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and directed by the state commissioner of excise by written instructions.

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

$ 40. Intoxication in a public place.- Any person intoxicated in a public place is guilty of a misdemeanor, and may be arrested without warrant while so intoxicated, and shall be punished by a fine of not less than three nor more than ten dollars, or by imprisonment not exceeding six months or by both such fine and imprisonment. The purchase or procurement of liquor for

any person to whom it is forbidden to sell liquor under section thirty of this act, is a misdemeanor, punishable upon conviction, by a fine of not less than ten dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

$ 29. Section forty-two of the said chapter is hereby amended so as to read as follows:

§ 42. Penalties; actions to recover.—Any corporation, association, copartnership or person who shall traffic in liquor contrary to the provisions of the liquor tax law, or who shall make a false statement upon application for a liquor tax certificate, or upon application for the transfer or surrender and cancellation thereof, or who shall violate any of the provisions of sections eleven, thirteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-five, thirty-six, or thirty-seven of said law, in addition to the punishment and penalties in this act otherwise imposed and provided, shall be liable to a penalty of fifty dollars for each and every violation, to be recovered by the state commissioner of excise in an action brought in his name as such commissioner, in any court of record in any county of the state, provided that two or more penalties may be sued for and recovered in the same action; and if such corporation, association, copartnership or person be the holder of a liquor tax certificate, such certificate shall be forfeited. When an action is brought in any county other than the county wherein the defendant resides, or in an adjoining county, the place of trial of such action may be changed to any county adjoining the county wherein the defendant resides, for cause shown as provided by the code of civil procedure. If judgment be recovered against the holder of a liquor tax certificate in any action for penalties, such judgment shall provide, in addition to the penalties included therein, that such certificate and all rights thereunder of the holder thereof, including all rebate moneys upon cancellation, be forfeited, and that the defendant, or any person having such certificate in his possession or under his control, shall surrender said certificate to the officer who issued the same, or to his successor in office, immediately upon the service of a certified copy of said judgment; and neglect or refusal of any person to surrender said certificate in pursuance of the provisions of any such judgment shall be a contempt of court, punishable in the manner provided by the code of civil procedure. All moneys recovered in any such action or actions shall be paid over and accounted for in the same manner as are moneys collected under subdivision four of section eleven of this act. The state commissioner of excise may also in like manner bring an action in his name as such commissioner to recover the penalty provided for by section thirty-eight of this act and the provisions of this section shall apply to the commencement and prosecution of such action and the disposition of all moneys recovered as penalties therein.

§ 30. When to take effect. This act shall take effect immediately.

tion for

Chap. 315.
AN ACT to provide for the erection and equipment of a building for

experiments and investigations in dairying, and for other purposes,
at the State Agricultural Station at Geneva, and making an appro-

priation therefor.
Became a law April 21, 1897, 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: Appropria- Section 1. For the purpose of erecting and equipping a suitable building. building for experiments and investigations in dairying in all its

relations, in horticulture, in plant diseases and insect pests, the sum of forty-one thousand dollars, or so much thereof as may be necessary, is hereby appropriated from any moneys in the treasury not otherwise appropriated, to be paid by the treasurer on the war. rant of the comptroller, to the New York Agricultural Experi

ment Station at Geneva, upon vouchers approved by the commisApproval. sioner of agriculture. No part of such moneys so appropriated of plans.

shall be expended until plans and specifications for the construction of such buildings shall have been approved by the state architect, nor until the state architect has certified that in his judgment the cost of the completion of such building, in accordance with such plans and specifications, will not exceed the amount of such appropriation. Such approval and certificate shall be filed with the commissioner of agriculture.

§ 2. This act shall take effect immediately.

