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to 1909 63.

Chap. 261.
X ACT to amend the town law, in relation to gifts to towns.
Became a law April 19, 1920, 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. Chapter sixty-three of the laws of nineteen hundred 1.. 4:500,"ch. and nine, entitled "An act relating to towns, constituting chapter

sixty-two of the consolidated laws,” is hereby amended by adding at the end of article two a new section, to be section sixteen, to read as follows:

$ 16. Gifts to towns. Real and personal property may be given to a town by grant, conveyance, devise or bequest, for the construction, improvement or maintenance of public highways or of town buildings or of buildings for the use of the public, on such trusts and conditions, subject to the provisions of this section, as the grantor or testator may prescribe, provided such gift be accepted and trusts and conditions agreed to by the town board, by resolution. No such gift shall be accepted upon conditions which involve administrative or other expense to the town. If a trust for the investment of money and the collection and payment over of income therefrom be created for any such purpose, the county treasurer shall be the trustee unless otherwise provided by the grantor or testator. In any case, if there be such a trust, the income shall be paid over to the supervisor of the town, to be applied by him and his successors to the purposes of the trust; and if there be a direct gift of money or securities to the town, without a trust, the same shall be delivered or paid to the super visor and expended by him and his successors for the purpose of the gift. In the latter case, the supervisor shall give security to the town, by bond or undertaking to be approved by the town board, conditioned that he will faithfully account for and pay over the moneys and securities so confided to his care, which security shall be in addition to any other official bond or under taking required of him by law.

§ 2. This act shall take effect immediately,

by L. 1910,

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Chap 262.

. AN ACT to amend the town law, in relation to authorizing the

appointment of clerks and other assistants for the town business

in certain towns. Became a law April 19, 1920, 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 one hundred and twenty-seven of chapter .. 1906.ch. sixty-three of the laws of nineteen hundred and nine, entitled "An as di act relating to towns, constituting chapter Sixty-two of the con-ch. V solidated laws," as added by chapter one hundred and fifty-seven of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

§ 127. Additional clerks and assistants for the town business, in certain towns. In a town having a population of twelve thousand' or more, in a county of less than five hundred thousand, according to the next preceding federal or state

enumeration, and in which the assessed valuation of real estate is or shall be over twelve million dollars, the town board may by resolution, provide from time to time for the appointment of clerks, stenographers or other assistants for one or more town officers, in addition to other subordinates for any such officer provided for by law, and fix their salaries or compensation. A position so established may be abolished by the town board at any time. The town board may designate a particular officer or officers whom any such clerk, stenographer or assistant is to assist and may direct their transfer from one officer to another. Appointments to any such position shall be made by the town board. The salaries or compensation of any such clerk, stenographer or assistant shall be paid by the supervisor of the town in equal monthly payments and shall be a town charge and levied and collected in the same manner as other town charges.

§ 2. This act shall take effect immediately.

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1

Formerly “ fifteen thousand." 2 Words " in a county of less than five hundred thousand,” new. 3 Formerly “ fifteen million dollars."

$ 1412

to L. 1901, cu 03.

Chap. 263.
AN ACT to amend the town law, in relation to the erection and

alteration of buildings.
Became a law April 19, 1920, 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. Chapter sixty-three of the laws of nineteen hundred de els ... and nine, entitled “An act relating to towns, constituting chapter

sixty-two of the consolidated laws,” is hereby amended by adding thereto, after section one hundred and forty-one, a new section, to be section one hundred and forty-one-a, to read as follows:

§ 141-a. Power of town board, in certain towns, to adopt build. ing code. The town board of a town, having a population of twenty thousand and upwards in a county of not more than three hundred thousand and adjoining a city of one million or more according to the last state or federal enumeration, may adopt and establish and provide for the enforcement of a building code regulating and controlling all matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures erected or to be erected in such town not included within the limits of an incorporated village and requiring permits for the erection, alteration or removal of such buildings and structures.

§ 2. This act shall take effect immediately.

