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L. 1911,

ch. 647, § 211, subd. 3 amended.

CHAPTER 18

AN ACT to amend the conservation law, in relation to the taking of waterfowl.

Became a law February 17, 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 three of section two hundred and eleven of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter one hundred and one of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:

3. Manner of taking. Water fowl may be taken during the open season from half an hour before sunrise to sunset from the land, from a blind or floating device used to conceal the hunter (other than a sail or power boat), from a rowboat, when the same is within fifty feet of the shore or a natural growth of flags or 2bulrushes. Wounded birds may be pursued and taken any distance from shore. Flocks of ducks shall not be pursued in fresh water so as to drive them away from any neighborhood. § 2. This act shall take effect immediately.

Appropriation.

CHAPTER 19

AN ACT making an appropriation to defray the expenses of the conservation commission for reforesting, acquiring land for the establishment, operation and maintenance of nurseries, and other expenses necessary thereto,

Became a law February 17, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senute and Assembly, do enact as follows:

Section 1. There is hereby appropriated out of the moneys in the state treasury not otherwise appropriated, the sum of one hundred twenty thousand dollars ($120,000), to be immediately available to the conservation commission for reforesting, including personal service, material, equipment, supplies, transportation facilities, automobiles and trucks and acquiring land for establishing and maintaining of nurseries in any part of the state.

1 Previously amended by L. 1913, ch. 508; L. 1916, ch. 521; L. 1919, ch. 1.
2 Remainder of sentence formerly read: "in pursuit of wounded birds.”
3 Following sentence new.

of lands

nurseries.

§ 2. The conservation commission may purchase, subject to the Purchase approval of the governor, lands for the purpose of establishing for nurseries in any part of the state. No part of the money so appropriated shall be available to pay the purchase price of land until the title thereto shall have been approved by the attorneygeneral. The moneys hereby appropriated shall be paid out by the treasurer on the warrant of the comptroller on vouchers approved by the conservation commissioner.

§ 3. This act shall take effect immediately.

CHAPTER 20

AN ACT to amend the conservation law, in relation to the breeding of deer. Became a law February 17, 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:

ch. 647,

amended.

Section 1. Subdivision one of section three hundred and seventy- L. 1911, two of chapter six hundred and forty-seven of the laws of nineteen § 372, hundred and eleven, entitled "An act relating to the conservation sende of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter three hundred and ninety of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 372. Breeding of elk, deer, pheasants, geese, ducks, quail and Hungarian partridge; license; manner of killing; tagging; transportation; sale; reports; fencing; revocation of license. 1. License. Any person desiring to engage in the business of raising and selling domesticated American elk, mule deer, white-tailed deer, European red deer, fallow deer and Japanese deer, roebuck, pheasants, Canada geese, Hutchins geese, mallard ducks, black ducks, bob white quail and Hungarian or grey leg partridge, or any of them in a wholly enclosed preserve, or entire island, of which he is the owner or lessee, may make application in writing to the commission for a license to do so. The commission, when it shall appear that such application is made in good faith, shall, upon the payment of a fee of five dollars, issue to such applicant a breeder's license permitting such applicant to breed and raise domesticated American elk, mule deer," white-tailed deer, European. red deer, fallow deer and Japanese deer, roebuck, pheasants, Canada geese, Hutchins geese, mallard ducks, black ducks, bob white quail and Hungarian or grey leg partridge, or any of them, on such preserve or entire island, and to sell the same alive at any time for breeding or stocking purposes and to kill and transport

1 Previously amended by L. 1913, ch. 508; L. 1919, ch. 230; L. 1920, ch. 61. 2 Words "mule deer" new.

1. 1915, ch. 356,

$ 67 amended.

the same and sell the carcasses thereof for food as hereinafter provided, except that the carcasses of bob white quail and Hungarian or grey leg partridge raised in this state shall not be sold for food. Such license shall expire on the last day of December in each year at midnight.

§ 2. This act shall take effect immediately.

CHAPTER 21

AN ACT to amend chapter three hundred and fifty-six of the laws of nineteen hundred and fifteen, entitled “An act to incorporate the city of White Plains,” in relation to the maturities of bonds to provide for the supply of water and the qualification of voters.

Became a law February 17, 1925, with the approval of the Governor. Passed, by a two-thirds vote under emergency message.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section sixty-seven of chapter three hundred and fifty-six of the laws of nineteen hundred and fifteen entitled, "An act to incorporate the city of White Plains" as amended by chapter five hundred and twenty-one of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:1 § 67. Bonds. The common council shall have power to issue bonds for any municipal purpose except as herein limited. No bonds of the city shall be issued except pursuant to a resolution of the common council, concurred in by at least two-thirds of its members. All bonds shall be signed by the mayor, countersigned by the commissioner of finance and attested by the city clerk. All bonds and interest shall be payable at the office of the commissioner of finance. Provision shall be made for the redemption of the same number of bonds each year succeeding the year in which the bonds of an issue first mature, except, when necessary, the last year. Interest on bonds shall be payable semiannually. Bonds shall mature within the limitations prescribed by this act and bear such rate of interest, not exceeding six per centum per annum, as the common council determines. No bonds shall be issued for a longer term than thirty-five years. The bonds of an issue for the acquisition of real property or the construction of buildings or trunk sewers or to provide for the supply of water2 must begin to mature within ten years from the date of issue. No bonds of an issue for purposes other than the acquisition of real property, or the construction of buildings or sewers or to provide for the supply of water shall be issued for more than ten years, and the bonds of such issues must begin to mature within three years from the date of issue. No bonds shall be issued for current operating expenses, repairs or supplies, or for the city's share of the cost of curbs, gutters or sidewalks. Any bond or bonds or certificate or certificates of indebt

