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$ 925a added to L. 1909, ch. 88.

CHAPTER 283
AN ACT to amend the penal law, in relation to frauds on hotel guests.
Became a law April 1, 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. The penal law is hereby amended by adding thereto a new section to follow section nine hundred and twenty-five, to be known as section nine hundred and twenty-five-a, and to read as follows:

§ 925-a. Frauds on hotel guests. Any driver of any vehicle carrying passengers for hire, or any public porter, who makes any false statement or false representation to any passenger or to any other person of or concerning any hotel, with the intention of inducing any such person to enter, lodge at or become a guest any other hotel, or who, by any false statement or false representation, induces any person not to enter, lodge at or become a guest of any hotel, shall be guilty of a misdemeanor.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

In effect Sept. 1, 1925.

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L. 1909,
ch. 88,
$ 1500a
amended.

CHAPTER 284
AN ACT to amend the penal law, in relation to use of hydroaeroplanes on

certain lakes.
Became a law April 1, 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 fifteen hundred-at of the penal law, is hereby amended to read as follows:

$ 1500-a. Sound of exhaust on gasoline motor boat to be muffled. A person who operates a boat, barge, vessel or other floating structure, on Lake George, Lake Placid, Cayuga and Seneca Lakes, or on the canal system of the state as constructed or improved under the provisions of chapter one hundred and fortyseven of the laws of nineteen hundred and three and amendatory acts and chapter three hundred and ninety-one of the laws of nineteen hundred and nine and amendatory acts, or upon any of the lakes, rivers or streams used in connection with said canal system, propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or other substance, without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of the exhaust in a reasonable manner, shall be guilty of a misdemeanor; but the provisions of this sec1 As added by L. 1911, ch. 768; and amended by L 1916, ch. 380; L 1917, 805; L 1994, ch. 675.

tion shall not apply to any boat, barge, vessel or floating structure

while actually competing in a race held under the auspices of any | club or racing association, or between the hours of nine o'clock

in the morning and sunset, when practicing or being tested for such a race. Hydroaeroplanes shall not be deemed boats or floating structures within the meaning of this section.

§ 2. This act shall take effect immediately.

CHAPTER 285

AN ACT to amend the penal law, in relation to bucket shops. Became a law April 1, 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:

§ 390

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Section 1. Section three hundred and ninetyl of the penal law L. 1909.

ch. 88, is hereby amended to read as follows:

§ 390. Acts prohibited; penalty for violation. Any person, co-amended. o partnership, firm, association or corporation, whether acting in his,

their or its own right, or as the officer, agent, servant, correspondent or representative of another, who shall,

1. Make or offer to make, or assist in making or offering to make any contract respecting the purchase or sale, either upon credit or margin, of any securities or commodities, including all evidences of debt or property and options for the purchase thereof, shares in any corporation or association, bonds, coupons, scrip, rights, choses in action and other evidences of debt or property and options for the purchase thereof or anything movable that is bought and sold, intending that such contract shall be terminated, closed or settled according to, or upon the basis of the public market quotations of

or prices made on any board of trade or exchange or market upon 11 which such commodities or securities are dealt in, and without intending a bona fide purchase or sale of the same; or,

2. Makes or offers to make or assists in making or offering to make any contract respecting the purchase or sale, either upon Io credit or margin, of any such securities or commodities intending

that such contract shall be deemed terminated, closed and settled when such market quotations of or such' prices for such securities or commodities named in such contract shall reach a certain figure,

without intending a bona fide purchase or sale of the same; or, 1 3. Makes or offers to make, or assists in making or offering to

make any contract respecting the purchase or sale, either upon of credit or margin of any such securities or commodities, not intendking the actual bona fide receipt or delivery of any such securities or commodities, but intending a settlement of such contract based 2 Following sentence new. 1 As amended by L. 1913, ch. 236. 2 Word 3 Words or market” new. 4 Words

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upon the difference in such public market quotations of or such prices at which said securities or commodities are, or are asserted to be, bought or sold; or,

4. Shall, as owner, keeper, proprietor or person in charge of, or as officer, director, stockholder, agent, servant, correspondent or representative of such owner, keeper, proprietor or person in charge, or of any other person, keep, conduct or operate any bucket shop, as hereinafter defined; or knowingly permit or allow or induce any person, copartnership, firm, association or corporation whether acting in his, their or its own right, or as the officer, agent, servant, correspondent or representative of another to make or offer to make therein, or to assist in making therein, or in offering to make therein, any of the contracts specified in any of the three preceding subdivisions of this section,

Shall be guilty of a felony and on conviction thereof shall, if a corporation, be punished by a fine of not more than five thousand dollars for each offense and all other persons so convicted shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than five years, or by both such fine and imprisonment. The prosecution, conviction and punishnient of a corporation hereunder shall not be deemed to be a prosecution, conviction or punishment of any of its officers, directors or stockholders.

