{ title: 'The Malone palladium. (Malone, N.Y.) 1863-1909, August 06, 1908, Page 5, Image 5', 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/sn83031566/1908-08-06/ed-1/seq-5/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn83031566/1908-08-06/ed-1/seq-5.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn83031566/1908-08-06/ed-1/seq-5/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn83031566/1908-08-06/ed-1/seq-5/ocr.txt', label: 'text/plain', meta: '', }, ] }
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M: hf ' \ m '••:!!•• h I*-'-, STATE IA.-WS HO. »* i ^ ••w(wynjwi^w|wiini'••••*••• y ' i*WS OF NjEW YORK—By Authority. IKvery Star, unless * different time shall to prescribed- therein, ahaJjL apt take. -*f- fe^.uatft the twentieth =foy otter Itxahai;' «h*pter 8, «*merilt4*»^ •\ .' *'t •- leustreet tfc the et# of Rochester, juftd mitWnitrMi ^psiropiiitr^th^fot. . ;• Became a law. May '& p&*wtib |S» approval of the Gk>verne*., J^sed^threa* fifth* being present. ;-, '\/.-. Jbfioept«d by the CtJty* ' -•TheIPecju-e -dtJ^i'#^e v M'.ii^w.*W*,' tepreaentea in.' Seattcanav^erabiy^ao • *n**'**.t»lI6w**- ; ,;,, rf^^^T ':\ »Crk* I* hereby authbrlxea to •6rtost«Siciia.- •uitabie itilr bridge over the -Ej3e- cans* It Allen street In the city ef ftocSettei. to take ther plac* of tie atructuro rjow exttt- tog at said potot; ^cb^ew bridge'tobe\ constructed %*accotdan^c*%^ffl ^ipmiaisd apecificatioaa to be propa^erj^y gift s&tfe engineer and siwVeybr. '--ujjim the -^hinie* tkw.of such new bridge, ttw cost \at''fmfc* sttragfhe same k*mi>J &?Oh$ik$$ Vpan : the city bf Rochester. ,' . -\ .2 V • \ - : •|«; rcr the purpose; o f canartnl bat the »rnvislon«-of this act the sura.et fifty thousand dollars is hereby appropriated put 0* any moneys In, the.treasttor not otherwise appropriated, Jo be 'payable fp the enperJntendent of 'public works by the treasurer on the warrant .of the comp- troller. •'\-..' -;•\-•-\ \ I &. Thi*. act shall take teffect ; Iromedj- - ately. ,•\/'.- /> - *' • C • f r+ State of «ew York, Office of the.'seore- tary of state, ss.: •' : \4* -k '-'»**' * I nave compared the prerfdlnX wttlj Ow original law; on file lri this.office, and do nerahy certify that the .*ame la a^ correct transcript .therefrom and of the,whole : M •aid original law. JOHN S. WjlAW&N. •, ' Secretajry, of' State-' UM$ OF NEW r YiRK^4 Mthori4 .JPBvery law, Ernies* a different «hw ablti tie prescribed therein, shall not take ef- fect until the twentieth day afterntJnall Iiave become a law. jSeoabn.43, arttole %$. chapter 8, GeneratTSa.wa.3i , •. . CHAF.„2?S. * . ;' •1*1* ACT t * amend thfe tax lym in reW- tton to-tt» «tescrlpt%n of speclail frafl- ehises, - ' -.•>\•.»: . >: Became a law; May 18, 1908, with the > approval of the Governbf. Passed, 'tbree'- ' efths being present. The People; of the State of »few\Tbrk represented In Senate and AsseniWy. do ejaaot as follows: Section 1. Subdivision four/ of section two o?«hapter nine huridi»d*and eight of the Iawa-pT eighteen hundred and nSiiefcr- •elXt, entitled \An act in Telatlon ta taaca- tion^'constltntlns db*pte^'•^^nty*four• , of . the' general laws,\ *s> a4a»d'oy «Kaptir font-hundreds and ninety* eftae: laws of nineteen hundred ana one, arid anienaed by chapter seven hundred sand, twenty of the laws of nineteen hundred and seven, te hereby iaaiended to re*d' as i oflowat 4. The term special franchise shall not lie deemed to include the crossing of a atreet? highway ox pnbUc place outride the limits.of a city or.incorporated vilr •lage whereeach crossing iajeas^han two hundred and fif^ teei ta length, /unless such crossing be the coatinuatlon of an occupancy of another street, highway or public place. This subdivision shali not fcpply to any elevated raHrfflRlu §2. This act sball take reflect immedi- ately. ' s : Is\\ -; '- .'•-•' .*-' State of New, York. Office of the Secre- tary of State, as.: -\ I have compared the preceding with the original law on file in 8tfs, offlCQ, and do hereby certify that the wsmejjp^mrreet transcript therefrom and of the whole iif «aid original law.. . ' • x ' '< ' • JOHN S. WBAIiEN, .J Secretary o f Swje. .'•••\ CBEAP. m ' \•- BkN ACT to amend the code of dvfl pro- cedure. In reference to the compensation of stenographers in the supreme -court in the county of Kings. * ' . Became a law, May is, 4808; with the approval of the Governor. -TRslsed. three- fifths being present. .>., ;Tne People of the State Of New Torle, represented In Senate and.Assembly, do enact as follows: ' t Section 1. Section two hupdred ana flf- ty-lou* of the code of civil procedure, is hereby amended t o read as follows: . % St Stenographers in Kings county>- The justices of the supreme court, restd- Jns in the county of Kings, or a majority of them, may appoint and may at pleas- ure remove, sixteen stenographers who shall severally attend, as directed-by the respective justices appotaiihg then, the terms of the appellate division and trial and special terms of the supreme court. in the county of Kings and shall each re- ceive an annual salary to be fixed by said justices and the expense thereof shall be raised with the annual tax levy as a county charge. § 2. This act shall fci&e effect (September first, nineteen hundred an&-eight Btate of New York, OfBc* or title. Secre- tary of State, ss.: •\ T 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 6f the *hole of said original law. •'.-- ' JOHN a ^rBAiam, • Secretary- ofSfets.'' W wvmx, _•». jfct 'wiipisfBSD^, Avetm <«» • tpos. -m*. S\ represented in Senate and Assembly,. «• I BtMe of Kew Tort, OflWe et the Secret enact as foJ?ow»: ' '• j , ,tsry of State, •*.: />-. Section C Section, two hundred and six J-,. \X fcave cpmipaffd tnejpirecedlng with, the t •«»' known to be T «w thmtt. \•person\'' do\ of rhapter four hundred an4 fo»rteeh. of f original law, on Ju> in ttjie offlce. ami do inorlhcrt in mid Who e4r<vt!ti»(3 yve forego =• ,vi , i. ...v. *.._.,..-J.-_J _ii...„ ,K.V __.,. ...... ... j .._. ,_. ijng : eg rt j fle ^ t ^ 'end th^y eev'erally; duly he »ecr^<. fWf' with. *he 1;«»' 1 ,.,i.^..i, *efore me^^ persbnau> cam* J $. t A h^hway wlthjn, the prpvlsWni of '\jill\\ '-'•*'?• .*\*.J.' tB . <, 1 c '- n >? n o .05' : thfa .chnpjcr aha\; be dQemed, lu include -nnwn .t« .••(•. T rti« «f.wirf. «ir»o„ X*. oocessarj ciilyertfl. : sluices;'draiii«i dllche». the laws: of eighteen hundred ond ninety-\ j feqreby certifj tnat the ijwi'H't correct, seven, entitled \Aj* act In njlaUon to vllv . transcript therefrom and of ttte whole of Uigesi cohsMtUtttf chs-Pter twenty-one, of said orlglnallfcw. >,; , the general Ijiw*,\ as #njended by chap- ter- six hundred and forte tflve of the laws of nineteen hundred; and four, Is hereby amended to read as f$lbws: I 2fe Council of .fire departmehtw^-In a village In which separate nre commission- ers are not appointed, the chief engineer^ the assistant engineers and, the: wirdens\ of the several companies constitute. the council of the Are department The coun- cil shall meet on the third Tuesday Iq April to each; year and choose Jrom !