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§ 8. Compilation of forest, fish and game law. As soon as practicable after the adjournment of the legislature in each year, the forest fish and game commissioner shall make a compilation of the forest, fish and game law, as amended at the date of such compilation, and properly index the same. Copies of said compilation, sufficient in number for the purposes of this section, shall be printed in pamphlet form of pocket size, under the direction of the clerks of the senate and assembly, and such clerks shall distribute them as follows: One hundred copies to each senator, fifty copies to each assemblyman, fifteen thousand copies to the forest, fish and game commissioner for general distribution and a sufficient additional number to enable him to deliver to county, city and town clerks one copy for each person procuring a hunting license. It shall be the duty of the commissioner to supply said copies to the various clerks aforesaid, and each person procuring a hunting license is entitled to one copy of said compilation. § 2. This act shall take effect immediately.

L. 1909,
ch. 51,
8 11
amended.

Chap. 424.

AN ACT to amend the public officers law, in relation to official undertakings.

Became a law June 23, 1911, 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 eleven of chapter fifty-one of the laws of nineteen hundred and nine, entitled "An act in relation to public officers, constituting chapter forty-seven of the consolidated laws," is hereby amended to read as follows:

§ 11. Official undertakings. Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum,1 1 Words "if any " omitted.

specified in such undertaking. The undertaking of a state officer shall be approved by the comptroller both as to its form and as to the sufficiency of the sureties, and be filed in the comptroller's office. The undertaking of a municipal officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the chief executive officer or by the governing body of the municipality and be filed with the clerk thereof. The approval of such governing body may be by resolution, a certified copy of which shall be attached to the undertaking. The undertaking of a county officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the clerk of the county, and filed in his office, except that the undertaking of a county clerk shall be filed in the office of the state comptroller. "The undertaking of a town officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the clerk of the county and filed in his office. The sum specified in an official undertaking shall be the sum for which such undertaking shall be required by or in pursuance of law to be given. If a different sum from that required by or in pursuance of law, be specified in the undertaking, it shall be deemed to be an undertaking for the amount so required. If no sum be required by or in pursuance of law to be so specified, the officer or board authorized to approve the undertaking shall fix the sum to be specified therein. Every official undertaking shall be executed and duly acknowledged by a surety company qualified to act as surety thereon, or by at least two sureties, each of whom shall add thereto his affidavit that he is a freeholder or householder within the state, stating his occupation and residence and the street number of his residence and place of business, if in the city, and the sum which he is worth over and above his just debts and liabilities and property exempt from execution. The aggregate of the sums so stated in such affidavit must be at least double the amount specified in the undertaking. The failure to execute an official undertaking in the form or by the number of sureties required by or in pursuance of law, or of a surety thereto to make an affidavit required by or in pursuance of law, or in the form so required, or the omission

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no sum, or omitted.

4 Words " and a sum be specified in the undertaking, the sum so specified shall not limit the liability of the sureties therein," omitted. Remainder of sentence new.

66

5 Words a surety company qualified to act as surety thereon, or by," new.

from such an undertaking of the approval required by or in pursuance of law, shall not affect the liability of the sureties therein. § 2. This act shall take effect immediately.

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Chap. 425.

AN ACT to amend chapter six hundred and ninety of the laws of nineteen hundred and ten, entitled "An act to amend chapter two hundred and twenty of the laws of eighteen hundred and sixty-six, entitled 'An act to amend the charter of the village of Saratoga Springs, and the several acts amendatory thereof,' in relation to the acquisition of parks in said village, and to provide for their maintenance and improvement.

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Became a law June 23, 1911, 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 two hundred and twenty of the laws of eighteen hundred and sixty-six, as amended' by chapter six hundred and ninety of the laws of nineteen hundred and ten, entitled "An act to amend the charter of the village of Saratoga Springs, and the several acts amendatory thereof," is hereby amended to read, respectively, as follows:

2. Section eighty-seven is hereby amended so as to read as follows:

887. The village may, from time to time, acquire and take title to a park or parks situated within its limits. The expenditure for acquiring any such park or parks2 shall not exceed the sum of three hundred thousand dollars prior to the first day of May, nineteen hundred and thirteen. The sum of ten thousand dollars may be raised each year, as are other taxes in the village, for maintaining, beautifying and improving the park or parks acquired by the village, and for providing entertainment therein. For the purpose of acquiring such

1 The amendment consisted of adding §§ 86-89, relative to the acquisition of parks.

2 Words "and their maintenance

& Formerly $250,000.

