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at least once each year prior to September first of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock are grown for sale for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infested with such pest or pests. If after such examination it is found that the said trees, shrubs or other plants so examined are free in all respects from any such contagious or infectious disease or diseases, dangerously injurious, pest or pests, the said commissioner, or his duly authorized agent or other person designated to make such examination shall thereupon issue to the owner or proprietor of the said stock thus examined a certificate setting forth the fact of the examination and that the stock so examined is apparently free from any and all such disease or diseases, pest or pests. Should any nurseryman, agent, dealer or broker send out or deliver within the state, trees, vines, shrubs, plants, buds or cuttings, commonly known as nursery stock, and which are subject to the attacks of the insects and diseases above provided for, unless he has in his pos session a copy of said certificate, dated within a year thereof, deface or destroy said certificate, or wrongfully be in possession of said certificate, he shall be guilty of a misdemeanor. All nursery stock shipped by freight, express or other transportation companies shall be accompanied by a copy of said certificate attached to each car, box, bale or package. Any person shipping nursery stock as above without such certificate attached shall be guilty of a misdemeanor. All transportation companies within this state receiving or carrying nursery stock from any point without the state to any point within the state shall immediately, upon receiving such consignments notify the commissioner of agriculture of the fact that such consignment is in their possession, giving the name name of the consignor and consignee, and the point of destination of such consignment. If in the judgment of the said commissioner of agriculture, or the person or persons representing him, the trees, shrubs or other plants should be entirely destroyed, then such destruction shall be carried on and completed under the supervision of the commissioner of agriculture, or the person or persons duly appointed by him, without unnecessary delay, but the owner of the trees shall be notified immediately, upon its being determined that they must be destroyed, by a written notice signed by such commissioner,

or the person representing him and left at his usual place of residence, or if not a resident of the town by leaving the notice with the person in charge of the premises, trees or fruit or in whose possession they may be. Such notice shall contain a brief statement of the facts found to exist, whereby it is deemed necessary to destroy said trees, shrubs or other plants, and shall call attention to the law under which it is proposed to destroy them. In case of objection to the findings of the inspector or agent of the commissioner of agriculture, an appeal shall be made to said commissioner whose decision shall be final; an appeal must be taken within three days from service of said notice, and shall act as a stay of proceedings until it is heard and decided. When the commissioner of agriculture, or the person or persons appointed by him shall be determined that any tree or trees, shrubs or other plants must be treated or destroyed, forthwith he may employ all necessary assistance for that purpose and such person or persons, agent or agents, employe or employes, may enter any or all premises in any town or city necessary for the purpose of such treatment, removal or destruction.

§ 2. This act shall take effect immediately.

Chap. 418.

AN ACT to amend section one hundred and seven of title two of chapter three of part four of the revised statutes relating to state prisons, as amended by chapter six hundred and twentythree of the laws of eighteen hundred and ninety-seven relative to the powers of the board of classification.

Became a law, April 18, 1901, 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:

amended.

Section 1. Section one hundred and seven of title two of chap- Prison law ter three of part four of the revised statutes relating to state prisons, as amended by chapter six hundred and twenty-three of the laws of eighteen hundred and ninety-seven, is hereby amended so as to read as follows:

classifica

§ 107. The comptroller, the state commission of prisons and Board of the superintendent of state prisons and the lunacy commission tion.

Powers of board.

