of proceeds. tion by said county in denominations for such time and in such manner as they may determine, the interest thereof not to exceed five per Application centum per annum. The proceeds of the sale of such certificate or certificates shall be retained by the county treasurer and shall be by him paid out upon written requisition of the aforesaid commission, by which it shall be applied to the payment of the amount of the purchase price or cost of acquiring site, together with the Appropria- cost of the title thereto, and the grading, excavating, draining, county for paving of streets, flagging of sidewalks, and fencing of such lands. In case the board of supervisors of the county of Monroe shall deem it for the best interests of said county to pay the amount of the purchase price or cost of such property, together with the cost of acquiring the title thereto and the grading, excavating, draining, paving of streets, flagging of sidewalks and fencing of such lands, they are authorized to appropriate such sums of money as required for such purpose. purchase of property, etc. Appropriation of land belonging to county. § 7. The board of supervisors of Monroe county are hereby authorized and empowered to appropriate such plot or plots of land belonging to said county of Monroe or hereafter to be acquired by said county, as a site on which said armory and stable may be erected, as shall receive the approval of the armory commission. Said lands shall be conveyed by said board of supervisors to the state by a good and sufficient deed, the title of said property to be approved by the attorney-general. 8. This act shall take effect immediately. Stacks, etc., discharging smoke in certain Chap. 781. AN ACT to abate smoke nuisance in the city of Albany. Became a law May 31, 1913, 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. Any stack, chimney or furnace within the city of Albany, or within two miles of such city, not being used in a priquantities, vate dwelling, sending forth smoke in such quantity and of such density as to be capable of causing injury to the health of the residents of the city, or to public or private property therein, is declared to be a nuisance. But the discharge of such smoke from declared nuisances; exceptions. the stack, chimney or furnace of any stationary or movable structure while the fire-box is being cleaned or a new fire being built for a period not exceeding ten minutes in any one hour and one minute and thirty seconds at any other time, is not prohibited. And the discharge of such smoke from any locomotive in or about a roundhouse for forty minutes while the fire is being built, or rebuilt after cleaning, is not prohibited. smoke causing § 2. Smoke which is of greater density than is indicated by Density of number three upon the Ringleman smoke chart issued by the capable of United States Bureau of Mines shall be deemed without further injury. evidence to be of the density capable of causing injury to the health or property of residents of the city within the meaning of section one; but the fact that it was when discharged of such density as to be capable of causing such injury may be proved independently of such chart by any other competent evidence. causing § 3. Every person or corporation causing the nuisance declared Penalty for by section one, or permitting the same to be caused by any em- nuisance. ployee or servant, shall be guilty of a misdemeanor, and upon conviction shall pay a fine of fifty dollars for each offense, and after a conviction for one offense shall pay a fine of not less than one hundred dollars and not more than five hundred dollars upon each subsequent conviction. liability. § 4. Every person or corporation causing or permitting to be civil caused the nuisance defined by section one besides being punishable pursuant to section three shall be liable in the sum of fifty dollars for each offense in a civil action to be brought in the name of the city of Albany in the supreme court or the county court of the county of Albany; and the cause of action therefor shall belong to the city; but no such action shall be brought for an offense which has previously been punished pursuant to section three. It shall be the duty of the corporation counsel of the city to bring and prosecute such action. And in such an action an Injunction. order for a preliminary injunction and a judgment for a perpetual injunction may be granted enjoining the continuance of the nui sance. dies not The provisions of this section shall not preclude or abridge Other remethe remedy of any person or corporation to maintain an action abridged. against the offender to obtain relief or damages when such person or corporation has suffered injury to health or property in consequence of the nuisance. 