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of the first or second class, whose duty it shall be to carry out the provisions of this act. The members of said board shall be appointed by the governor, and the term of office shall be for five years, except that the members of said board first appointed shall hold office for the term of one, two, three, four and five years, as designated by the governor, and until such time as their successors shall be duly appointed. The board of examiners shall hold sessions for the purpose of examining applicants desiring to practice horseshoeing as master or journeyman horseshoers, in each city affected by this act, as often as shall be necessary, and shall grant a certificate to any person showing himself qualified to practice, and shall receive as compensation a fee of five dollars from each person examined. Three members of said board shall constitute

a quorum. Certain

§ 6. Any person who shall present to the clerk of any county demeanor. for the purpose of registration as herein provided, a false affidavit,

or any certificate which has been fraudulently obtained, or shall practice as a master or journeymen horseshoer without conforming to the requirements of this act, or shall otherwise violate or neglect to comply with any of the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a

fine of not more than twenty-five dollars or imprisonment for not Fines for more than ten days, or by both such fine and imprisonment. All violation.

fines imposed or collected for violations of the provisions of this act must be paid to the state board of examiners herein to defray the

expenses of said board. Repeal. § 2. All acts and parts of acts inconsistent with this act are

hereby repealed.

$ 3. This act shall take effect immediately.

acts a mis

Chap. 149.

AN ACT to amend the code of civil procedure, relating to the

appointment of committees for incompetent persons who are

inmates of State institutions.
Became a law April 1, 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 twenty-three hundred and twenty-three-a of the code of civil procedure, is hereby amended to read as follows:

$ 2323a. Application when incompetent person is in a state institution; petition, by whom made; contents and proceedings upon presentation thereof.- Where an incompetent person has been committed to a state institution in any manner provided by law, and is an inmate thereof, the petition may be presented on behalf of the state by a state officer having special jurisdiction over the institution where the incompetent person is confined or the superintendent or acting superintendent of said institution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which the petitioner has special jurisdiction, or of which he is superintendent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, and if there be none, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the nature, extent and income of his property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if any, or if none to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both, of such incompetent person or may require any further proof which it or he may deem necessary before making such appointment.

§ 2. This act shall take effect April first, eighteen hundred and ninety-seven.

Chap. 150.

AN ACT to amend chapter four hundred and eighty-eight of the

laws of eighteen hundred and ninety-two 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, relating to trout, close season. Became a law April 1, 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 five of article five 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 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 so as to read as follows:

$ 105. Trout; close season.— Trout of any kind shall not be fished for, caught, killed or possessed except from the sixteenth day of April to the thirty-first day of August, both inclusive, except as provided by section one hundred and sixty-six and in Spring Brook creek, situated in the counties of Monroe and Livingston, trout shall not be fished for, caught, killed or possessed except from the twenty-ninth day of March to the thirty-first day of August, 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 violation and ten dollars for each fish so caught or possessed.

§ 2. This act shall take effect immediately.

Chap. 151.

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

amendatory thereof, relating to trout fishing.
Became a law April 1, 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 sixty-six 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:

$ 166. Trout; close season.--Trout shall not be fished for, caught, killed or sold as food except from the twenty-ninth day of March to the thirty-first day of August, both inclusive. But trout so caught or killed under the provisions and limitations of this article, between the twenty-ninth day of March and the sixteenth day of April, may be sold anywhere in the city of New York and Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each fish so caught.

§ 2. This act shall take effect immediately.

Chap. 153.
AN ACT to protect purchasers on sales of real estate of infants, by

special guardian, prior to January first, eighteen hundred and

seventy-two.
Became a law April 1, 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 sales of real estate belonging to infant owners, Sale of made by special guardian under the orders of the supreme court, confirmed. county court, or late court of chancery, prior to January first, eigh

Proviso.

teen hundred and seventy-two, and the conveyance therefor, executed by said special guardian, are hereby ratified and confirmed, notwithstanding the omission by any such special guardian, to affix his or her title as special guardian or to sign the name the infant or infants whose real estate was thus conveyed to such deed of conveyance; provided, that the person who executed such conveyance was the duly appointed special guardian of such infant or infants, and such conveyance was in other respects executed in conformity to the order of the court in which the proceedings for such sale were had.

& 2. This act shall not affect the rights of any party to any suit or legal proceeding, commenced before the passage thereof, in consequence of the irregularity of any proceeding, or the invalidity of any deed which by the foregoing section is legalized and made valid.

8 3. This act shall take effect immediately.

Rights, etc., not affected.

tures au

Chap 154.
AN ACT providing for completing the erection of a new kitchen

and for other improvements at Auburn prison, as contemplated by
chapter two hundred and seventy-nine of the laws of eighteen hun-

dred and ninety-six.
Became a law April 1, 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:
Expendi-

Section 1. The superintendent of state prisons is hereby authorthorized

ized to expend out of the moneys received by the agent and warden of Auburn prison, “as the proceeds of the labor of the prisoners and the sales of articles manufactured by them," and standing to the credit of such agent and warden in banks at Auburn, the sum of sixty-five hundred dollars, or so much thereof as may be necessary, for completing the erection of a new kitchen and for purchasing an engine for the new execution room, and for other improvements at Auburn prison, as contemplated by chapter two hundred and seventynine of the laws of eighteen hundred and ninety-six.

$ 2. The moneys hereby authorized to be expended shall be drawn Moneys,

and accounted for in the same manner as moneys drawn for the drawn, etc.

purchase of materials for manufacturing purposes.

$ 3. This act shall take effect immediately.

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