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Chap. 71.

AN ACT conterring jurisdiction upon the board of claims to hear
and determine the claim of Frederick C. Withers and Walter Dick-
son, composing the firm of Withers and Dickson, against the state,
and to make an award therefor.

Became a law March 18, 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:

tion to hear

Section 1. Jurisdiction is hereby conferred upon the board of Jurisdicclaims to hear and determine the alleged claim of Frederick C. claim. Withers and Walter Dickson, composing the firm of Withers and Dickson, against the state for work, labor and services alleged to have been performed, and money paid out and expended by them as architects, in preparing and drafting upon the request and under the authority of the managers of the Hudson River State Hospital at Poughkeepsie, plans and studies for the following buildings proposed to be erected on the grounds of the said Hudson River State Hospital, viz.: Annex to main building; infirmary; pavilion for convalescent women; hospital for Falkill farm; and to award thereon such sum as the said board shall deem just and reasonable, although such claim may have accrued more than two years prior to the time when it is filed.

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

§ 3. This act shall take effect immediately.

Chap. 78.

AN ACT to amend the public buildings law, re.ating to the com-
pletion of the capitol.

Became a law March 22, 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. Sections six, seven, eight, nine, ten and eleven of chapter two hundred and twenty-seven of the laws of eighteen hundred and ninety-three, entitled "An act relating to public buildings,

constituting chapter fourteen of the general laws," as amended by chapter seven hundred and thirty-seven of the laws of eighteen hundred and ninety-five, are hereby amended to read as follows:

§ 6. Capitol commissioner.—The governor, by and with the advice and consent of the senate, shall appoint, and may at his pleasure remove, an officer to be known as the capitol commissioner, who shall receive an annual salary of seven thousand five hundred dollars. Before entering on the duties of his office, he shall execute an official undertaking in the sum of fifty thousand dollars with sufficient sureties approved by the comptroller and filed in his office. In addition to his other duties, the capitol commissioner shall, without additional compensation, prepare the plans and specifications, and act as architect of all buildings constructed at the expense of the state.

§ 7. Completion of capitol.— The construction and completion of the unfinished portions of the capitol, and all its approaches, and the care and custody of the unfinished portions, and the laying out of the capitol grounds, shall be under the supervision of the superintendent of public works. He shall examine the drawings and specifications for such work as prepared and submitted by the capitol commissioner, alter the same, and if, in his judgment, desirable, approve such drawings and specifications, and indorse his approval thereof when completed to his satisfaction. He shall see that the materials furnished and the work performed are in accordance with such plans and specifications. He may continue in his employment any of the clerks and assistants appointed by the capitol commission under chapter seven hundred and thirty-seven of the laws of eighteen hundred and ninetyfive, and may employ other assistants as he deems necessary.

§ 8. Contracts - The work of completing the construction of the capitol and its approaches shall be done by contract in accordance with plans and specifications which the capitol commissioner must prepare and which must be approved by the superintendent of public works, who may determine whether such work shall be done by one contract or by two or more contracts, and may make contracts accordingly. Before letting any contract, the superintendent of public works shall publish an advertisement therefor, not less than two or more than four weeks in ten newspapers so distributed that such advertisement shall not be published in more than one newspaper in the same city, except in the city of New York, where it may be published in not more than four newspapers. Except as herein provided, a contract shall be made with the lowest responsible bidder, who will furnish security approved by the superintendent of public works for the faithful performance thereof, but such superintendent may accept such bids as he deems most favorable to the state, or he may reject all bids, if deemed unfavorable or disadvantageous to the state, or if there shall appear to be collusion between the parties, and may advertise anew for such work. Such contracts on behalf of the state

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shall be made by the superintendent of public works, but no contracts
shall be valid unless approved by the governor, and each contract
must reserve to the governor the right to declare it forfeited when, in
his judgment, it is not being performed for the best interest of the
state.

§ 9. Payments on contracts.- Payments for work done or
materials furnished shall be made upon the certificate of the capitol
commissioner, approved by the superintendent of public works, and
audited by the comptroller. Payment for work done or materials fur-
nished under a contract shall not exceed eighty per centum of the
value thereof, until the contract is completed.

§ 10. Powers and duties of capitol commissioner. The capitol commissioner, under the direction of the superintendent of public works, shall have the supervision of the work of constructing the unfinished portions of the capitol and its approaches, shall see that the work is performed in accordance with the plans and specifications under which the contract is made, and that the interests of the state are fully protected.

