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to final effect in the court of claims, in the same manner as if instituted in that court, unless it shall be otherwise specially provided by law; and all records of the board of claims are hereby transferred to and shall become and be the records of the court of claims.

§ 6. This act shall take effect immediately.

SCHEDULE OF LAWS REPEALED.

Laws of 1883.....

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205.... All.... Establishing board of claims and defining its powers and duties. 1884...... 60.... All.... Amends L. 1883, ch. 205, §§ 2, 4,

6, 7, 9-11, 13.

1884...... 85.... All.... Jurisdiction relative to claims for animals killed.

1885...... 355.... All.... Returns on appeals from decisions of old board of canal appraisers. Amends L. 1883, ch. 205, § 10. Amends L. 1883, ch. 205, §§ 2, 3, 5, 16.

1887...... 50%.... All....
1888......
365.... All....

1889.....

All....

68.... All....

Amends L. 1883, ch. 205, §§ 2, 13. 1889..... 522.... All.... Salary of marshal of board of

1890...... 403.... All.... 1893... 425.... All.... 1896...... 451.... All....

claims.

Amends L. 1883, ch. 205, § 2.
Amends L. 1883, ch. 205, § 12.
Amends L. 1883, ch. 205, §§ 10,

11.

Chap. 37.

AN ACT to amend the code of civil procedure, relative to the right of inheritance of illegitimate children.

Became a law March 9, 1897, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twenty-seven hundred and thirty-two of the code of civil procedure is hereby amended by adding thereto a new subdivision to be known as subdivision fifteen, and to read as follows:

15. If a woman die, leaving illegitimate children, and no lawful issue, such children inherit her personal property as if legitimate. § 2. This act shall take effect immediately.

Chap. 38.

AN ACT to amend section twelve hundred and seventy-three of the

code of civil procedure, with respect to confessions of judgment by married women.

Became a law March 9, 1897, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twelve hundred and seventy-three of the code of civil procedure is hereby amended so as to read as follows:

§ 1273. A judgment by confession may be entered, without action, either for money due or to become due, or to secure a person against contingent liability in behalf of the defendant, or both, as prescribed in this article. A married woman may confess such a judgment.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

Code

amended.

papers.

Chap. 40.

AN ACT to amend section seven hundred and ninety-seven of the code of civil procedure.

Became a law March 9, 1897, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section seven hundred and ninety-seven of the code of civil procedure is hereby amended so as to read as follows:

§ 797. Where the service is not personal, it may be made as fol lows:

Service of 1. Upon a party or an attorney, through the post-office, by depositmode of. ing the paper, properly inclosed in a post-paid wrapper, in the postoffice or in any post-office box regularly maintained by the government of the United States and under the care of the post-office of the party, or the attorney serving it, directed to the person to be served at the address, within the state, designated by him for that purpose, upon the preceding papers in the action; or, where he has not made such a designation, at his place of residence, or the place where he keeps an office, according to the best information which can conveniently be obtained concerning the same.

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2. Upon an attorney, during his absence from his office, by leaving the paper with his partner or clerk therein, or with a person having charge thereof.

3. Upon an attorney, if there is no person in charge of his office, and the service is made between six o'clock in the morning and nine o'clock in the evening, either by leaving it, in a conspicuous place in his office, or by depositing it, inclosed in a sealed wrapper, directed to him in his office letter-box; or, if the office is not open, so as to admit of leaving the paper therein, and there is no office letterbox, by leaving it at his residence, within the state, with a person of suitable age and discretion.

4. Upon a party, by leaving the paper at his residence within the state, between six o'clock in the morning and nine o'clock in the evening, with a person of suitable age and discretion.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

Chap. 42.

AN ACT to amend the penal code by adding a section to be known as section four hundred and twelve.

Became a law March 9, 1897, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. The following section is hereby added to and made Code a part of the penal code to be known as section four hundred and twelve thereof.

or adminis

narcotic

etc.

§ 412, subdivision 1. A person (other than a duly licensed phy- Possession sician or surgeon engaged in the lawful practice of his profession) tering of who has in his possession any narcotic or anaesthetic substance, substance, compound or preparation, capable of producing stupor or unconsciousness, with intent to administer the same or cause the same to be administered to another, without the latter's consent, unless by direction of a duly licensed physician, is guilty of a felony, punishable by imprisonment in the state prison for not more than ten years. 2. The possession by any person (other than as exempted in the foregoing subdivision) of any such narcotic or anaesthetic substance or compound, concealed or furtively carried on the person, is presumptive evidence of an intent to administer the same or cause the same to be administered in violation of the provisions of this section. § 2. This act shall take effect immediately.

Reappropriation.

Chap. 43.

AN ACT to reappropriate the unexpended balance of the appropriation for the improvement of the Erie, Champlain and Oswego canals; and to provide for the increase of the sinking fund.

Became a law March 9, 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:

Section 1. The sum of three million one hundred and seventynine thousand one hundred and twelve dollars and fifty-five cents, being the unexpended balance of the sum of four million dollars. appropriated by chapter seventy-nine of the laws of eighteen hundred and ninety-five, for the improvement of the Erie, Champlain and Oswego canals, is hereby reappropriated for the same purpose. Transfer of § 2. In addition to the provision which the comptroller is required to make for the sinking fund created by the second section of said act, he shall transfer to the said sinking fund the interest accruing on deposits of moneys received from the sale of the bonds. therein authorized.

interest to

sinking fund.

§ 3. This act shall take effect immediately.

Jurisdiction to hear claim.

Determina

tion and award.

Chap. 45.

AN ACT to confer upon the board of claims jurisdiction to hear,
audit and determine the claim of the village of Watkins, for
moneys expended in improving Glen creek in said village.

Became a law March 10, 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:

Section 1. Jurisdiction is hereby conferred upon the board of claims to hear, audit and determine the alleged claim of the village of Watkins for moneys expended in improving Glen creek in said. village.

§ 2. If the facts proved before the board of claims shall establish a just claim in favor of the village of Watkins, against the state, for moneys so expended in improving said creek, the board shall determine the amount of money so expended, and shall award therefor such sum as may be just and equitable not exceeding the sum of two thousand dollars. Such claim must be filed within one year after passage of this act.

from

§ 3. Either party may take an appeal to the appellate division of Appeal the supreme court of the third department, from any award made award. under the authority of this act, provided such appeal be taken by service of a notice of appeal within thirty days after service of a copy of the award.

§ 4. This act shall take effect immediately.

Chap. 47.

AN ACT to amend section one of chapter four hundred and sixty-
eight of the laws of eighteen hundred and ninety-four, being
"An act to provide for the establishment of a home for the aged
and dependent veteran and his wife, veterans' mothers, widows,
and army nurses, residents of New York," and making an appro-
priation therefor.

Became a law March 10, 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 one of chapter four hundred and sixty-eight Act of the laws of eighteen hundred and ninety-four is hereby amended so as to read as follows:

ment of

§ 1. There shall be established in this state a home for the aged Establishdependent veteran and his wife, veterans' mothers, widows, and home. army nurses, which shall be located within the state at a point which shall be determined as hereinafter provided, said home to be known as "New York State Woman's Relief Corps Home."

tion for

ance.

§ 2. The sum of seven thousand dollars, or so much thereof as Appropria may be necessary, is hereby appropriated out of any money in the maintentreasury not otherwise appropriated, to be paid by the treasurer on the warrant of the comptroller, for the maintenance of said institution for the fiscal year ending September thirty, eighteen hundred and ninety-seven.

§ 3. This act shall take effect immediately.

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