§ 101, subds. 1, 6 amended. L. 1909, amended. necessary; and shall, on a written complaint of a majority of the chiefs of such nation, when any trespass has been committed on the lands of such reservation, or any timber, wood or logs have been cut, carried away or converted by any person, not an Indian, to his own use, immediately commence the proper suit for recovery of such property or of damages for such injury. $86. Payment of annuity. The proportionate share of such nation to the annuity of five hundred dollars, agreed to be paid by the state of New York under a treaty dated September twelfth, eighteen hundred and fifteen, shall be paid by18 the state to the treasurer of the Tonawanda nation. Their proportionate share shall be determined by the ratio that their numbers bear to the whole number of Senecas residing in other parts of the state, having an interest in such annuity. § 100. Appointment of attorney. There shall continue to be an attorney of the Saint Regis Indians, who shall hold office for the term of three years and shall receive an annual salary of one hundred and fifty dollars, payable by the state. The attorney in office at the time this chapter takes effect shall hold office until the expiration of the term for which he was appointed. Upon the expiration of such term the state board of charities shall appoint a successor to sueh attorney. Such attorney shall execute a bond in the sum of four thousand dollars. § 3. Subdivisions one and six of section one hundred and one of such chapter are hereby amended to read as follows: 1. Shall receive from the department of charities 20 the annuities due from the state to the Saint Regis tribe of Indians; 6. Shall annually report to the department of charities20 on or before the first day of December, all his proceedings under this section. § 4. This act shall take effect immediately. CHAPTER 17 AN ACT to amend the penal law, in relation to public health Became a law February 3, 1927, 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 seventeen hundred and sixty-four of the penal law is hereby amended to read as follows: § 1764. Unlawful sale of tuberculous cattle. A person who knowingly sells, except under the supervision of the commissioner of agriculture2 and markets, any bovine animal in which tuberculosis shall have been indicated as a result of the tuberculin test, is guilty of a felony. § 2. This act shall take effect immediately. 18 Words the treasurer of " omitted. 19 Words "state board of charities" substituted for word " governor." 20 Words "department of charities" substituted for word "comptroller." 1 As added by L. 1926, ch. 56. 2 Word agriculture" substituted for word "farms." CHAPTER 18 AN ACT to amend the general highway traffic law, in relation to the printing of such law for distribution Became a law February 3, 1927, 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: 31 Section 1. Section thirty-one of chapter six hundred and fifty- L. 1917, five of the laws of nineteen hundred and seventeen, entitled "An ch 655, act to provide for the uniform regulation of vehicles, animals and amended. pedestrians on any public highway in the state, constituting chapter seventy of the consolidated laws," as amended by chapter four hundred of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows: § 31. Publication and distribution of regulations. This chapter shall be printed in pamphlet form by the department of taxation and finance,1 and a copy thereof either mailed or given by it to each person, firm or corporation to whom a motor vehicle license or chauffeur's license is issued during the period of one year from the time this chapter takes effect, and subsequently to each such person, firm or corporation to whom a license has not previously been issued during the period mentioned. The police department of each city and village shall see that this chapter is posted in all public stables, and garages and street car barns and at hack, cab and express stands and shall keep copies of it at all other stations and issue it upon application. § 2. This act shall take effect immediately. CHAPTER 19 AN ACT to amend the state departments law, in relation to the appointment and removal of the heads of certain divisions in the department of charities Became a law February 3, 1927, 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: 1 §§ 384, amended. Section 1. Sections three hundred, and eighty-four and three L. 1926, hundred and eighty-five of chapter three hundred and forty-three ch 4, of the laws of nineteen hundred and twenty-six, entitled "An 385 act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," as added by chapter six hundred and fifty-one of the laws of nineteen hundred and twentysix, is hereby amended to read as follows: 1 Words "department of taxation and finance "substituted for words "state tax commission." 8 16 added to L. 1926, ch. 343. § 384. Division of administration of institutions. The head of the division of administration of institutions shall be a person to be appointed by the board. He may be removed by the board in accordance with the civil service law and rules. The board shall assign to such division the functions, powers and duties of the department in relation to the administration of institutions under its jurisdiction and control. § 385. Division of special welfare interests. The head of the division of special welfare interests shall be a person to be appointed by the board. He may be removed by the board in accordance with the civil service law and rules. The board shall assign to such division such functions, powers and duties of the department in relation to special welfare interests, and such other functions, powers and duties as are not assigned to or under the jurisdiction of another division and as the board may deem appropriate. 2. This act shall take effect immediately. CHAPTER 20 AN ACT to amend the state departments law, in relation to the manner in which departmental powers and duties shall be exercised and performed generally Became a law February 3, 1927, 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 three hundred and forty-three of the laws of nineteen hundred and twenty-six, entitled "An act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," is hereby amended by inserting therein, in article one, a new section, to be section sixteen, to read as follows: § 16. Departmental powers and duties; how exercised. 