Chap. 264.
AN ACT to amend the tax law, in relation to salary of transfer

tax clerk in Onondaga county.
Became a law April 19, 1920, 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 seven of section two hundred and 24 24. thirty-four of chapter sixty-two of the laws of nineteen hundred

1909, ch.

subd. 7.

L A different § 14 la is added by I., 1920, ch. 148, ante.

L. 1917, ch.

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amended,

and nine, entitled "An act in relation to taxation, constituting amended bhi chapter sixty of the consolidated laws," as amended by chapter 194, one hundred and ninety-four of the laws of nineteen hundred and seventeen,' is hereby amended to read as follows:

7. In Onondaga county, a transfer tax clerk, eighteen hundred dollars;" and shall be entitled to expend not more than two hundred dollars a year for expenses necessarily incurred in the assessment and collection of taxes under this article.

§ 2. This act shall take effect July first, nineteen hundred and in effect twenty.

July 1 1920.

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9. 33, as

1. 1919, ch. 403,

Chap 265.
AN ACT to amend the agricultural law, in relation to statements

from purchasers or receivers of milk to producers.
Became a law April 19, 1920, 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 thirty-three of chapter nine of the laws of L. 1909, ch. nineteen hundred and nine, entitled “An act in relation to agri-mended by culture, constituting chapter one of the consolidated laws,” as last amended by chapter four hundred and sixty-three of the laws of amended. nineteen hundred and nineteen, is hereby amended to read as follows:

$ 33. Regulations in regard to manufactories, plants or places where milk or cream is brought or received. No person shall sell, supply or bring to any butter or cheese factory or to any plant or place which manufactures a food product from milk or which ships or sells milk for consumption any milk diluted with water, or any unclean, impure, unhealthy, adulterated or unwholesome milk, or milk from which any of the cream has been taken, except pure skim milk to skim-cheese factories. No person shall sell, supply or bring to be manufactured to any butter or cheese factory or to any plant or place ivhich manufactures a food product from

3

1 Previously amendeel hy L, 1910. 11. 70; L. 1911, ch. 681; L. 1912, ch. 45; L. 1917, ch. isi.

2 Formerly “ fifteen hundred dollars.”
3 Previously amended by L. 1918, ch. 83.
4 Section materially amended.

milk or which ships or sells milk for consumption any milk from which has been kept back any part of the milk commonly known as strippings, or any milk that is sour, except pure skim milk to skim-cheese factories. The owner or proprietor or the person having charge of any such manufactory, plant or place where milk is received for any such purpose, not buying all the milk used by him, shall not use for his own benefit, or allow any of his employees or any other person to use for his own benefit, any milk, cream, butter or cheese or any other product thereof, brought to such factory, without the consent of the owners of such milk or the products thereof. Every such manufactory, plant or place not buying all the milk used, shall keep a correct account of all the milk or cream daily received, of the number of packages of butter and cheese made each day, and the number of packages and aggregate weight of cheese and butter disposed of each day; which account shall be open to inspection to any person who delivers milk to such manufactory, plant or place. Every purchaser or receiver of milk from the producer thereof, for manufacturing purposes or for reselling the same, shall on written request therefor, tender daily thereafter at time of delivery to such producer, or to the person delivering such milk to such purchaser in behalf of such producer, a written statement of the amount of milk so received or purchased until or unless such producer notifies such purchaser in writing that he no longer desires such statement; such state ment shall give, first, the name of the producer or seller, second, the date of delivery, third, the amount so delivered, fourth, shall be signed by the purchaser or his duly authorized representative; such statement shall be given in the terms of the unit used as a basis for determining the value thereof. Such purchaser or receiver shall, at each periodical time of payment for such milk, give each such producer, so delivering milk, a statement showing the amount of milk delivered during the periodical time for which payment is made, and the average percentum of butter fat test of same provided payment is made on basis of butter fat content. Whenever such manufacturers or owners of such manufactories, plants or places receive or purchase milk or cream upon the basis of the amount of milk fat contained therein and use for ascertaining the amount of such fat what is known as the Babcock test, or whenever the proceeds of co-operative creameries or such manufactories, plants or places are allotted on the basis of determinations of milk fat by the Babcock test, the bottles and pipettes

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