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said facts. Such certificate shall expire on the thirty-first day of December of the calendar year for which it was issued, but no such certificate shall be issued for the sale of a brand of concentrated commercial feeding stuffs under a brand or trade name which is misleading or deceptive or which tends to mislead or deceive as to the constituents or material of which it is composed. Any such certificate so issued may be cancelled by the commissioner when it is shown that any statement upon which it was issued is false or misleading or if the manufacturer of the feeding stuffs which are manufactured, sold, offered or exposed for sale by the holder of such certificate shall refuse to allow access to the plant where the same is manufactured for the purpose of any inspection authorized by the provisions of this chapter, or if the manufacturer shall refuse to permit an examination of the plant where the particular brand of feeding stuffs so licensed is manufactured or the feeding stuffs and feeding stuff materials therein; provided, nowever, that a retailer having feeding stuffs in his possession for sale which he purchased during the time when the license was in force shall not be prohibited from selling the remainder of such goods on hand by virtue of the revocation of the license or by the fact that the year for which the license was issued has expired. Whenever a manufacturer, firm, association, corporation or person shall have filed the statement required by the last section and paid the license fee as prescribed in this section, no agent, seller or retailer of such brand of feeding stuffs shall be required to file such statement or pay such fee upon said brand during the year for which licensed, nor upon such goods so licensed remaining unsold in subsequent years which were purchased during the year for which it was licensed. For the purpose of this article, concentrated commercial feeding stuffs shall be considered as distinct and separate brands when differing either in guaranteed analysis, ingredients, name, brand or trade-mark.

§ 2. This act shall take effect immediately.

CHAPTER 64

AN ACT to amend the highway law, in relation to the schedule of fees for

motor vehicles used as omnibuses for the transportation of passengers. Became a law March 3, 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. That part of subdivision six-a of section two hun- Ļ. 1909, dred and eighty-two of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, con- subd. 6a, stituting chapter twenty-five of the consolidated laws," which amended. constitutes the schedule of fees for motor vehicles used as omnibuses for the transportation of passengers, such section having been added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten, and such subdivision by chapter

ch. 30,

five hundred and ninety-eight of the laws of nineteen hundred and sixteen, and such portion of such subdivision last amended by chapter five hundred and eighty of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:

SCHEDULE FOR MOTOR VEHICLES USED AS OMNIBUSES FOR THE

TRANSPORTATION OF PASSENGERS. For each such vehicle having a seating capacity for passengers of five passengers or less, the annual fee of fifteen dollars.

For each such vehicle having a seating capacity for passengers of not less than six passengers, nor more than seven passengers, the annual fee of twenty-four dollars and fifty cents.

For each such vehicle having a seating capacity for passengers of not less than eight passengers, nor more than ten passengers, the annual fee of thirty dollars and fifty cents.

For each such vehicle having a seating capacity for passengers of not less than eleven passengers, nor more than sixteen passengers, the annual fee of forty-three dollars.

For each such vehicle having a seating capacity for passengers of not less than seventeen passengers, nor more than twenty passengers, the annual fee of fifty-two dollars.

For each such vehicle having a seating capacity for passengers of not less than twenty-one passengers, nor more than twenty-two passengers, the annual fee of fifty-five dollars.

For each such vehicle having a seating capacity for passengers of not less than twenty-three passengers, nor more than twentysix passengers, the annual fee of sixty-one dollars and fifty cents.

For each such vehicle having a seating capacity for passengers of not less than twenty-seven passengers, nor more than thirty passengers, the annual fee of sixty-seven dollars and fifty cents.

For each such vehicle having a seating capacity for passengers in excess of thirty passengers, the fee of sixty-seven dollars and fifty cents, and the additional fee of two dollars for each passenger (measured by seating capacity) in excess of thirty passengers.

Provided that if any such motor vehicle used as an omnibus for transportation of passengers, and for which a fee is herein provided, is originally registered after July first and on or before October first in any year, the register fee for that year shall be one-half of the fee herein provided for, and if registered after October first in any year, the register fee for that year shall be one-fourth of the fee herein provided for;' and provided further that upon the registration or reregistration of any omnibus mentioned herein the number plates to be issued therefor shall, upon the payment of an additional fee of ten dollars for each omnibus, be the same in form as is issued for passenger motor vehicles which are not omnibuses.

1 Previously amended by L. 1917, chs. 2, 724; L. 1920, chs. 683, 687.
2 Words “and on or before October first” new.
3 Words " such motor vehicle” omitted.

4 Words“, and if registered after October first in any year, the register fee for that year shall be one-fourth of the fee herein provided for,” new.

The foregoing schedules shall not apply to omnibuses operated pursuant to a franchise other than a franchise express or implied in articles of incorporation over streets designated in said franchise wholly within the municipality, and for any such omnibus, without regard to the seating capacity, the annual fee shall be ten dollars; but if any such omnibus shall be also operated outside of the municipality then the foregoing schedule of fees shall apply thereto; and provided further that if any such omnibus for which a ten-dollar fee is herein provided is originally registered after July first and on or before October first in any year the fee for that year shall be one-half the fee herein provided for such omnibus band if registered after October first in any year, the fee for that year shall be one-fourth the fee herein provided for such omnibus.

