prior to the time of the passage of this act, and for which the city may hold a certificate or lease, with interest at the rate of eight per centum per annum from the date of every such prior sale, respectively, and all expenses incurred thereon by the city, shall be satisfied from the proceeds of the sale of said lands as far as possible, and judgment for the deficiency, if any, must be granted against any defendant or defendants in said actions personally liable therefor; and the final judgments in said actions may direct the cancellation or satisfaction of record of any lien or liens of any party or parties to the action. No such action shall be discontinued by the court, upon motion of any defendant therein, unless it be upon condition that he pay to the city of Mount Vernon all the sums of money it would be entitled to receive in such action if it were prosecuted to judgment and sale, except that the interest and costs shall, in such event, be computed only to the date of the making of the order of discontinuance. The corporation counsel may bid for and purchase in the name of the city any lands sold upon sales under judgments in actions to foreclose tax or assessment liens. 5. Costs in any foreclosure action brought under the provisions of this act shall be in the discretion of the court. In all cases where judgment is taken by default the costs, when allowed, shall not exceed ten dollars; and in no action shall costs, when allowed, exceed fifty dollars. The award of costs in any such action shall carry with it the right to recover taxable disbursements. § 6. In any action or proceeding to which the city of Mount Vernon, or any of its officers, is a party, and in which it is claimed that any tax or assessment is due and owing to the city, or in which it is sought to collect the same, the statute of limitations shall not be a bar or defense. 7. An action shall not be maintained to recover real estate sold under a judgment in an action brought by the city of Mount Vernon to foreclose the licn of a tax or assessment, nor to recover any right, title, interest or equity of redemption in or to real estate so sold, unless the action therefor is commenced within. one year after the entry of judgment of foreclosure and sale. The limitation herein provided applies to and bars nonresident persons, persons temporarily absent from the state, minors, insane persons, persons in prison, and all other persons and corporations whether under disability or not. § 8. It shall be the duty of the clerk of arrears of taxes and assessments annually and between the first day of January and the first day of February to report to the common council the several parcels of land in the city of Mount Vernon upon which the total amount of arrears of taxes and assessments, when added to the unpaid current taxes and assessments, shall equal or exceed sixty per centum of the assessed value of such parcels as such assessed value appears upon the last preceding annual assessment roll. Whenever it shall appear to the common council by any such report from the clerk of arrears of taxes and assessments or otherwise, that the taxes, assessments, interest and charges on any lands in the city of Mount Vernon amount to a sum equal to sixty per centum of the assessed value of such lands the common council shall forthwith cause the appropriate action or actions to foreclose the liens of such taxes or assessments or the lien of any such tax or assessment to be brought as hereinbefore provided. Compliance with the provisions of this section may be compelled by mandamus at the instance of any taxpayer of the city. 9. Every grant, deed or conveyance of lands in the said city of Mount Vernon, which shall be hereafter made, must, before the same is received for recording by the register of the county of Westchester, be presented at the office of the clerk of arrears of taxes and assessments of the city, who must, without fee, note the said transfer of title in the ledger account with said land in his office, and also note the fact of such presentation upon the deed presented; but nothing herein contained affects or impairs the validity of any record in the said register's office. § 10. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 11. This act shall take effect immediately. Chap. 426. AN ACT to amend the labor law, in relation to sanitation and safety. Became a law, May 20, 1908, 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 eighty-eight of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirtytwo of the general laws," as amended by chapter three hundred and six of the laws of nineteen hundred and one and by chapter four hundred and eighty-five of the laws of nineteen hundred and seven, is hereby amended to read as follows: 88. Wash-room and water-closets. Every factory shall contain a suitable, convenient and separate water-closet or waterclosets for each sex, which shall be properly screened, lighted, ventilated, and kept clean and sanitary, and free from all obscene writing or marking; and also, suitable and convenient wash-rooms. The water-closets used by women shall have separate approaches. Inside closets shall be maintained whenever practicable and in all cases when required by the commissioner of labor. When women or girls are employed, a dressing-room shall be provided