Clarence Frank Birdseye New York (State).

Annotated consolidated laws of the State of New York as amended to January 1 ... online

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voted, which engine and apparatus for the extinguishment of fires, and
buildings and grounds, shall be the property of said water district, high-
way district or water supply district, but may be used and cared for by
such fire company or companies under the direction and control of the
water commissioners in water districts and the town board in highway
and water supply districts. (Amended by L. 1910, ch, 408 and L, 1912, ch,
238, in effect Apr. 9, 1912.)

§ 314. Assessments for expense of maintaining fire company. — The pur-
chase price of said fire engine and apparatus or other apparatus for the
extinguishment of fires, and buildings and grounds, and the expense of
maintaining said fire engine and apparatus for the extinguishment of fires
and other property and apparatus and of maintaining said fire company
or companies shall be assessed and levied upon the property of said dis-
trict and collected in the same manner as other town charges are assessed,
levied and collected, except that the amount thereof shall be put in a
separate coliunn upon the tax-roll, and the board of supervisors of the
county shall cause the sum as certified by the town board, to be levied
upon the taxable property of such water district, highway district or water
supply district. (Amended by L, 1910, ch, 408 and L, 1912, ch, 238, in ef-
fect Apr, 9, 1912.) ,

§ 314-a. Town fire companies in incorporated cities and villages. — ^No
such fire company, as herein provided, shall be formed in any incorpo-
rated city or village unless such incorporated city or village pays a highway
tax in or to such hi^way district, in which case such fire company or com-
panies may be formed to include the whole or any part of such incorporated
city or village, with the consent of tlie board of trustees or other body
performing like duties of such city or village. (Added by L, 1912, ch.
238, in effect Apr, 9, 1912.)

§ 316. Ordinanoes. — The board of water commissioners in any water dis-
trict, established pursuant to this chapter, and the town board in any high-
way district or water supply district may adopt ordinances, not incon-
sistent with law, relating to fire protection, the prevention and extinguish-
ment of fires and conduct thereat within said district, and to regulate or
prevent the discharge of fireworks and firearms and to regulate the use
of inflammable materials and the storing, sale and transportation of gun-
powder and other explosives within said district, and may enforce the ob-
servance thereof by the imposition of penalties. (Added by L. 1910, ch,
408 and amended by L, 1912, ch. 238, in effect Apr. 9, 1912.)

Digitized by



Oas, electric light and telephone cos. f f 62, 102.


(L. 1909, ch. 219.)

§ 6S. Oai and deotrio light mnst be supplied on application.

The penalty imposed by this section upon a gas company which refuses to
supply gas to a customer may be recovered by one whose existing supply has
been unlawfully cut oft. Levine y. Brooklyn Union Gas Co. (1911)» 146 App.
Div. 464, 188 N. Y. Supp. 265.

Action to recover penalty; burden of proof. — Where in an action to recover of
a gas company the penalty for cutting off an existing supply against the wish
of the custCMner, plaintiff proves the discontinuance of the service, the burden is
on the company to Justify its conduct Where a lighting company cuts of( a
gas supply on the claim that its customer has refused to pay an indebtedness for
gas consumed, it is incumbent upon it to show the existence of the indebtedness
and a refusal to pay in order to justify its act Where it is conceded that the
customer tendered a two-dollar bill in payment of the current gas account of
one dollar and sixty cents, and that the defendant refused to accept the same
unless certain alleged arrears, which had in fact been paid some time before, were
also discharged, and, upon plaintiffs refusal to do so, turned off the gas, it is
not necessary for the consumer to keep her tender goods or to pay her money into
court in order to hold the company for the statutory penalty. Levine v. Brook-
lyn Union Qas Co. (1911), 146 App. Div. 464, 133 N. Y. Supp. 266.

§ 102. Conitruction of lines.

Appropriation of telephone lines by state. — Where a public highway upon which
the poles and wires of a telephone company are lawfully located is appropriated,
pursuant to the provisions of section 4 of the Barge Canal Law, for the purpose
of the construction of a reservoir, thereby necessitating the removal of such poles
and wires, the telephone company is entitled to compensation. The Canal Board
may lawfully adjust such claim by providing the telephone company with a right-
of-way over other portions of the appropriated parcel and reimbursing it for the
necessary expenses incident to such removal. Rept of Atty. Qenl., Feb. 6, 1912.

