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§ 279. Salary of judge of court of claims.— Each judge of the court of claims shall receive an annual compensation of five thousand dollars, payable monthly, and also his necessary expenses, not exceeding five hundred dollars per annum.
$ 280. Salaries of officers of court of claims.- Each officer of the court of claims shall receive an annual salary, payable monthly, and other compensation as follows:
1. The clerk, four thousand dollars.
3. The stenographer, two thousand five hundred dollars and five cents a folio for copies of minutes and testimony furnished at the request of the claimant.
4. The marshal, including also his services as messenger, twelve hundred dollars. The clerk, deputy clerk, stenographer and marshal shall be paid their actual expenses while in the discharge of their respective duties, elsewhere than in the city of Albany, to be audited by the court and paid from the contingent fund. No charge shall be made against the state by the clerk or the stenographer for copies of minutes, testimony or papers, furnished to the attorney-general or to the court, or filed in the office of the clerk.
$ 2. Section two of the code of civil procedure is hereby amended by adding a subdivision thereto, numbered fifteen, as follows:
15. The court of claims.
§ 3. The terms of office of the two commissioners of claims in office when this act takes effect, who by their appointment have the shortest time to serve, shall expire on the thirty-first day of December, eighteen hundred and ninety-seven. The term of the other commissioner shall expire on the thirty-first day of December, eighteen hundred and ninety-nine. Their successors shall be appointed in the manner provided by section two hundred and sixty-three of the code of civil procedure. The officers of the board of claims in office when this act takes effect shall respectively continue as officers of the court of claims until changed pursuant to section two hundred and sixty-six of the code of civil procedure.
§ 4. The laws enumerated in the schedule hereto annexed are repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.
$ 5. The repeal of a law, or any part of it, specified in the annexed schedule, shall not affect or impair any act done or right accruing, accrued or acquired under or by virtue of the laws so repealed, but the same may be asserted, enforced or prosecuted as fully and to the same extent, as if such laws had not been repealed; and all actions or proceedings commenced under or by virtue of the laws so repealed, or otherwise, and pending in the board of claims when this act takes effect, may be prosecuted and defended
1883..... 205.... All.... Establishing board of claims and
defining its powers and duties.
code of civil procedure is hereby amended by adding thereto a new
15. If a woman die, leaving illegitimate children, and no lawful
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 of civil procedure.
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 depositpapers, mode of. ing the paper, properly inclosed in a post-paid wrapper, in the post
office 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, ac ording to the best information which can conveniently be obtained concerning the same.
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 letterbor, 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.
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: Section 1. The following section is hereby added to and made Code
amended. a part of the penal code to be known as section four hundred and twelve thereof.
§ 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.
priation for the improvement of the Erie, Champlain and Oswego
canals; and to provide for the increase of the sinking furd. 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: Reappropriation.
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 interest to
2. In addition to the provision which the comptroller is resinking fund.
quired 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.
§ 3. This act shall take effect immediately.
audit and determine the claim of the village of Watkins, for
moneys expended in improving Glen creek in said village.
Passed, three-fifths being present.
Assembly, do enact as follows: Jurisdic- Section 1. Jurisdiction is hereby conferred upon the board of claim. claims to hear, audit and determine the alleged claim of the village
of Watkins for moneys expended in improving Glen creek in said
village. Determina- § 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.
tion to hear
tion and award.