L. 1922, ch. 48, § 22, subd. 25 amended. Power of department CHAPTER 454 AN ACT to amend the farms and markets law, in relation to inspecting farm products. Became a law April 25, 1924, 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 twenty-five of section twenty-two of chapter forty-eight of the laws of nineteen hundred and twentytwo, entitled An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," such subdivision having been amended by chapter three hundred and sixtyseven of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:1 25. Inspect and determine the grade or condition of farm to inspect products at shipping points and receiving centers, and provide farm prod- for the issuance of certificates of such inspections and enter into ucts; fees. co-operative arrangements with state and federal marketing agencies for joint inspections. The commissioner shall require and receive the payment of fees for such inspection services in amounts not exceeding the estimated cost of the services. The commissioner shall remit to the state treasurer such fees received monthly. § 2. This act shall take effect immediately. L. 1922, CHAPTER 455 AN ACT to amend the farms and markets law, in relation to the licensing of dogs.2 Became a law April 25, 1924, 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 seven of chapter forty-eight of the laws of nineteen hundred and twenty-two, as amended, entitled "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," as amended by chapters three hundred and sixty-one and three hundred and sixty-nine of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows: 1 Subd. 25 materially amended. The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. ARTICLE 7. LICENSING OF DOGS AND PROTECTION OF DOMESTIC ANIMALS AND FOWLS THEREFROM. Section 106. Definitions. 107. Dogs to be licensed; fees. 108. Kennel licenses. 109. Assessors and police departments to prepare lists of dog owners. 110. Issuance of licenses; penalty for failure to obtain. 111. Tags; how attached. 112. Registry of licenses. 113. Tags and blanks to be furnished by department of farms and markets; forms. 114. Killing unlicensed dog. 115. Dogs to be killed for attacking persons or animals. 119. Damages for injuries caused by dogs. 120. Amount of damages to be paid by the county; assignment of claim to county. 121. Report as to dog killed. 122. Disposition of fees, penalties and damages recovered. 125. Pounds and dog catchers. 126. Application of act; saving clause. 127. Enforcement of the provisions of this article. § 106. Definitions. When used in this article, the word "owner" referring to the owner of a dog, includes a person har. boring or keeping such dog. The word "kennel," when so used, means a place where one or more pure bred dogs over six months old are harbored or kept, which dogs are registered in or by a recognized registry association. The word "dog," when so used, shall include a female dog, except where provision is made for the licensing of dogs and the payment of license fees. The word "village," when so used, means an incorporated village in a county adjoining a city of the first class having a population of one million or more, except in the county of Westchester. The word "clerk," when so used, means the clerk of the town or city or of such village, where the dog license is to be issued. § 107. Dogs to be licensed; fees. A person who owns, harbors or keeps a dog shall obtain a license therefor, as provided herein and shall pay the following fees: (1) Two dollars for each male dog or spayed female dog; (2) five dollars for each unspayed female dog; (3) ten dollars for a kennel of less than six dogs; twenty dollars for a kennel of six or more dogs. Before any per son shall be entitled to obtain a license for a spayed female dog at the reduced fee herein provided, he shall produce and deliver to the clerk an affidavit made by the owner or a certificate in writing signed by a duly licensed veterinary surgeon showing that such female dog has been spayed. There shall be paid to the clerk, in addition to each license fee, the sum of twenty-five cents for each tag issued as a tag fee, for the services of such clerk. Application for a license shall be made to the clerk of the town or city, or village as defined by section one hundred and six hereof, in which the dog is harbored or kept. Such application shall be in writing and in such form as shall be prescribed by the commissioner, and shall state the name, sex, breed, age, color and marking of the dog for which a license is sought. When the applicant for such license shall have complied with the provisions of this article, the clerk shall thereafter issue a license to such applicant and shall deliver to such applicant a tag bearing the same serial number that the license bears. Licenses shall be applied for on or before July first and shall be for the period from July first until June thirtieth in the following year. Licenses shall not be required for dogs under the age of six months that are not allowed to run at large. When such dog shall become of the age of six months such dog shall be subject to a license as herein provided. Each license of a dog or kennel first issued shall take effect when issued, and shall expire on the last day of June following its issuance. § 108. Kennel licenses. The owner of a kennel may apply for and obtain from the clerk of the town or city, or village as defined by section one hundred and six hereof, in which the kennel is located, a kennel license, which shall be in lieu of the license issued under this article for each pure bred and duly registered dog harbored or kept in such kennel. Upon the procuring of such license for a kennel, the owner or owners thereof shall be exempt from any further license fee under this article in respect to such dogs for the year for which such license is issued. The applicant shall file with the clerk with his application for a kennel license either a copy of a registry certificate of the registry association registering the dogs in such kennel, or an affidavit made by the kennel owner showing the registration of such dogs, and giving the name and post office address of the association registering them, and also showing the breed, sex, date of whelping, color, markings and registry number of each such dog. If the owner of the kennel shall harbor or keep a dog which is not covered by such a certificate or affidavit, such dog shall be licensed separately and the same fee paid as in the case of other unregistered dogs. The clerk issuing such kennel license shall deliver with the license one tag for each dog listed on applicant's