fmw^'.*«"¦ ' '1.1,- j>>ii>.v)i>af ,
mm
m/hi
tAMAir ttftN'f fittifiMHP,
iimwi'W'^9^''^'Vii!f'^'^^^'Y'^^^^'^7'^'
til f4« Iflf
LMAL VOTTCM
out haVinc lawfully nntalned a Hqoor certlflc lie therefor within the mean- of tha proijislona of fhe llquer tax i !• I^latlng lo Ita erforrement and to the ' taction aad prevent,or: of and preaiecu- and punishment for fraffle«tlng'In.llq- j In violsflem of smh law |
f ti. Atwttement of plnce of aale aa nnl- llnce; fnjunrtlon All plae-es where liquor j aold eir kept In violHtlnn of Ihls chap- ! aball he taken and held and are de- | to be common nulssneea and may , abated sa such. The nttnrna>-general , tha district attorney of the county In eh the city la loeated where aueh nul- IDca OKlsta mny malrH^ln an action In name of the atate to abate and per tually enjoin fhe sam? No security I all l»e required for the grunting of a tpormry or permanent hijunr-flon Nhth- ! herein contained ahall prevent a pro- j ling tinder secfinn twenty-eight of the I tax law for procuring an Injunction ' 4nlng any person from iinlawfi/lly tlRcklng In liquor, tn be Instituted by , thar the atate commissioner of excise, n [ rty commisaioner or nny laxpnver re- i ling In the ntv where such unlawful ' llltcking la conducted; and aueh pro- [ ling may tie maintained as though ttie | Dn ngninst whom It Is brought were | liawfully trafBeklng In lle|iior without j lining a liquor l.-ix e-ertlfle-pte as pro- ' by the llciuor tnx law |
I ti. Selaiire of liquors kept for sale or IMrlbutInn In n dty In wblch .as a re- i •nil of a local option vote, the trnffieking In Uquora uneler one or more of the pro- | ylalona of the liquor tnx law Is prohibited , thla chapter, the complaint In a pro- i ling for aelzure and forfeiture of llq- j may he mnde not only bv a spe-.-lal ! nt of the department of excise or n ' ace officer but nlso by any person. In ' MCh citv, the wnrrnnt In such procecd-
ahall not authorize the search of a j 1vate residence occnpled as aiicfi unless or some part of it is used a." n store. op, restaurnnt. hotel or boarding house. unless Biich resilience Is a place of pub- resort. In sueh elty, the person mak- I
complnltit In sin-h pi-oe-eedltigs mny Bonaliy or h.v- an agent iice-ompuny the ' Hcer who executes ihe warrant nnel en- | fany plnce with such oflleer arid assist j with the se.irch* jiti 23 S'lllc'KIng orelers nnlawfiil in cei ! Iltl cases It shall be nnlnwriil for un.v to solicit, ae-eepi or procure In a In whieh ii llijiioi- tux certifle-ate is Ohihited under questions one two nnd ur of section alx of this eliiirt cr, as the . lilt of a local orition vote mii order to Iliver or send to another, or for nnother ' Ulior in any eiunntilv-. where the person wheim such lii|iior Is proc-urod resides any Biich elty A vinhition of the jirn- ¦lona of this section la n misdemeanor Unlahable In the same manner as a vlo- ation of BUbellvisiein •'Is'" of si-etion thirty [af the lieiuor tax l.iw i
I 24. t'nited Slates Internal revenue tax ; Latamp as evidence of irafllckiiiK In liipiois. i lit a retail liquor dealer's or retail malt j ItlQtior dciiler'.a special rnlled States Inter- faal revenue tax stamp, covering premise- I'in a city In which the traftlcking In liq- Lllors under one or more subdiv isions of [aection eight of the liquor tax l.-iw Is iiii- [lawfiil .-IS the result of a local option vod . [be fnund during tin- time coveieel bv (he [atamp on pre(nises for which a llcpior tnx ' [ecrlllieate Is not In T'lic-e under the liquor [tax 1,-iw -it tb.' time the stamp Is fenml. ' jer If siie-li st imp bo III the poss.-ssion of ^ fthe owner, bfs-ee or tenant of smh |irem- flses or of a serv.ini or agent of (,ithei- ¦ Lampliived a( sncb promises, during the j Itlr.ie I ovore.l I • the stamp aiii.l whil fllqiior fa.T ceitlliinte for sm h premise; Ipot III force. Hie tiiidiiig or pcisse.-^sion of j feucli stamp sl.,,:l be priiiia fai le evlilence j
eonvtrfsd mnii aoali ineresffer erioisre eny provision ett ihls seetion for sueh SAr-<in<l and each anhsequrnt violation he shall, upon conviction thereof, tie fined not leaa than twenty dollsra nor more than two hundred dollsra and be Imprisoned for not less Ihnn ten dnva nor more than ninety daya
ARTICLK 4 Construction; Time of Taking Effect Serlloti X,. Construction
*i. TimeOof taking effeet
i K. Constriictieih The pravlslona of any other sta-ute nnfhoii^lrtt loc.-^il aii- IhorUles of a ¦ ity to designate premise^ r.t which lieiuor may be aold or fix the tatio betwe n the numlier of such iflaces nnd tbe peipulafion. shall rtot Im- construed lo authorlxe trafficking In Ii'iuors nor the Issu.-ince of liquor lax i irilflr.-ites con¬ trary to the provisions nf thla e-!iapter.
i tH',. Time of taking eftee t. This rhapter •b.-ill tnke . fTee-t lmmeella;elv Stnte ot New York. Office of the Berre-
fnry of State, ss
I have c'ompared the prereding with the orlKlnal Inw on file in this ofTlce. and do heri'by certify thMt the same Is a ceiriec t transcript therefrom and of the whole of said original law.
FftANriR M. HKriO.
8e«jretury of Stnte.
leFOAf, If^TfCKR
hVMAh WOTICKR
LBQAL HOTirRlil
article snd ahati At «rd determine their aalanen All e»p-niK«rf Incurred by hin and under hla direction In carrying o«t tbe provisions of this article ahall he paid to him hy the state treaaurer from any moneys appropriated for *uch purp<»ee.
I tSR Illegal uae of stamps; penalty. Any person who ahall wilfully remove or oanae to be removed, alter or cause to be altered the n,nc»|(ng or defacing marka of any adhesive stamp provided for hy this article with Intent fo use the aenae. or to cause the use of the same afteaf It ahall have been naed. or ahall knowingly or wilfully lasll or buy any wnshed or r#- Btored atanlp. or offer the ••tme for sale, or give or expose the aame to sny person for uae. or knowingly use the aame or pi pare the aame with Intent for the fiirth
uae thereof, or ahnll wilfully use
counterfeit atamp or any forged atamp \V"
'tr ttr
LAWS OF NEW VORK—By Authority.
illAP T'lO AN ACT to amenel the tax Inw. In rela¬ tion to tfie tax on Investments and (innsfers.
