shall be appointed as such deputy registrar unless he is an "official examiner of title" as described and required by section nine of this act. Deputies may perform any and all duties of the registrar in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar, and in case of the death of the registrar, or his removal from office, the chief deputy shall thereupon become the acting registrar until such vacancy shall be filled according to law, and he shall file a like bond and be vested with the same powers and subject to the same responsibilities and entitled to the same compensation as in the case of the registrar. 7. Compensation of registrars and deputy registrars and registration clerks.- Where county clerks and registers are already salaried officials, the local authorities (county officials who provide for county expenses) shall fix their additional compensation as registrars, also the compensation of deputy registrars, the clerks, et cetera, needed to carry on the work under this act. Where a county clerk or a register is compensated directly by the fees paid to himself, his deputies and assistants, the fees paid to him as registrar shall take the usual course and be used to compensate deputies, clerks, et cetera, at such rates as the registrar may fix, the remainder to belong to him. |