$295, as amended by 841, and L. repealed; new in this section. It may revoke any license of an undertaker or embalmer upon proof that the same was procured by fraud or that the holder thereof has been "convicted of a felony or has violated any of the provisions of the public health law, the general rules and regulations promulgated by the state commissioner of health, the rules and regulations of the state board of embalming examiners, the sanitary code established by the public health council of the state of New York or of any statute relating to undertaking or embalming or vital statistics, which now is or may be enacted, promulgated or established. § 3. Section two hundred and ninety-five of such chapter, as 1911 amended by chapter eight hundred and forty-one of the laws of 1913, ch. 71, nineteen hundred and eleven and chapter seventy-one of the laws 295 added. of nineteen hundred and thirteen, is hereby repealed; and such chapter is hereby amended by inserting therein in place of such repealed section a new section two hundred and ninety-five, to read as follows: 295. Undertakers; examinations and licenses. 1. After this section takes effect, no person, except as otherwise provided in this section, shall engage in the business or practice of undertaking without a license either provided for or mentioned in this section or provided for in section two hundred and ninety-six. 2. Any person who, at the time this section takes effect, shall be actually engaged in the business and practice of undertaking and is desirous of continuing therein shall be entitled to a license therefor, without examination, by filing with the board on or before September first, nineteen hundred and seventeen, a written verified application stating therein the fact of his having been so engaged and accompanying the same with the payment of a fee of ten dollars. 3. The holder of any license issued under any former provision of this chapter or by authority of any other law, for engag ing in the business or practice of undertaker, shall not be required to obtain any other license therefor. 4. Applicants for undertakers' licenses whose examinations were pending on October twenty-fourth, nineteen hundred and sixteen, upon successfully passing such examination, shall be licensed to engage in the business and practice of undertaking upon the payment of a license fee of five dollars. 5 Words "of an undertaker or embalmer," new. Remainder of section formerly read: "guilty of a violation of any of such statutes and regulations." 5. Any other person desiring to engage in the business and practice of undertaking shall make a written application to the board of examination for an undertaker's license. The application shall be accompanied with the certificate of two reputable persons, not related to the applicant, that the applicant is over twenty-one years of age, is of good moral character and has at least a common school education. The application shall also be accompanied with the payment of a fee of five dollars. The secretary of the board shall issue to the applicant a permit to enter any examination for the license provided for in this subdivision. Upon the applicant's passing a satisfactory examination in sanitation, disinfection, preparation and care of human dead bodies for burial or transportation, and in the laws and health regulations applicable to the care, interment and cremation of the dead, the board shall issue to said applicant, on payment of a further fee of ten dollars, a license to engage in the business and practice of undertaking. 6. If a firm or corporation shall desire to engage in the business or practice of undertaking at least one member of such firm and the manager of each place of business conducted by a corporation shall be a licensed undertaker; and no member of a firm whose duties engage him in the care, preparation, disposal and burial of dead human bodies shall discharge the duties of his employment unless he shall be licensed in accordance with the provisions of this article. 7. The provisions of this section shall not be construed to prohibit any person from engaging in the business or practice of undertaking, who complied with former provisions of this section relating thereto or with chapter four hundred and ninety-eight of the laws of nineteen hundred and four, as amended by chapter five hundred and seventy-two of the laws of nineteen hundred and five, or by chapter eight hundred and forty-one of the laws of nineteen hundred and eleven, or chapter seventy-one of the laws of nineteen hundred and thirteen. § 4. Section two hundred and ninety-seven of such chapter is § 297 rehereby repealed. pealed. added by § 5. Section two hundred and ninety-nine of such chapter, as § 299, as 'Section 299 formerly read: "Violations of article. Any person violating ch. 841, amended. L. 1909, ch. 30, added by in the business or practice of embalming or undertaking in violation of any provision of this article shall be liable to a penalty of one hundred dollars and shall also be guilty of a misdemeanor. Each day during which or any part of which any such prohibited business or practice is continued shall be deemed a separate violation. One or more penalties for one or more violations by the same person within any period of time may be sued for and recovered. § 6. This act shall take effect immediately. Chap. 231. AN ACT to amend the highway law, in relation to county aid for town highways. Became a law April 20, 1917, 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 three hundred and twenty-a of chapter thirty $320, as of the laws of nineteen hundred and nine, entitled "An act relatL. 