Comp.

troller to convey lands.

by the commanding officer appointing such persons under the provisions of this section, shall be paid monthly, and shall be a county charge upon the county in which such armory or arsenal is situated, and shall be levied, collected and paid in the same manner as other charges are levied, collected and paid. A commissioned officer shall not be eligible for appointment to and shall not hold the position of armorer, janitor, engineer or laborer in an arsenal or armory. On any vessel used as an armory of the naval militia, in accordance with section two hundred and ninetyfour of this act, the ranking commanding officer of the organization or organizations quartered on said vessel shall have the right to appoint as many employes of the same classes described in this section as, in his judgment, the care and safety of the vessel, its equipment, armament and stores demand, and to establish their respective duties, ratings and compensation, always provided, however, that the gross compensation of such employes shall not exceed the amount per day authorized and established by this section. The duties of the aforesaid employes shall include ser vice on boats which are under the command of the ranking officer of such naval militia organization.

§ 7. This act shall take effect immediately.

Chap 361.

AN ACT authorizing and directing the comptroller to convey certain land owned by the state in the village of Walton, Delaware county, and formerly used for army purposes, to Samuel H. Fancher.

BECAME a law April 22, 1896, with the approval of the Governor. Passed, by a two-thirds vote.

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

Section 1. The comptroller is hereby authorized and directed, in behalf of the people of the state of New York, to convey to Samuel H. Fancher, of the village of Walton, New York, all that tract or parcel of land owned by the state of New York and formerly used for armory purposes situate in the village of Walton, county of Delaware and state of New York, and lying on the southerly side of the center line of Stockton avenue, so called, in

said village, bounded and described as follows: Beginning on the center line of Stockton avenue at the northwesterly corner of the old armory lot and running thence south ten degrees ten minutes west one hundred and eighty-seven and three-quarters feet to the southerly line of said old armory lot; thence south seventy-nine degrees east along the southerly line of said old armory lot ninety-five and one-fourth feet to the southeasterly corner of said old armory lot; thence north twelve degrees and thirty-five minutes east one hundred and sixty-three feet to the southerly line of said Stockton avenue and continued in the same direction to the center of Stockton avenue; thence westerly along the center line of Stockton avenue to the place of beginning, containing besides that portion included in Stockton avenue, sixteen thousand eighty-four and eighty-three one-hundredths square feet, be the same more or less, excepting and reserving, however, Rights to to the people of the state of New York and their assigns the right to lay sewer and drain pipes beneath the surface of the ground and in such manner as not to interfere with the surface thereof along the westerly line of the lands above described together with the right to go upon the said lands for the purpose of making any repairs thereto or renewals thereof. The conveyance authorized Conveyance by this act shall be in exchange for and in full consideration for for lands." lands conveyed to the people of the state of New York by Samuel H. Fancher, and Grace R. Fancher, his wife, by warranty deed executed on the twenty-third day of September, eighteen hundred and ninety-five and recorded on the eleventh day of November, eighteen hundred and ninety-five in the county clerk's office of the county of Delaware in liber one hundred and twenty-eight of deeds at page twenty-eight.

§ 2. This act shall take effect immediately.

lay sewers etc., re

served.

in exchange

Stone culvert, dock

etc. to be

built

tion to carry

out act.

Chap. 364.

AN ACT to provide for the building of a stone culvert over the outlet from the weigh-lock of the Champlain canal, in the town of Waterford, Saratoga county, where said outlet crosses Second street of the village of Waterford, and to build a dock, or wall, on each side of said outlet from said Second street to the Hudson river, and making an appropriation therefor.

BECAME a law April 22, 1896, 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 superintendent of public works is hereby directed to build, or cause to be built, a culvert of stone over the outlet from the weigh-lock of the Champlain canal in the town of Waterford, Saratoga county, where said outlet crosses Second street of the village of Waterford, and to build, or cause to be built, a dock or wall upon each side of said outlet from said Second street to the Hudson river.

Appropria- § 2. The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, to carry into effect the provisions of this act, which sum the state treasurer is hereby authorized and directed to pay upon the warrant of the comptroller, to the order of the superintendent of public works for the purposes herein specified.

§3. This act shall take effect immediately.

Chap. 365.

AN ACT to provide for the straightening, cleaning out and im. proving of the channel of Steele's creek, and providing means for draining and protecting property in the vicinity of said creek in the southern part of the village of Ilion, in the county of Herkimer, from floods and sudden freshets, and making an appropriation therefor.

BECAME a law April 22, 1896, 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:

tion for im

Section 1. The sum of five thousand dollars, or so much thereof Appropria as may be necessary, is hereby appropriated for the purpose of provements cleaning out, straightening and improving the channel of Steele's creek, and providing means for draining and protecting property, where necessary, in the southern part of the village of Ilion, county of Herkimer, from overflow and sudden freshets.

§ 2. The money hereby appropriated for the purposes aforesaid How payable. shall be payable by the state treasurer on the warrant of the comp. troller, to the superintendent of public works, to be by him expended for the purposes mentioned in section one of this act. § 3. This act shall take effect immediately.

Chap. 366.

'AN ACT to amend the penal code, relating to the unauthorized

BECAME a law April 22, 1896, with the approval of the Governor. Passed, a majority being present.

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

amended.

Section 1. Section six hundred and seventy-four-a of the penal Code code is hereby amended to read as follows:

Unautho

ing of

§ 674a. Any person who willfully wears the insignia or rosette ized wear of the military order of the Loyal Legion of the United States, or badges of the military order of foreign wars of the United States, or of any society, order or organization of ten years standing in the state

of New York, or uses the same to obtain aid or assistance within this state, unless entitled to use or wear the same under the constitution and by-laws, rules and regulations of such order or of such society, is guilty of a misdemeanor.

§ 2. This act shall take effect immediately.

Chap. 367.

AN ACT to amend chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, entitled "An act for the protection, preservation and propagation of birds, fish and wild animals in the state of New York and the different counties thereof," in relation to fishing in Silver lake.

BECAME & law April 22, 1896, 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 four of chapter nine hundred and seventy-four of the laws of eighteen hundred and ninetyfive is hereby amended to read as follows:

§ 104. Fishing through the ice in waters inhabited by trout, et cetera, forbidden.-No fish shall be fished for, caught or killed through the ice in any waters inhabited by trout, salmon trout or land-locked salmon during the closed season for the taking of such fish. The provisions of this section do not apply to Lake Ontario, Lake Erie, the Hudson and Niagara rivers, nor to Silver lake in the county of Wyoming from the first day of January to the fif teenth day of February, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each fish so caught or possessed.

§ 2. This act shall take effect immediately.