and forest law," as amended by chapter five hundred and thirtyone of the laws of eighteen hundred and ninety-six is hereby amended to read as follows: § 110. Black bass, Oswego bass, pickerel pike or wall-eyed pike; close season.—Black bass or Oswego bass, shall not be fished for, caught, killed or possessed except from the fifteenth day of June to the thirty-first day of December, both inclusive, and shall not be fished for, caught or killed in the Schoharie river or in Foxes creek within three years from the thirty-first day of May, eighteen hundred and ninety-six, except in the month of August. Pickerel, pike, or wall-eyed pike shall not be fished for, caught or killed or possessed except from the first day of May to the thirtyfirst day of January, both inclusive, except as provided in section one hundred and forty-one. Provided, however, that the commissioners of fisheries, game and forest shall have power to permit the taking or destruction of pickerel at any time in the waters inhabited by trout. The provisions of this section shall not apply to the Saint Lawrence between Tibbett's Point lighthouse and the city of Ogdensburg. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each fish so caught killed or possessed. Every person fishing in the Schoharie river or in Foxes creek, or having fish in his possession caught in either of said waters, shall, whenever requested by any fish and game protector, or by any sheriff, deputy sheriff, constable, game constable or police constable, permit such officer to inspect and examine the fish taken by him or in his possession or control or in the boat, basket, creel, lock-up, or other thing occupied or possessed by him, and in case of his refusal to permit such inspection or examination he shall be liable to a penalty of twenty-five dollars for each such refusal, and such officer making such request shall have power, and he is hereby authorized, without a searchwarrant to at once proceed and make such inspection and examination of said fish, boat, basket, creel, lock-up, or other thing in his possession or control, and to use such force as may be necessary for such purpose. Such refusal, if in the open season in said waters, shall be presumptive evidence that such person so refusing had intentionally taken from said waters, in said open season, and kept and not returned thereto, one black bass less than eight inches in length, in violation of this article, and if the closed season in said waters, that he has taken one black bass from said waters during such closed season, in violation of the provisions of this section. § 2. This act shall take effect immediately. Chap. 661. AN ACT to amend section two hundred and fifty-four of the code Became a law May 22, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section two hundred and fifty-four of the code of civil procedure is hereby amended so as to read as follows: Code amended. court stenographer § 254. The justices of the supreme court, residing in the county Supreme of Kings, or a majority of them, may appoint and may at pleasure remove, nine stenographers who shall severally attend, as directed county. by the respective justices appointing them, the terms of the appellate division and trial and special terms of the supreme court, in the county of Kings and shall each receive an annual salary of three thousand dollars and the expense thereof shall be raised with the annual tax levy as a county charge. § 2. This act shall take effect immediately. Chap. 682. AN ACT for licensing and regulating bonds of auctioneers in cities of one million and over. Accepted by the cities. Became a law May 22, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and required. Section 1. No person, persons, corporation or association shall License hereafter carry on the business of auctioneer in cities of one million inhabitants and over, without having first obtained from the mayor of said city a license authorizing such person, persons, corporation or association to carry on the business of auctioneer. Mayor to grant. Proceeds. Auctioneer's bond. Liability of sureties. of bonds on recovery of § 2. The mayor of said city shall, under his hand and seal of his office grant to such citizen or citizens a license to carry on the business of auctioneer on payment of the sum of two hundred and fifty dollars per annum. § 3. The moneys collected shall be paid over to the city treasury. § 4. All auctioneers in cities of one million inhabitants and over, shall, before the license to them issued shall become op erative, file with the comptroller or city treasurer of the city in which they shall be licensed, a bond with two real estate sureties or one surety company as provided by law, in the penal sum of two thousand dollars. Such bond, if sufficient, shall be approved by said comptroller or city treasurer. § 5. The sureties upon a bond as provided in section one hereof, shall be liable for breach of contract or of duty towards the person or persons consigning goods for sale, as well as for the other acts, omissions and matters now provided by law. Precedence § 6. On recovery of judgment for any violation of this or other judgment. provisions regulating the duties, rights and requirements of auctioneers, the bonds herein provided for shall for the purposes of execution or proceedings upon or collection of such judgments take precedence of all mortgages, liens, conveyances or other encumbrances, affecting or relating to the property of the sureties upon such bonds. Repeal. § 7. All acts or parts of acts inconsistent with the above provisions are hereby repealed. § 8. This act shall take effect immediately. Chap. 688. AN ACT to amend the railroad law, relating to the rate of fare on Became a law May 22, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section one hundred and one of chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled "An act in relation to railroads constituting chapter thirty-nine of the general laws," as amended by chapter six hundred and seventy six of the laws of eighteen hundred and ninety-two, is hereby amended to read as follows: § 101. Rate of fare.