{ title: 'The Malone palladium. (Malone, N.Y.) 1863-1909, July 09, 1908, Page 10, Image 10', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-10/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-10.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-10/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-10/ocr.txt', label: 'text/plain', meta: '', }, ] }
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-!SE3fc_» -* \ X /-.>• or sfi-3«sr th&reto; except rijlfetaiiets o f fft away aaa navy of the. CnHjfed sStes-ana- tbe^nafioaal guars ana nm*al Ijaaitia oi mis or any other state, omfters lof the in* dependent military orsauiz&dtis so des* ignated to section two huhdifed &hd forty- one of this chapter, meatbefs off associa- tions wholly composed of sJMdiera honors ably aiscKarged from the sWvtee of the United Staffs and members] of the order of Sons of Veterans, shall l»e guilty of a misdemeanor and In additlorti thereto 'shall forfeit to the people of iBis state One hundred dollars tor each djffense, to be sued for in the name of thi people. by a Judge-advocate. Ah money IrecOvered by *ny action or proceeding uaden this eee- fiion shall be paid to the adjutant-genera! •f the state who shaft appisj the same to the use of the active militi; 5 240. Trespassers and distarbera to be placed to arrest; liquor and Hjackster sales prohibited.—The commanding officer upon ony occasion of doty amy pike* In arrest during the continuance theifsof any per- son who shall trespass upon the camp ground, parade ground, armory! or other place devoted to such dntya oit shall in any way or manner toterrufit or molest the orderly discharge of difty iby those under arms, or shall disturb or Movent the passage of troops going fo or wtnrn- lns from anjr duty. | He may prohibit and prevent the sale or use of all eplrltuous Uquofs, wine, alo or beer, the holding of hucikter or auc- tion sales, and all gambling) within the limits of tie post, camp Krolnd,f place of encampment, parade or drfli u|nder bis command or within such limits net ex- ceeding one mile therefrom ([as ' he may fo|as!s^ la ho'«*se-he omitted o^ prescribe. And he may In l]is discretion abate as common nuisanefs fell such sales. 5 24L Military parades by fura-jrthorlzed bodies prohibited.—No body of men, other than the active militia and mo ilroops of the United States except sucMtodfpendent military organizations as were on the twenty-third day of April, eighteen hun- dred, and eighty-three and Sow are* in existence, shall associate th< gether as a military com; ization, or parade in publlo io any city or town of city or town shall raise o; any money toward arming uniforming or In any other tog, sustaining or providing or armories for any such but associations wholly co: diers honorably discharged Ice of the United States, the order of Sons of Vete: Ives to- ottorgan- :th firearms stajte. No appropriate equipping, support- drill] roams ;5* ojf men; sed of sol- AJOe serv- impers of iS may pa- rade in publlo with firearms ten l?ecora- e$ Dew- if any reg- is return- the pur- aJ of de- educa- Scisace i *t in- Of the flitearms nderice of &ot be a tion tion day. or on May first, kno< ey day, or upon the reception lments or companies of sol Ing from each service,' and fi pose of escort dnty at the bi ceased soldiers, and students! tional Institutions where mill: Is a prescribed part of the struction may, with the coi governor, drill aad parade wi' in public under the superin: their teachers. This section construed to prevent any oi._ Authorized to do so by law from parading with firearms, nor to prevent parades by the national guard or naval 1 militia ot any other state. The indepedaent mili- tary organizations mentioned in this sec- tion, not regularly organized asj organiza- tions of the national—guard, Jr e hereby made subject to the orders offl the gov- ernor in case of emergency or|necessity, to aid the national guard in quelling In- vasion, insurrection, riot or bn peace provided the officers ani of such organization shall, whe; upon, first sign and execute through their commanding ofli< officer to whom it is ordered to^repoirt, a form of enlistment In form tt| be: pre- scribed by the governor in regulatloiiis or orders for a term not less th&n thirty days nor more than ninety days atl one time; and if the service of such organiza- tion shall not be required forjj the , full term of their enlistment, they| shall be discharged by the order of the governor. Ail members of such independent organ- izations when called Into service of the state, as herein provided for, pshalli be equipped and paid by the state, gind shall be protected in the discharge of jihei,r du- ties, and in obeying the order* of the governor, as though a part of thji nation- al guard of the state. Any persojn violat- ing any provision of this section! shall be deemed guilty of a misdemeano: § 242. Separate companies and divisions. — The words pany,\ or \separate division,\ used in this act shall be constru ply to and mean separate com] separate divisions existing, orgao recognized by the governor as April second, eighteen hundred aiid nine- ty-eight, irrespective of their being now or hereafter part of a regijnentjjor bat- talion, and to such similar organizations as may have been since or may §e here- after created, and as may be ce: the adjutant-genera\ of the stai separate companies or separate- within the meaning of this sect! Elective of their being or becoi of a regiment or battalion. § 243. Amendatory and repeal!: utes. —No section\ or provision chapter or any part thereof snail ed to be repealed, altered or amended 1 by any statute passed by the legislature pn- less such statute explicitly refers {[to this chapter as the military law, or by fts dth- er titles as part of the general annual legislation and explicitly alters or amends the same or so: thereof. ARTICLE XII. Miscellaneous Provisions, Section 250. Joint service on Ian 251. Duties by title of office. 252. Formation of associations 253. Formation of state assoclatlaj 254. Violation of by-laws: expulsl 225.* Ruler and regulations. 256. Custom and usage of the States army and navy. 257. Organizations not attached t< gade. 268. Laws repealed. 259. Name of this chapter. 260. When to take effect. § 250. Joint service on land.—WhSn the national guard and naval militia are on duty together at the same time, thf com- manding officer of the national fauard •hall have command of the whole § 251. Duties by title of office ties unsigned to an officer by title chapter shall devolve, is case of or disability to command of the named, upon the line officer next inS ranis, except as otherwise provided in thisjfchap- ter. 5 252. Formation of association laws—The officers of any reglnn battalion or squadron not a part of lment, the officers of the corps ol neers serving with the engineer and the officers of the '^coast i corps serving to the same artilli trict, and the members of any sq troop, battery, company, division,! pany of signal corps, field hospl! detachment of hospital corps, may ize themselves Into an association which the commanding officer sh%U president; provided, however, that^. sucB association shall adopt by-laws, rules and regulations not inconsistent wi: chapter, and which shall conform system prescribed in general re and be submitted to the major-gen the commanding officer of the naval tia. as the case may be. for his api and which by-laws shall provide treasurer of such association ahali nlsh proper security for the faithfuls per- formance of his duties; that all funlps oi the association shall be kept in a|bank of deposit in a separate account, lift the name of the association; that cheekaaipoo such funds shall be signed both bf Lhi) treasurer and the commanding offic|r ot such association; and that the boohji and accounts of such association shall st all times be open to the inspection of any of- ficial whoso duty It Is to Inspect the oggan- lz«>d militia of the state or of any mejabet e>f the association. Such by-tews mayjcon- tain such other provisions as are h consistent with tfie IlmitatidBS here) forth, and when approved by the .general or the commanding officer 6i naval nalltia, as the caso may be, by-!aroa. rul©3 and regulations' s binding upon all commisloned ofljcersland enlisted men therein; but they may ba al- tered In the planner provided for 'flielf adoption from time to thus as .ma* bs found hcesssary. provided, however, that t*» ^agential provisions hereinabove s est. 1 ified* -.JSvery ageociattph -4im&r formic which has not ado»p«ed by^lawa under the reg- , clarions and limitations .hereihahove set iforth; and. every ,assoe!a4ioa ; heretofore formed which has adopted •by-la.ws that do not contain the essential requirements hereinabove set forth, shall\adopt re- vised- by-laws containing such requlrev ments and submit the saihe for approval to tbelr respective commahdihg'officers as above set forth. §,253, Fortaatfon of state, association.— The officers ot the active militia may ori- ganize themselves into an association, the name of which shaH be /'the national guard; assocJatloAof the state of New Torte.