section is sick, absent, on his vacation, or unable to act for other good cause, the surrogate may designate a stenographer to act temporarily in his place, who shall be paid by the county a reasonable compensation certified by the surrogate. § 2. This act shall take effect October first, nineteen hundred In effect and twenty-one. Oct. 1, 1921. Chap. 464. AN ACT to amend the village law, in relation to the powers of boards of trustees to establish building lines and to regulate the character and location of buildings constructed within a village. Became a law May 2, 1921, 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: added to Section 1. Section eighty-nine of chapter sixty-four of the laws subd. 30 of nineteen hundred and nine, entitled "An act relating to vil- L 1909, lages, constituting chapter sixty-four of the consolidated laws," 89. is hereby amended by adding thereto a new subdivision, to be subdivision thirty, to read as follows: 30. Building lines; character and use of buildings. May establish building lines in public streets and require all buildings hereafter erected to be within such lines; may regulate and limit. the height and bulk of buildings hereafter erected and regulate and determine the area of yards, courts and other open spaces, and for such purpose divide the village into districts, which regulation shall be uniform for each class of buildings throughout any district, but the regulations in one or more districts may differ from those in other districts; may regulate and restrict the location of trades and industries and the location of buildings, designed for specified uses, and for such purpose divide the village into districts, and prescribe for each such district the trades and industries that shall be excluded or subjected to special regulation and the uses for which buildings may not be erected or altered. Regulations under this subdivision shall be designed to promote the public health, safety and general welfare, and shall be made with reasonable consideration among other things to the most Subd. 18a added to L. 1909, ch. 64, 89. L. 1911, ch. 647, $182, subd. 5, desirable use for which the land of each district may be adapted, Chap. 465. AN ACT to amend the village law, in relation to the powers of board of trustees for the lease and maintenance of public hack stands. Became a law May 2, 1921, 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 eighty-nine of chapter sixty-four of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," is hereby amended by inserting therein after subdivision eighteen, a new subdivision, to be subdivision eighteen-a, to read as follows: 18-a. Public hack stands. May purchase or lease lands within its corporate limits for the establishment and maintenance of a public hack stand and may lease such hack stand, or any part thereof, for such term and at such annual rental, not exceeding three hundred dollars, as it may determine. § 2. This act shall take effect immediately. Chap. 466. AN ACT to amend the conservation law, in relation to hunting and fishing on private land used for agricultural or other purposes. Became a law May 2, 1921, 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. Subdivision five of section one hundred and eightytwo of chapter six hundred and forty-seven of the laws of nine L. 1918, ch. 318, L. 1916, teen hundred and eleven, entitled "An act relating to conservation added by of land, forests, waters, parks, hydraulic power, fish and game, cha constituting chapter sixty-five of the consolidated laws," as added amended by by chapter three hundred and eighteen of the laws of nineteen ch. 521, hundred and twelve and last amended by chapter five hundred and twenty-one of the laws of nineteen hundred and sixteen,1 is hereby amended to read as follows: amended. of provi tive to prl penalties, ment, 5. A person who violates any provision of part eleven shall be Violations guilty of a misdemeanor, and in addition thereto is liable to a slons rela penalty of fifty dollars, one-half of which shall be paid to the vate parks; owner of the lands upon which the offense was committed or of enforcethe hunting or fishing rights thereon, together with costs of suit defenses, in addition to the actual damages, all of which may be recovered in the same action. It shall be the duty of the state police, game protectors and all peace officers to enforce the provisions of part eleven and to prosecute the violations thereof. The consent in writing of such owner to hunt or fish on said lands during the open season shall be a defense to a prosecution under this section. Crossing over private lands on a public right of way to or from state lands shall not constitute a violation of the provisions of part eleven. of § 2. Section one hundred and eighty-three of such chapter, as added by chapter two hundred and eighty-seven of the laws nineteen hundred and nineteen, is hereby amended to read as follows: § 183. Damaging fences by hunters and fishermen. Any person who, for the purpose of or while hunting, trapping or fishing, shall without the permission of the owner, lessee or lawful occupant, enter upon the land of another, and while thereon shall cut, destroy or damage any bars, gates or fence, or any part thereof or shall leave open any bars or gates thereon resulting in damage to the owner or occupant thereof shall be guilty of a misdemeanor, *and in addition thereto is liable to a penalty of fifty dollars, onehalf of which shall be payable to the owner thereof, and in addition thereto to the actual damages, which shall be paid to the owner. 