- No corporation constructing and operating a railroad under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hundred and eightyfour, shall charge any passenger more than five cents for one continuous ride from any point on its road, or on any road, line or branch operated by it, or under its control, to any other point thereof, or any connecting branch thereof, within the limits of any incorporated city or village. Not more than one fare shall be charged within the limits of any such city or village, for passage over the main line of road and any branch or extension thereof if the right to construct such branch or extension shall have been acquired under the provisions of such chapter or of this article; except that in any city of the third class, or incorporated village, it shall be lawful for such corporation to charge and collect as a maximum rate of fare for each passenger, ten cents, where such passenger is carried in a car which overcomes an elevation of at least four hundred and fifty feet within a distance of one and a half miles. This section shall not apply to any part of any road constructed prior to May six, eighteen hundred and eighty-four, and then in operation, unless the corporation owning the same shall have acquired the right to extend such road, or to construct branches thereof under such chapter, or shall acquire such right under the provisions of this article, in which event its rate of fare shall not exceed its authorized rate prior to such extension. The legislature expressly reserves the right to regulate and reduce the rate of fare on any railroad constructed and operated wholly or in part under such chapter or under the provisions of this article. § 2. This act shall take effect immediately. Chap. 689. AN ACT to provide for the administration of the State Veterinary Became a law May 22, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and name. Section 1. The State Veterinary College, established by chapter Corporate one hundred and fifty-three of the laws of eighteen hundred and ninety-four, shall be known as the New York State Veterinary Vol. I 98 Objects of college College. The object of said veterinary college shall be: To conduct investigations as to the nature, prevention and cure of all diseases of animals, including such as are communicable to man and such as cause epizootics among live stock; to investigate the economical questions which will contribute to the more profitable breeding, rearing and utilization of animals; to produce reliable standard preparations of toxins, antitoxins and other products to be used in the diagnosis, prevention and cure of diseases and in the conducting of sanitary work by approved modern methods; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention and treatment of animal diseases, and in all matters pertaining to sanitary science as applied to live stock and correlatively to the human family. All buildings, furniture, apparatus and other property heretofore or hereafter erected or furnished by the state for such veterinary college shall be and remain the property of the state. The Cornell Control University shall have the custody and control of said property, erty. and shall, with whatever state moneys may be received for the Property of state. Custody and of prop ations for college. purpose, administer the said veterinary college, with authority to appoint investigators, teachers and other officers, to lay out lines of investigation, to prescribe the requirements for admission and the course of study and with such other power and authority as may be necessary and proper for the due adminis tration of such veterinary college. Said university shall receive Appropri no income, profit or compensation therefor, but all moneys received from state appropriations for the said veterinary college or derived from other sources in the course of the administration thereof, shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said New York State Veterinary College. Such moneys as may be appropriated to be paid to the Cornell University by the state in any year, to be expended by said university in the administra. tion of said veterinary college, shall be payable to the treasurer of Cornell University in three equal payments to be made on the first day of October, the first day of January, and the first day of April in such year, and within thirty days after the expiration of the period for which each installment is received the said university shall furnish the comptroller of the state of New York satisExpendi- factory vouchers for the expenditure of such installment. The said university shall expend such moneys and use such property of the state in administering said veterinary college, and shall tures. |