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L. 1911, ch. 647, § 52, subd. 2 amended.

L. 1911, ch. 647, § 185, subd. 2 amended.

CHAPTER 10

AN ACT to amend the conservation law, in relation to fire districts. Became a law February 10, 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 two of section fifty-two 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, and constituting chapter sixty-five of the consolidated laws," as last amended by chapter thirty-eight of the laws of nineteen hundred and twentythree,1 is hereby amended to read as follows:

2

2. Fire districts. The commission may establish a forest fire protective system in such other parts of the state as it may deem necessary. In such regions the commission may maintain an approved fire protective system, including fire observation stations and other equipment necessary to prevent and extinguish forest fires.

§ 2. This act shall take effect immediately.

CHAPTER 11

AN ACT to amend the conservation law, in relation to the issuing of hunting and trapping licenses.

Became a law February 10, 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 two of section one hundred and eightyfive 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 ten of the laws of nineteen hundred and twenty-three, la is hereby amended to read as follows:

2. Application; penalties. Said license shall be procured from the conservation commission, or the2a county, city or town clerk of the county, city or town, in the following manner, to wit: The applicant shall fill out a blank application to be furnished by the commission, stating his name, age, occupation, place of birth, place of residence, post-office address, whether a citizen of the United States or an alien and such other facts or descriptions as may be required by the commission; and if such applicant is a foreign born person he shall submit to the clerk to whom the application is made his naturalization papers, or if such applicant was naturalized through the naturalization of another person, he shall submit the naturalization papers of the person through whom he claimed to be naturalized with proof by affidavit of his relationship to such person, or if such applicant was naturalized by marriage to a citizen of the United States the fact of such marriage shall be established by affidavit. Said application shall be subscribed and sworn to by the applicant before any officer authorized to administer oaths in the state of New York. Where the application is made to a town or city clerk, it may be sworn to before such clerk, who is hereby authorized to administer an oath for that purpose. Any false statement contained in such application shall render the license null and void. Any person who shall make any false statement in an application for a license, shall be deemed guilty of perjury, and, on conviction thereof, shall be subject to the penalties provided for the commission of perjury.

1 Added by L. 1916, ch. 451. Previously amended by L. 1919, ch. 540. 2 Remainder of sentence omitted which read: "where there are contiguous areas of forest land aggregating seventy-five thousand acres or upwards." 1a Previously amended by L. 1913, ch. 508; L. 1917, ch. 81; L. 1922, ch. 381. 2a Words "conservation commission, or the," new.

§ 2. Subdivision three of such chapter as amended by chapter $ 185, three hundred and eighty-one of the laws of nineteen hundred subedded and twenty-two, is hereby amended to read as follows:

3. Fees. Said applicant, if a resident of the state for over six months and a citizen, shall pay to the clerk countersigning and issuing the license the sum of one dollar as a license fee, together with the sum of twenty-five cents as the fee of the county, city or town clerk for issuing such license, and if a nonresident of the state, shall pay to the clerk countersigning and issuing license the sum of ten dollars together with the sum of fifty cents as a fee to the clerk.

"If license is procured from the conservation commission, applicant, if a resident of the state for over six months and a citizen, shall pay to the clerk countersigning and issuing license the sum of one dollar and twenty-five cents as a license fee, and if a nonresident of the state, shall pay to the clerk countersigning and issuing license the sum of ten dollars and fifty cents as a license fee.

The fee to be paid by an Indian residing in the state, or by a member of the six nations residing on any reservation wholly or partly within the state, shall be one dollar together with the sum of twenty-five cents as a fee to the clerk.

amended.

§ 3. Subdivision four of such chapter as amended by chapter 185,

3 Words "through the clerk of each county, city or town," omitted.

4 Should read: "of section one hundred and eighty-five."

5 Added by L. 1912, ch. 318. Previously amended by L. 1913, ch. 508;

L. 1916, ch. 521; L. 1920, ch. 468.

6 Following paragraph new.

subd. 4 amended.

7 Should read: "of section one hundred and eighty-five."

$ 185, subd. 5 amended.

one hundred and seventy-eight of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

4. Disposition of fees. The license fees above provided for shall be remitted by the city and town clerks on the first Tuesday of each month to the county clerk of the county, with duplicate schedules setting forth the name and residence of each licensee and the serial number of and the amount paid for each license issued. Such license fees, less four per centum thereof which the county clerk is hereby authorized to retain to cover cost of postage and expressage used in distributing licenses to city and town clerks and for his reports and return of stubs and unused licenses required to be made to the commission, and for nis compensation, and the license fees received by the county clerk for issuing licenses from his office, less four per centum thereof for such compensation, expressage and postage, shall belong to the state and shall be remitted to the commission on the second Tuesday of each month with the original of said schedule. Fees received by the commission from sale of hunting and trapping licenses shall be remitted by the commission to the state treasurer as are fines and penalties.

§ 4. Subdivision five10 of such chapter as amended by chapter one hundred and ten of the laws of nineteen hundred and twentythree,11 is hereby amended to read as follows:

5. Contents and power under. Said license shall be issued in the name of the commission, and be sealed with the seal of the commission or of the county, city or town in which the same is issued and be countersigned by the clerk issuing the same. Every license issued shall be signed by the licensee in ink on the face thereof. It shall entitle the person to whom issued to hunt, pursue and kill game animals, fowl and birds and trap fur bearing animals within the state at any time, when or place where it shall be lawful to hunt, pursue, kill and take such game animals, fowl and birds in this state.

