{ title: 'The Newark-union gazette. (Newark, N.Y.) 1910-1939, August 20, 1910, Page 11, Image 11', 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/sn88074501/1910-08-20/ed-1/seq-11/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-11.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-11/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn88074501/1910-08-20/ed-1/seq-11/ocr.txt', label: 'text/plain', meta: '', }, ] }
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>.:-;' m. ••$§ which this article- ii *p- a that. where any of web,- s a fluty on or prohibits a any way refers to the •ore of any »uoh cprpoca- ,ns. when read In connee- rticle, shall be deemea to aiy the duly authorised or attorneya-in-fact or inderwrlting or managing uoh persons,.partnerships and provided, further, of such septlans refers to the same, when read In i this article, shall be n the persons,- partner- tlons to which this article ine hundred and twenty- rter, as amended by chap- J and sixty-eight of the on hundred and ten. Is to read as follows; I fire Insurance policy to and used. The printed . contraot or policy of are Buoh provisions, agfee- ions as may he Indorsed I thereto and form a part ct or policy, heretofore i of the secretary of state indent of insurance or by >oarff of fire underwriters e provisions of chapter a eighty-eight of the laws Jred and eighty-six, shall, ay the secretary of state the superintendent of ln- igethe'r with such provi- ts or conditions as may thirty-first day of Deoem- ndred and One, be filed by, >oard of Are underwriters the superintendent of in- ,roved by him, which pro- nts or conditions shall be re inconsistent with, the surance policy heretofore of the secretary of state, and designated as the urance'policy of the state lo fire Insurance corpora- i or agents, shall make, for use, 'any fire lnsur- the renewal of any such irty In this atate, other ill conform In all partlou- cs, slase of type, context, cements and conditions id blank form of contract 10 other or different pro- nt, condition or clause manner made a part Of policy or Indorsed there; therewith, except as fol- le of the corporation. Its 2e of business, date of its organization, whether It mutual corporation, the ;ers, the number and date ind If issued through a it the words, \This policy id until countersigned by zed manager or agent of it .\ 1 or written forms of de- pecmcation, or schedules bovered by any particular other matter necessary to all the facts and condi- ce on any particular risk with or a waiver of any ns or provisions of the herein provided for. ie approval of the super- lrance, If the same is not 1 in such standard form, rhich any such corpora- by law to Insert In its conflict with the provl- indard' form. Such provl- printed apart from the i, agreements or condl- cy under a separate title ovlsions required by law :hls policy.\ day of January, nineteen ven, such policy or con- sulted, written or type- y size of'type or on any ' paper which shall have roval of the superlntend- th the word \agent\ or lace of business, of any or agents, either by writ- tmping or otherwise, may the outside of such poll- fifty-seven, one hundred one hundred and forty- mndred and sixty-two of well as all acts or parts rtegt with this act, are ixcept section, three there- ffect July first, nineteen i, and section three shall nuary first, nineteen hun- rk. Office o£_the Secretary ed the preceding with the file in this office, and do lat the same Is a.correct rom and of the whole of CMUEL S.~KOBNIG. Secretary of State. LAWS OF*B*ffi- ^^•\'j|BS0a®BJtf.- ssnall be duly authorized in writing for that purpose by any or either ot them, and who shall exhibit such written au- tnorlzatton to such auctioneer. 1-27. Penalties. Any person who violates or does not comply with the provisions of section twenty-five hereof, or any auc- tioneer or person engaged in the business Of selling goods at auction who shall Jail neglect or refuse to permit or allow an inspection as required by section twenty- six hereof of the book, which he is re- quired to keep according to the provisions of section twenty-five hereof, shall be guilty of a misdemeanor. 5 28. Limitation. Sections twenty-five, twenty-six and twenty-seven hereof \shall apply only to elties of the first class and do not repeal or supersede the provisions of section thirty-four of the Greater New •fork charter, as amended by chapter five hundred and forty of the laws o£ nine- teen hundred and nine. ! 2. This act shall take effect September first, nineteen hundred and ten. State of New York, Office of the Secretary of State, sa.: 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 whole of said original law. SAMUEL S. K0EN1G, Secretary of State. LAWS OF NEW YORK—By Authority. CHAP. 662. AN ACT to authorize the appointment of the Catholic Home Bureau for Depend- ent Children as general guardian of the person and property of Infants under Its care and control. *. Became a law June 24, 1910, with the ap- proval 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. The Catholic Home Bureau for. Dependent Children, a corporation, may be appointed general guardian of the person and property of any minor child under Its control or In Its charge by any court of record of thtB .state, or by a judge or justice thereof, and no bond or other security shall be required upon such appointment and no annual Inven- tory and account shall be required of said society. Upon proper application, how- ever, such security or Inventory as shall seem proper to the court or officer mak- ing such appointment may be required. 5 2. This act shall take effect immedi- ately. State of New York, Office of the Secretary of State, ss.: 1 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 whole of said original law. SAMUEL S. KOBNIG, Secretary of State. HPYOBK—By Authority. :HAP. 440. end the general business i to the keeping of books and inspection thereof. June 24,1310, with the ap~ joyerndr. Passed;- tbree- ent • - •' the State of New York, Senate and Assembly, do apter twenty-five of the i- hundred and nine,- entl- atlng to general business, pter twenty of the con- Is hereby amended by Bctlon twentyrfOur, four i be sections iwerity-ove, nty-seveh,\ and twenty- o read, respectively, as ,o be Kept by auctioneers; • or person engaged In the [ling goods at auction, in his own behalf or as t or representative of an- m the-receipt-or- accept- any .goods- for' the- pur- luction, afid before offer- any part thereof for sale. e or cause to-be written kept by blmrfdf'the pur- irid address of the person :1m- to-sefl such goods at e and address of the per- leneflt behalf or a\<scount' o be sold at auction; the ess of the person from loneer received Or accepts the name rod''address-of was the owner, the *«-, if the owner or the con- oods Immediately prior to iceptanoe for the purpose on ot the same by such location; with street and of such goods Jmrftedlate- recelpt 'or acceptance of h auctioneer for the pur- auctlon; the date of the tance -by