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Laws Repealed; When to Take Effect.

SS 103-111

medical superintendent of the hospital is hereby authorized to recover for the support of any patient therein, chargeable under the law to either counties or penitentiaries, in an action to be brought, in the name of the people of the state of New York, against the county or penitentiary, for the maintenance of said patient.

§ 103. Tenure of office.-Nothing in this article shall be construed to affect the tenure of office of any of the present officers of the hospital.

104. Communications with patients.-No person not authorized by law or by written permission from the superintendent of state prisons shall visit the Matteawan State hospital, or communicate with any patient therein without the consent of the medical superintendent; nor without such consent shall any person bring into or convey out of the Matteawan State hospital any letter or writing to or from any patient; nor shall any letter or writing be delivered to a patient, or if written by a patient, be sent from the Matteawan State hospital until the same shall have been examined and read by the medical superintendent or some other officer of the hospital duly authorized by the medical superintendent. But communications addressed by such patient to the county judge or district attorney of the county from which he was sentenced, shall be forwarded, after examination by such medical superintendent, to their destination.

ARTICLE V

LAWS REPEALED; WHEN TO TAKE EFFECT.

SECTION 110. Laws repealed.

111. When to take effect.

§ 110. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed.

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§ III. When to take effect. This chapter shall take effect on July first, eighteen hundred and ninety-six.

SCHEDULE OF LAWS REPEALED.

Revised Statutes, pt. 1, ch. 20, tit. 3.....

SECTIONS.
All.

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CHAPTER XXIX

OF THE GENERAL LAWS.

SECTION 1. Short title.

2. Definitions.

[CHAP. 112 OF 1896.]

THE LIQUOR TAX LAW.

3. Abolition of boards of excise, and their powers and duties.

4. The continuance of licenses.

5. The duties of existing boards of excise.

6. State commissioner of excise.

7. Office of state commissioner.

8. Deputy commissioner; secretary, clerks.

9. Special deputy commissioner in certain localities.

10. Special agents; attorneys.

11. Excise taxes upon the business of trafficking in liquors; enumeration.

12. Tax, when due and payable.

13. Officers to whom the tax is to be paid and how distributed.

14. Compensation of county treasurers.

15. Books and blanks to be furnished by state commissioner of excise.

16. Local option; to determine whether liquor shall be sold under the provisions of this act.

17. Statements to be made upon application for liquor tax certifi

cates.

18. Bonds to be given.

19. The payment of the tax and issuing of the tax certificate.

20. Form of liquor tax certificate.

21. Posting liquor tax certificates.

22. Restrictions on the traffic in liquors in connection with other business.

23. Persons who shall not traffic in liquors and persons to whom a liquor tax certificate shall not be granted.

24. Places in which traffic in liquor shall not be permitted.

25. Surrender and cancellation of liquor tax certificates; payment

of rebates.

26. Changing the place of traffic.

27. Voluntary sale of a liquor tax certificate.

28. Certiorari upon refusal to issue or transfer liquor tax certificates; revocation and cancellation of liquor tax certificates.

29. Injunction for unlawfully trafficking in liquors or without liquor tax certificate.

30. Persons to whom liquor shall not be sold or given away.

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SECTION 31. Other illegal sales and selling; definitions of "hotel" and guest"; exceptions; special liquor tax certificates in cities of the first and second class.

32. Sales and pledges; when void.

33. Persons liable for violation of this act.

34. Penalties for violations of this act.

35. Jurisdiction of courts; reports of magistrates.

35a. Jurisdiction of court of Special Sessions in the city and county of New York.

36. Collection of fines and penalties and forfeiture of bonds; reports of county clerks.

37. Duties of public officers, in relation to complaints and prosecutions under this act.

38. Penalties for neglect of public officers to perform their duty under this act.

39. Recovery of damages in a civil action.

40. Intoxication in a public place.

41. Employment of persons addicted to intoxication by common carriers.

42. Penalties; actions to recover.

43. Distribution of copies of this act by the secretary of state.
44. Laws granted and charters repealed; saving clause.

45. When to take effect.

1. Short title.-This chapter shall be known as the liquor tax law.

§ 2, Definitions.-The term "liquors," as used in this act, includes and means all distilled or rectified spirits, wine, fermented and malt liquors. The term "association" includes any combination of two or more persons, not incorporated nor constituting a copartnership. "Trafficking in liquors," within the meaning of this act, is:

I. A sale of less than five wine gallons of liquor; or,

2. A sale of five wine gallons or more of liquor, in which less than five gallons of any one kind and quality is included; or,

3. A sale of five wine gallons or more of liquor, any portion of which is intended or permitted to be drunk on the premises where sold; or,

4. A sale of five wine gallons or more of liquor, when the liquor so sold is delivered, or agreed to be delivered, in a less quantity than five wine gallons at one time; or,

5. The distribution of liquor by, between or on behalf of members of a corporation, association or copartnership, to a member thereof or to others, in quantities less than five wine gallons. (As amended by chap. 312 of 1897, § 1.)

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