<« own number a secretary,'a treasurer and : a -collector of; the lire department, Who shall hold their respective offices for one yeir unless sooner removed by the coun- cil. A vacancy to the office of qecretikryi -treasurer or coUeoJor .shall tte filled by the council' at its next meeting for. tge batarice ; bf/thte ', unexpired term,: juch council shall hayc ail the powers s,»4 be subject to all; the liabilities' and perform all -the duties of a separate board of fire commissioners,, M. prescribed .in Section two hundred Of thUI chapter, excent; sub- divisions two, three, four and eight and the fixing 'of compensation under 'subdi- visions live^ and,'seven of such; section, and as to the provisions of such subdivi- sions such council' shall only recommend to the board' of trustees of the village. -A majority of the members of such, council constitute .a quorumAand may make and prescribe by-laWS for the proper'-rnisa-. agement of the affairs and the disposi- tion of the funds of the fire department, may call meetings of the members, and designate one or more days in each year for public exercise, Inspection, and re- view. ; JQHN S. -W?taJUEN V Secretary of 8tat«. - •.in' \> 'i' '* -', ,''., OF H&W YORK—By Au*Hor%. rEvery law, unleM a dlff«ren't time shall i be prescrib'Bd therein, nhall not take ef- fect until th* twentieth day after it snaU have becoptte a law.\ Section A article It. Chapter*, General £<aws.j - ,'.' i ,'...' CHAP. 321. -'•'• «.'* ' AN ACT to amend the tax law, in rela- tion to taxable transfers. 'Became a law. May 18. 1S06. with the approval of. the Governor. Passed, three- fifths being present '..'•\ ,;Th« People of the ^StkCe -bf New York- ropresenfed in Senate; arid 'AssemblyV do Jna,et.**'tollowsii ;'\;:-*«' -, •: « '•--'-, -• Seotlbn, 1 Section tif-b-hundred and twentj\-nlne of article; tin of chapter nine hundred and eight ef'thffTsiws of eighp* een .hundred and; ninety-st*, enUtleid *»*n' •Ct In relation to taxattdn, constituting i after suCb company his been\•' dlsbapded chapter ^twenty-fbur- of th%,4enerai laws,\ as amended by. •chapter^vev hundred and sixty-seven of the laws pi- nineteen huh- dlred and six, is hereby amended to read as follows: ' ••':.•.•* , |2». Appointment of appraisers, stenog- raphers, et cetera.—The State comptroller shall appoint and may at pleasure remove nbt to exceed «lxy persons In the county of New York; two persona In, the county of Kings, and one person,in the counUes of .Albany, Dutchess, Erie,- Mohrop, Nas- saiV-Onelda. Onondsga, Orange, QUeens, fiensselaer, Richmond, Suffolk and West- chester, to act as appraisers-~ therein. The appraisers so appointed shall receive an annual ialary to befi.Jted'by the-«tftte- |2. This act shall take effect immedl- j comptroller together wiU^.- their actual ately. [and necessary traveling•-• expenses and State of New York, Ofllce of-the Secre- I witness fees, as hereinafter prbvtded, tary of State, ss.; X have compared the preceding with the original law on file In this offlce, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN S. WHAiEN* Secretary of State. LAWS OF NEW.YQSrtK-s-SyAuthority, tEvery law. unless 4 different amis shall be prescribed therein, shall pot take, ef- fect until the twentieth day after it j&nall have become a law. SectibW *fc aJtteje, II, chapter 8, General Laws.)•'.'•\•'\ V; AN ACT to amend chapter four hnsdred and fourteen of the law* of elshteen hundred and ninety-seven, entitled \An act in relation to Jviilages, conslKutjng chapter twenty ^one of t|iei»net*ttrTftW5s,' ? relative to marking telephone,: felegr»|»h, electric light and electric POWier poles. Became a law. IVIay 0, #», WltS the approval of the Qoverxipr„ Jr%(ief,.*}«w* fifths being present, ' >,' '• ,-<•«' The People of the State, of 'NeW -Yo^t,, represented In Senate an* A*settSt»&'. do- enact as follows: \ . ; •.-.- -,.' Secrfon 1 Section eighty-eight of chapr ter four hundred and Jourteett St- the laws of eighteen hundred and ninety-seven, fn- titled \An act in relation to villages, con- stituting chapter twenty-bite « *«' f^n-r era! laws,\ is hereby amended &$» adding at the end thereof, a hiiwJsubdlylalon to- be subdivision twenty-six thereof, to-read* es follows: .• '• . 2S- Marking of poles.—«ay req,ulri glf telephone, telegraph, electoc Hg^t and- electric power poles whera\ the same are located upon a public highway Within the limits of said village, to b* nwrked witb the name or initials bf tile owner or\ owners of the polee, in such distinct and tegible, letters and characters, and IB such manner as they may 1 prescribe. -', § 2. This act shatt take *ffect,May first, nineteen hunared; and eight - Btate of New Tbrk, OfllCe bf the Secte- tary of State., ss.\- /•.•'.' 1 have compared the preceding with the original law on ffle in this. Office, and do hereby certify that the same ts,^ correct transcript therefrom and of the whole' jbf , said original law. \ •' JOHN S. WHAU3N. • • - - • _ ' Secretary pi S{ate< XAWS OF NEW YOBW—By At^tiiorlty. ^ fEyer>- law,, unless a, aifffrtnt' tim? sh!).ll ^k^pTPsc-rtbetT tb^reto.. aftaJi' rial' t&k« fit-. ^yMrtil tft« t^i-fitKth. day ttft&r It slwi* ™*-^6m'f a law, Si'ft'ioH 4$ article ft If Oec-sral I.a.wp.} ; ChUV. %X . |*> amond tbe viiTag-« law, in r*** jfX\ coatifll vf tire dfpartm\nt.' ^J*w, SUiy i\ I;**, with tfio p.* G5rc.*»csr. Paswu, throe* 1'K'fient. |of the $tot*'pj SSew XotK LAWS OF NEW YQRK-^By Authority. [Every law, unless a different time shall bo prescribed therein, shall not take ef- fect until the twentieth day after It Shall have become a law. Section 43, article H, chapter 8, General Ijrtws.