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or issued; and the expenses incurred therefor shall be a state charge.

For

113. Commissioner and employees are peace officers. the purpose of enforcing the provisions of this article, the commissioner, deputy commissioners and other officers and employees of the department shall be deemed peace officers and have all the rights and powers of peace officers.

8114. Fines and penalties. Any person violating, disobeying or disregarding the terms of any notice, rule, order or regulation issued or prescribed by the commissioner of agriculture or by any person duly authorized by the commissioner, under this article shall forfeit to the people of the state the sum of not less than fifty dollars nor more than one hundred dollars for every such violation. Any person violating any of the provisions of this article, or disobeying or disregarding the terms of any notice, rule, order or regulation issued or prescribed by the commissioner, or by any person duly authorized by the commissioner under this article, shall be guilty of a misdemeanor and shall be fined not less than fifty or more than one hundred dollars for each separate offense or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment; except that in the case of rabies he shall be fined not less than ten nor more than one hundred dollars for each offense or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment. Any veterinarian violating any of the provisions of section one hundred and eight of this article, in addition to the penalties and fines prescribed in this article, shall forfeit his certificate to practice and thereafter be debarred from practicing his profession within the state of New York until such disability is legally removed. The penalties and fines provided in this article shall apply to violations of section one hundred and ten of this article, except that the minimum penalty for violations of such section shall be for the first violation five dollars for each calf, and, for the second violation, ten dollars for each calf, and the minimum fine for first offense shall be five dollars, and for second offense ten dollars.

§ 2. This act shall take effect immediately.

Chap. 312.

AN ACT legalizing the action of the common council of the city of Batavia in submitting to the taxpayers of such city at a special election a proposition to contribute toward the expense of a soldiers' and sailors' monument, the holding and conduct of such election and the levy of a tax in accordance therewith, and authorizing the common council to expend such money accordingly.

Became a law May 3, 1919, with the approval of the Governor.

three-fifths being present.

Accepted by the City.

Passed,

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

Section 1. The action of the common council of the city of Batavia in submitting to the taxpayers of such city at a special election held in such city on the third day of April, nineteen hundred and seventeen, of a proposition to raise the sum of five thousand dollars for the erection in such city, conjointly with the county of Genesee, of a suitable monument in memory of the deceased soldiers and sailors of Genesee county and of the city of Batavia, the holding and conduct of such election on such date, and the action of the common council of such city in levying a tax to raise the amount specified in such proposition, in accordance with the affirmative vote of the taxpayers at such special election, are in all respects legalized, ratified and confirmed, and when the amount authorized by such proposition shall have been raised by taxation, the common council of such city is hereby authorized to apply the same to the purposes specified in such proposition.

§ 2. This act shall take effect immediately.

L. 1896,

ch.

747, 14, as

amended by

L. 1906,

ch. 411, L. 1907,

Chap. 313.

AN ACT to amend chapter seven hundred and forty-seven of the laws of eighteen hundred and ninety-six, entitled "An act to revise and consolidate the several acts in relation to the city of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers," generally.1

Became a law May 3, 1919, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

Section 1. Section fourteen of title three of chapter seven hundred and forty-seven of the laws of eighteen hundred and ninetysix, entitled "An act to revise and consolidate the several acts in relation to the city of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers," as amended by chapter four hundred and eleven of the and I. 1916 laws of nineteen hundred and six, and as further amended by

ch. 704, L. 1911, ch. 617, L. 1915, ch. 611,

ch. 464,

amended.

Appointive officers.

chapter seven hundred and four of the laws of nineteen hundred and seven, and as further amended by chapter six hundred and seventeen of the laws of nineteen hundred and eleven, and as further amended by chapter six hundred and eleven of the laws of nineteen hundred and fifteen, and as further amended by chapter four hundred sixty-four of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

§ 14. The appointive officers of said city shall be a clerk, a clerk to the mayor, corporation counsel, city treasurer, special city judge, city engineer, superintendent of public works, assessor, four police commissioners, five water commissioners, three fire commissioners, nine members of the board of education, three commissioners of charities, four commissioners of public works, a collector of unpaid taxes and assessments, a pound master, a sealer of weights and measures, a janitor of the city hall; and also members of the board of health and of the examining board of plumbers, and inspectors of election and other officers as may be provided by law.

