these changes, the plan and the maps therewith must be approved by the Board of Estimate and Apportionment.

If within twelve months the Rapid Transit Commission shall be unable to agree with the railroad company on a plan, it shall condemn all rights and privileges of the company to operate on those tracks at grade, and have them removed; an appli cation for the appointment of commissioners being served on an official of the railroad, accompanied by a petition from the board setting forth generally the cause of action. Commissioners appointed by a special term of the Supreme Court are to hear testimony, making a report giving the values of the franchises sought to be condemned, and of the property and appurtenances, and fixing the compensation to the railway. The rights of the railroad company are to terminate after the Supreme Court has made a final order confirming the commissioners' report and setting & date not more than one year thereafter for the termination of the railroad's rights. Chapter 657 declares that in any action against a railroad corporation, foreign or domestic, or a receiver thereof, for personal injury or death resulting from personal injury to any person while in the employ of the railroad or receiver, Injuries to arising from negligence of such corporation or receiver or any employes, Railroad every employe or his lawyer shall have the same rights and remedies Employes. for an injury or death from act or omission as now are allowed by law. In addition, superintendents or those in control of other employes, or who have as part of their duty "physical control or direction of the movement of a signal, switch, ecomotive engine, car, train or telegraph office," are "vice principals of the corporation, not fellow servants of the injured or dead employe. If any employe shall be injured or die because of any defect in the condition of works, machinery, tools, or car or train owned or operated by the corporation, when the defect could have been discovered by reasonable care, the company is deemed to have had knowledge of the defect before the injury, and this in the courts shall be prima facie evidence of negligence.

Chapter 506 fixes eight hours as a legal day's work, save for those engaged in farm and domestic service, unless otherwise provided by law. Overwork at increased compensation is allowed, except on work by or for the state or a municipal Eight corporation or by contractors or subcontractors therewith. The legal day's. Hour Law. wages for labor on all public works or material to be used thereon shall be the wages prevailing for that class of work in that section. Each contract let by the state or a municipal corporation shall provide that no workman employed thereon shall be required to do more than the legal day's work in any calendar day, save in great emergencies; and a stipulation that he shall receive the prevailing rate of wages. Such contract shall be void if these provisions are violated, and no money may be paid on it.

This

Chapter 639 authorizes the Mayor of New York City to appoint a commission of five persons, three of whom shall be sanitary engineers of recognized standing. to consider means for protecting New York Bay from poilution. New York Bay They may appoint a president and secretary from themselves, and Pollution. hire engineers, chemists, bacteriologists, inspectors, draughtsmen and clerks, and incur what other expenses may be necessary. commission shall make investigation into the present and probable future sanitary condition of the waters of New York Bay and other waters adjacent to New York City, investigate the most effective means of purifying these waters, with particular attention as to whether a general policy of sewage disposal is advisable, with the method of collecting and disposing of the sewage; the establishment of a sewerage district, its scope and the best system of administrative control-by the action of existing departments, the establishment of separate districts and permanent commissions in each state, or by one interstate metropolitan sewerage district with a commission established by agreement between the two states; to co-operate with any authorized body from New Jersey.

The commission shall submit to the Mayor before February 1, 1909, a full report, with recommendations. It shall terminate on May 1, 1909, turning over all maps, documents and data to the Board of Estimate. No salaries shall be paid to the Commissioners, but a per diem compensation to be fixed by the Mayor and expenses actually incurred. For this money the Controller is authorized to issue corporate stock up to $15,000.

Chapter 314 allows the Board of Estimate and Apportionment of New York City to adopt, modify or reject the whole or any part of the report or reports of the Board of Water Supply, or cause new information to be obtained Water Supply and presented to it, until a satisfactory plan or plans covering the Legislation. entire work shall be adopted by the Board of Estimate, after public hearings thereon. A certified copy of the map finally adopted must be filed in the office of the County Clerk or Register of each county in which any of the land affected is situated. No reservoir shall be constructed in the drainage area of the Esopus Creek save the Ashokan reservoir, the flow line of which shall not exceed elevation 600 feet coast and geodetic survey datum.