} \CHAP. »o9. AN ACT to amend the code of civil, pro- cedure, in relation'to the municipal court bf the city of Rochester, and ap- peals therefrom. Became a law. May 12, 19061, with the approval of the Governor. Passed, three- fifths being present. The People of the State of NeW York, represented In Senate and Assembly, do enact as follows: -s Section X. Section three thousand two hundred and twenty-seven of the code of civil procedure as amehded by chapter seven hundred and flf ^-\tpuir of the laws of nineteen hundred'andTseven is hereby amended to read as follows: f 3227. Appeals may be taken to the county court of Mbhiwe county from judgment* and order* olf the /municipal court of the CJty ;of Bbehestep end from orders of the jn$gea'ih«r«p£ as nr<iV,ided to articles one aid tiro: of tltieS-ejH|ttt of chapter' nfy*t^'&m*;$&::}m 'ffikiph TtiMlotm therep?; 'except ^*ct|b]n r «h»!»Jhoui oand sixty-three, tapn|y to snch •*ppea.fl», except as herein exprejsely modified. The • appeal mast be hjird; p^^hf#tnm. o|* certified or stiptu»eed *opy thereof, ^and may be brought on for hearing in the county court in the same manner add on the same notice as motions are or may | be. brought on .for hearing In, saitL court, or may he put on -the calendar of said court as provided in sjsction three thou* sand sixty-two. of this act . An appellant may apply to the cduhty court to open a default as provided infection three thou- sand sixty-four of this act, which appli- cation may be heard without the return unless otherwise ordered ,by the court; and an appellant may apply upon, affi- davits and the return to said court for a new trial or hearing upon the ground of. newly discovered evidence; the court In either case may stay any or ail proceed- ings under the judgment or order ap- pealed from upon such terms as It deems proper, and may grant a hew trial or hearing a s hereinafter, provided upon such terms as it deems proper. The county court and other appellate courts on such appeals must render judgment according to the justice of the case, without regard to technical errors or detects which do not affect the merits, and may .affirm or reverse, wholly of partly, or modify, the judgment or order appealed from for er- rors of. law or of fact or because the judgment is exceslve or insufficient or contrary to the evidence' or •contrary to law, and may* if necessary or proper,: grant a new trial or hearing In the mu- nicipal court of the City of Bbchester.. or before a judge thereof, as may be proper, at. a time designated by it, and thereupon the municipal court or judge must pro- ceed, and adjournments may be granted; a jury trial: demanded, and all other pro- ceedings taken as if the action or pro- ceeding bad been commenced anew. A copy of>the Judgment or order granting; a new trial or hearing must he served by the party entering it on-tbe opposite par* ty or his attorney at least .two days be- fore the time set. for. the new triat-br hearing; When a new trial or hearing is granted the appellate court may to -its*' discretion award costs: of the appeal to either-party absolutely or to abife th* event. ' - • J £ This act shall take effect September first, nineteen hundred and eight State of New York, Office of the Secre- - taryof8tate.es .: •-. I have compared the. preceding with the original law on file in this office, and do heteby certify that the same Is a correct transcript therefrom and of the whole of said original law. • ;. • ••': -;•„. JOHN S,- WHAMSN, • .'•..., ;•:'•• Secretary of State; payable monthly by the state comptroller out of any funds in his hands or custody Oft account of transfer ttic. The salaries of each of the appraisers so appointed shall not exceed the following amounts: i lit New York county, four thousand dol- lars; in Kings county, four thousand dol- lars; in Krie county, three \thqjusana dol* lars: in Westchester and Albany counties, twenty-five hundred dollars; in Nassau cduhty. two thousand dollars; in Queens, Monroe and Onondaga counties, one. thou- sand five hundred dollars; In Dutchess, Oneida, Orange, Rensselaer, Richmond and Suffolk counties, one thousand dol- lars. Each of the said 'appraisers Shall file- with the state comptroller his oath of office and his official bond in the penal sum of not less than one thousand dol- lars, in the discretion of the state comp- troller, conditioned for the faithful, per- foinance of his duties as such appraiser, widen bond shall be approved by the at- torney-general, and the state comptroller. The state comptroller shall retain out of any funds in his hands an account of said-tax the following amounts: First, a sum sufficient to provide the appraisers of New York county* With five stenogra- phers, four clerks an'd' an examiner of values of Kings county with two stenog- raphers, and of Erie county with one clerk, appointed by the state comptroller, whose salary\ shall hot exceed' fifteen hundred dollars a yea? each.- Second, a sum to be used In defraying the expenses for office rent stationery, postage, proc- ess servlngr-et cetera, necessarily Incur- red In the appraisal of estates, not ex- ceeding tea thousand, five hundred dol- lars a-year in New .York county; and one thousand five hundred dollars a -year In -Ktnge---county* •'* * : ' \ /• '-•• * '...-- ^fc'Thls-act shall take effect Immedi- ately. - , \ State of New YoTje?. Offloe.or *fhe Secre- tary of St te, se.: I have compared the preceding with the original law on file in this office, and to hereby certify that the sama i s a correct transcript therefrom and of the whole of said original law. f JOHNxS. WHAfcKN, j Secretary bf State. 'scknowledged to ,me that 'they executed Jlhe earn* \and the '«»!#\. '.'....'.'., .„:. -being by te>^ duly-? swohi;' deposes and say*.' that.'-be I s -..,-%,^-.••••\...';'..4. 'Of ithe\ company afbresaid ahff is theeUstbaian 6f the record*of itsi rhemberSMp andrthat the tacts itbo**, stated • relating to -thi; service and residence of the percoh de- scribed in inch certificate are true. . Notary Public, . ' Such certificate so Tattested shall In all tourts of the state *hd in the offices of all persons clothed with power of ap- pointment or removal 1 in, the -iservica of this state and In the seyeraj cities, co»h- illes*^towhs-ajnd-vliiages thereof,'he pre- sumptive evidence of; the .facts' therein Stated.- , .-' • -\-- ! <:.; ,-' \. *•;. ''\' i;} 4. In. case o* a-company disbanded by the organisation of a piaid; .department \Itf lieu thereof; the, officers of every vbltin? •teerfire.' engine., hoso and hook and lad- der company sluiU within ninety, days LAWS OFSNEW YORK—-By Authority. (j$very 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, article H. chapter 8, General X^.ws.J CHAP\. S2§* AN ACT defining, the qualifications of ex- empt volunteer firemen ana providing for certificates of exemption. Became a lajw. May 19; 1308. with the. approval of the Governor. Passed, three- fifths being present* - \ The People bf the State bf New York, represented la Senate and Assembly, do enact as follows: .,?'