Proviso. and in all other respects complying with the requirements of the Chap, 248. AN ACT to amend section twenty-six hundred and six of the code Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section twenty-six hundred and six of the code of § 2606. Accounting by executor, et cetera, of deceased executor. Where an executor, administrator, guardian or testamentary trustee dies, the surrogates' court has the same jurisdiction, upon the petition of his successor, or of a surviving executor, administrator or guardian, or of a creditor, or person interested in the estate, or of a guardian's ward, or the legal representative of a deceased ward, or a surety upon the official bond of the decedent, or the legal representative of a deceased surety, to compel the executor or administrator of the decedent to account, which it would have against the decedent if his letters have been revoked by a surrogate's decree. And an executor or administrator of a deceased executor, administrator, guardian, or testamentary trustee may voluntarily account for any of the trust property which comes to his possession, and upon his petition such successor or surviving executor, administrator, or guardian or other necessary party shall be cited and required to attend such settlement. With respect to the liability of the sureties in, and for the purpose of maintaining an action upon the decedent's official bond, a decree. against his executor or administrator, rendered upon such an ac counting, has the same effect as if an execution issued upon a surrogate's decree against the property of decedent had been returned unsatisfied during decedent's life-time. So far as concerns the executor or administrator of decedent, such a decree is not within the provisions of section twenty-five hundred and fifty-two of this act. The surrogate's court has also jurisdiction to compel the executor or administrator at any time to deliver over any of the trust property which has come to his possession or is under his control, and if the same is delivered over after a decree, the court must allow such credit upon the decree as justice requires. § 2. This act shail take effect September first, eighteen hundred and ninety-seven. Chap. 249. AN ACT to further amend chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act to amend title sixteen, chapter eight, part three, of the revised statutes, relative to proceedings for the drainage of swamps, marshes, and other low or wet lands, and for draining farm lands," and acts amendatory thereof and supplementary thereto. Became a law April 15, 1897, 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: amended. Section 1. Section eleven of chapter eight hundred and eighty- Act eight of the laws of eighteen hundred and sixty-nine, entitled "An act to amend title sixteen, chapter eight, part three of the revised statutes, relative to proceedings for the drainage of swamps, marshes and other low and wet lands, and for draining farm lands," as amended by section two, of chapter three hundred and twentyone of the laws of eighteen hundred and ninety-two, is hereby further amended so as to read as follows: collection ments. § 11. The said commissioners shall within thirty days after filing Levy and said statement, in case the same is not appealed from, and within of assessthirty days after notice of the final determination of the appellate court thereon, in case the same is appealed from, levy the assessments herein provided for in one sum or annually thereafter until said sum is paid, and proceed to collect the same. In cases where any persons have been awarded land damages, such damages shall be deducted from the assessment, and only the balance shall Towns and be collected. In case it is determined that any town or village shall villages may bor row money. sessments. sale of bonds. pay any part of such sum, the supervisor of such town, or the board. of trustees of such village, is authorized to borrow money on the credit of the town or village, as the case may be, to pay the same, or any instalment thereof, and the board of supervisors shall at their next ensuing annual meeting include the amount assessed on any town in the next tax levy on said town, together with any sum to be paid by said county, which shall be included in the sum to be raised for such county. Money so borrowed shall be upon obligation of the village or town issued at not less than par, bearing interest at six per centum, payable out of the moneys raised by tax levy as aforesaid, and receivable in payment of such Annual as taxes. In case it is determined that said assessments shall be levied annually, the said commissioners shall also determine the amount of each annual assessment, and shall certify such amounts to the supervisor of the town in which the lands to be assessed are located, Issue and and the supervisor of such town shall thereupon immediately issue bonds of the town to the total amount named in said statement filed by said commissioners, and so certified by them to him, such bonds to bear interest at six per centum per annum, to be sold for not less than par, and shall be paid out of the moneys collected from the assessments against said lands as determined by said commissioners and included in their said statement filed as aforesaid, and the amounts of such assessments shall be collected annually from the property assessed, in such instalments as determined by said commissioners, together with the interest accrued on such town bonds for such amounts as other town taxes are collected. Such bonds shall be issued in several series, each series made payable at such time and equal to such amount, as shall correspond with the annual instalments as certified to said supervisor by said commissioners. Said bonds or the proceeds from the sale of said bonds as said commissioners shall direct in writing, shall immediately be delivered by said supervisor to the treasurer of said commission, and said commissioners shall thereupon be discharged of all duty respecting the collection of said annual instalments and shall thereupon imApplica mediately, from the proceeds derived from the sale of said bonds. ceeds from at not less than par, pay all obligations incurred by them for drainbonds. ing said lands, authorized by this act, included in the statement filed by them, including such evidences of indebtedness as they may have theretofore issued in pursuance of the authority contained in section eight of this act. The court in which the proceeding is tion of pro sale of court to en. pliance. pending shall have jurisdiction, by mandamus, upon the petition Power of of any party aggrieved to enforce the prompt compliance of any of force comthe provisions of this section on the part of any official charged therewith. tion act. § 2. This act shall apply to all proceedings instituted in pursu- Applica ance of chapter eight hundred and eighty-eight of the laws of eighteen hundred and sixty-nine, prior to the passage of this act and not concluded at the time of its passage, as well as to all such proceedings that may hereafter be instituted. Chap. 250. AN ACT to amend the fish, game and forest law, in relation to fish- Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five, to read "An act relating to game, fish and wild animals, and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five, is hereby amended by adding thereto, after section one hundred and thirty-two, a new section to be numbered one hundred and thirty-three and to read as follows: § 133. Fishing in certain waters in Warren county.-No person or persons shall attempt to fish, catch or attempt to catch fish of any kind in any manner or with any device whatever in or from any of the following named waters, viz.: East brook and West brook, or from any of the tributaries of said East brook or to said West brook, in the town of Caldwell, Harris or Edmund brook, Indian brook and Finkle brook in the town of Bolton, Warren county, at any time within two years after the passage of this act. No per son or persons shall fish or attempt to fish in any manner or with any device in or from the waters of Lake George or in or from Glen lake or from any of the tributaries of said lakes in Warren county, any pike-perch or any great northern pike, between the first day of January and the fifteenth day of June in each year, or bull-heads, between the first day of January and the first day of July of each year, nor black bass or Oswego bass from any of the waters in the town of Horicon, between the first day of January and the tenth day of July of each year. Provided, however, that perch may be caught by angling in the waters of Lake George at any time. Whoever shall violate or attempt to violate any of the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of fifty dollars for each violation and ten dollars for each fish caught, killed or possessed contrary to any of the provisions of this section. § 2. All acts and parts of acts inconsistent with this act are hereby repealed. § 3. This act shall take effect immediately. Jurisdiction to hear claim. Chap. 251. AN ACT conferring jurisdiction upon the board of claims to hear, Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Jurisdiction is hereby granted to and conferred upon the board of claims to hear, audit and determine the claim of Hannah E. Gilbert, owner of lands situate in the village of Horseheads, Chemung county, New York, for damages caused by the flooding of said lands, injuring and destroying foundations of buildings and embankments thereon and compelling the erection of new embankments for her protection, at the expense of said owner, alleged to have been occasioned by changing the course and bed of Newtown creek, in said village of Horseheads, by the officers and agents of the state, and by their negligent acts, and negligent failure to properly dock said creek and protect said owner and her property adjacent thereto, from injury by the waters thereof. |