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New York (State). Legislature.

Laws of the State of New York passed at the sessions of the Legislature online

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LAWS



STATE OF pW YORK,



PAflSBD AT THB



■ ONE HUNDRED AND THIRTY-EIGHTH SESSION



LEGISLATURE,



BEGUN JANUARY SIXTH, 1915, AND ENDED APRIL
TWENTY-FOURTH, 1916,

AT THE CITY OF ALBANY.

AND ALSO OTHER MATTERS REQUIRED BY LAW TO
BE PUBLISHED WITH THE SESSION LAWS.



Vol. in.



ALBANY

J. B. LYON CJOMPANY, STATE PRINTERS

1915



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232808



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TABLE OF CONTENTS.



Page.

Certificate of secretary of state v

Piiblication of session laws vii

List of officers and members of the l^slature ix



Laws of New York, 1915 1



Appendix.

Concurrent resolutions.

Proposed amendments to the constitution of the

state of New York 2695

Election of r^ent 2700



Tables of laws and codes amended or repealed.

L Changes in the consolidated laws, 1909-1915. . . 3

n. Changes in the code of civil procedure, 1915. . . . Ill

III. Changes in the code of criminal procedure, 1915. 113

IV. Changes in laws, other than the consolidated laws

and codes, 1912-1915 113

Statement of optional city charters adopted 155

Table of I^alizing acts, 1915 156

Index 159

[iii]



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CERTIFICATE.



STATE OF NEW YORK,

Office of the Secretaby of -State,

Albany, Aiigust 15, 1915.
Pursuant to the directions of chapter 37, laws of 1909, entitled
legislative law, I hereby certify that the following volume of
the laws of this state was printed under my direction.

FRANCIS M. HUGO,

Secretary of State.

In this volume, every act which received the assent of a
majority of all the members of the legislature, three-fifths of all
the members elected to either house thereof being present, pur-
suant to section 25 of article 3 of the constitution of this state,
is designated under its title by the words "passed, three-fifths
being present." And every act which received the assent of a
majority of all the members elected to each branch of the legis-
lature, pursuant to section 15 of article 3 of the constitution of
this state, is designated under its title by the words " passed, a
majority being present" And every act which received the
assent of two-tiirds of all the members elected to each branch of
the legislature, pursuant to section 20 of article 3 of the con-
stitution of this state, is designated under its title by the words
" passed by a two-thirds vote." [See legislative law, laws of 1909,
chapter 37, section 44.]

Iv]



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PUBLICATION OF SESSION LAWS.



§ 45. PnblioatioiL of session laws; contents of published volumes of
session laws. The secretary of state shall annually cause the
session laws to be published as soon as possible after the adjourn-
ment of the legislature. Such volumes shall contain :

1. A statement of the names and residences of the governor,
lieutenant-governor, senators and members of assembly, the pre-
siding officers and clerks of both houses in office during each
session.

2. The laws and concurrent resolutions passed at each session.
8. Amendments to the state constitution approved and ratified

by the people at the last preceding general election.

4. Tables showing the laws and parts thereof amended or
repealed by such laws.

5. Indexes of the laws and concurrent resolutions contained in
such volumes.

6. Such other matters as are required by law to be published
in such volumes.

Such laws, concurrent resolutions, tables, indexes and other
matters so required to be published shall be prepared for publi-
cation in the state library under the supervision of the director
thereof. Side notes or section headings shall be inserted indi-
cating the subject-matter of the several sections of the laws and
concurrent resolutions. Suitable references to existing general
or consolidated laws, codes, or special or local laws may be made
in foot notes or otherwise. The said director may submit to the
state printing board changes in the style of execution as to type
and paper, which, when approved by such board, shall be the
style of execution to be thereafter followed in the publication of
session laws. All contracts hereafter entered into for the print-
ing of session laws shall be for terms of two years, and shall pro-
vide for the printing thereof in the style as so approved, and with

Ivll]



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viii Publication of Session Laws.

the notes and references and in the form, and containing the
matter, herein authorized or required. Each volume printed for
the state shall contain the certificate of the secretary of state that
it was printed under his direction. (Legislative law, L. 1909,
ch. 37, § 45, as amended by L, 1911, ch. 272.)



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List of Officers and Members of the L^slatttre.



1915.