suen auctioneer }r the purpose of sale at ce, with street and num- hich such goods are to be wed u*arsola~5roff«fe* on; the place, with' street • «\* Place. With? street _. stny, lit which sucK goedi\\]. - r offered- for eale\ at auc-: Jon Of suon- goods, the and the dtrttactiv* marks the terms: and condition* h auctioneer geoeive»,or oils for safe-at' auction, \goods* as used in-tils any BOOOB^ ware*, works. Ity, compound ore thins,, indlse- or personal propr be lawfully kept Or of- rt shall noi include '*Sod»-- or by Or* and sold of- to\ benefit of - the-owners; f& account of whom'lt\ msy « sold py virtue of Jiidl- i word \person\ as iwed bkdiiSfss' a corporation, otatldh or copartnership, ihall apply tp the.sale of auction.'' ~ j ' ' \ open to Inspection. The lie entries therein mad* the preceding section •onabM tfansav be open to the mayor and the Mad jpartment of the city lit one**\ conducts his bus! t attorney of any ootaity- ty Is Ideated or which ts sty, and any person who LAWS OF NEW YORK—By Authority. CHAP. 639. AN ACT to amend the public health law. In relation to vital statistics. Became a law June 24, 1910, with the ap- proval 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 L Section twenty-two of chap- ter forty-nine of the laws of nineteen hundred and nine, entitled \An act In re- lation to the public health, constituting chapter forty-five of the consolidated laws,\ as amended by chapter four hun- dred and seven of the laws of nineteen hundred and nine, is hereby amended to read as follows: i 22. Vital statistics. Every such local board shall supervise and make complete the registration of all births and deaths occurring: within the municipality, and the cause of death and the finding of coroners' juries, In accordance with the methods and forms prescribed by the state department of health, and, after registra- tion, promptly forward the certificates of such births and deaths to the state bu- reau of vital statistics on or before the fifth of each month. Every physician or midwife attending at the birth of a child, and no physician or midwife being In at- tendance, the parent or custodian of a child ftorn, shall cause a certificate of such birth to be returned within thirty- six hours thereafter to the local board of health or person designated by It to re- ceive the same, which shall be attested, if a birth, by the physician or midwife, if any In attendance, tihd no physician or midwife being in attendance, by the par- ent or custodian of a child born. It shall be the duty of the physician last In at- tendance upon any person who may die to fill out a certificate of the death and probable cause, and duly certify to same and deliver the certificate to the local registrar of vital statistics within twenty- four hours after the death occurs. In case an inquest Is required by law, the coroner or the coroner's physician shall fill out the said certificate, and if no in- quest Is required and no physician was in attendance at the time of death or imme- diately prior thereto, the health officer of the municipality or his medical assistant shall fill out and file the said certificate. In cities of the first class it shall be the duty of the physician In attendance Im- mediately prior to the death of any per- son to view the body, and to fill out a certificate of the death and probable cause, and duly certify to same and de- liver the certificate to the local registrar' of vital statistics within twenty-four hours after such viewing ot the body. The person making such certificate shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon, and paid by the municipality where Bucn birth or death occurred. The cost of such •reglsration, not exceeding twenty- five cents for the complete registered rec- ord of a birth, or death, shall be a charge upon the municipality. The charge for a ^opy thereof shall be fixed by the board, not exceeding the same sum for a. cofn> - plete copy of a single registered record and the additional sum of twenty-five cents if certified to. Such copies shall be furnished upon request of. any person; and when certified to be correct by the, president or secretary of the board or lo- cal registering- officer designated by It shall be presumptive evidence In all courta and places ot the facts therein stated. The physician or midwife attending at the birth of a child, shall, at the time of filing such certificate of birfh, unless it Contains the given name of such child, cause to be furnished to the parents pr_ custodian of such child, a name cardV which shall be filled in by such parent or custddlan with the given name, of • such child when named, and Immediately filed in the same Office where- certificates of birth are filed. Blank name cards shall be furnished by local boards of health In the form prescribed by- the state depart- ment of health, the expense of which shall be a charge upon the municipality. Rules and regulations shall be adopted by local boards of health- providing for the enforcement of this, section. { 2. This act shall take effect immedi- ately. ' . ' i State of New fork, Office of the Secretary 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 whole of said original law. ' SAMUEL S, KOSNIG, —;- Secretary of State. •So- in original.. LAW8 OF NEW YORK—By Authority. CHAP.Wi AN' ACT to amend the highway law, fa ' -relation to the descriptions of the routes of certain highways to be constructed or improved by the state. - Became a taw June 24,1910, with the ap- proval of, the Governor. Passed, three- fttthibelnrpresent. .--.\\- .-.-'- The. People of the State of New York, repreeehted In Senate and Assembly, do enact *»*«©#•? \. \ Section' 1.\Routes two, fourteen; thirty, thlrty^two*and thirty-ieven, constituting the subdivisions thus designated, respec- tively, Of »*ctfo« on* \hundred and 1 twenty of chapter thirty of\ th*-law« rtnmjrteen > handred s^'nine, etttltled \An act relat- ing to .Highway*; constituting Onenter twenty Ave of the oftnsotldatsd laws.