{ title: 'The Niagara sun. volume (Lockport, N.Y.) 1896-19??, August 21, 1896, Page 7, Image 7', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn94057632/1896-08-21/ed-1/seq-7/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn94057632/1896-08-21/ed-1/seq-7.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn94057632/1896-08-21/ed-1/seq-7/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn94057632/1896-08-21/ed-1/seq-7/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: New York State Library
FIIDAY, AUGUST 21 Abe corflfleato 66 the adjutantgonernt th comptvollox shall, unnunlly, draw his warran upine the tromstrar for tho following Aums cumolys hundred dolfiurs for cach di vidum and for cach brigado headquarters, ff teen hundred dollars for euch regimonta hoeadgwirtarm, five hundrod dollars for anol battullon headguarters, and throo bandred and fifty dollars for onch algnal corps ant squndron not part of is battalon. For brigad: headqttartors in hrigndes covering a territory of imoxe thin ton. counties, five: hundrod dol fare additionat shall bo allowed. Tho fund thas allowod shall only be expended by th rospootivo commanding officaes on tho-np proval of the adjutantegonoral, Heo. 6. Section one hundred and. of anid nab Is hoveby amended so ns to read a follows: Soo 120, Attowanoos: for milftary organiza gtonk:s military fund.-On the cortificafte a tho adjutint-general, the comptroller shal fikowigo annually draw his warrant upon the troumtror In favor of cach county troasurot spaolflod in auch. certificate, for the organizi tion of tho nattonal guard montloned thorelt ag follows: Fiftoon hundred dollars: for encl battery of light artiflory und ench troop, ont thousand dollars for cuch signal corps, to b for mownted. drills and parades, in cluding tho anmuat Inspection and muster ra qutrad by this- cliaptor; two hundred ind fft; dollars for onch soparato company: and for gach rogImont, not a part of a rogh mont, troop, soprirato battery, sopn rato company and signal corpa for the purpoft of dofraying othor noceséary milltury ex pornos, ts Sum aqual to cight dollars for eact 'of its onllsteds mon presont for duty, basor pon the porcontrgo proiont for duty for th your ub the five compulsory parades requiret In this chapter, and which poreontago shall b. gertifiocd to by the inspector-gonoral, whic «uing, fogothor with the: flies nnd penalblo collected from dolinquont officora and onlistos nion, #hall conatitute tho militury fund o such rogiment, battalion not a part of a regi nient, Hoparato troop, nopmrato battery, sopn sato company ow signal corps. Soo. 0. Hootion ono hundrod nd seventy o in“! act Is hereby nmended so: as to road w ollow#t Saa. 110; Suporyisors to furnish armory.- \Whonover it shalt nppoor by the ot 'the commanding officer of the rogimont, 0; battalion not a part of ia. rogimont, to whict any troop, battory or company, organized. o; oxlsting undor the provistons. of this chaptc; bolongs, or tit tho ense of n signnt corps, sop arate troop, buttory or company, by tho cer tiflonto of the commanding oflloor of | tho bri gado or diviston to which 16 is: attuched, to gothor with tho cortificate of tho adjutant gonoral that such signal corps, troop, battory or compiny, has at lost. the mintmum mum \bor of onlisted mon established by this chap tor, who aime logally bo roquired: to perform 'the dutlos presoribed theraby, the supervisogi «f tho comity in which such signal corps troop, battory or company fs located shall upon tho demand of tho commanding officer of such signal corps, troop, battery or com pimy, spproved by the commanding offlcer o tho battation, regiment, brigado or divistor to which it bolongs or ie attached, as tho cas mir bo, oroot or rent within the bounds o; auch county for tho uso of such signal corps troop, battory or company,. a suitable anc «gonvonlont nrmory, drill room, und plac «of dloposit to: bo npproved as to: sanitabll ity and convenlondo by the commanding «officor of tho brigado to which the or, ganization: donianding such | armory is nt 'gached, for tho sufekooping of the nems, equip monts, agcoutremonts, uniforms. and othel military property furnished undor the provi tony of this chiptor,. 'The eroction, ropairi wind altorations of all armory bufldings eracted or rarited ab tho oxponso of a. county shall bi done urider tho direction: and. supervision of tho inspootor-gonaral and my architoct to bi dealgnated by tho board of supervisors of thi county, Who tho boundaries. of a city anc. «ounty are cotorminous the dutios horaby pro worlbedi for the board of suporvisors shall b. porformed by tho board axerclsing tho legls dative power of anid clty and county. Thi meotion shall not apply to the city and count) «f Now Youk, Hoot. Boction one hundred aud seventy throo of suid aot is: horoby nmended so as. tc rond as follows Sao, 178. Spoolal provialonsng to armories it Now York city.