\ Such association may adopt by- laws apt ^consistent with the statutes of the. state and aiter and amend the'same and niay take arid hold such real and per- sonal property as may be necessary for tfcj» tourppses of the association. 8 251 Violation of by-laws; expulsion.— For violation of by-laws, rules and regul*- tfohsof associations organized puTiusnt U this ehapterj eallstefl men 1B addition to trial by a military court, may also he ex- pelled from the organizations towhloh they belong by a vote of the majority of all its members, and upon such action being con- firmed to orders by the commanding officer of the regiment, battalion or squadron not part of a regiment, and to case of an or- ganization, not part of a regiment, battal- ion or squadron, by the officer to whose command It Is attached, in case at the corps of engineers by the colonel, in the case of the coast artillery corps by the ranfcins officer serving 4n the artillery dis- trict, the name of such person shall be stricken from the roll of the organiza- tion of which he was a member, his cer- tificate of membership shall be surren- dered and canceled, and he shall cease to be a member thereof, and his «me_ of service in the same shall not be allowed. fi 255.. Rules andi regulations.—The gov- ernor Is hereby authorized to make such rules and regulations as he may deem ex- pedient, but such rules and regulations shall conform to this chapter, and, as nearly as practicable, to those governing the United States army and navy and when promulgated, shall have the same force and effect as the provisions of this chapter. Such rules and regulations shall not ba repealed, altered; amended or add- ed to, except by the major^eneral or tha commanding officer of th*-naval militia, with the approval of the governor. The rules and regulations in force at the time of the passage of this chaster, shall re- main to force until new rules and regula- tions are approved and promulgated. S 2ES. Custom and usage of the United States army and inavy.—All matters relat- ing to the organization, discipline and government of the national guard and na- val militia, not otherwise provided for In this chapter or In the general regula- tions, shall be decided by the custom and usage of the United States army or navy, respectively. 5 257. Organizations not attached to bri- gade.—Organizations or corps not part of or attached to any brigade shall be under the command of the major-general for all purposes. § 258. Laws repealed.—Of the laws enu- merated In the schedule hereto annexed, that portion specified in the last column Is repealed. Laws of Chapter Sections mm 9w NEW $pm~mi Atmomx* :-;?\rss?Z£^ eparate Se cbm- pherever to ap- inies; or ' ed and ach' on SSed| by to be $1 visions 3, ifre- p^rta stat- i>f 'this i deem- Jawaj ot I'epeals, ie,p!art r-laws. 1898. 1S9S 1899 „. 1S99 1899 1800 1901 1903 1903 1S03 1903 1903 1903 1903 1903 1904 1904 1904 1904 1904 1904 1904. 19G5........* 1905 1905 1905 1305 1905 1906 1905 1906..-. 1906 1906 1906 1906 1906 1206 , 1907 , 1907 1907 1908 212. , 601... . 240... . 607... EOS... . 746... 314... 74... . 75... 76... 77... 211... ... 271. ... 435. ... 24. ... 25. .. 147. .. 149.. .. 310., .. 321.. .. 753.. .. 310.. .. 419.. .. 617.. .. 618.. .. 694.. .. 16.. .. 17.. .. 18.. .. 104.. .. 105.. .. 133.. .. 134.. .. 160.. .. 201.. .. 420.. .. 812.. .. 313.. All. AIL All. All. AIL All. AIL AH. AIL All. AIL Alt AIL AIL AIL AIL All. i. All. All. AIL All. AIL All. AIL AIL All. AIL / AIL AIL All. AIL All. AIL AU. AIL .'. All. AIL All. All. AIL ....... AU. The repeal of the law or any part of a law specified in the foregoing schedule shall'not revive any law or part of a law thereby repealed, nor shall such repeal affect any act done or offense committed, or penalty, forfeiture, or punishment In- curred or accrued prior to the time when this act takes effect, but the same may be enforced, prosecuted and inflicted as fully as if such ,act had not been repeal- ed, and all proceedings, commenced un- der or by virtue of any law so repealed, may be continued and prosecuted to final effect as fully as they mieSi bo under the laws then existing. 9 259. Name of this chapter.—This chap- ter shall be known as the military law. § 260. When to take effect—This chapter shall take effect immediately, except that the provisions of section one hundred and thirty-three of the present military code relative to the expenses of erecting. Im- proving and furnishing armories and the purchase of materials and supplies for and the maintenance of armories, shall continue In force and effect until the first day of January, nineteen hundred and nine, when they shall be superseded by the provisions of this chapter. State of New York, Office of the Secre- tary of State, ss.: I have compared the preceding with the original law on file to this office, and do hereby certify that the same i s a correct transcript therefrom and of the whole of said original law. JOHN S. WHALBN, Secretary of State. •So In the original. LAWS O F NEW YORK—By Authority. [Every law, unless a different time shall be prescribed therein, shall not talcs af- fect until the twentieth day after it shaD have become a law. .Seetlon 13, article IT, chapter 8, General Laws.] \\\ CHAP. 144. AN ACT to amend the liquor tax la*, la relation to state commissioner of excise: excise taxes: liquor tax certificates and local option. Became a law, April 3L 1908, With tha 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 i. Section six of chapter one hundred and twelve, of the laws of eight- een hundred aid ninety-six. entitled \An act in relation••.•to the traffic to liquors, and for the taxation and regulation of the same, and to provide for local option, . constituting chapter twenty-nine of the general iawsi\ as amended by chapter three hundred and .twelve of the laws of. eighteen hundred and ninety-seven, aa amended by chapter six hundred and for- ty of the laws of nineteen hundred and one, and as amended by chapter three hundred and forty-five of the laws Of nineteen hundred and seven, is hereby amended to read as follows: .'•;.,'••. 5 S. State commissioner of excise: du- ties; necessary parity to certain litiga- tion.—Within ten dftya'..-after the passage Of this tuai \the governor,, by and with the advice • and consent of the: senate, shall appoint a state commissioner of ex- cise who shall hold his office for the tern*' of five years,, and until his successor Is appointed and has qualified. A commis- sioner shall in liho .maimer be appointed open the expiration, of the term. If a vacancy occurs in tha office of commis- sioner it shall be filletl in Uk»mann-r for th» r»si*u» of the tern% The eaniailsslon. trpller ojg the state; a bond to, the .people of the state to the sum of twenty, thou- sand doiiaysf w#h sureties to bo approved by. the. cot&pfrolierV'condTaoned tori *he: faithful performance of his duties, and for the due:.accounting. for ail moneys re- ceived by him as such (commissioner. The commissioner shall receive on annual sal- ary: of seven thousand dollars and' his necessary expenses, whioh salary shall be payable in equal monthly installments. The state commissioner shall make ah an- nual, report |6 the legislature on'or before the second Jftmday in; each year, whioh shall contain such statements, facta and' explanations as will disclose the actual yforklnfi of the liquor tax law in its bearings upon the Welfare of the state), including all receipts and revenues col* lected under the law, and all expenses and disbursements mourred, and also such suggestions as to the general policy of the state, sad such amendments of this law a^ the commissioner Shall dtem ap- propriate. The state oommlsiloner shall also cause the accounts and vouchers of all excise moneys collected and said over to the state and to the several localities by eaoh county treasurer and special dep- uty commissioner ia tha state, and the records of alt transactions by them under the liquor tax law to be carefully exam- ined, and tha result of such examination certified to tha state comptroller at least once to every year between the first day of'October^and the first day of May; and, in addition ; to such annual examination, said Commissioner may, whenever to his discretion he shall deem it necessary, ex- amine said accounts, vouchers and rec- ords. The f»t< commissioner of eareise shall he made a party to all actions and proceedings affecting In any manner the submission of the local option questions provided for in section sixteen of this act or the result of any vote thereupon or the traffic in liquors under this aot; to ail actions and\ proceedings relative to the Issuance of liquor tax certificates under section eleven or the transfer thereof un- der section twenty-five, twenty-six, or twentr-seven, ©> the surrender thereof and cancellation and rebate under sec- tion twenty-five; to ail injunction pro- ceedings under section twenty-nine; and to all other civil actions or proceedings, whether brought under the provisions of this act or otherwise, which in any man- ner affect the enjoyment of the privileges or the operation of the restrictions pro- vided for Jn this act. From all other par- ties to such actions or proceedings, he Shall be entitled to due notice of all pro- ceedings therein and shall be duly serve^l with copies of all papers and pleadings therein, where such notice of proceedings Is not given to and such service of pa- pers and pleadings is not made upon an attorney appearing therein upon his be- half, pursuant to a designation under sec- tion ten of this act. {2. Section twelve of said chapter is hereby amended to read as follows: {12. Tax, when due and payable.