\ are hereby amended to read, nspecttvely, as follows- Route Z. Commencing at Jerome atenue on the dividing fine between Westtnestsv county and Hew fork chy and running thence northerly aMfcg Jerome *Vi and Central Fs^rk -avenue t o Hart* ... thskce along the Sprain road and Lad- ders road to fair groundB, thence nbrther- «» \LP'S? 8 roa d between Greenburgh and Mount Pleasant, thence westerly along the same to the Saw Mill River road and. the Tarrytown Lake road to Bedford road, thence along the Sleepy Hollow road northerly and westerly to the Albany post road, thence northerly along Albany post road through Briar Cliff, Ossinlng and t-roton Landing, thence along Old York- town road to Cornell dam, thence along westerly side of Croton lake to Dixie Hill. thence northerly along Croton avenue to Crompound road, thence westerly along Crompound road through Peeksklll to Al- bany post road, thence northerly from Peeksklll, to a point to be determined by the commission, on the dividing line be- tween the towns of Philllpsburg, Putnam county, and Cortlandt, Westchester coun- ty, running thence northerly through the western -portion--ot Putnam-eounty to a point to bo determined by the commis- sion, on the dividing line between Dutch- ess and Putnam counties, running, thence northerly by the way of the city of Poughkeepsie and Rhlnebeck to a point to be determined by the commission, on the dividing line between Columbia and Dutchess counties, running thence north- erly through Blue Store and Johnstown to Bell's Pond, and thence northerly along the Ancram turnpike and Worth avenue to the city of Hudson, running thence northeasterly from the city of Hudson to a point at or near Valatle, connecting with route number one, as above de- scribed. Route 14. Commencing at Corning, Steu- ben county, running thence northwesterly by the way of Bath, Avoca to Cohocton. running thence northerly from Cohocton, to a point to be determined by the com- mission on the dividing, line between On- tario and Steuben counties, running thence northeasterly to Naples, running thesee northerly from NapleB to a point to be determined by the commission, con- necting with route number six, running thence along route number six to Black's corners, and from thence to Holcomb; running thence northwesterly to a point to be determined by the, commission on the dividing line between Monroe and Ontario counties, thence northerly to Pittsford. thence westerly, then northerly to the city of Rochester. Route\ 30. Commencing at Rouses Point, In Clinton county, running thence westerly through the northern part of Clinton coun- ty, to a point to be determined by the commission, on the dividing line between Franklin and Clinton counties, running thence westerly by the way of Burke, Ma- lone and Molra, to a point to he deter- mined by the commission, on the dividing line between Saint Lawrence and Franklin counties, running thence westerly to Law- rencevllle, running thence southerly to a point at or near Nlcholvllle, running thence westerly and southwesterly by the way of Potsdam, Canton and Gouver- neur, to a point to be determined by the commission, on the dividing 1 line between Jefferson and saint Lawrence counties, running thence southwesterly by the way of Philadelphia to Watertown, running thence southerly from Watertown by the way of Adams and Plerrepont Manor, to a point to be determined by the commis- sion, on the dividing line between Oswego and Jefferson counties, running thence southerly and southwesterly and wester- ly by the way of Pulaski and Union Square to Oswego, running thence south- erly from Oswego by way of Hannibal^, to a point to be determined by the commis- sion, on the dividing line between Cayuga and Oswego counties, running thence southwesterly through the northern part of Cayuga county to a point to be deter- mined by-the commission, on the dividing line between Wayne and Cayuga counties, running thenoe southwesterly and west- erly by the way of Red Cr<>ek, Wolcott, Alton, Sodus, Williamson and Ontario to a point to be determined by the commis- sion on the dividing line between Monroe and Wayne counties, running thence southwesterly to the'-oity of Rochester, running thence westerly from.the city of Rochester by the way of Spencerport, to a point to be determined by the commis- sion, on the dividing line between Orleans and Monroe counties, running thence westerly to points at or near Albion and Medina, to a point to be 'determined by the commission, on the dividing line be- tween Niagara and Orleans counties, run- ning thence westerly to a point t o be de- termined by the commission, connecting with route number eighteen. Route 32. Commencing at Lawrenceville In Saint Lawrence county, running thenoe northerly to North Lawrence, running thence westerly to Winthrop, running thence northerly to Massena, running thence southwesterly by the way of Wad- dington thence by the way of the Sucker Brook and Van Rensselaer roads to Og- densburg. Route 37. Commencing at a point on route twenty-six at DolgeviHe, running thence easterly along the old state' road by way of Oppenheim, Lasellvllle, Garoga and Rockwood to the city ot Jobristown In Fulton county, running thence easterly by way of West Perth to Perth Cescter, thence in a northerly direction to -Broads- albin by way of Vail Mills, thence in- a southeasterly^direction by way of Hdney- wells Corners\ and Jackson Vialo farm to Van Vrankens Corners, thence easterly to a point to be determined by the com- mission on the dividing line between Sar- atoga and Fulton counties, running thence easterly v by way of Gal-way to Saratoga Springs connecting with route number twenty-five. t 2. This act shall take effect Immedi- ately. State of New York, office of the Secretary of State, ss.: I have compared the preceding with the original law on file in thin office, and do hereby certify that the same Is a correct transcript therefrom and of the whole of said original law. SAMUEL S. KOBNIG, Secretary of State. LAWS OF NEW YORK—By Authority. CHAP. 651. At? ACT to amend the village law, in re- lation to establishment of fife limits. Became a law June 24,1010, with the ap- proval of the Governor. Passed, three- flfthi being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: *• Section 1. Subdivision seven of section eighty-nine of chapter sixty-four of the laws ot nineteen hundred>«nd nine, enti- tled \An act relating to villages, consti- tuting-chapter sixty-four of the consoli- dated laws,\ is hereby amended to read as follows: 7. Fire limits. Hay establish fire limits, by resolution, filed In the office of the vil- lage clerk, and posted In three public places in the village; and may provide in said resolution that certain streets or blocks as designated therein shall consti- tute the limits within said:village- within which wooden buildings or structures inky not be erected or substantially altered. 12. This act shall take effect Immediately. State of New York, Office of the Secretary 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 -whole of said Original law. SAM0EL S. KOBNIG, Secretary of State. LAWS OF NEW YORK—By Authority. CBAF;«e. AN ACT to amend the forest, fish and game taw. In relation to pheasants and woodcock on Bobbins and Gardlners islands. - Became a law June 24,1910, with the ap- proval of the Governor. Passed, three- fifths being present. The People of the State of-New Fork, represented In Senate and Assembly, do enact as follows;' Section 1. Seotlon one hundred and «ev- enty-four-a of the forest, fish and game law Is hereby amended to read as fol-, lows: S 174-a. Bobbins and Gardlners Islands. Quail and English pheasants may be tak- en on Robblns Island as long as It re- mains the property of the Bobbins Island club, and on Gardlners Island from Octo- ber fifteenth to January thirty-first, both- Inclusive. Woodcock may be taken on these islands from November first to De- cember thirty-first, both Inclusive. 