§ 202a.

Employer's liability for injuries.

Application. The provisions making the question of assumption of risks by an employee one of fact, apply to an action brought under common-law principles. Collelli v. Turner (1915), 215 N. Y. 675, affg. 154 App. Div. 218, 138 N. Y. Supp. 900. Under the statute there may still be a question of fact for a jury whether a servant exercised reasonable care for his own safety in the use of appliances furnished by the master. Maloney v. Cunard Steamship Co. (1916), 217 N. Y. 278, revg. 161 App. Div. 913, 145 N. Y. Supp. 1132.

§ 202-a. Trial; burden of proof.

Effect of section.-Since the addition to the Labor Law, providing that the contributory negligence of an injured employee shall be a defense to be "pleaded and proved by the defendant," a plaintiff in an action to recover from his employer damages for negligence, arising out of and in course of his employment, has been relieved of the burden of proving affirmatively that his own negligence did not contribute to the accident, and his case should, when he has made out a prima facie case of defendant's negligence, be submitted to the jury, unless it appears that the uncontradicted proof of his own negligence is so certain and convincing that no reasonable mind could reach the conclusion that he had been careful, and this is the rule even though a verdict in his favor would be set aside as against the weight of evidence. Seyford v. Southern Pacific Co. (1916), 216 N. Y. 613, revg. 159 App. Div. 870, 145 N. Y. Supp. 22.

LAND REGISTRATION.

Torrens Law amended; Real Property L., § 371, ff.

LARCENY.

Receiving stolen property; Penal L., § 1308.

LAW PRACTICE.

By corporations and associations prohibited; Penal L., § 280.

1

L. 1916, ch. 32.

Legislative bill drafting.

§§ 7a, 24.

LEGISLATIVE LAW.

(L. 1909, ch. 37.)

§ 7-a. Legislative library, librarian and assistants.-There shall be a legislative library, to be located in the state capitol in rooms assigned by the trustees of public buildings, conveniently accessible to the members of both houses of the legislature, and such library shall be open throughout

the year.

Such library shall be suitably furnished, equipped and maintained under the direction of the legislative librarian, within the amount of any moneys available therefor by appropriation, subject to joint rules, if any, that may be adopted by the senate and assembly in relation thereto. The legislative librarian and two assistant librarians heretofore chosen by the president of the senate and speaker of the assembly, shall serve until their successors shall be chosen in like manner. Their salaries and compensation shall be payable monthly from moneys appropriated for compensation of officers and employees of the senate and assembly. During a vacancy in the of fice of legislative librarian, the assistant librarian who shall have been longest in the service of the state as a legislative employee, shall be employed as acting legislative librarian, with the powers and duties of such librarian, and shall receive during such a period the compensation herein prescribed for the legislative librarian. Such library shall be deemed established from and after the selection of the first legislative librarian hereunder. Such librarian shall have charge of the legislative library, but the two houses of the legislature may, by joint rules, regulate the use of the library and prescribe the powers and duties of the legislative librarian and the assistant librarians. (Added by L. 1915, ch. 483, and L. 1916, ch. 290, in effect Apr. 24, 1916.)

§ 24. Legislative bill drafting commission.-A legislative bill drafting commission is hereby created to consist of two commissioners to be appointed by the temporary president of the senate and the speaker of the assembly and to hold office until their successors are appointed. Such appointments shall be evidenced by certificate of such officers filed in the office of the secretary of state. The commission shall appoint The commission shall appoint a deputy commissioner. Each commissioner and the deputy commissioner shall be an attorney and counselor at law admitted to practice in the courts of the state for at least five years. Each commissioner shall receive an annual salary of five thous and dollars and the deputy commissioner an annual salary of three thousand six hundred dollars. The commission may employ necessary legal and other assistants, whose compensation and terms shall be fixed by the

§§ 25-28.

Statement of appropriations.

L. 1916, ch. 130.

temporary president of the senate and the speaker of the assembly by certificate of such officers filed in the office of the state comptroller. The compensation and expenses provided for by this section shall be paid in six monthly installments, commencing with the first of January. (Amended by L. 1913, ch. 812, and L. 1916, ch. 32, in effect Oct. 1, 1916.)

§ 25. Duties of commissioners.-The commissioners shall:

1. Maintain an office in the state capitol, in rooms assigned by the trustees of public buildings conveniently accessible to both the senate and assembly, which shall be open from December first to the close of the annual legislative session, and for such further time as the temporary president of the senate and the speaker of the assembly shall direct;

2.

Draft or aid in drafting legislative bills and resolutions, and amendments thereto, upon request of a member or committee of the legislature, or of a state department, commission, board or officer;

3. Advise as to the constitutionality, consistency or effect of proposed legislation, upon request of a member or committee of the legislature;

4. Make researches and examinations as to any subject of proposed legislation, upon request of either house or of a committee of the legislature;

5. Examine the general laws and report to the legislature such amendments to the consolidated laws, as the commission deems advisable, for the purpose of including therein independent general statutes. (Amended by L. 1913, ch. 812, and L. 1916, ch. 32, in effect Oct. 1, 1916.)

