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State Hospital for Tuberculosis (L. 1900, ch. 416). 8 13.

chase of lands therefor, as provided in this act, binding such city, to assist the state in the purchase of lands contracted for under the provisions of this act, and for the erection thereon of buildings for the use of the said New York state training school for boys.

(5) Care, custody and disposition of children. L. 1884, ch. 438, § 2. Children not to be sent to certain institutions. (C. & G. Gen. Laws, p. 607.)

Employment of agent by superintendent of poor to place out children.- An agent employed by a superintendent of the poor, under a resolution adopted by the board of supervisors, to place out or provide homes for indigent children, need not be licensed by the state board of charities under L. 1898, ch. 264; and his expenses are a proper charge against the county. People ex rel. Spaulding v. Supervisors, 66 App. Div. 117.

(6) State Hospital for Tuberculosis. L, 1900, ch. 416, 88 13 and 15 (See C. & G.'s General Laws, etc., p. 633), amended by L. 1902, ch. 108, in effect March 12, 1902, as follows:

$ 13. Free patients.-- The trustees of said hospital to be appointed under and pursuant to the provisions of this act, and their successors, are hereby given power and authority to receive therein patients who have no ability to pay, but no person shall be admitted to the hospital who has not been a citizen of this state for at least one year preceding the date of application. Every person desiring free treatment in said hospital shall apply to the local authorities of his or her town, city or county having charge of the relief of the poor, who shall thereupon issue a written request to the superintendent of said hospital for the admission and treatment of such person. Such request shall state in writing whether the person is able to pay for his or her care and treatment while at the hospital, which request and statement shall be kept on file by the superintendent of the hospital. Such requests shall be filed by the superintendent in a book kept for that purpose in the order of their receipt by him. When said hospital is completed and ready for the treatment of patients, or whenever thereafter there are vacancies caused by death or removal, the said superintendent shall thereupon issue a request to an examining physician, appointed as provided for in section twelve, in the same city or county, and if there be no such examining physician in said city or county, then to the nearest examining physician, for the examination by him of said patient. Upon the request of such superintendent said ex

State Hospital for Tuberculosis (L. 1900, ch, 416), 15.

amining physician shall examine all persons applying for free admission and treatment in said institution, and determine whether such persons applying are suffering from incipient pulmonary tuberculosis. No person shall be admitted as a patient in said institution without the certificate of one of said examining physicians certifying that such applicant is suffering from incipient pulmonary tuberculosis, and if upon the reception of a person at such hospital, it is found by the authorities thereof that, he is not suffering froin incipient pulmonary tuberculosis, or is suffering from pulmonary tuberculosis in such an advanced stage as to prevent his deriving any benefit from care and treatment at such hospital, he shall be returned to the place of his residence, and the expense of transportation to and from the hospital shall be paid by said local authorities. Admissions to said hospital shall be made in the order in which the names of applicants shall appear upon the application book to be kept as above provided by the superintendent of said hospital, in so far as such applicants are subsequently certified by the said examining physician to be suffering from incipient pulmonary tuberculosis. Every person who is declared as herein provided to be unable to pay for his or her care or treatment shall be transported to and from the hospital at the expense of said local authorities, and cared for, treated and maintained therein at the expense of the municipality which would otherwise be chargeable with the support of such poor or indigent person; and the expense of transportation, treatment and maintenance shall be a county, city or town charge, as the case may be. (Amended by L. 1902, ch. 108, in effect March 12, 1902.)

§ 15. Support of free patients. - At least once in each month the superintendent of the hospital shall furnish to the comptroller a list countersigned by the treasurer of the hospital of all the free patients in the hospital, together with sufficient facts to enable the comptroller to collect from the proper local official having charge of the relief of the poor such sums as may be owing to the state for the examination, care, treatment and maintenance of the patients who have been received by the hospital and who are shown by the statement of such local official to be unable to pay for their care, treatment and maintenance. The comptroller shall thereupon collect from the said local official the sums due for the care, treatment and maintenance of each such patient at a rate not exceeding five dollars per week for each patient. (Amended by L. 1902, ch. 108, in effect March 12, 1902.)

General City Law (L. 1900, ch. 327). $$ 15, 31.

CHEESE.

See Agriculture.

CITIES.

(1) Amendments to general city law.....
(2) Amendments to second class cities charter.
(3) Salaries in cities of second class for 1901. .....
(4) Annual financial reports, cities of first and second class...

137 138 155 155

(1) The General City Law. (L. 1900, ch. 327.) $ 15. Operation of crematories for disposal of garbage.A crematory owned or controlled by any person or corporation or by a city, for the consuming of garbage or other refuse matter from any city, shall be so operated by the use of coke, charcoal, or other fuel device or method that the noxious gases and fumes arising from the consumption of such garbage or other refuse matter shall be burned or disposed of without offense to the persons residing in the neighborhood of such crematory. The city authorities or the person or corporation owning or controlling such crematory shall cause the necessary devices, and fuel or other supplies to be furnished for the consumption or proper disposal of such gases and fumes. Any city employe or other person operating such crematory who shall fail or neglect to use the devices and supplies furnished for such consumption or disposal shall be guilty of a misdemeanor. (Added by L. 1902, ch. 168, in effect March 15, 1902.)

