tion and of same. of such loan shall be placed to the credit of the public officers Certifica- charged by law with the expenditure of said moneys. A statement of raising of the amount maturing on such certificate of indebtedness shall be certified by the town board at its second meeting and delivered to the supervisor of the town, to be by him presented to the board of supervisors of his county at its annual meeting, and the said board of supervisors shall cause the amount specified in such certified statement to be levied and raised upon the taxable property of the town in the same manner as they are directed to levy and raise other town charges.. § 2. This act shall take effect immediately. Appoint ment of confirmed. Chap. 85. AN ACT to provide for the representation of the state of New York Became a law March 22, 1897, with the approval of the Gover or. The People of the State of New York, represented in Senate and Section 1. The appointment by the governor of delegates to repdelegates resent the state of New York in the negro department of the Tennessee centennial and international exhibition to be held at Nashville, is ratified and confirmed, and for the purposes of this act, such delegates shall be known as the "New York commission to the Powers and negro department of the Tennessee centennial." Such commission shall encourage and promote a full exhibit of the commercial, educational, industrial, artistic and other interest of the colored citizens of this state at such exhibition and, in its discretion, may provide during the exhibition a room or rooms for the official headquarters, and for the comfort and convenience of citizens and exhibitors at an expense not exceeding the sum hereinafter named. duties of commis sion. Appropria § 2. The sum of three thousand dollars is hereby appropriated tion for ex- out of any money in the treasury not otherwise appropriated for the penses. purposes of this act. Such money shall be paid by the treasurer, on the warrant of the comptroller, issued upon a requisition signed by the president and secretary of the commission, accompanied by an estimate of the expenses for the payment of which the money so Reports of drawn is to be applied. Within ninety days after the close of the exposition, this commission shall make a verified report to the comp mmis troller of all disbursements made by it, and shall make a report within three months from the close of the exhibition to the governor, to be transmitted by him to the legislature. § 3. Section three of chapter seven of the laws of eighteen hun- Appropriadred and ninety-seven is hereby amended to read as follows: tion for expenses. § 3. The sum of nine thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, for the purposes of this act. Such money shall be paid by the treasurer, on the warrant of the comptroller, issued upon a requisition signed by the president and secretary of the commission, accompanied by an estimate of the expenses for the payment of which the money so drawn is to be applied. Within Reports of ninety days after the close of the exhibition such commission shall sion. make a verified report to the comptroller of all disbursements made by it, and shall return to the state treasury the unexpended balance of money drawn in pursuance of this act. 4. This act shall take effect immediately. commis Chap. 92. AN ACT to amend section ninety-four of the code of civil procedure, Accepted by the city. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section ninety-four of the code of civil procedure is hereby amended so as to read as follows: terpreters. § 94. The justices of the supreme court for the second judicial Court indistrict, residing in Kings county or a majority of them, may appoint an interpreter or interpreters to attend the terms of the courts of record, except the county court and surrogate's court, held in that county, at which issues of fact are triable, and fix the salaries of such interpreters who shall hold office during good behavior. § 2. This act shall take effect immediately. Protection Chap. 93. AN ACT for the protection of state nets while in use in any of the Became a law March 23, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. It shall not be lawful for any person or persons, except of nets. those in charge of state nets, at any time to handle or take out any fish while confined in a state net, or for any person or persons to fish in any manner within one hundred feet of any leader or net Penalty for while in use by the state. Whoever shall violate, or attempt to violation. violate the provisions of this act, shall be deemed guilty of a misdemeanor; and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. § 2. This act shall take effect immediately. Game law amended. Application of article. Chap. 94. AN ACT to amend the fisheries, game and forest law in relation Became a law March 23, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section three hundred and ten of article fifteen of the fisheries, game and forest law, as provided for by chapter five hundred and thirty-one of the laws of eighteen hundred and ninety-six, is hereby amended to read as follows: § 310. Article to apply