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3i8 RECORD AND GUIDE February i8, 1911. LEGISLATIVE DIGEST. _ The following are excerpts of the min¬ utes of meetings of the Law Committee of the Allied Real Estate Interests relative to bills introduced in Albany, N. Y., af¬ fecting real estate: TO AMEND DECEDENT Estate Law.— Assembly. Introductory No. 104, Printed No. 196. Mr. Wende's bill to amend the Decedent Estate Law in relation to the manner of execution of a will. This bill requires in addition to the formalities now in force that the decedent and witnesses shall sign each separate sheet in executing a will. This bill was opposed last year. The reasons for opposition still continue. "V^'hile careful draughtsmen may adopt this expedient, there are many people who do not, and to have such a requirement in the State of New York when it is not the law in other States, will lead to end¬ less confusion in cases where wills af¬ fecting New York real estate are drawn by lawyers of other States. In most cases where people draw their own wills, they will be ignorant of this provision and their intention will be defeated. When wills have been recorded, it will probably be difficult to tell from the record whether each sheet was so signed. The bill should be opposed. TO INCREASE OFFICE PIOURS in the Register's and County Clerk's Office.— Assembly, Introductory No. 205, Printed No. 206. Mr. Murray's bill to amend the County Law increasing the office hours of the Register's and County Clerk's ofiices in New York, Kings and Queens Counties from four to flve o'clock in all months ex¬ cept July and August and from two to three o'clock in those months, except that the last hour thus added shall not be used for filing papers. To lengthen the hours will thus increase the efficiency of the offices concerned, especially in the Regis¬ ter's and County Clerk's offices will it be possible to make continuation searches after the day for receipt of instruments has been closed. The bill was favored by this Association last year and should be favored this year, TO ABOLISH Second and Third Trials. —Assembly, Introductory No, 121, Printed No. 122. Mr. Blauvelfs bill to amend the Code of Civil Procedure by abolishing the second and third trials in ejectment. This is the same as Senate bill 47 which has been approved. TO REPEAL LAW Requiring Addresses in Conveyances,-Senate, Introductory No. 161, Printed No. 164. Mr. Payne's bfll to repeal the requirements that addresses shall be included in all conveyances and validating the records of instruments which might be questioned for failure to comply with the present Section 333 of the Real Property Law. This is the bill prepared by the Law Committee and in¬ troduced at the request of the Associa¬ tion, Active measures should be taken to forward its passage, TO AMEND DECEDENT ESTATE Law. —Assembly. Introductory No. 246, Printed No. 248. Mr. A. Parker's bill to amend generally the Decedent Estate Law. The bill changes the course of descent and distribution by giving to the surviving husband or wife one-hall of the property and one-half to descendant's parents or collaterhls and in other respects changes the present course of descent and distri¬ bution. There is nothing in the bill which expressly repeals dower and courtesy and it would seem that husbands and wives ■will get one-half the property in addition to dower and courtesy. In general, it seems to be undesirable to change the course of descent and distribution with which we are familiar. They have been adopted and used for many years as car¬ rying out what would probably be the in¬ tent of most persons dying leaving prop¬ erty. STATE INCOME TAX.—Senate, Intro¬ ductory No, 19S, Printed No. 202, Mr. Grady's bfll for a State income tax. This bill seeks to set up a system of taxation of incomes for this State. There is no such taxation in other States. The tax can be evaded at any time by changing residence. Such taxation is unscientific and unadvisable. A tax so easily evaded by mere change of residence when other States do not make similar imposts, re¬ sults merely in diminishing the voting population by taking out of it desirable voters. All special enactments of tax¬ ation which can be evaded by change of residence of this sort are a menace to the community because they reduce the gen¬ eral level of the voting population and do not produce the expected revenue. EXCESS CONDEMNATION. — Senate. Introductory No. 202, Printed No, 351, Assemblj', Introductory No, 340, Printed No. 341. Concurrent resolution introduced by Messrs. Pollock and McGrath propos¬ ing amendment to the Constitution by adding provision for excess condemnation. This should be referred to the directors for action. If the resolution is passed this year, it comes up at the election next fall, BILL TO ANNEX YONKERS.—Senate, Introductory No. 203, Printed No. 207. Mr. Stillwell's bill to annex Yonkers to the City of New York. The bill provides for a referendum in the City of Yonkers but apparently provides no vote by the City of New York. The matter is of im¬ portance to the Inhabitants of New York City and they should be ha^rd upon the subject. The bill provides that if the vote in the City of Yonkers should be against annexation, the act shall be in¬ operative and void. Your committee is of opinion that such a provision is uncon¬ stitutional. It is the duty of the Legis¬ lature to enact legislation and a referen¬ dum cannot annul acts of the Legislature in this State. CONDEMNATION PROCEEDINGS to be heard by Court.