Breotion of poles on public highways; negligence of company; negligence of
commissioner of highways. — Where a telephone c<Mnpany erects poles on a public
highway under the authority of this section it must place them so that they will
not interfere with, or make dangerous, the use of the highway by the public. But
where a highway in a rural oonmiunity is twenty-four feet wide a telephone com-
pany is not negligent in placing its poles two and a half feet outside the traveled
roadway, and hence is not liable for injuries received by a person who was thrown
against such pole when the horse which she was driving ran away. The telephone
company is not liable by reason of the fact that, although directed by the com-
missioner of highways to place the poles further from the roadway, it did not do
so because it was impossible without destroying shade trees to which the owners
objected, where the commissioner knowing the location of the poles did not object
or ask that they be moved. The commissioner of highways was not negligent so
as to charge the town by allowing the telegraph poles to remain two and one-half
feet outside the traveled highway. Bailey v. Bell Telephone Co. (1911), 147 App.
Div. 224, 181 N. Y. Supp. 1000.

Digitized by



Si 51-a, etc. Street improTements. L. 1912, ch. 224.


(L. 1909, ch. 64.)

§ 61-a. Segiitration of yotert.

Women otherwise entitled to vote on propositions at special Tillage elections are
not required to register. Rept of Atty. Qenl., Mch. 8, 1912.

§ 82. Clerk.

A Tillage olerk is not required to act at registrar of Tital statistics, without ap-
pointment or designation by the Tillage board of health. Rept. of Atty. Qenl.
(1911), Vol. 2, p. 622.

§ 89. General powers of board of trustees.

Right to Insure employees. — A Tillage has no legal right to insure its employees
against accident or to insure itself against liability for accidents arising from
slippery or defectlTe sidewalks and pay the premium out of the funds of the Tillage.
Rept. of Atty. Qenl., Feb. 21, 1912.

Trustees of a Tillage haTe no right to enter into contracts with each other at the
expense of those for whom they are acting and whose interests they are bound
to protect The illegality of such contracts does not depend upon statutory enact-
ments, but is a principle of the common law. Matter of Moran (1911), 146 App.
DiT. 642, 131 N. Y. Supp. 438.

§ 91. licensmg occupations.

Express companies subject to Tillage ordinance. — An express company using
Tehicles in carrying on its business in a Tillage is subject to an ordinance pro-
hibiting such occupation without a license therefor under this section. Rept. of
Atty. (Jenl. (1911), Vol. 2, p. 670.

§ 104. Annual assessment roll.

Preparation of assessment rolls. — While the proTisions of this section require
assessors to prepare Tillage assessment rolls in substantially the same form as
that proTided for by section 21 of the Tax Law those columns which are manifestly
inapplicable to Tillages may be omitted. Rept of Atty. Qenl, (1911), Vol 2,
p. 639.

§ 121. Certificate of sale.

See Hieinbothem t. Village of North Pelham (1911), 144 App. DIt. 698, 129 N. Y.
Supp. 716.

§ 146. Hotioe of meeting of board to consider petition for improvement.
— Subdivision 5, added by L, 1912, ch, 224, in effect Apr, 8, 1912, as follows:

5. If the street petitioned to be laid out, altered, wid^ied, narrowed
or discontinued shall cross a railroad such notice shall be served upon the
railroad company as required by section ninety of the railroad law.

§ 169. Changing grade of street or bridge.

Costs aUowed to a landowner pursuant to this section are within the discretion
of the court under section 3240 of the Code of CItII Procedure. A landowner who
has been awarded damages on account of a change in the grade of a street is entitled
by Tirtue of section 3372 of the Code of CItII Procedure to recoTer costs of the

Digitized by



L.. 1912, chs. 125, 364. Sprinkling streets; lighting system. H 166, 186, 244.

proceeding subsequent to the appointment of the commissioners at the same rate
as is allowed to the defendant, when he Is the prevailing party In an action, in the
Supreme Court. Matter of Bradley (1911), 145 App. Div. 49, 129 N. Y. Supp. 450.