Hecame a l,iw .lune I, 1917, wltb the approval of tbp (lovernor Passed, three- fifths being pl eseht
The I'eiirile of the State of New York, represeiiled in Senate and Asaembly. 'do eiine-t as follows
Seelliiii I. Article flfleen of ehapter slx- fy-tw,i of the laws of nineteen hundred and nine, enlilled -An act in relullon to tHxntlon, coti.= iitiitlng chapter sixty of the consolidated laws." »s ncldeel hy chapter two hundred and sixlv-one of the Inwn of nineteen liundied and sixteen. Is hereby amended let read na follows: AftT ICLK Ifl. Tax on Investments.
3.17. 338.
339.
340.
lof He trnftl'-MiiK In liq inis on sin-h prem- [laes
i l'"i. AdiJiiionai i oqiiiieinenls fnr pre- lacrlptinn.s. Ill a eltv In which trafflcklng Lln liquors under i|iiestiniis one. t-.vn and {four of sec. tinn six of Hiis chapter is pro¬ lhibited li.v 111'-- 1 luipter. us the result of a llocal option vole, a prescription fnr liq- Uora Is lied for a r^iilcnl of the e-ity by a l^hysiciaii l-.,^idlllg therein shall e-onfoim the provisions of the lieiuor tax law tnd ill ml.Iition tlieretn shall stale the [kind and eiuantity uf liquors prescribed. Ithe diree-tleiii fnr.use of such lieiuors nnd Iconialii till- phy.sician's certilieate thut the Ipersnn for whom the piesc-riptieui is is- latled Is aeliiall.v sick and that such liquor lis required as a niedidne. The i.-,suaiice raf a preset iplion conliaiy to tin- pi'ivi- lalona of this sec-linn sliaTV be a niisde#iioa- Inor It shall be unlawful for any physi- Iclan who shall have bi'eii convii-ted of a ¦violation hereof In issue any pre Hcriptieiii Ifor ilquoiii fur a period nf two years alter |the date nf such ennvielion,
I Jl. Addilional lequiremenls fm- phai- lidcl^ls and ili-i;g.gists. In a cit.v in weich traltlcklng in liquors under eiucstnuis i',ie. two and four of si-ction six nt" this ch,ip¬ ter la prohibited by this i li.ipl.'r. as the ¦tesiilt of a, vole on Inenl o|iiion I'^iicstions. Ithe following lostridioiiii, in adilition to the reiiulrenionls of the liquor t.iy lavv. ahall apply to pliainiacisis and dru^-iirists liolding lii|iinr lex leitili'atcs ui.iloi siib- fllvlsiiiii tliroc of seetion eight of the liq¬ uor tax law.
1. Kai'h phai-inin ISt or clruKL'.ist shall provide and kei'P a liook in vvliie-h sliall be Recorded eac ll sale of liquor lo any poi-
the dale of t!ie sale and the name of ^he'* purcliaser, the kind, eiiuiutity and price of tht» ll'iiinr sold and the name of |he physician issuing the piesoriiitinii.
2. ISach piirch:iser rIiuII be leiiiiired tn Ugn his name opposilo or under tin' entry pf the sale to hlni and write his rcslde-in e kddross. by house niimbor and sireet liame. If any, and olheivvlse h.v an :ip- liroprlute designation.
S. Tho prescription ahnll be marked ('cancelled" when once lllled. 4. Such record book shall be open to napei-tlun by the district atlorney and lierilT of the counly. any magistrate ol- •ace elfflcer of the city imd an.v special |gent or the state department of excise.,
A pharmacist or druggist vIolatliiiT the provisions of this section shnll be giiiltv misdemeanor, ^'pon any convjctlon herefor. the lie-ense of Hie pharinaelst or Prugglst ahall be revoked, with the same rfoitures and dts.iblllties us provided tn |ie lieiuor tax law in the'cuseof a revoca- of the liquor tux certifloate of a bai^iuclst or druggist .
fl 27 Liquor lo be removed from place -former sale. A person enguged In loking In liquor In u city when a locui ^tioii vote is taken shall remove'or uause be removed all llqiioi-N from the prem- of such trafficking to u place In whioh atore. shop. re>stauruiil, hotel or board- house is conducted, within ten duys fter the ensuing thirllelh day of Sep- aber, If as a result of suoh voto. the Bcking III lieiuors at suoh premises uii- any pretj-islon of the llepn.>r tax law ba unlawful un und nfter the cnsuinK day of iVtober Failure to cojii|il> tha provisions of this see-lion shall he facie evktence thnt such liquor is for the purpose of sale or dii>itribu- . contrary to law
Offenses connected with tha aiib- ¦iun of Ivicul uptlon quosllons. Any who algna a petition provided for thla chapter, knowing he la nut quail- to do ao, or whu files any 8uH> Peti- or any sheet or other part thereof, i tbat it ('onUlna the algnature uf ' on Mot qualified to aign the same. , ¦Who race!vea. requests, demands or jalfars or promiaea any reward for , or refraiiiitig from signing any ' petition, ur who by treating or gl\- i l^Uquor or anything else of tlie aame dUfefwit kind or by threata to Injure •r Ml person or property or by bet- pr uther similar device, either Of ImlJrectly Influences or at- to Infiuence any une to sign ata frum signing any aucb pe- «ltall be guilty of a miade- end upon vanvloiioti thereof ahall not lesa ttian twenty dollara nor .tbet' l*" hundred dollara. or im- fur uot leas than ten days nor an ninety daya or be ttoth ao I tmprlaaiiad In the dlacretloa of U aay aucb penioa atudT ba ae
Bcotlun 3.1(1. I>ellnltlniis |
3:il. I'n.viilent of tax on Inveat- I meiils. J
.131 Stamps; bow prepared andl u sed i
33:!. No exeiiiptinii unless stamps I ate allixed and canceled. | S34. Contracts for dies; .New "york I dtv oflice, expenses, how I paid. 3$i. Illegal uso of slumps; penally. ' 3.1(>. No deduction of debts aKalnat laxable iiivealment. AfipUcutlon of taxes. |
Kxeiiiiitlon where lax h.as been puid on. secure-d debts , before .Mav- flrst, nlneHen ' hundreid and tilteen, ' [
Exeiiiplion where tax haa been paid on secured debts between .May flrsi. niiii'ieen liunclied and flfteen and Iiee-oinber tbirly-fli-st. niue- lei-n hundrod and sixteen. AppiirlionmeiK uf value of iii- vostiiieiit sec lued by mort- ^. gage of pioporty situale 1 partly within nnd partly i
vithiiul the stale. ;
I I ,',30. Defluitiniis. 'I'ho word 'Invi.st-,
¦ meals." as used in tills article, shall In- i
¦ cliiile: Any liniid. note, elelit, debenture, ' I equilimciit I "inl or note', or wrlHeii or I printed eililic.atioii. I'orming part of a
series of siiiiil,ir bniids, notes, debts, de bentiiies. w-illteii or prlnled obligation.s. I whicli by tl i-ir leius are [lavable ono j year or more fi-nm their date of issue ntul I wliich aru eitlicr seemed by a mortg.T'e, \ I pledge, deposit, or deed of trust, of re il i ! or personal iiropfrty. or both or wlii'-li , are not seciiieel at nil; exc-epiing linmls of . tliis state or an.v civil division Hieieof ond , '. such bonds, notes.-debts, efebentures, w-ril- ' i ton or iiiinle-i oblig itiiuis, whieh are se i clUcil b.v- a deed of trust nr mortgage T e- j corded in tlie slale nf Now'- Vork mi real i ' property situated wholly witliin the stute 1 of .New Yori<; exe-epting also such hoinls. I j notes, debts, debeiiliiros, written or print- ' ed oiiiigatioiis held as ccillateriil In see-iue i the payment of Inveatmonts taxabk- uu- j I der this article or of boinls taxable iiiuiei- i article eleven of ibis chapter: and ex<:eiit- I Ing also sueh iiiopnilliiii of a bond, note, j ik-iil, ilebeilture or wiitten or printol ohli gallon, sec-iir.'d bv deed of (ii:s( eir inor(- , gage lecoi-eled in the state; of .New Vork . . ol property or iiroperlies sltiiateil partly i williin and partl.v wllhinit (lie st't,- of i New ycirk as the value of that part of the | ! mortgugeil iireipeity or properties situate,! ' i w-illiin till' siale ',r .\i'W York shail li.ar I ' to the value of tlu- entire mortg,-iged prop- ' ert.v- or priqierties I
• § ;'i;il. Pa.v ineiit of t:ix on Inveslmenta.
