L. 1922, amended. CHAPTER 52 AN ACT to amend the agriculture and markets law, in relation to the state fair Became a law February 15, 1928, 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-one-b of chapter forty-eight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to agriculture and markets, constituting chapter sixtynine of the consolidated laws," the title of such chapter having been thus amended by chapter two hundred and seven of the laws of nineteen hundred and twenty-seven, and such section added by chapter two hundred and seven of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows: § 31-b. State fair. It shall be the duty of the department to hold a state fair at such times as it may deem proper, 1and between January first and February fifteenth in each calendar year to publish the time for holding said fair in such year. 2If such fair be held on the first Monday of September, known as labor day, the department shall designate such day as "organized labor day." It shall not be lawful for any corporation, association or individual to hold or conduct any trotting or pacing race or races during the week in which the state fair is held, except upon half-mile tracks, and except at the fairs held by agricultural societies which have received moneys from the state, and no corporation, association or individual holding such races during said week shall be entitled to any of the benefits conferred by article twenty of the membership corporations law, or by any general or special law. The department may make, alter, suspend or repeal needed rules relating to such fair, including the times and duration thereof, the terms and conditions of entries and admissions, exhibits, sale of privileges, payments of premiums, and any other matters which it may deem proper in connection with such fair. It shall furnish to each person who, on the seventeenth day of January, nineteen hundred, was a life member of the state agricultural society, a free admission to the fair ground during the fair of each year during the life of such member. § 2. This act shall take effect immediately. 1 Words "except that said state fair shall not be held on the first Monday in September, known as labor day," omitted. Following sentence new. CHAPTER 53 AN ACT in relation to the elimination of grade crossings under the jurisdiction of the Syracuse grade crossing commission Became a law February 15, 1928, 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: elimina grade York Cen with pub commis thereon; Section 1. The term "Syracuse grade crossing act" as used herein Program of means chapter four hundred and thirty-nine of the laws of nine- tion of teen hundred and twenty-six, as amended. The Syracuse grade crossings crossing commission, notwithstanding the provisions of chapter of New four hundred and forty-five of the laws of nineteen hundred and tral systwenty-seven, is hereby authorized to prepare and file with the timing public service commission on or before September first, nineteen lie service hundred and twenty-eight, a program for the elimination of grade sion. crossings within its territorial jurisdiction under the Syracuse grade crossing act, with respect to the grade crossings, or any of them, of the New York Central and Hudson river railroad company and the railroads leased or controlled by it being commonly referred to as the "New York Central system." The public service commis- Action sion shall consider such program and proceed to hold public hear hearings. ings thereon commencing prior to November first, nineteen hundred and twenty-eight; such public hearings to be held in the manner and on the notice prescribed by subdivision three of section two of chapter two hundred and thirty-three of the laws of nineteen hundred and twenty-six, as amended. The provisions of said subdivision shall apply to such program and to the action of the public service commission thereon, except that such commission shall determinamake its determination as soon as practicable and not later than tion. December thirty-first, nineteen hundred and twenty-eight, and except further that such commission may state in its order the esti- Estimated mated aggregate cost of carrying out the program for such elimina- cost. tions, as adopted by it, with or without segregating the estimated. cost of particular parts thereof or of the elimination of specific grade crossings. § 2. This act shall take effect immediately. CHAPTER 54 AN ACT to legalize acts and proceedings relating to the Seaford fire district, in the town of Hempstead, county of Nassau, and defining the boundaries of such district Became a law February 15, 1928, 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: Time of aggregate relating to Section 1. The resolution of the board of supervisors of the Proceedings county of Nassau, dated October twenty-second, nineteen hundred formation 1 See L. 1927, ch. 445. legalized, Creation of district. and twenty-three, and duly adopted on said day, for the purpose of forming a fire district in the town of Hempstead in such county, and all acts and proceedings of the taxpayers, the officers and agents of such county and of such district leading up to and including such resolution, and all acts subsequent thereto relating to the formation thereof and all other acts by such board of supervisors or under their direction heretofore taken, pursuant thereto, are hereby legalized, ratified and confirmed, notwithstanding any defect, irregularity or omission of any lawful requirement in or lack of statutory authority for such resolution or in or for the formation of such fire district or any of such acts and proceedings. § 2. That the creation of the Seaford fire district in the town legalized. of Hempstead, county of Nassau, New York, be and the same is Boundaries hereby in all respects legalized and validated, and said fire district comprising the territory within the following boundaries, to wit: Beginning at a point at the junction of the center line of Seaman's creek with the northerly side of Seaman's Island creek; thence northerly through the center line of Seaman's creek and the easterly boundary line of the Wantagh fire district to the center line of Jerusalem avenue; thence easterly and along the center line of Jerusalem avenue, until the same intersects with the easterly boundary line of the township of Hempstead; thence southerly along the easterly boundary line of the township of Hempstead until same intersects with a due east line of the northerly line of Seaman's Island creek and thence westerly along said line and along the northerly line of Seaman's Island creek in its various windings and turnings to a point where the same is intersected by the