-In the clty and county of Now York tho domand@ of communding ofll of roglmonts, battaHons, bubteries of <roope, for sultablo armorfos, or for altirn tone, xropairs or enlargoments and furnishing. «f armorios as horeinbofore provided, shall i» mado to a bonrd horoby created, consisting a Ahe rmnyor, tho two senior ranking officers d1 command of troops: of the national guard it @uch city nnd county, the prosidont of the de rémont of taxes and assogamont and thi ©ominlasionor of public works, who shall con alder such uppHontions, and, if thoy approve whall mako thor rocommendations to the com qulssloners of tho sinking fund, who, if ther conotir In such rocommendations, shall tho sume: to, bo appropriated for such put chases, arection, rontal, enlargement, nltera tion, ropairing or furnishing of armories, in éluding suitable adcommodations: for divisios wand brigade hoadquarters, which sum shall bt dngorted by tho comptrollor in his depart mental estimates; and the bourd. of estimate «and apportionment is hereby authorized ant «Airooted to Include such sums in the final oft mate for the tax lovy for the noxt ensuing year: or tho commisstonors of the sinking Rund may, from: time, to: tima, in theit discre «Alor, diroot the comptrollor of tho. city to fs auie bonds or atooks of tho mayor, Aldorimet and commonalty of the city: of Now York, re duemablo. in not léss than ten nor more: that $wonty year rom the date of issue, in suck amount as shall bo necessary to provide suck aunid or atty part theroof, and. the mayor ant eomptroller of 'the: olty are heroby authorizot fio ign: such bonds, -which shall bear interes wba rato not oxcoeding threo por contuni po «annunt, and shall not be. disposed of at los Ahan. the par valuo thoreof, and it shall bo thi «duty of the clerk of tho common council of th- «olty to countersign the same and to affix thi seal of the clty thereto, and tho proper author Ablct of tho clty and county of Now York nre ;horaby authorized and directed: to enuso to br gained upon the property, subjcot to taxation Jn the olty and county of New York, suc! unis of money as may be: roguired to puy th Antorest on: suoly bonds and, redeont them i anaturity. The title to any property, aequir ad undar this sootion through the approval o tho commissioners: of the sinking fund, shal ibe voated in the mayor, ildermen and com anoitilby of tho alty of New York. All nrnmor: buildings in such olty shalt bo oreoted and at altorations; topairing, onlargoments: and fur nishing thoruof shall be mado and done unde: the direction mud supervision of the board cro by this soction, but all work which it 1 mnocessity to. do, ind all which it i necogsury to purchase tn and for such oreo tion, altorntions, ropatre, enlurgoments anc Fuenishings, hilt be done and procured undo wontract made at public lobbing, pursuant t tho general provisions of fnw as to priblic con bracté in. the alty of Now York. Tho gcompbrol for dw anthorlzad and required to pay, on th xéqulditton of such board, the amount corti fad, front timo to time, to be dues in suck imumer ns ha shalt direct, and the nmount ap proprinted shaltnot bo oxcoeded in fueurrinj axponditures tindor this provistom; such com anléstonors of tho sinidng fund may also, {1 their discretion, appropriate any plot or plot bf lund bolouging to the efty and not alroad, appropriated to. gome other public: use, ns lo eablons ow which armory buildings may t prooted. All ropriitrs to: mmorles: in: the clt, of Now York shnll bo nindo by said city ant all the utonsily, inntorinl#* and suppltes certi fod by the auditing bourd of in organizablot quartorad therolu to bo negessary for th cro und prokeryation of the portion ~ of the armory used or ocoupted by sald organ Auation: or of tho ttiiforns, equipment and furniture used or kept by sald organiza tlon: in such irmory shall be supplied by si and the board of estimato md npportion mont of atll city shalt annually include i: the tinal ostimate for the tax lovy for the nes your such an mnount of money a may be required to muke such repairs on guenish such suppltas, Boo. &. Seation one hundred and seveanty-st; of wald not ts hovoby nmondod: so ns to read a / follows: Roo: 170. Control of mmorios.-Evory armas [ahall be undar tho control und chargo of th gani¢ing. Hno officer commanding an organize» Atom theroin quartered. Commanding offics. shall deposit is the armorios provided f« wing he\ ' # hs gave dt a acs hott orgoweations all nilitiry property re emved by tuem front Uro r o time for the us OF ilt it respoctive commands. | \Tie chiefs o he general stuf depurtments of tho state, ont divistop and brigade communders and theis respective «taff officers shall at all times hays nomas fo aush armory whenever, in thei judswont, the exigency of the service may ro quire it. On the application of one or mor posts of the Grand Army of the Republic, a other voteram organizations of honorably dis eanrged milon soldiers, sailors or marines o the Inte war, approved by the commanding ofttear of the brigade of the fational guard i whose Jurisdiction armories, the property 0 the stato, uro located, and the officer in chars» of such urmory, subject niso to the approvil of the adjutintgonorat and undor such re strictions ns he may prescribe, the officer it charge of any stato armory designuted by tht adjutant-gencral shall provide a proper ant convenient meoting room or rooms in suc! nrmory where such posts or other veteran or ganizations may hold regular and spocia jnectings, without the payment of any expens therefor. Boc. 9. That section one hundred and seven ty-seven of said act be divided into three see tions and amended to read as follows: §co. 177, Avmoters, janitors and ongineers.