After lilis ai tide take-s enei-l :in.v person | . may take or send to the oflice of the !
¦ comturoller of this stale any invesliuent. j und may pay- to Iho stale a tax al tlie
[ rate of I'.vent.v- cents per year on eacli one , hundrod dolhirs or fiacllon tlierenf nf tlie fuce value of such iiivestment for one eii- moi-e yoars not exceeding live, iiinlei' siieii loguiatieins n--¦ tbi- v-ompt roller may pie- scribe, and tlie- c nniptrollor shall th'ie- >i:pon aflix stamps heieinafler provldeil '¦ lor. to siii-h Investment, which sl:«ni|is ' shall be elul\- sji^iiied by the e-iiiiiplroll'-r or his duly aiidicii-i-/.od re|ii-esenl,iti,ve and dal- I cd as of the elite of the payinont of si' b tax. The leinipdniler sliall keep a reeciril 1 of such liivesdneiil logeHier with Ihe iianie and iiilelress nf tho iie'scin fiieseiii- llig the'Same ami the dale of pavineiit of ; the lax
' All sueh iiiveslmeiits shr'il llieri-al'ici
he exempt finm all taxallon In the stale
, or anv- oJ" tlie nunicipaUiies or luvil di-
I visions of the stale except as provided in
I !-ec(lons tvveiit.v-l'eii;i tu iweiilv-fiiiir-g
I lioth Induslve eiiie liuudred and oi.-ility-
¦Jeven, one hiiiiUred and elght.v-eight and
I one (jundiod uml eighty-nine nf this c-hafi-
: 'ft-, and in articles ten and twelve nf this
' ,-liapter. fnr the pi rind of ye;irs fioiii tho
I puynieiii of smh t- \ for wliich such lix
jhall have b- on paid and sueh slanips
I .mixed.
' i :Wi. Stamtis: I civv piepared and usee' Adiio.she stamps for the piiriHi-je of indi- I eating Hie lui v iiii-nl nf the tax provid..»il i lor by this iiilido shall be picpaied to I the compti-'.iler. in such form and of siic-ii ' diiiiiiiilnatloiis and In siu-h iiiiantitles .-i-- hi' mav fioni timo In time prescribe, t'por I tho pavnienl of llu- tax prov,del by tbi- ,u-ticic iipnii .(UV- investment the (iimpticil- i ler .---hall ultix stamps'of the liiiipei de noniinaliniis, equal in face value to tli" umnitit of t.ix paid, to the liivestineiil. and shall eiiiie-el the same bv Ihe se;il of ; his olllce or bv siii-li other e-ancelinu ,le- vi, e- as he muv piesorlbe 1. 33;i .S'n exeiiiplion iinlesH stampis are ^ .-ill!se,l and cineeled. The payment of Hit- t:,x upon an.v liivestmont. us piovlde.l in thi; artlele shall nut exempt audi iiivesl- I iiieiit frmu tiixatinii. us provided in «ec- 1 tion tliree hundred and thlitv-one. iinlo.ss ! st.;:ap.e lo tile proper ummint are ulhxud and c.inceded as provided in the preced¬ ing seetion.
;i "'11 (Contract for dies; New York city nfH'o; expenses, how paid The state chni|i(i-ollcr is hereby directed tu make. enter Into and execute for and In beha - uf the stale audi ounlrucl or contracts for ill s plates and printing necessary for the inanufaculre of the atamps provided for by this urtk'le and provide sucli station- eiy and clerk hire, tofether with auch bou ;s and blanks us In his dlacretlon may be necessary for putting into operation the piuvisioiis of thla article; he ahall t>« the custodian uf all statapa, dies platea or other material or thing furnlahe-d by him and uaed In tha manufacture of auch atute lax atampa. In addition to tha re¬ ceipt of tuxea p^able us pruvlded In this article ut hie ulm-e In the city of Albany, the comptroller aiuzll maintain an utllce for the rei-elpt of such taxes in the city of New York lie ahull appolut, and may al pleaaurc reiqove. auch asalstanta, clerks and ether paraoas a^iaay be neoea- aary to carry out tba prerlsloaa of ttata
articles ten and twelve
With Intent to defrniid the stnte of Nei York, ahall be guilty of a misdemeanor and on conviction thereof shall be liable to a fine of not lees tnan flve hundred nor more than one thnusand dollara, or be Im¬ prisoned for not more thnn six months. or by l>oth auch fine and Imprlaorrment et the discretion of the eourt.
I *K. No deduction of debts agnlnst tax¬ able Inveatment. The owner of any In¬ vestment, on which the tax provided for In thla article has not been paid, shall t>* assessed upon sueh Investment In the tax¬ ing dlstrlet In which he resides, upon the fair market value of surh Inveatment and no deduetlefn for the Juat debts owing by him shall be allowed againat the aaaesaed vnlue of auch Investment, aa provided In aection six of this chapter or elsewhere In thla chapter or In any other law of thla atate except that the deduction from the taxable property permitted by aection bIx of this chapter shall be allowed to any pe.-- •on, In respect of any Investment which for the purpose of hia business, as here¬ inafter described and not for or aa an In¬ vestment, shall be temporarily owned and h^ld for sale by such person then actually engaged In the bona fide p-irchaae and Bale of auch Investments aa a buainess, and who then shall have and maintain an office or place of busineas In thia state for the carrying on of the actual boha fide buslnees of purchasing and selling auch Invwatments aa distinguished from tho purchase thereof for Investment, but such deduction shall not be allowed In rsBpeot of investments owned and heldifor a long¬ er period than eight montha.
I 337. Application of taxea. The taxes Imposed undor this article and the reve¬ nues thereof shall be paid hy the atjvta comptroller Into the state treaaury and bo applicable to the general fund, and to the payment of all claims and demands which aro a lawful charge thereon.