are hereby constituted a board to be known as the board of classification. Said board shall fix and determine the prices at which all labor performed, and all articles manufactured in the charitable institutions managed and controlled by the state and in the penal institutions in this state and furnished to the state, or the political divisions therof, or to the public institutions thereof, shall be furnished, which prices shall be uniform to all, except that the prices for goods or labor furnished by the penitentiaries to or for the county in which they are located, or the political divisions thereof, shall be fixed by the board of supervisors of such counties, except New York and Kings counties, in which the prices shall be fixed by the commissioners of charities and correction, respectively. The prices shall be as near the usual market price for such labor and supplies as possible. The state commission of prisons shall devise and furnish to all such institutions a proper form for such requisition, and the comptroller shall devise and furnish a proper system of accounts to be kept for all such transactions. It shall also be the duty of the board of classification to classify the buildings, offices and institutions owned or managed and controlled by the state, and it shall fix and determine the styles, patterns, designs and qualities of the articles to be manufactured for such buildings, offices and public institutions in the charitable and penal institutions in this state. So far as practicable, all supplies used in such buildings, offices and public institutions shall be uniform for each class, and of the styles, patterns, designs and qualities that can be manufactured in the penal institutions in this state. § 2. This act shall take effect immediately.

Chap. 419.

AN ACT to amend section ninety-six of the railroad law in relattion to the crossing of bridges to depots, stations and termini of other railroads.

Became a law, April 18, 1901, 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-six of chapter five hundred and sixtyfive of the laws of eighteen hundred and ninety, entitled "An act

in relation to railroads, constituting chapter thirty-nine of the general laws," and known as the railroad law, is hereby amended to read as follows:

§ 96. Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners.-Any street railroad in operation in this state, which shall, by a two-thirds vote of its directors, decide to extend the route of its road, so as to cross a river over and by any bridge now or hereafter constructed under the provisions of any law of this state, may so extend their route over and across such bridge upon such terms as may be mutually agreed upon between it and such bridge company, and may locate the terminus of their road in the county adjoining the one in which their road is now located and in operation, upon first obtaining the consent of such bridge company or its lessees, and the con. sent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad, or in case the consent of such property owners cannot be obtained the appellate division of the supreme court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners, who shall determine after a hearing of all parties interested, whether such railroad ought to be constructed, or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. Whenever a terminus of any public viaduct, bridge or bridges, or public viaduct connected with any bridge or bridges, heretofore or hereafter constructed in and owned and maintained by any city of the first class, or town adjoining the same, is or shall be located at or adjacent to or within one-half mile of the route of any existing street surface railroad, the corporation owning or operating such railroad may, irrespective of any provisions other wise applicable thereto contained in any general or local act, upon obtaining the consent of the local authorities and property owners as above provided, and upon complying with the provisions of the railroad law applicable thereto, extend its road or route and construct and operate its railroad, to, upon and across such viaduct, bridge or bridges and approaches thereto for the purpose of connecting with another railroad route not

more than one-half mile distant from such bridge or viaduct so as to afford a continuous ride for one fare, subject to the provisions of the railroad law, or for the purpose of reaching the depot, station or terminus of another railroad not more than one-half mile distant from such bridge or viaduct. This section shall not apply to any bridge over the Hudson or East rivers in the counties of New York and Kings, nor to any bridge or viaduct constructed under the provisions of any so-called grade crossing law.

§ 2. This act shall take effect immediately.

Charter amended.

Construc

tion, etc., of wooden buildings within fire Limits.

Chap. 420.

AN ACT to amend chapter two hundred and ninety-eight of the laws of eighteen hundred and eighty-three, entitled "An act to provide for the government of the city of Albany " as amended by chapter two hundred and eighty-six of the laws of eighteen hundred and ninety-one in relation to buildings in said city.

Accepted by the city.

Became a law, April 18, 1901, 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 one of title twenty of chapter two hundred and ninety-eight of the laws of eighteen hundred and eighty-three entitled "An act to provide for the government of the city of Albany" as amended by chapter two hundred and eighty-six of the laws of eighteen hundred and ninety-one is hereby further amended so as to read as follows:

§ 1. No building, shed, shop or other structure of any kind, the outside walls, party-walls or exterior lateral walls of which shall be composed in whole or in part of wood, shall hereafter be constructed within the fire limits of the city of Albany, nor shall any such building, shed, shop or other structure be removed or transferred from any place outside of said fire limits to any vacant lot within said fire limits, or there be maintained as said fire limits are now established or may hereafter be extended by the common council of said city, except that there may be erected

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