idence, by street and number, of the owner or owners of such tenement house or building. If such construction, alteration, or conversion is proposed to be made by any other person than the owner of the land in fee, such statement shall contain the full name and residence, by street and number, not only of the owner of the land, but of every person thus interested in such tenement house. The statements and affidavits herein provided for may be made by the owner, or the person who proposes to make the construction, alteration, or conversion, or by his agent or architect. No person, however, shall be recognized as the agent of the owner unless he shall file with such officer a written instrument signed by such owner, designating him as such agent. Such specifications and statements shall be filed with such officer and shall be deemed public records, but no such specifications or statements shall be removed from the custody of such officer. Such officer shall cause all such plans and specifications to be examined, and if such plans and specifications conform to the provisions of this act and to the building ordinances and regulations, they shall be approved by such officer, and a written certificate to that effect shall be issued to the person submitting the same. The officer may, from time to time, approve changes in any plans and specifications previously approved by him; provided, that the plans and specifications when so changed shall be in conformity with law. The construction, alteration, or conversion of such tenement house, building, or structure, or any part thereof, shall not be commenced until the filing of such specifications, plans, and statements, and the approval thereof, as above provided. issued before ten pied. SEC. 26. No building hereafter constructed as, or altered Certificate to be into, a tenement house, shall be occupied, in whole or in part, ement house occufor human habitation until the issuance of a certificate by the officer aforesaid that such building conforms in all respects to the requirements of this act. Such certificate shall be issued within ten days after written application therefor, if such building, at the date of such application, shall be entitled thereto. rent prohibited twenty-six is not SEC. 27. If any building hereafter constructed as, or al- Recovery for tered into, a tenement house be occupied in whole or in part where section for human habitation in violation of section twenty-six, dur-complied with. ing such unlawful occupation no rent shall be recoverable by the owner or lessee of such premises for such period, and no action or special proceedings shall be maintained therefor. Powers of local health and fire abrogated or im-. paired. SEC. 28. Nothing in this act shall be construed to abrogate department not or impair the powers of a local department of health, the fire department, or of the courts or any other lawful authority, to enforce any provisions of any city charter or building ordinances and regulations not inconsistent with this act, or to prevent or punish violations thereof. Enforcement of act. Penalty. Duty of commissioner of labor statistics. SEC. 29. It shall be the duty of every inspector of buildings, fire marshal, or other person authorized to issue building permits, by whatever name known, to enforce the provisions of this act, and to report all violations thereof to the proper prosecuting officer. SEC. 30. Every owner or lessee of land, and every builder or architect who shall authorize, make, or approve any construction or alteration of any building in violation of the provisions of this act, shall be fined not less than twenty-five dollars nor more than five hundred dollars, and if any violation of any of said provisions remains uncorrected, the violator shall be subject to a renewal of the foregoing penalty every thirty days until the violation is corrected. SEC. 31. It shall be the duty of the commissioner of labor statistics to collect, keep on file in his office, and at his discretion publish data to be furnished by the officers charged in the several cities and boroughs with the execution of this act, showing the number of tenement houses for which permits have been asked, the number of plans approved, disapproved, and modified, and any other facts concerning the operation of the law. The records and files of said officers shall at all times be open to the commissioner of labor statistics for the purposes provided herein. Printed copies of this act and blank forms needed to carry out the provisions of this section and of section twenty-six of this act shall be supplied to the building inspectors of the several cities and boroughs by the commissioner of the bureau of labor statistics. SEC. 32. This act shall take effect from its passage. Approved, September 12, 1911. [Substitute for House Bill No. 45.] CHAPTER 242. An Act concerning Limit of Damages for Causing Death. Be it enacted by the Senate and House of Representatives in ies resulting in SECTION 1. Section four of chapter 193 of the public acts Actions for injurof 1903 is hereby amended to read as follows: In all actions death. surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or otherwise, such executor or administrator may recover, from the party legally in fault for such injuries, just damages, not exceeding ten thousand dollars. No action shall be brought upon this statute but within one year from the neglect complained of. SEC. 2. The passage of this act shall in no way affect Actions to which causes of action arising before this act takes effect. Approved, September 12, 1911. this act does not apply. [Substitute for Senate Bill No. 93.] CHAPTER 243. An Act concerning Corrupt Practices at Elections, Be it enacted by the Senate and House of Representatives in ply to election cers. SECTION 1. Section one of chapter 253 of the public acts Provisions to ap of 1909 is hereby amended to read as follows: Except as other- of certain offiwise provided by law, the provisions of this act shall apply to the election of all officers for whom ballots shall be cast, to the election of all officers to be voted for by the general assembly, by