1914, ch. ing to highways, constituting chapter twenty-five of the consoliamended by dated laws," as added by chapter sixty-one of the laws of ninech. 556 and teen hundred and fourteen and amended by chapter five hundred 61, and by L. 1915, L. 1916, ch. 458, amended. and fifty-six of the laws of nineteen hundred and fifteen and chapter four hundred and fifty-eight of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:1 § 320-a. County aid for construction, improvement and maintenance of town highways. The board of supervisors of a county may aid a town or towns in the construction or improvement of a highway or highways therein, and shall designate the highway or highways which the town or towns are to construct or improve by the aid of the county. Such county may prepare a map of the system of highways thus to be improved in that county. The board may by resolution direct the county superintendent to supervise the preparation of grade and culvert work of a road so designated by said map for improvement, by the town superintendent of the town in which such improvement shall be made, and upon the completion thereof by the town, and the county superintendent's certification that the road is so prepared and the town is equipped with sufficient machinery to properly per1 Section materially amended. form the work, such machinery to be furnished by the town and The employment of convict labor on roads so constructed shall be authorized and permitted, in the discretion of the superintendent of state prisons, upon the requisition of the county superintendent of highways. The board of supervisors of Erie county shall have power, if they deem it proper, to employ convicts, sentenced to be confined in a penitentiary situate within the territorial limits of such county and liable to be employed at hard labor, upon any highway or work connected therewith within such county, and such board of supervisors shall have power to make all necessary appointments, rules and regulations for such employment within such county, including the right to fix a per diem compensation for such employment at a rate not to exceed ten cents. The highway officials of the county under this section shall consist of the county superintendent, three members of the board, appointed by the chairman. The supervisor of the town in which a road is being improved shall be a member of the said committee on all questions involving the work in the town of which he is the supervisor. Unless the advice and direction of the highway officials shall be followed in the prosecution of the work, no liability therefor shall accrue to the county for its share of the cost of work. Upon ordering the construction of an improved road under this section, the board of supervisors shall, by resolution, determine the proportions thereof to be borne by the county and town or towns respectively. The part, if any, to be borne by a town, as shown by such determination, shall be a town charge, and the residue shall be a county charge. The amounts to be borne by * So in original. 893 the county shall be provided for by a tax, to be levied upon the taxable property of the county and collected in the same manner as for other county charges and shall be paid into the county treasury. The amount thereof to be borne by the town shall, by resolution of the town board, be paid from any funds in such town that may be legally used for highway purposes. The board of supervisors may, in its discretion, appropriate and make immediately available from county funds either the whole of the moneys to complete the construction of such road or the part thereof to be provided by the county. If it shall determine that sufficient moneys are not available to pay the amount appropriated, or a specified part thereof, after defraying other county expenses, it may direct the county treasurer to borrow the same, in anticipation of taxes or of the proceeds of bonds to be issued as hereinafter provided, and to pledge the faith and credit of the county for the payment of the amount when due, with interest, and issue temporary certificates of indebtedness therefor. The board may, by resolution, authorize the issuance and sale of bonds of the county for the amount appropriated or for any part thereof, which may be the whole of such additional amount needed for the completion of such improvement or the county's share thereof or a part of such share. The proceeds of such bonds shall be paid into the county treasury and applied to the cost of such improvement or to the payment and redemption of certificates of indebtedness, if any, issued as above provided. Upon petition of the town board of a town in which any part of the improved road is located, the board of supervisors may, by resolution, authorize the town to borrow a sufficient sum, to be specified in the resolution, for paying its share of such improvement, not exceeding the estimate above provided for of the town's share of the amount needed for completing an improvement which shall have been ordered by the board of supervisors. Town bonds may be issued and sold by the supervisor, in the name of the town, for the amount so authorized. The proceeds thereof shall be paid into the county treasury and be a part of the fund to be applied to the cost of such improvement within the town or to the payment and redemption of county bonds, if any, issued to pay the share of such town. County or town bonds issued under the foregoing provisions shall be payable not more than thirty years from their date and shall be sold for not less than par. The board of supervisors shall, from time to time, impose upon the taxable property of the county a tax sufficient to pay at maturity |