I 338. Exemption where tnx has been paid on secured debta before May flrat, nineteen hundred and flfteen. If n tax ahull huve been paid upon a aeeured deht pursuant to former article flfleen of the tax law prior to May firat, nineleen hun dre and flfteen. or prior to April flrst, nineteen hundred and seventeen, under ar¬ ticle eleven of this chapier, such debt shull be exempt freini taxation hereunder and from all taxation In the state or any of tlio muiiicipalllies or local divisions of the Blale, except us iirovlded in .sections twcn- t>-four to Iwenty-four-g, bolh inclusive, one hundied and eighty-seven, one Iiun¬ drcel and eighty-eight and one hundred I anel elghty-niric of this chapier and In ar ' tieflos ten und twelve of tills chapter. j 9 339. Exempt ions where lux has been paid on secured debts beiween May tlfat. nineteen liundred und tlfleen nnd Hceein- ' ber tlilrty-first, nineteen hundred and sixteen. If a lax sliall havo boon paid , upon a ,secured debt pursuant to fnriiiei itrticle liflcon of the lax law, between .Mu; , 1 flrst, nineteen hundred and Iiftecn, and ' I Deceniber thirl.v-flrst, nineteen hundred . nnd sixteen, auch secured delit shall be ex.- empt from taxation hereunder, uml finm all taxation In tho statu or uny of the mu- '. niclpalllk's or local divisions ot the state, for the period of Hve yeurs trom the dati . ot the pav ment of such tax. excepl as pio- I vided in sections twenty-four to Iwenly- '
foiir-g, hoth Inclusive, one hundred and I eighty-seven, oiije' hundred and eighty- I eight and nne hunclred and clghly-nlne, of I this chapter, ami in , of thl» chapier
I § 310. Apportionment of vnluo of Invest- I menl secured by mortgage of properly ; Blluuled partly within und partly witliout I the slate. If a bond, nnle, debt, deUeiiluie, ' equipnieiit bund or note, or written or . printed nbllgaiion bo secured by iuui-1-.^agu I oi- deed of iiusi recorded in the state of i New Vork of property or properties, silii- I aled iiurfly williin and partly without the I 8(a(o ol" .N'ew Vork. and a proportion nf I such bond, note, debt, debenture, cciuip- ' luoiil bond or note, or written or pilntod I obligation con.slitutes an invoslment as providoel by section threo hundred and I thirty, llie holder ol" such Invostmoiii niuy ! appl.v- K> iUii coiiiplrnller for u delcrniiiia- I lion of the propiM-tion of audi bniid, note. I debt, debenture, equipment bond or nnto. or written or printed obligation wliich l."^ taxable a.s an Itivestmonl under this ar¬ ticle, and the coinplt-oUer shall, us .sunn as practicable thereafter, furnish to sucli applicant a eleteriuitiallnn upon whicli the tax imposed by this urlldo on such Invest¬ ment shall be based, wlikh dotci tniiiat inn .shall be in the manner provided for In sec¬ tion two hundred and sixty of this ch iptcr made in lespec-l of tbo npporli'iiimeiit nf the value of such niorlgaged property In j connection with the recnritlng withiii Hie I state of New York of the morli^ni^o nr j otlier Incleiilure hy which such investment may be secured; or may waive such doler- j miiiaiiciii and pay the lax upon the full I aniiiunl of such Invesliuent, and there¬ after the whnle aniount of euch Invesl- { ment shall be exempt from taxation uiulei the prnvisions nf section three liundreil and thirt.v-nno of this chapter, I 8 2, Si-cllou two hundred und tvvenly- one-b or such chapter, us added by chap- ! Ur six hundred and thirty-nine nf tin- luwa of nineleen hunclred and thirteen, l.-s liereby renumhered secllon two hundioel and twenty-one-c.-, and u new Becllnn two hundred iind Iwcnty-one-b Inserted lo reU'l as followB; i i 221-b, Additional tax on Investments ir certain cases, I'tion every transfer of an I liivostmeiit, na delined in article flfteen of I this chapier, taxalde under Ihls urlldo. u ! tux Is hereliy Imposed. In addltlnn ti tho *tax impnseil by sec-tilnn two hundrod and 1 twonty-ono-a, of five jier cenlum of the , apfiralseil Invenlory value of such liiveat- j ment, unless tlie tax nn such investmeiit I as prescribed b>- article liftoeii of Ihl.'^ -•hapter or the l;»x on a secured debt us , delined by fnriner article flfte'en of this j ohapler sliall have been paid on such lii- I VeBlinenl or secured debt and Htain|ia af- I fixed fnr a pti-i'id liu lulling the dale of tha : deuth of the iloc-dciil or unless the per- I aonal representatives of dee-edent ure ulile i I to prove that a pei sniial po|K.-rly' tax w-as I asseseed and p.ikl cm .such Investment or secured debt during the porkid it was Iielvl by dei-edent: or unless the decedent wus actually engug».Hl in the bona flde purchaae and salo nf Invest ments ua u business, and at the lime of his de-utli had maintained ^ an office or place of business in this state for the curryln.g on of tho actual bona rtd" i business of purchafling and selling Invesl- iiienls, as dlstliiKuished from the purchase thereof for investment purposes, and had owned and held auch Inve.stmenl for sale for the purpose of his buainess and not as Inveatment for a iierlod of not more thun ) eight months prior to his deuth
i 8. Section one of this act shall take ef¬ fect Imiiu-dlutely. Section two ot thia act ahall take effect July first, nlnetean bun- ' dred and seventeen. !
State of New York. Offlce of the SecraUry ] uf State, ss:
I have compared the preceding with the { original Uw un Ale in this offlce and du , baroby certify that the aama ta a correct : tranacrlpt therefrom and of tbe whole of , aald original law
rRAN<"ia M HUGO, I
BaureUry of buta-
*Bo la orlglBal.
LAWS OF Niw YO«K~ty Authartty.
CHAP m AN ACT to afrtend the labor law. In re1»- tlhn to tne storage of exploslvea and th« penalty tor violntlon of the provlalona ol ths labor law In relation thereto fteeame a law May 23, IM7, Vith the ap proval of the Oovernor Paslled. three, flflhs being preaent. 1 he People of the State of New York, ted In Benate and Aaaembly. dr followa:
I. Seetion two hiineTt-ed and thIr
of ehapter thIrty-alx of the laws ol
leteen hundred and nine, entitled An
relating to lalK.r. constituting nhaptet
rty-one of the consolidated laws" aa
'added by ehapter two hundred nml thirty
r of the Inws of nineteen hundred and
fifteen, la hereby amended to real as foi
iws:
tttleil "An aer relatlna tn labor, ronatttut- tng ehapter thirty-one of the conaolidaled tewa,'" aa added by chapter three hundred and thirty of tne lawa of nineteen htin- yired and twa.va and amended by chapter Two hundred and three of the lawa nf nineteen hundred and thirteen, chapter three hundred and fort.v-aeven of tfie laws of nineteen hundreel and fifteen and cHap- ter four hundred snd slxty-alx of the laws of nineteen hundred and sixteen. Is here¬ by ifmended to rend aa follows:
I HS-a. fi'Ira alarm signal ayatema and fire drllM. 1. Every factory building over two stories In height in which more thnn twenty-flve persema are employed, above the ground floor shall be eeiulp)ied with a flre alarm algnal ayatem with a auffleient number of algnals clc^arly audible to all occupant* thereof, except In buildinga in
thereto, and tM
tmkt virrtciss.
