§ 244. The city shall be regarded as a town under and for the purposes of the provisions of article two of title three of chapter ten of the code of civil procedure, respecting the return of jurors, and the supervisors and clerk of the said city shall perform the duties thereof as enjoined upon the supervisors, assessors and town clerk of the several towns of the state, except that a duplicate list of the return of jurors made by them shall be filed in the office of the clerk of the city. Each ward of the city shall be regarded as a town under the fourth article of the fourth title of the eleventh chapter of the first part of the revised statutes; and the supervisor and alderman of each ward shall be fence viewers and shall possess all the powers and authority in respect to division fences or walls in their ward, which are given by the said article to town fence viewers with respect to division fences. § 245. All officers appointed pursuant to the provisions of this act shall, upon the expiration of their respective terms, continue to hold the respective offices until a successor thereto is appointed and has qualified. Any appointed officer may be removed by the common council except as otherwise herein provided, upon specific charges in writing preferred against such officer, and filed with the city clerk, and a reasonable notice to such officer that such charges have been made, and of the time and place of a hearing thereon, upon a hearing thereon if requested, by such officer by the votes of a majority of all the members of the common council. Each appointed officer shall, within ten days after receiving such notice of his appointment, take the constitutional oath of office and qualify by executing and filing the required bond in case a bond be required of him. If any appointment of a person to fill a vacancy in an appointive office be made by the officer or by the officers, body or board of officers authorized to make appointments to the office for the full term, or by the common council, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. In case of a vacancy occurring for any reason in any appointive office before the expiration of the full term thereof, the vacancy shall be filled by the same officer or body or authority or authorities empowered to make the regular appointment for such office for the full term. Any officer elected or appointed now in, or heretofore elected to an office, not continued or provided for under this act, shall, until the term for which he was appointed or elected has expired, continue to perform the duties and be subject to all the responsibilities and liabilities provided for and imposed upon such officer by the act or law under which he was appointed, or elected, and the general laws of the state so far as may be. Any officer elected or appointed now in an office continued or provided for under this act, shall continue to hold his office until the expiration of the term for which he was elected or appointed except as herein otherwise provided, and all the provisions of this act defining and regulating the rights, powers and duties of such officers shall apply to and regulate the rights, powers and duties of such officers. All firemen may continue to be such without reappointment under this act. § 246. All ordinances and by-laws hereinbefore passed by the common council of said city, or by any board thereof, and not inconsistent with this act or with law, shall continue in full force and effect until recommended or repealed. 247. The word "person" as used in this act shall be construed to include all persons, copartnerships, companies, corporations and associations. § 248. Chapter six hundred and fifteen of the laws of eighteen hundred and ninety-four, and all acts and parts of acts amendatory thereof, or supplemental thereto, and all acts and parts of acts inconsistent with and repugnant to the provisions of this act are hereby repealed; but such repeal shall not revive any act or part thereof heretofore repealed and nothing herein contained shall be so construed as to destroy, impair, or take away any right or remedy acquired by any act hereby repealed; and all proceedings or actions commenced under such acts may be carried out and continued as though this act had not been passed except as herein otherwise provided. 249. This act is hereby declared a public act and shall take effect immediately. Chap. 478. AN ACT to amend the forest, fish and game law, in relation * possession of deer. Became a law, May 17, 1906, 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 four of chapter twenty of the laws of nineteen hundred, entitled "An act for the protection of the forests, fish and game of the state, constituting chapter thirty-one of the general laws," as amended by chapter five hundred and ninetynine of the laws of nineteen hundred, is hereby amended to read as follows: § 4. Possession of deer or venison.- Wild deer or venison shall not be possessed or sold from November twenty-fifth to September thirtieth both inclusive. Possession thereof from midnight of the fifteenth to the twenty-fourth of November shall be presumptive evidence that the same was unlawfully taken by the possessor. § 2. Section eight of such chapter is hereby amended to read as follows: § 8. Transportation.