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property, or tne part thereof as to which the judgment or orders is affirmed, from the time of taking the appeal until the delivery of the possession thereof, pursuant to the judgment or order, not exceeding a specified sum fixed by a judge of the court below. If the judgment directs a sale of real property upon the foreclosure of a mortgage, and an appeal is taken by a party against whom payment of the deficiency is awarded by such jugdment, the undertaking must also provide that if the judgment is affirmed or the appeal is dismissed, the appellant will pay any deficiency which may occur upon the sale, with interest and costs, and all expenses chargeable against the proceeds of the sale, not exceeding a sum fixed by a judge of the court below.
§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.
papers for publication of the general laws of the state for the
year eighteen hundred and ninety-six.
Passed, three-fifths being present.
Section 1. The sum of seventy thousand dollars, or so much thereof Appropria as may be necessary, is hereby appropriated out of any money in newsthe treasury not otherwise appropriated, payable by the treasurer on the warrant of the comptroller, for the payment of the balance due newspapers in the various counties in this state for the publication of the general laws of the state for the year 1896.
§ 2. This act shall take effect immediately.
of criminal procedure, relative to justices' criminal docket. Became a law March 25, 1897, with the approval of the Governor.
Passed, three-fifths being present.
Section 1. Section two hundred and twenty of the code of criminal procedure is hereby amended so as to read as follows:
$ 220. Justices' criminal docket. — Every justice of the peace and every police or other special justice appointed or elected in a
city, village or town other than in the city and county of New York, shall forthwith enter correctly at the time thereof, full minutes of all business done before him as such justice and as a court of special sessions in criminal actions and in criminal proceedings and including cases of felony, in a book to be furnished to him by the clerk of the city, village or town where he shall reside, and which shall be designated “justices' criminal docket," and shall be at all times open for inspection to the public. Such docket shall be and rem'in the property of the city, village or town of the residence of such justice, and at the expiration of the term of office of such justice shall be forthwith filed by him in the office of the clerk of said city, village or town. The minutes in every such docket shall state the names of the witnesses sworn and their places of residence, and if in a city, the street and house number; and every proceeding had before him. Any justice of the peace or police or other special justice who shall willfully fail to make and enter in such docket forthwith, the entries by this section required to be made or to exhibit the docket when reasonably required, shall be guilty of a misdemeanor and shall, upon conviction, in addition to the punishment provided by law for a misdemeanor forfeit his office.
§ 2. This act shall take effect immediately.
Chap. 122. AN ACT to amend section nine hundred and seven of the code of
criminal procedure, relating to the discharge of disorderly persons. Became a law March 25, 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. Section nine hundred and seven of the code of criminal procedure is hereby amended so as to read as follows:
$ 907. Defendant committed for not giving security; how discharged.-A person committed as a disorderly person, on failure to give security, may be discharged by the committing magistrate, or by any two justices of the peace, or police justices or magistrates, or the county judge of the county, upon giving security as originally required, pursuant to section nine hundred and one.
2. This act shall take effect September one, eighteen hundred and ninety-seven.
, tion to hear
state of New York to hear, audit and determine the amount of
the state of New York, and to make an award thereon.
Section 1. Jurisdiction is hereby conferred upon the board of claims Jurisdicof the state of New York to hear, audit and determine the alleged claim. claim of Joseph Stickley, as administrator of the goods, chattels and credits of the estate of Alfred Stickley, deceased, against the State of New York, for alleged damages arising from the death of said Alfred Stickley, on or about the fifth day of June, eighteen hundred and ninety-six, at Bath-on-the-Hudson, Rensselaer county, New York, caused and produced, as is alleged, by the wrongful act, neglect or default of the state of New York or its agents or servants in constructing and maintaining and continuing a rifle range in the village of Bath-on-the-Hudson, or by the wrongful act, neglect or default of its agents and servants negligently and wrongfully assigning and designating to the said Alfred Stickley a dangerous and unsafe place in which he was to discharge his duties as a marker on said rifle range, and to award such damage and compensation as the board of claims shall deem just and reasonable upon said claim, which shall not exceed ten thousand dollars.
§ 2. Either party may appeal to the appellate division of the Appeal supreme court of the third department from any award made under award. the authority of this act if the amount in controversy exceeds five hundred dollars; provided, such appeal be taken by the service of a notice of appeal and exceptions within thirty days after the service of a copy of the award.
$ 3. This act shall take effect immediately.
determine the claims of the Presbyterian church society, the
known as the collateral inheritance tax law.
Section 1. The state board of claims is hereby authorized and empowered to hear, audit and determine the alleged claims of the Presbyterian church, the Methodist Episcopal church and the Welsh Congregational church, all religious corporations located at New York Mills, Oneida county, their successors or assigns, against the state, for the sum of two hundred and eighty dollars, one hundred and five dollars, and thirty-five dollars, respectively, paid by said religious corporations to the county treasurer of the county of Oneida, the said Presbyterian church and the said Methodist Episcopal church on the fourth day of October, eighteen hundred and ninetythree, and the said Welsh Congregational church on the twentyfourth day of February, eighteen hundred and ninety-three, for the use of the state, under the laws of the state imposing a tax upon legacies known as the collateral inheritance tax law, and to make an award therefor.
§ 2. Either party may take an appeal to the appellate division of the supreme court of the state for the third judicial department, from any award made under 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.
§ 3. This act shall take effect immediately.
Appeal from award.
by the college of agriculture of Cornell university.
Section 1. For the promotion of agricultural knowledge through- Appropriaout the state, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated to be paid to the college of agriculture at Cornell university to be expended in giving instruction throughout the state by means of schools, lectures and other university extension methods, or otherwise, and in conducting investigations and experiments; in discovering the diseases of plants and remedies; in ascertaining the best method of fertilization of fields, gardens and plantations; and best modes of tillage and farm management and improvement of live stock; and in printing leaflets and disseminating agricultural knowledge by means of lectures or otherwise; and in preparing and printing for free distribution the results of such investigations and experiments; and for republishing such bulletins as may be useful in the furtherance of the work; and such other information as may be deemed desirable and profitable in promoting the agricultural interests of the state. Such college of Employagriculture may, with the consent and approval of the commissioner teachers of agriculture, employ teachers and experts and necessary clerical perts. help to assist in carrying out the purposes of this bill. Such teachers, experts and clerical help may be removed by the college of agriculture in its discretion; and may be paid for their services such sum or sums as may be deemed reasonable and proper and as shall be approved by the commissioner of agriculture. All of such work by such teachers and experts who shall be employed under this bill shall be under the general supervision and direction of the commissioner of agriculture. The sum appropriated by this act shall be paid by the Payment treasurer of the state upon the warrant of the comptroller to the priation. treasurer of Cornell university, upon such treasurer filing with the comptroller a bond in such sum and with such sureties as the comp-. troller may approve, conditioned for the faithful application of such sum to the purposes for which the same is hereby appropriated. Such sum shall be payable by the treasurer of Cornell university upon vouchers approved by the officers or agents of such university having charge of such college of agriculture, and such vouchers shall be filed by the treasurer of Cornell university in the office of the comptroller of the state.
$ 2. This act shall take effect immediately.