I 23fi Reports
which every square foot of the floor area All persons engaged In on all stoi'lea la protected with an aud
keeping or storing explosives, who shal; not have heretofore made a reiiort to lh« atate flre marshal as required hy geclhu three hundred and sixty-three of the in aurance law, noW rerieale-d. anel all per Sons engaging In keeping or storing ex plosives after the proviaions of this see¬ tion take effect ahall. before engnglng li the keeping or storing of explosives. nink» a report to the Inelustrlal commission or blanks to be furnished by the commisslot stating:
1 The location of the mngnalne, If ther exlatlng. or In ense of a new magazine the prcqioBed location of auch magazine
malic sprinkler syatem having two adi- eiiinte Boureea of water supply and ap¬ iiroved hy the public authorities having Jurlsdicdnn nnd In which alao Ihe mnxi- mum number of oce^upnnts on nny oni- floor doea not exceed by fnore than flfiv per centum the capacitv of the exiis nade termlned by subelivlsions one, two. three. four, flve. six and aeven of section aeven ty-nlne-e of this chnpter The board nf wtandards and appeals In the city of .New York, nnd elsewhere the Industrial coiii- miaslnn, may mnke rules nnd regulations prescribing the number, character and lo- raflon of sueh algnals. nnd the mode.
2. The kind of exploslvea thaj are kept manner, method and character of Installu
or stored or Intended to be kept or stored
and tho maximum qunntity that Is Intend
ed to be kept or stored ttiereat.
3. The distance that auch magazine li
' located or Intended to be located from thi
I neareat buildings and highwaya.
The Industrial commiaaion ahall, as soor aa may be after receiving such report cause an Inspection to be made of tli» magazine, If then c-onatructed, ary] In th« cnae of a new magazine, na aoon aa may be after Bamn Is constructed. If upor auch Inapectloii the magazine Is found tc be constructed In accordance with th« specifications provided In aection two hun dred and thirty-three of this article tli« Industrial commission shall determine tin amount of explosives that may be kept oi stored In such magazine by reference te. I the quantity and distance table set fortt I In Bectlon two hundred and thirty-one ol thla article, and may Issue a cerllflcate tc I the person applying therefor, showing I compliance with th<^provisions of thla ar- j tide, which certlflcate shall set forth tht I maximum quantity of explosives that niuj be had, kept or stored In aald magazine Surh certlflcate of compliance shall b« valid until cancelled for cauae aa herein¬ after provided. Whenever by reason ol change In the physical conditions sur¬ rounding aald magazine at the lime of th< Issuance of the certificate of compliance therefor, such as the erection of building.'! nearer said magazine^ or the operation cl railways, or the opouing (if highways, the owner of such magazine shall immediate¬ ly notify the Industrial commission and the commission shall modify or oniie-d auch certificalo In accordance with the changed condltb^ns. A\'henen-er any per¬ son to whom a certlKcate of compliance, has been Issued by the state flre murshal, commissioner of labor, or Induslriul com mission keeps or stnies In the magazine covered by such certituate of compliance any quanllty of explnsives in excess ol the mnximum amount set forth In Buc-h c-ertlllc-ate of compliam-e Issued therefor, or whenever any iK-rsnii fails for ihlrty days lo pay the annual licenso foe heie¬ inafler provided nfler the same becomes due, the iiidiislrlal eominission la author¬ ized to caned such certlflcate of coni|ill- aiice and to ordor the removal of ull ex¬ plosives stored III said magazine,
Eve-ry person engraKing in the keeping or storing of explosives shall pny un nn¬ nual license foe for each magazine main¬ tained, to bo grailualc'l by the Industrial commission accordlnf? In the quantity kepi or stored therein, of not less limn flve dollars nor more than twenty-flve dollurs. Satd license fee sliall bo payable In ad¬ vance to ihe iiiduslriai coinniiSBlon und by t!ie commission paid lo the stale treas¬ urer, i 9 2. Such chapter is hereby amended by adding after section two hundred and thirty-nvo a new section, to be section two hundred and thirty-flve-a thereof, to read as follows:
§ li!o-a. In time of war the governor may from time to lime prepare, make, modif.v. amend and piomulKale by public procla- malloii such rules und regulations In (he Interest of public safety ua he may deiiii necossaly govonilng the niunufacture, dls- trlbuMoii, Hlurage and use or possession for necossary and proper purposes In tliii" ot war. all such smokeless puvvilor, explo¬ sives, blasting, supplies, and the Ingredi¬ ents thi-reof, cnnibiisllble, starters and supporlcrs, asphyxiating gases und cor¬ rosives. Such rules and regulalioiis sn promulgated by the governor shall lake effect thirty daya after the proclamation thereof.
i 3. Sections two hundred und thirty- seven and two hundreel and (hir(y-ci'-,'ht of sucli diuiiior. as added by chapter two hundred and ihirt.v-four of the laws of ^nineteen hundred and llfleen, are herehy anieiiiled lo rc:id as follows: '
i :;37. Records of sale. Kvery persnn selling nr ulviiig away explosives wilhin . thia slate siiall keep at all times an uc- cunate journal or book of record In which must be oiUci-cd frmn time to time, us il Is made. o;idi and ever.v sale made by such person In tlie-course of business, m- olhei^w-iso, of an.v- eiuantity of explosives Such Journal or record book must show in , a legible willlm?, to be eiitcrod tlierdn at the Ume, a complc-le history of ench Irans- acllon stating the name and quantity of explosives sold, name, place of residence anel business of tli<, purdin,scr, name of Individual tu wlmni delivered, wllli his or ller address. Sudi Journal or book of rec¬ ord lUUbl be Kept by the person so selling expiiisives in his or ,tlieir principal ofllco or place of business, at all limes subject to the inspection and exaniiiialion of (lie Industrial cnmin1»sloii, lla deputies, and the police authorities of the county or nni- niclpaliiv w',iero the samo ts situated, on proper denucnd tlioiefnr. Nnthing In this sectioii, however, ahall apply to persons selling or giving aw.ay expln.sives liKiiuan- tities of five pounds or less at any one time
J "'i8. Exeepilons. Nothing contained In ' this article In sections two hundred und thirty to two hundied and thirt.v-seven. ; Inclusive, .ili.iil bo eleenied to Include gaso¬ line, kernsone. nuphtlia, turpentine or boii- /.ine. nor shall any of the provisions of this article tifleeiiin «iiply to cilios of tills stute having more than one iiiillinn inhubi- tanls. In any oilier city of the stale hav¬ ing a department of public snfely and coii- nec'ed theievvlih a bureau of explosives oi- combustlbles, the provisions of this ar- t*ele shall be enforc-ed by such local au¬ thoritiea.
9 4. Thla act ahull tuke effect Immedi¬ ately.