statement. The applicant shall pay the clerk twenty-five cents for each tag issued in addition to the kennel fee. The owner of every licensed kennel shall place and keep, or cause to be placed and kept upon every dog kept in such kennel so licensed, a collar of leather or other suitable material around the neck of such dog while at large, to which collar shall be attached by means of rivets or metal fixtures, a New York state dog license tag for the year of issue. § 109. Assessors and police departments to prepare lists of dog owners. The assessors of each town and the police department of a city or village as defined by section one hundred and six hereof, shall annually in the month of June ascertain by due inquiry the names of the owners of dogs owned, harbored or kept in such town, city or village as defined by section one hundred and six hereof. Every person shall answer all questions relative to the ownership of any dog, and if he answers falsely or refuses to answer such questions, he shall be subject to a penalty of ten dollars, to be recovered in an action brought therefor as hereinafter provided. The assessors of each town, and the police department of each city or village as defined by section one hundred and six hereof, shall prepare a list containing the names and addresses, by street and number, if any, of the owners of dogs in such town or city, or village as defined by section one hundred and six hereof, and the number and sex of dogs owned, harbored or kept by each owner, and whether such dogs are kept or harbored in kennels. But the assessors of a town shall not include in such list the owners of dogs in such a village. There shall be appended to such list the affidavit of the assessors or police officers making the list to the effect that they have ascertained by due inquiry the dogs owned, harbored or kept in such town or city, or village as defined by section one hundred and six hereof, and that such list is a true list of the owners of dogs in such town or city, or village as defined by section one hundred and six hereof, and the number and sex of dogs owned, harbored or kept by each owner, so far as the assessors or police officers making the list have been able, by the exercise of due diligence, to ascertain the same. Such list shall be prepared in duplicate, one of which shall be filed with the clerk of the town or city, or village as defined by section one hundred and six hereof, and the other with the commissioner, on or before the first day of July following. The assessors of a town and the police department of a city, or a village as defined by section one hundred and six hereof, shall receive as compensation for their services the sum of twenty cents for each dog listed by them, which shall be paid by the county treasurer from moneys collected under this article, when such bills have been duly certified to the said county treasurer by the commissioner. The moneys so payable to the police department shall be devoted to the police pension fund of the city, or village. It shall be the duty of such assessors and police departments at the time of making such list to leave with the owner of the dog or dogs an application blank furnished by the department for a dog or kennel license, and to notify such owner that a license must be obtained in July of each year as provided in this article, but the neglect or failure of the assessors or police department to list the name of any owner or to leave such blank or to notify such owner, shall not relieve such owner from his duty to obtain such license. A § 110. Issuance of licenses; penalty for failure to obtain. license shall be issued upon application being made therefor and upon the payment of the fees hereinbefore prescribed. Every dog and kennel license shall be in the form prescribed by the commissioner, and shall be executed by the clerk. Each license shall state the year for which it was issued and shall bear a serial number. An owner of a dog, who fails or refuses to obtain a license for such dog within thirty days after he is required to do so under the provisions of this article, shall be subject to a penalty of ten dollars. § 111. Tags; how attached. The owner of a licensed dog shall place and keep around the neck of such dog a collar of leather or other suitable material, and shall attach to such collar by means of rivets, metal bands or other suitable devices, the tag delivered to him by the clerk issuing the license for such dog. An owner of a dog shall not permit a licensed dog to be at large without such collar and tag during the period of the license. A new tag with a new number shall be furnished to the owner of a licensed dog by the clerk, in place of the original tag, upon presentation of the license and proof of the loss of such original tag. The clerk shall endorse the new number of such tag on such license and shall enter it in the register. The clerk shall receive for his services in issuing such new tag the sum of twenty-five cents. It shall be unlawful for any person except the owner or his authorized agent, to remove any license tag from a dog collar, or to remove from any dog any collar with a license tag attached thereto. It shall be unlawful for any person: (a) To sell or offer for sale a dog license tag except as provided in this article; (b) To transfer a tag from one dog to another dog, except in the manner permitted by this article; (c) To possess a New York state dog license tag, unless it was procured from the proper authorities or in the manner provided by this article. § 112. Registry of licenses. The clerk shall register the owners of dogs and kennels licensed under the provisions of this article, either under an index card system or in a book to be provided. for such purpose. Such book shall be furnished by the department of farms and markets and shall be kept in the manner prescribed by the commissioner. Such register shall contain the name of the owner of the dog or kennel licensed, the date of the license, and the serial number of the tag or tags issued for each licensed dog or kennel, such register to be alphabetically arranged. The clerk shall furnish, upon the demand of the commissioner, transcripts of the whole or any part of such register, and of any other records required to be kept by this article, and shall receive therefor compensation to be fixed by the commissioner. $113. Tags and blanks to be furnished by department of farms and markets; forms. The forms of applications for licenses and of other statements, reports, certificates and papers required to be filed or presented under the provisions of this article shall be pre |