« 上一頁繼續 »
R. S., 1st ed., p. 1175 et seq. Excepting SS 5 and 11, the act was repealed by L. 1895,
c. 559. Now to be chartered under the Membership Corporations Law. See also Corporations, SS 2, 5; Firemen; Fires; Tax Law, $ 4; Villages, SS 60–826.
FIRE ISLAND. Note.— The old Fire Island hotel and part of Fire island were purchased by Governor Ros
well P. Flower for quarantine purposes in September, 1892. By L. 1893, c. 111, the state assumed the contract and directed the commissioners of the land office to sell the property if no longer necessary for quarantine purposes.
FIREMEN. 1 Firemen removing from one city to another. The firemen of the different cities within this state, in case of removal from one city to another, shall be allowed the time which they may have served as such firemen in the city they left, in the city to which they have removed, upon producing a certificate of such service, signed by the chief engineer of the city so left, and being reappointed a fireman in the city to which they have removed. L. 1835, c. 243, § 1.
2 Term of same, how reckoned. When every such fireman shall have served as such for so long a time thereafter as shall make the whole term of service the same as required by law of firemen residing in the city removed to, they shall be entitled to all the privileges and exemptions now secured by law to the firemen of the cities of Albany and New York. Id., § 2.
$ 2 repeals L. 1848, c. 100, which is the act that, by its title, this act purports to amend. Note.-L. 1884, c. 234, regulates the grade and pay of firemen in cities having by last census
over 800,000 inhabitants, and thus can refer only to New York city; see also L. 1892,
c. 710, and L. 1895, c. 269. PassES FOR; see Railroad Law, SS 101a, 1016. EXEMPTIONS OF; see Military Code, SS 2, 4; Trials, SS 52, 53, 103, 104, 146, 147; Villages,
S8 61, 72, 73, 93.
Railroad Law, SS 42a, 188.
FIRES. 1 Investigation into the origin of fires in certain cases; what officers to investigate and when. Whenever it shall be made to appear by the affidavit of a credible witness, that there is ground to believe that any building has been maliciously set on fire, or attempted to be, any coroner, sheriff or deputy sheriff of the county in which such crime is supposed to have been committed, to whom such affidavit shall be delivered, and who shall be requested in writing by the president, secretary, or agent of any insurance company, or by two or more reputable freeholders to investigate the truth of such belief, shall do so without delay. L. 1857, c. 504, $ 1.
2 Powers of officer. For this purpose he shall possess all the powers conferred upon coroners for the purpose of holding inquests by the first four sections* of article first of title seventh of chapter second of part fourth of the revised statutes. Id., $ 2.
3 Inquisition of jury. The jury, after inspecting the place where the fire was or was attempted, and after hearing the testimony, shall deliver to the officer holding such inquest their inquisition in writing, to be signed by them, in which
* Repealed by L. 1886, c. 593, § 1, T 4 (2); but see Coroners, SS 12–15.
they shall find and certify how, and in what manner such fire happened or was attempted, and all the circumstances attending the same, and who were guilty thereof, either as principal or accessory, and in what manner. But if such jury shall be unable to ascertain the origin and circumstances of such fire, they shall find and certify accordingly. L. 1857, c. 504, § 3.
4. Binding witnesses to appear; arrest of accused party. If the jury find that any building has been designedly set on fire, or has been attempted so to be, the officer holding such inquest shall bind over the witnesses to appear and testify at the next criminal court, at which an indictment for such offence can be found, that shall be held in the county. And in such case, if the party charged with any such offence be not in custody, the officer holding such inquest shall have power to issue process for his arrest in the same manner as justices of the peace. Id., $ 4.
5 Examination of accused. The officer issuing such process shall have the same power to examine the party arrested as is possessed by a justice of the peace, and shall in all respects proceed in like manner. Id., § 5.
6 Return of testimony, etc. The testimony of all witnesses examined before the jury under this law, shall be reduced to writing by the officer holding the inquest, and shall be returned by him, together with the inquisition of the jury, and all recognizances and examinations taken by such officer, to the next criminal court of record that shall be held in such county. Id., $ 6.
7 Compensation. The compensation of the officers holding such inquest, and their actual and necessary expenses under this act, shall be fixed, audited, and paid in the same manner as the compensation and actual and necessary expenses of coroners are now provided for by law. Id., $ 7.