9 2. This act shall take effect Immedi- ately. State of New Sork, Office of the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same la a correct transcript therefrom and of the .whole ot said original law. SAMUEL a KOENIG, Secretary of State. LAWS OF NEW YORK—By Authority. CBAPr&SB. AN ACT to amend the forest, fish and game law, In relation to hooking; suckers through the Ice In the waters of Sulli- van county. ., —.-I Became a law June 24, 1910. with the ap- proval of the Governor. Passed, three- fifthl being present. The People of the State of New fork, represented In Senate and Assembly,.do enact &» follows: - Section i. Section on* hundred and fif- ty-seven of the forest, fish and .game law la 'herebicainended to read as follows: i 157. Dutchess and Sullivan counties. SuoWrs may be taken with nets through the lee i n Crumeibow creek In the towns of Hyde Park and Clinton. Dutchess coun- ty, end-by hookuis^througn the let from the waiters in Sullivan oounty. -12. This act shall take effect Immediately. State of New fork, Office of th* Secretary of fltate* ss. 1 Mre compared the preceding with the origins! law an file In thie ofRce, *naV do hereby certify that the same U si enroot transcript therefrom -and of the whole of ' Jriimal law f B4KUHL S. KOITNIO Secretary of state. LAWS OF NEW YORK—By Authority. CHAP. 667. AN ACT to amend the forest, fish and game law, generally. Became a law June 24. 1910, with the ap- proval of the Governor. Passed, three- flfttas being present The People of the State of New York, represented. In Senate and Assembly, do enact-as follows: Section 1. Section thirteen ot the forest, fish and game law is hereby amended to read as follows: i 13. Compensation, of game protectors. The chief game protector shall receive an annual salary pf two thousandSflve hun- dred dollars a year and his actual and necessary expenses while In the discharge of his official duties, not exceeding' one thousand dollars a year. The first assist- ant chief protector shall receive one thou- sand six hundred dollars a year. The chief protector, or the first assistant chief protector during such time as he shall be required by the commissioner to reside constantly In Albany shall receive an ad- ditional salary at the rate of fifty dollars per~morrth together--with his necessary traveling and Incidental expenses while absent from the city of Albany in the discharge of his official duties. The sec- bnd, third, fourth and fifth assistant chief protectors and each division chief protect- or Bhall each receive one thousand two hundred dollars a year. Bach assistant chief protector and each division chief shall receive his necessary traveling and Incidental expenses while In the discharge of their official duties not exceeding sev- en hundred and fifty dollars a year. Other protectors shall receive nine hun- dred dollars a year and an allowance for expenses not exceeding five hundred dol- lars a year. Each of the two game pro- tectors appointed to 'protect fish In Ja- maica bay shall receive not to exceed thirteen hundred dollars a year and ao- tual and necessary traveling and inciden- tal expenses while In the discharge of '\their official duty, not exceeding four hundred and fifty dollars each year? ! 2. The forest, fish and game law Is hereby amended by adding thereto, after section thirty-two thereof, a new section, to .be section thlrty-two-a, to read as fol- lows: S 32-a. Game and bird refuge: The com- missioner may, on the request of a- ma- jority of the town board of any town, prohibit Or regulate the taking of birds or game on lands set aside with the consent of the owner or owners ^hereof as bird and game refuges for a period of not to exceed ten years from the date set in the application. At least thirty days before such prohibition or regulation shall take effect a copy of the same shall be filed In the office of the clerk of the town to which the prohibition or regulation ap- plies, and printed copies thereof, at least one foot square, Bhall be posted along the boundaries of the land affected, not more than fifty rods apart* ^Whoever shall vio- late or attempt to violate any such prohi- bition or regulation la guilty of a misde- meanor and in addition thereto shall be liable to a penalty of one hundred dollars toi* each\ violation. 5 8. Sections forty, sixty-nine, seventy- three and seventy-four of the forest, fish and game law are hereby amended to read, respectively, as,follows: S 40. Powers of commissioner. The com- missioner shallr^ fc Have the care, control and supervision of the forest preserve and all public parks described in this article; and make from time to time rules for the use, care and administration thereof and-enforce the same; but ho such rule shall affect the -free use of any road or.waterway as the same may have been heretofore lawfully used, or may be reasonably required In the prosecution of lawful business, 2. Lay out roads and paths in such pub- lic parks and issue licenses on such terms as he may impose for guides or other persons engaged In business therein. 3. Possess all the powers relating to the forest preserve and the, Adirondack park which were vested In the commissioners of the land office and in the comptroller on May fifteenth, eighteen hundred and eighty-five. 4. Males rules for the prevention of for- est fires and cause the same to be posted In all proper places throughout the state. 6. Prepare and distribute tracts glving' information oh the care and: renewal of private woodlands, and with the approval of the commissioner of education and the regents of the university, eupply to schools, academies and colleges the means of Instruction In forestry. 6. Said commissioner may and is hereby given the exclusive power to bring. In the name of the people of the state, any ac- tion, or special proceeding In a. court of justice or before the comptroller of the state to set* aside the cancellation of any sale-of land for taxes or t o ascertain and determine the title to lands'in the Adiron- dack park or in the forest preserve, claimed by any person or-persons, asso- ciation or corporation adversely to the state, and. If such lands are held or occu- pied by or under such claimants, to re- cover the possession thereof; and to de\- mand an accounting and recover damages for any timber cut or moved : from any lands involved in any-such action, and, if demanded in the complaint, to recover triple damages therefor; and for such purposes may bring any action or special proceeding which an owner of lands would be entitled to bring. Said commis- sioner- may make any- demand, 'tender or dfTer, before or after commencing any action or special proceeding, deemed nec- essary or proper for' the purposn of enti- tling It to enforce or defend any right or claim on behalf of the state, and may. In its discretion, settle and compromise any suits and special proceedings authorized \by this section and adjust the claims in- volved therein. Said commissioner may and IS hereby given power to bring. In .the name of the people of the state, any action or proceeding In a court of Justice which an owner of land