—The several amounts to be paid as taxes un- der this act are assessed yearly, commenc- ing on the. first day of October, nineteen hundred and eight, and shall be paid yearly In advance on the fifteenth day of September of each year, and said assess- ments together with any penalty that may become due by reason of the viola- tion of any of the provisions ot this act, shall attach to and operate as a lien on the property on and In said premises where such traffic to liquors Is carried on or elsewhere belonging to the corporation, association, copartnership or person from whom such tax Is due; provided, how- ever, that when such traffic shall be com- menced after the'said first day of Octo- ber in' any year, said assessment shall, for the balance of the year, be to propor- tion as the remainder of the year shall be to the whole year, except that it shall to no case be for less than one-twelfth of a year—any part of a month being com- puted as one month—and the said amount shall attach and operate as a lien as aforesaid, at the date of such commence- ment. The several amounts to he paid as taxes under this aet for traffic to liq- uors between the first day of May, nine- teen hundred and eight and the thirtieth day of September, nineteen hundred and eight, inclusive, shall be five-twelfths of the assessed annual tax, provided, how- ever, that if traffic shall be commenced after the first day of May, nineteen hun- dred and eight, and before the first day of October, nineteen hundred and eight, the assessment for the balance of such period shall bo to proportion as the re- mainder of the period shall be to the whole period, except that It shall to no case be for less than one-twelfth of a year—any part of a month being computed as one month—and the said amount shall attach and operate as a lien as aforesaid. S Z. Section sixteen of said chapter, as amended by chapter three hundred and twelve of the laws of eighteen hundred and ninety-seven, as amended by chapter three hundred and ninety-eight of the laws of eighteen hundred and ninety-aine, as amended by chapter three hundred and sixty-seven of the laws of nineteen hun- dred, as amended by chapter six hundred and forty of the laws-of nineteen hundred and one, aa amended by chapter six hun- dred and eighty of the laws of nineteen hundred and five, and as amended by chapter three hundred and forty-flve of the laws of nineteen hundred and seven, is hereby amended to read as follows: S 16, Local option to determine whether liquor shall be sold under the provisions of this act-^In order to ascertain the will of the qualified electors of each town, the following questions shall be submitted at each biennial town meeting hereafter held to any town in this state, provided the electors of the town to the number of ten per centum of the votes cast at the next preceding general election shall request such submission by written petition, signed and acknowledged by such electors before a notajfcv public or other officer au- thorized to tan acknowledgments or ad- minister oaths, which petition shall be filed not less than twenty days before such town meeting with the town clerk of the town: ' Question 1. Sailing liquor to he drunk on the premises where \sold.—Shall any per- son he authorised to traffic in liquors un- der the provisions of subdivision one of •ecnon eleven of the liquor tax law, namely, by selling liquor to be drunk on the premises where sold, in. (here insert the name of the town)? ftuestton-3. Selling liquor not to be drunk on the premises where sold;—Shall any person be authorized to traffic to liquors under the provisions of subdivision two of section eleven of the £quor tax law, namely, by selling liquor not t o bs drunk on the \premises where sold, i n (here In- sert the .name' of the? town)? \ Question 1 Selling liquor as a pharma- cist on a-physician's prescription.—Shall any person be authorized to trafflo in liquors under the provisions of subdivi- sion three of section eleven of the liquor tax law, namely, 'by selling liquor as a pharmacist «** physician's prescription, •tor (here insert the name of the town).? Question 4. Selling, liquor by hotel keept «ra-oBjy.-*SBaU iany'perEiJn be authorized to traffic in liquors under subdivision One of section eleveri e£ the Jiiubr tax law, but only itt Connection' with th» business of keeplffir'a hotel Co. Cher* insert tha nain% o f ta#«ownj, if t»e majoritjr of the votes cast oh? tba first question submitted are ta^the negative? The town \clerk shall, within; five day* from the filing of such petition In his office, prepara and file In the office of the county clerk, of^ih* county: * certified copy of such petition, pnftrtdea tha town meeting at which such questions are to be submitted is. to be held at tha time of the general ejection. The? tffwa Clerk shall also, at least ten day* before the holding of such town meeting or general •lection, cau/ie to be printed and posted in at least four public places in such town,•':*Notice of the ttct that #41 of the local option questions provided for herein will ba voted OS at such town meeting or general election; and the said notice shall also be published, at least five days before (ho vote la to be taken, once, to on? newspaper published in the county in whfah such toftm is; sttu»ter i ' r b ic b • i *0 bo a; newspaper pubUsJJe& in, the town* if there' be one. whenever such questions are to be submitted under the provisions of this act, it shall be the duty of each officer charged by law with the duty et •prepajics: the' official ballots for such town, meeting or- election, to have pre- JHH^SUba.fifea jtoft b£..l«v*j»r J»*l parth«> the-offloial ballots-, for such town meeting or elecpoi}, 'tha ballots required by the ejection lair for ypttog upon anf cphstltutftraai -.amendment, proposition or question, in-the form and 'of ^he'muiibe* required by the' election law, upon.,the face of which shall be printed to fuU the said questions* as heretofore stated. Any elector qualified fo vote fpr town, county or stato*fflcers/at sueh.towh, meeting.;,or general election anal! be entitled-to vote upon such local option questions. As soon as the town meetinif or election shall be held, areturaof rtbe. votes east and count- ed shall be made as provided T>y law,\ and if the ^majority of tbaTC*»s shall be in the negative or if theaumbsrof votes cast for and against shall be equal on either ol such questions, no person, shall thereaftet so traffic In liquor? or apply for orsreceiv* a liquor tax certificate under the subdi- vision or subdivisions of seotien eleven, referred to in the question or questions upon which the number of Votes cast for and against shall be equal or upon which the majority of the,votes shall have been oast to the negative; except as provided by clause \j\ of section thirty-ona of this act But if the majority of the Votes cast on the fourth question submitted are in the affirmative, aad a majority of the Votes cast on the first question submitted are not In the affirmative, a liquor tax certificate may be granted under subdi- vision one of section eleven to the keep- ers of hotels, who may trafflo in liquor to be drunk in the hotel and off the prem- ises, though the majority of the votes cast on the second question submitted are riot in the affirmative. If the majority of the votes cast oh the second question submit- ted, shall be in the affirmative, the holde* of a liquor tax certificate under subdivi- sion two of seetlon eleven, who Is a phar- macist, shall not sell as a pharmacist un- less the majority of the votes cast on the third question submitted are in the af- firmative. The status existing at the tfans such vote is taken Upon questions submit- ted shall not be changed until the first day of October following next thereafter, prior to which time such vote shall nei- ther authorize the Issuance of liquor tax certificates in accordance therewith, or preclude the Issuance of such certificates to accordance with the result of the pre- ceding vote on such questions submitted, nor shorten the term for which any liquor tax certificate may have been lawfully issued, nor affect the rights of any per* con thereunder. If for any reason except the failure to file any petition therefor, the four propositions provided to be sub- mitted hereto to the electors of a town shall not have been properly submitted at such biennial town meeting, such prop- ositions shall be submitted at a special town meeting duly Called. But a special town meeting shall only be called upon filing