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tion to hear

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 å law April 1, 1897, witb 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 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 hy 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:

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

tion to hear

Award of damages.

teen hundred and ninety-five, while in the employ of the state, alleged to have been caused by reason of loose and insecure and defective part of the building and work furnished by said state, and by the alleged carelessness and negligence of the officers and agents of the state.

$ 2. If the facts proved before said board shall establish that damages have been sustained by said claimant, arising or resulting as hereinbefore stated for which a master or•employer would be liable under like circumstances, said board shall determine the amount of such damages and award to him such sum therefor as shall be just and reasonable.

§ 3. Either party may take an appeal to the appellate division of the supreme court of the state of New York, third 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.

§ 4. This act shall take effect immediately.

Appeal from award.

Jurisdic. tion to hear claims.

Chap. 160.
AN ACT to authorize the board of claims to hear, audit and deter-
mine the claim of Carter H. Morgan, against the state for alleged
damage to his property caused by the construction and main-
tenance of a channel (part of the way) from Oil Creek reservoir to
the Genesee Valley canal, in the town of Cuba, New York, and for
work and materials furnished therefor.
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:

Section 1. The board of claims is hereby empowered to hear, audit and determine the claim or claims of Carter H. Morgan, or his assigns, against the state of New York for the value of certain real estate situate in Cuba, New York, alleged to have been taken and used by the said state in the construction and maintenance of a rew channel or conduit from (part of the way) Oil Creek reservoir, in said town, to the Genesee Valley canal, and for loss and damage alleged to have been sustained by him resulting from such construction and maintenance, and for work and labor alleged to have been done and materials alleged to have been furnished by the said Carter H. Morgan for the said state by direction and at the request of an engineer or other officer in the employment of said state, in and about such construction and maintenance and work connected therewith, and to make an award therefor, as if such claim had accrued within two years prior to the time of such hearing.

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§ 2. Either party may appeal to the third appellate division of Appeal the supreme court from any award made under authority of this act, award. 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.

tion for

Chap 164.
AN ACT appropriating money to erect an equestrian statue of

Major-General Henry Warner Slocum, deceased, on the battle

field of Gettysburg.
Became a law April 3, 1897, with the approval of the Governor.

Passed by a two-thirds vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Section 1. The sum of twenty-two thousand dollars is hereby Appropriaappropriated for the erection of a bronze equestrian statue of Major-statue. General Henry Warner Slocum, late of the city of Brooklyn, deceased, on the battlefield of Gettysburg, being the balance of the sum of twenty-five thousand dollars, as authorized and provided for by chapter two hundred and three of the laws of eighteen hundred and ninety-six, on the site selected by the commissioners appointed by and pursuant to chapter three hundred and seventeen of the laws of eighteen hundred and ninety-five. The said money How pay.) or so much thereof as may be necessary, to be paid by the treasurer on the warrant of the comptroller, on proper vouchers, duly certified by the presiding officer of said board of commissioners.

§ 2. This act shall take effect immediately.

able.

Chap. 168.
AN ACT to amend chapter three hundred and eighty-four of the

laws of eighteen hundred and ninety-five, entitled “An act in
relation to the drainage of agricultural lands,” and acts amenda-

tory thereof.
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:

Section 1. Said act is hereby further amended by adding thereto two sections, to be numbered, respectively, seventeen and eighteen, to read as follows:

Vol. I 9

§ 17. May borrow money for construction; issue evidence of indebtedness.- In case it shall be necessary to raise funds for construction of said ditches or channels, drains or dykes, or for land damages before the assessment hereinbefore provided for can be made and collected, the said commissioners are hereby empowered from time to time, with the approval of the court in which the proceeding was instituted or is pending, to borrow so much money as may be necessary therefor, upon such evidence of indebtedness as they may deem proper, bearing interest at a rate of not more than six per centum per annum, payable upon the completion of such assessment and collection, and the interest accruing thereon shall be assessed as other expenses for the said construction. Such evidences of indebtedness shall not be issued for less than par, and shall be receivable in payment of such assessments.

§ 18. Acts of commissioners legalized.— The acts of any commissioners heretofore appointed under said chapter three hundred and eighty-four of the laws of eighteen hundred and ninety-five, or acts amendatory thereof, which acts have been performed since the passage of said act or acts and before the passage of this act, so far as such acts might be affected, impaired or questioned by reason of the failure of said commissioners to make the assessment and collection of said tax before the construction of said drains, ditches, dykes or payments of land damages, wherein they have acted in good faith, are hereby legalized and confirmed and made as effectual and valid as if the power herein conferred upon them to borrow funds for cost of construction and for payment of land damages, were expressly given under the original act itself.

$ 2. When to take effect. This act shall take effect immediately.

Chap. 169. AN ACT to amend the public health law, relating to local boards

of health. 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:

Section 1. Section twenty-nine of chapter six hundred and sixtyone of the laws of eighteen hundred and ninety-three entitled “An act in relation to the public health, constituting chapter twentyfive of the general laws,” is hereby amended to read as follows:

§ 29. Jurisdiction of town and village boards.- A town board of health shall not have jurisdiction over any city or incorporated village or part of such city or village in such town if such city or village has an organized board of health. The boards of health of any town and the incorporated villages therein, or any two or more towns and the incorporated villages therein, may unite, with the written approval of the state board of heath, in a combined sanitary and registration district, and appoint for such district one health officer and registering officer, whose authority in all matters of general application shall be derived from the boards of health appointing him; and in special cases not of general application arising within the jurisdiction of but one board shall be derived from such board alone. When one or more towns and the incorporated villages therein unite in one registration district, the registrar of vital statistics of such combined district will be required to make separate returns to the state board of health of village and town certificates of births, marriages and deaths.

§ 2. This act shall take effect immediately.

Chap. 171. AN ACT to amend chapter six hundred and eighty-six of the laws

of eighteen hundred and ninety-two, entitled "An act in relation to counties, constituting chapter eighteen of the general laws,” and known as the county law, relating to the payment of orders for

sheep killed by dogs. 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:

Section 1. Section one hundred and twenty-one of chapter six hundred and eighty-six of the laws of eighteen hundred and ninety-two, known as the county law, is hereby amended to read as follows:

$ 121. Tax to pay orders for sheep killed. Whenever the amount of the orders for damages, given by the town board to the owners of sheep killed or injured by dogs, shall exceed the amount of the dog fund in the hands of the supervisor of such town, the town board may, in its discretion, add to the accounts of such town, the amount of such orders then due and unpaid, but the amount so added shall not exceed the sum of three hundred dollars in any one year.

§ 2. This act shall take effect immediately.

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