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accepted by the police commissioners at that time, they may, in their discretion and upon application of the said Archibald Hamilton, appoint him as a patrolman in the said police de partment.

$ 3. This act shall take effect immediately.

Chap. 313.
AN ACT to amend section five hundred and eighteen of chapter

three hundred and seventy-eight of the laws of eighteen hun-
dred and ninety-seven, entitled “An act to unite into one
municipality under the corporate name of The City of New
York, the various communities lying in and about New York
harbor, including the city and county of New York, the city of
Brooklyn and county of Kings, the county of Richmond and
part of the county of Queens, and to provide for the govern-
ment thereof," relating to the Aqueduct Commissioners.

Accepted by the city.
Became a law April 13, 1899, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows : Section 1. Section five hundred and eighteen of chapter three city

charter hundred and seventy-eight of the laws of eighteen hundred and amended. ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and county of Kings, the county of Richmond, and part of the county of Queens, and to provide for the government thereof " is hereby amended so as to read as follows:

§ 518. Nothing in this act contained shall be deemed or con. Water strued to repeal, or in any wise affect chapter four hundred and act not ninety of the laws of eighteen hundred and eighty-three, entitled “An act to provide new reservoirs, dams and a new aqueduct with the appurtenances thereto for the purpose of supplying the city of New York with an increased supply of pure and wholesome water,” or the several acts amendatory thereof, but the said act and its amendments shall remain in full force and effect, provided

supply

affected.

Aguotact that the commissioners therein specified, shall not hereafter begin

the construction of any new work, except such as may be properly and necessarily appurtenant to work, the construction of which has been begun before the date upon which this act takes effect. The term of office of the commissioners appointed and existing under the aforesaid act shall cease and determine on the completion of the work, and thereupon all papers, documents and records in possession of the aqueduct commissioners shall be delivered to the commissioner of water supply.

§ 2. This act shall take effect immediately.

Chap. 314.
AN ACT to amend the town law, in relation to the licensing of

hawkers and peddlers, as amended by chapter five hundred and

thirty-eight of the laws of eighteen hundred and ninety-eight. Became a law April 13, 1899, 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 one hundred and eighty-four of chapter five hundred and sixty-nine of the laws of eighteen hundred and ninety, entitled "An act in relation to towns, constituting chapter twenty of the general laws,” known as the town law as inserted by chapter five hundred and thirty-eight of the laws of eighteen hundred and ninety-eight, is hereby amended so as to read as follows:

§ 184. Town board may prohibit hawking and peddling with. out license.-The town board of any town may, by resolution, prohibit the hawking and peddling of goods or produce in public streets or places, or the vending of the same by calls from house to house, without a license; but such prohibition shall not apply to the peddling of meats, fish, fruit or farm produce, to the sale by sample or prospectus of goods, books or other mer. chandise where the same are not delivered at the time the order therefor is taken, or to peddling by any person or corporation in this state, provided no sale is made by such person or corpora. tion of drygoods, clothing, drugs or articles of food and all sales are wholly or partly by barter for merchandise, or so as to ra

quire a license from an honorably discharged soldier, sailor or marine of the military or naval service of the United States who has obtained a license from the county clerk to hawk, peddle, vend or solicit trade, in pursuance of law.

$ 2. This act shall take effect immediately.

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Chap. 315. AN ACT to amend the Indian law, in relation to the sale of

gypsum on Tonawanda reservation. Became a law April 14, 1899, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows :

Section 1. Section eighty-four of chapter six hundred and sev. enty-nine of the laws of eighteen hundred and ninety-two, entitled “An act in relation to Indians, constituting chapter five of the general laws, is hereby amended to read as follows:

