inal procedure with respect to a jury trial in a criminal action with an ordinary jury.

Proviso as

tion for

drawings.

§ 23. This act shall take effect immediately. But no application to applica shall be made for a special jury under section thirteen of this jus and act until the special jury commissioner of the county in which such trial is to be had shall have made his first selection of the full number of special jurors which he has been directed to make, and which shall not be less than three thousand. And no drawing shall be had in any particular case under this act unless at the time when the order directing the trial thereof by a special jury is made, there shall be at least three thousand names of duly selected jurors in the special jury box.

Chap. 380.

'AN ACT to amend chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, entitled "An act for the incorporation of associations for the improvement of the breed of horses, and to regulate the same, and to establish a state racing commission."

BECAME a law April 23, 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:

amended.

commis.

Section 1. Section five of chapter five hundred and seventy of Act the laws of eighteen hundred and ninety-five, entitled "An act for the incorporation of associations for the improvement of the breed of horses, and to regulate the same, and to establish a state racing commission," is hereby amended so as to read as follows: § 5. There shall hereafter be a state racing commission. With- State racing in ten days after this act takes effect the governor shall appoint sion." three persons to be members of such commission, who shall hold office for the term of five years, no two of whom shall be members of the same racing association. They shall receive no compensation for their services but shall be paid their necessary traveling and other expenses. Such commission shall appoint a secre- Secretary tary, who shall serve during their pleasure, whose duty it shall slon. be to keep a full and faithful record of the proceedings of such

of commis

commission, preserve at the general office of such commission all books, maps, documents and papers entrusted to his care, prepare for service such papers and notices as may be required of him by the commission, and perform such other duties as the commission may prescribe. He shall have the power, under the direction of the commission to issue subpoenas for witnesses and to administer Expenses. oaths in all cases pertaining to the duties of his office. The total annual expenses of the state racing commission, including the salary of the secretary, shall not exceed the sum of five thousand dollars. Such expenses shall be paid by the several racing or steeplechase corporations or associations, owning or operating such race tracks, to be apportioned by the comptroller, who shall, on or before the first day of December in each year, assess upon each of such corporations or associations its just proportion of such expenses, and such assessment shall be collected in the manner provided by law for the collection of taxes upon corporations. Such commission shall annually make a full report to the legisla ture of its proceedings for the year ending with the first day of the preceding December, and such suggestions and recommendations as it shall deem desirable.

Report to legislation.

Associations entitled to privileges

certificate.

§ 2. Section eight of said act is hereby amended so as to read as follows:

§ 8. Any trotting association, incorporated under the laws of the state of New York, and any state, county or other fair associa upon filing on shall be entitled to the privileges conferred by section three of this act upon filing in the offices wherein its certificates of incorporation are filed, a certificate which shall set forth its intention to avail itself of such privileges; and any such trotting association, er state, county or other fair association shall not be required to obtain any license or file any other certificate. Ring State, county and other fair associations entitled to conduct associa trotting races under the provisions of this act may also conduct conduct running races in connection therewith, under the same provisions, and the provisions of this act requiring a race track to be of specified dimensions shall not apply to such association; but no running races shall be conducted for more than five days on any track or grounds, unless the license of the state racing commission therefor is first obtained.

races, fair

tions may

§ 3. Sections twelve and fourteen of said act are hereby amend. ed so as to read as follows:

State tax

up n gross

§ 12. A tax of five per centum upon the gross receipts of every corporation exercising the privileges conferred by section three receipts. of this act, shall be annually paid by such corporation or association to the comptroller of the state of New York, within fifteen days after the first day of December in each year to be appropri ated and distributed as provided by chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five and the Exemption acts amendatory thereof, but nothing herein contained shall re fair as quire such tax to be paid by any state, county or other fair association organized and in active operation as such prior to the passage of chapter five hundred and seventy of the laws of eighteen hundred and ninety-five, or which is entitled to share in the distribution of moneys for agricultural purposes as provided by chapter eight hundred and twenty of the laws of eighteen hundred and ninety-five or acts amendatory thereof.

sociations,

may ex

books, etc,

nonpay.