State of New York. Offlce of the Secrt tary of Slide, ss:
I have compared the preceding with the , original law on file In this offloe. and do ; hereby c-ertlfy that the same is a correci , transcript therefrom and of the whole of ! said original luw. i
FRANCIS M. uroo
Secretary of State ,
tion. Including the character of nil appli¬ ances In connection therewith. Surh sys¬ tem Bhall be Instnlled hy the owner or les¬ see of the building and shnll permit the sounding of all the alerma wilhin Hie building whenever the alarm la sounded In any portion thereof. Surh system shnll be maintained In good Working order. No person shall tamper with, or render Inef¬ fective nny portion of said system excepl to repair the,aame. It shall be the duly of whoever dlgcovers a flre to eauae an alarm to be sounded Immediately
I 2. Thla aet shall take effect Immedi¬ ately
Stnte of New York, Office of the Secre¬ tary of State, ss:
I have compared the preceding with the original law on file In this o/tlce. and do herehy certify thnt the same la a correct transcript therefrom and of the whole of said original law.
FRANCIS M. HttOO.
Secretary of State.
LAWS OF NEW YORK—By Authority.
CHAP. 8S4.
AN ACT to amend the labor luw, In rela
tion to flre alarm signal ayatems.
Became a law May a, 1817. with the ap¬ proval of the Oovernor. Paased, three- fifths being present.
The People of the Btate of New York, represented In Senate and Assembly, du enact aa follows:
Section 1 SubdlTlalon one of aeotlon alahty-thre«-a of chapter thIrty-alx uf tba fliws of nlnetaan hundred and nine, an-
LAWS OF NEW YORK—By Authority.
CHAP. (>35. AN ACT to amend the military law, In re- ! lation to compensalle.in of retired of¬ ficers.
Became a law'May 23. 191T, with the ap- p.-oval of the (lovernor. I'nssed, three- tlfths Iieing preaent.
The People of the State of New York, represented In Senate and Assembly, do enact as follows:
. Section 1. Section two hundred and nltieteen-a of chapter forty-one of the laws of nineteen hundred and nine en¬ titled "An act In relation lo the mllltla. costlluting chnpter thirtv -six of the cnn- Bolldated laws." ua added by chapter six hunelrcd and nine of tho laws of nlneteeii hundred and sixteen Is hereby amended to read as follows:
5 21^-a. Retired officers: compensallnn. An Iifllcer of the national guard or iiav.nl militia who has been a cninmlssionod of¬ ficer thereof In aciive service for n; lenst twenty-flve year.", and who tins during llf¬ teen consecutive years of such active service Iniiuedlately preceding his rotire- menl received an .'innual comuensatlun from the stale for performing military nr navnl duly and who has hci-n depemleiu on such conuiensatioii for his support .shall rce-eivo aiiiiualiy from the date of his le- tiremenl on reac-liing the age of sixty-four ye.nrs, or upon his own npiilicatlnn. or for jjliysical disaliilily and during the time lie remains on Hie retired lisl sevenf.i-five per centum of Hie .annual coinpensalion paid to him ns aforesaid, at the date of his retirement. If an officer entitled un¬ der this section lo be retired and lo re¬ ceive n per cenlum of his annual compen¬ sallnn dies or within six months prior tn the date this act takes effecl has died ¦while mustered Into the l'nited Stales service and ou duty under a cull of Hie president his widow shall receive from the ,1 .slate annually during hor life niio-half of the amount which her luisbaud vvoul'l have received If be had been retired here¬ under nl the time of his death,
5 '^. This uc-l shall lake effect iinniedi- utdy.
Stale of New York, Offle-e of the Secre¬ tary of Slate, SH- ' I have rcimpnred the preceding with the orlt-inal law on flic in this nrtlc-e. and dn hereby certiry that the same is a correct transcript theierroiii and of the whole nf aald original law
' FKAN'CIS M. Hl'dO,
Secre tary of Stale.
LAWS OF NEW YORK—By Authority.
l'l I AT. USI'.. A-V ACT to re-enact scot ion two of chap¬ ter four hundred and flfty-lvvo of the laws of niiietcoii huneJied and ihlrtocn, entitled "An ad In ri'iieal cliapler (hreu hundred und flfly-llve of the lavv.-i of, nineteen hundred and seven, entitled 'An net to incorporate the l-ong Suull De- velnpinont Coinpauy, and to uuHuirIze said company In constluct and maintain dams, can.ils, pnvve-r-hou.'-os and kicKs al or near I.ong Sault Island, for the I IUI.nse of Improving the navigation nf the Saint l^awroiice rivor and develoii- iiig power from the waters tliereof, and to cnnslruct unci niaintain a bridge, und carry on the manufaciuro of coininoUi- tidJ.' providing for the repaynient In' sudi company of certain mniieys paid by . It under such acl, anei making un up- prnprialion therefor." prnvidlng for the reiiavinent of Ihc'moneys paid to the slale by the Long Sault lie-veliipmenl Company, with the inleresl theremi. re- , apprnprlating certain iiinneya and inak- iiu? an additional uppropriallcui therefi r. "Became a luw .May l'l, UUT, with the up- | proval of the Governor. I'assed by a two- . Ihlids vole.
The People of the St.ite of New York, ' repre-soiileij In Senate anel Assembly, do fiiac-t as follows; .
Seotlon 1. Section two of chapter four hundred and flft>-(vvo nf tbo laws of nine¬ teen humlred and thirteen, ^entlHc-d ".-Xn i act to repeal cliapter three hundred and fifty-live of the laws ofiiiiieteen humlred-- aud seven, entlHed 'An act to inenrporate the Ijemg Sault Development Company, and to uuthoriite said v;oinpaiiy to con- 8truc-l and malnlaln dains. canals, powder- bouses and locks ul or iii'ar I.nng Satflt island, for the purpose of liiipidvlng the navigation of the St. La-A-rence river and , developing imvver from the water thereof. < and to conBtruot and inalnlaln a bridge. ¦ and carry on the manufacture of c-oin- inodltlcs,' providing for t>io repayment to auch compuny of certain mone.v s paid bv it under such acl and making uu uppro- priatlun therefor," la hereby re-enucled to read ds follows;
{ L". The Btate comptmUer Is hereby au- I thorized and directed to cause the repay- ; ment and return to the ]..«.mg Sault Ue- I velopment Company of any and all sums paid by such cuni|>aiiy into the state treas- j ury. under tha provlsiona of sectlun four uf chapter three hundred und flfty-flve uf the laws of nineteen hundred und seven, with Intet^st un said re8p*<-tive aums from tha timea of their aeveral paymenla, upon aecuring proper vouchers therefor: auch moneys to l>e paid out by the state treas¬ urer upon the warrant of the comptroller front tha moneya hereinafter appropriated therefor Such company la continued In aKtstence for the purposes only of recelv- tmm SMtd giving proper vouchers for aald tmoaoyt. making proper distribution or ap- pll«»tlon tbareof tmoog Ita members ur'
other perawaia entitled thereto, and taa | W Whaw ai^lrles of war of the United
winding up of Ita affalra Atatew tn be bi force The articlea ot war
I t. The mfm of thirty-al* thouaaTtd for the gnvammeni of the armiea of tba
thres hundred and twenty dntlsra ({.HI.Kin). l'nited fteates and the articlea for tha gov-
heretofore approprlnted by chapter four ernment of the l'nited Slates navy aa now
hundred and fifty-two of tt»e lawa of nine- or hereafter enacted shsll b« In fori^ at
t*en hundred and thirteen, and re-appro- all tlme^ as to Ihe land and naval forcaa
priated by chapter aeven hundred and eif the atate rv->spectlvely and regarded aa a
twenty-eight of the lawa nf nineteen hun- part of thia chapter ao far as they ara
dred and flfteen, for the repayment of car eonslstent with Ita provlsiona and with
lain moneya paid by aald company Into "he regulatlona now or hereafter Iaauad
the atate treasury under chapter three thereunder. Rut no punlshtoent under
hundred and flfty-flve of the lawa of nine- sueh rules and articles Which ahall et-
teen hundred and aeven. la hereby reap- tend to tha taking of life shall. In an'y
proprialed for the aame purpoaea for caae, l>e inflicted exeept en time of actual
which the aeld appropriation was original¬ ly made, and the further sum of ten thou¬ sand aeven hundred flnd eighty dollnra (110,7*1) la herehy appropriated out of any moneya In the state treasury not other¬ wise appropriated for the purpose of mnk¬ lng payment lO said eomr.any eif Interest due In acixirdnnee with the provisions of said chapter four hundred and fifty-two of the laws of ninefee-n hundred and thlr- tisen.