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services

tion to

Chap. 317.
AN ACT to legalize the acts and services of Charles N. Hoffman

while acting as school commissioner for the second district of Niag-
ara county, performed by him between January first, eighteen hun-
dred and ninety-four, and December thirty-first, eighteen hundred
and ninety-six, and permitting the board of claims to hear and

audit his claim for services.
Became a law April 21, 1897, 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 acts and services of Charles N. Hoffman while act. Acts and ing as school commissioner for the second district of Niagara legalized. county, actually performed by him between January first, eighteen hundred and ninety-four and the time when he was finally judicially declared not to have been elected to said office, are hereby ratified, legalized and confirmed.

§ 2. Jurisdiction is hereby conferred upon the board of claims Jurisdicto hear, audit, and determine, the alleged claim of Charles N. Hoff. hear

claims, man, the person named in section one hereof, or his legal representatives or assigns. The said board of claims is hereby empowered to award such compensation for such services rendered, and for expenditures incurred by said Charles N. Hoffman as school commissioner for the second district of Niagara county, between the first day of January, eighteen hundred and ninetyfour and the time when he was finally judicially declared not to have been elected to said office, as may be just and equitable, not exceeding the amount which he would have received for the time during which he performed the duties of the office had he been duly elected, and all technical and legal objections to the ascertainment of the value of such services, and the amount of said disbursements by the said board of claims are hereby expressly waived.

§ 3. Either party may appeal to the third appellate division Appeal of the supreme court from any award made under authority of award. this act; provided such appeal be taken by service of a notice of appeal within thirty days after the service of a copy of the award.

§ 4. This act shall take effect immediately.

from

Chap 322. AN ACT to amend the game law, relating to woodcock in Richmond

county. Became a law April 23, 1897, 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 four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title of which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, to read "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park constituting chapter thirty-one of the general laws to be known as the fisheries, game and forest law,” is hereby amended by adding the following section to be number fifty-six to read as follows:

§ 56. Closed season for woodcock in Richmond county.-Woodcock shall not be pursued, shot at, hunted, killed or possessed, in Richmond county, except from the fourth day of July to the thirtyfirst day of December, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each woodcock killed, trapped or possessed contrary to the provisions of this section. Anything contained in sections seventy-four, seventy-five and seventy-six of this act relating to woodcock, effecting Richmond county as to closed season on woodcock, is hereby repealed.

§ 2. This act is to take effect immediately.

Chap. 323. AN ACT to amend the town law, relative to the filing and lien of col

lectors' undertakings, and providing for filing a satisfaction thereof. Became a law April 23, 1897, 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 fifty-three of article three of chapter five hundred and sixty-nine of the laws of eighteen hundred and ninety, 'entitled “ An act in relation to towns, constituting chapter twenty

of the general laws," known as the town law, is hereby amended to read as follows:

$ 53. Filing and lien of collectors' undertaking.-The supervisor shall, within six days thereafter, file the undertaking with his approval indorsed thereon, in the office of the county clerk, who shall make an entry thereof in a book to be provided for the purpose, in the same manner as judgments are entered of record; and every such undertaking shall be a lien on all the real estate held jointly or severally by the collector or his sureties within the county at the time of the filing thereof, and shall continue to be such lien, until its condition, together with all costs and charges which may accrue by the prosecution thereof, shall be fully satisfied. Upon a settlement in full between the county treasurer and collector, a certificate of payment shall be executed in duplicate by the county treasurer, one copy to be delivered to the collector and one copy of such certificate shall be filed by the county treasurer in the office of the county clerk, and said county clerk shall then enter a satisfaction thereof in the book in which the filing of said bond is entered and opposite said entry of filing.

§ 2. This act shall take effect immediately.

Chap. 326. AN ACT to amend the game law, and the act amendatory thereof,

relating to taking minnows for bait. Became a law April 23, 1897, 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 one hundred forty-five of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninetytwo, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, to read An act relating to game, fish, and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended to read as follows:

§ 145. Taking minnows for bait.—The provisions of this act prohibiting the use or placing of nets and certain other devices in

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