with the town clerk the petition aforesaid and an order of the supreme or county court, or a justice or judge there- of, respectively, which may be granted upon eight days' notice to the state com- missioner of excise, sufficient reason be- ing shown therefor. Upon any applica- tion for such order, the town board, or any taxpayer in the town, may Intervene as a party and be heard to' opposition thereto. The town cleric shall within five days after the filing of such petition and order, call a special town meeting to be held at a time not less than twenty days nor more than thirty days after the filing of such/petition and order, and he shall also cause to be printed, posted and pub- lished a notice of such special town meet- tog, oontalnlng a clear and concise state- ment of the purpose thereof and shall prepare ballots therefor to all respects as Is provided by this aot tenths case of a biennial town meeting, and the result ot the vote thereat shall be canvassed, certi- fied and returned to like manner and shall take effect at the beginning of the next excise year, that is. on the first day of October following suoh vote, as is pro- vided when a vote is taken at a biennial town meeting. A certified copy of a statement of til* result of the vote, upon each of such questions submitted, shall immediately after the submission thereof, be filed by the town cleric or other officer with whom returns of town meetings are required to be filed by the election law with the state commissioner of excise and also with the county treasurer of the county, or with &* special deputy com- missioner having',authority, where trafflo to liquor therein ia lawful to Issue liquor tax certificates to be held in such town, and no liquor tax certificate shall there- after be Issued by such officer to any per- son to traffic in liquor in said town under such subdivision of section eleven of this aot upon which a majority of the votes may have been cast to the negative, ex- cept as otherwise provided In this aot | 4. Section seventeen of said ohapter, as amended by ohapter three hundred and twelve of the laws of eighteen hundred and ninety-seven, as amended by chapter three hundred and sixty-seven of the laws of nineteen hundred, a s amended by chap- ter six hundred and seventy-seven of the laws of nineteen hundred and five, and as amended by chapter three hundred and forty-five of the laws of nineteen hundred and seven, is hereby amended to read as follows: f 17. Statements to be made upon appli- cation for liquor tax certificates.—Every person to become liable for a tax under subdivision one, two, three, six or slx-a of seotlon eleven of this act assessed on the first day of May, nineteen hundred and eight, shall, on or before said date, and every person to become liable for such tax assessed, on the figst day of Oc- tober, of each year, shall off or before the fifteenth day of September next preced- ing; and every person to hecome liable for any portion of such tax assessed after said date shall sufficiently in advance thereof prepare and make upon the blank which shall be furnished by the county treasurer of the county or by the special deputy commissioner .of excise, if there be one, upon application therefor, a state- ment which shall be given to such county treasurer or special deputy, signed and sworn to by such applicant or appli- cants, or by the person making such ap- plication in behalf of a corporation or as- sociation, stating.-.. 1. The nam* of each applicant, and If there be mora than oho and they be part- ners, also their partnership name,, and the age-and residence of the several per- sons BO applying, and the fact as to his citizenship. & The name and residence of every per- son interested or to become interested in the traffic to. liquors for which the state- ment, i s made, unless such applicant. be a corporation or association, in which ease the person making the application In behalf of the corporation or association shall set forth, instead, the ham* of the corporation or association,, the state un- dent the laws of whioh i t i s organised, and th* x natur* of his authority to act for such corporation or association. 8. The premises-where such business is to be carried tin,.stating the street and number, if the premises hav* a. street and number, and otherwise such apt de- scription as, will /reasonably indicate the locality thereof, and also the specific lev cation on the premise* of .the bar or place: at whichi liquors ;ar*-to b* soht 4. Under which Subdivision, of section eleven of this aot the tratBa In Uquori is io he carried: on, and what^ If aayi other business'is to be carried on in connection therewith, ^or oh 'the same: premises/ by the applicant or any other person; and also what, if \any*.other business .is to bo carried onlliy thd applicant or by Mother In any room adjoining', which is hot.en- tirely, separated from the room to which th* trafflo i n liquors is to be carried on, by solid partition at least three inches thick extending from floor to cellhUr, wfth- out any opening therein. . , 6. Xnd a statement that such applicant has not been convicted bf a felony; has not been convicted of a violation of this law within three years prior to the date of such application; does hot, as owner or agent, carry on, or permit to &«' car- ried on, nor is interested i n any traffic, \puafneSs or occupation, the c*wytag on of whlph is a vidlatipu of -law. and may iawfUUy carry on such traffic to .liquor* upon, sucjh premises, under su<?h suhOlvi- sldh, aud la not #jthto any of tha pjrobi- bltlofls of this act. Al*fc ho* many build- ings occupied, .'exclusively as dwellings there \are the nearest entrance to which : i» within two inmdrefl; feet weasured to a straight line, of the. '-nearest eutranee to • the premises, where the traffic fo liquors - is intended to be Carried oh,jana whether th* ajpplieAnt Intends teV trafflo Tn Bquorg under :&* certlflcat* applied for; in any bundtoft yaroV booth, or other plac*,- whlcn: t» on th* -same street or a-vehue ih« withih', two hundred fee| of * btiild- ing occupies exclusively as -a church or acTioolh6u#e f ':aiid If either question is ah- a^ere* i«llrm»tlvely that ther* are any such dweUihss, church or school build- ings, than said applicant shall ate* State whether such trafflo to liquors/was actu- ally,' taWifolE carried on in such premises pn March twenty-third, eighteen hundred and ninety-six, and, if yes; the data sine* which said premises hav* been, contin- uously occupied for such trafflo. in liquors; also Whether said premises wer* actually occupied'at a hotel on Keroh twenty- third, eighteen hundred and ninety-six, and : It yea; tha date since which said premises have been continuously occupied as-a^hoielj'-also whether any liquor' tax certificate for trafflo to liquors in such premises has been revoked or forfeited sine* th* first day of May, nineteen hun- dred and flv*j and if yes, the date of the entry* of th* latest final order r*Tokl»g or th* 4at* of' th* latest conviction or Judrment forfeiting the same; and wheth- er the violation for which such revoea. tloo,. conviction *r forfeiture was had was that th* certificated premises had been suflfered or permitted to be disorder- ly or that gambling had b**n suffered or permitted therein. 5.^ There shall also b* m> filed simul- taneously with said statement, a consent In writing that such traffic to liquors be so carried on in suoh premises, executed by the. owner of the premises, or by his duly authorised agent, and acknowledged as are deeds entitled to be recorded; ex- cept to,coses where such trafflo to liquors Was actually lawfuly carried on in said premises so described In said statement on the nftenty-thlrd day of March, eight- een' hundred and ninety-six, to which case such consent shall not be required. 7.' If suoh trafflo is to b* carried on in any building or place owned by the pub- lic, ox in,any building or place situate on land owned by the public suoh applicant or applicants shall at th* same time file with sqch county treasurer, or special deputy, th* written consent of the author- ities having the custody and control of suoh building, and of th* land on which it la\ situated for th* trafflo to Uqcor* therein. 