4 Formerly 1911.

Following sentence new.

omitted.

park or parks, the commissioner of parks may purchase such tract, or tracts, of land as he shall deem suitable for the purpose. If he shall be unable to agree with the owner or owners, for such land, he may acquire the same by proceedings under the condemnation law, all the provisions of which are hereby made applicable to such proceeding. The village engineer and surveyor and the village attorney shall render all services necessary in such proceedings and the expenses of the proceedings shall be paid out of the miscellaneous funds of said village. The lands thus acquired, either by purchase or by condemnation, are hereby declared to be for a public use. The title thereto shall be taken in the name of, and such premises shall be owned by the village, and shall be maintained as a public park or parks. The commissioner may sell, tear down, or may remove, any and all buildings upon any property acquired for park purposes, and may sell any materials therefrom, and the proceeds of such sales shall be paid into the village treasury and may be used for park purposes, in addition to the sums raised therefor. The clerk of the village Duties shall act as clerk of said commissioner and his salary shall be fixed by the commissioner and all title deeds and muniments of title after due record shall be deposited with the village comptroller and be retained by him. The commissioner shall file an Annual nually a detailed report of his receipts and expenditures with the report. board of trustees of the said village.

§ 3. Section eighty-eight is hereby amended so as to read as follows:

of clerk.

financial

amended.

issue.

§ 88. Whenever, prior to May first, nineteen hundred and Bond thirteen, the commissioner of parks shall have contracted for the purchase of any lands in said village for the purpose of a park, or parks, or if taken by condemnation, whenever the amount awarded for any such lands shall have been confirmed by the court, such commissioner may make his requisition upon the board of trustees of said village for the amount required for that purpose, and said board of trustees shall thereupon execute bonds of said village of proper denominations and terms, not exceeding the sum of three hundred thousand dollars in the aggregate amount and shall sell the same at public auction to the highest bidder, and the proceeds of such sale shall be deposited with, and kept by, the tion of

Words "and his salary shall be fixed by the commissioner," new. 7 Formerly 1911.

Formerly $250,000.

Disposi

proceeds.

Tax

levy for

parks.

receiver of taxes of said village, and paid out by him on proper certificate by the commissioner and audit, only in payment of said lands thus taken by said commissioner for park purposes," and said village is hereby authorized to issue said bonds and to do every act and thing necessary to make the proceeds thereof available for the purpose herein stated, and said bonds when issued shall be valid obligations of said village. The amount necessary for the laying out, beautifying and constructing such park or parks and the amount necessary for the acquisition of new parks, for the ensuing year, beginning May first, nineteen hundred and thirteen,10 and each year thereafter, shall be certified by said. commissioner of parks to the board of trustees of the village, in the month of April in each year, and shall be included in the next tax levy of said village and raised as are other taxes therein, and when raised shall be held by the receiver of taxes, subject to the certificate of said commissioner of parks, and proper audit for such purposes hereinbefore specified respectively. But the amount raised in any one year for laying out, beautifying and constructing the park or parks owned by the said village shall not exceed the sum of ten thousand dollars.

§ 4. This act shall take effect immediately.

Chap. 426.

AN ACT making an appropriation for highway improvement, in expediting the building of portions of state route number five.

Became a law June 23, 1911, 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 sum of seven hundred thousand dollars ($700,000) is hereby appropriated, to become available immediately, payable out of money realized from bonds issued in accordance with the provisions of chapter four hundred and sixty-nine of the laws of nineteen hundred and six, as amended by chapter seven

9 Provision relating to use of portion of money prior to May 1, 1911 omitted.

10 Formerly 1911.

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