•'•• Section t An exempt volunteer fireman Is hereby declared to be ; a ptirson. who as a member of a volunteer \fire company duly organised under the l#ws of , the state ot New York shall have at any time after attaining theP agb, of eighteen years falthfuliy actually performed serv- ice In the p.otectioh ot life and .property fromt fire within the territory immediate- ly protected by.,the company of ^vhich he; is a member'and while a bona fide resi- dent and, if of full age, an elector there- in \for a period: at five consecutive years, or. if, such company shall have been sooner disbanded upon the orgapixatioh of avpaid fire department, tot* perfedpf at least one year and shall nlso hav%. been via member of such volunteer fire compiahy at the time, it shall: have \been disbanded: but she hjhttation of ppe year's service shall not apply 'to a. yblun*. teer firenian who Was a member df o fire company which was • disbanded prior tb file to the ofliceof tiia clerk x>t the Coun- ty in which said company was located a list containing the name of every -person * Who was a member of such volunteer cempahy and who. is entitled tb the ex- ehiption t certificate ha -accordance with the provisions of'thi* act Upon sUch list betog filed the counl^'blerK of the. county In which such, company operated shall Sign and- deliver the,exemption certificate provided-for to thfil act to the person entitled thereto whoa* name appears upon \ a list' filed with him as aforesaid, but e same shall, nevertheless, be attested the secretary or-clerk'-dr other person vlhg the ousted.?' of the membership jofds or the disbanded company and in e manner specified to this act 5. No person who became a. member a volunteer flue 1 , organisation within e state since the first\ day,of January nineteen hundred and two. or who shall have thereafter become such member who shall not possess the qualifications prescribed by this act shall be entitled to aiiy of the exemptions and privileges se- cured to vo'unteef'firemen by the civil service Jaw of this state; | 6. All acts and p^rts-bf acta inconsist- ent herewith are hereby repealed. 4 7. This act.snaU; take effect immedl- atply. ,.\- State of New Yorjfe Office oljth* Secre- tary of State, ss,: , I have oomparedfthe preceding with the original law On-file^ In-this offlce. and db hexeby certify that tbe same is a correct transcript therefrom and of the whole of said original law. . JOHN S. WHAXJ3N. . Secretary of Stats., LAWS OF NEW'YORK—By Autnorltyi (Every laW. unless a different time shall be prescribed therein,^aball not- take ef- fect until th- twentieth day after- it shall have become a law. Section 43, article H, Chapter 8, General Laws3 CH^3& AN ACT to amend the poor law. In rela- tion to the burial of soldiers, sailors or , marines and their wives or widows. Became a law. May 19. 1903. with the- approval of the Governor. Passed, three- fifths being present. The Poop? of the State of New. York, represented. In Senate and Assembly, do enacuas jtoiJcws: Section i Section eighty-three of chap- ter two hundred and twenty-five of the laws °f eighteen hundred and ninety-six, entitled \An act In relation to \the podr, cbpstitu^tihg^ehapter tw^at$*fp»|Bj» > o,f th«, general - laws,\ a|E>«^iuided by chaptei 1 twepty-iouft*f«tne- law* < «f f hineteen , tiun- Ored and chapter nlhetysn^ of the laws of nineteen hundred and three. Is hereby amended to read as follows? , I SS. Burial of soldiers,- sailors or ma- t^esV The .hoard of supervibors in- each bf the counties shall designate some prop- er person or. authority, other than that designated.'fbr the care of poor persons, or the custody of criminals.,-who- shall cause to be interred the body\ of any hon- orably discharged soldier, sailor or ma- rine, who has served In the military or naval service of the United States, or the body-of the wife or widow of any sol- dier,, sailor or marine, married to him previous tb eighteen hundred and-ninety. Who shall die sucK widow, and who-shall hereafter die without leaving sufficient means to defray his or her funeral ex- penses, but such expenses shall in no case exceed fifty dollars. If the deceased has relatives or_ friends who - desire to conduct the.'burial, but are unable or un- willing to pay the charge therefor, such sum snail he paid by the county treas- urer, upon due proof of the claim,, and of the death, and burial of the soldier, sailor or*marine; or Of the wife or Widow of such soldier. Sailor or marine to the per- son so conducting such burial; Such in* terment shall not be made in the ceme- tery\ or' cemetery plot used, : exclusively for the burial bf poor persons deceased. |2. This act shall take effect InimeaV ^ately. '-\-.- atate of New York, Office bf the Secre- tary of State, SB.: • ' \• I have compared the preceding with* the original law oh file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole bf' said original law. JOHN S, WHAi^!N r > Secretary of State. LAWS OF NEW YORK*-By Authority. ffivery law.unlessa dlfferent^lmeahall be prescribed' therein, shall nbt take ef- fect until the twentieth day after' it\ snaa- have become a*3a*: >Section 48, article- H, chapters. General liaws-J CHAP. SIS;.' ''\•! \ -' AN ACT to amend the lien law. relative i to the Uenof bailees of motor vehicles. Became a taw, May IS. 1908, with the approval of the Governor. Passed, three* fifths being present, \ ;•: ' The People of the State pf New York. , represented in Senate and Assembly, do enact as follows: '. Section 1. Article six of chapter four • hundred and eighteen of the laws of eighteen hundred and ninety-seven, en- titled -'An act .in relation to Hens, consti- tuting chapter forty-nino Of the- general laws.\ is hereby ^amended fey Inserting therein a new section, to he section -sev- enty ?ilye thereof; to. read as follows: • f 75. Li.cn of bailee, of motor Vehicles.-* A person keepins a garage or place for thfestprage,, maintenance, keeping or re- pair: of motor 'vehiicies, as defined by ths- motor vphiWc: law, and who to connection therewith stores, maintains, keep* or r*» Pali's, any motor vehicle of furnishes igasollne, pr otht>r supplies- therefor at the r^qurai. or v,l|h tlje eoii*p*t of tho aWtitT, wheifii-r' sii<;» owfier tM> a coniiltlOBtti -cvndoo- or- u rhortjjaj'ijr r<r-nKtIn|ti.« tt pos- KfAHjun .or\ (if,h.cT\*?ls^. -lxis a li>?n upon suth ma'ti'i\ vchi<i,n for tb*« Sum 4ui> for Sacb, gZ0im&, j-rio.inu-'.lol'hfi;. Itr^plnlf Ot* r»Jf.*ilrin-g' \of 'i?wh' motor vrbfcJot «r for Jufnf«MB.s gSSfillnrt or oihe-r 3Up»Hcs thr-tt-for iind itW 4\ v ti.'r>;.'Surh my tor -Vi'Jticls,- it\ nay time f-.'hfcis- Me Li-viiaWy In Ijis pcs.