8. When th* B*ar*st antranc* to th* premises described in said statement as those tn which trafflo in liquor i s to be carried on Is within two hundred feet, measured in a straight line, of the near- est entrance to a building or buildings oc- cupied exclusively for a dwelling, there shall also b* filed simultaneously with said statement a consent in writing that such trafflo to liquors ba so carried on in •aid premises during a term thereto stat- ed, executed by the owner or owners, or by a duly authorized agent or agents of suoh owner or owners of at least two- thirds of th* total number of such build- ings within two hundred feet so ocoupled as dwellngs. and acknowledged aa are deeds entitled to be recorded, except that such consent shall nor be required to cases where such trafflo in liquor was actually lawfully carried on In said prem- ises so described In said statement on the twenty-third day of March, eighteen hun- dred and' ninety-six, nor shall such con- sent be required for any place described In said statement which was occupied as a hotel on said last mentioned date, not- withstanding suoh trafflo in liquors was not then carried on thereat Whenever the consent required by this section shall have been obtained and filed as hereto provided, unless the same be given for a limited term, no further or other consent for trafficking in liquor on such premises shall be required so long as such premises shall be continuously occupied for such traffic. If a liquor tax certificate shall be re- voked and canceled under section twenty- eight of this aot, or forfeited under any other section of this act, after the first day of May, nineteen hundred and five, the traffic in liquors shall not thereafter be carried on at the premises for whioh such certificate was Issued, nor any liquor tax certificate obtained therefor so long as •aid premises continue to be ocoupled, not exceeding one year, by the person who was the holder of the forfeited certificate at th* time of the commission ot the aot complained Of, or occupied by a member ot his family, his agent or by any per- son to his employ, or representing him, or so long OB the -said former certificate holder shall be Interested In the traffic to liquors to be continued at said premises under a new certificate, unless there shall bs obtained and filed simultaneously with the application statement for such cer- tificates a consent to writing that such trafflo in liquors be so carried on to said premises, as required by the general pro- visions of this subdivision, notwithstand- ing such trafflo in liquor may have been actually lawfully carried on in said prem- ises on the twenty-third day of March, eighteen hundred and ninety-six, or said premises occupied aa a hotel on said last mentlone>l date, and notwithstanding the consents required by this subdivision, giv- en for a* Unlimited term, shall have been previously obtained and filed; and If the violation of law for which the cancella- tion or forfeiture of said certificate was had was that the holder thereof, or his agent, had suffered or permitted said cer- tificated premises, or any yard, booth, garden or any other place appertaining I thereto or connected therewith, to become disorderly .or had suffered ' or permitted any gambling In the place designated by the liquor tax certificate as that in which the traffiw in liquors was to bs carried on, or in any yard, booth, garden or any oth- er place appertaining thereto or connect- ed, therewith, no new certificate shall be Issued for said premises to any person, for the -period of one year from th* date of \the entry of a final order cancelling such certificate, or from the date of th* •oavictlon of .th* certificate holder f«»r such crime committed on said premises; provided that Che-dlscontlnuanc* of trafflo i» liquors for one year or less, by reason of th* provisions of this section, shall not operate or bo -construed to forfeit any right Of trafflo which, tinder the provi- /slons of this section, attached to the place for which such forfeited or revoked certlflcat*, was held. 9. If th* traffic i n liquors i s to b* car- ried on in'connection with the business of keeping. a hotel, the applicant shall also show by his application that all the requirements of section thirty-one here- of, defining hotels, have been complied with.-- -: ;;•'.;- V 10. When «ueh applicant shall be a duly: licensed pharmacist desiring to traffic in liquors as such, under subdivision three of section- eleven of this act, he shall file with such oounty treasurer, or sper cial daputy commissioner, i n addition to 'the other statements required by this act, a verified, statement also showing that •aid applicant Is a licensed pharmacist in good standing, actually carrying on and 'doing- business as a pharmacist on his own account at the place or store wh*r* h* desires to So trafflo in liquor, that th* principal business which will ba transacted \by\ said applicant in said place 0 store, duringr the pefi6d to be eoVered by the; certificate applied for, is the dis- pensing end retailing of. drugs and med- icines, that.said applicant has noU dur- ing the year last past, allowed. any liquor so sold on said place or store to be drUbk therein,, or otherwise violated any of the provisions of this act Every person\ lia- bt* for a tax under subdivision four of lection eleven of this act shall, on ot be- fore tii* first day of October of each year, prepare and make upon a blank, which shall be furnished by the state commis- sioner of excise, such statement In regard to carrying on such trafflo as the commis- sioner may require, including the state- ment required under clauses one, two and fiv* of this section, which statement shall b* given to the stat* commissioner of excise, signed and sworn to by such ap- plicant or applicants, or by th* person making such application in behalf of a •orporatlon or association. U. Upon receiving such statement, the same shall be Died In the office of such county •'treasurer, special deputy commis- sioner of excise, or state commissioner of excise, to whom th* laml is given as herein provided, who shall endorse there- on the date of the receipt of th* same, the amount of tax paid by or on behalf of said-applicant, the date of the Issuing of the liquor tax certificate thereon, the number of the same, th* premises where such business Is to be carried on, and under which subdivision of section eleven said certificate is- issued. Said endorse- ment shall be signed by She said county treasucer, special deputy commissioner of excise, or state commissioner of excise, to Whose office the same Is filed, and suoh endorsement shall be received to evidence tn all courts of this state and shall be competent and sufficient prima facie evi- dence of all th* facts stated thereto, | 5, Section nineteen of said chapter, as amended by ohapter three hundred and twelve of the laws of eighteen hundred and ninety-seven, is hereby amended to read as follows: • I 19. The payment of th* tax and Issu- ing of the tax certificate.—When the pro- visions of sections seventeen and eighteen of this act have been complied with and the application provided for to section seventeen is found to be correct to form, and does not show on the face thereof that the applicant is pVohlblted from traf- ficking to liquor under (ho subdivision of section eleven under which he applies, nor at the place where the trafflo is to be carried on, and the bond required by seo- tlon eighteen is found to be oorreot as to its form and the sureties thereon are ap- proved as sufficient by the county treas- urer, or by th* special deputy commis- sioner of excise. If there b* one, then upon the payment of the taxes levied un- der section eleven of this act the county treasurer of the county, or the special deputy commissioner of excise, if there be one, or if the application be made under subdivision four or five of section eleven of this act, the state commissioner of. excise, shall, at least two days Before the' commencement of (ho period for which the tax ia paid, or. If the period for which the tax is paid has already com- menced, at once, prepare and issue to the person making such application and filing such bond and paying such tax, a liquor tax certlflcat* to the form pro- vided for to this act, unless It shall ap- pear by a certified copy of the statement of the result of an election held on the question of local option, pursuant to sec- tion sixteen of this act, to and for the town where the applicant proposes to trafflo in liquors under the certificate ap- plied for, or by material facts set forth in a certificate under th* hand and seal of the state commissioner of excise, on file to the office of the special deputy com- missioner or county treasurer, that tha liquor tax certificate applied for cannot be lawfully held by the applicant or at the premises mentioned to the application as the place where trafflo to liquors la proposed to be carried on, or unless It shall appear by the report filed pursuant to section thlrty-one-b of this act with the special deputy commissioner of excise or county treasurer to whom the applica- tion is made that such liquor tax certifi- cate cannot be lawfully granted, to which ease the application shall be refused. | 6. Seotlon twenty of said chapter ia hereby amended to read as folows: 5-20. Form of liquor tax certificate.