§ 11. Accounts.-The superintendent of public works shall keep and render to the comptroller monthly an accurate account of all his expenses and obligations. The account shall be audited by the comptroller and the amount allowed by him shall be paid upon his warrant by the treasurer, who shall take proper receipts and vouchers therefor, which shall be kept on file in his office.

§ 2. Nothing herein contained shall be construed to affect any valid contract made by the capitol commission created by chapter seven hundred and thirty-seven of the laws of eighteen hundred and ninety-five. That commission is hereby abolished and all its powers and responsibilities are transferred to, vested in and imposed upon the superintendent of public works, except as otherwise provided in this act.

§ 3. This act shall take effect immediately.

Chap. 80.

AN ACT to amend the tax law.

Became a law March 22, 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. Subdivision six of section four of chapter nine hundred Tax law and eight of the laws of eighteen hundred and ninety-six, being chapter twenty-four of the general laws, is hereby ameded so as to read as follows:

Exemp

tion of canal bonds.

6. Bonds of this state to be hereafter issued by the comptroller to carry out the provisions of chapter seventy-nine of the laws of eighteen hundred and ninety-five, and bonds of a municipal corporation heretofore issued for the purpose of paying up or retiring the bonded indebtedness of such corporation.

§ 2. This act shall take effect immediately.

Appropriation for

books.

Chap. 81.

AN ACT in relation to the New York law library and the library of
the supreme court in the first district.

Became a law March 22, 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. There is hereby appropriated, and shall be paid by the state treasurer, upon the warrant of the state comptroller, to the presiding justice of the appellate division of the supreme court in the first department, the sum of five thousand dollars for the purchase and binding of books for the law library of the appellate division of the supreme court in the first department, and the law library of the supreme court in the first district, the books so purchased to be distributed between these two libraries as shall be directed by the justices of the appellate division in said department.

§ 2. This act shall take effect immediately.

Audit and allowance

Chap. 83.

AN ACT providing for the audit and payment, by cities, of moneys
due by reason of the termination of licenses on June thirtieth,
eighteen hundred and ninety-six.

Became a law March 22, 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 officer or board in each city charged by law with of claims. the duty of auditing claims against such city, is hereby authorized and directed, upon the presentation of a claim therefor, to audit and allow within thirty days after the passage of this act, to any person who on the thirtieth day of June, eighteen hundred and ninety-six, was the holder of a valid license for the sale of strong or spirituous

liquors, wines, ale or beer, granted under the provisions of any law in force on the twenty-second day of March, eighteen hundred and ninety-six, and which license by virtue of the provisions of section four of chapter one hundred and twelve of the laws of eighteen hundred and ninety-six, known as the liquor tax law, was terminated on the said thirtieth day of June, such sum as he may be entitled to receive under said section four. Claims not presented within thirty days as herein prescribed, may be audited and allowed by such officer or board at any time in the same manner and within the same time as other claims against the city.

§ 2. The officer or board making such audit shall immediately Certificate make a certificate thereof in duplicate, showing the name of the of audit. claimant and the amount claimed and allowed, and shall deliver one

of such certificates to the claimant and file the other with the disbursing officer of the city.

of claims

§ 3. The amount allowed upon such a claim shall be paid by the Payment disbursing officer, on demand, from any moneys belonging to the city heretofore or hereafter received under the liquor tax law. 4. This act shall take effect immediately.

Chap. 84.

AN ACT to amend the town law, authorizing town boards to borrow
the amount of a special appropriation for use prior to raising the
same in the annual tax levy.

Became a law March 22, 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. Article seven of chapter five hundred and sixty-nine Town law of the laws of eighteen hundred and ninety, entitled "An act in relation to towns, constituting chapter twenty of the general laws," known as the town law, is hereby amended by adding thereto a new section, following section one hundred eighty-three, to be known as section one hundred and eighty-four and to read as follows:

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§ 184. Whenever a town meeting shall vote a special appropria- Borrowing tion of money in the sum of five hundred dollars or more, or an of special appropriation for highway purposes or for the support of the poor tions. during the current year, to be levied upon the taxable property of the town, the town board shall have power to borrow the sum so appropriated upon the faith and credit of the town, and to issue therefor a certificate or certificates of indebtedness, bearing interest and payable at such date or dates as may be fixed by said board, and the proceeds

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