would be entitled to bring-to perfect the state's title or rec- ord title?to land owned or claimed by it in the forest, preserve counties of the state, and any other action or special proceed- ing with respect to such lands -which an owner ot lands Would be entitled to bring: Said commissioner may empidy attorneys and counsel to prosecute any such action or special proceedings, or to defend any such action or special proceeding or any action, or proceeding brought against the commissioner or any of 1U members, aris- ing out of their official conduct with rela- tion to the forest preserve. The compen- sation and disbursements of such attor- neys and counsel shall be, fixed by the commissioner. All such actions shall be brought in the county where the lands are located, and a preliminary or final In- junction msy. on application In an action brought under this section, be granted re- straining any act or trespass, waste or destruction upon any lands, within the Adirondack park, or th the forest pre- serve, claimed or owned by the state, or which may hereafter be acquired by the state. IM Fire districts and flr« patrols. For the prevention and lighting of forest fires, the commissioner shall, from time to time, make and enforce sue* rales .and regula- tions a s may be necessary, and proper for the government an* direction of the fire patrol system provided for In this act Within sixty days after this, act shall take effect (he commissioner Bhall' divide lands which are In the forest preserve counties of the state into suitable arid convenient fire districts not exceeding five in num- ber; he may immediately thereafter, for each such fire district, appoint a superin- tendent of fires who shall act during the pleasure of the commissioner at an annual salary of fifteen hundred dollars arid necessary traveling /expenses. The com- missioner may from time to time transfer such superintendents from one fire dls-' trlct to another. In every town the su- pervisor shall be a member of the fire patrol by virtue ot his office, and shall at all times co-operate with and carry, out the directions, rules and regulations of the commissioner In preventing and fight- ing forest fires. If the supervisor he ab- sent when the fire occurs the commts- sloner-or -any supecintendent-of ficea^nay call' upon and compel any member of the town board of the supervisor's town to act in place of and for such absent super- visor. The commissioner 1 may formulate and enforce rules and regulations for the organisation and maintenance of local fire companies to prevent \and fight forest fires In the forest preserve counties of the state, and he may engage such men tor that purpose as jnay Jiajxecassarsi, He shall, when necessary, provide all proper fire-prevention and fire-fighting appara- tus and establish observation stations and employ men to attend them. He shall also, when- necessary, .provide fire signals and adopt a fire signal code for use there- with and provide such, other means of communication as shall be necessary, in the public Interest to prevent and fight forest fires. He may cause. trails to be cut, ditches to be dug and barriers to be ereoted in the forest of such forest pre- serve counties as may, in His judgment, be necessary to enable all persons qulokly to reach the location of fires and, to pre- vent and fight the fires. J 73. Fires to clear land. Fallows, stumps, logs, brush, dry grass or fallen timber shall not be burned in' the terri- tory hereinafter described from April twenty-first to May thirty-first, both In- clusive, or from September sixteenth to November tenth, both inclusive. From June first to September fifteenth, both in- clusive, such fires may be set therein if written permission of the superintendents, fire patrol or 'supervisor of the town or district to which the fire is set has been first obtained. If in a locality near forest or woodland, the superintendents, fire pa- trol or supervisor shall be personally present when the fire is started. Such fires shall not be started during a heavy No jack: light or other artificial light shall bo used* in taking deer. 177. Possession, of deer or venison. Deer or venison may be possessed or sold from September sixteenth to November, fifth, both lnclnslve. Possession ot deer, or venlsop from midnight of October thir- ty-first to midnight of November fifth shall be presumptive evidence that the same was unlawfully taken by the pos- t 78. Transportation. Deer or venison killed in this state shall not be trans- ported from or through any county, or possessed for that purpose, except as fol- lows: One carcass or a part thereof at one time may be transported from the county where killed when accompanied by the owner. No person shall transport or ac- company more than two deer in any year under this section. Deer or venison killed -ln--thls--state-may- be*accompanled,-hy- a common carrier tor transportation from September sixteenth to November first, both Inclusive, but if possession is ob- tained for transportation after September fifteenth and before midnight of Novem- ber first, it may, when accompanied by the owner lawfully remain, in the posses- sion Jot such common carrier the addition- al time necessary to deliver the same to its destination. Possession of deer or ven- ison by a common carrier, or by any per- son in its employ while engaged in the business of such common carrier, unac- companied by the owner shall constitute a violation ot this section by such common carrier. This section does not apply to the head, feet or skin of deer legally taken If carried separately, nor shall it apply to domesticated deer propagated in wholly inclosed deer parks, when ship- ments made from such parks are accom- panied by a permit Issued by the forest, Ilsh and game commission under condi- tions prescribed by the commissioner. 5 Si. Black and gray squirrels. The open season for black and gray .squirrels shall be from October first to^'November thir- tieth, both inclusive. They shall not be taken, possessed or sold at any other time. In Richmond and Niagara counties there shall be no open season for black and gray squirrels. 3 82. Hares and rabbits. The open sea- Son for hares arid rabbits shall be from October first to February- fifteenth, both Inclusive, except in Fulton county, where the open season shall be from Ootober first to January fifteenth, both Inclusive. Hares and rabbits native In this state shall not be taken, possessed or sold at any other time. No person shall take more than ten hares or rabbits In any one , j ,.,. * -, , . . -, . ..