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been committed to a state institution in any manner provided by law, and is an inmate thereof, the petition may be presented on behalf of the state by a state officer having special jurisdiction over the institution where the incompetent person is confined or the superintendent or acting superintendent of said institution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which the petitioner has special jurisdiction, or of which he is superintendent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, and if there be none, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the nature, extent and income of his property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if any, or if none to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both, of such incompetent person or may require any further proof which it or he may deem necessary before making such appointment.

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

Chap. 150.

AN ACT to amend 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, relating to trout, close season.

Became a law April 1, 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 one hundred and five of article five of 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 so as to read as follows:

§ 105. Trout; close season.—Trout of any kind shall not be fished for, caught, killed or possessed except from the sixteenth day of April to the thirty-first day of August, both inclusive, except as provided by section one hundred and sixty-six and in Spring Brook creek, situated in the counties of Monroe and Livingston, trout shall not be fished for, caught, killed or possessed except from the twenty-ninth day of March to the thirty-first day of August, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught or possessed. § 2. This act shall take effect immediately.

Chap. 151.

AN ACT to amend the fisheries, game and forest law, and the act
amendatory thereof, relating to trout fishing.

Became a law April 1, 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 one hundred and sixty-six of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninetytwo, 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 to read as follows:

§ 166. Trout; close season.--Trout shall not be fished for, caught, killed or sold as food except from the twenty-ninth day of March to the thirty-first day of August, both inclusive. But trout so caught or killed under the provisions and limitations of this article, between the twenty-ninth day of March and the sixteenth day of April, may be sold anywhere in the city of New York and Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each fish so caught. § 2. This act shall take effect immediately.

Chap. 153.

AN ACT to protect purchasers on sales of real estate of infants, by
special guardian, prior to January first, eighteen hundred and
seventy-two.

Became a law April 1, 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:

real estate

Section 1. All sales of real estate belonging to infant owners, Sale of made by special guardian under the orders of the supreme court, confirmed. county court, or late court of chancery, prior to January first, eigh

Proviso.

Rights, etc., not affected.

teen hundred and seventy-two, and the conveyance therefor, executed by said special guardian, are hereby ratified and confirmed, notwithstanding the omission by any such special guardian, to affix his or her title as special guardian or to sign the name of the infant or infants whose real estate was thus conveyed to such deed of conveyance; provided, that the person who executed such conveyance was the duly appointed special guardian of such infant or infants, and such conveyance was in other respects executed in conformity to the order of the court in which the proceedings for such sale were had.

§ 2. This act shall not affect the rights of any party to any suit or legal proceeding, commenced before the passage thereof, in consequence of the irregularity of any proceeding, or the invalidity of any deed which by the foregoing section is legalized and made valid. 3. This act shall take effect immediately.

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Chap. 154.

AN ACT providing for completing the erection of a new kitchen
and for other improvements at Auburn prison, as contemplated by
chapter two hundred and seventy-nine of the laws of eighteen hun-
dred and ninety-six.

Became a law April 1, 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 superintendent of state prisons is hereby authortures au- ized to expend out of the moneys received by the agent and warden of Auburn prison, "as the proceeds of the labor of the prisoners and the sales of articles manufactured by them," and standing to the credit of such agent and warden in banks at Auburn, the sum of sixty-five hundred dollars, or so much thereof as may be necessary, for completing the erection of a new kitchen and for purchasing an engine for the new execution room, and for other improvements at Auburn prison, as contemplated by chapter two hundred and seventynine of the laws of eighteen hundred and ninety-six.

Moneys, how

drawn, etc.

§ 2. The moneys hereby authorized to be expended shall be drawn and accounted for in the same manner as moneys drawn for the purchase of materials for manufacturing purposes.

§ 3. This act shall take effect immediately.

Chap. 155.

AN ACT conferring jurisdiction upon the board of claims to hear,
audit and determine the claim of Thomas Killam against the state
of New York.

Became a law April 1, 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, audit and determine the claim of Thomas Killam claim. against the state of New York for damages alleged to have been sustained by him, arising from or in consequence of the failure of title to land situate in the so-called Canastota tract in the county of Madison and state of New York, granted to Daniel Cady under the great seal of the state by letters patent dated the twenty-sixth day of July, one thousand eight hundred and forty-five, and recorded in the office of the secretary of state in book of patents number thirty-five, at page one hundred and eighty-nine, including the actual costs and expenses incurred by the said Thomas Killam in defending such title; provided such claim shall have been filed. with the said board on or before the first day of January, one thousand eight hundred and ninety-eight. If the facts proved before Award. said board shall establish that damages have been sustained by said claimant, arising or resulting as hereinbefore stated, said board shall determine the amount of such damages and award to him such sum therefor as shall be just and equitable.

§ 2. This act shall take effect immediately.

Chap. 157.

AN ACT conferring upon the board of claims, jurisdiction to hear,
audit and determine the claim of Fletcher F. Williams against the
state.

Became a law April 3, 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 claims Jurisdicto hear, audit and determine the claim of Fletcher F. Williams against claim. the state of New York for damages alleged to have been sustained by him by a fall in the senate chamber of the capitol, in the year eigh

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