NAMES AND RESIDENCES

Or THE GOYBBNOR, LlEUTBNANT-GoVERNOR, SENATORS AND MEMBERS OF ASSEMBLY
THE PbESIDINO OPnCERS AND ClERKS OF BoTH HoUSES OF THE LEGISLATURE OF

THE State of2^ew York at the Time of the Passage of the Laws Contained
IN this Volume.

GOVERNOR.

CHARLES S. WHITMAN i Albany. Albany County.

LIEUTENANT-GOVERNOR.
EDWARD SCHOENECK Syracuse, Onondaga County.

CLERK OF THE SENATE.
ERNEST A. FAY Potsdam, St. Lawrence County.

SENATORS.





NAME.


County.


Address.


1


George L. Thompson

Bernard M. Patten


Suffolk


Kings Park.


9


Queens


Long Island City.
Brooklyn.
Brooklyn.
Brooklyn.


3


Thomas H. Cullen


Kings. .


4


Charles C. Lockwood

William J. Heffeman

William B. CarsweU


Kingp


5


Kings


6


Kings


Brooklyn.
Brooklyn.
Brooklyn.


7


DanielJ. CarroU


Kinffs


8


Alvah W. Burlingame, Jr

Robert R. Lawson


Kings


Q


Kings .


Brooklyn.
Brooklyn.
New York city.


10


Alfred J. GUchrist


Kings


IT


Christopher D. Sullivan

Henry W. Doll


New York


1?


New York


New York city.
New York city.
New York city.


13


James J. Walker


New York


14


James A. Foley


New York


15


John J. Boylan


New York


New York city.


16


Robert F. Wagner


New York


New York city.


17


Oeden L Mills


New York


New York city.


18


W*11mm M. DAnnpft.t .


New York


New York city.


19


George W. Simpson


New York


New York city.



1 Official residence.



IX



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LIST OF OFFICERS.



SENATOKS— (CMKiwIad).



1


NAME.


County.


Address.


90


Irving I. Joseph . .


New York


New York city.
New York city.
New York dty.
Dongan Hills.
Port Chester.


?1


John J, DunnigAii .


New York


??,


James A. Hamilton


New York


?t8


Georse CromweU


Richmond


?A


George A. Slater


Westchester


?J>


John D. Stivers


Orange


Middletown.


?A


James K. Towner


Putnam


Towners.


77


Charles W. Walton


Ulster

Albany


Kingston.
Menands.


?H


Henry M. Sage


?I9


Walter A. Wood. Jr


Rensselaer


HoosTck Falls.


30




Saratoga


Mechanieville.


31


Arden L. Norton


Schoharie


Cobleskill.


3?!


James A. Ejmerson


Herkimer


Herkimer.


33


Warren


Warrensburg.
Malone.


34


N. Monroe Marshall


Franklm


35


* Elon R. Brown


Jefferson


Watertown.


36


Charles W. Wicks


Oneida


Sauquoit.
Norwich.


37


Samuel A. Jones


Chenango


38


J. Henry Walters


Onondaga


Syracuse.
Tie^tertthim.


39


Willi Am H Hill


Broome


40


Charles J. Hewitt


Cavuira.


Locke.


41




Tompkins


Ithaca.


49.


Thomas B. Wilson


Ontario


Hall.


43


Charles D. Newton


Livingston


Geneseo.


44


Archie D. Sanders


Genesee


Stafford.


45


George F. Argetsinger

John B. Mullan


Monroe


Rochester.


46


Monroe


Rochester.


47


George F. Thompson

Clinton T. Horton


Niagara


Middleport.
Buffalo.


48


Erie


49


Samuel J. Ramsperger

William P. Greiner


Erie


Buffalo.


50


Erie


Buffalo.


51


George E.. Spring


Cattaraugus


Franklinville.











' Temporary president.



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LIST OF OFFICERS.



zi



SPEAKEB OF THE ASSEMBLY.

Thaddius C. Swkxt Phobnix, Oswbgo Countt.

CLERK OF THE ASSEMBLY.
Fbxd W. Hammond Stracusb, Onondaga County.

MEMBERS OF ASSEMBLY.



-8
n

.9

Q



NAME.



County.



Address.



^ Harold J. Hinman

John G. Malone

William C. Baxter

Elmer E. Ferry

Simon P. Quick

De Hart H. Ames

William F. Whitman. . . .