§ 14. Whenever any such corporation or association shall ne. Comptroller glect or refuse to make such support at the time prescribed in this amiine act, or whenever the report is unsatisfactory to the comptroller, or whenever in the judgment of the comptroller, the interests of the state would be promoted, thereby the comptroller is au thorized to examine or cause to be examined its books and records, and to fix and determine the amount of tax due in pursuance of the provisions of this act, either from such books and records, or from any other data in his possession which shall be satisfactory to him, and to settle and account for such tax, together with the expenses of such examination against such association. In case Penalty for of the nonpayment of the amount of tax so ascertained to be due, ment of tax. together with the expenses of such examination, for a period of thirty days after notice to any such corporation or association so in default, it shall be liable in addition thereto to pay to the state for each such omission or failure, a sum not less than five hundred nor more than one thousand dollars; the same may be sued for and recovered in the name of the people of the state in any court having competent jurisdiction, by the attorney-general at the instance of the comptroller. The comptroller is also Failure to authorized and required to report any failure of any such cor- or pay tax. poration or association to make such report and to pay its tax to the governor, who, if he shall be satisfied that such failure was intentional, shall thereupon direct the attorney-general to take proceedings in the name of the people of the state to declare the

make report

Acceptance of compen

be ting

etc. prohibited.

charter of such corporation or association to be forfeited and its charter privileges at an end, and for such intentional failure the charter privileges, corporate rights and franchises of every such corporation or association shall cease, end and be determined.

§ 4. Section eighteen of said act is hereby amended so as to read as follows:

§ 18. No corporation or association conducting a running or Batin for trotting race meeting in pursuance of this act shall, under any privileges, guise or pretense, directly or indirectly, exact or accept any compensation from any person for the privilege of making and recording bets or wagers on the result of a race on the track of such corporation or association, or, directly or indirectly, share or parPenalty for ticipate in any such bet or wager. Any officer or agent of a corporation or association violating this section, or aiding or abetting the violation thereof, shall be guilty of a misdemeanor. But the charging of increased or additional entrance fees for admission to any special portion or portions of the grounds of such corporation or association, unless pool-selling, book-making, or other acts punishable by fine or imprisonment be thereon authorized or knowingly permitted, shall not be deemed the exaction or acceptance of compensation as aforesaid, nor as the sharing or participation in any bet or wager.

Proviso as

to cha

of audi. tional fees

for admis

§ 5. This act shall take effect immediately.

Appropria

formatory.

Chap. 381.

AN ACT making an appropriation for the Eastern New York Reformatory for the erection of buildings, purchase of material and incidental expenses of the commissioners.

BECAME a law April 23, 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 sum of one hundred and fifty thousand dollars, tofore or so much thereof as may be necessary, payable by the treasurer on the warrant of the comptroller out of any money not otherwise appropriated, on the order of the building commissioners, is hereby appropriated for the Eastern New York reformatory for

the purchase of material and the erection of buildings, in accordance with the plans of said reformatory approved by the state board of charities and for the incidental expenses of the commissioners, pay of architect, inspectors and clerk.

§ 2. This act shall take effect immediately.

Chap. 383.

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."

BECAME a law April 23, 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:

Section 1. Section one hundred and eighty-nine of article eight of chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five is hereby amended to read as follows:

§ 189. Oyster beds protected.- Sub. 1. No person shall fish for, take or catch any oysters or hard clams between half an hour after sunset and half an hour before sunrise, except in the waters of Kill von Kull and the Arthur Kill. No person shall in any wise interfere with, take, disturb or carry away the oysters of another lawfully planted or cultivated in any of the waters of the state, or remove any stakes or buoys or any boundary marks of any planted or cultivated beds. The presence of any person on said beds with dredges or tongs overboard shall be considered prima facie evidence of guilt. Whoever shall violate or attempt. to violate the provisions of this subdivision shall be guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

2. All sheriffs, deputy sheriffs and constables, shall, and any other person may, seize any boat or vessel used by any person or persons in violation of subdivision one of this section, together with the tackle, apparel and furniture of said boat or vessel wherever found, within one year after such violation, and shall