I 3 Thla aet shall take effee-t Immedi¬ ately.
State of New Vork, Oflice of the Secre¬ tary ot State, ss:
I hnve compared the preceding with the original law on file In thla offlee, and do hereby certify Hint the same Is a correct tranacrlpt therefrom and of the whole of aald original law.
FriA.VtMS M. Hl'OO.
Secretary of State.
LAWS OF NEW YORK—By Autharity.
rllAP KB AN A("'T tn amend the agricultural law-. In relntion lo oleomai-garlne Became a law Mny 24, 1!II7, with the ap¬ provnl of the (lovernor. Passed, three- flfths being present.
The People of the Stute of New York, represented In Bennle atid Assembly, dn enact as fnlhiws:
Sectlem 1. .Section forty-one of chapter nine of the lawa of nineteen hundred and nine, entitled "An act In relation to ag¬ riculture, cciiistltuting chapter one of fhe conBolidatrd Inwa," la hereby amended to read as follows:
I 41. Coloring matter, dairy terma, alse of package, labeling, penalties. No person manufacturing with Intent to sell any sub- atance or nrticle In Imitation or semblance of butter or rheeae not made exclualvely from unadulterated milk or cream or both, with salt or rennet or both and with or without coloring mntter or aage, but Into wtiich any anlmnl, Intestinal or offal fats. or any olla or fats or oleaginous substance of any kind not produced from pure, un¬ adulterated milk or cream, or Into which melted butler, or butter In any condition or state or nny modiflcatlon of the sanie, or lard or tallow shall be Introduced, bIiuII add thereto or combine therewith any un- natto or i-ompouiids of the same, or nny other aubstance or substances whatever, for the purfKise or with the effect of Im¬ parling thereto ,a color resembling yellow, or any shade of yellow butter or ehee-se. nor Introduce any such coloring matter or other substance Into any of the articles of which the same la composed. And no person maiiufadiuring. selling or ofTerliig for pale nn.v such goods shall make or sell them unebr nny brand, device or label bearing wnids indicative of cows or Hie product of the dairy or the names of bre«'ds of ecivvs or cattle, nor uso terms in¬ dicative of pvoci'sses in Ihe dairy In mnk- ins or preparinT butler: no such Kuh.alHiire shall hereirtter be sold. ofTered or exposed for sab- in liiis slale excciit it be sold in packages cntitalning not more than live pounds, such ii:ick:ii,'cs (o tie wrapped and sealed, tho nri,i,'lnal se;il of which shall be unbroken and upon vilii'-h seal sliall be plainly iirinted the name and address cif the manufacturer of .'^lid oleomargarine, and the said packages shall he pl;\inly and conspicuously labeled ^vlth the word "oleo, m.-irg,'irlne" in Cotliic or eciually conspicu¬ ous letters al least tliree-eighths of an inch high. The word "oleomargarine" In large prominent leKers sluill be stamped by indentation on each separate brick or portion of the substance itaelf before 11 Is , -wrapped and sealed.
Any person violating nny of the pro- ' visions of sectlonn forty or fcu-ty-one of the agi-icullural law shall forfeit and puy , a i>«nalty to the people of the atate of New York of not les.s than flfly dollars, nor iiiore than one hundred dollars for the flrst violatinn and not less lliaii two hun¬ dred dnllars nor more than five hundiod dollars for the second and each subse¬ quent violatinn, Wlioever hy himself o- another violates any of the provisions of sec-tl ns forty or forly-niie of the ar 1- cultural law shall he Kullty of a misds i nieaneir and upon coiivldlon shall bo pun¬ ished hy a flne of not less than one hun- ; elrod dollars nnl more that flve hundreil doll.i,rs nr by Imprisonment of not tettt .flKin one month uor more than one ve.'lr ; nr by both such fine and Imprisonment for ' the llr.st ofTcnSe and by not less than six -.nontlis nor more than one yoar for llie second offen.se.
!l 2. Tills act shull take effect Imniedi- alely. '
Stato of Now York, Office of the Secre , tary of State, ss: !
I have compared the preceding with the original law on flie In this oflU-e, and do hereby certify that the siiiiie Is a correci transcript therefrom and eif the whole of eaid original law.
FRANCIS M. TirC.O,
Secretary of Slate
LAWS OF NEW YORK—By Authority,
ClIAf. i;.19. AN' .\CT authorizing the ri-instatement of Arthur K. Weiiige, late captain in the fourteenth Infantry, New York state na¬ tional guard.
Hecame a law May 24, 1917, with the aP- i prc-ival of the (jnvernor. Passed, lliree- liftliA being preaenl. 1
The People of the Slale of New York, repre.eienled in Senate and Assembly, do , enac-t as follows;
Seitinn 1. The governor Is hereby au¬ thorized to reinstate Captain Arthur K. VVenlge, formerly of the fourteenth iii- faiitrv of the New York state national, suard, whose reslgnatjoii was accepted and discharge ordered on ^faI-ch twelfth, I nineteen hundred and twelve, with the .«anie r.lpk und grade as he had atiuined prior to tho acceptance of his resignalion, | and to pluce Arthur K. Wenige on the re¬ serve liat on the nationul t^^uard aa uf that date,
; 2. Thla act shall take effect Imtnedl- : ntely.
Slate of New York, Offlce of the Secre- : tury of State, ss:
I have compared the preceding with the original luw un flie In thia offlc'«, und do hereby certify that the same is a correci truiiscrifit therefrom and of the whole of said original "law
FHANCia M IH'GO, * Secrotary of Slate
LAWS OF NEW YORK—By Authority,
CHAP. t>44. A.V ACT to anumd the military law-. In
relation to the organizatiou, administra
Hon and government of the mlllliu and
national guard. ;
Became a law May 24, 1917, with the ap- ' proval uf the Qovernor. Paaaed, three- ! Ifths being present.
