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§ 185a amended,

In effect Jan. 1, 1926.

same, shall have the right to hunt, kill and take game or trap fur bearing animals or take fish by angling, spearing, hooking or tipups in or from waters on or passing through or over the farm land of which he or they are the bona fide owners or lessees, during the season when it is lawful to kill and take the same, without procuring such resident license; and further provided that minors under the age of sixteen years shall not be required to take out a license to trap fur bearing animals or to take fish by angling. spearing, hooking or tip-ups; and further provided that women resident of this state shall not be required to take out a license to take fish by angling, spearing, hooking or tip-ups during the season when it is lawful to kill and take the same; and provided that no license shall be required to take fish by angling, spearing, hooking or tip-ups in or from any salt waters within the marine district or from waters not stocked or not usually and ordinarily inhabited by fish affected by law.

§ 5. Section one hundred and eighty-five-a of said chapter, as added by chapter six hundred and forty-five of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 185-a. Hunting and trapping licenses to be issued by village clerks in certain villages. In any village in a county of less than three hundred thousand inhabitants, according to the last preceding federal or state census or enumeration, adjoining a city of over one million inhabitants, according to such census or enumeration, hunting, trapping and fishing licenses, described in subdivision one of section one hundred and eighty-five, may be procured from the village clerk, and the provisions of such section prescribing powers and duties of a town clerk, and applications to and issuance of licenses by such a clerk, shall apply to the clerk of such a village and to applications to and issuance of such licenses by him. § 6. This act shall take effect January first, nineteen hundred and twenty-six.

L. 1911, ch. 647, § 366 amended.

CHAPTER 354

AN ACT to amend the conservation law, in relation to establishing game

refuges.

Became a law April 2, 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 three hundred and sixty-six of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter ninetytwo of the laws of nineteen hundred and fourteen, and amended by chapter four hundred and ninety-nine of the laws of nineteen hundred and seventeen, and chapter ninety-nine of the laws of

nineteen hundred and twenty-two, is hereby amended to read as follows:

§ 366. State game refuges. Any land, including land under water and waters thereon, owned by the state, enclosed as defined by subdivision twenty-three of section three hundred and eighty of this chapter, except land in the Catskill park, may be set aside by the conservation commission as a game refuge1 upon posting notices and signboards not less than one foot square, warning all persons against hunting, fishing or injuring trees or plants or trespassing thereon for that purpose, provided, however, that not to exceed one hundred thousand acres in the aggregate shall be so set aside in the Adirondack park. No land within the Adirondack park shall be set aside by the conservation commission as a game refuge without the approval of the board of supervisors of the county in which the proposed game refuge is to be established. Signboards or notices may be posted warning all persons against any one or more of these acts mentioned above. All such signboards or notices shall be conspicuously posted on a state game refuge not more than forty rods apart close to and along the entire boundary thereof, and there shall be so placed at least one signboard or notice on each side and one at or near each corner of such game refuge. Where such game refuge shall consist of a well-defined body of water and the lands lying thereunder, the posting of notices and signboards upon not less than ten prominent points upon the shore line shall be deemed sufficient notice. Where lands under water and the waters thereon are sought to be set aside as herein provided, the consent of the riparian owners must first be obtained.

The commission may purchase in the name of and for the use of the state in any town of the state outside the limits of the Adirondack and Catskill parks, lands containing not less than one hundred acres, or may purchase the shooting and fishing rights in connection with such lands, and may establish thereon a game refuge upon publishing and posting the notices as above provided. No person shall take or disturb fish, birds, quadrupeds, trees or plants on such game refuge or trespass thereon for that purpose after the notices are published and posted as above prescribed. Such land and waters shall remain a game refuge and private park for the propagation and protection of fish, birds, quadrupeds, trees and plants as long as such lands remain the property of the state, or until the commission shall, by order to be published in the manner prescribed by section three hundred and sixty, permit the taking of fish, birds, quadrupeds, trees or plants upon such premises. § 2. This act shall take effect immediately.

1 Words " upon publishing the notice mentioned in section three hundred and sixty of this chapter and," omitted.

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2 Words "and maintaining omitted.

3 Following sentence substituted for sentence which read: "And then only on the approval of the board of supervisors of the county in which the proposed game refuge is to be established."

4 Words" and maintained" omitted.

5 Words "and maintaining" omitted.

L. 1911,

ch. 647, § 54,

subd. 1 amended.

L. 1911, ch. 647, § 57a, subd. 1 amended.

CHAPTER 355

AN ACT to amend the conservation law, in relation to forest fire prevention.
Became a law April 2, 1925, with the approval of the Governor.

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section fifty-four of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as last amended' by chapter four hundred and fifty-one of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:2

1. Proclamation by governor. Whenever, by reason of drought, the forests in the state are in danger of fires the governor shall have the authority to forbid by proclamation any person or persons entering forests or woodlands in such parts of the state as he deems the public interest requires. Such proclamation shall be in full force and effect at the expiration of twenty-four hours after notice is given in the manner the governor may determine. § 2. This act shall take effect immediately.