for them, when required by the commissioner of labor. In all brass and iron foundries there shall be provided and maintained for the use of employees, suitable wash-rooms with proper water service, and suitable provision for drying of the working clothes of persons using the same. § 2. Section ninety-four of article six of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven. entitled "An act in relation to labor, constituting chapter thirtytwo of the general laws," as amended by chapter one hundred and seventy-eight of the laws of nineteen hundred and six, is hereby amended to read as follows: § 94. Tenant-factories. A tenant-factory within the meaning of the term as used in this chapter is a building, separate parts of which are occupied and used by different persons, companies or corporations, and one or more of which parts is so used as to constitute in law a factory. The owner, whether or not he is also one of the occupants, instead of the respective lessees or tenants shall be responsible for the observance and punishable for the nonobservance of the following provisions of this article, anything in any lease to the contrary notwithstanding,-namely the provisions of sections seventy-nine, eighty, eighty-two, eighty-three, eighty-six, ninety and ninety-one, and the provisions of section eighty-one with respect to the lighting of halls and stairways; except that the lessees or tenants also shall be responsible for the observance and punishable for the nonobservance of the provisions of sections seventy-nine, eighty, eighty-six and ninety-one within their respective holdings. The owner of every tenantfactory shall provide each separate factory therein with waterclosets in accordance with the provisions of section eighty-eight, and with proper and sufficient water and plumbing pipes and a proper and sufficient supply of water to enable the tenant or lessee thereof to comply with all the provisions of said section. But as an alternative to providing water-closets within each factory as aforesaid, the owner may provide in the public hallways or other parts of the premises used in common, where they will be at all times readily and conveniently accessible to all persons employed on the premises not provided for in accordance with section eighty-eight, separate water-closets for each sex, of sufficient numbers to accommodate all such persons. Such owner shall keep all water-closets located as last specified at all times provided with proper fastenings, and properly screened, lighted, ventilated, clean, sanitary and free from all obscene writing or marking. Outdoor water-closets shall only be permitted where the commissioner of labor shall decide that they are necessary or preferable, and they shall then be provided in all respects in accordance with his directions. The owner of every tenant-factory shall keep the entire building well drained and the plumbing thereof in a clean and sanitary condition; and shall keep the cellar, basement, yards, areaways, vacant rooms and spaces, and all parts and places used in common in a clean, sanitary and safe condition, and shall keep such parts thereof as may reasonably be required by the commissioner of labor properly lighted at all hours or times when said building is in use for factory purposes. The term owner as used in this article shall be construed to mean the owner or owners of the freehold of the premises, or the lessee or joint lessees of the whole thereof, or his, her or their agent in charge of the property. The lessee or tenant of any part of a tenant-factory shall permit the owner, his agents and servants, to enter and remain upon the demised premises whenever and so long as may be necessary to comply with the provisions of law, the responsibility for which is by this section placed upon the owner; and his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings to recover possession of real property, as provided in the code of civil procedure. And whenever by the terms of a lease any lessee or tenant shall have agreed to comply with or carry out any of such provisions, his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings as aforesaid. Except as in this article otherwise provided the person or persons, company or corporation conducting or operating a factory whether as owner or lessee of the whole or of a part of the building in which the same is situated or otherwise, shall be responsible for the observance and punishable for the nonobservance of the provisions of this article, anything in any lease or agreement to the contrary notwithstanding. 83. This act shall take effect immediately. Chap. 427. AN ACT to amend the penal code, relative to offenses against trade-marks. Became a law, May 20, 1908, 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 three hundred and sixty-four of the penal code is hereby amended so as to read as follows: 364. Offenses against trade-marks.-A person who; 1. Falsely makes or counterfeits a trade-mark; or 2. Affixes to any article of merchandise, a false or counterfeit trade-mark, knowing the same to be false or counterfeit, or the genuine trade-mark, or an imitation of the trade-mark of another, without the latter's consent; or 3. Knowingly sells, or keeps or offers for sale, an article of merchandise to which is affixed a false or counterfeit trade-mark, |