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CHAP. 802.

AN ACT to authorize cities and incorporated villages to charge Cities and

license fees to persons doing a retail business on the canals villages. of this State.

PASSED May 15, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall hereafter be lawful for the authorities of any Authoricity or incorporated village, in this State, to charge and collect a license ties authofee from all persons doing a retail business in the sale of goods of any collect description, except products of the farm and unmanufactured products persones for of the forest, from canal boats in the canals of this State within the engaged in limits of such cities or villages. The authorities of such cities or villages business. shall have power to fix the amount to be charged for such licenses at such i Edm. 532. sum as in their discretion they may deem just. They shall also have power to enforce the collection of such license fees in the same manner as they are now severally authorized to do by law.

§ 2. Nothing in this act contained shall be held or construed to conflict in any manner with the provisions of title four of chapter seventeen of part one of the Revised Statutes.

§ 3. This act shall take effect immediately. See ch. 434, post, p. 1015.

CHAP 805.

AN ACT to authorize and facilitate the construction and im- Villages.

provement of sidewalks in the streets of unincorporated villages, and the application of highway labor thereto.

PASSED May 15, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The commissioners of highways of any of the towns in Constructhis State may, from time to time, authorize such part of the high- sidewalks way labor assessed upon the inhabitants and property of any unincor- in incorporated village within the limits of any road district, as in their judg- villages. ment is expedient and proper, and not necessary for the maintenance of the highways therein to be performed, or the commutation moneys received therefor expended by and under the direction of the overseer of highways for such district, in the construction, repairs, and improvement of sidewalks within the limits of such village; and for such purpose may also, from time to time, by writing signed by them, or a majority of them, and filed with the town clerk of such town, authorize such proportion of the highway labor of such village as in their judgment is not needed for the annual repairs of the highways therein, to be anticipated for one or more years not exceeding three, and thereupon any person or corporation, resident of or owning property within such village, and assessed for highway labor in the district in which such village is situated, may, in the year so designated in such order, anticipate his, her or its assessment for highway labor, for such time as he, she or it may see fit within the limits so prescribed by the

Overseer

of labor per

commissioners, and may perform the labor so anticipated under the direction of such overseer within such year, or commute therefor to such overseer.

§ 2. It shall be the duty of such overseer to give to such person or certificate corporation, upon the performance of such labor or commutation there

for, a certificate signed by him, showing the number of days' labor so formed.

anticipated and worked or commuted for by such person or corporation; and in each succeeding year, upon presentation of such certificate, such person or corporation shall be credited and allowed by the overseer of highways with the performance of the number of days labor so assessed to him, her or it for such year, until such credit shall equal the number of days so stated in such certificate to have been anticipated, and shall indorse thereon a statement signed by him showing such credit and allowance.

§ 3. Upon a transfer of any real estate, upon or for which assessments for highway labor may have been so anticipated and worked or commuted for, the certificate mentioned in section two may also be transferred to the grantee of such real estate, and the provisions of said section shall apply thereto, and such certificate shall be operative and have the same effect in favor of the then owners of such real estate as in the hands of the original owner thereof; and upon the death of any person then owning property, real or personal, upon which the highway labor has been anticipated, such certificate shall in like manner be operative and have the like effect in favor of the devisees, legatees, heirs or personal representatives of the deceased, who may be the then owner of such property, or any part thereof, and assessed for high way labor thereon.

§ 4. This act shall take effect immediately.

Transfer of real estate.

CHAP 408.

bridges,

Statutes.
Overseer

Highways AN ACT to amend chapter sixteen of part one of the Revised

Statutes, in relation to highways and bridges.

PASSED May 15, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section thirteen of article one, title one, chapter sixteen Chido part of part one of the Revised Statutes is hereby amended so as to read

as follows :

§ 13. If any overseer shall be employed more days in executing the extra com- several duties enjoined on him by this chapter than he is assessed to pensation work on the highway, he shall be paid for the excess at the rate of

twelve and a half cents per hour for each day, and be allowed to retain the game out of the moneys which may come into his hands for fines under this chapter, but he shall not be permitted to commute for the days he is assessed.

§ 2. Section thirty-five of said chapter is hereby amended so as to read as follows:

$ 35. Every person liable to work on the highways shall work the whole number of days for which he shall have been assessed, but every such person other than an overseer may elect to commute for the same, or for some part thereof, at the rate of twelve and a half cents per

duty.

Commutation.

tutes.

hour for each day, in which case such commutation money shall be paid to the overseer of highways of the distriet in which the person commuting shall reside, to be applied and expended by such overseer in the improvement of the roads and bridges in the same district.

§ 3. Section thirty-eight of said chapter is hereby amended so as to read as follows:

§ 38. Every person assessed to work on the highways and warned to Substiwork may appear in person, or by an able-bodied man as a substitute, and the person or substitute so appearing shall actually work eight hours in each day, unless such person be assessed one dollar and twenty-five cents or more, when such person or his substitute shall be allowed to actually work ten hours in each day, under the penalty of twelve and a half cents for every hour such person or substitute shall be in default, to be imposed as a fine on the person assessed.

§ 4. Section thirty-nine of said chapter is hereby amended so as to read as follows :

$ 39. If any such person or his substitute shall, after appearing, re- Penalty main idle or not work faithfully, or hinder others from working, such to perform offender shall, for every offense, forfeit at the rate of twelve and a half duty. cents an hour for each day.

