Chap. 54. AN ACT to amend the fisheries, game and forest law, in relation to web-footed wild fowl in King3, Queens and Suffolk counties. Became a law March 8, 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: Section 1. Section one hundred and sixty-two of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninetyfive, to read "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninetyfive, and by chapter four hundred and forty-nine of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows: § 162. Exception as to wild fow!.-Except as herein provided, the use of floating devices in hunting web-footed wild fowl on Long island and waters adjacent thereto is prohibited. Floating devices may be used for the purpose of shooting web-footed wild fowl therefrom in Long island sound, Great South bay west of Smith's point, Shinnecock, Gardiner and Peconic bays, and in any part of said counties said birds may be pursued and killed from boats propelled by hand, and from any sailboats in Long island sound, Gardiner and Peconic bays. Whoever shall violate or attempt 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 twenty-five dollars for each bird killed or possessed contrary to the provisions of this section. § 2. This act shall take effect immediately. Chap. 55. AN ACT to amend the fisheries, game and forest law, in relation to wild Mongolian ring-necked pheasants. Became a law March 8, 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: Section 1. Section eighty-two of chapter four hundred and eighty-eight, of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, to read "An act in relation to game, fish and wild animals and the forest preserve and Adirondack park, constituting chapter thirtyone of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter nine hundred and seventyfour of the laws of eighteen hundred and ninety-five, as amended by chapter one hundred and eighty of the laws of eighteen hundred and ninety-six, as amended by chapter four hundred and nine of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows: § 82. Mongolian ring-necked pheasant.-No person shall kill, expose for sale, or have in his or her possession after the same has been killed, any Mongolian ring-necked pheasant (phasius torquatus) prior to. the year nineteen hundred and five, except in the county of Suffolk. Mongolian ring-necked pheasants shall not be pursued, shot at, hunted, killed, trapped or snared in the county of Suffolk except from the first day of October to the thirty-first day of January, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this section. § 2. This act shall take effect immediately. Chap. 56. AN ACT to amend the village law, in relation to the consolidation of villages. Became a law March 8, 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: Section 1. Chapter four hundred and fourteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to villages, constituting chapter twenty-one of the general laws," is hereby amended by adding at the end of article thirteen thereof seven sections to be sections three hundred and twenty-nine, three hundred and thirty, three hundred and thirty-one, three hundred and thirty-two, three hundred and thirty-three, three hundred and thirty-four and three hundred and thirty-five thereof, and to read respectively as follows: § 329. Consolidation of villages.-Two or more adjoining vil lages wholly subject to this chapter may be consolidated by adopting a proposition therefor at an election, which shall be held in each of such villages on the same day, but not after the last day of January and before the date of the annual election. At least ten days before such special election the boards of trustees of such villages shall meet in joint session and determine on the name for the consolidated village, and shall forthwith file a certificate specifying such name in the office of the clerk of each village. The ballots to be used at such election may be written or printed and shall contain either the words "For the consolidation of the village of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trustees)", or "Against the consolidation of the village of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trustees.)" § 330. Filing certificates.-The clerk of each of such villages shall within three days after the election file a certified copy of the certificate of such election in the office of each other village included in the proposed consolidation. If the proposition for consolidation be adopted in all the villages, the clerks thereof shall within five days after the election file in the office of the clerk of each county in which any part of either of such villages is situated, and also in the office of the secretary of state, a joint certificate, stating the holding of the election, the adoption of the proposition for consolidation by each village and the name of the new village. § 331. Effect of consolidation.-On the filing of such certificate in the office of the secretary of state, such villages shall be consolidated into one village by the name specified in such certifi cate. Such new village shall possess all the powers, enjoy all the privileges, and be subject to all the liabilities, in all respects and for all purposes, as if it had been originally incorporated under this chapter; and from the date of the consolidation it shall belong to the class in which it would have been placed if the consolidation had taken effect immediately before the last preceding enumeration of the inhabitants of the several consolidating villages under this chapter, according to the aggregate returns of such enumeration on file at the date of the consolidation. Such new village shall become the owner of all the prop erty of each of the consolidating villages, shall succeed to every right of action existing in favor of either of them, and shall become liable for all causes of action, debts or obligations against either of such consolidating villages, and the same may be enforced as if such liability, debt or obligation had been originally incurred by it. Such consolidation shall not affect any action or proceeding then pending against either of the consolidating villages, but such action or proceeding may be prosecuted to final judgment as if such consolidation had not taken place, except that the court in which such action or proceeding is pending shall, upon application of the board of trustees of the new village, substitute it as a party to the action or proceeding, and in either case the judgment or order shall be enforcible in favor of or against the new village. § 332. Number of trustees; wards; clerk.-Within five days after the consolidation takes effect the boards of trustees of the consolidating villages shall meet in joint session and determine, within the limitations prescribed by section forty-four, the num ber of trustees to be elected in the new village at the first election, and if such new village is a village of the first class, may also divide such village into wards of a number equal to one-half of the number of trustees to be elected. Such wards shall contain a population as nearly equal as may be, and be of convenient and contiguous territory, in as compact form as practicable. They shall make a certificate of such division which shall contain a description of each ward, and file the same in the office of the village clerk, who shall at least fifteen days before such first election post copies thereof in at least ten conspicuous public places in such village and publish a copy thereof at least once in each newspaper printed in the new village. They shall also at such joint meeting appoint a clerk of the new village, who shall hold his office until his successor is appointed. § 333. First election in consolidated villag-At their joint meeting, the boards of trustees of the consolidating villages shall fix the date of the first election, which must be held within. twenty days after the joint meeting, except that if the election on the question of consolidation is held in the month of January, such first election must be held on the day of the next annual election under this chapter. They shall provide for giving notice of such election as in case of an annual election under this chapter. If such village is not divided into wards, the first election shall be held in the consolidating villages by election districts or otherwise as if such consolidation had not taken place. If such village is divided into wards, each ward shall constitute an election district for the first election and the boards of trustees of the consolidating villages at their joint meeting shall appoint two inspectors of election, a poll clerk and a ballot clerk for each ward to conduct such election therein. Such inspectors shall not both be chosen from the same political party. Section twentynine of this chapter applies, so far as practicable, to the first election in the new village, except that if an election is held after the thirtieth day of September and on or before the date fixed for the next annual election, one-half of the number of trustees elected shall hold office until the end of the next official year, and one-half during the next two official years. If such village is divided into wards, two trustees shall be elected in each ward, and if the election is held after the thirtieth day of September and on or before the date fixed for the next annual election, one of such trustees shall be elected to hold office until the end of the next official year, and one to hold office during the next two official years. Section fifty-six of this chapter applies, so far as practicable, and the joint boards of trustees shall constitute the canvassing board at such first election. The certificate of such first. election shall be filed with the clerk of the new village on the day of canvass, and thereupon the terms of office of the officers of the consolidating villages shall expire and the terms of officers elected for the new village shall commence. |