- Deer or venison killed in this state shall not be transported from or through any county, or possessed for that purpose, except as follows: One carcass or a part thereof may be transported from the county where killed when accompanied by the owner. No person shall transport or accompany more than two deer in any year under this section. Deer or venison killed in this state shall not be accepted by a common carrier for transportation from November nineteenth to September thirtieth, both inclusive, but if possession is obtained for transportation after September thirtieth and before midnight of November eighteenth, it may when accompanied by the owner lawfully remain in the possession of such common carrier the additional time necessary to deliver the same to its destination. Possession of deer or venison by a common carrier, or by any person in its employ while engaged in the business of such common carrier, unaccompanied by the owner shall constitute a violation of this section by such common carrier. This section does not apply to the head, feet or skin of deer if carried separately. § 3. This act shall take effect immediately. *So in original. Chap. 479. AN ACT authorizing the board of trustees of the village of Peekskill in the county of Westchester to appoint a building commissioner, and empowering said board to regulate and supervise the construction of buildings and matters appertaining thereto in said village. Became a law, May 17, 1906, 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 board of trustees of the village of Peekskill in the county of Westchester, are authorized and empowered by ordinance, to divide the said village into building districts, and within said districts to determine the materials of which buildings shall be constructed, and the manner and method of their construction, and to prohibit the construction of buildings of materials or in a manner that they may deem dangerous from fire or to the health of the community, or the occupants of said buildings and also to determine and regulate the method and manner of construction of theaters, opera houses, tenements, factories or shops, and to require the alteration of buildings that may be used for such purposes, or any and all other buildings within the corporate limits of the village of Peekskill, and by crdinance to regulate the size and location of rooms, hallways, stairways, and the materials of all roofs, and the material, width or thickness, depth and manner of construction of all foundations, and regulate the method of egress and ingress to all places for public assemblage, and the arrangement of the seats and aisles and the doorways of any place for public assemblage, and also the placing and construction of fire-escapes and fire walls. The said board of trustees is further authorized and empowered to regulate the height of buildings and to prohibit the projection of any building into any street or over the same, and also to regulate the material of any cornice on any building and to provide for and require that cornices be of metal, and provide for and require where it shall deem necessary, the placing of steel beams or other materials or devices for the proper strengthening of buildings. The said board may also require that there be filed with the building commissioner, the plans and specifications for all buildings, and for the alteration of all buildings, as it may deem necessary and proper, and no building shall be constructed or alterations made in any building in the village of Peekskill, without a permit issued by the building commissioner, which said permit shall be issued in the manner and in such cases as the board of trustees, by its ordinances may require, authorize and direct. § 2. Wherever any excavation in the village of Peekskill is carried to a depth of five feet below the grade of the street, and there shall be any wall or structure wholly or partly adjoining land near the intended excavation, the owner of the land on which the excavation is proposed to be made, or his duly authorized agent or the party about to make such excavation for the owner of said land, shall serve or cause to be served upon the owner or owners of the adjoining land or lands, as the case may be, or the tenant of the party in control of said adjoining land, a notice, which said notice shall recite that the intended excavation is about to take place on the land referred to in said notice, and requesting the owner or owners of said adjoining premises to take such action, steps or precaution as may be necessary to protect the building or buildings, erection or erections of whatever nature or kind that are on the adjoining lands, from any damage that may result to such buildings or erection or erections, by reason of such excavation; but wherever the said excavation shall exceed five feet in depth, then and in that case the party making the said excavation, shall cause the adjoining property to be protected from falling or destruction, at his own expense, and the said adjoining owner shall grant to him permission to do such acts upon his premises, as may be necessary to protect the same, but he shall fully restore any damage that may be done. § 3. The board of trustees of the village of Peekskill by a majority vote is hereby authorized and empowered to appoint a building commissioner hereunder who shall hold office until the first day of October, nineteen hundred and eight, or until his successor shall have been appointed and qualified, beginning with the year nineteen hundred and eight and every second year thereafter during the month of September, the board of trustees shall appoint a building commissioner hereunder for a term of two years, whose term of office shall commence on the first day of October succeeding his said appointment, and from time to time the board of trustees of the village of Peekskill by a majority |