^ day. Nothing in this section shall pre- wind or without suflis^ hgapj^sent to UenLthe^jisner or occupant of inclosed control _the same, and theTamesEau \Be nr n „ ounl ^ffarm laSds orThrfr smnloveea watched by the person setting the fire until put out. Any person violating any provisions of this section Is guilty- of a misdemeanor, and In addition thereto la liable to a penalty ot not less than fifty dollars nor more than three hundred dol- lars. This section applies to Hamilton, county; to the towns of Altona, Au Sable, .Black Brook, Dannemora, \Qllenburg and Saranac, Clinton county; the towns ot Andes, Colchester, Hancock and Middle- town, Delaware county: the towns of Chesterfield, Ellzabethtown, Jay, Keene, Lewis, Minerva, Morlah, Newcomb, North Elba, North Hudson, Saint Armand, Schreon and Wilmington, Essex county; the towns of Altamont. Belmont, Brigh- ton. Duane, Franklin, Harrletstown, Santa Clara and Waverly, Franklin county; the towns of Bleecker, Caroga, Mayfleld and Stratford, Fulton county; the towns of Hunter, Jewett, Lexington and Windham. Greene county; the towns ot Ohio, Russia. Salisbury, Webb and Wilmurt, Herkimer county; the towns* of Croghan, Diana, Grelg, Lyonsdale and Watspn, .Lewis county; the towns of Forestport and Remsen, Oneida county; the towns of Corinth, Day, Edlnburg and Hadley, Sara- toga county: the towns of Clare, Clifton, Cotton, Fine, Parlsh-rille, Plercefleld, Pit- cairn, Saint Lawrence county; the towns of Neverslnk and Rookland, Sullivan county; the towns of Denning, Harden- burg, Olivet Rochester, Shandaken, Sha- wangunk, Wawarslng and Woodstock, Ul- ster county; the to\gns of Bolton, Cald- well, Chester, Hague, Horicon, Johns- burgh,. Luzerne, Stony Creek, Thurman and Warrensburg, Warren county; .the towns of Dresden, Fort Ann and Putnam, Washington county. S 74. Forest fires prohibited. Any person who sets fire to Waste or forest lands in the forest preserve counties of the state, except as provided by section seventy- three, or who negligently suffers a fife to extend tram bis own lands to any other lands, is punishable, pn conviction, under section fourteen hundred and twenty-one or section nineteen hundred of the penal law as the case may be. Such' person shall also be liable to the state for dam- ages caused by such wrongful act arid to a penalty of ten dollars tor each and every tree s o killed or destroyed, which penalty may be recovered in the action to recover damages or in a .separate action, and shall-also be liable to any inuniclpal- lty, corporation, or person for any dam- ages caused by such wrongful act, and the person so injured may at his option sue for and recover damages, or damages at the rate of one dollar for each tree killed. Damages to state lands shall be ascertained and determined by the value of the timber thereon, taken at the value the said timber would have if the said lands were owned- by private individuals. The fact that any fires started on or ex- tended over from lands or rights of way owned or leased or used by any railroad company or by any other.person using, manufacturing or producing any coal, -wood, oil or other fuel or any inflamma- ble material thereon for other than do- mestic purposes, shall be prima facie evi- dence that the said fire was set or started thereon : or suffered to extend therefrom by the wilful negligence of the said per- son. It state lands in the forest preserve be damaged as aforesaid, an action to recov- er the dam<tges.«erid penalties as aforesaid shall be maintained In the name of the people; oh the order of the commissioner by counsel designated by him, and recov- ery shall: be had therefor. Any' money* necessarily expended by the state, munici- pality, or other person, in fighting fires upon waste or forest lands In the, forest preserve counties of the state may be sued for by the state, municipality, or per- son expending the moneys and recovered from the person-causing the fires a s single damages\ In addition to the damage or damages at the rate of one dollar and in addition to the penalty or penalties of ten dollars for each tree killed, 'provided for as aforesaid, 14. Sections seventy-six, seventy-seven; •seventy-eight, eighty-one, eighty-two, eighty-four, eighty seven, eighty-eight, ninety-two, ninety-three, ninety-six, one hundred three, one hundred five, one hun- dred six, one hundred nine, one hundred fifteen, one hundred twenty-two. one hun- dred twenty-three, one hundred twenty- six, one hundred thirty-five, one hundred forty-three, one hundred forty-seven, one hundred fifty one. one hundred flfty-tbree,- one hundred fifty-four, one hundred.slxty- elght, arid one hundred severity of the for- est, fish and game law are hereby amend- ed to read, respectively, as follows: 'I 76. Deer; open season. The open sea- son for all deer shall be from September sixteenth to October thirty-first, both in- clusive, in wholly inclosed deer parks and hi the counties of Clinton, Dutchess, Es- sex, Franklin,; Fulton, Hamilton, Herki- mer, Jefferson, Lewis, Oneida, Saratoga, Saint Lawrence. Warren and Washington, except In all that portion of Oneida, Lew- is and Jefferson counties lying- westerly' of the \Otlca and Black River railroad from Dtlca to Ogderisburg where there shall be ho open season. The open sea\ son tor deer In Ulster county and In the towns of Cochecton, Tusten, Highland, Cumberland, ForestbuKS and Bethel'and ail that section of the towns of Mama- kstlng arid Thompson lylhr south of the Newburgh and Cohocton turnpike In Sulli- van oounty arid the town of Deer Park in Orange county shall bo from October six- teenth to October thirty-first, both inclu- sive. Deer shall not be taken at any other time Or possessed except as provided by sections seventy-seven and seventy-eight. There shall be no open season\ for deer elsewhere in the state, except on Long island as hereinafter provided. No per- son shall take more than two deer Irian, open season. No person shall take any wild deer between sunset and sunrise. No wild deer shall be taken While In water. Deer may be taken alive at any time by in* commission, to restock the state'* deer parks' or to exchange for elk of moose. Fawns m the spotted or red coatshal! riot be taken nor shall any part (Hereof be possessed at any time. No traps, (alt: lick or other device to entrap or entice defer shall be made, set or used,, nor shall any deer be taken by aid or use thereof. or occupied farm lands orThelr employees from taking hareB and\ rabbits on such owner's or occupant's premises at any time to prevent their injuring property. There shall be no close season for Bel- gian hares, Jack rabbits or rabbits bred In captivity. 9 81 Mink, skunk, muskrat and sable. The open season for mink, skunk, mar- tin, or sable shall be from November first to March fifteenth, both inclusive. The open season for muskrat shall be from November first to April fifteenth, both Inclusive. They shall not be possessed or killed at any other time. Muskrat houses shall not be Injured or destroyed at any time. Nothing in this section shall prohibit the taking or killing at any time of skunks which are Injuring property or which have become a nuisance. 