§ 166. Sprmkling streets. — The board of trustees may cause the streets
of the village or any part thereof to be sprinkled with water, oil or other
dust-laying substance wholly at the expense of the village or may assess
the expense thereof, in whole or in part, upon the owners or occupants
of the adjoining land, and in villages, except in Franklin county, having
a suflScient water supply, it shall be the duty of the board of trustees, upon
the petition signed by a majority of the taxpayers of any street or streets,
to cause such street or streets to be sprinkled with water, oil or other dust-
laying substance and assess the expense thereof in whole or in part as
aforesaid. (Amended by L, 1912, ch. 125, in effect Apr. 4, 1912.)

§ 186. Civil jurisdiotioiL of police justice.

The Jurisdiotion of a vUlage poUoe justioe In civil cases is concurrent with the
Justices of the peace within the limits of the vlUage. Rept of Atty. Genl., Feb.
21, 1912.

The amendment of 1911, providing that a police Justice in a village shall have
the same Jurisdiction as a Justice of the peace of a town in civil actions, does not
broaden the powers of a police Justice to include the solemnization of marriages.
Rept of Atty. Genl., Jan. 19, 1912.

§ 244. Supervision and extension of system. — ^The lighting system ac-
quired or established under this article shall be under the control and
supervision of the board of light oonunissioners. The board shall keep
it in repair and may, from time to time, if it has suflScient funds, extend
such system, if the expense thereof in any year will not exceed one thou-
sand dollars. If the estimated exx>ense will exceed one thousand dollars,
such extension can only be made when authorized by a proposition adopted
at an election, in which event, it shall be so made. Such system may be
so extended outside the village in, upon and along the highways within
a town in which the village is wholly or partly situated, provided, how-
ever, that if at the time of such extension there shall be a private electric
light corporation operating within such village or within the territory into
which such system shall be extended, such extension shall not be made
without the permission and approval of the proper public service commis-
sion. If such system shall be so extended outside of a village into or
through a town or a lighting district thereof, the board of light commis-
sioners of the village may contract with the town board of such town for
lighting the streets, highways, public grounds and public buildings of such
town or lighting district, in pursuance of the provisions of article twelve
of the town law, which shall be applicable to such contract and to
the levying of a tax for the pajonent of the amounts which shall be pay-
able thereunder to the treasurer of the village. Wherever such system shall
be so extended outside a village, occupants of premises adjacent to such
extended system outside the village shall be entitled to be supplied with

Digitized by



fif 276, 332, 348<«, 869. Sewer STStem; boundaries. L. 1912, chs. 122, 124.

light therefrom under the same conditions and at the same rates as oc-
cupants of premises in the village. {Amended by L. 1912, ch. 364, in
effect Apr, 15, 1912.)

§ 276. Contracts with other mnnioipalitiei, sewer distriotif et cetera. —
The board of sewer commissioners may contract for the connection of the
sewers thereof with the sewers of another village, or of a town, or city,
or of a sewer district established under the provisions of article eleven
of the town law or of chapter three hundred and forty-eight of the laws
of nineteen hundred and one and the laws supplementary thereto or
amendatory thereof; or jointly with such other village or a town or city
or sewer district established as aforesaid, may construct, maintain, operate
or use sewers, outlets or disposal works; or may contract with any such
other village, or a town, or city, or sewer district established as aforesaid
for the right to construct and maintain through any such other village,
town or city, or sewer district established as aforesaid, an outlet sewer,
including the right to acquire real property for such sewer outlet, which
thereupon may be acquired either at private sale or by condemnation as
authorized by this act. But no such contract shall be made unless a prop-
osition therefor be adopted, stating the maximum expense. (Amended by
L. 1909, ch. 212 aiid L. 1912, ch. 122, in effect Apr, 4, 1912.)

§ 332. Officer not to be interested in contracts.

Applioatlon. — ^The proYlsions of this section are not applicable to the street super-
intendent of the village of Saratoga Springs, as to whom a difFerent restriction
contained in the law creating the office is applicable. Morrissey v. Sewer, Water
and Street Commission (1911), 73 Misc. 432, 138 N. T. Snpp. 866.

§ 348-a. Extension of boundaries by the annexation of territory belonging
to the village. — If a village be the owner of uninhabited territory adjoining
the village such territory may be annexed to the village if a majority of
the members of the town board of the town in which such village is situ-
ated residing outside of the village consent thereto. Sudi consent shall
be acknowledged in the same manner as a deed to be recorded, and shall be
filed in the office of the village clerk. Upon the filing of such consent the
board of trustees of such village may adopt a resolution annexing such
territory without the presentation of a petition and without the adoption
of a proposition at a village election as provided by the last preceding sec-
tion. Such annexation shall take effect at the same time and subject to the
same conditions as if the adoption of such proposition by the board of
trustees were the adoption at a special election of a proposition for an-
nexation as provided in the last preceding section. {Added by L, 1912, ch.
124, in effect Apr, 4, 1912.)