-s->s<aoS .until BUCU euh> ,U yitid. J2..Th» u.it siui'l taKS -effect tmmeOI- ateiy,' . • . • . . \ January first, nineteen hundred and two, $%.Ita case any city, town or village In. thla State shall organize a paid Iw, def partment. -and; thereby deprive ahyvVol-. unteer fireman who baa faithfully actual-' ty performed service in the protection of life and property within the, territory im- mediateiy-protepted iby his Company and while a bona tide resident *hd If -of .full; age so, elector therein^,,bf the:'.fi$ht tb serve a fhli term of five copi(e6hfIve years such fireman; shall be entitled; to a full and honorable discharge; and to all: the rights and pflvlieges granii^g,^. the laws of this state to volunteer, flreihen, pro- vided,: boweyer,. that If, itich 'paid de-- , partment has' been ergahtefd since the first day of January In t|i£ year nineteen hundred and two. he shall have, sb served. for a consecutive period at aj least one year immediately; preceding; the; instailai \-tion of said paid: fire -department. ' j 3. Any person described in sections one'bf two of this act shall be entitled t6 a Certificate from the cotspany in which he served or bf Which he was at, member at ihti '. time bf its - disbandment which shaii show the date of the ehtftmce of . such fireman upon, his service, the period: of his consecutive service, that ho was a bona fide resident and If of full age an elector within the territory Immediately prbtected; by hla company during the time hi such servico. that he -was bohbr- abiy discharged from such company after five years' consecutive service; was in good standing In his company after Corn- pletinii such five years of consecutive servica and at the ttmg at arpplyteg for such certificate; op th*t Too was in gbod atandlng in his company «t the tim»? of the disbTOitaimt th«:wif. Such cortffl- cate shall be slgncij by th* pH-sWc-ntj captain, forcmAn or secretary of Che com- pany' 'and shall be ttefetiQwl^dgi 1 ! toy such i>flltr;r» bf-tor-t fls officer contmfc<!ivnr*l-tb- taki? t»ekT»>\vl.-^l^m»--nts, s.ajd xhaU »ttas haw* ftttacft'*'<4 thvr^to n ^niflcUrt ajt».-wt- <-a by tb> artl^itvft of the twcret.try, clo+Jt or tdher pt-K-ja ftavbig thr custody of \ttfo company*** t^corj et Jn^ mb-.;rrfjli>, tlxa'i tit\ at.ttfm'itt* of fnct cor,Tj»incd (n gaid c<trtliJc;rt-.> fift-\ itv>\ nn.n %h v 3flld,-ici>, ami rtc:mow v ie.lgm< , bt *h.-n b tially in th« fflto'.-.'teK foi-mi Bmr>. <at Kt'W Xi'lK County Of ,,.,, $**. J : , Otf titis ,»„«..-... day of ....«.«,,, LAWS OF NEW YORK—By Authority. • [Every law, unless a different time shall ba. prescribed therein, ahall not 'take, ef- fect ustu the twentieth day after it shall have become a jaw. Section 4$ article Iij chapter 8; General tajfal •- \• - - .- ' CHAP..\330^ \AN ACT in relation tb highways and. bridges, constituting a consolidation of the highway; laws, andjpjrevidlfig for;.a: r : state department of hlgitwa'ys'and'.for. the. construction and maintenance of , state and county highways.; •.\ \ Became a law, May IS; 1S08, with the approval of the ebvernai'. r Passed, three* fifths being present : The People'bf the; Btate pf JJeW York, represented in Senate: and Assembly; do •pact as follows: ' THE HIGHWAY fcAtv: . Article I. Short title ajjd deflnitlohs Hi i4>. .- ' /-••• ..; ..'..'' - IT Department of highways (SMO-22). ; HI. BJstrict or county sufierintendehtii 08 30-SJ). ~ '\\.-•' ' TV*. Town supertatetidents; general pow- ers and duties Qf 404®. . V. Highway moneys; -state aid (Jj 90^111).' Vl State ana county highways tJI 120> vfo< .-,.-•\'- *\• VII. Maintenance of state and County highways (it iro-nsij. VTII. Laying out, altering and dtsoon* ttnulng highways; private roads (§} 190- '»«)•' . , ix. Bridges (81 aso»26». ' • - - • X--Perries (H 2%274). ^_\ ' XI. Miscellaneous provisions (|j iSO-303). X^tl. Saving clauses; laws repealed; When ta take effect C! 310^18). ARTICLE L Short Title, end Definitions. Section l» Short title- J X Definitions,;, 8, dtossification of highways. 8^ttort V Short title, •*. Ttu> chapter ihail bq itnofrp flft-tbo \Highway Law, 1 ' , t 2. DQfinttiopa,— X \th? term \depart- ment/* when b&--d bx-thls. chapter, shall rii?an the department of hJ^htraj-a. as •eengtlrutfd Herein. 3- Tii«.- terr.i 'scomtnisrJos.'*, whi.at ! sjo Wd. snaU Tflcan ttnj, state couiTaL'sloK of liigl>wayy. ' - .' J\. Tin xr-tm \dfstrtct-'+uperintetttlerit\\ o* •••rotjat;.' l?^lr*rJnt»7^Cle-lt/ , , wJjr-n jto ut^J, . *h;UI mcaa the, ,<3r.sfrfrt sup^rlntfaaent at aubstan- j. ijl-^hti'iya or county sopvrlntfndc-nt of hlvhw.tyir ff-ppciitis-'-'ly. •*- Tits tt'tm \tov-a auper'itivh'fcmV' \!i»;n s:» ; twxef. sh;JJ Jfisan yxu tawa su» toths } -^riatendont of'bj'jgaways* waterway 8,* tcibanluneutsi. ro)|^jpi«s v w,aUa and ah»hrid^es having a ipan of fiye'feet •orless, -' \'. ''\•-•>-- '•-,.- '-- v -'.'•-.- -\'' J 3. Classification of highways.—liigh- ways, the construcUon. improvement or majlhtenahce of which is isybvlfied for in this'\chapter are hereby divided into three classes: •-'-. .-• - ' 1. StRte',hlg|iways; are those constructed Or' Improved.\ : under this chaptejr at .the sole expense ot the state, including those highways specified and described in eec- tion - one hundred and twenty bf this chapter. • , v ,-'.;' 2. County highways are those •hereto- fore or hereafter constructed or im- proved; alt the joint oxpense-of state, coun- ty and.town, as providefitby law,-except -those highways specified and described In section one hundred:and twenty- of this, chapter. -* : *. ; * - 8, Town hlgHwayaJire those constructed. Improved or maintained by the town with the aid of the state, under the provisions of this chapter;: Including all highways- in towns, outside of incorpor3.ted villages constltutlpg separate road districts, which do \hot belong to' either of the two pre- ceding classes. • M • • 'ARTICLE H. Department of Highways. • Section 10. Department of highways es? tablished. 11. State commission of highways: dep- uties, secretary and other clerks, officers and'employees. 12. Oath of office; Undertakings. IS.\Principal office; official seal; station- '*^* ' - -, - 14; Salaries and expenses. '• 15. General powers and duties of the commission. 16. Division of state; division engineer!. 17. Duties,of division engineers. 18. Blank forms- and tewn accounts. • 19. Examination of accounts and rec- ords. >••. 20. Condemnation of bridges, , 21. Estimate of cost of maintenance of state and county highways. 22. Rules and regulations for state, and county highways. I 10. \Department of highways estab- llshed.-*There is hereby established a de- partment, to be known as a department of highways, which shall be constituted as provided in this chapter, and shall have the powers and perform the duties hereinafter prescribed. f 11. State commission of highways; dep- uties, secretary, and other clerks, officers and employees.—On or before the tenth day of January, nlheteen hundred and nine, the governor shall appoint three commis- sioners of highways, by and with the ad' vice and consent of the senate, who Shall constitute the state commission of high* ways, and shafl devote alt of their time to the duties of theu\ofilce. Of tbe com- missioners first appointed one, .shall be designated by the governor as chairman during the term of office of said com- missioner. One of them sball be a prac-. tical civil engineer who shall have had actual- experience in the construction of highways and bridges. Tbe commission- ers first appointed hereunder shall hold offlce for terms' of two,' four and six years commencing on the first day of January, nineteen hundred and nine, to be designated by the governor when making the appointment One of such commissioners shall belong to the party casting at the last preceding state elec- tion the next, to the highest number of. votes . for . governor, and whenever; ap- pointments: are made to fill. vacancies caused by.