1. A statutory power or duty in terms assigned to a department by this chapter or in terms conferred or imposed since the first day of January, nineteen hundred and twenty-seven, or hereafter, upon a department shall be exercised or performed in the department by the officer, body, division, bureau or agency, if any, whose functions as fixed by statute clearly embrace such a power or duty, and if such functions are not so fixed or do not clearly embrace such power or duty, or if such officer or body be the head of the department, it shall be exercised or performed by the head of the department or by an officer, employee, division, bureau or agency of the department designated by such head. 2. If, since the first day of January, nineteen hundred and twenty-seven, or hereafter, a statutory power or duty shall have 1 Words ", with the approval of the governor," omitted. • Words or by the governor. Such removal shall be," omitted. en conferred or imposed, in terms, upon an officer or body designated in a law in force immediately prior to such day, it shall be deemed a power or duty of the department to which were assigned and transferred by this chapter, functions, powers and duties of such officer or body pertaining to the subject or matter affected by such statutory power or duty, and it shall be exercised in such department by or under the direction of the corresponding statutory authority, if any, and if there be no such corresponding authority or if such authority be the head of the department, it shall be exercised or performed by the head of the department or by an officer, employee, division, bureau or agency of the department designated by such head. 3. A statutory power or duty in terms conferred or imposed since the first day of January, nineteen hundred and twentyseven, or hereafter, upon an officer or body who or which is the head of a department shall be deemed a power or duty of the department, to be exercised or performed as though conferred or imposed, in terms, upon the department, as provided in subdivision one of this section. 4. A statutory power or duty in terms conferred or imposed since the first day of January, nineteen hundred and twenty-seven, or hereafter, upon an officer or body in a department. who or which is not the head thereof, or upon a division or bureau of the department, shall be deemed a power or duty of the department, to be exercised or performed by or under the direction of such officer or body, or through such division or bureau. 5. The foregoing provisions of this section shall not supersede any express provision of law which, in terms or in effect, authorizes the head of a department or its chief executive officer to assign the powers and duties of the department to the several officers, employees, divisions and bureaus therein or to transfer an officer or employee from one office or position to another or to change the name of or consolidate or abolish offices, positions, divisions or bureaus. 6. A statutory power or duty of a department exercised or performed by an authority other than the head of the department shall be so exercised or performed subject to the supervision, direction and control, by rule or otherwise, of such head, except as otherwise provided in the next two subdivisions. 7. If a statutory power or duty shall have been conferred or imposed in terms since the first day of January, nineteen hundred and twenty-seven, or hereafter, or where the exercise of any statutory power or duty of a department is devolved by the effect of this section, upon the state board of canvassers, the board of commissioners of the land office, the industrial board, the board of parole for state prisons, the board of housing, the state commission of correction, the water power and control commission, the public service commission, the transit commission or the state tax commission, such power or duty in so far as it provides, either in terms or in effect, for the determination of a fact, the exercise of a discretion or the making of a study or investigation, or in so far as the effectual exercise of such power or duty, with respect to such activities requires the direction and control of subordinates, or any power or duty incidental to the foregoing matters, shall be exercised by such a body without supervision, direction or control by any other authority, except as otherwise expressly provided by laws applying, in terms, to such body or to a division which it constitutes or of which it is the head. This subdivision shall not impair nor affect any provisions of law relating to the governor's approval of licenses issued by the water power and control commission. Notwithstanding the foregoing provisions of this subdivision, the head of the department, or his or its authorized representatives, shall have access at all times to all records. papers, documents and books of any such body and at any time may investigate its activities and require reports and data relating thereto. The head of the department also may assign to the work of such a body, to be performed under its direction, any subordinates of the department whose regular duties pertain to other work; and the head of the department, with the concurrence of any such body, may utilize for any work of the department subordinates regularly engaged in the work of such body. 8. If a statutory power or duty shall have been conferred or imposed in terms since the first day of January, nineteen hundred and twenty-seven, or hereafter, or where the exercise of any statutory power or duty of a department is devolved by the effect of this section, upon an officer who, by statute, is the chief executive officer of a department, and, by statute, exercises and performs his powers and duties generally subject to rules of the head of the department, without other statutory provision for supervision, direction or control by the head of the department, the exercise or performance of the power or duty so devolved shall be subject only to such rules. 9. The provisions of this section shall not be held to authorize the head of a department to delegate to an officer or other authority in the department a statutory power of the head of the department to appoint, to approve the appointment of or to remove subordinates or employees, but such limitation shall not impair or affect a provision of law expressly conferring such authority. Also, where it is expressly provided, or clearly implied, by statute, or the nature of the power or duty requires that a statutory power or duty shall be exercised or performed by the head of the department personally, if one officer, and otherwise by action of such body or by its members personally, it shall be so exercised or performed. " " |