$ 31. Notice; how given.— In a city of the first class such notice shall be given by the mayor by causing such notice to be published for two successive days in two daily newspapers published in such city, to be designated by him. In a city of the second class, or of the third class in which a daily newspaper is published, such notice shall be given by the mayor by causing such notice to be > published for three successive days in a daily newspaper published in such city to be designated by him. In a city of the third class, in which no daily newspaper is published, such notice shall be given by the mayor by causing such notice to be published one or more times in a weekly, semi-weekly or tri-weekly newspaper published in such city, to be designated by him, at least three days prior to

Second class cities charter (L. 1898, ch. 182). § 13.

the day fixed for such hearing, and in a city of the second or third class, he shall also cause a copy of such notice to be served upon each member of the legislative body of such city, either personally or by mail at least two days before the day fixed for such public hearing. Such notice shall also contain the title of the bill and any explanatory statement concerning the same which the mayor shall deem advisable. (Amended by L. 1902, ch. 353, in effect April 3, 1902.)

§ 40. Examining boards of plumbers in cities. (C. & G.'s Gen. Laws, 650.)

Appointment of examining board of plumbers.— This section is applicable to the city of Geneva, although the charter of that city (L. 1897, ch. .360), does not provide for the appointment of such a board, and imposes the duty of supervising the plumbing of the city upon the board of health. The provisions of this article of the city law cannot be considered as directory merely. They are mandatory. Where a question of fact arises as to whether or not there are persons within the city eligible for appointment to such a board an alternative writ of mandamus should be granted so that this question may be determined. People ex rel. Van Deren v. Moore, 78 App. Div. 28, 79 N. Y. Supp. 7.

$ 46. Registration of plumbers, when required. (C. & G. Gen. Laws, etc., p. 653.)

Services performed by unregistered plumber.- The failure of a master plumber to register as provided in this section, precludes a recovery for work performed by him in violation of the statute. Johnston v. Dahlgren, 166 N. Y. 354, affirming, 48 App. Div. 537, 62 N. Y. Supp. 1115.

$ 150. Attempting to deliver or sell less than a legal ton of coal. (C. & G.'s Gen. Laws, p. 667.)

Sale of short-weight coal.-- Where coal dealers of a city of the first or second class are sued for the penalty imposed by the above section, for selling less than 2,000 pounds by weight to a ton of coal, and the plaintiff proves that the coal in question weighed less than that amount at a public scale, they can only meet such proof by saying that the coal when it left their yard weighed the full 2,000 pounds. City of New York v. Henderson, 39 Misc. 351, 79 N. Y. Supp. 877.

(2) Second Class Cities Charter. (L. 1898, ch. 182.) § 13. President and aldermen; salaries of aldermen.— There shall be elected at the first election under this act, and at the city

Second class cities charter (L. 1898, ch. 182), SS 14, 19.

election every two years thereafter, a president of the common council from the city at large, who shall receive an annual salary of one thousand dollars, and one aldermen from each ward of the city who shall have been a resident in such ward for at least five months prior to such election, who shall hold their offices for two years; and the aldermen thus elected shall constitute the common council. The annual salary of each alderman shall be, in a city having a population, as appears by the last federal census of less than one hundred thousand, five hundred dollars, in a city having a population of more than one hundred thousand, as aforesaid, seven hundred and fifty dollars. (Amended by L. 1901, ch. 534; L. 1902, ch. 221, and L. 1904, ch. 133, in effect March 28, 1904.)

L. 1902, ch. 221, § 2. Nothing herein contained shall be deemed to repeal or in any manner affect the validity or operation of chapter three of the laws of nineteen hundred and two.

The amendment to the above section made by L. 1901, ch. 534, provided for salaries to aldermen, and took effect April 25, 1901. Chapter 3 of the laws of 1902, provided that the amendment made in 1901, should not take effect until January 1, 1902. Section 2 of L. 1902, ch. 3, is as follows:

§ 2. Nothing in this act contained, nor in chapter five hundred and thirty-four of the laws of nineteen hundred and one, shall be taken or held as granting or conferring any salary to any aldermen of any of the cities of the second class, for services as such alderman, for any part of the year nineteen hundred and one; and no action at law or other proceedings shall be had or maintained, or judgment recovered, in any of the courts of this state for or on account of salaries for or on behalf of any such alderman, for services as such, for any part of the year nineteen hundred and one.

$ 14. Meetings of council; president.- (C. & G. Gen. Laws, p. 675.)

The president of the common council has not the same right to vote as an alderman upon the questions coming before the common council for its action. His right to vote “like other members ” is expressly limited to resolutions and ordinances submitted, and then only “in case of a tie vote." He has no power to vote upon the designation of an official newspaper under section 22 of the charter, even in the case of a tie in the votes cast for them. People ex rel. Argus Co. v. Bresler, 171 N. Y. 302, affirming, 70 App. Div. 294, 75 N. Y. Supp. 209.

$ 19. Ordinances; franchises.- No ordinance shall be passed by the common council on the same day in which it is introduced, except by unanimous consent, and no appropriation of money shall be made for any purpose, except by an ordinance, passed by three

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