\ the expiration ..of- term or oth- . ,*5-j>iiK> they , Shjtjl\ be , maSe so that a* ' Tte^f^neof s-upjB commissioners shaft be* long to'-aucb party. Upon the expiration of each of «ueh i^rrajt. the term of Uifflce of each commissioner thereafter appoint- ed shall, he=aix years, fjr^m the first day of January; succeeding the expiration of the; term of offlce of his predecessor, if a vacancy shall occur otherwise than by expiration pf term it shall be filled by appointment for the unexpired term. The commission • shall appoint* two deputies, each of whom sball have had practical experience in the actual building. * con- struction and maintenance of highways and be familiar with the operation and effect of state statutes relating-to high- ways and bridges. One of such deputies shall be known as. the first, deputy and his duties Shan relate to the mainte- nance of state and county-highway a; the Other shall be known as the second dep- uty, and. his duties shall relate to the im- provement, repair and maintenance of town highways ah^ bridges. Each of such deputies shall have such other and further duties as* may be imposed upon him by- the epnnnlsaion. ; The, comrolssion Shall appoint a secretary: who shall have the duties prescribed by the' commission. The commission shall appoint such resi- dent engineers,, clerks,.officers and em- ployees as rhay be required to carry out the provls!bn,s of this chapter, -subject to the civil service laws and the provisions of this chapter, within the amounts ap- propriated therefor, unless the: appoint- ment bf such clarks.officers.br employees IS otherwise provided for herein. Dis- trict-superintendents, appointed as pro- vided in this chapter, shall be appointed from lists prepared front examinations which shall, test their qualifications ,for the .actual construction and maintenance of highways and their executive capacity, rather than their scientific attainments. Clerks; other than those*employed.in\the- principal office |Of the compassion. In- spectors and ejtljer employees in the.de-u partment .whose duties pertain to the maintenance of highways, shall likewise * bo selected from;'lists prepared-from CX- ammatlons - testing their general khowl* .'; edige of: the highway law and'of the prac- tical construction of highways.* tospect*. -oris of cor.strucUon. other than engineers, apd leyelers. shall be sejectfd: from lists ;8imiUjrly prepared, except.that they shall b^ residents of 'the county- within, which ; the. highway, consjruqted or Improved, ,1s\ located To the,end that the,;employees of.the department ofhlghwaya engaged in the worg: o f consb^eti^, t imnfoving / :br 'maintaining highways.uhfier the*prb- visions of thlsi chapter n?ay bewpracycai , highway buitdertk the highway, commis- sioh is authbfh«$ to ipdlp^te^ to.the c.p : jjferyice ; corAjfilssloh, the.:' relative va|be' which should he-given, to.'e^erlence.a^bd •ciehtifio ptttainmKnts. | ^;,-,;>.'l'' i 12. Oatb of- oftee; undertaking.—Each of such conyhlssiibnera shall.\ before en- ferinig upon tie' duties of his otRcc,, take 'and subscribe} the constitutional;: bath of office astd exdbute an undertaking to the ihm of twenty-fiye, ttonsand dollars, to be approved by afid filed,is^th the cohip* trbiier and renevjred as bfteh \1\* the gov- ernor may require. Such undertaking shall be to the effect that eaph such com-'; tnlssioner will fialthfuliy aischarge the duties of his office: and prOtpptlV .account , for\ and pay over; aiimbneys or, prqpefty received by bjm as such co»imi»siondr In aebbrdance with {aw, br in default there- of-that the partiee executing, such under- taking will pay all damages,,, costs\ expenses resulting from such default : Each bf the deptuties and. the secretary, shall-' execute an undertaking in the sum Of five thousand i dollars to be approved by the commisslan kni filed in its offlce. { Jj> Principal office; official seal; 'Sta- tionery,—The principal office* of the de- partment shall he- in tbe-ftlty of- Albany in roon» j-*o.yide<S by tht*^trufiteea'pf pub- lic buildings. The departmentNSball havo an -official seal, ta b<s prepitf^d by liter secretary of stale, as'pmvidod'by law..' The Ofllces of ttte>fiep.awmr-ni alrftll b*'' supplied with necessary postage,.statioirf. ery and effics furaltuk' attO ftppijaneos. to po paid fdr out of moneys apptoprfat-.'d •thc-refon an* 15 fchall luvv« pttpiovijj f.or tt J»' tUo fltttc. 4uch hooka iind \Watt 1 -* n» are. u'Quired for carrj-inR on the bust- m ss of thcdepajftmient - i it £' ! iUri'.-a and exponas.-the- chn'lr- man ».f the ^dwmlwslon shall receive an annual salary at -six. thousamt dollars; «ac6 fit the other bommisslonera afcaU re- ceive an annual eaiary oi-«»• tnooaana ioTiars The first and second deputy and Berj-pi'ary shall each receive, ah.'-ahnua' s'n'ary ,cf• tbij^* thousan'Iflvo hundred'd^l- ' lars The, clerks,. olScerE and other cm- pibyees of tha department shall receive ': the compensation fixed by the cofhrnls- , sion except as otherwise, defined and es- tablished lh this chapter and by the an- nua! '..appropriation'; and supply: bills. In , the discharge of their official duties such r comrhrs^lon«>rs. deputies, secretary, and the .clerks, \officers and other employees of the department shall hive, reimbursed to them their necessary traveling ex- penses and disbursements. Such salaries and expenses shall be paid by the: state treasurer upon the waiTant of the'eomp- \trOlier.- out of moneys appropriated there- for in the same manner as the saljirles and expenses of other officers, clerks and employees are paid: t 15. General powers and duties of the commission.—The commission shall 1. Have general- supervision Of all high- ways and bridges; which are constructed, improved or maintained in whole or in part by the aid of state moneys. i. Prescribe rules and regulations not Inconsistent with law, fixing the duties of division engineers, district, county and town superintendents in respect to all highways and bridges composing the state and.county systems and, determin- ing the method bf the construction; im- provement or maintenance of such high- ways and bridges. Such rules and regu- lations shall, before taking effect be printed and. transmitted to the highway officers affected thereby. 3. Compel - compliance with laws, rules and regulations relating to such high- ways, and bridges by highway officers and see that the same are carried Into full force and effect. \t Aid district, county .and town super- intendents In.establishing grades, prepar- ing suitable systems of drainage and ad- vise with. them as to the construction. Improvement and maintenance of high- ways and bridges. 