the board of aldermen or the common council of any city, by the warden and burgesses of any borough, to all caucuses and primary elections preliminary to any such election, to school district elections, and, except as hereinafter provided, to all candidates to be voted for at such elections, caucuses, and primary elections. The term "caucuses and primary elections" shall include: (a) all meetings Election expenses limited. not to apply. and elections held to nominate a candidate for office or to elect delegates to a nominating convention; (b) nominating conventions of such delegates; and (c) caucuses of members of the general assembly, of the board of aldermen or common council of any city, and of the warden and burgesses of any borough. SEC. 2. Section four of said chapter 253 is hereby amended When provisions to read as follows: No person other than a treasurer or political agent shall pay any of the expenses of any election, caucus, or primary election, except that a candidate may pay his own expenses for postage, telegrams, telephoning, stationery, printing, the advertising in or distribution of newspapers being excepted, expressage, and traveling; but the provisions of this section shall not apply to non-partisan election and ante-election expenses paid out of the public moneys of the state or of any town, city, or other municipality. No contributions, prohibited. tions or payments or favors of any kind shall be made or offered by, or solicited from, any private corporation to promote the success or defeat of any candidate for public office or of any political party or principle, or for any other political Contributions or payments by private corpora Sworn statement to be filed by fifteen days. purpose. SEC. 3. Every candidate for public office, except a cancandidate within didate for the office of justice of the peace, grand juror, constable, bailiff, tree warden, or auditor, but including candidates for the office of senator in the congress of the United States, shall, within fifteen days after the election at which he was a candidate, file with the secretary of the state, if a candidate for senator or representative in congress, or any state, county, or probate office, or state senator, but with the town clerk of the town in which he resides if he was a candidate for representative in the general assembly, or for a town, city, ward, borough, or school district office, an itemized sworn statement, setting forth in detail all the moneys contributed, expended, or promised by him to aid and promote his nomination or election, or both, as the case may be, or for any other political purpose, and all existing unfulfilled promises or liabilities in that connection remaining uncanceled and in force at the time such statement is made, whether such expenditures, promises, or liabilities were made or incurred before, during, or after such election. If no money or other valuable thing was given, paid, expended, contributed, or promised, and no unfulfilled liabilities were incurred by a candidate for public office to aid or promote his nomination or election, or for any political purpose, he shall, within fifteen days after the election at which he was a candidate, file a statement to that effect. Any candidate who shall 1911.] CORRUPT PRACTICES AT ELECTIONS, CAUCUSES, AND PRIMARIES. fail to file such a statement within the time required shall be fined twenty-five dollars for every day on which he is in default, unless he shall be excused by the court. Twenty days after any such election the secretary of the state or the town clerk, as the case may be, shall notify the proper prosecuting officer of any failure to file such a statement on the part of any candidate, or treasurer, or agent, and within ten days thereafter such prosecuting officer shall proceed to prosecute for such offense. Every unsuccessful candidate for nomination for any public office, candidates for which are hereinbefore required to file statements, shall, if he knew of such candidacy, file with the proper officer, within fifteen days after the election at which candidates for the office for nomination for which he was a candidate were voted for, such an itemized sworn statement as is hereinbefore required of candidates for public office, and if he fails so to do he shall be fined twentyfive dollars for each day on which he is in default, unless he shall be excused by the court. The secretary of the state or the town clerk, as the case may be, shall give the same notification of failure to file statements of candidates for nomination, and prosecuting officers shall proceed thereon, as provided in the case of candidates for office. 1537 candidates out SEC. 4. The payments, expenditures, promises, and lia- Payments, expenditures and bilities which any candidate for nomination to any public liabilities of office, except senator of the United States, may make or incur, side of personal directly or indirectly in aid of such nomination, exclusive of expenditures, limthe personal expenditures specifically mentioned in said chapter 253, shall not exceed in the whole ten dollars for each one thousand (or major portion thereof) registered voters who voted at the last preceding election for the candidate of the same political party and for the office for which such candidate seeks a nomination. The payments, expenditures, promises, and liabilities which any candidate for election to any public office, except senator of the United States, may make or incur, directly or indirectly, in aid of such election, exclusive of the personal expenditures specifically mentioned in said chapter 253, shall not exceed in the whole fifteen dollars for each one thousand (or major portion thereof) registered voters qualified to vote for the office in question at the next preceding election, except that such candidate may expend twenty-five dollars for such purposes. The payments, expenditures, promises, and liabilities which any candidate for senator of the United States may make or incur, directly or indirectly, in aid of the nomination or election, or both, shall not exceed one-third of the salary of said office for one year. |