1 Section 67 is further amended by L. 1925, ch. 589, post.
2 Words or to provide for the supply of water,' new.

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edness which are obligations binding upon the territory or any part thereof hereby incorporated as the city of White Plains, at the time this act takes effect may be refunded when they become due and payable by the common council issuing new bonds in place of said bond or bonds becoming due and payable. Such new bond or bonds to be payable at such times and bearing such rate of interest, not exceeding six per centum, as the common council shall determine. Such refunding bonds to be issued in the manner provided in this act for the issuance of bonds.

No bonds exceeding fifty thousand dollars for any one particular purpose shall be issued in any one calendar year by the common council unless a proposition has been adopted authorizing such issue, which proposition may be submitted at the regular municipal election, or at a special election held for that purpose. Notice of a special election for the submission of a proposition shall be given in the same manner as for a regular municipal election. All votes upon a proposition submitted at a city election shall be by ballot, and the provisions of the election law relating to ballots apply to propositions submitted under this section.

To entitle a person to vote upon a proposition such person3 must be entitled to vote for city officers and 'must also be the owner of property in the city assessed upon the last preceding assessment roll thereof.5

§ 2. This act shall take effect immediately.

CHAPTER 22

AN ACT to legalize and confirm the acts and proceedings of the village of Portville in Cattaraugus county, its electors, board of trustees, officers and agents prior to, at the time of and subsequent to a special election held in and for said village on March twenty-ninth, nineteen hundred and twentyfour, relative to borrowing money for certain public purposes and issuing and selling bonds or certificates of indebtedness of the village therefor and to raise money by tax in said village to provide for the payment of the principal and interest of said obligations.

Became a law February 17, 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:

to

issuance of

Section 1. All acts and proceedings taken at and preliminary Proceedings to an election held in and for the village of Portville, Cattaraugus relative county, New York, on the twenty-ninth day of March, nineteen bonds hundred and twenty-four, upon the proposition to borrow upon

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5 Sentence omitted which read: "A woman who possesses the qualifications to vote for city officers, except the qualifications of sex, who is the owner of property in the city assessed upon the last preceding assessment roll thereof, is entitled to vote upon such a proposition "*

legalized.

Issuance authorized.

To be valid

obligations

of village.

Tax for payment.

Pending actions.

the credit of said village the sum of thirty thousand dollars, or so much thereof as shall be necessary, and to issue and sell the bonds of the village therefor, in the denominations of one thousand dollars each, dated and issued as of January first or July first, first following the date of the completion of the public improvement hereinafter specified, bearing interest at not exceeding six per centum per annum payable semi-annually on January first and July first of each year during the term of said bonds respectively, the principal to mature and be paid in not exceeding fifteen equal annual installments as follows: two thousand dollars one year from the date of issue and the sum of two thousand dollars each successive one year thereafter until the bonds so issued are fully paid, the proceeds of which, or so much thereof as may be necessary to be deposited with the state comptroller subject to the draft or requisition of the state commission of highways to be used in payment of the village's share of the cost of six feet additional width of the state and county highway to be constructed on Brooklyn street from its intersection with Main street to the village limits, three feet in width on each side of the sixteen feet to be constructed by the state, and in constructing proper dykes, fills and rip-rapping in and along Dodge's creek as a necessary part of such additional width; and all acts and proceedings of the said electors and of the board of trustees, officers and agents of the said village relative to the foregoing proposition prior to, at the time of and subsequent to such election, are all and singular hereby legalized, ratified and confirmed and given full force and effect according to their apparent purport and intent; and the said village of Portville and the board of trustees, thereof, are hereby authorized to issue the said bonds and certificates of indebtedness as provided for in said proposition and in this act and to sell the same at not less than their par value in the manner prescribed by law; and any bonds or certificates of indebtedness so issued and sold shall be valid and binding obligations of the said village of Portville.

§ 2. For the purpose of raising money to pay the principal and interest of said bonds as they severally mature there shall be raised annually in said village by tax upon taxable property in said village pursuant to the provisions of the village law, in each and every year during the term of said bonds, a sum sufficient to pay the principal and interest of said bonds and certificates as they shall fall due and be payable.

§ 3. This act shall not affect any action or proceeding now pending in any court.

§ 4. This act shall take effect immediately.

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