In taking possession of all parcels of real estate designated in the map, the city of New York shall pay to the owners a sum equal to one-half the assessed valuation as it appears on the 1905 rolls of the town in which it is situated. Thereafter it may take the parcels and use them in connection with the water supply, save that no buildings or improvement may be removed or disturbed within one year unless opportunity is given to the owner of examining the property with the commission and such witnesses as he may desire. Commissioners of ap

praisal shall prepare a report setting forth, with maps annexed, the parcels of real estate taken or affected and the sums agreed on as compensation, with a statement of the owners or persons entitled thereto or with an interest therein. Where loss direct or consequential has resulted to a duly corporated steam railroad, the Board of Estimate is empowered to agree with it on compensation. If no agreement is reached, the commissioners of appraisal are to decide on the claim,

Within three calendar months after the confirmation of the report of the commissioners of appraisal, the city shall pay to the owners and bodies politic or corporate the sums reported in their favor, with interest thereon from the filing of the oath and certified copies thereof required previous to the taking of the land, deducting therefrom the amounts previously paid on account. Contracts for labor shall be executed in triplicate, after a majority of the Board of Water Supply has certified in writing that they will best secure the efficient performance of the work, and no contract shall take effect until the contractor shall give a bond of $5,000 that the municipality shall suffer no loss because of paupers or indigent employes brought in.

The city must build such highways and bridges as are required by the construction of the reservoir, and furnish proper police protection to the localities where work is being done, furnishing the special policemen with certificates of appointment and badges of authority. They shall especially prevent depredations by persons employed on the works, and shall arrest and bring before magistrates any such deemed to have been guilty of offences punishable by death, imprisonment or fines. Any expense incurred in any criminal action, or the suppression of riots among the workers incurred by towns or counties shall be a claim against New York. The city may not enter on lands not taken under this law to preserve watercourses from pollution, unless it makes just compensation to the owners. Any municipal corporation or other civil division of the state within the watersheds of Esopus Creek, Rondout Creek or the Catskill Creek, to build a pipe line at its own expense from the reservoir built by New York under this law, taking water therefrom in amount proportionate as its population to New York's at a rate of payment to be agreed on by the board of water supply and the municipal authorities, or fixed by the State Water Supply Commission. If any water is taken from Esopus Creek, Vew York shall build at its own expense a new sewer system for Kingston to discharge into the Hudson, instead of Esopus Creek. New York must purchase all necessary rights of way, and be responsible for all damages.

The owner of any real estate rot taken under the provisions of this chapter, or of any business established June 1, 1905, in Ulster, Albany or Greene counties, directly or indirectly decreased in value because of the water supply plans, shall be entitled to damages, by agreement with the board of water supply if possible, if not, by appraisal, and "the commissioners shall not be limited in the reception of evidence to the rules regulating the proof of direct damages.' A person employed in a manufacturing establishment, or an established business in those counties which is injured or destroyed, who has been so employed for six months before January 1, 1906, and continues in that employment to the time of injury or destruction, shall have a claim for damages against the city equal to his salary for the six months immediately preceding January 1, 1906, to be determined on by agreement with the board of water supply, or if not, by suit in the Supreme Court.

Chapter 337 directs every trust company having its principal place of business in a city of over 800,000 population to keep at all times a reserve of at least 15 per cent of its aggregate deposits, of which one-third must be Trust Company cash, one-third may be bonds of the United States, the state or Reserves. any first or second class city, and the rest money on deposit subject to call in any bank or trust company in this state having a capital of at least $200,000 and a surplus of $300,000. Every trust company in the state outside cities of over 800,000 must keep a reserve of 10 per cent of its aggregate deposits, divided into three classes in proportions as specified in the foregoing. The superintendent of banks shall notify any trust company whose money reserve falls below the required amount, and if it fails to make good the amount within thirty days, it may be deemed insolvent. This cash reserve shall be created as follows: Two-fifths on the passage of this act, one-fifth on July 1, 1906; one-fifth on October 1, 1906, and one-fifth on January 1, 1907.