- There shall bo allowed for each armory ant for the headquarters of cach brigade one as mover, andif the armory boe heated by stem» ono engineer, and an assistant engineer, if thi commanding officer of the brigndo withit whoso district such armory #6 located and the officer in charge of such armory shall certify t© the distursing officer of the county in whict guch armory is located that the sorvices of ar nsslstant ongincor aro necessary; thero shat also bo allowed for nn armory occupied by i rogiment, by a battalion not part of a regi mont, by a battory of light artillery, by i troop, by a signal corps, or by two or mor sopurate batteries or companies, one janitor and the armotor, the engineer and the janitor thus authorized shall bo nppointed by ti runking officer of the organization or organt zations quartered in the nrmory. Where a sig nai corps, troop, battery of light artillery, of the headquarters of a brigade occupied a por tion of in armory, such signal corps, troop un battory of light artillery shall also be entitlec to an armorer and a janitor, and such signi corps or brigade headquarters shall also bo on tifled to an armorer, who shall be appointed by its respective commanding officer, and suct beadquarters ind quarters shall be considered an indepondent armory, upon the approval und cortificate of the commanding officer of the bri gado within whose district such urmory is lo eated. The nemorer shall, under the direetior of the officer appointing him, take chiege of tht armory, arsenal ind pluco of deposit of the regi mont, battalion, troop, buttery, company sig nal corps and hrigado hendquarters, and of nl. uniforms, arms, equipmonts, and other proper ty issued under the provisions of this chapter thovein deposited, and discharge all dutic: connected therewith as shall be from time tc time prescribed by such communiing officer The special duty of thr engineer and assistind engineer shall be to take charge of the heating apparatus, and the junitor shall take charge of tho armory, the cleanliness theroof nnd of the furniture, fixtures find proporty thetein. Sec. 178. Lnborers.-To provide for the prop er care und cleanliness of armories and nrsen: als and of the property therein deposited, the commanding officer of a regiment, battalior nob part of a. regiment, troop, battery, com pany, signal corps, or brigade, or the ranking commanding officer, where two or more sep arate batteries or companies are quartered 1 an armory, may appoint Inborers: as follows For armories or arsenals having ten thousand square fect of floor surface, one luborer, whore tha floor surface exceeds twenty thou sand equare fost, two laborers; and for eack ° twenty thousand square feet in excess o: twonty thousand, an additional laborer: suck computation of square feet to include all drill rooms, administration and mesting-rooms drill sheds, hallways, vifie range and lavato ries, but excluding such cellar-rooms, boiler rooing and storo-rooms as are not included ir the forogoing classificution, and excluding armorers' and janitors' quarters. Before any such appointment is made, the necessity for the employment of such laborer or laborer, shall bo certified by the communding officer o: the brigade, and such certificate shall be flee in the office of the disbursing officer of the county in which the armory is situated. A cortificato of the numbor of fect of floor sur face of ouch armory in which Inborors uze ap pointed shull be made by the engineer of the brigade and approved by the commanding offf cer of the brigade within whose distries suct armory is located, and fled in the oftleo of the disbursing officer of the county in which the armory is located. Sec. 179. Compansation of employes in 1? morios.