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L. 1922, ch. 48, $ 95 amended.

L. 1922,
ch. 48,
& 247
amended.

CHAPTER 38

AN ACT to amend the farms and markets law, in relation to protecting the breeding of pure bred stock.

Became a law February 24, 1925, 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:

Section 1. Section ninety-five of chapter forty-eight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows:

§ 95. Protecting the breeding of pure bred stock.1 It shall be unlawful for any person or persons owning or in the possession of any bull of the age of more than nine months, any stallion of the age of more than eighteen months, or buck or boar over five months of age, to suffer or permit such animal or animals to go, or range, or run at large on any lands or premises without the consent of the person entitled to the possession of such land or premises.2

§ 2. This act shall take effect immediately.

CHAPTER 39

AN ACT to amend the farms and markets law, in relation to power of the commissioner to investigate sales of farm produce on commission. Became a law February 24, 1925, 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:

Section 1. Section two hundred and forty-seven of chapter fortyeight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows:

§ 247. Power of the commissioner to investigate. The commissioner shall have power to investigate, upon the verified complaint of an interested person, the record of any person, firm, exchange, corporation or association applying for a license, or any transaction involving the solicitation, receipt, sale or attempted sale of farm produce on a commission basis, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received, or while in storage, the making of false statements as to market conditions, with intent to deceive, or the failure to make payment for goods received or other alleged injurious transactions; and for such purpose may examine at the 1 Word " penalty " omitted.

2 Sentence omitted which provided a penalty for violation of this section.

place of business of the licensee, that portion of the ledgers, books
of account, memoranda or other documents, relating to the trans-
actions involved, of any commission merchant, and may take testi-
mony therein under oath. When a consignor of farm produce fails
to obtain satisfactory settlement in any transaction, after having
notified the consignee, a verified complaint may be filed, at the
expiration of ten days after such notification, with the commis-
sioner. The commissioner shall attempt to secure an explanation
or adjustment, failing in which, he shall cause a copy of the com-
plaint, together with a notice of a time and place for a hearing
thereon, to be served personally, or by mail, upon such commission
merchant. Such service shall be made at least seven days before the
hearing, which shall be held in the city, village or township in
which is situated the place of business of the licensee. At the
time and place appointed for such hearing, the commissioner or an
assistant commissioner shall hear the parties to such complaint,
and shall make and file in the office of the commissioner a decision
either dismissing such complaint or specifying the facts which he
deems established on such hearing. In case of failure by a commis-
sion merchant to pay consignor creditors for farm produce re-
ceived from said consignors to be sold on commission, or in case
of the bankruptcy of, or the revocation of the license of, such com-
mission merchant, or the discontinuance of the business of such
commission merchant for any other reason, the commissioner shall
proceed to ascertain the names and addresses of all consignor credi-
tors of such commission merchant, together with the amounts due
and owing to them by such commission merchant, by advertising
in at least two commercial or produce papers within the state at
least once each week for a period of four weeks, notifying
in such advertisement all such consignor creditors to file a verified
statement of their claims with the commissioner within sixty
days of the expiration of the period of notice, and that claims.
not filed during that time will not receive consideration. At the
end of sixty days from the termination of such period, the com-
missioner shall proceed to bring an action on the bond which has
been filed in the department by said commission merchant.
§ 2. This act shall take effect immediately.

CHAPTER 40

1

AN ACT to amend the farms and markets law, in relation to annual report to the commissioner and to the state society.

Became a law February 24, 1925, 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:

Section 1. Section two hundred eighty-eight of chapter forty- L. 1922, eight of the laws of nineteen hundred and twenty-two, entitled ch. 48,

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§ 288

amended.

"An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows:

§ 288. Annual report to the commissioner.1 The president and treasurer of any agricultural society which receives any money of the state or acts as the agent of the state in the distribution of money of the state as premiums, shall annually before the fifteenth day of December, transmit to the commissioner a detailed account of the expenditure or distribution of all such moneys as shall have come into their hands during the preceding year, and of such other moneys as they may have received from voluntary contributions for distribution as premiums, stating to whom, and for what purpose paid, with the vouchers therefor.2

§ 2. This act shall take effect immediately.

CHAPTER 41

AN ACT authorizing the board of supervisors of Dutchess county to repay to the town of LaGrange in the county of Dutchess certain moneys paid by the town toward the construction and improvement of a certain county highway in such county.

