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Investigation of sanitary condition of oyster beds, authorized.

CHAPTER 28

AN ACT to appropriate and make available, to defray the cost of construction of an elevator at the cave of the winds on the state reservation at Niagara, the fund of thirty-eight thousand four hundred ninety-eight dollars and twenty-one cents, derived from the receipts of said cave of the winds concession during the years nineteen hundred and twenty-two, nineteen hundred and twenty-three and nineteen hundred and twenty-four and heretofore paid into the state treasury by the commissioners of the state reservation at Niagara.

Became a law February 19, 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 sum of thirty-eight thousand four hundred and ninety-eight dollars and twenty-one cents, derived from the receipts of the concession for the cave of the winds on the state reservation at Niagara during the years nineteen hundred and twenty-two, nineteen hundred and twenty-three and nineteen hundred and twenty-four, which by chapter six hundred and forty-seven of the laws of nineteen hundred and twenty-two the commissioners of the state reservation at Niagara were authorized to retain for the purpose of defraying the cost of construction of an elevator to provide for better access to said cave of the winds, but which said commissioners have heretofore paid to the state treasury, is hereby appropriated for said purpose; and the comptroller of the state of New York is hereby directed forthwith to draw a warrant on the treasury of the state of New York for the payment thereof to said commissioners of the state reservation at Niagara, and the treasurer of the state of New York is hereby directed, on receipt of such warrant, to pay said sum forthwith to said commissioners to be applied by them to said purpose pursuant to the provisions of chapter six hundred and forty-seven of the laws of nineteen hundred and twenty-two. § 2. This act shall take effect immediately.

CHAPTER 29

AN ACT to meet the emergency that has arisen in connection with the outbreaks of typhoid fever that have seriously affected the oyster industry of the state, and making an appropriation therefor.1

Became a law February 19, 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 state commissioner of health is hereby authorized to investigate the sanitary condition of oyster beds located in the waters of the state adjacent to Long Island which in his opinion are free from pollution. Such investigations as are neces1 See L. 1925, ch. 350, post.

that

marketable.

sary shall be made for the purpose of issuing certificates that the Certificates oysters harvested from such beds can be considered safe and mar- oysters are ketable. Owners or lessees desiring to have beds inspected shall safe and submit in their request for such inspection a statement of the acreage and location of the beds, together with the location of the nearest sewage outlets, and upon request of the commissioner of health, they shall submit certified lists of dealers to whom they sell their oysters. Such owners or lessees shall provide boats and other necessary facilities for the inspections, dredgings and samplings. The owner or lessees shall submit to the commissioner of health a sworn affidavit that the oysters will not be floated or brought into contact with polluted waters after removal from the beds, while being transported or stored or prepared for shipment. The commissioner of health shall conduct surveys of the beds and shall make such laboratory examinations as he shall deem necessary. He may issue certificates only for beds so located that the oysters grown thereon are entirely safe for human consumption. Such certificates shall expire January first, nineteen hundred and twentysix and may be revoked by the commissioner of health whenever in his opinion it is necessary for the protection of public health. The owners or lessees of the beds investigated shall pay into the Fee. state treasury a fee of fifty cents for each acre inspected. Moneys so paid shall be available to cover the costs of the investigations. There is hereby appropriated out of any moneys in the state treas- Appropria ury, not otherwise appropriated, fifteen thousand dollars ($15,000), or as much thereof as may be necessary, for carrying out the purposes of this act and for the necessary expenses incurred by the state department of health in executing this act. The powers Terminahereby granted shall terminate January first, nineteen hundred and twenty-six.

§ 2. This act shall take effect immediately.

CHAPTER 30

AN ACT to amend the public officers law, in relation to qualifications for

holding office.

Became a law February 20, 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:

tion.

powers granted.

ch. 51,

Section 1. Section three of chapter fifty-one of the laws of L. 1909, nineteen hundred and nine, entitled "An act in relation to public & 3 officers, constituting chapter forty-seven of the consolidated laws," amended. as last amended by chapter one hundred and eighty of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:

§ 3. Qualifications for holding office. No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the

314d

added to L. 1909,

ch. 63.

political subdivision or municipal corporation of the state for which he shall be chosen, or within which the electors electing him reside, or within which his official functions are required to be exercised, or who shall have been or shall be convicted of a violation of the selective draft act of the United States, enacted May eighteenth, nineteen hundred and seventeen, or the acts amendatory or supplemental thereto. The provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall not apply in the case of any member of a police force of any municipality of the state who, upon due request by the mayor of any other municipality, has heretofore been granted or who may hereafter be granted a leave of absence without pay by his proper superior officers to perform police services in any municipality other than the one in which he is regularly appointed and employed to perform such police service.

§ 2. This act shall take effect immediately.