Chapter 693 increases the number of Supreme Court Justices in the 1st Judicial District eight, in the 2d District seven and in the 9th three, to be elected in November, 198. Chapter 694 Increases the number in the 5th District New Judges and one; Chapter 695 the number in the 8th District two. Judicial Districts.

Chapter 294 divides the 2d Judicial District into two judicial districts, to constitute the 2d Judicial Department. The new 2d Judicial District is to consist of Richmond, Kings, Queens, Nassau and Suffolk Counties, and the 9th to consist of Westchester, Putnam, Dutchess, Orange and Rockland Counties. The justices now living in the new 2d District are to be considered justices in that district, and those living in the 9th to serve in that district.

Chapter 532 imposes a tax of 50 cents for each $100 or major part thereof of principal debt or obligation which is or under any contingency may be secured by mortgage of real property in this state, recorded on or after July Mortgage Taxes. 1, 1906. The tax shall be paid to the recording officer of the county in which the real estate is situated on the recording of each mortgage. He shall indorse on each mortgage the receipt for the tax, and no mortgage may be recorded, or be released, discharged of record or received in evidence on which the tax has not been paid. No judgment or final order in any fore

closure proceeding may be made if the tax shall not have been paid. Mortgages made by corporations in trust to secure payment of bonds or other obligations issued or to be issued, if the total amount of indebtedness which under any contingency may accrue has not been advanced, or become secured thereby before the mortgage is recorded, shall be taxed on that part of the principal indebtedness already advanced, and entry to that effect made on the mortgage.

The tax on such other parts of the principal indebtedness as shall accrue or be advanced shall be paid when such sums are advanced or paid, and the payment thereof entered on the mortgage. If a mortgage secured by property in this and another state is filed, a statement verified by the mortgagor, in duplicate, stating the value of the property in the state and that without shall be presented with the mortgage. One statement shall be filed with the recording officer, the other transmitted to the State Controller. Before the determination of the State Tax Commissioners, the tax payable on this mortgage shall be computed on such proportion of the principal debt as the value of the mortgaged property in the state shall bear to the total value of the mortgaged property.

The Controller shall present the statement of the property values to the State Tax Commissioners, who, after due notice to the mortgag and the Controller, decide what proportion of the principal indebtedness shall be used as measure of taxation. They may also, at this time, decide what proportion of the tax shall be paid by the recording officer to the county treasurers of the respective counties, if this property happens to be in several counties. If the amount assessed shall be more than the amount paid on recording the mortgage, it must be paid within ten days.

These

The State Tax Commissioners must apportion the tax on a mortgage secured by property in several counties among those counties. On the first of each month the recording officer of each county shall pay to the county treasurer all money received for such taxes, less his expenses. In New York, Kings, Queens and Richmond Counties the money shall be paid to the Chamberlain of New York City. officials quarterly shall transmit, after deducting expenses, half the net amount to the State Treasurer. In New York the remainder is to be paid into the general fund of the city; in the other counties to be held subject to the orders of the board of supervisors. Before December 1 in each year the county clerk shall prepare a list of all mortgages taxed, with the town, city or village in which each is taxed, and shall furnish copies to the supervisors and the county treasurer. The supervisors shall determine from the value of mortgaged property the amount of tax to be credited to each city, town or village.

are

Recording officers and county treasurers and the City Chamberlain of New York entitled to receive all necessary expenses, including printing and clerk hire, first to be approved by the State Tax Commissioners, and the State Commissioners shall have full supervisory power over all recording officers. A tax of 50 cents on each $100 is imposed on each mortgage of real property recorded prior to July 1, 1906, when any part of the principal indebtedness secured by the mortgage is advanced after July 1. The tax shall be paid whenever the part of the principal indebtedness is advanced. All taxes which became due on or before June 30, 1906, by Chapter 729 of the Laws of 1905, or are to become due on July 30, 1906, or any other taxes imposed by that act on any mortgage recorded prior to July 1, 1906, are imposed and shall become due and payable with the same force as if this chapter had not been enacted.

