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dollars, a license to engage in the business and practice of undertaking.

amended.

§ 17. Section two hundred and ninety-six of such chapter, as 296 last amended by chapter seventy-one of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:

§ 296. Reciprocal licenses; license not assignable. Any holder of a license issued by state authority in any other state maintaining a system and standard of examination for licenses to engage in the business of undertaking or of the practice of embalming which in the judgment of the state commissioner of health shall be substantially equivalent to those required in this state for the issue of licenses therefor, may obtain a license from the state department of health under the provisions of this article without examination, in the discretion of the state commissioner of health, upon payment of the application and license fees provided for herein. A copy of any license issued by said commissioner or of any rules, regulations, application or other records or files of said department duly certified as correct by the state commissioner of health shall be entitled to be admitted in evidence in any of the courts of this state, and shall be presumptive evidence as to the facts therein contained. Every person licensed pursuant to the provisions of this article shall register that fact in the office of the board of health of the city, town or place in which it is proposed to carry on said business, and shall display such license in a conspicuous place in the office or place of business of such licensee. No license granted or issued by said commissioner shall be assignable, and every such license shall specify by name the person to whom it shall be issued, and not more than one person shall practice embalming under one license. This section shall not apply to any personal representative of any deceased undertaker to whom a license shall have been issued under this article, who engages in the business of undertaking and embalming with a person duly authorized to practice the same under the provisions of this article.

§ 18. Such chapter is hereby amended by adding a new article, Art. 18 to be article eighteen, to read as follows:

ARTICLE 18

STATE INSTITUTE FOR THE STUDY OF MALIGNANT DISEASES

Section 344. Institute continued.

345. Board of visitors.

346. Investigations and treatment.

347. Administration of gifts and trusts.

348. Director.

§ 344. Institute continued. The state institute for the study of malignant diseases is continued under the management and control of the department of health.

§ 345. Board of visitors. There shall continue to be a board of visitors of such institute consisting of the commissioner of health,

(§§ 344348)

added.

and six members who shall be appointed by and may be removed at the pleasure of the governor. The members of such board; shall serve without compensation. The board of trustees of such institute shall hereafter be and be known as the board of visitors thereof. The present trustees of such institute, sball constitute the board of visitors thereof and shall hold office until their successors are appointed and have qualified. Such board of visitors, from time to time, shall visit and inspeet, such institute. The board shall meet quarterly, and shall hold an annual meeting in November to consider the affairs of the institute and to prepare, for transmission to the commissioner of health. its report of the work of the institute, for the preceding year. The board of visitors may meet at any time on call of the chairman, and shall be allowed their necessary traveling expenses in attending the fixed meeting or any special meetings. At least two of the members of the board of visitors shall be residents of the city of Buffalo or vicinity, and one of them shall be a member of the medical faculty or of the council of the University of Buffalo.,

§ 346. Investigations and treatment. The institute shall conduct investigations of the cause, mortality rate, treatment, prevention and cure of cancer and allied diseases. There may be received free of charge in its hospital for study, experimental or other treatment, cases of cancer and allied diseases. The commissioner of health shall publish from time to time the result of its investigations for the benefit of humanity and, he shall, from time to time collate its publications in a scientific report for distribution to scientific bodies and to medical scientists and qualified, members of the medical profession. The direction of research work in whole or in part toward malignant diseases other than cancer shall not be a violation of the conditions of the grants made pursuant to the provisions of chapter one hundred and twenty-eight of the laws of nineteen hundred and eleven.

§ 347. Administration of gifts and trusts. The commissioner of health as the successor of the board of trustees of such institute shall execute and administer any gift, transfer or trust heretofore made to or for the benefit of such institute and may receive gifts, legacies and bequests, and use the same for the advancement of the objects and purposes of the institute.

§348. Director. There shall be a director of the institute who shall be appointed by the commissioner of health with the approval of the board of visitors. In case of disagreement, such director shall be appointed by the governor. The director shall be a trained scientist and shall be in the competitive class of the civil service. The director shall be the executive officer of such institute and be in immediate charge of its work, subject, to the supervision and control of the commissioner of health. He shall appoint and remove all members of the staff, and, all other employees of the institute, subject to the approval of the commissioner of health. He shall annually in the month of December, report to the commissioner of health as to his proceedings and the affairs of the institute for the calendar year ending with the pre

(

ceding thirty-first day of October. There may be furnished at cost to any member of the staff radium emanation, when not required for research purposes of the institution, for the treatment of private patients, under rules to be prescribed by the commissioner. § 19. Article nineteen of the public health law, as added by Art. 19. chapter six hundred and forty-one of the laws of nineteen hundred $348, and twenty-three, as amended, is hereby repealed.""

349)

repealed.

tion of

§ 20. The organization of the existing state department of health Organizais continued as the organization of the department of health, except department. as provided by this act and as may be changed pursuant to law.

ch. 343,

§ 21. Section three hundred and forty of chapter three hun- L. 1926, dred and forty-three of the laws of nineteen hundred and twenty- $340 six, entitled "An act providing for the civil departments in the amended. state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," as added by chapter three hundred and forty-nine of the laws of nineteen hundred and twenty-six, is hereby amended to read as follows: § 340. Department of health. There shall be in the state government a department of health.