'Previously amended by L. 1913, ch. 508. * Remainder of sentence formerly read: "and shall be liable to exemplary damages in the sum of twenty-five dollars for each offense or trespass to be recovered by the owner of the lands, or hunting or fishing rights thereon, with costs of suit, in addition to the actual damages, all of which may be recovered in the same action." Following sentence new. Remainder of sentence new. 183, as added by amended. § 361, as added by L. 1912, ch. 318, and amended by L. 1917, ch. 492, amended. 362, as added by L. 1912, ch. 318, and § 3. Section three hundred and sixty-one of such chapter, as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter four hundred and ninety-two of the laws of nineteen hundred and seventeen, is hereby amended to read as follows: 5 § 361. Notices in private parks. Notices or signboards not less than one foot square warning all persons against hunting or fishing or trespassing thereon for that purpose, shall be conspicuously posted on a private park not more than forty rods apart close to and along the entire boundary thereof. Posting of such notices will be sufficient provided that illegible or destroyed signs be replaced once a year during the months of July, August or September, and there shall be so placed at least one notice or signboard on each side and one at each corner of such park and where an outer boundary runs along or under any waters, the nearest shore or banks within the park shall be deemed the boundary for the purpose of posting such notices or signboards. It shall also be considered due service of notice for trespass upon any person or persons, by serving them personally in the name of the owner or owners of such private park with a written notice containing a brief description of the premises, warning all persons against hunting or fishing or trespassing thereon. 4. Section three hundred and sixty-two of such chapter, as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and amended by chapter five hundred by L. 1918, and eight of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:7 amended ch. 508, amended. § 363 added. § 362. Protection of private lands not parks. An owner or person having the exclusive right to hunt or fish upon inclosed lands, or lands which are used in whole or in part for farming or agricultural purposes, or to take fish in a private pond or stream and desiring to protect the same, shall post and replace notices or signboards, of the size and in the manner described in the preceding section. § 5. Such chapter is hereby amended by inserting therein a new section, to be section three hundred and sixty-three, to read as follows: The 363. Forms for consent to be furnished by commission. conservation commission shall furnish, upon application, printed B Previously amended by L. 1913, chs. 508, 746. Section to here materially amended. 'Section materially amended. blank forms providing for the written consent of the owners of private lands for permission to hunt and fish thereon as provided in subdivision five of section one hundred and eighty-two. added by ch. 318, § 6. Section three hundred and sixty-five of such chapter, as § 365, as added by chapter three hundred and eighteen of the laws of nine- L. 1912, teen hundred and twelve and last amended by chapter ninety-two and of the laws of nineteen hundred and fourteen, is hereby amended L. 1914, to read as follows:9 8 § 365. Fish and game protected. No person shall take or disturb fish, birds or quadrupeds on any private park or private lands or trespass thereon with, or having in his possession, a rod, gun or any implement or means by which fish, birds or quadrupeds may be disturbed, taken or killed after notices are posted as prescribed herein; or after personal service upon him in the name of the owner or owners thereof of a written or printed notice containing a description of the premises and warning all persons against hunting or fishing or trespassing thereon. 87. This act shall take effect immediately. amended by ch, 92, amended. Chap. 467. AN ACT to amend the county law and the legislative law, in relation to eliminating the publication of session laws in newspapers. Became a law May 2, 1921, 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: ch. 16, amended Section 1. Section twenty of chapter sixteen of the laws of L. 1909, nineteen hundred and nine, entitled "An act in relation to coun-20 ties, constituting chapter eleven of the consolidated laws," is hereby amended to read as follows: 20. Designation of newspapers for publication of concurrent resolutions. The members of the board of supervisors in each county representing, respectively, each of the two principal "Previously amended by L. 1913, ch. 508. A different § 363 was added by L. 1921, ch. 79, ante. Section materially amended. 1 Words " concurrent resolutions" substituted for words "session laws." |