—Tha liquor tax certificates shall be furnished by the state commissioner ot excise to tha several county treasurers, and to the spe- cial deputy commissioners, and shall be lithographed or engraved in a suitable manner, and on durable paper, and of the following form: * No Series of (A suitable device inserted.) Series of STATU OF NBW YORK. Liquor Tax Certificate. Received from the sum of dollars for excise tax on the business of trafficking to liquor under subdivision , of section eleven of the Liquor Tax Law, the busi- ness to be carried on at in the of for the period represented by the coupon or cou pons hereto attached. Sated at It.. Special Deputy Commissioner for the -< of .... or County Treasurer of County. Severe penalties are imposed for neglect *r refusal to place and keep this certifi- cate conspicuously to your place of busi- ness properly framed, as provided, by the .liquor tax law. (See section 21.) Attached thereto on the left as a part thereof shall be twelve coupons, one for each month of the tax year. On the one oh the extreme left shall be printed: \Coupon for liquor tax certificate, Oc- tober, 19....,\ and each coupon shall be similarly printed except as to the. month. The liquor tax certificate to be issued upon the-payment of the «xclse tax under section eleven of this *••». for trafflo In Uquor between the first day of Kay, mine- teen hundred and eight and the thirtieth day of September, nineteen hundred and eight, inclusive, shall be in the sain* form, except that not soore than five *bu- pons shall be attached thereto, eae for. each month of such psriod. A tax certificate similar to form\ shall ke issued by th* stat* o*mmlssion*r of txclse to those applying under subdivi- iiott four of section *l*vea *f this act J 7. This act shall tak* *ff*dt lmmedi- 'tteljv '••-•• \ - : State of New^Yorfc,-OiBc* of th* Secre- tary of Staters.; /fiejfeb?,eerW..?*ier\B*- «ffi* \a a correct transcript therefrom and *f th* wool* *f said oryrisailaw, ,';.-:'- JOHN, S. WHAXXH-. •' • ' • '•-:,''. Secretary *f Stat*. LAWS OF NEW YORK-By Authority. [Every law, unless a different elm* •ban be prescribed therein, Shan hot take ef- fect until the twentieth day after i t shall have becom* a law. Section 4J. artiele XL •hepter g. General Laws-J . • , - ^ • C9BIAP.\ |A» Alt ACT t o amend the oca* *f civil pro- cedure, to relation to exemptions and executions. , Became a law, April M, 1108, with th* approval of th* Oovernor. Passed, three- fifths being present. Th* People of the Stat* at Haw X*rk, represented to Senate and Assembly, d* •hact as follows: Section X Section tMrtoe* hsadred and alnety-on* of tha oode of etvU procedure Is hereby amended to read as follows: 1189L In addition to th* •x*cmti*n«. al- lowed by the last station, nesotsary household ftwrutur*, worktns; tools and team, prof***ienal mstvument*, furaitur* and library, not exceeding la valu* two hundred and fifty dollars, together with the necessary food for the teats, for nine- ty days, are- exempt from levy aad sale by 'Virtue of an execution, when owned by a person, being a householder, or hav- ing a family for which he provides, ex- cept where tha execution is Issued upon a judgment, recovered wholly upon one or mora demands, either tor work per- formed in the family as a domestic or for the purchase money, of on* or more ar- ticles, exempt as prescribed to this or the* last section. Where a judgment has been recovered and where an execution Issued upon said judgment has been re- turned Wholly or partly unsatisfied, ana where any wages, debts, earnings, salary, tnoome from trust funds or profits ar* due aad owing to the judgment debtor or shall thereafter become due aad owing to him, to the amount of twelve dollars or more per week, and where no execu- tion issued as hereafter provided for In this section i s unsatisfied and outstanding against said judgment debtor, the judg- ment creditor may apply to the court in which said judgment' was recovered or the court having jurisdiction of the same Without notice to the judgment debtor and upon satisfactory proof of such facts by affidavits or otherwise, the court. If a court not of record, a judge or justice thereof, must issue or if a court of rec- ord, a judge or justice, must grant an or- der directing that an execution Issue against th* wages, debt, earnings, salary,\ Income from trust funds or profits of said judgment debtor, and on presentation of such execution by the officer to whom de- livered for collection to the person or per- sons from whom such wages, debts, earn- ings, salary. Income from trust funds or profits are duo and owing, or may there- after become due and owing to the judg- ment debtor, said execution shall become a lien and a continuing levy upon the wages, earnings, debts, salary, income from trust funds or profits due or to be- come due, to said judgment debtor to the amount specified thereto which shall not exceed ten per centum thereof, and said levy shall be a continuing levy until s&ld execution and the expenses thereof are fully satisfied and paid or until modified as hereinafter provided. It shall be th* duty ef any person or corporation, mu- nicipal or otherwise, to whom said exe- cution shall be presented, and who shall at such time be indebted to the judgment debtor named In such execution, or who shall become Indebted to such judgment debtor in the future, and while said exe- cution shall remain a lien upon said in- debtedness to pay over to the officer pre- senting the same, such amount of suoh Indebtedness as suoh execution shall pre- scribe until said execution shall be whol- ly satisfied and such payment shall be a bar to any action therefor by any suoh judgment debtor. If such person or cor- poration, municipal or otherwise, to whom said execution shall be presented shall fail, or refuse to pay over to said officer presenting said exeoution, the percentage Of said Indebtedness, he shall be liable to an action therefor by the judgment cred- itor named in such execution, and the amount so recovered by such judgment creditor shall be applied* towards the pay- ment of said execution. Either party may apply at any time to the court from which such execution shall Issue, or to any judge or Justice issuing the same, or to the county judge of th* county, and to any county where ther* is no county judge, to any JusStee of the city court upon such notice to the other party as such court, judge, or justice shall dlrvot for a modification of said execution, and upon such hearing the said court, judg* or justice may make such modification of said execution as shall be deemed just, and suoh execution as so modified shall continue in full force and effect until fully paid and satisfied, or until further modi- fied as herein provided. 5 z. This act shah take effect September first, nineteen hundred and eight State of New York, Office of th* Secre- tary of State, ss.: I have compared the preceding with th* original law en file in this office, and do hereby certify that the same is a correct transcript therefrom and ef th* whol* of said original law. J«HN S. WHALBN, Seoratary *f Stat*. tAWS OF N£W YORK—By Authority. IBvery law, unless a different tint* shall fee presarlbed therein, shall not tak* ef- fect until th* twentieth day after it shall hav* becom* a law. Seotlon 48, artiele EL a*apt*r «, General Laws.] CHAP. M8. AN ACT to provide for the eelehrattesi ol the tercentenary of the discovery of Lak* -Champlaln, the appointment *f a cqmmlssiOB, prescribing its power* and duties 'and making an appropriation therefor. Became a law, April 22; UN, with th* approval of the Governor. Passed, thr**- flfths being present The People of the Stat* et .New Torsi represented in Senate and Assembly, d* enact as follows: '•' Section t-The governor shall appoint fiv* dttxehs of this state, the president pro tempore of the senate shall appoint three members of the senate, and: th* speaker of the assembly shall appoint thre* members of th* assembly, who shall constitute ^arid be known as th* Lake \Chiroplain\ tercentenary commission. The members-Of such commission shall serv* without pay but shall receive their actual and necessary traveling and other ex- penses, in the performance ot their *J1- oial dut!*s.> IJt. The object of suck ooinmlssiea shall be t * plan-aad conduct a publlo celebra- tion of the tercentenary of th* discovery of Lake Champlain by Samuel Champlato I have t»mpawd*the preoedini with ih» i n '-*&£;#***» *i~3d». sixteen hundred orjetejU. jfofejan. file in. this dfflce,.ahd do *%** \!»** \ ' OllCt4llOftt#to^*a*w*>**^**^*****W**. >»**>»***•** •***»e ,| e**fs^ •>•**•<*•••••• ^•^•^•)«^»e^«n*«r^tHk»jte«Me*ea*a pftM « .a^M^^Ma^lr* S>^ •>•«>* . *«< #. »• jaarfU.** A£* *W >?>&»>itt»***! JJepufcri *§m* : bwesaf J* hereby siven •$» the tsaoafer' o* tin* liquor tax •*,**1|**4t1*~l»WfcM**f*(.IMIiMbfVt». •*a«4«'M^'i»»ii^*-.ik»»««*»t>-«»»b«. County Tresstnw o r S* IJepury oomaUHoner. 3**'- *e*s3o-i* _, , ted to b* csKieg-Sa- uoSer this yrUflsateleherebytraaafatrt .'IWJWtpWf*****'\***********!** Ooustyvrressuter or Special ' PepBlrOs—iiilsS'sm ..' ; *Jj*tn*nhrhv liquor* permit. tea,to-be «uri«^au»5er8iJ* gerjjatieffriierebr taaagferrea jrees«. ..—•........ ^. ».*••.. .••»••••. *0.*«.«*»*«»»»«»!!«»».*.»*»«»*,i*l«1*,|»,' -, *-«**«2J &£& TO* certificate oca bs ttase- fttred oaly to .* fiao* la the fii> ' scan* oris*. Stll*?mlci.| No, sxtactor.aiN, SttATE 00 l«?W\^pKK. LiQiroit BECEnrEDrfrosi. .ttesaawreC Ji*ttai*.s**iW.«»a*»*a**»; ea the boalaese eftrsjQ&bYU !Jfo»*Y**4er MKttWie^^ \cf tb» IJijwsr.TaxXaw.^tlw kaslaass to • * : ^\**** r **\**''.' : \. .. '•.•'.'\' ht'/jthe i /' j,ij'..fnii'n- o_f.i~ I'ln'jn.-iiiii •>ii»iiwler>ihe',|Birs»d-'ieyi»jse»jiis|]*f : ;*h»o*upwH*r:»oapens heretosMertis* '','':'.,.; V •:•'.'