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345, 347

§ 22. Sections three hundred and forty-two, three hundred and $$ 342forty-three, three hundred and forty-four, three hundred and repealed. forty-five and three hundred and forty-seven of such chapter, as added by chapter three hundred and forty-nine of the laws of nineteen hundred and twenty-six, are hereby repealed. § 23. This act shall take effect immediately.

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AN ACT to amend the village law, in relation to the annexation to a village of the first class of territory owned by it in an adjoining village, acquired for water supply purposes. a

Became a law February 24, 1927, 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:

added to

Section 1. Chapter sixty-four of the laws of nineteen hundred 348b and nine, entitled "An act relating to villages, constituting 1. 1909, chapter sixty-four of the consolidated laws," is hereby amended by ca. 64. adding thereto after section three hundred and forty-eight-a, a new section to be section three hundred and forty-eight-b, to read as follows:

§ 348-b. Annexation to a village of the first class of territory owned by it in an adjoining village, acquired for water supply purposes. If a village of the first class be the owner of uninhabited territory adjoining its boundaries and located in an adjoining village, not exceeding two acres, which shall have been acquired for, water supply purposes, such territory may be annexed to the village owning it if two-thirds of the members of the board of trustees of such adjoining village consent thereto, notwith

84

L. 1909,

ch. 37. 8 14 amended,

standing the provisions of section three hundred and forty-eight, Such consent shall be in duplicate and shall be acknowledged in the same manner as a deed to be recorded and shall be filed in the office of the clerk of each village. Upon the filing of such consent as herein provided, the board of trustees of the village owning such territory may adopt a resolution annexing such territory. Outline maps and descriptions of the village as extended hereunder, and of the adjoining village as diminished by such annexation, shall then be filed in the office of the department of state, by the clerk of the village to which the village is annexed, the expense of preparing which shall be borne by the latter village. Such maps shall plainly show and describe the territory affected. Such annexation shall take effect upon the receipt by the clerk of the village to which such territory is annexed of the certificate of the secretary of state, under the seal of such department, certifying that there have been received and placed on file in the office of such department outline maps and descriptions of the corporate limits of such villages, as so extended and diminished, respectively, together with the date of filing the same in such office. The date of filing of such outline maps and descriptions, as shown by the certificate of the secretary of state, shall be deemed the date of the annexation of such territory. A certificate, containing a description of the territory annexed shall, within ten days after the adoption of the resolution herein provided for, be filed by the clerk of the village to which the territory is annexed, in the office of the clerk of such adjoining village and in the office of the clerk of the town and of the county in which such annexed territory is situated. Territory so excluded from a village under the provisions of this section shall not be relieved from paying its proportionate share of any liability or indebtedness incurred by such village while such territory was a part thereof, and until such liability is discharged, or such indebtedness paid, the proportionate share to which such territory would be liable if it had not been excluded shall be levied upon, assessed and collected from such territory by the proper officers of such adjoining village, in the same manner as if such territory had not been excluded therefrom. § 2. This act shall take effect immediately.

1

CHAPTER 50

AN ACT to amend the legislative law, in relation to the undertakings of financial clerks

Became a law February 24, 1927, 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 fourteen of chapter thirty-seven of the laws of nineteen hundred and nine, entitled "An act in relation to

legislation, constituting chapter thirty-two of the consolidated laws," is hereby amended to read as follows:

§ 14. Undertaking of financial clerks of each house. The financial clerk and the assistant financial clerk of each house before entering upon the duties of their office, shall each1 execute an official undertaking in the sum of ten thousand dollars.

§ 2. This act shall take effect immediately.

CHAPTER 51

AN ACT reappropriating an unexpended balance for the maintenance and repair of improved state and county highways

Became a law February 25, 1927, 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. The sum of two hundred and four thousand six hundred seventy-seven ($204,677.00) dollars, being the unexpended balance of the appropriation made by chapter twenty-three of the laws of nineteen hundred twenty-five, to be expended in the maintenance and reconstruction of improved state and county highways, in accordance with the provisions of chapter thirty of the laws of nineteen hundred nine as amended, being the highway law, is hereby reappropriated from the same funds and for the maintenance and reconstruction of such state and county highways in accordance with the state highway law.

§ 2. This act shall take effect immediately.

CHAPTER 52

AN ACT making an appropriation for the payment by the state in the first instance of the federal government's share of the cost of construction and improvement of rural post roads within the state, pursuant to an act of congress entitled "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes Became a law February 25, 1927, with the approval of the Governor. Passed, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The sum of three million, six hundred and fortyseven thousand, six hundred and four dollars and nine cents, ($3,647,604.09), is hereby appropriated from any moneys in the state treasury not otherwise appropriated, payable by the commissioner of taxation and finance on a warrant of the comptroller. clerk."

1 Words "financial clerks" substituted for word

2 Sentence to here formerly read: "The clerk." Word "their" substituted for word "his." 4.Word "each new.

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