to the Saint Lawrence river between Tibbett's Point lighthouse and Saint Regis. This article applies exclusively to the waters of the Saint Lawrence river lying between an imaginary line drawn from Tibbett's Point lighthouse, about four miles southwest from Cape Vincent to the Snake Island lighthouse, about four miles southwest from the city of Kingston, in Ontario, and the boundary line between the state of New York and the Dominion of Canada at Saint Regis and to be known for the purpose of this article as the waters of the Thousand Islands." § 2. This act shall take effect immediately. Chap. 97. AN ACT to continue free instruction in natural history, geography Became a law March 23, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and for con struction. Section 1. The state superintendent of public instruction is hereby Agreement authorized to enter into an agreement with the American museum tinuing inof natural history, in the city of New York, for continuing the instruction of natural history, geography and kindred subjects in the several state normal schools, the normal college of the city of New York, the training school for teachers in the city of Brooklyn, the teachers' institutes in the different counties of the state, and to the teachers in the common schools of the city of New York, Brooklyn and vicinity, authorized by chapter four hundred and twenty-eight of the laws of eighteen hundred and eighty-six, by chapter three hundred and thirty-seven of the laws of eighteen hundred and eighty-eight, by chapter forty-three of the laws of eighteen hundred and ninety-one, and by chapter six of the laws of eighteen hundred and ninety-three, for the further term of four years from the first day of January, eighteen hundred and ninety-seven. on legal § 2. Said instruction may include free illustrated lectures to Lectures artisans, mechanics and other citizens, on such legal holidays as the holidays. state superintendent and museum authorities may agree upon. tion. 3. The sum of eighteen thousand dollars, payable from the free Appropria school fund, is hereby appropriated for the preparation for and the support and maintenance of said course of instruction, for the year beginning on the first day of January, eighteen hundred and ninetyseven; and the sum of eighteen thousand dollars shall be appropriated annually thereafter in the general appropriation bill for the preparation for and the support and maintenance of said course of instruction during the term of the agreement authorized by this act. Amendment. Actions to determine probate of Chap. 104. AN ACT to amend section twenty-six hundred and fifty-three-a of Became a law March 23, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section twenty-six hundred and fifty-three-a of the code of civil procedure is hereby amended so as to read as follows: § 2653a. Any person interested as devisee, legatee or otherwise, validity of in a will or codicil admitted to probate in this state, as provided will. by the code of civil procedure, or any person interested as heir-atlaw, next of kin or otherwise, in any estate, any portion of which is disposed of, or affected, or any portion of which is attempted to be disposed of, or affected, by a will or codicil admitted to probate in this state, as provided by the code of civil procedure, may cause. the validity of the probate thereof to be determined in an action in the supreme court for the county in which such probate was had. All the devisees, legatees and heirs of the testator and other interested persons, including the executor or administrator must be parties to the action. Upon the completion of service of all parties, the plaintiff shall forthwith file the summons and complaint in the office of the clerk of the court in which said action is begun and the clerk thereof shall forthwith certify to the clerk of the surrogate's court in which the will has been admitted to probate, the fact that an action to determine the validity of the probate of such will has been commenced, and on receipt of such certificate by the surrogate's court, the surrogate shall forthwith transmit to the court in which such action has been begun a copy of the will, testimony and all papers relating thereto, and a copy of the decree of probate attaching the same together, and certifying the same under the seal of the court. The issue of the pleadings in such action shall be confine 1. confined to the question of whether the writing produced is or is not the last will and codicil of the testator, or either. It shall be tried by a jury and the verdict thereon shall be conclusive, as to real or personal property, unless a new trial be granted or the judgment thereon be reversed or vacated. On the trial of such issue, the decree of the surrogate admitting the will or codicil to probate shall be prima facie evidence of the due attestation, execution and validity of such will or codicil. A certified copy of the testimony of such of the witnesses examined upon the probate, as are out of the jurisdiction of the court, dead, or have become incompetent since the probate, shall be admitted in evidence on the trial. The Issue of pleadings Trial by jury |