§ 359. Establishment of disputed, unknown or uncertain boundaries. —

If the boundary lines, or any of the boundary lines, of any incorporated
village organized or existing pursuant to general or special act, or whose

Digitized by



L. 1912, ch. 123. EBtablishment of boundaries. f 869.

incorporation is lawfully established, are uncertain or there is a reasonable
doubt as to their exact location, for any reason, or if, in the statute or
records by which the village was incorporated a boundary line or lines was
not completed, leaving a hiatus therein, or if the records and papers show-
ing the boundaries of a village incorporated under a general act are lost
or cannot be identified, such boundary line or lines may be settled and es-
tablished in the following manner: An application in writing, subscribed
by the president of the village, requesting the establishment of such bound-
aries, may be presented to the board of supervisors of the county in which
the village is located. It shall then be the duty of such board of supervisors
to take action upon the application by resolution, at such time, within
sixty days thereafter, as it may determine; but the board shall not adopt
any resolution determining or defining such boundary line or lines until
after a public hearing is had thereon, before the board, upon a notice
to be published for three consecutive weeks next preceding the meeting
of the board at which the matter is to be heard, in a newspaper published
in . the village, and if there be a newspaper published in the town outside
of the village, in one such newspaper also. A copy of the notice shall also
be served personally, at least fifteen days before the meeting of such board,
on the supervisor and town clerk of the town or each of the towns in
which the village is located. The board shall give a hearing to all persons
appearing in support of or in opposition to the adoption of such resolution
or presenting statutes, records, documents or other facts affecting the
boundaries of such village. The board may take proof and testimony re-
lating to the subject-matter of such investigation. The board may adopt
a resolution determining and defining the boundary lines of the village,
to include both the known and undisputed lines as well as those which
are uncertain or unknown as aforesaid. A copy of the resolution, as
adopted by the board, shall contain the courses, distances and fixed monu-
ments necessary for an accurate description thereof, and a copy of such
resolution duly certified by the derk of the board, together with a map
or survey of such boundaries as fixed by the board, shall be filed in the
office of the secretary of state within thirty dajrs after the adoption of the
resolution. The filing of such map shall be equivalent to a compliance with
the provisions of section eighty of this chapter ; but where a map shall not
have been filed pursuant to the requirements of such section on account
of the boundary lines of a village being uncertain or unknown, as pro-
vided in this section, proceedings for the establishment and settlement
thereof shall be begun by the president of the village under the provisions
of this section within three months after this section takes effect. The
boundary lines shall be those fixed by the resolution, but this section shall
not be deemed to authorize the inclusion within a village of any substantial
area of territory which has not been either (1) commonly recognized as a
part of the village or (2) treated and claimed by the village authorities,
at some time previously, as a part of the village or, (3) the subject of a

Digitized by



i 859. B0tabll8hment of boundaries. L. 1912, ch. 123.

reasonable dispute, on a question of law or faet, as to its location within
or without the village. The expense of making any map or survey ac-
companying the filing of such resolution, by whomsoever incurred, or in the
production of papers, documents or statutes at the hearing relating to such
boundary lines, shall be borne by the village and the payment thereof pro-
vided for by taxation in the village as other village expenses. {Added by
L, 1912, ch, 123, in effect Apr. 4, 1912.)


Definition of cidar vinegar; Agrioultnral L., § 70.

Digitized by



SXJF. m— 85

Digitized by


Digitized by





Hote. — It should be noted that this table gives the amendments and repeals of the
Consolidated Laws effected In 1909, 1910 and 1911, as well as In 1912. The figures
In parentheses In the last column Indicate the volume of the Consolidated Laws
where the section amended or repealed will be found.

Changes en the Consolidated Laws, 1909-1912.*

(Sections, etc., are amended unless it is otherwise indicated.)


12, added

13, added

30, subd. 2

64a, added


(L. 1909, ch. 9, constituting cons, laws,

ch. 1.)