8 Limitation of act. This act shall not extend to the cities of New York, Brooklyn and Buffalo. Id., $ 8.
9 Negligently managing and refusing to extinguish fires. A person who:
1. Willfully or negligently sets fire to, or assists another to set fire to any waste or forest lands belonging to the state or to another person whereby such forests are injured or endangered; or
2. Negligently sets fire to his own woods, by means whereof the property of another is endangered; or
3. Negligently suffers any fire upon his own land to extend beyond the limits thereof; or
4. Having been lawfully ordered to repair to a place of a fire in the woods, and to assist in extinguishing it, omits without lawful excuse to comply with the order,
Is guilty of a misdemeanor. Pen. Code, $ 413, as am'd L. 1892, c. 692, and L. 1893, c. 692; subd. 4 was formerly 8 414 of Pen. Code.
10 Obstructing attempts to extinguish fires. A person who at any burning of a building is guilty of any disobedience to lawful orders of a public officer or fireman, or of any resistance to, or interference with, the lawful efforts of a fireman or company of firemen, to extinguish the same, or of any disorderly conduct likely to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor. Pen. Code, § 414, as am'd L. 1892, c. 692, formerly § 415 of Pen. Code.
69 Hun, 559.
SS 271. 275-281.
In Towns; see Town Law, $ 171.
IN VILLAGES; see County Law, S 37; Villages, SS 45, 60–82. TENANTS OF BUILDINGS DESTROYED BY, NEED NOT PAY RENT; see Real Property Law,
FIRE COMMISSIONERS; see County Law, 8 37.
Public Buildings Law, $ 59.
See also Arson; Domestic Commerce Law, SS 21-27; Fire Companies ; Firemen ; Gas; Oils.
For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1788, c 71 ; L. 1801, Revised Acts (1 K. & R. 146); i R. L. 1818, p. 123.
FISCAL YEAR. See Insurance Law, SS 44, 50; State Charities Law, § 40; State Funds, ss 320-34; Town Law, $ 228. THE FISHERIES, GAME AND FOREST LAW, AS Am'd L. 1895,
cs. 395 AND 974 (BEING CHAPTER 31 OF THE GENERAL Laws).
II. GAME PROTECTORS' POWERS AND DUTIES.
ARTICLE I, as Am'd L. 1895, c. 395.
Fisheries, Game and Forest Commission. § 1. Short Title of Chapter.
2. Fisheries, Game and Forest Commissioners, how Appointed.
1 Short title of chapter. This chapter shall be known as the fisheries, game and forest law. L. 1892, c. 488, § 1.
2 Fisheries, game and forest commissioners; how appointed. The governor shall appoint, by and with advice and consent of the senate, five commissioners who shall constitute the board of fisheries, game and forest. Id., § 2.
3 Terms of office of commissioners. The terms of office shall be five years. The governor shall nominate and appoint, by and with the advice and consent of the senate, one of the commissioners to be president of the commission. The commissioners shall designate one of their number as shell-fish commissioner, who shall have entire charge of the shell-fish work of the commission and shall certify to the commission as to whether the grounds applied for are beds of oysters of natural growth. The commissioners shall also designate one of their number to act as secretary of the board, and may remove him at their pleasure, who shall perform the duties of secretary without extra compensation and who, while so assigned, shall devote his entire time to the work of the commission. Id., § 3, as am'd L. 1896, c. 169.
4 Compensation and expenses of commissioners. The president shall receive an annual salary of three thousand dollars. Each of the remaining commissioners shall receive an annual salary of two thousand five hundred dollars, and each member of said board shall also receive, in addition thereto, the sum of eight hundred dollars for traveling expenses, to be paid in monthly installments. L. 1892, c. 188, § 4, as am'd L. 1896, c. 169.
5 Fish culturist. The board of commissioners shall appoint a fish culturist not one of their number, who shall be known as the state fish culturist, and who shall have charge under the direction of the commission, of the culture of all fish in the state, and who shall receive an annual salary of three thousand dollars and necessary traveling expenses. Id., § 5, as am'd L. 1896, c. 169.
6 office and clerical force. The board shall have an office in the capitol at Albany, and shall hold meetings at such office at least once each month upon such dates as they may determine, and at such other times and places as the commissioners shall appoint for the transaction of business. The commission is empowered to lease an office in the city of New York or Brooklyn for the transaction of business connected with the sale or lease of lands under water as provided by law. It shall be allowed an assistant secretary at one thousand eight hundred dollars per annum, and expenses not to exceed two hundred dollars payable monthly, and such other clerical assistance as shall be actually needed, together with the necessary contingent office expenses, and the commissioners may appoint an engineer and fix his compensation. Id., § 6, as am'd L. 1896, c. 169.
