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to executive officers, constituting chapter eighteen of the consolidated laws," as amended by chapter three hundred and fiftynine of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

§ 67. Deputy attorney-general to act as special district attorney. Whenever the governor shall advise the attorney-general that he has reason to doubt whether in any county the law relating to crimes against the elective franchise is properly enforced, the attorney-general shall require from the district attorney of such county, and it shall be the duty of such district attorney forthwith to make to the attorney-general a report of all prosecutions and complaints within his county during the year then last past for offenses under the election law and article seventy-four of the penal law and of the action had thereon. The attorney-general shall assign one or more of his deputies to take charge of prosecutions under the election law and article seventy-four of the penal law. Such deputy shall represent the people of this state in all such prosecutions before all magistrates and in all courts and before any grand jury having cognizance thereof. The deputies so assigned shall be appointed pursuant to section sixty-one of this chapter. They may be especially appointed thereunder for the purpose of such assignment and for the performance of the duties herein described. Whenever the attorney-general shall advise the governor that there is occasion for an extraordinary term in any such county to inquire into and try cases arising under said article seventy-four of the penal law, the governor may appoint an extraordinary term of the supreme court to be constituted and held for the trial of criminal cases in such county, pursuant to section one bundred and fifty-three of the judiciary law. Grand and petit juries shall be drawn and summoned for said term in the manner provided by law, and such cases shall be brought before such inquest and court as the attorney-general shall direct. All the provisions of sections sixty-two and sixty-five of this chapter shall apply to such extraordinary term. It shall be the duty of the district attorney of the county, and of the assistants, clerks and employees in his office, and of all police authorities, officers and men within any such county, to render to the attorney-general and his deputy, whenever requested, all aid and assistance within their power in such prosecutions and in the conduct of such

The jurisdiction conferred upon the attorney-general herein to prosecute crimes, is concurrent in each county with that of the district attorney; but whichever of such officers shall first assume jurisdiction of a particular offense shall have exclusive jurisdiction to prosecute for the same unless or until the gov. ernor shall, by written order filed with both such officers, give such jurisdiction to the other.

§ 2. This act shall take effect immediately.

cases.

1 References to former state superintendent of elections, omitted.

CHAPTER 127

ch. 48, 8 57

added.

AN ACT to amend the farms and markets law, in relation to licensing of

persons making milk-fat tests. Became a law March 16, 1925, 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 fifty-seven of chapter forty-eight of the 4. 1922, laws of nineteen hundred and twenty-two, entitled An act in relation to farms and markets, constituting chapter Sixty-nine repealed ; of the consolidated laws," is hereby repealed and a new section, 57 to be section fifty-seven, added, to read as follows:

§ 57. Licensing of persons making milk-fat tests. No person shall test milk or cream by the Babcock or other volumetric method, for the purpose of determining the amount of milk-fat contained therein, where the result of such test is used as a basis for payment for such milk or cream, or for official inspection, or for public record, unless licensed by the commissioner. Application for a license shall be made upon a form prescribed by the commissioner. The applicant shall furnish satisfactory evidence of good moral character and shall demonstrate his ability to make such tests by an examination under the direction of the commissioner. The applicant shall pay a license fee of two dollars to the commissioner for remittance to the state treasurer. A license shall be for a period not exceeding five years. A license may be renewed, in the discretion of the commissioner, without an examination, for successive periods of not exceeding five years each upon pay. ment of a license fee of one dollar to the commissioner for remittance to the state treasurer.

Each license shall be kept at the place where the licensee is engaged in testing milk and shall be open to inspection.

A license may be revoked by the commissioner, after a hearing upon due notice to the licensee, for dishonesty, incompetency, inaccuracy or a violation of the provisions of this article.

§ 2. This act shall take effect immediately.

CHAPTER 128
AN ACT to amend the insurance law, in relation to limitation of expenses

of life insurance companies.
Became a law March 16, 1925, 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 ten of section ninety-seven of chapter L. 1909, thirty-three of the laws of nineteen hundred and nine, entitled "An 197, act in relation to insurance corporations, constituting chapter subendea twenty-eight of the consolidated laws,” such şubdivision having

When limitations not

been last amended by chapter two hundred and nine of the laws of nineteen hundred and twenty-three,” is hereby amended to read as follows:

Subdivision 10. This section shall not apply to expenses made applicable. or incurred in the business of industrial insurance nor, except as

to the limitation of expenses for the first year of insurance and as to compensation of and loans and advances to agents or solicitors, to stock corporations issuing or delivering in this state and representing themselves as issuing or delivering in this state non-participating policies exclusively; ?provided that if a company issues or delivers in this state both participating and non-participating policies and if the superintendent of insurance after examination of the methods of accounting of such company finds that its expenses are allocated to each of such kinds of business in a fair and equitable manner, this section shall apply as follows: the participating business of such company shall then be subject to such provisions of this section as apply to companies issuing or delivering in this state participating policies exclusively, and the non-participatbusiness of such company shall be subject to such provisions of this section as apply to companies issuing or delivering in this state non-participating policies exclusively.