§ 2. This act shall take effect immediately.

CHAPTER 286

Subd. 14
added to
L. 1909,
ch. 88,
$ 1897.

AN ACT to amend the penal law, in relation to aliens convicted of carrying

concealed weapons. Became a law April 1, 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 eighteen hundred and ninety-seven of the penal law, is hereby amended by adding a new subdivision, to be subdivision fourteen, to read as follows:

14. In case of the conviction under this section of a person who is not a citizen of the United States, it shall be the duty of the district attorney of the county in which such conviction was had to certify the fact of such conviction to the proper officer of the United States government.

§ 2. This act shall take effect September first, nineteen hundred and twenty-five.

In effect Sept. 1, 1925.

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CHAPTER 287

AN ACT to amend the penal law, in relation to fines.
Became a law April 1, 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 four hundred and ninety-one of the penal L, 1909, law is hereby repealed.

§ 491 § 2. This act shall take effect October first, nineteen hundred repealed. and twenty-five.

Oct. 1,

ch. 88,

In effect

1925.

CHAPTER 288

AN ACT to amend chapter one hundred and six of the laws of nineteen hun.

dred and six, entitled "An act creating the offices of police justice and
assistant police justice, in the village of Port Chester, in the county of
Westchester, and to provide for the raising annually an amount sufficient to
pay the salaries of said officers,” in relation to the compensation of the
police justice and acting police justice, and the appointment of a clerk, his

compensation, and providing for the payment thereof.
Became a law April 1, 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 five of chapter one hundred and six of the L. 1906, laws of nineteen hundred and six, entitled “An act creating the ch. 106, offices of police justice and assistant police justice, in the village amended. of Port Chester, in the county of Westchester, and to provide for the raising annually an amount sufficient to pay the salaries of

said officers," as last amended by chapter one hundred and fourteen ds of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:1

§ 5. The said police justice shall receive for his services a compensasum not exceeding thirty-six hundred dollars per annum, payable toncer

police monthly. The said acting police justice shall receive for his serv- justice ices a sum not exceeding three hundred dollars per annum, payable acting monthly, and shall act only when called upon to act in the place pustiere

. or stead of the said justice, in case of his absence or inability to act. In the event that said acting police justice shall so act in excess of fifty days in any year, his compensation shall be at the rate of six dollars per day, which shall be deducted from the salary of the said police justice. In the monthly statement in this act required to be made by the said police justice to the board of trustees, there shall also be a statement as to the number of days that the said acting police justice has been called upon to serve, and when the said number of days shall in any one year exceed

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1 Section materially amended.

§ 4a added.

fifty, the officers of the village of Port Chester shall deduct the amount due said acting police justice in excess of said three hundred dollars from the compensation of the police justice and issue drafts to the said justice and acting police justice, accordingly.

§ 2. Such chapter is hereby amended by inserting a new section following section four, to be section four-a, to read as follows:

§ 4-a. Clerk. The board of trustees of the village of Port Chester are hereby authorized to appoint a clerk to the said police justice and acting police justice, to prescribe his qualifications, duties and term of office, and to fix his compensation, which compensation, not to exceed twelve hundred dollars per annum, shall be included in the amount authorized to be raised by tax for the purposes mentioned in section fifteen of this act.

§ 3. This act shall take effect immediately.

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AN ACT authorizing the board of trustees of the village of Port Henry, in

the county of Essex, to license and regulate the hawking and peddling of

fruit and farm products within the village. Became a law April 1, 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. The board of trustees of the village of Port Henry in the county of Essex may by ordinance prohibit the pursuit or exercise without a license of hawking and peddling of fruit and farm produce within the village, except the sale by the producer thereof, or his servants or employees.

§ 2. This act shall take effect immediately.

CHAPTER 290
AN ACT to provide for the location, creation, acquisition and improvement

of parks or parkways in and by the village of Port Chester; authorizing the
borrowing of money and issuing of bonds therefor; providing for the manage-
ment and maintenance thereof; creating a commission therefor, and defining

the powers and duties of such commission. Became a law April 1, 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. The board of trustees of the village of Port Chester shall within sixty days after this act becomes a law appoint three citizens and residents of said village, who when so appointed shall constitute a board of commissioners under the name and style of “Port Chester park commission.” One of such commissioners shall hold office for a term to expire January first, nineteen hundred and twenty-six; one for a term to expire January first, nine

Port Chester park commission, appoint ment. Commissioners; terms, vacancies.

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