Chapter 346 authorizes the Governor to appoint five civilians, the president of the Senate to appoint five Senators and the Speaker of the Assembly to appoint five Tax Revision Commission.

Assemblymen, to form a commission to inquire into the workings of the taxation laws, for state and local purposes, and the expediency of revising and amending them to establish a more equal and just system of revenue raising. The commission shall report to the next legislature before January 15, 1907, the result of the investigation and the bills to carry out their recommendations. They shall have all power to subpoena witensses and examine them, and to compel the production of books and papers.

Chapter 183 directs that before liquor tax certificates for hotels shall be issued in cities and incorporated villages there shall be filed in the office of the deputy excise commissioner or county treasurer issuing such certificate a Sworn Liquor Law statement that such hotel_complies with the requirements of the Amendments. liquor tax law. In New York the superintendents of buildings of each borough, in other cities the Mayor and in villages the Presidents shall cause to be inspected all buildings deemed hotels, and report in writing within thirty days to the deputy excise commissioner or county treasurer having jurisdiction an identification of all existing hotel buildings complying with the require ments of the liquor law. Similar reports must be made on all buildings erected or altered or converted into hotels within ten days after erection or alteration.

Such reports must specify the number of bedrooms in each building above the basement exclusive of those occupied by family or servants; whether each bedroom is properly furnished and whether they are separated by partitions at least three inches thick extending from floor to ceiling; whether each bedroom has independent access from a hall, and window or windows with eight square feet of space opening on a street, open court, light shaft or open air, and floor space of 80 square feet and at least 600 cubic feet of space; whether such building has a dining room not a part of the barroom properly provided with tables and table furniture, and the number of guests it can accommodate at one time; whether it has a kitchen and ooking conveniences capable of preparing meals for ten or twenty guests at the same time. If the hotel building in any application for license does not meet these

requirements, the license shall be denied, and the police commissioner, chief police officer or village president notified. The hotel business of such place must cease. Any taxpayer who believes any hotel does not comply with these requirements may re sons, with the State Excise Commissioner, who shall have it Inspected, and if it does not comply with the requirements, bring proceedings to revoke its license. Before any new license is issued for that place it must be made to comply, and a statement specifying compliance be sworn to by the city authorities.

Chapter 272 empowers a judge before whom proceedings for the revocation of a liquor tax certificate are brought, if the petitioner be a taxpayer other than the ssioner or his deputy, to order him to present a bond of not more than $500 nor less than $100 that the proceeding will be prosecuted without delay and not be compromised or discontinued save on order of the court. The excise mmissioner may maintain action for the full penalty on breach of any condition of the bond.

Chapter 827 defines employment agency as the business of procuring or offering to procure help or employment or of giving information as to where help or employment may be procured, and of keeping an intelligence office, emEmployment ployment bureau, theatrical or shipping agency, nurses' registry or Agencies. agency for procuring engagements for vaudeville or theatrical performers, or any other office for procuring work where a fee or commission is charged, except agencies conducted exclusively for persons employed as teachers in recognized educational institutions, as occupants of technical or executive positions, and registries of incorporated associations of registered nurses and bureaus of registered medical institutions or departments maintained by persons, firms or associations for obtaining help where no fee is charged the applicant for employment. Fee means money or a promise to pay money, and includes the excess of money received by any licensed person over what he has paid for transportation, baggage or lodging for an applicant for employment; or the difference between the mchey received by any person furnishing employes or performers for entertainment or performance and the amount paid by him to the employes he hires to give the entertainment or performance. Privilege means the furnishing of food, supplies, tools or shelter to contract laborers.