A. Morelle Cheney

John Leo Sullivan

Horace K. Walker

BertLoid

Alexander W. Fairbank .
WiUiam Wallace Chaoe.

Geoijse H. Wiltsie

Edwin A. Mackey

James C. Allen

Francis G. Landon

Allen Keeney

Ross Graves

Nicholas J. Miller

James M. Mead

Arthur G. McEhoy

Peter C. Jesewski

John F. Heim

Leonard W. Gibbs

Fhmk Bret Thorn

Raymond T. Kenyon. . .
' Alexander Maodonald .

James H.Wood

Louis H. Weils

George H. Chase

SeidenC. Clobridge

Henry E. Machold

Willaid S. Augsbury. . . .
R. Hunter McQuistion.

WiUiam J. Gillen

Prank J. Taylor

Peter A. McArdle

Fred G. MOligan, Jr. . . .

Nathan D. S^piro

Daniel F. Farrell

John J. McKeon

Fred 8. Burr

Fred M. Ahem

George R. Brennan



Albany

Albany

Albany

Allegany

Broome

Cattaraugus

Cajruga

Chautauqua

Chautauqua

Chemung

Chenango

Clinton

Columbia

Cortland

Delaware

Dutchess

Dutchess

Erie

Erie

Erie

Erie

Erie

Erie

Erie

Erie

Erie

Essex

Franklin

Fulton and Hamilton .

Geuesee

Greene

Herkimer

Jefferson

Jefferson

Kings

Kings

Kings

Kings

Kings

Kings

Kings

Kings

Kings

Kings

Kings



Albany.

Albany.

Watervliet.

Almond.

Windsor.

Franklin ville.

Venice Center.

Bemus Point.

Dunkirk.

Horseheads, R. F. D.

Afton.

Chasy.

Hudson.

Cortland.

Franklin.

Clinton Comers.

Staatsburg.

Buffalo.

Buffalo.

Buffalo.

Buffalo.

Buffalo.

Buffalo.

Lancaster.

Buffalo.

Orchard Park.

Ausable Forks.

St. Regis Falls.

Gloversville.

Pavilion.

Jewett.

Herkimer.

Ellisburg.

Antwerp.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.

Brooklyn.



> Resigned May 14, 1915.

> Resigned April 27, 1915.



Appointed deputy attorney general.
Appointed deputy conservation conmiissioner.



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Xll



LIST OF OFFICERS.



MEMBERS OF ASSEMBLY— (Continaed).



s

.a
Q



NAME.




Address.



12
13
14
15
16
17
18
19
20
21
22
23



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31



William T. Simpson

Herman Kramer

John Peter La PVenx

James J. Phelan

Samuel R. Green

Frederick A. WeUs

Almeth W. Hoflf

William A. Bacher

August C. Flamman. . . .

Isaac Mendelsohn

Charles H. Duff

Nathan B. Finkelstein. .

Henry L. Grant

Edward M. Magee

MorellE. Tallett.......

James A. Harris

Simon Louis Adler

John R. Powers

Frank Dobson

Franklin W. Judson . . . .

E. Coming Davis

Thomas A. McWhinney

John J. Ryan

Alfred E. Smith

Carmine J. Marasco . . . .

Henry S. Schimmel ,

Maurice McDonald

Nathan D. Perlman ...
Peter P. McElligott. ..

Sidney Scharlin

Charles D. Donohue

Walter M. Friedland . . .

John Kerrigan

Joseph D. Kelly

James C. Campbell

Robert L. Tudor

Abram Ellenbogen

Martin G. McCue

Martin Bourke

Mark Goldberg

Patrick F. Cotter

Frank Aranow

Harold C. Mitchell

Maurice Bloch

Daniel C. Oliver

Owen M. Kieman

Francis R. Stoddard, Jr

Joseph Steinberg

Charles E. Rice, Jr

Salvatore A. Cotillo. . . .

Howard Conkling

Dennis G. Donovan . . . .