9 87. Wild fowl; open season. Ducks, geese, brant and 'swan may be taken from September sixteenth to January tenth, both inclusive, and possessed from September sixteenth to January fifteenth, both Inclusive; they shall not be taken In the night after sunset until sunrise; they shall not be taken or possessed at any other time. There shall be no open sea- son at any time for wood duck., Ducks, geese, brant and swan taken without the state may be sold or offered for sale within the state between January tenth and March first, provided the person who sells or offers the same for sale shall have given to the commissioner a bond to the people of the state, as hereinafter provided, approved by him as to form, amount and sufficiency of sureties. Such bond shall be conditioned that such per- son 'shall not have In his possession or sell between January tenth and March first of each year, ducks, geese, brant and swan taken within this state, and shall contain such other provisions as to in- spection of ducks, geese, brant and swan possessed by him, evidence that the same were taken without the state, by way of bill of sale, way bill or otherwise, and generally such requirements as the com- missioner may deem necessary to secure the enforcement of this section. .Ducks, geese, brant and swan taken without the state shall not be possessed or sold under the provisions of this section unless the person who possesses, sells or offers for sale ducks, geese, brant and swan taken without the state shall have' given to the commissioner the bond as hereinbefore provided. Possession of ducks, geese, brant and swan by any person shall be presumptive' evidence that they were tak- en in this state, provided that such pre^ sumption Bhall hot attach to the posses- sion between January tenth and Maroh first of ducks,' geese, brant and swan by any person, who shall have given to the. commissioner the_,bbnd, as hereinbefore provided, so long as the same shall re- 'maln in force; nor shall' Such preautrip- tlori attach\ to possession of ducks, geese, brant arid swan by any person purchasr trig the same for consumption from a per- son whose bond h\ in JCOrce as aforesaid. But no.presumption that ducks, geese.- brant or swan are: possessed free from the presumption that they were taken in this state, as herein provided, shall arise In any action or legal proceeding until it affirmatively appears that the provisions of this section have been complied with. Any person violating the .provisions of such bond shall be* denied the privilege of giving another bond under, this section. 9 88. Manner of killing. Ducks, geese, brant arid swan shall not.be taken except with a~gun fired at arm's\ length without rest They shall not be pursued .by nor tlrej at from any sailboat or powerboat, nor from* any boughhouse or Boating de- vice used to conceal the hunter If more than fifty feet front shore, or a natural growth of flags. Fowl taken In violation of law shall not be brought ashore, sold or possessed^-'—^ - - — --— ^~- I 92. Grouse, woodcock and quail not to be bought or sold. Grousef. woodcock arid quail taken In this state shall' riot be bought; sold or offered tor sale within this state, or carried without the state, nor shall grouse, woodcock or quail-taken without the state be bought, sold or of- fered for sate within the state .utiles*-the- person who offers for, sale or sells grouse, woodcock or quail taken Without' the state shall have given to the commission- er a bond to the people ot the state, as heremafter provided, approved by Win as to form, amount and sufficiency ot sure- ties. -Such bond-shall be conditioned that such person shall riot have In his posses- sion or buy or sell, grouse. Woodcock or quail taken in this state; and shall con- tain such other provision* as to Inspec- tion of grouse,\ woodcock or quail post aessed by him, .evidence that the same were taken without the state. 'Bf. way of bill ot-sale, waybill or otherwise, and gen- erally such requirements as the. commis- sioner may deem necessary to secure the enforcement of this section;. Possession of grouse, woodcock or-quail by any perv county prior to October first; nineteen hundred arid thirteen. } 96.; Mongolian ring-necked and Eng- lish or other pheasants. There shall be no, open season for Mongolian 1 ririg-neck- ed, English or other pheasants,, nor shall the same be killed or possessed; except in the .counties of Fulton, Livingston, Mon- roe, Ontario, Orleans, Wayne, Suffolk, Seneca, 'Niagara, Yates, Cayuga, Erie,. Genesee, Oswego, Wyoming and Dutchess, 'prior to October, nineteen hundred and. fourteen;, provided, however, that in the counties of Livingston, Monroe, Ontario, Orleans; Seneca, Niagara, Yates, Cayuga, Erie, Genesee, Oswego, Wyoming and Wayne the cock or male of said pheasants may be taken on Thursdays and Saturdays In the. month of October, and possessed during said month of October, but the bur- den of proof shall be on the possessor to show, that the..some .were legally taken.,In . accordance with the provisions ot this section, .and the said pheasants shall not be sold or offered for sale at any time, nor shall any person kill, take or possess more than three of said pheasants In any one year, and it Is further provided that pheasants bred or purchased and liberat- ed In Suffolk, Dutchess and Fulton coun- ties, by the game clubs and private own- ers, may be possessed In Greater New York for consumption but not for sal& Mongolian ring-necked, English or other pheasants may be taken or possessed in the counties of Suffolk and Dutchess from November first to Docember thirty- first, and in Fulton county, from Septem- ber sixteenth to November thirtieth, both inclusive. They shall not be taken or possessed at any other time. In nineteen hundred and fourteen, the open season«Jn counties now closed shall Jie as It now Is in Livingston county. § 103, Birds and game not to be trans- ported. Birds or quadrupeds or parts thereof, game, except fish taken In this state, shall not except as herein provided and as provided in section one hundred and four, be transported without the state; nor. shall the same be taken or pos- sessed with Intent to transport the same without the state. Any person doing any act with reference to such birds or game or In aid of such taking or transportation shall be deemed to have violated this sec- tion. No person shall at .any time trans- port any birds or fish for which a close season is provided in any package unless the kind and number of suoh birds or fish shall be plainly marked on the outside of said package, together .with the names of consignor and consignee, the initial point of billing and the destination. The re- ception by any person or common carrier within this state, of any suoh bird or birds or fish for shipment In,an unmark- ed\ package shall constitute a violation of this section by such person or common carrier. This section does not apply to fish taken or produced without the state provided the same shall be transported withlri the state from points not less than fifty miles from the state line, nor docs it apply to the head, feet or skin of deer when severed from the carcass, or to quadrupeds named in section eighty-four of this act. 9 106. Penalties. A person who violates, - or falls to perform any duty Imposed by, any of the provisions of this article Is guilty of a misdemeanor, unless other- wise provided, and Is liable -to a penalty of sixty dollars and an additional penalty of twenty-five' dollars for each \bird or quadruped or part of bird or quadruped bought, sold, offered for sale, taken, pos- sessed, transported or had in possession for transportation in violation thereof. A nonresident or alien who violates any of the provisions of section one hundred and four Is guilty of a misdemeanor and Is liable to a penalty of one hundred dollars for each violation thereof. 