PASSED AT THE 136TH REGULAR SESSION OF THE LEGISLATURE, BEGUN VOLUME I. Chap. 1. AN ACT to amend the highway law, in relation to the punish- The People of the State of New York, represented in Senate ch. 30, 9, as added ch. 374, Section 1. Subdivision nine of section two hundred and ninety L. 1909, of chapter thirty of the laws of nineteen hundred and nine, entitled $ 290, subd. "An act relating to highways, constituting chapter twenty-five of by L. 1910, the consolidated laws," as added by chapter three hundred and amended. seventy-four of the laws of nineteen hundred and ten, is hereby amended to read as follows: for viola provisions one relative to operation 9. Any person violating any of the provisions of any section of Penalties this article, which violation is stated separately to be a mis-tions of demeanor, is punishable by imprisonment for not more than year or by a fine of not more than five hundred dollars, or by both, of motor and for a violation of any other provision of this article,' for which violation no punishment has been specified, shall be guilty of a misdemeanor punishable by a fine of not exceeding twentyfive dollars. vehicles. 11, as added § 2. Subdivision eleven of section two hundred and ninety of $ 290, subd. said chapter as added by chapter three hundred and seventy-four by L. 1910. 1 Words "which violation is stated separately to be a misdemeanor, is punishable by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or by both, and for a violation of any other provision of this article," new. ch. 374, amended. of the laws of nineteen hundred and ten, is hereby amended to read as follows: 11. Release from custody, bail, et cetera. In case any person shall be taken into custody charged with a violation of any of the provisions of this article, he shall forthwith be taken before the nearest magistrate, captain, lieutenant, clerk of the court or acting lieutenant who shall have the power of a magistrate and be entitled to an immediate hearing or admission to bail, and if such hearing cannot then be had, be released from custody on giving a bond or undertaking, executed by a fidelity or surety company authorized to do business in this state, or other bail in the form provided by section five hundred and sixty-eight of the code of criminal procedure, such bond or undertaking to be in an amount not exceeding one hundred dollars, if the charge be for a misdemeanor, except as herein provided where the charge is a violation of subdivision three of section two hundred and ninety of this article, for his appearance to answer for such violation. at such time and place as shall then be indicated. In case a person is taken into custody charged with being guilty of a felony in violation of any of the provisions of this article, such bond or undertaking shall be in an amount not less than one thousand dollars. On giving his personal undertaking to appear to answer any such violation at such time and place as shall then be indicated, secured by the deposit of a sum of money equal to the amount of such bond or undertaking, or in lieu thereof, in case the person taken into custody is the owner, by leaving the motor vehicle, or in case such person taken into custody is not the owner, by leaving the motor vehicle as herein provided with a written consent given at the time by the owner who must be present, with such officer; or in case such person is taken into custody because of a violation of any of the provisions of this article other than on a charge of violating any of the provisions of subdivision three of section two hundred and ninety and such officer is not accessible, be forthwith released from custody on giving his name and address to the person making the arrest and depositing with such arresting officer the sum of one hundred dollars, or in lieu thereof, in case the person taken into custody is the owner, by leaving the motor vehicle, or, in case such person taken into custody is not the owner, by leaving the motor vehicle with a written 66 2 Words except as herein provided where the charge is a violation of subdivision three of section two hundred and ninety of this article," new. consent at the time by the owner who must be present; provided that, in any such case, the officer making the arrest shall give a receipt in writing for such sum or vehicle deposited and notify such person to appear before the most accessible magistrate, describing him, and specifying the place and hour. In case such bond or undertaking shall not be given or deposit made by the owner or other person taken into custody, the provisions of law in reference to bail, in case of misdemeanor, shall apply, where the charge is a violation of subdivision three of section two hundred and ninety of this article, the provisions of law in reference to bail in cases of a misdemeanor or a felony as the case may be shall apply exclusively. 3. This act shall take effect immediately. Chap. 2. AN ACT making an appropriation to provide for the compenзation and expenses of persons appointed by the governor to examine and investigate departments, boards, bureaus and commissions of the state. Became a law January 21, 1913, 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 fifty thousand dollars ($50,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the compensation of persons appointed by the governor to examine and investigate departments, boards, bureaus and commissions of the state, and for expenses necessarily incurred in the examinations or investigations of such departments, boards, bureaus and commissions, including services of assistants and stenographers, pursuant to section eight of the executive law. § 2. This act shall take effect immediately. L. 1909, ch. 41, § 18, as L. 1911, ch. 281, amended. Chap. 3. AN ACT to amend the military law, in relation to the adjutantgeneral of the state. Became a law January 29, 1913, 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 eighteen of chapter forty-one of the laws of amended by nineteen hundred and nine, entitled "An act in relation to the militia, constituting chapter thirty-six of the consolidated laws," as amended by chapter two hundred and eighty-one of the laws of nineteen hundred and eleven, is hereby amended to read as follows:1 § 18. The adjutant-general of the state, his pay, assistants and employees. The adjutant-general of the state shall have such assistants, and such clerks, employees and laborers as may be necessary from time to time who shall be appointed and shall be removed by him at his discretion, and any officer, who is such an assistant, may be rendered supernumerary by the governor at any time. He may by a writing filed in his office designate any one of his assistants to act as the adjutant-general of the state in the absence of the latter from the capital city of the state or in case of his inability to perform the duties of his office. There will be allowed to the adjutant-general of the state for his salary five thousand five hundred dollars annually. There shall be allowed annually fifteen thousand three hundred dollars or so much thereof as may be necessary for the salaries of the assistants. Necessary traveling expenses and subsistence of the adjutant-general of the state and his assistants when traveling on duty and under orders as well as the office expenses, clerical services and labor will also be allowed. The adjutant-general of the state may require his assistants or any of them to give bonds with sufficient surety in not exceeding fifteen thousand dollars each to the people of the state conditioned for the faithful discharge of their duties, such bonds to be approved by the governor and comptroller and filed in the latter's office. § 2. All acts or parts of acts inconsistent with this act are hereby repealed. § 3. This act shall take effect immediately. 1 Section materially amended. |