§ 26. Statement of appropriations.-The governor shall annually, within one week after the convening of the legislature, submit to the senate and assembly a statement of the total amount of appropriations desired by each state department, commission, board, bureau, office and institution, and may at the same time make such suggestions for reductions or additions thereto, as he deems proper. He may also at the same time submit as a part of such statement an estimate of the probable revenues of the state for the ensuing fiscal year. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)

§ 27. Appointment of clerks of finance and ways and means committee.*—The chairman of the finance committee of the senate shall appoint the clerk of such committee. The chairman of the ways and means committee of the assembly shall appoint the clerk of such committee. Each appointment shall be evidenced by certificate duly executed by the officer making the appointment, and filed in the office of the secretary of state. Such clerks shall hold office until their successors are appointed. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)

§ 28. Compensation, expenses, employees.-Such clerks shall receive an * So in original.

L. 1916, ch. 130.

Preparation of budget.

§§ 29, 30.

annual salary of four thousand dollars each and shall be paid their office, traveling and other expenses necessarily incurred by them in the performance of their duties. The chairman of the finance committee of the senate and the chairman of the ways and means committee of the assembly may each appoint for the committee of which he is chairman a stenographer and an accountant to assist such committee and the clerk thereof in performing the duties prescribed by this article. The compensation of such employees of the finance committee of the senate shall be fixed by the chairman of the finance committee with the approval of the temporary president of the senate, and the compensation of such employees of the ways and means committee of the assembly shall be fixed by the chairman of the ways and means committee with the approval of the speaker. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)

§ 29. Finance and ways and means committees continued during recess.-For the purpose of more effectively carrying out the provisions of this article, the committee on finance appointed under the rules of the senate and the committee on ways and mans appointed under the rules of the assembly shall continue during the recess of the legislature, and the chairman of the respective committees shall have the power to name sub-committees to perform such duties as they may prescribe in gathering information as to the financial needs of the various charitable institutions, state hospitals, state prisons and other departments, boards, bureaus, commissions, offices and institutions of the state. The members of such sub-committees so serving shall be paid their necessary traveling expenses in the performance of their duties. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)

§ 30. Duties of clerks of finance and ways and means committees.-The clerk of the finance committee of the senate and the clerk of the ways and means committee of the assembly shall

1.

Collect, compile and collate information and data relating to state departments, commissions, boards, bureaus, offices, institutions, public works and other subjects for which appropriations are made or sought. Prepare and make available for the use of such committees tables showing appropriations made by the legislature from time to time and prepare and furnish when requested by such committees statistics and other information relating to such appropriations.

2.

3.

Procure, compile and make available for the use of such committees statistics as to the revenues of the state during the preceding year and the estimated revenues for the current and ensuing fiscal year.

4.

data

File, preserve and maintain permanent records of information and
Collected pursuant to this section, including correspondence in re-

lation thereto.

5.

Investigate and report on requests for appropriations and the needs

therefor.

6.

Aid either of such committees and the members thereof in making

§ 31.

Annual budget.

L. 1916, ch. 130.

any investigation which may be required or authorized by either of such committees or by the legislature and, when requested so to do, aid any other legislative committee in making investigations pertaining to expenditure of state funds.

7. Aid the finance committee of the senate and the ways and means committee of the assembly, when requested, in the preparation of the annual budget and meet and confer with the said committees for the purpose of assisting in the preparation, amendment and revision of bills appropriating state moneys and otherwise aid such committees or either of them in the performance of their duties.

8. For the purposes of this section, have access at all reasonable times to offices of state departments, commissions, boards, bureaus and offices, to institutions and to all public works of the state and they may, for the purpose of obtaining information as to the operations and the fiscal needs thereof, examine the books, papers and public records therein. Such state departments, commissions, boards, bureaus, offices and institutions. shall through their proper officers or deputies furnish such data, information or statements as may be necessary for the proper exercise of their powers and duties and for the purpose of carrying into effect the provisions of this article. The clerks of the finance and ways and means committees in exercising the powers and performing the duties prescribed by this section may act jointly, or separately, as they deem advisable. All data and other information or statements collected by such clerks shall be accessible at all times to the inspection of the governor, or to a person designated by him for such purpose. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)

§ 31. Annual budget.-The finance committee of the senate and the ways and means committee of the assembly, acting jointly or separately, shall annually prepare and submit to the respective houses, not later than March fifteenth, a budget containing a complete and detailed statement of all appropriations to be made out of moneys of the general fund in the state treasury for the support and maintenance of the government of the state and for all other purposes, which appropriations or any part thereof shall become available during the period ending with the ensuing fiscal year. Such budget shall specify the department, board, bureau, commission, office or institution under whose supervision or control the moneys to be so appropriated are to be expended and the purposes for which such appropriations are made. There shall be attached to and made a part of such budget an itemized and detailed estimate of the probable revenues of the state out of which the appropriations specified in such budget may be paid, and such budget shall include an estimate of the amount which it will be necessary to raise by a direct tax for the payment of such appropriations. Such budget may be accompanied by a statement containing such information and data as the committees may deem advisable to present. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.)