9*106. Trout; open season. The open season for trout shall be from April six- teenth to August thirty-first, both Inclu- sive, except In the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Sara- toga, Saint Lawrence, Warren, and Wash- ington and in that portion of Herkimer county north of the Mohawk river, where the season sball be from May first to Au- gust thirty-first, both inclusive, and ex- cept in Allegany, Cattaraugus, Chautau- qua, Cortland, Livingston, Tioga and Wy- oming counties where the open season shall be from April sixteenth to July fif- teenth, both Inclusive, and except in the Genesee river In the county of Allegany, to Spring brook In the county of Living- ston, in the west branch of the Oatka creek in the town of Gainesville hi the county of Wyoming, and in that part of Cattaraugus creek which Is In the coun- ties of Cattaraugus and Chautauqua where the open season shall be from Aprli sixteenth to August thirty-first, both In- clusive, and in the county of Chenango where the open season shall be from April sixteenth to July thirty-first, both inclu- sive. Trout shall not be takeft or pos- sessed at any other time, nor shall trout taken In any of the waters of the state be sold or offered for sale. Trout less than six inches In length' shall not be taken or possessed. This section shall not apply .to private hatcheries In sale jot trout, or for propagation. 9109. Lake trout and whlteflsh, open season. The open season for lake trout and whlteflsh shall be from May first to August thirty-first, both inclusive, except in Lakes Erie and Ontario' where the open season tor lake trout and whlteflsh shall be from January flrst to Ootober thirty- flrst, both inclusive; and except in ther counties of Ulster, Sullivan, Orange, Rockland, Westchester and Richmond, where the open season for lake trout shall lie from May first to June thirtieth, both 'inclusive, and except In Lake iveuka, where the open season for lake trout shall be from April sixteenth to August thirty- first, both inclusive. Lake trout less than fifteen Inches in length shall not be token or possessed. Lake trout or white- fish shall not be taken or possessed at any other time, except in Skaneatles and Keuka lakes when the open season for lake trout shall be from April sixteenth to October thirty-first, both Inclusive, pro- vided that during the close season any person may buy, possess or sell lake trout or whlteflsh taken without the Btate If suoh person will at all times permit the commission or any member or officer thereof a full examination of bis books and papers relating to the purchase and sale of fish, and will, when required by . .the commission, furnish the original In- voice or invoices, freight or express re- ceipts used in the. transportation thereof. i 116. Black bass; open season; size and catch. The open season for black bass shall be from June sixteenth to. December thirty-first, both Inclusive. They shall not be^ taken or possessed at any other -tune. Black bass less than ten inches In length shall not be taken. Sinall-mouth blaok bass less than twelve Inches In length* shall not be taken in the waters of Putnam county. No person shall take more than twenty-four black bass In one day. Whenever two or more persons are'angling from the same boat, they shall not take more than thirty-six\ bass In one day. Black bass shall riot be pos- sessed in any county during the season that is closed throughout the entire coun- ty, or when they are unlawfully taken. Bass shall hoi be taken in any manner, except by angling, in any of the waters ot this state, nor shall bass so taken In any of the waters of the state be sold or of- fered for sale. {122. TIp-ups., Bullheads, catfish, eels, perch, sunflsh, arid, except during the son shall be presumptive evidence that \months of March and April, pike and they were taken in this : state,'- provided that such presumption shall not. attach to the. possession of grouse, woodcock or quail by any person who shall have given to-the commissioner the' bond? a s herein- before provided, so long a* the same shall be In force; nor shall, such-presumption attach to possession of grouse, woodcock or quail by any person, purchasing the same for consumption from a person whose bond is in force a*- aforesaid; slut no presumption that grouse, woodcock or quail ate possessed tree -from the. pre-' sumption that they ware taken in this state, as herein provided, shall arise in any action or. legal proceeding until It affirmatively appear* that the provisions Of this section have been complied with. Any person violating the provision* of such bond sball .be denied the privilege of giving another bond under this section. 1 Si. woodcOck, grouse and quail not to be possessed. Woodcock.' grouse and quail shall not be sold or possessed dur- ing the close season, except In the month of December and flrst two day* of Janu- ary, shd possession or sale thereof during, December ana the first two-days In Janu- ary, shall be presumptive evidence that they were unlawfully taken by the pos- sessor. There shall be no open season tor woodcock, grouse and quail In Dutchess pickerel may 'be taken through the Ice with a hook and line or tlp-ups in water not inhabited by trout. But no person Shall operate or control at the same time more than five tlp-ups, except in Rdneoye lake, Cariadlce lake arid Coriesus lake arid Oneida lake, where fifteen may be need, and such person shall at all times said lines are set be. personally present and have personal supervision and con- trol over the same. - 1128. Eel Weirs and eel-pots. Eel weirs the lath* of which are not less than one Inch apart, may be maintained In waters riot inhabited by trout other than the tributaries of the Chemung river in the counties of Steuben and Chemung, the waters of Cayuga county, the Delaware river, the Chenango river In Broome coun- ty, provided there be at tow waters clear passage In the said weir not less than ten test wide for the passage of boats arid flsh. In the Susquehanna river eel weirs may be maintained, provided ther* be at low water a clear passage on one side of said weir riot less than thirty feet Wide, twenty feet of which shall have a depth of at least eighteen Inches, for the pas- sage of boat* and. flsh, and such weirs shall have stakes only at the mouth and Outlet of the rock and the outlet of the weir. Eel pots of such form as may he -*vqv? si 1 km . , «jl &• •^1 ^31 n aS| J .,--• 1 1 m •M% m i \S