Aaron A. Feinberg



Kings

Kingp

Kings

TCingp

Kings

Kings

Kings

Kingp

Kings

Kings

Kings

Kings

Lewis

Livingston

Madison

Monroe

Monroe

Monroe

Monroe

Monroe

Montgomery

Nassau

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York

New York (partly

Bronx)

New York



Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Brooklyn.
Copenhagen.
Groveland Station.
DeRuyter.
Penfi4d.
Rochester.
Rochester.
Charlotte.
Gates.
Fonda.
Lawrence.
New York city.
New York city.
New York city.
New York city.
New Y<»k city.
New York dty.
New York city.
New York city.
New York city.
New York dty.
New York dty.
New York dty.
New York city.
New York dty. '
New York dty.
New York dty.
New York city.
New York dty.
New York dty.
New York dty.
New York city.
New York dty.
New York dty.
New York dty.
New York dty.
New York city.
New York dty.
New York dty.
New York dty.

New York city.
New York city.



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LIST OF OFFICERS.



xiu



MEMBERS OF ASSEMBLY— (Conciaded).



•8

I



NAME.



County.



Address.



32

33

34

35

1

2

1

2

3

1

2

3

1
2



Williams. Evans.. ...

Earl H.Miller

M. Maldwin Fertig —
Joseph M. Callahan . . .

William Bewley

Alan V.Parker

FredF. Emden

Charles J. Fuess

J. Bra}rton Fuller

Edward Amis

J. Leslie Kincaid

Jacob R. Buecheler —

Heber E. Wheeler

James B. Montgomery.

Charles J. Boyd

A. Allen Comstock ....
Thaddeus C. Sweet. . . .

Allen J. Bloomfield

Hamilton Fish* Jr

Nicholas Nehrbauer, Jr

Peter J. McGarry

William H.O'Hare....
George E. Polhemus. . .

John F. Shannon

Edwin S. Comstock . . .
Stephen D. Stephens . .
Frederick G. Grimme. .

Frank L. Seaker

Edward A. Everett

Gilbert T. Seelye

Walter S. McNab

Edward A. Dox

Henry S. Howard. . . . .

William J. Maier

Reuben B.Oldfield....
Richard M. Prangen. . .
DeWittC. Tahnage. . .

Henry A. Murphy

H. Blake Stratton

Willson S. Moore

John W. Preswick

Henry R. DeWitt

Abram P. Lefevre

Henry E. H. Brereton .

Charles O. Pratt

Riley A. Wilson

George Blakely

William S. Coffey

Walter W. Law, Jr

Fby D. Hopkms

John Knight

Edward C. GiUett



New York]
New York ( /o^^^x
New York n®"^^^)
New York J

Niagara

Niagara

Oneida

Oneida

Oneida

Onondaga

Onondaga

Onondaga

Ontario

Orange

Orange

Orleans

Oswego

Otsego

Putnam

Queens

Queens

Queens

Queens

Rensselaer

Rensselaer

Richmond

Rockland

St. Lawrence

St. Lawrence

Saratoga

Schenectady

Schoharie

Schuyler

Seneca

Steuben

Steuben

Suffolk

Suffolk

Sullivan

Tioga

Tompkins

Ulster

Ulster

Warren

Washington

Wayne

Westchester

Westchester

Westchester

Westchester

Wyoming

Yates



New York city.
New York city.
New York city.
New York city.
Lockport.
Niagara Falls.
Uiica.
Utica.
Marcy.
Syracuse.
Syracuse.
Syracuse.
Holcomb.
Newburgh.
Middletown.
Kent.
Phoenix.

Richfield Springs.
Garrison.
Long Island City.
Long Island City.
Glendale, L. I.
Jamaica.
Troy.
Nassau.
New Brighton.
Sparkill.
Gouvemeur.
Potsdam.
Burnt Hills.
Schenectady.
Richmondville.
Watkins.
Seneca Falls.
Bath.
Homell.
East Hampton.
Huntington.
Monticello.
Candor.
Ithaca.
Kingston.
New Paltz.
Diamond Point,
Lake George.
Cambridge.
Savannah.
Yonkers.
Mt. Vernon.
Briarcliff Manor.
White Plains.
Arcade.
Penn Yan.



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LAWS OF THE STATE OF NEW Y0R5>



PASSED AT THE 188TH REGULAR SESSION OF THE LEGISLATURE. BEGUN
JANUARY 6, 1016, AND ENDED APRIL 34, 191A. AT THE CITY OF ALBANY.



VOLUME IlL



C]:iap. 593.

AN ACT to amend the Greater New York charter, in relation to
authorizing the city of New York to acquire more land and
property than is needed for actual construction in laying out,
widening, extending or relocating parks, public places, high-,
ways or streets.

