sixty-three chains eight links to the place of beginning, containing eighty-two acres, be the same more or less. Being the same premises covered by United States loan mortgage number one ninety-seven given by James W. Ireland to the commissioners for loaning certain moneys of the United States of the county of Rensselaer, dated September fifteen, eighteen fifty-one. § 2. The conveyance, if any, executed pursuant to this act shall be signed and executed by the supervisor and town clerk of the town pursuant to a resolution of the town board duly adopted by majority vote and shall contain the condition that the lands conveyed be used and developed by the grantee as a memorial legion park to revert to the town of Berlin when taps sound for the last survivor of the post. In addition to such condition, the conveyance may contain such other stipulations and conditions, not inconsistent with the provisions of this act, as the town board may determine will best promote and protect the public interest. § 2. This act shall take effect immediately. CHAPTER 79 AN ACT to amend the conservation law, in relation to the definition of angling Became a law March 4, 1935, 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: ch. 647, amended. Section 1. Subdivision twenty of section three hundred and L. 1911, eighty of chapter six hundred and forty-seven of the laws of 350. nineteen hundred eleven, entitled "An act relating to conservation subd. 20, of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred twelve and last amended by chapter three hundred and fifty-five of the laws of nineteen hundred twenty-six, is hereby amended to read as follows: defined. 20. "Angling" means taking fish by hook and line not exceed- "Angling" ing two lines with or without rod to one person and not exceeding fifteen single hooks or five treble hooks to a line, the operator to be present and in immediate attendance when lines are in the water. § 2. This act shall take effect immediately. L. 1909, ch. 62, § 420, T A. amended. "Wines" defined. Par. 7 amended. "Liquors" defined. CHAPTER 80 AN ACT to amend the tax law, in relation to the definition of "wines” and "liquors" Became a law March 4, 1935, 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. Paragraph numbered six of section four hundred twenty of chapter sixty-two of the laws of nineteen hundred nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as renumbered and amended by chapter ninety-four of the laws of nineteen hundred thirty-four, is hereby amended to read as follows: 6. "Wines" mean and include wine (both still and sparkling and when fortified by the addition of alcohol or spirits), fruit juice containing one-half of one per centum or more of alcohol by volume and all other beverages containing alcohol manufactured or produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar, provided the foregoing contain not more than twenty-four per centum of alcohol by volume, but shall not mean or include cider. § 2. Paragraph numbered seven of section four hundred twenty of such chapter, as added by chapter ninety-four of the laws of nineteen hundred thirty-four, is hereby amended to read as follows: 7. "Liquors" mean and include any and all distilled or rectified spirits, alcohol, brandy, cordial (whether the base therefor be wine or liquor), whiskey, rum, gin and all other distilled beverages containing alcohol, including all dilutions and mixtures of one or more of the foregoing, and also mean and include any alcoholic liquids which would be wines if the alcoholic content thereof were not more than twenty-four per centum by volume. § 3. This act shall take effect immediately. L. 1929, subd. 1, CHAPTER 81 AN ACT to amend the vehicle and traffic law, in relation to punishment for violations Became a law March 4, 1935, 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 one of section seventy of chapter fiftyfour of the laws of nineteen hundred twenty-nine, entitled "An act relating to motor vehicles, motor cycles, and highway traffic, constituting chapter seventy-one of the consolidated laws," as amended by chapter four hundred and eighty-five of the laws of nineteen hundred thirty-four, is hereby amended to read as follows: 1. The violation of any of the provisions of subdivision one of Penalties. section eleven of this chapter shall constitute a misdemeanor. The violation of any of the provisions of section fifteen of this chapter with respect to adequate brakes shall constitute a misdemeanor and the violation of any of the other provisions of said section fifteen or of any of the provisions of sections twelve, twenty, sixty-two and sixty-three of this chapter shall be punishable by a fine not exceeding fifty dollars or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment, except as herein otherwise provided. § 2. This act shall take effect July first, nineteen hundred Effective thirty-five. da te. CHAPTER 82 AN ACT to authorize the city of Rochester to issue one million two hundred thousand dollars new water bonds to redeem and pay water works bonds now or recently outstanding or to pay indebtedness incurred or to reimburse advances from other funds made to redeem any such bonds and to validate such water works bonds and any such indebtedness and advances and all proceedings taken for the issuance of new bonds as authorized Became a law March 6, 1935, with the approval of the Governor. Passed, on emergency message, by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: Rochester water Section 1. The city of Rochester is hereby authorized to issue City of new water bonds in the amount of one million two hundred thou- authorized sand dollars to provide a fund from which, with funds on hand, to issue to redeem and pay water works bonds, including any bonds held bonds. in the sinking funds of the city, which by their terms are subject to redemption or which the city has elected to redeem, including the five hundred thousand dollars additional water works bonds issued under resolution adopted August ninth, eighteen hundred ninety-two, as amended August thirtieth, eighteen hundred ninetytwo, and payable February first, nineteen hundred forty-two, and the nine hundred fifty