1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made.

added by

§ 2. Section twenty-nine-a of title four of such chapter, added $ 29a, as by chapter six hundred and eleven of the laws of nineteen hundred 1915, and fifteen, is hereby amended to read as follows:

§ 29-a. Alderman-at-large. The alderman-at-large shall be the president and presiding officer of the common council, and shall have the power to name and appoint all of its committees, and shall be a member of said common council, with the same duties and powers of an alderman, provided, however, that he shall not be entitled to vote except in case of a tie. In case the mayor shall be unable to perform the duties of his office in consequence of a continued sickness or absence from the city, or if there shall be a vacancy in the office, the alderman-at-large shall be acting mayor, and shall be vested with all powers, except to remove appointive officers, and shall perform all the duties of the mayor until the mayor shall resume his office, or the vacancy shall be supplied according to law. He shall receive a salary of three hundred dollars per annum, payable monthly.

ch. 611, amended.

amended by

ch. 411,

§ 3. Section thirty of title four of such chapter, as amended $ 30, by chapter four hundred and eleven of the laws of nineteen hun- L. 1906, dred and six, and as further amended by chapter six hundred and and L. 1915, eleven of the laws of nineteen hundred and fifteen, is hereby fur- amended. ther amended to read as follows:

ch. 611,

powers,

§ 30. Each alderman of said city shall attend the regular Aldermen; and special meetings of the common council; act upon com-duties, committees when thereto appointed; arrest or cause to be arrested all persons violating the laws of the state or the ordinances, bylaws or police regulations of the city; report to the mayor all subordinate officers who are guilty of official misconduct or neglect of duty; aid in maintaining peace and good order in the city; and perform or assist in performing all duties enjoined upon the aldermen of said city separately or upon the common council thereof. The aldermen shall severally be paid the rate of five dollars for each meeting of the common council they attend, payable monthly; but such compensation shall not exceed ten dollars in any one month.

amended by

4. Section fifty-seven of title six of such chapter, added by $ 57, as chapter six hundred and eleven of the laws of nineteen hundred L. 1915, and fifteen, is hereby amended to read as follows:

§ 57. Appointment of clerk, et cetera. The city judge is authorized and empowered to appoint a clerk, who shall be known as "the clerk of the city court," and who shall be paid such

ch. 611, amended.

§ 63, as

added by L. 1915,

ch. 611, amended.

§ 69, as added by L. 1915,

ch. 611, mended.

compensation as shall be fixed by the common council, which shall not be less than eight hundred dollars per annum, payable monthly in the same manner as the salaries of other city officials; and such clerk shall be a competent stenographer and act as such stenographer for said court, and shall hold office during the pleasure of the city judge. The said clerk shall be entitled to a yearly vacation of not exceeding three weeks' duration with pay, but he shall not take such vacation when the city judge is on his vacation. The city judge may appoint another clerk to act during any absence of the clerk or he may perform the duties of the clerk during such time. The compensation of such extra clerk shall be at the same per diem rate as is paid the regular clerk, and shall be audited and allowed by the common council upon the presentation by such extra clerk of a verified bill of items for such service, stating the reason of disability of the clerk in each case; and the amount of such bill, when so audited, except where the cause of disability is illness or absence on his vacation, shall be deducted from the monthly payment of the salary of the clerk.

§ 5. Section sixty-three of title six of such chapter, added by chapter six hundred and eleven of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 63. Marshal and probation officer. The said judge shall appoint a person as a marshal and probation officer, who shall hold office during the pleasure of said judge, and shall give a bond to the city in the sum of one thousand dollars and who shall be paid such compensation as shall be fixed by the common council, which shall not be less than seven hundred and twenty dollars per annum, payable monthly in the same manner as the salaries of other city officials; and said person shall not directly or indirectly receive to his own use any fees or moneys other than his salary. Such appointment shall be in writing and entered on the records of the court, and copies of the order of appointment shall be delivered to the person so appointed and filed with the state probation commission.

§ 6. Section sixty-nine of title six of such chapter, added by chapter six hundred and eleven of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 69. Special city judge, et cetera. On the first day of January, nineteen hundred and eighteen, the mayor shall appoint and designate in writing, to be filed with the city clerk, an attorney

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