—Senate, Introductory No. 204, Printed No, 208. Assembly, In¬ troductory No. 291. Printed No. 292. Mr, Bayne's and Mr. Ward's concurrent reso¬ lution providing for amendment to the Constitution to the effect that condemna¬ tion proceedings may be heard by the Court with or without a jury. If this amendment be adopted, it may be a relief from the present method of condemnation by three commissioners. It was approved last year and the reasons for such ap¬ proval still continue. TO AMEND PUBLIC HEALTH LAW in relation to repapering rooms.—Assem¬ bly, Introductory No. 276, Printed No. 278. Mr. Wende's bill to amen^ the Public Health Law, requiring that when rooms are repapered or rekalsomined, all old paper and kalsomlne shall be removed and the wall or ceiling thoroughly cleaned and attaching a penalty of $100 and liability tn punishment for misdemeanor by im¬ prisonment for not more than six months or by a fine or not more than $500, or both. It is improper that detailed regu¬ lations of this sort which belong in health codes and should be enforced by local boards of health, should be enacted in the statutes. It is advised that this bill be opposed, SEDGWICK AVENUE Assessment.— Assembly. Introductory No, 2S4. Printed No. 285. Senate, Introductory No, 190, Printed No. 194. Mr, Egan's and Mr. Griffin's bill authorizing the Board of Es¬ timate and Apportionment to direct that the cost of opening, extending and widen¬ ing Sedgwick av, in the Borough of the Bronx, shall be borne and paid by the City of New York, notwithstanding the provisions of Chapter 466 of the Laws of 1901. This legislation is of the character of legislation heretofore consistently op¬ posed by the Association. It seeks to im¬ pose upon the city generally, the cost of an improvement which had been made upon the understanding that it was to be assessed. TO AMEND CODE OF CIVIL PRO¬ CEDURE, so that Attorney General may have proper information in private real estate action.—Senate bills, Introductory and Printed Nos. 80, SI and 82, and In¬ troductory No, 175, Printed No. 179. As¬ sembly, Introductory Nos, 91, 92 and 93 and 184, Printed Nos. 353, 351,- 352 and 185. This is the series of bills which came up at the meeting of January 23. Your committee then thought that by reason of the fact that the bills were desired by the Attorney General for the purpose of mak¬ ing good work of his department easier, it would be well to recommend their en¬ actment, but your committee recommend¬ ed amendments to make the bills more certain in their operation. The bflls have been reprinted without these amendments and it is understood that the Attorney General does not desire to adopt the sug¬ gestion of this committee. In the mean¬ time, the matter has been reconsidered and at this meeting at which there was a fuller attendance than at the meeting of January 23, the argument was advanced that to pass these bills puts upon attor¬ neys conducting litigation burden and risk much greater than would be com¬ pensated by the saving of labor in the work of the office of the Attorney Gen¬ eral, especially as under the forms of the bills as they stand, it is not certain whether the interest of the State cut off by the operation of suits in which the al¬ legations required in these bills might be made, would be only the interest alleged or whatever interest the State might have. These considerations prevailed and your committee now recommends that all four bills be opposed in both Houses. East Tremonl Taxpayers. The East Tremont Taxpayers' Associa¬ tion will hold their annual banquet at the Bronx Park Boat House, Boston rd and 182d st, February 2Sth, 1911, at 8 p. m. The officers and members de¬ cided to have the ladies at this banquet, to bring the members as well as their wives and sweethearts in closer touch with the good work of the association. The following prominent speakers are in¬ vited: Bronx Borough President Miller, Ex-Senator George M. S. Schultz, Con¬ gressman Goulden, Comptroller Matthe- son, Mr. Press, President of the Schnorer Club. Senator Griffin, Public Service Com¬ missioner Eustic, Park Commissioner Hig¬ gins and several other noted men. Those desiring to attend should get tickets at least a week in advance from one of the committee given below, so that proper arrangements can be made. The "boat- house" is a cosey spot for a banquet, and nothing has been left undone to make the affair a success. The committee is: Charles A. Schrag, 2135 Southern Boule¬ vard. John A. Steinmetz, 1009 East ISOth st, Henry Mahnken, 871 East 181st st, Charles Forbach, 30S6 Decatur av. Realty League Election. A meeting of the Realty League was held on the 9th inst. at which the follow¬ ing officers and directors were elected; Officers, William C. Demorest, President; Chas. Buek, First Vice-President; Al¬ fred R, Conkling, Second Vice-President; A, R. Bastine, Secretary; Willard H. Hodgson, Assistant Secretary; A, H. Ma¬ thews, Treasurer; Carlisle Norwood, Counsel. Directors, Alfred R. Conkling, W, E, D, Stokes, Louis Ettlinger, P. Gal¬ lagher, William C, Demorest, Chas. Buek, John P. Leo, Charles F. Noyes, A. R. Bastine, Amos F. Eno, A. H. Mathews, John D. Crimmins, Carlisle Norwood, J. Clarence Davies. HILLTOP REALTY CO.—A special meeting of stockholders wili be held at the offices of the company, 29 Broadway-i March 3, at 2 p. m. - E. LOWENTHAL, real estate dealer of Boston road and Prospect av, baa been elected vice-president of the McKinley Square Business Men's Association.