Became a law February 24, 1925, 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:

Section 1. The county of Dutchess by its board of supervisors is hereby authorized and empowered to repay to the town of La Grange in the county of Dutchess the sum of three thousand six hundred dollars heretofore paid by such town toward the construction and improvement of county highway number eight thousand ninety-three, commonly known as the Fishkill Plains-Poughkeepsie, part one highway. Such money having been expended by such town to pay the added expense of the improvement therein caused by the construction of such highway to a greater width than originally contemplated.

§ 2. This act shall take effect immediately.

1 Words "and state society" omitted.

2 Sentence omitted which provided for annual reports to the New York state agricultural society.

CHAPTER 42

AN ACT to amend the town law, in relation to town contracts for lighting improved highways or bridges.

Became a law February 24, 1925, 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:

ch. 63,

Section 1. Section two hundred and sixty-five of chapter sixty- L. 1909, three of the laws of nineteen hundred and nine, entitled "An act 8 265 relating to towns, constituting chapter sixty-two of the consolidated amended. laws," as added by chapter sixty-five of the laws of nineteen hundred and twenty-two and last amended by chapter five hundred and ninety of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

§ 265. Town contracts for lighting improved highways or bridges. The town board of any town, without establishing a lamp or lighting district as provided by this article and without a petition as required by section two hundred and sixty-one, may contract for the lighting of such improved highways or such bridges in the town outside of villages and cities, as the board deems needed for the safety or convenience of the public 'whether the territory so to be lighted includes one or more existing lighting districts or not. Such contract shall be upon such terms and for such time or period not exceeding five years, as the board deems proper or expedient. The amount payable annually thereunder shall be a town charge and shall be paid from the surplus money of the town, or if such surplus be insufficient, the town board may cause not exceeding one thousand dollars in any year to be assessed, levied and collected for such purpose at the same time and in the same manner as other town charges, except that in a town adjoining a city of the first class having more than five hundred thousand and not more than one million inhabitants, according to the last preceding federal or state census or enumeration, the town board may cause not exceeding one-tenth of one per centum of the assessed valuation of said town in any year to be assessed, levied and collected for such purpose at the same time and in the same manner as other town charges. Lighting may be contracted for pursuant to this section in addition to lighting contracted for on account of a lighting district or districts within the town.

§ 2. This act shall take effect immediately.

1 Previously amended by L. 1923, chs. 548, 551.

2 Remainder of sentence new.

§ 1039b added to L. 1909, ch. 21

(revision

CHAPTER 43

AN ACT to amend the education law, in relation to the designation of the School of Home Economics in the New York State College of Agriculture at Cornell University as the New York State College of Home Economics at Cornell University, and to provide for its administration.

Became a law February 24, 1925, 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:

Section 1. Article forty of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as of L. 1910, amended by chapter one hundred and forty of the laws of nineteen hundred and ten and renumbered article forty, is hereby amended by inserting therein, at the end thereof, a new section, to be section ten hundred and thirty-nine-b, and to read as follows:

ch. 140).

§ 1039-b. New York State College of Home Economics. 1. The School of Home Economics heretofore administered and maintained in the New York State College of Agriculture at Cornell University shall hereafter be known as the New York State College of Home Economics at Cornell University and shall continue to be under the supervision, management, and control of said university as the administrative agent of the state of New York.

2. The object of said college of home economics shall be the improvement of human welfare by means of education, investigation, and extension teaching in the field of domestic science and art, including household and institutional economics, and allied subjects; and to that end it shall continue the activities and functions of the previously existing school of home economics.

3. All buildings, furniture, apparatus, and other property heretofore erected or furnished by the state for the said school of home economics, and all buildings, furniture, apparatus, and other property hereafter erected or furnished by the state for said college of home economics shall be and remain the property of the state. The Cornell University shall have the custody and control of said property, and shall, with whatever state moneys may be received. for the purpose, administer the said college of home economics, with authority to appoint investigators, teachers, and other officers and employees, to lay out lines of investigation, to prescribe the requirements of admission and the program of study, and with such other power and authority as may be necessary and proper for the due administration of such college of home economics. Said university shall receive no income, profit, or compensation therefor, but all moneys received from state appropriations for said college of home economics or derived from other sources in the course of the administration thereof shall be credited by said university to a separate fund and shall be used exclusively for

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