CHAPTER 31

AN ACT to amend the town law, in relation to contracts by town boards for fire protection in districts in towns in a county not containing a city. 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. Chapter sixty-three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," is hereby amended by inserting therein a new section, to be section three hundred and fourteen-d, to read as follows:

§ 314-d. Contracts for fire protection in districts in towns in a county not containing a city. The town board of any town in any county, which does not contain a city, but which contains a village or villages, upon the written petition of a majority of the resident taxpayers in territory wholly without such village or villages, may establish such territory as a fire district for the purposes of this section, by filing in the office of the town clerk a certificate describing the boundaries thereof. Upon the written petition of a majority of the resident taxpayers of any water, highway, water supply or fire district in such a county, having a fire department or an incorporated fire company therein, the town board of any such town may make a contract with any such village or villages, irrespective of whether or not the territory embraced in such district adjoins such village or villages, for fire protection to be furnished within such district, for a sum not to exceed in any one year ten cents upon each one hundred dollars of assessed valuation 1 Remainder of section new.

of taxable property lying within such district, as appears by the
last preceding town assessment-roll of such town and for a period
not exceeding five years at any one time. The amount of any such
contract shall be assessed, levied or collected upon the taxable
property in such district in the same manner, at the same time and
by the same officers as the taxes, charges or expenses of such town
are assessed, levied and collected and the same shall be paid over
by the supervisor to the village furnishing such fire protection.
This section shall apply to a water supply district formed under
the provisions of section eighty-one of the transportation corpora-
tions law, as well as to water, highway, water supply or fire dis-
tricts formed under the provisions of this chapter. No such con-
tract shall be made, however, with any such village unless, in the
opinion of the town board, it has suitable apparatus and appliances
for the furnishing of such fire protection in such district.
§ 2. This act shall take effect immediately.

CHAPTER 32

AN ACT to amend the highway law, in relation to lights on motor vehicles at night while standing on streets or highways.

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. 30,

subd. 5

Section 1. Subdivision five of section two hundred and eighty- L. 1909, six of chapter thirty of the laws of nineteen hundred and nine, § 286, entitled "An act relating to highways, constituting chapter twenty- amended. five of the consolidated laws," such section having been added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten, and such subdivision added by chapter five hundred and forty of the laws of nineteen hundred and eighteen and last amended by chapter five hundred and eighty of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:

5. Motor vehicles when standing upon the street or highway during the period from one-half hour after sunset to one-half hour before sunrise1 must display two lights in front and a red light in the rear which shall be visible from a point at least one hundred feet distant, provided, however, upon the end of the motor vehicle against the curb and where such lights are dispensed with by law or ordinances no light is required.

§ 2. This act shall take effect immediately.

1 Words " during the period from one-half hour after sunset to one-half hour before sunrise," new.

L. 1909,
ch. 30,
$282.

subd. 5 amended.

§ 284, subd. 3 amended.

CHAPTER 33

AN ACT to amend the highway law, in relation to the use of number plates before commencement of year.

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. Subdivision five of section two hundred and eightytwo of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twentyfive of the consolidated laws," as added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten and last amended by chapter five hundred and eighty of the laws of nineteen hundred and twenty-one,' is hereby amended to read as follows:

5. Time for registration and re-registration. Registration applied for and certificates issued on such application or under any application made prior to January first, nineteen hundred and twenty-two, shall expire on the latter date. Registration thereafter shall be renewed annually in the same manner and upon payment of the same annual fee as provided in this section for registration, to take effect on the first day of January, in each year beginning with such date in the year nineteen hundred and twenty-two; and the certificates of registration issued thereunder or issued between any such dates shall expire on the succeeding first day of January. Provided, however, that renewal plates may he displayed as provided in subdivision one of section two hundred and eighty-three of this chapter at any time within five days of the commencement of the year for which they are issued, and, if so displayed, they shall be substituted for and in the place of the plates issued for the year in which the substitution is made.

§ 2. Subdivision three of section two hundred and eighty-four of such chapter, as added by chapter three hundred and seventyfour of the laws of nineteen hundred and ten, and last amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four,3 is hereby amended to read as follows:

3. Registration under this section shall be renewed and new plates procured annually, to take effect on the first day of January of each year. All registrations under this section, including original registrations made after January first of any year, shall expire on the first day of January following the time the registration takes effect. Provided, however, that renewal plates may be displayed as provided in subdivision one of section two hundred and eighty-three of this chapter at any time within five days of

1 Previously amended by L. 1911, ch. 491; L. 1917, ch. 769.

2 Following sentence new.

3 Previously amended by L. 1911, ch. 491; L. 1917, ch. 174. Section 284 is again amended by L. 1925, ch. 313, post; the amendments here effected are not incorporated in § 284 as amended by said ch. 313.

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