Became a law May 11, 1915, with the approval of the Governor. Passed,
three-fifths being present.

Accepted by the City.

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

Section 1. The Greater New York charter, re-enacted by chap- jj 970,
ter four hundred and sixty-six of the laws of nineteen hundred 15^^ ^^
and one, is hereby amended by adding two new sections to be in- \^ *JJJ; „
sorted in title four, chapter seventeen thereof after section nine iy"*£|*'\Si.
hundred and seventy, to be known as sections nine hundred and *^- *•••
seventy-a and nine hundred and seventy-b, to read as follows:

definitions; power to condemn excess lands.

§ 970-a. When used in this section or section nine hundred and
seventy-b of the Greater New York charter, unless otherwise ex-
pressly stated, or unless the context or subject-matter otherwise
requires, the word "improvement" shall be construed as synony-
mous with the phrase " laying out, widening, extending or relocat-
ing a park, public place, highway or street," or with the phrase
" acquisition of title to real property required for laying out,
widening, extending or relocating a park, public place, highway
or street." The term " excess lands," or the term " additional
58 i«2-



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1826 " ■ ' Laws of New York, 1915. [Chap.

lands," ' Qr the term " additional real property " shall each be
construed as synonymous with the phrase " real property in addi-
•• jipn-'(or additional) to the real property needed (or required) for
;*;/*-.feying out, widening, extending or relocating a park, public place,
\ '.. • highway or street." " The board " shall be construed as synony-
>. '. mous with the " board of estimate and apportionment." The city
of New York in acquiring real property for any improvement
may acquire more real property than is needed for the actual con-
struction of the improvement. The board of estimate and appor-
tionment may authorize the city of New York to acquire additional
real property in connection with any improvement, and direct that
the same be acquired with the real property to be acquired for
the improvenaent ; provided that such additional real property shall
be not more than sufficient to form suitable building sites abutting
on the improvement. The title which the city of New York shall
acquire to additional real property shall in every case be the fee
simple absolute. Additional real property shall be acquired by
the city in connection with a street improvement only when the
title acquired for the improvement shall be in fee. The acquisi-
tion of title to additional real property in connection with an im-
provement shall be authorized by the board in the same manner
and at the same time as the acquisition of title to the real property
required for the improvement is authorized. When the board shall
have authorized the acquisition of title to additional real property
in connection with an improvement, title to such additional real
property shall be acquired by the city in the manner and according
to the procedure (except in such respects as herein set forth) pro-
vided for the acquisition of title to the real property required for
the improvement and in the same proceeding in which title to the
real property required for the improvement shall be acquired.
When the board shall authorize the acquisition of additional real
property in connection with any improvement, it shall cause to
be prepared and shall adopt a map showing the real property to be
acquired for the improvement and such additional real property
in connection with the real property to be acquired for the im-
provement, and such map, when approved by the mayor, shall be
certified by the secretary of the board and filed, prior to the ap-
plication to condemn the same, as follows: One copy thereof in
the office in which conveyances of real property are required by
law to be recorded in each county in which the real property or
any part thereof shown on such map is situated ; one copy thereof
in the office of the corporation counsel; one copy thereof in the



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593.] Lawb of New Yobk, 1916. 1827

office of the president of each borough in which the real property
or any part thereof shown on such map is situated, and one copy
thereof in the office of the board. When the board shall have au-
thorized the acquisition of additional real property in connection
with any improvement, such additional real property shall be sepa-
rately described in the notice of application to condenm by the
supreme court without a jury or in the notice of application for
the appointment of commissioners of estimate, as the case may be,
and in the petition presented on any such application, and sepa-
rately shown on the rule map attached to the petition and on the
damage map in the proceeding, and said notice and petition shall
state what part of the real property to be condenmed is required
for the improvement, and what part thereof is to be acquired as
additional real property. The acquisition of such additional real
property, when authorized by the board, shall be deemed to be for
a public purpose. In a proceeding in which additional real prop-
erty shall be acquired, the board, by a three-fourths vote, may
direct that on the date of the entry of the order granting the ap-
plication to condemn by the supreme court without a jury, or on
the date of the filing of the oaths of the conmiissioners appointed
by the court, as the case may be, or on a date after either, speci-



Online LibraryNew York (State). LegislatureLaws of the State of New York passed at the sessions of the Legislature → online text (page 1 of 122)
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