The People of the Btate of New Yurk, ; represented In Senate and Assembly, do enact as fellows: j
Section 1 Section une of chapter forty- one of the laws of nineteen hundred snd ! nine, entitlad ".\n aet In relation to the ! mllltla, constituting ehapter thirty-six of j the conpolldated laws," Is hereby amend- : ed to read as (Villows:
I 1. Persons subject to military duty: | exemptions. The mllltla of the state shall ' coiisiet of that part of the mllltla of tba I United States reaident within tbe aUts
I t. Section thirteen of said chapter ta §ar«by ameadad to raad aa followa: |
war. Invasion, or Insurrection, declared by proclamation of the governor to exist, and then onlv after the approval by the governor of the sentence Inflicting auch punishment. Imprisonment other than In Itunrd houae ahall be executed In Jaila or prisons designated by the governor for the purpose
I 3. Section aixteen of snid chapter aa amended by chapter two hiindt^ and ; fortf of the laws of nineteen hiindiej and. nina and by chnpter three hundred and seveniy-thiee of the lawa of nineteen hun¬ dred and nine Is hereby further amended to rend ae follows:
I lti. The adjiitniilgenernl of the state. There ahall be an adjutant-general of tha state who shall be Apiiointed by tho governor and shnll hnve the rank of brigadier-genernl. lie shall hold offlce at the plea.sure cf the governor and hla com- mlaslon ahall expire with the term for which the governor appointing him ahall havo been elected He ahnll perform tbe dutlea preaerlbed for lilm In thla chapter and In the regulatlona now or hereafter Issued thereunder and in the statutes uf the I'nited Statea now or hereafter enact¬ ed and auch dutlea aa pertain tu the duties I of the chiefs of stnff departments.
1. He shall superintend the preparation ' of all returns and reports required by the
t'nited States from the atate
2. ile Bhall keep a register of all the offi¬ cers of tbe land and naval forcea of the atate. and keep In his offlce all recorda and papera required to be kept and flled there¬ in, and make a report on or befor^ tha thlrty-flrat day of December In each year, to the governor. Including a detailed Btatement of all the expendllurea for mili¬ tary and naval purpeiaea during that year
8. lie Bhall, at the expense of the atate. when neceaaary, cauae the military and naval law, the general regulatlona of the state and articlea of war of the United Statea, to be printed. Indexed and bound In proper and compact form and dletrlbut- ed to tbe commissioned offlcers, sheriffs, clerks of boarda of supervlBora and county treasurers of thia stale at the rate of one copy to each; nnd to each commlasioneil officer and headquartera he shall Issue one copy of the necessary text-booka and of such annual reports concerning the mllltla as the governor may direct.
4. He shall cause to be prepared and Is¬ aued all necea^tiry blank booka, blanks, ' forma and nolicea required to carry into full effecl the provisions of thla chapter. All sucli books and blanks shall be and remain the property of tho state.
6. He shall attend to the aafe-keeplng and repairing cf the ordnance, anna, ac¬ coutrements, equipments and all other mililary und naval property, belonging to tho state or issued to it by the l'nited Statea. All military and naval property of the slale which after a proper Inspec¬ tion shull be found unsuitable for the use of the stato sliali under tho direction of the governor be disposed of by the adju* tant-ge-iii i-al of tbe stale at public- auction after suitable advertiKcnient of the sale daily for ten days In al lea.st one news¬ paper published In the EInglish lunguago in the city or count.v'where the sale la to talcfe place: or the same may bo sold at private sale when so ordered by the gov¬ ernor. He shall bid In the properly of suspend fhe rale whenever In his opinion betti-r prices may or should be oblaineil. All parts of uniforms before being ofl"cr- eil for sale sh.ill bo so mutilated thnt thoy cannot be again naed tts uniforms. He shall from lime to lime render a Just and iriie account of tho sales made by him to the governor and shall expend the pro¬ ceeds of the same In the purchase of other military or naval property as the gover¬ nor mny direct.
6. He shafl keep a Just and true nc¬ count of ull expenses necessarily Incurred, including pay of offlcers and enlisted mon, allowances to officers and organizations, pensions and any other moneys required to be disbursed by him and tArough his offlce. .Indiiding subsistence of the mllltla. transportation of the mllltla and of all military and naval property of tho state nr of the tTnifed States, nncl Htich ex¬ penses shall be uiidited and paid in tbe same manner ns other military and naval uccoiints are audited and paid.
"7. He shall Issue such military and nnval property as the governor shall di¬ rect .ind under his direction make pur¬ chases for tlmt purpose. No mililary or naval property shall be issued to person.-) — or organPiiilions other tlian those belong¬ ing to the active mllltla. e^ce¦ept to sm h portions of the reserve militia as may b" called nut by the governor. Purchases of property not exei-ecllng one hundred dol¬ lais In value shall be made in such man¬ ner ns the ndjutant-gencral of the stato shall direct. If surh purchase reciuires an expenditure exceeding one hundred and not exceeding flvo hundrod dollars the a'l julant-general of (he atate shall procure written pmposal.s to furnl.'^h such properly frntn al least two parties and shall pur¬ chase such properly from the lowest re- sponsihle bidder. If such purchase shall require the expindltiire of a sum exceed¬ ing tlve hundred doilnrs he shall publicly advertise, for not less than ten day^, for sealed pi-nposals for furnishing such prop¬ erty; such pr,'iposals phall be public Iv openeil by the adjutani-general of tho state at the place, day and hour dealgiiflt- ed In such advoitlsement. The adjutant- general of tho slate shall. If the governor approve, hiake contract with the lowest responsible bidder to furnish such prop¬ erty. All prcipcisala and c-oiitraclH made under llio authority hereby conferred shall be filed In tlie ofilce of the adjulant-gen- eral of the slate. The adjutant-general of tlie state is aulliyrizcd and directed whon-" tver, in Ills opinion. It Blmll be to the In¬ terest of thu slale, to require a party who shall agree or cnntruct to furnish audi properly to give bond to the |>eople of this stute 111 such sum nnd with audi sure¬ ty as ho MaMill direct, conditioned fur the fuiliiful perluimunce uf such ugreenieiit or contract III case of default such bund Kliall be prosecuted by the ultorney- generai and ull moneys recovered shull bu uiqiliod by tho adjutunl-goiierul of the state tu tho benefit uf the na¬ tional guard. All property, purchased un¬ der the authority hereby granted, shall be liispooted by un Inspect'ir or an oflicer detailed for that purpose by thu inajor- general or the commanding officer uf the naval mllltla, und no puyiiifitnl shall be- made tbeiefnr until It shall appear by the certificate of such otncer that such prop¬ erty la uf the kind und quality S|>eclflcd In suoh agreement or contract. In cuse of In- nurrectioii. Invaalon, tumult, riot, breaches of the peace or Imminent danger thereof, the governur may, upon the certificate of the niujor-generui er the commanding Ofll cer of the naval mllltla, temporarily sus¬ pend the operation of this paragraph and direct the adjutant-general of the atate to aurchaae such military and naval prup¬ erty ua may be required in open market. He ehall report aucb action with the rea¬ aona therefor, and a statement of tha property purchased and the prices paid therefor to the legislature at Its naxt aaa- aion.
8. The adjutant-genenal of the slate upon the approval of the governor may aell to olBceis of the active mllltla for their offlciai use and to organhuttlena or ' units of the active mllltla any military or tuival property which Is an artluei uf la¬ aue by the stats at Its oust price. Suek sale shall be for cash or If to aa organl- iatloB or unit tba price maiy be ebarye^