§ 5. Section forty of said chapter is hereby amended so as to read as follows:

$ 40. Every person so assessed and duly notified who shall not com- Penalty mute, and who shall refuse or neglect to appear as above provided, toppar shall forfeit, for every day's refusal or neglect, at the rate of twelve ing or and a half cents an hour for each day. If he was required to furnish refusal to a team, carriage, man or implements, and shall refuse to comply, he shall be fined as follows:

1. For wholly omitting to comply with such requisition, three dollars for each day of eight hours, and three dollars and seventy-five cents for each day of ten hours.

2. For omitting to furnish a cart, wagon or plough, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

3. For omitting to furnish a pair of horses or oxen, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

4. For omitting to furnish a man to manage the team, one dollar for each day of eight hours, and one dollar and twenty-five cents for each day of ten hours.

§ 6. Section forty-five of said chapter is hereby amended so as to read as follows:

§ 45. Every penalty collected for a refusal or neglect to appear and Penalties work on the highways shall be set off against the assessment upon to be set which it was founded, estimating all moneys collected as a satisfaction off against at the rate of twelve and a half cents an hour for each day.

$7. This act shall take effect immediately. Ante, vol. 1, pp. 463 and 468–70.

assessment.

CHAP. 16.

Deputy AN ACT establishing the salary of the deputy comptroller. Comptroller

Passed May 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows ; Salary. SECTION 1. The salary of the deputy comptroller is hereby fixed at

four thousand dollars per annum, from the first day of June, eighteen Appropria- hundred and eighty, and the sum of five hundred dollars is hereby deficiency. appropriated to supply deficiency in said salary.

2. All laws inconsistent with this act are hereby repealed. 8 3. This act shall take effect immediately.

sors,

ch. 482,

CHAP. 820. Supervi- AN ACT to amend chapter four hundred and eighty-two of

the laws of eighteen hundred and seventy-five, entitled “ An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.

PASSED May 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate ana

Assembly, do enact as follows: Amending SECTION 1. The fifth subdivision of the first section of chapter

four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," as modified and amended by chapter two hundred and fifty-seven of the laws of eighteen hundred and seventy-six, and chapter three hundred and sixty-four of the laws of eighteen hundred and seventy-nine, is hereby further amended so as to

read as follows: Supervi

5. To provide for the care, maintenance, preservation and reparacounties tion of any draw or other bridge (except on the Hudson river below Ito appor

Waterford and on the East river, or over the waters forming the bound

aries of this State), crossing a stream which forms at the point of for main, crossing the dividing line of counties or of towns, and the maintenance, joint

care, and preservation of which bridge is by law a joint charge on bridge, such counties, or on such towns, or on the towns in which such bridge

may be situated, and to severally apportion, as such board may deem equitable, the charge and expense for such maintenance, care, preservation, and reparation, on the towns respectively liable therefor, or on the respective counties when liable; but when such bridge shall span any portion of the navigable tide-waters of this State forming at the point of crossing the boundary line between two counties, such erpense shall be a joint and equal charge on the two counties in which the same is situated, and the board of supervisors in each of such counties is hereby authorized and directed to apportion such expense among the several towns and cities in their respective counties, or upon any or either of such towns and counties as in their judgment

sors of two

authorized

tion expense

tenance of

may seem proper, provided, however, that no town or city not immediately adjacent to such waters at the point spanned by such bridge shall be liable for any larger proportion of such expense, than the taxable property of such town or city bears to the total amount of taxable property of such county. But no such bridge shall be constructed unless the same is authorized by a resolution adopted by a majority of the board of supervisors in each of such counties.

§ 2. This act shall take effect immediately. Ante, p. 158.

CHAP 82.

Board of health.

AN ACT to establish a State board of health.

Passed May 18, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Within twenty days after the passage of this act, the Establishgovernor shall appoint, by and with the advice and consent of the senate, three State commissioners of health, two of whom shall be graduates of legally constituted medical colleges and of not less than seven years' practice of their profession. The said commissioners together with the attorney-general, the superintendent of the State survey and the health officer of the port of New York, who shall be ex-officio members of the State board of health, and three other persons to be designated and appointed by the governor, one of whom shall be a commissioner of health of the board of health of the city of New York, and the others shall be members or commissioners of health of regularly constituted and organized boards of health of cities of the State, shall constitute the board of health of the State of New York. Nothing in chapter three hundred and thirty-five of the laws of eighteen hundred and seventy-three, of the State of New York or in the laws amending the same, or in the laws constituting boards of health in the varrious cities of the State, shall be read or construed to prevent the appointment of the said commissioners of board of health of cities, also members of the board of health of the State of New York, and no appointment to an office or acceptance thereof under this law shall be held to vacate the office previously held in any board of health of any city in this State.

§ 2. The said three commissioners so appointed shall take the oath Commia of office prescribed by the constitution for State officers, and receive oath. from the secretary of State certificates of their appointment. They shall hold office for three years, and whenever a vacancy occurs, the place shall be filled as in other cases provided by law, and the other commissioners shall, from time to time, be designated by the governor as occasion may require, or as their places may be vacated in the board by the expiration of their several terms of office.

$ 3. The State board of health shall meet at least once in every three Meetings months and as much oftener as they shall deem necessary, their first meeting being held in the city of Albany within two weeks after the appointment duly made of the members of the first board and after they shall have qualified as aforesaid, and each annual meeting shall be held within two weeks after the first of May each year after the first, as herein provided. No member of the board except the secretary

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