7 Duties of board of commissioners. The duties of the board of commissioners shall be to propagate and distribute food and game fishes, and shell fish, and to keep up the supply thereof in the various waters of the state, and for this purpose it shall have the conduct and control of such hatching stations as are now owned or operated by the state, and such as may be hereafter established. The board of commissioners shall also be charged with the enforcement of all laws passed for the protection of fish and game, and for the protection and preservation of the forest preserve, and shall have the care, custody and control of the Adirondack park and forest preserve, and shall have all the powers and duties imposed upon them by articles twelve and thirteen of this chapter. The board of commissioners shall also have the care of all lands under water which have been designated, surveyed and mapped out, pursuant to law, for oyster beds, and power to grant franchises of such lands according to the provisions of law now enforced, or whch may be hereafter enacted. It shall also possess all the powers and perform all the duties given and imposed by this chapter and by other provisions of law. Id., $ 7.
8 Board to report annually to legislature. Such board shall annually make a full report to the legislature of all their official operations for the year ending on the thirtieth of September previous, with such suggestions and recommendations as they shall deem useful. The present commissioners shall continue to hold their offices until new appointments are made under the provisions of this act. Id., $ 8.
ARTICLE II, as Am'd L. 1895, c. 395. Fish and Game Protectors and Foresters' Powers and Duties. $ 20. Fish and Game Protectors and Foresters, how Appointed.
21. Term of Office of Fish and Game Protectors and Foresters. 22. Chief Fish and Game Protector and Forester. 23. Protectors and Foresters to Give Bonds. 24. Compensation of Protectors and Foresters. 25. Office of Chief Protector and Forester to be at the Capitol. 26. Duties of Protectors and Foresters. 27. Records and Reports. 28. Payment of Salary and Expenses. 29. Reports by Chief Protector and Forester to the Board of Fisheries, Game and
§ 30. Special Protectors.
31. Powers of Sheriffs, Constables and Deputy Sheriffs.
20 Fish and game protectors and foresters, how appointed. The fisheries, game and forest commission shall appoint thirty-five fish and game protectors and foresters, whose powers and duties are hereinafter defined, and who shall be known as fisheries and game protectors, and foresters. Id., $ 20.
21 Terms of office of fish and game protectors and foresters. Fish and game protectors and foresters so appointed, shall hold office during the pleasure of the board of commissioners, which may summarily remove any of their number and appoint another in his place. Id., § 21.
22 Chief ish and game protector, and forester. The commission shall, from time to time, designate one of such protectors as chief fish and game protector and forester, and two others as his assistants, under whatever title he may give them, and the three protectors and foresters so designated shall hold office during the pleasure of the commission; the commissioners shall further designate another protector to act as state oyster protector, and another protector to act as protector of the waters of the Thousand Islands, and the protectors so designated shall hold office during the pleasure of the board. The chief fish and game protector and forester shall have the direction, supervision and control of the entire force. Id., $ 22, as am'd L. 1896, c. 531, $ 5.
23 Protectors and foresters to give bonds. The chief protector and forester shall give a bond to the board of commissioners, with sureties in the sum of one thousand dollars, and each of the other protectors a bond with sureties in the sum of five hundred dollars, conditioned for the faithful discharge of his duties, such bond to be approved by the board of commissioners. Any action thereon shall be brought in the name of the people. Id., § 23.
24 Compensation of protectors and foresters. The compensation of the chief protector and forester shall be two thousand dollars per annum, payable monthly, and he shall be allowed his actual and necessary traveling expenses in the performance of his duty not exceeding one thousand dollars per year. The two assistant protectors and foresters shall each receive twelve hundred dollars per vear together with their traveling and incidental expenses not to exceed seven hundred and fifty dollars per year. The protector designated as state oyster protector shall receive twelve hundred dollars per year and his actual incidental and traveling expenses not exceeding four hundred and fifty dollars per year. The protector designated as protector of the waters of the Thousand Islands shall receive five hundred dollars per year and his actual, incidental and traveling expenses not exceeding four hundred and fifty dollars per year, and the thirty-one remaining protectors shall each receive five hundred dollars per annum, payable monthly. and an allowance for expenses not exceeding four hundred and fifty dollars per year, and each of the said protectors shall receive one-half of all the fines and penalties collected in actions brought upon information furnished by him after all the expenses of recovering said fines and penalties shall be paid. Id., $ 24, as am'd L. 1896, c. 531, § 6, and c. 659.
25 Office of chief protector and forester. The chief protector and forester shall have his office with the commissioner of fisheries, game and forest commission in the capitol at Albany. Id., $ 25.
26 The duties of protectors. The fish and game protectors and foresters shall enforce all the fish and game laws of the state and the provisions supplementary thereto made by boards of supervisors for the additional protection of fish and game, and all laws passed for the protection and preservation of the forest preserve, and all rules and regulations made by the commissioners of fisheries, game and forest for the care, custody and control of the forest preserve and the Adiron