center line of Seaman's creek to the point or place of beginning, is hereby declared to be legally established as a fire district within the town of Hempstead, county of Nassau and state of New York. It is further determined that the territory within the boundaries described above is the territory especially benefited by the creation of this fire district. Territory described declared especially benefited. § 11a. 11b added ch. 666. § 3. This act shall take effect immediately. CHAPTER 55 AN ACT to amend the Jamestown city court act Became a law February 15, 1928, 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 six hundred and sixty-six of the laws of to L. 1923, nineteen hundred and twenty-three, entitled "An act in relation to the city court of the city of Jamestown, and of the practice and procedure therein, and repealing certain sections of the charter of the city of Jamestown inconsistent therewith," is hereby amended by inserting therein at the end of article one two new sections, to be sections eleven-a and eleven-b, to read as follows: § 11-a. Juror's compensation; city appropriations. The city council, or other legislative body, of the city of Jamestown, may annually appropriate in its budget such sum or sums of money as will be sufficient to compensate jurors for their attendance in the city court. The city council, or other legislative body, or such eity, by ordinance, may determine the compensation to be paid. by the city to trial jurors for each day's attendance at a term of such court. § 11-b. Terms of court. The judge of the city court, and in his absence the acting city court judge, may, from time to time, appoint the times and places for holding terms of the city court, with or without the attendance of jurors. Each term may continue as long as such judge deems necessary for the transaction of the business before the court. Such judge may, by a new appointment, change the day for holding a term, or appoint one or more additional terms, or dispense with the holding of a term, without affecting any other term or terms theretofore appointed to be held. § 2. Such chapter is hereby amended by inserting therein after 49a section forty-nine a new section, to be section forty-nine-a, to read as follows: § 49-a. List of jurors; how selected; excusing jurors. 1. On a day designated by the judge of the city court, not less than six nor more than ten days before the day appointed for holding each term of court with a jury, the clerk or deputy clerk shall, from the list of jurors submitted by the board of supervisors of Chautauqua county, place in a jury box, called the undrawn jury box, all the slips containing the names of persons who have not served upon juries in said court within the preceding year. 2. He must then, without seeing the name contained on any slip, publicly draw out of the box one ballot; and continue to draw in like manner one ballot at a time until fifteen names have been drawn. The names so drawn and any and all additions thereto shall Ponstitute the panel of jurors for the term for which they are drawn. 3. If, after drawing the requisite number, the name of a person has been drawn who is dead, or insane, or who has permanently removed from the city, to the knowledge of an attending officer, an entry of that fact must be made in the minute of the drawing, and the ballot containing that person's name must be destroyed. Thereupon, another ballot must be drawn in its place and the Game contained therein must be entered in like manner in the minute of the drawing. 4. After the adjournment of the term, at which trial jurors have been returned, the clerk must deposit the slips containing the names of those who attended and served in another box kept by him. 5. Upon satisfactory proof of the facts, the judge of the city court, in his discretion, on the application of a trial juror, may excuse him from the whole or a part of the time of service required of him. 6. Upon satisfactory proof of the facts, the judge must excuse those persons specified in section five hundred and forty-four of added, §§ 52a, the judiciary law and those persons exempt from jury duty as specified in section five hundred and forty-six of such law. 7. Additional jurors may be drawn for any term in addition to the fifteen jurors to be drawn as prescribed in the foregoing sections. 8. Nothing contained herein shall prevent the judge of the city court in an emergency from summoning a jury as provided in sections two hundred and twenty-five and two hundred and thirtyfour, inclusive, of the justice court act, and in criminal trials as provided in sections seven hundred and two and seven hundred and seventeen inclusive, of the code of criminal procedure; except that when a jury of twelve is demanded, twenty-four persons shall be summoned. § 3. Such chapter is hereby amended by inserting therein at the end of article two, two new sections, to be sections fifty-two-a and fifty-two-b, to read as follows: § 52-a. Place of holding terms of court. The judge of the city court may adjourn a term to any place within the city, for the hearing and decision of motions, trials and other proceedings without a jury; and may appoint as many terms as he thinks proper to be held either at the city court rooms at the city hall of the city of Jamestown or elsewhere in the city for the same purpose. § 52-b. Notice to jurors. The deputy clerk, or acting clerk in the absence of the clerk from his office, shall possess the powers conferred by this section upon the clerk of the court. The clerk must at least five days before the day appointed for holding the term, deliver to a constable a list of the jurors drawn for service, and the constable, at least three days before the day appointed for holding the term, must serve upon each person named in the list personally, or by leaving it at his residence with a person of proper age and discretion, a written notice to attend the term. Such constable must file the list with the clerk of the court at or before the opening of the term, with a return indorsed thereupon or annexed thereto under his hand, naming each person notified and specifying the manner in which he was notified. Additional jurors drawn to complete the panel for the term must be notified in the same manner. § 4. This act shall take effect immediately. CHAPTER 56 AN ACT authorizing and empowering the Roosevelt Memorial Association of Oyster Bay, Incorporated, to grant and convey any or all of its real property to the Roosevelt Memorial Association Became a law February 15, 1928, 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 Roosevelt Memorial Association of Oyster Bay, Incorporated, a domestic membership corporation, having its prin |