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Award of damages.

Appeal from award.

Jurisdiction to hear

claims.

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.

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.

from

§ 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.

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:

tion for

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 payor 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.

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

able.

§ 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.

1

Legal ton.

Attempting to deliver or

sell less

weight.

Chap. 174.

AN ACT for the protection of purchasers of coal in cities of the first
and second class, and providing for the enforcement thereof, and to
repeal chapter five hundred and thirty-nine of the laws of eighteen
hundred and eighty-eight.

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. In all transactions relating to the sale or delivery of coal, two thousand avoirdupois pounds in weight shall constitute a legal

ton.

§ 2. Any person, firm or corporation, in any of the cities of the first and second class, violating the provisions of section one of this than 1 gal act, whereby it is attempted to sell or deliver less than two thousand pounds by weight to a ton, or a proper proportion thereof to quantities less than a ton, shall be liable to a penalty of not exceeding fifty dollars, provided that in all cases thirty pounds to the ton shall be allowed for the variation in scales and wastage.

Delivery tickets.

to delivery of entire cargo.

§ 3. It shall be unlawful for any person, firm or corporation delivering coal in cities of the first and second class, to deliver or cause to be delivered, any quantity or quantities of coal which shall have been sold by weight, without each such delivery being accompanied with a delivery ticket and a duplicate thereof, on each of which shall be in ink, or other indelible substance, distinctly expressed in pounds the quantity or quantities of coal contained in the cart, wagon or other vehicle used in such delivery, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of such tickets shall be delivered to the purchaser of the coal specified thereon, and the other of such tickets shall be retained by the seller Proviso as of the coal. The foregoing provisions of this section shall not apply to coal delivered by the entire cargo direct from the vessels containing the same, to one destination and accepted by the purchaser on the original bill of lading as proof of weight; but with every such delivery of an entire cargo of coal in any city of the first and second Delivery of class, there shall be delivered to the purchaser thereof one of the original bills of lading issued by the person, firm or corporation by whom the coal was loaded into the vessel from which such coal is delivered to the purchaser of the entire cargo thereof, on each of which bills of lading there shall be in ink or other indelible substance distinctly expressed, the date and place of loading such cargo and the number of pounds contained therein. Any person, firm or corporation, who shall violate any of the provisions of this section shall be liable to a penalty of not exceeding fifty dollars.

bill of

lading.

Penalty.

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