No agency may be maintained in a first class city without a license from the Mayor or Commissioner of Licenses, which must be posted conspicuously in the agency keeper's place of business. The license shall cost $25 annually, and must contain the person's name and a description of his house; it may not be transferred without the consent of the Mayor or Commissioner of Licenses. The licensee must le a bond for $1,000 against violation of the provisions of this statute, and the Mayor or Commissioner of Licenses shall require satisfactory proof by affidavit of the good moral character of all applicants for such license. No agency may be kept in rooms used for living rooms, or where boarders are kept, or in connection with a building where intoxicating liquors are sold.

The keeper of every agency save a theatrical agency or nurse registry or agency for procuring_technical, clerical, sales or executive places for mm only must keep a register in English, giving the date of every application for employment, the name and address of the applicant to whom employment is promise, the amount of the fee and, if possible, the names of former employers. Another gister must contain names and addresses of all applicants accepted for help, date of application, kind of help requested, names of persons sent, with designation of the one employed, amount of fee received and wages agreed on. Every other licensed keeper of an agency must have accurate records, in English, of all persons to who work is promised or from whom a fee is taken, and all who apply for an employe, with the date of engagement, amount of fee and rate of wages. Fees charg lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrubwomen, laundresses, raids, nurses, except professionals and all domestics, servants, unskilled workers and general laborers shall not be abore 10 per cent of the first month's wages, and for all other applicants shall not emceed the first week's wages or 5 per cent of the first year's, except where the employment is only temporary, not to exceed one month, when the fee must not exceed 10 per cent of the salary paid. If through the agency no help or employment is obtained, the keeper must repay the entire fea, allowing three days' time to determine the fact of failure.

tion.

If an employe fails to remain with an applicant for help one week, a new employe must be furnished or three-fifths of the fee returned. No keeper may send an applicant for employment to any place without a bona fide order therefor, and if no employment of the kind applied for exists at the place to which the applicant was directed the agency keeper must refund in three days any fees or transportaA receipt must be given for all fees. No agency keepor may divide fees with contractors, their agents or other employers. No person may induce any domestic employe to leave his employment in hope of getting other through the agency. No agency keeper may send a female as a servant or inmate or as a perform to any house of ill fame or gambling house or salcon, or permit any person of bad repute. gambler or Intoxicated person to frequent the agency. He may not place, a child in employment in violation of the school or child labor laws, nor may he tute forcible possession of any person's property. The Commissioner of Licenses shall have Jurisdiction over all agencies, make inspections, hold hearings on complaint and revoke licenses on just cause.

Chapter 328 enacts similar provisions for employment agencies in second clay cities. Note For Legislative Reapportionmentsee page 290.

CONGRESS DISTRICTS OF NEW YORK STATE.

LAW OF APRIL 27, 1901.

Section 1. For the election of Representatives in Congress of the United States this State shall be and is hereby divided into thirty-seven districts, namely:

1st--Counties of Suffolk, Nassau and the Third, Fourth and Fifth wards Queens Borough. 11d-XVIIIth---New York City Congress districts-(See maps). XIXth-West

CONGRESS DISTRICTS OF NEW YORK CITY.

chester County. XXth-Sullivan, Orange and Rockland counties. XXIst-Greene, Columbia, Putnam and Dutchess counties. XXIId-Rensselaer and Washington counties XXIIId-Albany and Schenectady counties. XXIVth-Delaware, Otsego, Ulster and Schoharie counties. XXVth-Fulton, Hamilton, Montgomery, Warren and Saratoga counties. XXVIth Clinton, Essex, Franklin and St. Lawrence counties. XXVIIth Herkimer and Oneida counties. XXVIIIth-Jefferson, Lewis and Oswego counties. XXIXth-Onondaga and Madison counties. XXXth-Broome, Chenango, Tioga, Tompkins and Cortland counties. XXXIst-Cayuga, Ontario, Wayne and Yates counties. XXXIId-Monroe County. XXXIIId-Chemung, Schuyler, Seneca and Steuben counties XXXIVth-Genesee, Livingston, Niagara, Orleans and Wyoming counties. XXXVth