§ 2. This act shall take effect immediately.

CHAPTER 65

amended.

AN ACT to amend the town law, in relation to granting permission for the

use of water outside of a water district. Became a law March 3, 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 ninety-eight of chapter L. 1909, sixty-three of the laws of nineteen hundred and nine, entitled " An 208 act relating to towns, constituting chapter sixty-two of the consolidated laws," as added by chapter three hundred and fifty-six of the laws of nineteen hundred and nine and last amended by chapter three hundred and thirty-three of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 298. Enlarging water district. Granting permission for use of water outside the district. After the establishment a water district under the provisions of sections two hundred and eighty-two to two hundred and eighty-five, inclusive, of this article. The water commissioners thereof, with the consent of the town board and upon the application of a majority of the owners of taxable real property in the new district, as appears by the last preceding assessment roll, and upon the written application of the person or persons owning one or more parcels of taxable real property in the town outside of and adjoining said water district, may annex and add to said district the territory comprising such outside real estate. An amended map of the proposed enlarged district shall be submitted with said applications and shall be filed as prescribed in section two hundred and eighty-three for the filing of the map of the original district. All applications under this section must be by

new.

5 Words “and on or before October first
6 Remainder of sentence new.
1 Previously amended by L. 1915, ch. 49.

petition or petitions subscribed by the petitioners and acknowledged in the same manner as a deed to be recorded. The reasonable expenses of the necessary proceedings on the extension of the water district, as herein prescribed, are a charge against the enlarged district; excepting that if the extension is not granted, such expenses shall be borne by the petitioners owning such outside real estate. A notice, upon such application, shall be given and a hearing and determination made by and before the water commissioners in the manner, as nearly as may be, as is provided in section two hundred and eighty-five. The determination, if favorable to the applicants, shall, when approved by the town board at any regular or special meeting, be to the effect that the district is extended to include the outside real estate described in the application. From the time such territory is annexed it shall be subject to annual taxation for the raising of money for interest and installments on the balance of unpaid bonds of the original district, with the other property in the district, as enlarged, in the manner prescribed by section two hundred and eighty-nine, and the owners shall enjoy all the water privileges, subject to the same rents and restrictions as the owners of property in such original district. A water district may be repeatedly enlarged and extended under the provisions of this section as often as an application, in conformity thereto, may be made and approved by the water commissioners and town board. The water commissioners, with the consent of the town board, may also, if authorized by a majority vote of the electors owning real estate in the district, taken at a public meeting, of which notice has been given by publication in a newspaper in the town once a week for the preceding four weeks, or, if there be no such newspaper, then by posting for twenty-eight days in twenty public places in the town, permit any person or persons residing or owning real estate outside of the district to use water from the district system outside of the district, for a rental and subject to restrictions to be prescribed by the commissioners. Such a meeting shall be called and notice given by the town clerk at the request of a majority of the water commissioners or at the request of twenty-five taxpayers of the district. The notice of the meeting, in addition to stating the time and place where the same is to be held, shall specify the purpose thereof. There shall be a chairman and two inspectors of election at such meeting to take charge thereof, who shall be chosen by the persons entitled to vote on said proposition. The voting shall be by ballot. The chairman shall announce the result and certify the same in writing to the water commissioners. Such certificate shall be prima facie evidence of the statements therein contained, and if the result of the vote as certified authorizes the commissioners and town board to grant the water permits hereinabove mentioned, they may do so unless restrained by a court or judge having jurisdiction in the premises. Where, however, the mains of the district system connect with the mains laid by an adjoining incorporated village, the said commissioners may, with the consent of the town board and without the necessity of an election, contract with the village to supply all or any part of the water required for the uses of said village water system for such time, not exceeding five years, and upon such terms as may be agreed upon between said district water commissioners and the village or its board of water commissioners.

2 Remainder of section new.

§ 2. This act shall take effect immediately.

CHAPTER 66

AN ACT to amend the banking law, in relation to the annual oath and

declaration of trustees of savings banks. Became a law March 3, 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 two of section two hundred and sixty-one L. 1909, of chapter three hundred and sixty-nine of the laws of nineteen $201. hundred and fourteen, entitled “An act in relation to banking amended corporations, and individuals, partnerships, unincorporated associations and corporations under the supervision of the banking department, constituting chapter two of the consolidated laws, is hereby amended to read as follows:

2. Prior to the first day of March in each year, every trustee Annual of every savings bank shall subscribe a declaration to the effect of suvings that he is, at the date thereof, a trustee of the savings bank, and that he has not resigned, become ineligible, or in any other manner vacated his office as such trustee. Such declaration shall be acknowledged in like manner as a deed to be entitled to record and shall be transmitted to the superintendent of banks and filed in his office prior to the tenth day of March each year. The superintendent of banks, however, in his discretion, for cause shown, may extend the time within which such declaration shall be subscribed and filed.

§ 2. This act shall take effect immediately.

bank trustee.

CHAPTER 67

AN ACT to amend the domestic relations law, in relation to the exercise

of the power and authority of guardians appointed by parent. Became a law March 3, 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 eighty-one of chapter nineteen of the laws of L. 1909,

ch. 19, nineteen hundred and nine, entitled “An act relating to the

8 81 amended.

1 Following sentence new.

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