5. This act shall take effect July first, nineteen hundred and In effect thirteen. July 1, 1913, L. 1909, ch. 39, § 6 amended. Chap. 782. AN ACT to amend the liquor tax law, in relation to special deputy commissioner in the county of Orange. Became a law May 31, 1913, 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 six of chapter thirty-nine of the laws of nineteen hundred and nine, entitled "An act in relation to the traffic in liquors and for the taxation and regulation of the same, and to provide for local option, constituting chapter thirty-four of the consolidated laws," is hereby amended to read as follows: § 6. Special deputy commissioners in certain localities; special agents to act in certain cases. The state commissioner of excise shall appoint special deputy commissioners of excise as follows: one for the boroughs of Manhattan and the Bronx; one for the borough of Brooklyn; one for the borough of Queens; one for the borough of Richmond; one for the county of Westchester; one for the county of Erie; one for the county of Monroe; one for the county of Albany; one for the county of Oneida; one for the county of Onondaga; one for the county of Rensselaer; one for the county of Schenectady; and one for the county of Niagara; and one for the county of Orange. Each of such special de, uty commissioners and their successors in office shall take and subscribe the constitutional oath of office, and execute and file in the office of the state comptroller a bond to the people of the state in such sum and with such sureties as shall be approved by the state commissioner. They shall perform such duties as may be required by the commission, or as may be provided by law. The state commissioner may remove any special deputy commissioner of excise, and shall in like manner appoint his successor, and may appoint in the offices of each of such deputies and their successors such clerical force as he may deem necessary or as may be provided for by law. The special deputy commissioners shall each receive an annual salary, payable in equal monthly instalments, as follows: For the boroughs of Manhattan and the Bronx, five thousand dollars; for the borough of Brooklyn, three thousand seven hundred 1 Words" and one for the county of Orange," new. and fifty dollars; for the borough of Queens, two thousand five hundred dollars; for the borough of Richmond, two thousand dollars; for the county of Westchester, two thousand five hundred dollars; for the county of Erie, three thousand dollars; for the county of Monroe, two thousand five hundred dollars; for the county of Albany, two thousand dollars; for the county of Oneida, one thousand five hundred dollars; for the county of Onondaga, two thousand dollars; for the county of Rensselaer, one thousand five hundred dollars; for the county of Schenectady, one thousand five hundred dollars; for the county of Niagara, one thousand five hundred dollars; and for the county of Orange, two thousand dollars. Upon each of such special deputy commissioners, and upon any special agent designated by the state commissioner of excise to perform the duties of a special deputy commissioner or a county treasurer, as is hereinafter provided, are devolved all the powers, duties and obligations in the respective county or borough for which he shall be appointed as are possessed by and vested in county treasurers of other counties of this state under and by virtue of the provisions of this chapter. The salaries and expenses of each of such special deputy commissioners of excise, and such office rent and clerical help, office furniture, fixtures and equipment as are authorized and audited by the state commissioner of excise and for which appropriations are made, shall be paid as follows: one-half thereof by the treasurer of the state of New York, upon the warrant of the comptroller; and onehalf thereof by the treasurer of the county or the fiscal officer of the city in which such borough is included, upon the certificate of the state commissioner of excise. In case the office of any special deputy commissioner of excise or county treasurer shall become vacant, or if any special deputy commissioner or county treasurer shall become incapacitated or unable to perform his duties under this chapter, or shall neglect or refuse to perform any duty devolving on him thereunder, the state commissioner shall designate a special agent to act in the place and stead of such special deputy commissioner or county treasurer during such vacancy, disability or neglect, provided that such designation shall not be made where the power to appoint a deputy county treasurer exists, and where the county treasurer does not fail or neglect to appoint such deputy. The appointment of the spe 3 Words" and for the county of Orange, two thousand dollars," new. In effect Jan. 1, 1914. cial deputy commissioners herein before provided for the counties of Westchester, Albany, Rensselaer, Schenectady, Oneida and Onondaga, shall not take effect until the expiration of the term of the county treasurer in office in each of said counties on the thirteenth day of May, nineteen hundred and seven. § 2. This act shall take effect January first, nineteen hundred and fourteen. Chap. 783. AN ACT to amend the election law, in relation to the display of the American flag in each polling place. Became a law May 31, 1913, 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 twenty-two of the laws of nineteen hundred and nine, entitled "An act in relation to the elections, constituting chapter seventeen of the consolidated laws," is hereby amended by adding thereto, after section three hundred, a new section to be section three hundred-a, to read as follows: § 300-a. Display of American flag. The American flag shall be displayed in each polling place in this state by the board of inspectors during the hours when such boards are in session. The board, body or officer now charged with the duty of defraying the expenses of conducting primaries and elections shall furnish said flag, which shall be approximately three feet by five feet in size. § 2. This act shall take effect immediately. |