§ 84. Sale of gypsum.-The attorney of such nation, for the benefit of such nation, may contract for the sale of any gypsum or plaster stone upon the Tonawanda reservation, on such terms as he may deem just, but for not less than one dollar a cord in the quarry for the first five hundred.cords taken out each year, and fifty cents for each additional cord, which contract shall be in writing, to be performed within twenty years from the making thereof. A person purchasing such gypsum, at the time of contracting, shall execute a bond, with sufficient sureties, approved by such attorney, conditioned for the faithful execution of such contract, and the payment of the purchase price of such gypsum or plaster stone. Upon executing such bond, such person may lawfully enter upon such reservation, at the place or places designated in such contract, whether upon the common lands, or upon the individual improvements of the members thereof, for the pur. pose of quarrying and removing such gypsum or stone, doing no unnecessary damage or injury. Out of the moneys arising from such sale, the attorney shall pay to the persons entitled thereto, for any injury or damage necessarily done to individual improvements or property, by the quarrying or removal of such gypsum or stone, which damages, in case of disagreement, shall be fixed by three commissioners appointed by the county court of Genesee county, upon the application of the party aggrieved, three days' notice of such application having been given to such attorney. The surplus moneys arising from such sale remaining in the hands of such attorney after the payment of such damages, shall be paid by him, for the benefit of such nation, to the Indian agent appointed by the United States government for the state of New York. Such money shall be added to the annuity granted by the United States to such nation, and distributed and paid over to such nation at the same time and in the same manner as such an. nuity. Such agent shall receive for his services in receiving, distributing and paying over such moneys, five per centum of the amount received by him from the attorney of such nation.

§ 2. This act shall take effect immediately.

Amended.

Chap 316.
AN ACT to amend the penal code and regulate bicycle races and

other contests of skill, speed or endurance wherein one or more

persons engage as contestants. Became a law April 14, 1899, 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: Penal Code Section 1. The penal code is hereby amended by inserting im

mediately after section three hundred and eighty-three the follow

ing new section: Bicycle § 383a. In a bicycle race, or other contest of skill, speed or regulated. endurance, wherein one or more persons shall be a contestant or

contestants, it shall be unlawful for any contestant to continue in such race or contest for a longer time than twelve hours during any twenty-four hours. The proprietor, occupant or lessee of the place where such race or contest takes place, consenting to, allowing or permitting any violation of the foregoing provisions of this section is guilty of a misdemeanor. The manager or superintendent of such race or contest consenting to, permitting or allowing any violation of the provisions of the first sentence of this section is guilty of a misdemeanor.

$ 2. This act shall take effect immediately.

races, etc.,

Ilsdeneanor.

Chap. 317. AN ACT to amend the domestic commerce law, in relation to the

size of apple, pear, quince and potato barrels. Became a law April 17, 1899, 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 nine of chapter three hundred and seventysix of the laws of eighteen hundred and ninety-six, entitled “An act relating to domestic commerce law, constituting chapter thirty-four of the general laws,” is hereby amended to read as follows:

§ 9. Barrels of apples, quinces, pears and potatoes.—A barrel of pears, quinces or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure. A barrel of apples shall be of the following dimensions: head diameter, seventeen and one-eighth inches; length of stave, twenty-eight and one-half inches; bulge not less than sixty-four inches outside measurement. Every person buying or selling apples, pears, quinces or potatoes in this state by the barrel, shall be understood as referring to the quantity or size of the barrel specified in this section, but when potatoes are sold by weight the quantity constituting a barrel shall be one hundred and seventy-four pounds. No person shall make, or cause to be made, barrels holding less than the quantity herein specified, knowing or having reason to believe that the same are to be used for the sale of apples, quinces, pears or potatoes, unless such barrel is plainly marked on the outside thereof with the words “ short barrel ” in letters of not less than one inch in height. No person in this state shall use barrels hereafter made for the sale of such articles of a size less than the size specified in this section. Every person violating any provision of this section shall forfeit to the people of the state a sum of five dollars for every barrel put up made or used in violation of such provision.

§ 2. This act shall take effect immediately.

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