thousand dollars additional water works bonds issued under resolution adopted February sixth, eighteen hundred ninety-four, and payable February first, nineteen hundred forty-four, both of which issues of bonds bear interest at the rate of three and one-half per centum per annum, payable semi-annually, provided that if such bonds shall have been redeemed prior to the time this act takes effect, the proceeds of such new bonds may be applied to the payment of any indebtedness incurred to pay such bonds or to the reimbursement of advances made from other funds for such purpose, provided also that the new bonds to be issued hereunder shall mature in serial Original bonds validated. installments the last of which shall mature not later than February first, nineteen hundred forty-four, and shall bear interest at not exceeding three and one-half per centum per annum, payable semi-annually. Such new bonds may be dated February first, nineteen hundred thirty-five, or later, and may be sold at one time or from time to time in the manner required by the city charter. § 2. The one million four hundred and fifty thousand dollars bonds above recited and to be redeemed as aforesaid, including any bonds re-issued in place of the bonds originally issued under the resolutions above recited, and including any indebtedness which may have been incurred or temporary advances that may haye been made prior to the time this act shall take effect in order to redeem and pay such bonds, and all proceedings heretofore taken by the city to redeem and pay such bonds substantially in accord with this act, including an ordinance authorizing bonds for such purpose adopted November thirteenth, nineteen hundred thirty-four, and the sale if made of new water bonds as authorized, are hereby in all respects validated and confirmed. The bonds hereby authorized may be issued by the proper officers pursuant to such ordinance or to any new ordinance which may be adopted for such purpose. Said one million four hundred and fifty thousand dollars bonds above recited are hereby declared to be or to have been redeemable in accordance with their terms prior to November thirteenth, nineteen hundred thirtyfour, the date of the adoption of the ordinance of said city electing to redeem and pay them as of February first, nineteen hundred thirty-five, and such ordinance is hereby in all respects validated and confirmed. § 3. This act shall take effect immediately. L. 1934, ch. 478, § 127, subd. 1. Surrender of liquor license. CHAPTER 83 AN ACT to amend the alcoholic beverage control law, in relation to refunds of fees upon surrender of licenses Became a law March 8, 1935, 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 one of section one hundred twenty-seven of chapter four hundred seventy-eight of the laws of nineteen hundred thirty-four entitled "An act relating to alcoholic beverages, constituting chapter three-b of the consolidated laws," is hereby amended to read as follows: 1. If a person holding a license to traffic in alcoholic beverages under the provisions of this chapter, against whom no complaint. prosecution or action is pending on account of any violation thereof, and who shall not have violated any provision of this chapter during the period for which such license was issued, shall voluntarily, and before arrest or indictment for a violation of this chapter, cease to traffic in alcoholic beverages during the term for which the license fee is paid, such person may surrender such license to the liquor authority for cancellation and refund, provided that such license Refunds. shall have at least one month to run at the time of such surrender; except that no refund thereon shall be made for the first six months of the term of such license. Such refund shall be computed for full months, less fifteen dollars, commencing with the first day of the month succeeding the one in which such license may be surrendered, unless such surrender be on the first day of the month; and at the same time such person shall present to the liquor authority a verified petition setting forth all facts required to be shown by the liquor authority upon such application. The liquor authority shall thereupon compute the amount of refund then due on said license for the unexpired term thereof, and shall execute a receipt therefor showing the name of the person to whom such license was issued, the number thereof, date when issued, amount of license fee paid therefor, and the date when surrendered for cancellation, together with the amount of refund due thereon at such date as computed by it, and the name of the person entitled to receive the refund. Such receipt shall be delivered by the liquor authority to the person entitled thereto. If within thirty days from the date of such surrender and application, the person surrendering such certificate shall be arrested or indicted for a violation of this chapter, or proceedings shall be instituted for the cancellation of such certificate, or an action shall be commenced against him for penalties, such petition shall not be granted until the final determination of such proceedings or action; and if the said petitioner be convicted, or said action or proceedings be determined against him, said license shall be canceled and any refund due thereon shall be Cancellaforfeited, but if such petitioner be acquitted, or such proceedings or action against him be dismissed on the merits or, if within such time, no such action or proceeding shall be brought against such person, then the liquor authority shall prepare an order for the payment of such refund, directed to the comptroller, to be paid him, on his audit, upon the surrender of the receipt theretofore given such person; provided, however, that if any taxes or penalties imposed by article eighteen of the tax law are unpaid by such person, the amount of such taxes and penalties shall be deducted from the amount of such refund. Any refunds due on the surrender and cancellation of licenses pursuant to this section shall be paid by the comptroller from moneys in his custody, derived from license fees received pursuant to this chapter. § 2. This act shall take effect immediately. tion. |