§ 2. This act shall take effect immediately.

CHAPTER 129

§ 469a added to L. 1909, ch. 63.

AN ACT to amend the town law, in relation to compensation of the town

superintendent of highways of certain towns. Became a law March 16, 1925, 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. Article twenty-four of chapter Sixty-three of the laws of nineteen hundred and nine, entitled “An act relating to towns, constituting chapter sixty-two of the consolidated laws,” is bereby amended by adding a new section, to be section four hundred and sixty-nine-a, to read as follows:

§ 469-a. Compensation of town superintendent of highways. Said board shall, notwithstanding the provisions of any general or special law, fix the compensation of the town superintendent of highways at a sum which in the opinion of the board will properly compensate him for the services rendered, which shall be a town charge. Such town superintendent shall be paid the actual and necessary expenses incurred by him in the performance of his duties. Such compensation and expenses may be paid by the supervisor monthly, in advance of audit from moneys levied and collected for such purpose, on accounts duly verified in the same

1 Previously amended by L. 1909, ch, 301; L. 1910, ch. 697; L. 1913, ch. 304; L. 1914, ch. 103; L 1915, ch. 617; L. 1916, ch. 120; L. 1921, ch. 287.

% Remainder of subd. 10 new,

manner as town accounts are required by law to be verified. Such accounts for compensation and expenses shall be subject to audit by such board at its meeting held annually for the audit of accounts of town officers, and the balance due, as finally audited by the board, shall be paid by the supervisor to such town superintendent from funds available therefor.

§ 2. This act shall take effect immediately.

CHAPTER 130
AN ACT to amend the town law, in relation to compensation of employees

of certain towns.
Became a law March 16, 1925, 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 four hundred and sixty-eight of chapter sixty- L. 1908, three of the laws of nineteen hundred and nine, entitled “An act § 468 relating to towns, constituting chapter sixty-two of the consoli- amended. dated laws,'' as amended by chapter five hundred and eleven of the laws of nineteen hundred and nine, is hereby amended to read as follows:

§ 468. Engineer and surveyor. Said board may employ a competent civil engineer and surveyor, who shall, under its general direction and control, have immediate supervision of all public works within said town. Such board may fix the fees or compensation of such civil engineer at a sum which in the opinion of the board will properly compensate him for the services rendered, which shall be a town charge.

§ 2. Section four hundred and sixty-nine of such chapter is $ 469 hereby repealed.

§ 3. Section four hundred and seventy of such chapter, as $470 amended by chapter five hundred and eleven of the laws of nineteen hundred and nine, is hereby amended to read as follows:

§ 470. Counsel may be employed. Said board may employ an attorney and counselor-at-law to counsel and assist it in the discharge of its official duties and to give it such professional services as it may require in conducting or defending any actions or legal proceedings. 'He shall be entitled to receive a reasonable compensation for his services to be fixed by the town board, which shall be a town charge.

§ 4. This act shall take effect immediately.

repealed.

amended.

1 Following sentence new.

2 Following sentence substituted for words which read: ; but his fees and compensation in any one year, exclusive of costs which he may recover, shall not aggregate to exceed two thousand dollars."

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AN ACT to amend the farms and markets law, in relation to commercial

fertilizers.
Became a law March 16, 1925, 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:

L. 1922, ch. 48, 8 147 amended,

Section 1. Section one hundred and forty-seven of chapter fortyeight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to farms and markets, constituting chapter sixtynine of the consolidated laws,” is hereby amended to read as follows:

§ 147. Commissioner to take samples for analysis; analysis to be made by director of experiment station. The commissioner shall at least once in each year transmit to the New York agricultural experiment station for analysis samples, to be taken in the manner hereinafter prescribed, of the different brands of commercial fertilizers and materials to be used as fertilizers which are or may be sold, offered or exposed for sale in this state. The said commissioner or his duly authorized representatives in taking samples shall take them in duplicate in the presence of at least one witness and in the presence of such witness shall seal such samples and shall send both such samples to the New York agricultural experiment station, one of which samples shall be analyzed by the director of said station. The other sample shall be held at the New York agricultural experiment station, subject to the order of the person from whom the sample was taken, for period of

year. When samples are taken from fertilizers in bags, a tube shall be used and it shall be inserted at end of the bag and shall pass substantially the entire length of the bag, so as to take a core of the material being sampled from substantially the entire length of the bag. Samples thus taken from individual bags shall be thoroughly mixed and the official samples be taken from the mixture so drawn. Samples of fertilizer taken as herein provided shall be taken from at least five per centum of the separate packages in the lot for the mixture from which the official samples shall be taken. No action shall be maintained for a violation of the provisions of this article based upon an analysis of samples taken otherwise than as herein provided taken

from less than five separate packages. The director of said experiment station may continue to employ chemists and incur such expenses as may be necessary to comply with the requirements of this article. The results of the analyses shall be reported by the director to the commissioner and shall be published in reports or bulletins from time to time. Such reports or bulletins shall contain a statement in relation to ground lime

a

one

one

or

1 Section materially amended.

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