General Laws of New York

upon that part of the highway, street or parkway, commonly known as the foot-path or sidewalk.

§ 164. Penalties, how recovered.-All penalties or forfeitures given in this chapter, and not otherwise specially provided for, shall be recovered by the commissioners of highways, in the name of the town in which the offense shall be committed; and when recovered, shall be applied by them in improving the highways and bridges in such town.

§ 165. Stone and rubbish not to be dumped in highways. -No stone or other rubbish shall be drawn to and deposited within the limits of any highway, except for the purpose of filling in a depression or otherwise improving the highway, with the consent of the commissioner of highways and under the direction of a commissioner or overseer of highways. (Added by chap. 352 of 1898, & 1.)

§ 166 added 1901 C. 531 "Registration by owners of automobiles

§167 8168

$169 8169a

$1696 4

SECTION 170. Licenses.

ARTICLE VII.`

"Brake, & camps on auto

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REGULATION OF FERRIES. dicence or permis for ants" "Penaltie

171. Undertaking.

172. Appendages for rope ferries.

173. Superintendent of public works may lease right of passage.
174. When schedule to be posted.

§ 170. Licenses.-The county court in each of the counties of this state, or the city court of a city, may grant licenses for keeping ferries in their respective counties and cities, to such persons as the court may deem proper, for a term not exceeding five years. No license shall be granted to a person, other than the owner of the land through which that part of the highway adjoining to the ferry shall run, unless the owner is not a suitable person or shall neglect to apply after being served with eight days written notice from such other person of the time and place at which he will apply for such license, or having obtained such license, shall neglect to comply with the conditions of the license, or maintain the ferry. Every license shall be entered in the book of minutes of the court by the clerk; and a certified copy thereof shall be delivered to the person licensed. When the waters over which any ferry may be used, shall divide two counties or cities, or a county and city, a license obtained in either of the counties or cities shall be sufficient to authorize

transportation of persons, goods, wares and merchandise, to and from either side of such waters.

§ 171. Undertaking.-Every person applying for such license shall, before the same is granted, execute and file with the clerk of the court his undertaking, with one or more sureties, approved by the court, to the effect that he will attend such ferry with sufficient and safe boats and other implements, and so many men to work the same as shall be necessary during the several hours in each day, and at such rates as the court shall direct.

§ 172, Appendages for rope ferries.-Any person licensed to keep a ferry may, with the written consent of the commissioners of highways of the town where such ferry may be, erect and maintain within the limits of the highway, at such point as shall be designated in such consent, a post or posts, with all necessary braces and appendages, for a rope ferry.

§ 173. Superintendent of public works may lease right of passage. The superintendent of public works may where ferries are now maintained at tide-water lease the right of passage for foot passengers across state lands adjoining tide water for a period not exceeding ten years, on such conditions as he may deem advantageous to the state.

§ 174. When schedules to be posted.-Every person licensed to operate or control any ferry in this state, or between this state and any other state, operating from or to a city of fifty thousand inhabitants or over, shall post in a conspicuous and accessible position outside and adjacent to each entrance to such ferry, and in at least four accessible places, in plain view of the passengers upon each of the boats used on such ferry, a schedule plainly printed in the English language, of the rates of ferriage charged thereon, and authorized by law to be charged for ferriage over such ferry. If any such person shall fail to comply with the provisions of this section, or shall post a false schedule, he shall be guilty of a misdemeanor. (As amended by chap. 313 of 1900.)

Article VIII - §§180-9-added 1902 C. 396

200

183. When to take effect.

Schedule.

§ 180. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.

201

818r. Saving clause. The repeal of a law, or any part of it specified in the annexed schedule, shall not affect or impair any act done, or right accruing, accrued, or acquired, or penalty, forfeiture, or punishment incurred prior to the time when this act takes effect, under or by virtue of the laws so repealed, but the same may be asserted, enforced, prosecuted, or inflicted, as fully and to the same extent, as if such laws had not been repealed; and all actions or proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending February twenty-eighth, eighteen hundred and ninety-one, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing, unless it shall be otherwise specially provided by law.

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§ 182. Construction. The provisions of this chapter, so far as they are substantially the same as those laws existing on February twenty-eighth, eighteen hundred and ninety-one, shall be construed as a continuation of such laws, modified or amended, according to the language employed in this chapter, and not as new enactments; and references in laws not repealed to provisions of law incorporated into this chapter and repealed, shall be construed as applying to the provisions so incorporated: Nothing in this chapter shall be construed to amend or repeal any provision of the Penal or Criminal Code.

8183. When to take effect.-This chapter shall take effect on the first day of March, eighteen hundred and ninety-one.

Schedule of Laws Repealed.

SCHEDULE OF LAWS REPEALED.

Revised Statutes.

Part I, chapter 16....... All.

Revised Statutes. Part I, chapter 20, title 13.