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Release of interest of state.

Chap. 65.
AN ACT to release to Charles A. Engfer and Ottillia Engfer, his

wife, the right, title and interest of the people of the state of
New York to certain real estate situate in the city of Rochester,

county of Monroe.
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:

Section 1. All the estate, right, title and interest of the people of the state in and to all that certain piece or parcel of land situate in the city of Rochester, and county of Monroe, known as lot number ninety-five on a map of a subdivision of part of the Colvin tract made by F. J. M. Cornell, surveyor for John H. Martindale and George F. Danforth and recorded in Monroe county clerk's office in liber one hundred and nineteen of deeds at page four hundred and ninety-eight; said lot being on the west side of Colvin street and being forty feet front and rear and one hundred and sixty-five feet deep. Excepting however so much of said lot number ninetyfive as was taken by the city of Rochester for the purpose of extending Syke street, being seven feet in width and extending the full depth of said lot, more particularly described in the report of the commissioners to extend Syke street filed in Monroe county clerk's office February fifth, eighteen hundred and eighty-four; thus leaving the premises hereby intended to be conveyed situate on the northwest corner of Colvin and Syke streets, being thirty-three feet front on Colvin street and same in rear and extending back of equal width westerly along the north line of Syke street one hundred and sixtyfive feet, is hereby released to Charles A. Engfer and Ottillia Engfer, his wife, of the town of Chili, county of Monroe, and to his heirs and assigns forever.

§ 2. Nothing herein contained shall be construed to impair, release or discharge any claim, right or interest of any heir at law, devisee or grantee, purchaser or creditor by judgment, mortgage or otherwise in and to said premises or any part or parcel thereof.

§ 3. This act shall take effect immediately.

Proviso.

Chap. 71.
AN ACT conferring 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: Section 1. Jurisdiction is hereby conferred upon the board of Jurisdic.

tion to hear claims 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. 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 suihority 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 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.

8 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 furnished 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. 8O.

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: Section 1. Subdivision six of section four of chapter nine hundred Tax law

amended. 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:

Exemption 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.

Appropria

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 Govervor.

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.

tion for books.

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 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

Audit and

allowance of claims.

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