>''. S ;'. /U. .-.:. Petes***; :•,.,- ,„ ,',*',.,-,' •„'•;,,'., ''j,-.- -,V .,.. 38&_^ --c^eJ^putJ>-<^«a!£i!tleiw.^JlH- je*. tOr;<t*}uhiy, .feeasurerlat^. ..County), 1 .' '-:,.'-, - StateofcKew.Voi*.- rerm rtstaraa **»JstMM* «•«• a*t»et «t trt***! t» i*M*ate «•*» \•-•umBissr enrplcsCTiljtt»jetrjfasj-ef »«il»*a ) u»tw»»i>7tteIHsertsxtoir. <S.***j.tl.) *1\ ?\ I -1 !' | %. Such commission shaH organise by •lectins a chairman, secretary, treasurer «nd suoh other officer* a* it may deem necessary; and may adopt such rules and regulations as It may deem proper for •orrylng Into effect the according to tSe last preceding stats or United States census of eighteen hundred thousand or over, and must equal at least seven and one-half per centum of its ag- gregate deposits if its piinctpa! place «uryin g into eseet the purposes for [business is located In any borough ir «»lcn^It is created, and shaU have power ' any city in the state which borough had *2.»£ n ^ r negotiations and co-operate ' according to the last preceding state or With the slate of Vermont, the govern- I United States census a population of lees .meat of the United States, the Dominion ' than one million and such bank or in- Of Canada and the province of Quebec. I dividual banker does cot maintain a OT either or any of them. Such commis- branch office in any borough having a Slon shall also have the power, either by population according to the last preceding Itself Or to co-operation with the state of j State or United States census of one m: Vermont, the government of th* United uon or over, and must equal at least five .-„ «„ *^ , - _ Bnd oj^.najf pe r cemum o f ,, 8 & g gTes& . e deposits, if Its principal place of business Is located elsewhere In the s-ate. provid- ed, however, that on and after February first, nineteen hundred and nin<= the en- tire amount of such pan of said reserve must be at all times maintained and kept on hand as above required State of New York. Office of the Secre- tary of State, ss . I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the wr.ole o' said original law. JOHN S WHALEN, Secretary of Stat*. States, the Dominion of Canada and the province of Quebec, or any or either of i them, to erect * suitable permanent me- morial to the said Samuel Champlain, In •(he valley of Lake Champlain. Such commission may also appoint committees from its members and may employ such assistants as It may deem necessary, fix their compensation and define their pow- ers and duties within th* provisions of •thy appropriation mad* for the commis- sion* 5 4. Moneys appropriated for the com- mission Shall be paid by the treasurer on the Warrant of the comptroller, issued Upoh a requisition signed by the presi- dent and secretary of the commission, ac- companied by an estimate of the ex- - peases for the payment of which the money *o drawn is to be applied, and •*0U0hers for such expenditures shall be Hied with the comptroller, who shall audit • the. same. The commission shall keep an accurate record of all its proceedings and transactions, and shall submit to the jiglslsture of nineteen hundred and ten si. full and complete report thereof. With- in thirty days thereafter the commission •hall make a verified report to the comp- . troller of th* disbursements made by it and return to the treasurer the tinex-, pended balance of any money drawn in pursuance of this aet It shall have no power or authority to contract for the expenditure of any sum in excess of the amount herein appropriated, except such funds as have actually been paid into Its treasury by publlo or private contrlbu- * tion for the erection of a memorial as herein provided, and it shall keep an ac- curate aecount of the receipt and dls- {bursement of such contributions, if any, and include the same in Its report to the legislature. 16. This act shall take effect Immediately. Stat* of New York, Office of th* Secre- tary of State, ss.: I have compared th* preceding with the . original law on file in this office, and do kereby certify that the same Is a correct transcript therefrom and of the whole of •aid original law. JOHN S. WHALBN, Secretary of Stat*. LAWS OF NEW YORK—By Authority. CJlvery law, unless a different time shall be prescribed therein, shall not take ef- fect until the twentieth day after It shall have become a law. Section 43, artiol* II, Ohapter 8, General Laws.] CHAP. 151. \~ AN ACT to amend the banking law. rela- tive to the lawful money reserve of banks and individual bankers. Became a law, April 27, 1308, 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 forty-four of chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two, en- titled \An act in relation to banking cor- porations,\ is hereby amended so as to read as follows: { 44. Lawful money reserve.—Every bank Of individual banker shall at all time* have on hand in lawful money of the United States, gold certificates, silver Certificates, or notes or bills Issued by any lawfully organized national banking association an amount equal to at least twenty-five per centum of the aggregate amount of lt« deposits, exclusive of de- posits Which are secured by outstanding Unmatured bond* Issued by the state of New York, if its principal place of busi- ness is located in any borough in any City of the state which borough accord- ing to the ,last preceding state or United States census had a population of one million eight hundred thousand or over; and an amount equal to at least twenty per centum, if Its principal place of busi- ness is located in any borough, which borough according to the last preceding State or United States census had a pop- ulation of one million or over, and less than one million eight hundred thousand; and an amount equal to at least fifteen per centum of the aggregate amount of Its deposits, exclusive of deposits which are secured by outstanding unmatured bonds issued by the state of New York, If its principal place of business ia lo- cated elsewhere in the state. The amount thus to be kept on hand shall be called Its lawful money reserve. Two-fifths of SUOh lawful money reserve of any bank »r individual banker located in any bor- ough to any city in the state which bor- ough according to the last preceding state or UnrteC States census baa a population •f eighteen hundred thousand or over. One-half of such lawful money reserve of any bank or individual banker located to any borough in any eity of the state which borough according to the last pre- ceding stat* or United States census had a population of less than eighteen hun- dred thousand and which bank or In- dividual banker doeB not maintain a branch office in any borough having a population according to the last preced- ing state or United States census of eighteen hundred thousand or over, and three-fifths of th* lawful money reserve of any bank or Individual banker located elsewhere in the state may consist of moneys on deposit subject to call with any bank or trust company in this state having a capital of at least two hundred thousand dollars and approved by the su- perintendent of banks as a depositary ot lawful money reserve. If the lawful money reserve of any bank or individual hanker shall be less than, the amount re- quired by this section, such bank or hanker shall not Increase its liabilities by making any new loans or discount otherwise than by discounting bills of ex- change payable on sight, or making any dividends from profits until the full amount of its lawful money reserve has been restored. The superintendent of 'bank* may notify any bank or individual '\ 'hahker whose lawful money reserve shall \be below the amount herein required to Ittake good such reserve; and if it shall '-|Tiar-a!** thirty day* thereafter to make . jtOof Inch reserve, such bank or todlvid- .^«%an&*ic: shall be deemed insolvent and ;«faf W^rooeedea against as an Insolvent vmpn^ed' corporation. t?%'fhls M,shaU take effect Immedi- ately excepfclhat prior to July first, ntoer teen hundred *nd eight, that part of such lawful m9iie.y reserve above required to consist of lawful money of the United States, gold certificates, silver certifi- cates* oraotes or bills issued by any law- fhife organised aatloual banking assocla- \ tion'must equal at least seven, and one- hilf per\ centum of the aggregate amount ' Of the deposits of a bank, if its principal place of business is located in any city of the state having a population of eight hundred thba»an4 Or over. a< 1 must equaj at least five per centum of the aggregate amount of Its depoilfe # *** principal place of husiness ia located elsewher* in the state; that,on ana after July first, nineteen hundred and tlfht, that r*rt of the lawful money reserve above i-^ulred - to consist of lawful money of the United States, gold certificates, silver certificates, or notes or bills issued by any lawfully organised national banking association toast equal at least eleven and one-fourth per csnftim of the aggregate amount of th* deposits of a ban*, if its principal plRC*\ ot business or a branch office for tile receipt and payment of deposits is lo- cated iir a Irorough tn any city to the state which borough had according to the fast preceding State or United States cen- sus a populatlos: of eighteen hundred thousand o r ovfer and must equal, at least ten per centum of tee o^gTefatt amount df KB deposits U {if trincjpaj lple.ee of bus'Ttv-is i s in a bftrough in any city, to the slate which borottfrft had according '• ttr the ' last preceding state or ChlteJ ftStes 'cefisas a: population; of more than- \ one -miiBoa and less- than c^hteen .bun-, area thousand and -such hank or 4Sdi?id- ual bmsker 4oes not mejataih * bratieb efflc* i n any horoueh a»vto»A yoptOfcOoh LAWS OF NEW YORK— By Author.ty. [Every law unless a different time shall be prescribed therein shall r.M take ef- fect until the twentieth day after It shall hav© become a law Section 43. article-Ii. chapter 8. General Laws J I CHAP 161 ' AN ACT to amend the bankins law, rela- j tive to the lawful money reserve of trust companies, i Became a law. April 27. 