CHAPTER 356

AN ACT to amend the conservation law, in relation to planting, growing, propagation, cultivation and selling of the plants, roots or cuttings of undiseased ribes nigrum.

Became a law April 2, 1925, with the approval of the Governor.

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section fifty-seven-a of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter two hundred and eighty-three of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

1. Black currant declared a public nuisance. Planting, growing, propagating, cultivating or selling plants, roots or cuttings of any species of cultivated black currants (ribes nigrum, ribes odoratum or ribes aureum) within the state is hereby prohibited.1 Such bushes, roots, cuttings or plants now planted or growing may be destroyed by the agents of the conservation commission.2 2. This act shall take effect immediately.

1 Section 54 was added by L. 1916, ch. 451.

2 Section materially amended.

1 Words ", except undiseased ribes nigrum in districts described in subdivision two," omitted.

2 Words " except those above permitted," omitted.

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CHAPTER 357

AN ACT to amend the conservation law, in relation to acceptance of grants of land and the use thereof by the conservation commission.

Became a law April 2, 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:

added to

Section 1. Chapter six hundred and forty-seven of the laws of 62a nineteen hundred and eleven, entitled "An act relating to con- L. 1911, servation of land, forests, waters, parks, hydraulic power, fish and ch. 647, game, constituting chapter sixty-five of the consolidated laws," is hereby amended by inserting therein a new section, to be section sixty-two-a, to read as follows:

§ 62-a. Acceptance by commission of lands for parks. The commission is hereby authorized to accept, for the state, grants or deeds of gift of any lands located in any county named in section sixty-two of this chapter, which the commission may deem suitable for park or reservation purposes, upon approval of the title by the attorney-general. The grant or deed must recite that it is given for acceptance under the provisions of this section. Property so accepted shall forever be under the jurisdiction of the conservation commission and its successors in office and, by virtue of the acceptance thereof, shall be irrevocably dedicated to be used for the purposes of a public park or reservation under the care, custody, control and management of the conservation commission and shall not become a part of the forest preserve. Such property shall not be subject to the limitation of section seven of article seven of the constitution of the state, but shall forever remain open to the public for the enjoyment of the scenic and natural beauties of the premises, and receive such improvement or development, by the erection of buildings, roads, highways, railroads and other structures, including the improvement, alteration and maintenance of the structures now on such premises as the legislature may from time to time determine. The conservation commission may, in its discretion, lease a part or all of such premises upon such terms and conditions as it may determine not inconsistent with the reasonable use of said premises by the public, provided that any such lease shall first have been approved by the attorney-general as to form.

§ 2. This act shall take effect immediately.

L. 1909,

ch. 23,

8 41 amended.

8 41a added.

L. 1922,

ch. 48, § 214a

amended.

CHAPTER 358

AN ACT to amend the executive law, relative to the powers of the comptroller.
Became a law April 2, 1925, with the approval of the Governor.

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section forty-one of chapter twenty-three of the laws of nineteen hundred and nine entitled "An act in relation to executive officers, constituting chapter eighteen of the consolidated laws," as last amended by chapter one hundred and sixty-five of the laws of nineteen hundred and nineteen,1 is hereby amended to read as follows:2

§ 41. Deputies. The comptroller shall appoint three deputies. Such deputies shall receive annual salaries to be fixed by the comptroller within amounts appropriated therefor by the legislature. Each of such deputies may perform any of the duties of the comptroller, except as commissioner of the land office, commissioner of the canal fund and as state canvasser. The comptroller shall also appoint an assistant deputy who shall be the warrant clerk in his office, who shall assist the deputies in performing such duties as the comptroller may direct, and such assistant deputy shall receive such compensation as shall be fixed by the comptroller not in excess of the amount appropriated therefor by the legislature.

§ 2. Such chapter is hereby further amended by inserting immediately after said section forty-one, a new section numbered forty-one-a, to read as follows:

§ 41-a. Undertakings may be required. The comptroller may require his deputies and such other officers and employees of his department as he may determine to execute and deliver to him an undertaking or undertakings to the people of the state and to said comptroller in such penal sum as he may require with such surety or sureties and with the conditions prescribed by section eleven of the public officers law for other official undertakings. Such undertaking or undertakings to be approved by the comptroller as to form and sufficiency of sureties and filed in his office. § 3. This act shall take effect immediately.

CHAPTER 359

AN ACT to amend the farms and markets law, in relation to samples of food products taken for analysis.

Became a law April 2, 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 fourteen-a of chapter fortyeight of the laws of nineteen hundred and twenty-two, entitled 1 Previously amended by L. 1910, ch. 189; L. 1911, ch. 568.

2 Section materially amended.

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