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porated portion of the district shall not be entitled to the protection, nor liable to be assessed or taxed for the support of the fire department of such district. Where any two fire districts not within any incorporated village adjoin each other, the boundary line between such districts may be changed by the board of supervisors of the county in which they are located, upon a written verified petition of the taxable inhabitants of the portion of the fire district applied to be changed, whose names appear upon the last preceding assessment-roll of the town within which said portion of said fire district is located, as owning or representing more than one-half of the taxable property of such portion of said fire district, provided the taxable inhabitants of both said fire districts and within the county, whose names appear upon the last preceding assessment-roll of the town or towns, owning or representing more than one-half of the taxable property of said district shall consent in writing to such change.

§ 2. This act shall take effect immediately.

Chap. 330. AN ACT to amend the fisheries, game and forest law, and the act

amendatory thereof, in regard to use of nets. 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 and thirty-four of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hun. dred 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:

§ 134. Meshes of nets used in Lakes Erie and Ontario and Cat. taraugus creek.-The meshes of nets used in Lake Erie and Lake Ontario and Cattaraugus creek shall not be less than one and one eighth inch bar. It shall be lawful for fishermen holding license from the fisheries, game and forest commission to fish with nets in said lakes, to hang or reel the said licensed nets for the purpose of cleaning and drying, on the shores of said lakes, or on the shores of any island therein, or on the shores of any of the harborg of said lakes or of any island therein. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

§ 2. This act shall take effect immediately.

Chap 331.
AN ACT making an appropriation for the payment of confidential

clerks to certain justices of the supreme court in the fifth judicial
district, pursuant to chapter eight hundred and ninety-three,

laws of eighteen hundred and ninety-six.
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:

Appropria- Section 1. The sum of four thousand seven hundred and tion for confidenis ninety-five dollars, or so much thereof as may be necessary, is

hereby appropriated out of any money in the treasury not other. wise appropriated, for the payment of confidential clerks to resi. dent trial justices of the supreme court in the fifth judicial district, excepting those resident in cities in said district, in which there is now a resident supreme court stenographer, from May thirtieth, eighteen hundred and ninety-six, to September thirtieth, eighteen hundred ninety-seven, to be refunded to the treasury, pursuant to the provisions of chapter eight hundred ninety-three, laws of eighteen hundred ninety-six.

§ 2. This act shall take effect immediately.

amended,

Chap. 332.
AN ACT to amend chapter two hundred and ninety-one of the

laws of eighteen hundred and seventy, entitled “An act for the
incorporation of villages," as amended by chapter five hundred
and three of the laws of eighteen hundred and ninety-three, in

relation to powers of boards of supervisors.
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 thirty-three of chapter two hundred and nine. Act
ty-one of the laws of eighteen hundred and seventy, entitled "An
act for the incorporation of villages," as amended by chapter eight
hundred and seventy of the laws of eighteen hundred and seventy-
one, and chapter five hundred and three of the laws of eighteen
hundred and ninety-three, is hereby amended to read as follows:

$ 33. The board of supervisors of a county, having as shown Powers of by the then last preceding federal or state enumeration, a popula. visors to tion of not more than two hundred thousand inhabitants, are aries. hereby authorized and empowered to extend the boundaries of any incorporated village within such county, upon the petition of the president and a majority of the board of trustees of such village and of one-half of the electors resident within the portion of territory sought to be included, who shall be liable to be assessed for the ordinary and extraordinary expenditures of such village, if so extended, by a vote of a majority of all the supervisors elected, to be taken by yeas and nays, provided, that no act, ordinance or resolution for such purpose shall be valid and operative unless it shall receive the affirmative vote of the supervisors of the town or towns from which the additional territory is to be taken, in which such village is situated, and of the supervisor or supervisors, if any, of such village. And the said boards of supervisors are also author- Power to ized and empowered to diminish the boundaries of any incorporated boundvillage within their respective counties, so as to exclude from such incorporation any portion of the territory embraced therein, apon the petition of two-thirds of the electors resident within the portion of territory sought to be so excluded, who shall be liable to be assessed for the ordinary and extraordinary expenditures of such village, by a vote of a majority of all the supervisors elected, to be

super

bound

diminish

aries,

Petition where

taken by yeas and nays, provided, that no act, ordinance or resolution for such purpose shall be valid and operative unless it shall receive the affirmative vote of the supervisor or supervisors, if any,

of such village. Where, in any territory proposed to be included there is no in or excluded from any such incorporated village, there is no resipopulation. dent population, the petition for changing the boundaries of such

village shall be signed by a majority of the electors residing within the village, who shall be liable to be assessed for the ordinary and extraordinary expenditures of such village.

§ 2. This act shall take effect immediately.

law

tions of

Chap. 334.
AN ACT to amend the highway law, relative to commutations

of labor on highways.
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: Highway Section 1. Section sixty-two of chapter five hundred and sixtyamended.

eight of the laws of eighteen hundred and ninety, constituting chapter nineteen of the general laws, as amended by chapter nine hundred and seventy-three of the laws of eighteen hundred and

ninety-six, is hereby amended so as to read as follows: Commuta- § 62. Every person and corporation shall work the whole numlabor. ber of days for which he or it shall have been assessed, except such

days as shall be commuted for, at the rate of one dollar per day, and such commutation money shall be paid to the overseers of highways of the district in which the labor shall be assessed, within at least twenty-four hours before the time when the person or corporation is required to appear and work on the highways; but any corporation must pay its commutation money to the commissioners of highways of the town, who shall pay the same to the overseers of the districts respectively, in which the labor commuted for was assessed, except in the counties of Chemung, Onondaga, Columbia, Wayne, Erie, Franklin, Sullivan, Tioga, Saratoga, Broome and Orange, where such commutation money shall be paid on or before the first day of June of each year, to the commissioner or commissioners of highways of the town in which the labor shall be assessed, and such commutation money shall be expended by the commissioner or commissioners of highways upon the roads and bridges of the town as may be directed by the town board.

§ 2. This act shall take effect immediately.

state re

Chap. 335.
AN ACT to release to Mary Ann Connolly, the right, title and

interest and estate of the people of the state, in and to certain

real estate in the city of Brooklyn, county of Kings.
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. All the right, title and interest of the people of the Interest of state, acquired by escheat in and to all that certain lot or leased parcel of land situate in the seventeenth ward of the city of Brooklyn, county of Kings, bounded and described as follows, viz.: Beginning at a point on the southerly side of K street (now called Kent street) distant four hundred and twenty-five feet easterly from the corner formed by the intersection of the southerly line of said Kent street with the easterly line of Union avenue (now called Manhattan avenue) running thence easterly along the southerly side of said Kent street, twenty-five feet, thence southerly parallel with Union avenue (now called Manhattan avenue) one hundred feet; thence westerly parallel with said Kent street, twenty-five feet, and thence northerly parallel with Union avenue (now called Manhattan avenue) one hundred feet to the point or place of beginning, is hereby released to Mary Ann Connolly, of the city of Brooklyn, county of Kings and state of New York and to her heirs and assigns forever.

§ 2. Nothing in this act shall be construed to impair or affect Proviso. the right in said real estate of any heir-at-law, devisee, grantee or creditor by mortgage, judgment or otherwise. $ 3. This act shall take effect immediately.

Vol. I 33

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