190&. with the I approval of the Governor Passed, three- firths being present- s The People of the State of New York. represented In Senate and Assembly, do enact as follows: Section 1 Section one hundred asd six- ty-four of chapter six hundred and eighty- nine of the laws of eighteen hundred and ninety-two. entitled \An act In relation to banking corporations ' as added b> chapter three hundred and rt irt> seven of the lawB of nineteen hjr.dre.'. and six. Is hereby amended to read as fcl.ows § 164. Lawful money reserve — Every trust company having Its pr'.r.rlpal place of business or a branch office for the re- ceipt and payment of deposits in a bor- ough In any eity in the s'ate which bor- ough had according to the last preceding state or United States cens'is a popula tion of eighteen hundred thousand or ovef Bhall at all times have on hand a reserve fund equal to at least fifteen per centum of the aggregate of Its deposits, exclusive of \moneys held by It In trust, whioh are not made payable under th* conditions of the trust within thirty days and aisc. exclusive of time deposits not payab.e tWthia thirty days represented by cer tincates showing the amount of the de fcoslt. the dat« of is£'i£ a-& A tha &&**> rrhen due and alsc. exclusive of deposits s/hich are secured by outstanding unma- tured bonds Issued by the state of New v ork. The whole of such reserve fund must consist of either lawful money of the United States, gold certificates, silver certificates, or notes or biliS issued by any lawfully organized national banking association. Every trust company having Its principal place of business in a bor- ough in any city in the state which bor- ough had according te ttte last preceding Itate or United States census a population of less than eighteen hundred thousand which does not maintain a branch office in a borough having a population of over eighteen hundred thousand inhabitants according to the last preceding state or United States census, shall at all times have on hand a reserve fund equal to at least fifteen per centum of the aggregate of Its deposits, exclusive of moneys heid by it In trust, which are not made paya- ble under the conditions ot the trust with- in thirty days and al»o exclusive of time deposits not payable within thirty days represented by certificates showing the amount of the deposit, the date of Issue and the date when due and also exclusive of deposits which are secured by out- standing unmatured bonds issued by the state of New York. The whole of such reserve fund may. and at least two-thirds thereof must, consist of either lawfu. money of the United States, gold certlf. cates, silver certificates, or notes or bills Issued by any lawfully organized national hanking association, and the baiar.ee thereof over and above the part consist- ing of lawful money of the United States gold certificates, silver certificates, notes or bills Issued by any lawfully organized national banking association must consist of moneys on deposit subject to call in any bank or trust company in this sta:e having a capital of at least twn hundred thousand dollarB or a capital and surplus of at leaat three hundred thousand Joi- lars. and approved by the super,r.tenJert of banks. Every trust company having its principal place of business eisewhere in this state shall at all times have on hand a reserve fund equal to at least ten per centum of Its aggregate dep-sia ex elusive of moaeys held by it in trust which are not made payable ur.der the conditions of the trust within thirty da>s and also exclusive of time deposits not payable within thirty days represented by certificates showing the amount of de posit, the date of issue at.d the date when due and also exclusive of aepusits which are secured by outstanding unma tured bonds issued by the state of New York. The whole of such last nn-miorH reserve fund may. and at leas; fifty p-r centum thereof must, consist either of lawful money of the United States go i certificates, silver certificates or m-:es ^r bills, issued by any lawfuay org.mized national banking association. and trie t>a anca thereof over and above the part consisting of lawful money of the I r.;«e«. States, gold certificates, silver certificates. notes and bills. Issued by any lewtm.y organized national banking association. must consist of money on deposit subject to call to any bank or trust company - this State having a capital of at hundred thousand dollars or a capita, surplus Of at least three hundred sand dollars and approved by in which preeedll a P'.pu sand o| seven gregate of mnnl not mal the trul elusive! In thlr showin date Its pru ougb ouph h| state tion offl san't mait.- havi:.g| dred the .: cenF- -3.J cen:u- dep.'Sltl In tr .s| der T ty day posits reser.te amo and tii| place the sta after and n!| of sa'dfl taln'- qun.&l State tary < I ha orlglna here^yl transciT said oil eas t 'wo and he- me super ;r .st ;iai is i • LAWJ [Evei be pref feet a have ehapt. AN A(j Uve wu.. Beca approv fifths Tr.» repress; enac Sect!, en of r.:nr • f- b&rul chapteq nine laws ol and ch| of -le tv s:x, I l0W5 5 l' 1 \ era ; bl t m st eel 6ha. con'rail elect preside! such ol The p<f author A va: the bol reg'i'.aif euro the ces| to fll. Uftcatel or whe: oath him. the rot ml*, to | of 8uch trus'ee 1 fleer bfl be imn in'endd served I a resldfl a >ud 1 ave bf re-v \ . cri riod here aft] cf ban makes [ f- of c| Eavjcg trustee I la-n f'-l [ 6 . r r. el ir.c-orpof which ir.tendefl ol of s.th than ttj Such v.z''.y b| denth. runhe greaterfl the afoT of trustt ber desq p.-ise. fo the ard hh t v ereto.fl jon*' pav:-ttsl dlrectoif banking ot a ss] direct irj assoclaij tees of f of anv | enci atlol the sa-j Anv tti' S r-nviiegS shaj. as a tion tt! . cnapterl • 42 TIT i ateiv i State ol larv 1 r.-' ongiral| herebv ' trans* said or Intendent of banks. The amounts to be kept on hand, as above prowdec sr.a. .-e called the lawful money reserve ir me lawful money reserve of any ir-st con. pany Shall be less than the amount re- quired by this section such •» - r \\ r pany shall not increase lis making any new loans or disoour.: wise than by discounting b,.is ~. - Change, payable on sight or muk'-.g a-* dividends Of its profits untl. the r. amount of its lawful money reserve nas, been restored. The B-'P ertn , , - n<J \''' n ° v banks may notify any trust ™rapar,y Whose lawful money reserve shall -e*; lOW the amount hersun required to maive good suon reserve, and U* It shall fail .o. ^ thbjty days thereafter to make go..d sue f>c , ,.„ reserve such trust oompaay sha \ . have b( deemed insolvent, and may be f^«*°™ • chapter against as an insolvent moneyed corpora , \iJLThls act shall tak. ^J\-™^; ' *£***' atftly, except that prior to July first, nine , t**n fauhared and eight, that part of such , ^ lawfUT-inoney reserve above required .o |_AWS| be presj consist of lawful money of the Lulled spore va fifths b<| The repress enact i Sectla ty-two ( nine of | ninety-t to amende .States, gold eertifioates. silver certificate* or fiotes or bills issued by any >**--*'•* o^amaad national banking asso^auon must eauM at least five per centum or ^r*«*&* amount of the depots of a trust company. U its ^ c ^fT^l DUStoMS la located in any city** the state having a population of «^V*. u £ t dr*d thousand or over, and \-^.\\l^ _. least thre* per cntum of the ««£«»» ; ( - amount ofiti deposits, U '\ P™.^ i basiae olao* of busto.» is ^\te^'irS. ' * 0T * L tile *tato- that on and after f ul » Jf 1 \- , erty tn i nineteen hundred and «-•-•-•„- hBt ,^ ° d purposej th* lawful money reserve above ™.™3 et*, or / to consist Of lawful money of -the Lnueo , mereh ^ fitates, ^M^r^^^l'J^nTSuy ospt :«*<• or note* Or bUls issued by any ww . , ^J organized national banking g^f^ f , *%**-* mast equal at least ten per ««£££ % 'hess: .- the aggregate amount of tno deposl^ or ^. •^^rStOPWyv•-<^^*V^ fl ^ B 3.••• upon thl held: by it to trust, which are f »**££ •cancer f payable under the conditions of the trust ^ J Wiihln. thirty days and . ateo Jf^™* \ «*ee «j time deposits not payable ^^%Z%Z ' me t*f K ^presented -*J**&?g t g£°& \ »W| the amount cf ^^'X 0 , paie^f dipssstffi