Salary of commissioner 1909

Expert butter and cheese makers 1910

Examination of food for state Institutions. . 1910
Decisions of department to be furnished to
corporations, etc., dealing In products reg-
ulated 1911

Adulterated cream 1909

Butter and cheese defined 1911

Adulterated milk defined 1911

Adulterated milk defined 1910

Care of cows and produce therefrom 1910

Inspection of milk 1911

Regulations as to condensed milk 1911

Oleaginous substances 1909

Coloring matter, etc 1909

Unclean receptacles for milk; milk gather-
ing stations; licenses 1911

Receptacles for milk; milk can Inspectors. . 1911

Branding or labeling cheese 1910

Tuberculous animals 1909

Vinegar 1909

Vinegar 1912

Vinegar 1909

Vinegar 1911

Vinegar 1909

Penalties for violation of art. 4 1910

Diseases of domestic animals 1909

Diseases of domestic animals 1909

Quarantines 1909

Quarantined farms 1909

Detention and destruction of animals 1909

Destruction of diseased animals 1909

Regulations 1909

Penalty for violation of quarantine 1910

Expense of enforcing regulations 1911

Penalties 1909


580 (1) 207
112 (7) 15
434 (7) 15

313 (8) 7

186 (1) 213

59 (8) 8

608 (8)

341 (7) 16

216 (7) 16

608 (8)

608 (8) 11

357 (1) 225

357 (1) 226



608 (8) 11

608 (8) 14

207 (7) 17

588 (1) 235

210 (1) 237

26 (9) 10

210 (1) 239

228 (8) 15

210 (1) 239

156 (7) 17

240 (1) 240

312 (1) 240

313 (1) 241
315 (1) 241

315 (1) 242

316 (1) 243
352 (1) 244
437 (7) 18
255 (8) 15
352 (1) 246

Digitized by








104, repealed

106, repealed















268, repealed

291, 298






Art 16 (§§840,
841) renum-
bered art 16
(§§ 860, 861)

Art 16 (§§840,
341), added



6a, added




27, mibd. 8

27, 8ubd. 8

27, eubd. 4


27, Bubd. 8


88a, 88b, added







AG&IClTLTintAL LAW— (OofUinned).

Appraisal of condemned animals 1909

Appraisal of condemned animals 1910

Post-mortem examination of animals 1909

Compensation for animals destroyed 1909

Federal regulations, diseases of animals... 1909

Rights of federal inspectors 1909

Veal 1910

Commercial feeding stuffs 1909

Conmiercial feeding stufb 1910

Commercial feeding stufb 1912

Statements on package 1909

Statements on package 1911

Statements filed with conmiissioner 1909

Statements to be filed 1911

License fee 1909

Adulterated meal 1909

Conmiercial fertilisers 1910

Turpentine; linseed or flaxseed oil 1911

Turpentine; linseed or flaxseed oil 1911

Sale of apples, pears and peaches 1911

Barrels; apples, pears and quinces 1912

State fair conunisslon 1910

Plant diseases; insect pests 1909

Plant diseases; insect pests 1911

Infected nursery stock 1909

Infected nursery stock 1911

Apportionment of moneys for promotion of
agriculture 1912

Laws repealed; when to take effect 1912

Inspection and sale of seeds 1912


(L. 1909, ch. 10, constituting cons. laws,
ch. 2.)

Sayings and loan associations 1910

Sayings and loan associations 1910

Retirement of employees in banking depart-
ment 1912

Powers of superintendent of banks 1912

Sayings and loan associatione 1910

Delinquent corporations and indiyidual

bankers 1910

Reports of sayings and loan associations. . . 1910

Reports to superintendent of banks 1911

Loans upon real estate.... 1909

Sayings and loan associations 1910

Purchase of eyidences of debt by officers,

etc 1909

Loans to officers, etc., of money corporation 1911

Sayings and loan associations 1910

Loans by banking corporations 1909

Foreign banking corporations 1911

Sayings and loan associations 1910

Meetings of directors or trustees 1911

Security by depositaries of court funds. . . . 1911

Gtoneral powers of banks 1912

Deposit of bank resenres 1909

Lawful money reserve; certiflcates of de-
posit 1910

814 (1) 246

670 (7) 19

314 (1) 247

314 (1) 247

282 (1) 248

Online LibraryClarence Frank Birdseye New York (State)Annotated consolidated laws of the State of New York as amended to January 1 ... → online text (page 69 of 81)