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created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, and although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. The term recording officer, means the county clerk of the county, except in the counties of New York, Kings or Westchester, where it means the register of the county. This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.

§ 2. This act shall take effect immediately.

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Chap. 450.

AN ACT to amend the real property law, relative to conveyances. Became a law, May 16, 1905, 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 two hundred and fifty-five of chapter five hundred and forty-seven of the laws of eighteen hundred and ninety-six, entitled "An act relating to real property, constituting chapter forty-six of the general laws," is hereby amended to read as follows:

§ 255. Certificate of acknowledgment or proof.-An officer taking the acknowledgment or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence. Any conveyance which has heretofore been recorded, or which may hereafter be recorded, shall be deemed to have been duly acknowledged or proved and properly authenticated, when thirty years have

elapsed since such recording; saving, however, the rights of every purchaser in good faith and for a valuable consideration deriving title from the same vendor or grantor, his heirs or devisees, to the same property or any portion thereof, whose conveyance shall have been duly recorded before the said period of thirty years shall have elapsed or before this act shall have taken effect.

§ 2. This act shall take effect on the first day of September, nineteen hundred and five.

Act repealed.

Chap. 451.

AN ACT to repeal section fifty-one of the public lands law, relating to preferences to original owners on sales of abandoned canal lands.

Became a law, May 16, 1905, 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 fifty-one of chapter three hundred and seventeen of the laws of eighteen hundred and ninety-four, known as the public lands law, and constituting chapter eleven of the general laws, is hereby repealed.

§ 2. This act shall take effect immediately.

Chap. 452.

AN ACT to amend the state charities law, authorizing the transfer of inmates of state charitable institutions.

Became a law, May 16, 1905, 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. Article one of chapter five hundred and forty-six of the laws of eighteen hundred and ninety-six entitled "An act relating to state charities, constituting chapter twenty-six of the general laws," as amended by chapter four hundred and thirtyseven of the laws of eighteen hundred and ninety-seven and chapter three hundred and sixty-eight of the laws of eighteen hundred

and ninety-nine, is hereby amended by adding to such chapter a new section to be known as section sixteen-a, which shall read as follows:

§ 16-a. Transfers of inmates of state charitable institutions.— When in the judgment of the state board of charities, any inmate of any state charitable institution more properly belongs in a state charitable institution other than the one to which he or she was originally committed, or would be benefited by transfer to any other state charitable institution, the state board of charities with the written approval of the governor may order such transfer of such inmate. Before issuing such order the state board of charities shall notify the board of managers of the institution from which and of the institution to which such transfer is to be made, and shall afford them an opportunity to be heard. Copies of such order shall be sent to the boards of managers and the superintendents of the institution where the inmate then is and of the institution to which he or she is to be transferred. The authorities of the institution to which such inmate is to be transferred shall at the expense of such institution, provide for the conveyance of such inmate from such other state charitable institution as may be designated by the state board of charities in such order, and such inmate shall be received by the authorities of the institution to which such transfer is made. When any inmate is so transferred there shall be furnished certified copies of the commitment papers and of the record of such inmate. The board of managers of the institution to which such inmate is transferred shall have all the powers and duties in relation to such inmate, which it possesses in relation to other inmates of such institution.

§ 2. This act shall take effect immediately.

Chap. 453.

AN ACT to amend the railroad law, in relation to the protection of street railroad employees in the counties of Kings and Queens.

Became a law, May 16, 1905, 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. Article four of chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled "An act in relation to railroads, constituting chapter thirty-eight of the general laws," is hereby amended by adding thereto a new section to be one hundred and twelve and to read as follows:

§ 112. Protection of employees in the counties of Kings and Queens. Every corporation operating a street surface railroad in the counties of Kings or Queens, shall cause the front and rear platforms of every passenger car propelled by electricity, cable or compressed air, operated on any division of such railroad during the months of December, January, February and March, except cars attached to the rear of other cars, to be enclosed from the fronts of the platforms to the fronts of the hoods so as to afford protection to any person stationed by such corporation on such platforms to perform duties connected with the operation of such cars. Every corporation or person using and operating a car in violation of such section shall be liable to a penalty of twenty-five dollars per day for each car used and operated, to be collected in an action brought by the attorney-general and to be paid to the treasurer of the city of New York, or in a suit by the district attorney of the counties of Kings or Queens to be paid into the treasury of the city of New York. One-third of the cars operated by any corporation in either of the above named counties shall be equipped with the enclosures provided for in section one of this act on or before December first, nineteen hundred and five, one-third thereof after December first, nineteen hundred and five, and before December first, nineteen hundred and six, and the remaining one-third thereof after December first, nineteen hundred and six, and before December first, nineteen hundred and

seven.

§ 2. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 3. This act shall take effect immediately.

Chap. 454.

AN ACT regulating the sanitary condition of bathing estab lishments, and amending section two hundred and twelve of chapter twenty-five of the general public health laws, as amended by the laws of eighteen hundred and ninety-three; being renumbered by the laws of nineteen hundred, chapter six hundred and sixty-seven; number of section being origi nally two hundred and two.

Became a law, May 16, 1905, 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 two hundred and twelve of chapter twentyfive of the general public health laws, as amended by the laws of eighteen hundred and ninety-three, is hereby amended so as to read as follows:

§ 212. Regulating the sanitary condition of bathing establishments and the preservation of life at bathing places.-It shall be unlawful for any person to maintain, either as owner or lessee, any bathing establishment of any kind, in this state, for the accommodation of persons, for pay, or any consideration, at a point less than five hundred feet from any sewer connection emptying therein, or thereat, so as to pollute in any way, the waters used by those using or hiring bathing houses at such bathing establishments; it shall be the duty of such owner or lessee to provide separate toilet rooms, with waterclosets properly provided with sanitary plumbing, constructed in a manner approved by the local board of health and in such a way as not to contaminate the waters used by the bathers; it shall also be the duty of such owner or lessee to thoroughly wash and disinfect, or cause to be thoroughly washed and disinfected, in a manner approved by the local board of health, all bathing suits that have been hired or used, before rehiring or permitting the use of the same again; it shall be the duty of every person main

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