5. Cause plans, specifications and esti- mates to be prepared for the repair and Improvement of highways and the N:on- struction and repair of bridges, when re- quested so to do by a district, county or town superintendent '- 6. Investigate and determine upon the various methods of road construction adapted to -different sections of the state, and as to the best methods of construc- tion and maintenance of highways and bridges. 7. Make an annual report to the legis- lature on or before February fifteenth, stating the condition of the highways and bridges, the progress of the improve- ment and maintenance of state, county and town highways, the amount of mon- eys received and expended during tbe year upon highways and bridges and in the administration bf its office, and also containing such matters as to their judg- ment should be-brought to tbe attention of the legislature, together with recom- mendations as to such measures in rela- tion to highways as to their judgment the public Interests require. 8. Compile'statistics relating to the pub- lic highways throughout the state, and; collect such information in regard there3 to as they-shall deem expedient 9. Cause public meetings to be held at least once each year, in bach district or county, for the purpose of furnishing such general information and instructions as may be necessary, regarding the con- , struction, improvement or maintenance of the highways and bridges and the ap- plication of, the highway law, and the rules and regulations of tbe department and also for the purpose of hearing com- plaints. . They shall notify the distrlet or county superintendent bf their Intention to hold such meeting or meetings, spec- ifying the date and the place thereof. 10. Aid at ail times in promoting high- way improvement throughout the state, and perform such other duties and have such other powers In respect to high- ways and bridges as may be imposed or nohferred on them by law. U. Approve and determine the final plans, specifications and estimates for state and county highways upon the re- ceipt of the report and recommendations of the county or district superintendent as provided herein, and transmit the same in the case of a county highway to the board of supervisors. After the ap* proval of such plans, specifications and estimate by the board of supervisors and .the return thereof to the commission, to the case of a county highway and after their flhal determination in respect there- to in the case of a state highway, the commission shall cause a contract to be let for the construction or Improvement of such state or county highway after due g advertisement 12? Prepare tables showing the total number of miles of highways to the state. by town and county, and file a copy of the same to the office of the comptroller. S IS. Division of state; 'division engi- neers.—The commission shall divide the state into not more than six divisions and shali appoint and assign to each division a division engineer. In making such divi- sion no county shall be divided. Each person so appointed as a division engi- neer shall be a practical civil engineer having, had actual experience in the con- struction and maintenances of highways and bridges. The salary of such engi- neers shall be three thousand dollars p$r annum. An office may be maintained by such division engineers at a convenient place within each division as authorized by the commission. The salary and ex- penses of such engineers shall he paid out of moneys- appropriated therefor upon the requisition of the commission. Each division engineer shall, before'entering upon the duties of his oifice. take and Subscribe the constitutional oath of office and execute an official undertaking in the sum of ten thousand dollars to be ap- proved by the commission. - 5 17, Duties of division engineers^-Each division, engineer, shall devote hls^entire time to tbe performance of, his; duties. '• He.shall; under the direction and control of the commission: .','.* i. Make br cause to he. made all sur- veys,.maps, plana specifleatlonsr and esti- mates necessary or required for the im- provement, construction trad maintenance of st^te and county, highways, within the 'dlvjglon \for which be Is appointed. . 2. Examine.; revise and. approve all. plans, specifications and estimates and. .proposals for the Improvement, construe* ' tlon and maintenance: of highways and bridges within his ; division, which may be submitted by' the cpnihilssibn. pursu- ant to the provisions of this chapter, or the,rules and regulations of' the commis- sion. >'•' '.'.'--.'-. \,ti Examine and Inspect or cause to be examined and Inspected, \the. work per- formed oii any highways, and report to /the, commission as to whether the work has, been done in accordance with the plans; and specifications and contracts IDadeL therefor: \ ^.^ Approve and certify to the monthly estimates ' or allowances for work -. being performed>under any contract let for the construction, improvement or mainte- nance of state and codnty highways. 6. Inspect, or cause to be Inspected, all; state and county highways, and report from, time to. time in respect thereto, when required: by the commission. C. • Consult wiib district, county and town superintendents and other highway Officers. !h respect to the proper ipe'thc'Js Of constructing, improving and maintalnr ,- IKS higUwaia and .bridjgra,-- .'; 1 'J. Perforin HUCH ••tbt-r duties',as may' j-'bfV.'bte^'r^l'-tT ,i'l-^ -vhitpisslbp. - . .,.; ' § IS: .jilattV forms hnd town .accounts:—- : ffhji c<5ntr.l5pion shaii. pi>scrH>i- art-i fur- j rtolsTi, iil'ink forms'- of or4vra.- rrp.oris. and ' * accgtiofeartl xianii ''bootts, «;lit'.v.:-.vr in* I tiu'-lr iu&tti-r,t :t.:n-y arc r->quir<Ni-»~r ; the ,: con*v\uicno>'pf thrtii ofljco.yiu.1 of highway ,; : .bfiic^ \ ' -• • '.-,,-•'.•. ' -! - S if*. I>y,am.:naUoa or -accounts, ani) r-ee* .) er<?s.---Th* commission may, •at such times 1 0$ may bo tlremcd expedient, cause ma ] . ... ' *?• . • -- axarnfnatlbn bf all accounts and records fcept as required, by this chapterv and it ShaiT be the duty of all couijty and town offlcera to produce all. such records and accounts for examination and inspection, at any time on demand of a representa- tive of the commission. 5 SO.- Condemnation of bridges. — The commission shali cause an Inspection to he made of any bridge which is reported- to be unsafe for public uao and travel by the district or county superintendent, the town superintendent, or five residents of tbe town. If such bridge is found tb be unsafe for public use and travel the com- mission Shall condemn such bridge, and notify the district or county superin- tendent the town superintendent and the supervisor of the town, of»that fact The district or county superintendent shall either prepare or approve plans, .specifi- cations and estimates for tbe construe* tlon or repair of such bridge without de- lay. The town shall provide for the con- struction or reconstruction of such bridge. as provided for by section ninety-three o.t this chapter. S 21. Estimate of cost of maintenance of 6tate and county highways.