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Chap 701.

AN ACT to amend the code of civil procedure, relating to an

action establishing the validity of the probate of a last will and testament.

Bece ne a law May 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. Section twenty-six hundred and fifty-three-a of the code of civil procedure is hereby amended so as to read as follows:

§ 2653a. Determining validity of a will.— Any person inter ested as devisee, legatee or otherwise, in a will or codicil admitted to probate in this staté, as provided by the code of civil procedure, or any person interested as heir-at-law, 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 dispased of, or affected, by a will or codicil admitted to probate in this state, as provided by the code of civil procedure, within two years prior to the passage of this act, or any heir-at-law or next of kin of the testator making such will, may cause the validity or invalidity 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 forth with 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 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 a verdict thereon shall be conclusive as to the 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 attesta. tion, 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 party sustaining the will shall be entitled to open and close the evidence and argument. He shall offer the will in probate and rest. The other party shall then offer his evidence. The party sustaining the will shall then offer his other evidence and rebutting testimony may be offered as in other cases. If all the defendants make default in pleading, or if the answers served in said action raise no issues, then the plaintiff may enter judgment as provided in article two of chapter eleven of the code of civil procedure in the case of similar defaults in other actions. If the judgment to be entered in an action brought under this section is that the writing produced is the last will and codicil, or either of the testator, said judgment shall also provide that all parties to said action, and all persons claiming under them subsequently to the commencement of the said action, be enjoined from bringing or maintaining any action or proceeding, or from interposing or maintaining a defense in any action or proceeding based upon a claim that such writing is not the last will or codicil, or either, of the testator. Any judgment here tofore entered under this section determining that the writing produced is the last will and codicil, or either, of the testator, shall, upon application of any party to said action, or any person claiming through or under them, and upon notice to such persons as the court at special term shall direct, be amended by such court so as to en. join all parties to said action, and all persons claiming under the parties to said action subsequently to the commencement thereof, from bringing or maintaining any action or proceeding impeaching the validity of the probate of the said will and codicil, or either of them, or based upon a claim that such writing is not the last will and codicil, or either, of the testator, and from setting up or maintaining such impeachment or claim by way of answer in any action or proceeding. When final judgment shall have been entered in such action, a copy thereof shall be certified and transmitted to the clerk of the surrogate's court in which such will was admitted to probate. The action brought as herein provided shall be commenced within two years after the will or codicil has been admitted to probate, but persons within the age of minority, of unsound mind, imprisoned, or absent from the state, may bring such action two years after such disability has been removed.

§ 2. This act shall take effect immediately.

Chap. 704.
AN ACT providing for the surveying and mapping of certain

oyster lands under waters of Long Island sound.
Became a law May 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 state engineer and surveyor is hereby authorized Survey

and map of and directed to cause a survey and map of newly discovered beds bed, of oysters of natural growth under the water of Long Island sound, located between Mount Sinai and Orient point on Long Island, and shall also cause to be erected substantial monuments and sig. nals for the purpose of accurately locating same. Said surveying, mapping and erection of monuments and signals shall be done according to the general direction of the state shell fish commissioner. The sum of five thousand dollars is hereby appropriated approprifor carrying out the provisions of this act, to be paid out of any funds in the treasury not otherwise appropriated.

3 2. This act shall take effect immediately.

Chap. 706.
AN ACT to amend the game law and the act amendatory thereof,

relative to regulations for dredging and raking for oysters and

clams.
Became a law May 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. Section one hundred and ninety-one of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety.

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five to read “ An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws and to be known as the fisheries, game and forest law," as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-rive is hereby amended so as to read as follows:

§ 191. Dredging and raking for oysters and clams regulated.No dredge, operated by steam power, or weighing over fifty pounds, shall be used on beds of natural growth in dredging for shellfish. No rake, tongs, dredge or other device shall be used for taking hard or round clams, with spaces or openings, between the teeth or prongs of less than one inch in width. Whoever violates or attempts to violate the provisions of this section shall be 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.

building.

| Cap. 707. AN ACT providing for an addition to the New York State School

for the Blind, and making an appropriation therefor. Became a law May 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:
Erection of Section 1. A building to be used as a boys' industrial depart.

ment, including piano tuning, shall be erected at the New York State School for the Blind at Batavia, by the board of managers of said institution, pursuant to plans and specifications to be furnished by the state architect and approved by the state board of charities, and the work of construction to be performed under the supervision of the state board of charities, at a cost not exceeding eight thousand dollars for the completion of said building and fifteen hundred dollars for heating and plumbing, the sum of two thousand five hundred dollars appropriated by chapter nine hun. dred and fifty of the laws of eighteen hundred and ninety-six for refitting building for school work-shops is hereby reappropriated towards the construction of said building, and the sum of seven thousand dollars is hereby appropriated therefor from any moneys in'the treasury not otherwise appropriated.

Appropriation.

§ 2. The moneys appropriated by section one of this act shallPayment be paid upon the warrants of the comptroller drawn upon the treas. priatlon, urer from time to time as required by said board of trustees for the payment of sums due in the progress of said work, the accounts for which shall be verified by the officers of said board of trustees and approved and indorsed by an authorized member of the state board of charities. No contract made under this act shall take Contracts. effect until approved by said state board of charities, and certified copies thereof shall be filed with the comptroller before payments thereon.

§ 3. This act shall take effect immediately.

Chap. 725.
AN ACT conferring jurisdiction upon the court of claims to

hear, audit and determine the claim of Charles W. Little against
the state of New York.

Became a law May 22, 1897, with the approval of the Governor.

Passed, three-fifths being present.

claim.

The People of the State of New York, represented in Senate and dssembly, do enact as follows:

Section 1. Jurisdiction is hereby conferred upon the court of Jurisdice claims to hear, audit and determine the alleged claim of Charles W. Little, doing business at Albany, New York, under the firm name of W. C. Little and Company, against the state of New York for damages claimed to have been sustained by said Little through an alleged breach on the part of the state, of a contract made in its behalf on the sixteenth day of December, eighteen hundred and ninety-five, by state officers, with said Little, for printing and delivering the slips of the session laws for the legislative session of eighteen hundred and ninety-six, as ordered by the secretary of state, and printing, publishing and delivering to the secretary of state twenty-five hundred copies of the laws of eighteen hundred and ninety-six, and furnishing the edition to the public as required by the terms of said contract. $ 2. If the facts proved before said court shall establish a legal tiene and

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award of or valid claim against the state for the damages alleged to have damages. been sustained by said Little as aforesaid, the said court shall determine the amount of said damages and award such sum therefor

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