The license shall not entitle the holder to hunt, pursue, kill or take such game animals, fowl and birds upon an Indian reservation unless the licensee be an Indian residing on such reservation. No such license shall be issued to any unnaturalized foreign born person, except by special license issued directly by the conservation commission.

§ 5. This act shall take effect immediately.

8 Added by L. 1912, ch. 318. Previously amended by L. 1913, ch. 508; L. 1916, ch. 297; L. 1922, ch. 36.

9 Following sentence, which was part of preceding sentence, formerly read: ", and the fees so received by the commission shall be remitted by the commission to the state treasurer as are fines and penalties."

10 Should read: "of section one hundred and eighty-five."
11 Added by L.
L. 1922, ch. 381.
amendments here
said ch. 353.

1912, ch. 318. Previously amended by L. 1913, ch. 508;
Subd. 5 is again amended by L. 1925, ch. 353, post; the
effected are not incorporated in subd. 5 as amended by

12 Words "commission or of the " new.

CHAPTER 12

AN ACT to amend the conservation law, in relation to the tagging of elk, deer, pheasants, geese, ducks, quail and Hungarian partridge.

Became a law February 10, 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:

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amended.

Section 1. Subdivision three of section three hundred and L. 1911, seventy-two of chapter six hundred and forty-seven of the laws of 347, nineteen hundred and eleven, entitled "An act relating to conser- subd. 3 vation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as amended by chapter two hundred and thirty of the laws of nineteen hundred and nineteen,1 is hereby amended to read as follows: 3. Tagging. No elk, deer, pheasants, geese or ducks, killed as aforesaid, shall be shipped, transported, sold or offered for sale, unless each quarter and each loin of each carcass of such elk or deer, and each pheasant, geese or duck shall have been tagged under the supervision of the commission with an indestructible tag or seal, which shall be supplied by the commission. The quarters and loins of the carcass of such elk or deer, and the carcasses of such pheasants, geese or ducks, when tagged as aforesaid, may be possessed, sold or offered for sale at any time. Every game protector or person designated by whom such elk, deer, pheasant, geese or ducks shall have been tagged, shall, within five days thereafter, make and file with the commission a written report thereof, said tags or seals shall remain affixed as aforesaid until the quarters or loins of such elk or deer, or the carcasses of such pheasants, geese or ducks shall have been wholly consumed, and the sale of a quarter, loin, or any larger portion of any such elk or deer, or the carcass of any such pheasant, geese or duck, which shall not at the time have affixed thereto the tag or seal aforesaid, shall constitute a violation of this section, provided, however, that the keeper of a hotel, a restaurant, a boarding house or a retail dealer in meat or a club, may sell portions of a quarter or loin of any such elk or deer, or of the carcass of any such pheasants, geese or ducks so tagged or sealed as aforesaid, to a patron or customer for actual consumption, and no license shall be required of such person or club.

§ 2. This act shall take effect immediately.

1 Added by L. 1912, ch. 318. Previously amended by L. 1914, ch. 92. Words "and intended for sale" omitted.

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L. 1923, ch. 900, §§ 1, 3 amended.

Construction directed.

CHAPTER 13

AN ACT to amend chapter nine hundred of the laws of nineteen hundred and twenty-three, entitled "An act to provide for the construction of a highway bridge across the Hudson river at Poughkeepsie, between the counties of Dutchess and Ulster, and for the construction of approaches thereto, and making an appropriation therefor," in relation to the acquisition of real estate and easements, and disposition of tolls.

Became a law February 13, 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. Sections one and three of chapter nine hundred of the laws of nineteen hundred and twenty-three, entitled "An act to provide for the construction of a highway bridge across the Hudson river at Poughkeepsie, between the counties of Dutchess and Ulster, and for the construction of approaches thereto, and making an appropriation therefor," as amended by chapter seventy-nine of the laws of nineteen hundred and twenty-four, are hereby amended to read, respectively, as follows:

§ 1. The superintendent of public works is hereby authorized and directed to construct, across the Hudson river from such point in the city of Poughkeepsie to such point in the county of Ulster as he may select, a highway bridge for foot passengers and vehicular traffic, and necessary approaches, in accordance with plans, designs and specifications to be prepared by him or under his direction, subject to approval by the proper federal authorities. He and his duly authorized subordinates and agents may enter on any lands, waters and premises for the purpose of making surveys, Acquisition soundings and examinations. It shall be the duty of the boards of

Entry on lands authorized.

of necessary real

estate.

supervisors of the counties of Ulster and Dutchess to acquire the necessary real estate and easements for the construction of said bridge and its approaches, in their respective counties, upon the certification by the superintendent of public works of maps therefor; and the purchase price of such real estate and easements and the awards, costs and expenses of any proceedings to acquire the same shall be in the first instance1 a charge against, and paid by said counties by bond issue or otherwise. The counties may purchase the necessary real estate and easements if they are able to agree with the owners thereof, but otherwise the said counties are hereby directed, authorized and empowered to acquire such necessary real estate and easements in the manner provided by, and subject to the provisions, so far as practicable, of section one hundred and fifty to one hundred and fifty-four of the highway law, except that upon the filing of the oath of the commissioners in the office of the county clerk of the county, the title to the lands described in the petition and map filed in the office of the

1 Words "in the first instance" new.

2 Remainder of sentence formerly read: "by condemnation, under the condemnation law."

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