—The commis- sion shall annually cause to be inspected . all state and county highways, either by the division engineer, or the district or county superintendent of the district or county in which sUch highways are sit- uated and shall require a complote re- port of such Inspection which sball show In detail the condition of the highway in- spected, the necessary work to be per- formed In the repair and maintenance of such highways, and the estimated cost thereof. The commission shall revise said estimates and annually report to the leg- islature its estimated cost of* such re- pair and maintenance for the ensuing year, as so revised, la detail by town and county. § 22. Rules and regulations for state and county highways. — The commission is hereby empowered to make rules and regulations from^ time to time for tbe protection of ,any state or county high- way or section thereof. They may pre- scribe the width of tires to be used on such highways and they may prohibit the use of chains or armored tires by motor vehicles upon such ..highways, and any disobedience thereof shall be pun- ishable by a fine of not less than ten dol- lars and not exceeding one hundred dol- lars, to be prosecuted for by the town, county, or district superintendent and paid to the county treasure^ to the credit of the fund for the maintenance of such highways in the town where such fine is collected. ARTICLE III. District or County Superintendents. Section 30. Appointment of county su- perintendents. 81. District superintendents; appointment and salaries. 32. Removal of county superintendents. S3. General powers and duties of district or county superintendents. § 30. Appointment of county superin- tendent—The board of supervisors of any county may appoint a county superin- tendent determine the amount of tbe bond which he shall give, fix his salary, which shall be a county charge, and may remove such county superintendent for malfeasance or misfeasance in offlce. upon written charges, after an opportuni- ty to be heard, not less than five days after the service upon such superintend- ent of a copy of such charges. The term of oifice of each superintendent shali be four years unless sooner removed by the board of supervisors as above provided, or by the commission as hereinafter pro- vided. S 8L District superintendents: appoint- ment an&T salaries.—If the \board of super- visors of any county shall fail to appoint a county superintendent, the commission shall place such county in a district with such other counties as they deem best and appoint a district superintendent therefor. A county may be divided, but no district shall contain more than five thousand miles of public highways. Sufch district superintendents may be removed by the commission at its pleasure. The commission shall fix the salaries of such superintendents. Such salaries, together with expenses, shall be paid monthly to the first instance by the state treasurer upon the warrant of the comptroller and the amount thereof shall be annually ap- portioned by the commission among the counties contained in the district, in pro- portion to the number of miles of public highways of such county and. to such district The comptroller shall certify the amount so apportioned' to the board of supervisors of each of such oountiea, and such board shall annually levy and cause to be collected as a county charge the proportionate part of such salary, and the treasurer of each county shall pay the eum so raised into the statewfreaaury. § 32. Removal of eounty superintendent. —Tho commission may remove s county superintendent tor Inefficiency, neglect of duty or misconduct to office, upon writ- ten charges a^ter an opportunity of being publicly heafd In his defense. A copy bf such charges shall be personally .served upon such superintendent and be shall be given not less than five days^notlce of the time and place of the hearing. If upon such.hearing it appears that the charges are sustained, the commission shall remove such superintendent ami forthwith serve notice thereof by mall upon the superintendent and upon the chairman and clerk of the board of su- pervisors of the-eounty for which he was appointed. Such notice shall state spe- cifically the grounds for sueh removal. The record of the proceediiigs upon such hearing shall be filed in th& office of the commission. The commission shall ap- point a district superintendent for such county or cause it to be added to some other district, and it shall thereupon be made subject to the Jurisdiction of the district superintendent thereof until the board of supervisors sball appoint a new 1 county superintendent to fill the vacancy caused by such removal. § 83. General powers and •[ duties of dis- trict or county superintendents.—The\ dis- trict or county superintendent appointed as provided in. this article shall, subject to the rules and regulations bf the. com- mission: .. 1 1. Have the general charge of all high- ways and bridges within .his district or county and see that the. same are im- proved, repaired and -maintained, as pro- vided, by law, and have the -general. su- pervision of the work ot constructing, im- proving and , repairing bridges and town highways In his district or.county. ' 2.- Visit and inspect, the highways and bridtes in each town of his district or - county, at least once to each year and whenever directed by the commission, ahd advise and direct the town superin- tendent how best to repair, maintain and Improve auch highways and bridges. \ . a. Examine the various formations and deposits of gravel and stone in his dis- • trict or county, for the purpose of ascer- taining the materials which are best available and suitable for the, improve- ment of highways therein, and when re* quested by the commission submit sam- ples of such formations and deposits.and make a written report in respect thereto; . .4. Establish, or cause to bo established, i such grades; and recommend such means • of drainage, repairs and improvements. as seem to hini necessary Whenever re- quested byj'the town superintendent or town board. 5 Approve; plans and BpeClficatlona arid ; estimates for the £rr>rti6n and repair of . bridges-'pn'd \the ..construction- and fn.ith- t<\iiarce ;qf tov/h hlshwaTs; i' . 'Report to. tho commission, annually, on or before November fifteenth in eaCiV '.Y<-'..jK !.n relation to. the highways'_ an4 1-riflcfpn. ir. •'.)-.!'£• cll'ntr.le! 'or .ou.hty, con* , t.iir.irij K-;i;h .•t*;itter ; unit irt such form as may 'be pr>?K(*ri.t,,--d by tue commission, afn.1 '('..'-'a il-.iplW.'Hc-theft'-of with (He cle?j c •• of the V.oir/1. 0f sim^rvts-ors. Additional reports shall Be n%ido from time to time when rewarded by the compission la «e-
