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Game lawi amended.

Fishing with nets in Seneca Lake.

Chap. 660.

AN ACT to amend the game law relating to fishing with nets in Seneca lake.

BECAME a law May 14, 1896, 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 four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, entitled "An act for the protection, preservation and propagation of birds, fish and wild animals in the state of New York, and the different counties thereof," as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended by adding thereto a new section to article six, to be known as section one hundred and fifty-four.

§ 154. It shall be lawful to fish in the waters of Seneca lake with nets or seines, the meshes of which shall not be less than a two inch bar, from the first day of June to the thirtieth day of September, both inclusive, provided that permission so to do has been first obtained and a license secured from the commissioners Penalty for of fisheries, game and forests. Whoever shall violate or attempt violations. to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of fifty dollars for each violation thereof.

§ 2. This act shall take effect immediately.

Chap. 661.

AN ACT to amend sections thirty-two and thirty-three of chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, entitled "An act to amend the game law and to repeal chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three, entitled "An act in relation to the Forest Preserve and Adirondack park, constituting articles six and seven of chapter forty-three of the general laws.""

BECAME a law May 14, 1896, with the approval of the Governor. Passed, a majority being present.

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

Section 1. Sections thirty-two and thirty-three of chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, entitled "An act to amend the game law and to repeal chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three, entitled 'An act in relation to the Forest Preserve and Adirondack park, constituting articles six and seven of chapter forty-three of the general laws,"" is hereby amended so as to read as follows:

§ 32. Nets to be destroyed by protectors and foresters. -It is the duty of every protector and forester to seize, remove and forthwith destroy any net, pound or other illegal devices for the taking of fish or game found in or upon any of the waters or islands of this state where hunting and fishing with nets or other illegal devices is prohibited or illegal or upon the shores or islands of such waters and such nets, pounds or other illegal devises are declared to be a public nuisance and shall be abated and summarily destroyed by any game protector and forester and no action for damages shall lie or be maintained against any person for such seizure or destruction.

§ 33. Expense of seizure of nets.-The reasonable expense of any seizure, removal or destruction of such nets, pounds or other illegal devices shall be a county charge against the county in which the same shall be seized and shall be audited and paid as other county charges are paid on the certificate of such protec tor and forester stating the time and place of such destruction, the

Trustees authorized

for street

name of the person employed therein, the time spent thereabout, and the money advanced, if any, and to whom, and shall be verified by the oath of such protector and forester making such seizure and destruction.

§ 2. This act shall take effect immediately.

Chap. 663.

AN ACT to amend chapter six hundred and seventy-three of the laws of eighteen hundred and ninety-four, entitled "An act to authorize and empower the board of trustees of villages incorporated under the act entitled 'An act for the incorporation of villages," passed April twenty, eighteen hundred and seventy, and acts amendatory thereof and supplemental thereto, to contract with lighting companies organized under the laws of this state for lighting the streets and publio grounds of said villages.""

BECAME a law May 14, 1896, 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:

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

Section 1. The board of trustees of any village in this state to contract incorporated under an act, entitled "An act for the incorporation lighting. of villages," passed April twenty, eighteen hundred and seventy, and acts amendatory thereof and supplemental thereto, shall have the power, and they are hereby authorized and empowered to contract for a term of one year or more with any lighting company organized under the laws of this state, or with any person or persons, for lighting the streets and public grounds of such Annual tax village, and the amount of such contract agreed to be paid shall be annually raised as a part of the expenses of such village, and shall be levied, assessed and collected in the manner that other expenses of said village are raised, and when collected shall be kept separate from other funds of such village, and shall be paid over to such lighting company, person or persons, by such trustees, according to the terms of any such contract; and any such contract entered into by the board of trustees of any such village

therefor.

of proposi

of electora.

shall be valid and binding upon such village; providing, how. Submission ever, that no such contract shall be made for a longer period than don to vote five years nor for a greater sum in the aggregate than two and one-half mills for every dollar of the taxable property of said village per annum, unless the proposition for the same be submitted to a vote of the electors of such village in the manner provided by sections four and five of title four of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, and approved by a majority of the voters entitled to vote and voting on such question at an annual election or at a special election duly called.

§ 2. All of the counties in this state are hereby exempted from Counties exempted the provisions of this act except the counties of Rockland and Westchester.

§ 2. This act shall take effect immediately.

Chap. 664.

AN ACT to amend the penal code.

BECAME a law May 14,

1896, with the approval of the Governor. Passed,

a majority being present.

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

Section 1. Section four hundred and twenty-four of the penal Code code is hereby amended so as to read as follows:

amended.

§ 424. All corporations and persons other than employes, Falling to

operating any steam railroad in this state,

1. Failing to cause guard posts to be placed in prolongation of the line of bridge trusses upon such railroad, so that in case of derailment, the posts and not the trusses shall receive the blow of the derailed locomotive or car; or,

place guard posts.

2. Failing after November first, eighteen hundred and ninety-Failure to equip two, to equip all of their own freight cars, run and used in cars with automatio freight or other trains on such railroad, with automatic self-couplers. couplers, or running or operating on such railroad any freight car belonging to any such person or corporation, without having the same equipped, except in case of accident or other emergency, with automatic self-couplers, and except within the extended time allowed by the board of railroad commissioners, in pursuance of

Code

amended.

when

without

state or

law, for equipping such car with such couplers, is guilty of a misdemeanor, punishable by a fine of five hundred dollars for each offense.

§ 3. This act shall take effect immediately.

Chap. 665.

AN ACT to amend section four hundred and one of the code of civil procedure, relative to statute of limitation.

BECAME a law May 14, 1896, with the approval of the Governor. Passed, a majority being present.

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

Section 1. Section four hundred and one of the code of civil procedure is amended so as to read as follows:

Exception § 401. If, when the cause of action accrues against a person defendant he is without the state, the action may be commenced within the concealed time limited therefor, after his return into the state. If, after therein. a cause of action has accrued against a person, he departs from the state and remains continuously absent therefrom for the space of one year or more, or if, without the knowledge of the person entitled to maintain the action, he resides within the state under a false name, the time of his absence or of such residence within the state under such false name is not a part of the time limited for the commencement of the action. this section does not apply while a designation made as prescribed in section four hundred and thirty or in subdivision second of section four hundred and thirty-two of this act remains in force.

Not to

revive

actions

barred.

But

§ 2. Nothing in this act contained shall revive any cause of action barred by the statute, as it existed prior to the passage of this act.

§ 3. This act shall take effect September first, eighteen hundred and ninety-six.

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