-The persons uppointed under the nre visions of the two preceding sections shall re ceive componsation for the tima actually anc necessarily employed in, their dutics, to be fix ed by the commandirg officer uppotuting sust persons as follows: When employed in armo ries or ntsenals located in cities, arniorers, jan itor and englneors not to oxceed four dollar: por day, unless the city bas i population o; lows than two hundred thousand, in which case such compensation shall not exceed thret dollars per day, and two dollars per day it armories not located in cltfes; laborers, not tr excood two dollars per duy, which compoensa tion, as certified to by the commanding officer appointing such persons, uindor the provistont of the two precoding sections, shall be pail somi-monthly upon the certificate of such ofl cer, ind shall be a county charge upon th county in which such armory or arsenal it situated, and shall be levied, collected ant paid in the same mauner as other count) charges are levied, collected and paid. A com missioned officer shall not be eligible for np pointment to, and shall not hold the position of, armorer, janitor, engineer or laborer it any arsenal or armory. Bec. 10, 'That section number one hundrec and seventy-eight of the inilitury code be re numbered as section number one hundred ant eighty-one. . Soo. 11. The said act is hereby amended by adding thorato new sections to read as follows Sec. 10. Hospital corps. -The commander-in chief may, in his discretion, organize hospita corps, to be composed of men 'especially en listed for said corps, or enlisted men wht may, with his consent, be transferred to suid corps upon the request of the sonior medica officer, and the approval of the communding ofhicor of the organization in which such mor are enlisted. 'The hospital corps shall consiz of twelve mon for each regiment, eight for enct squadron and ouch buttalion not a part of : regiment, and two for each separate troop battery, company or signal corps, and shal bo, in addition to the strongth provided by section fifteen of thig act. The commanding officer of an organization to which a hospita corps is attached, may appoint and wnrran from the mombers thereof, corporals at ch rate of one for each litter squad of four men. See. 182. Pay and care when injured or dis wbled in member of the nationa guard who shall, when on duty or therefor, in case of riot, tumult, breach of the peues, lusurreotion or invasion, or wheneve ordered by tho commuander-in-chiof, or calle in aid of the «ivil nuthoritics, receive ny in jury, or incur or contract ny disability of diw=aso, by regson of such duty or assombh therefor, which shall tempornrily incapneitats him trom pursuing his usual business or occu pation. shntl, during the period of such ines puelty, receive the duty pny provided by thi clupter and nctaul neerssary expenses fo cure and incdlical uttendunee. 'The period e such incapacity, and the sum allowed for suel oxponses slintl bo determined by a bourd a. three surgeons, to be appointed upon the ap plication of the member claiming to be so in capucitated by the commanding officer of th brigndo to which such member is nttached Such bourd is herwby invested with all thi powers of the exaniiners and boards provider by section ono hundred and thirty-one of thi chapter. The sum certified by such board t be due such member shall be a charge upor and be paid tit the manner provided by thi chapter, by the county in which such duty was rendored, in every case whoro a county is b; this. chapter mado Hable to poy for the per formance of military duty. In all other casa such sams shall bo paid by this state, in lik manner as other military accounts are paid Meo, 180. Armorers and employes for nava wilitfu.-On any vessol used as an armory of tho naval militia, in accordance with sectior swo hundred and ninety-four of this aot, thi ranking commanding officer of the organiza Mon or organizations quartered on said vesse shall have the right to appoint as many em t leyes of the same: classes described in the trvee preceding sections as, in bis judgment, tha care and safety of the vessel, its equip ment, armament and stores demand, ond tt establish their respective duties, ratings and compensation, always provided, however, film! the gross compensation of such employes shali not exceed the amount per day authorized and established by section one hundred and seven ty-nine of this chapter, The duties of the aforesaid employos shall include service or boats which are under the command of the rinking officey of such naval militia organiza tion. Soc. 12. This act shall take effect immedi ately. SraTe orp New York ss.: Office of the Secretary of State, § ** I have compared the preceding with the orig- inal law on file in this office, and do hereby cer tify that the sam is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twenticth duy after it shall have become a law. Section 48, article IL, chapter 8, General Laws.] CHAPTER 855. . AN ACT to amend chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled \An act in relation tt railroads constituting chapter thirty-nine of the general laws,\ and the several acti anmicndatory thereof, in relation to surface railronds. Became a law May 22, 1806, with the approval of the Governor. Passed, threo-fifths being present. The People of the State of New York, repre sented in Senate and Assembly, do cnact as fol lows: Section 1. Section ninety-one of chapter five hundred and sixty-five of the laws of cighteen hundred and ninoty, entitled \An act in rela tion to railvonds,\' constituting chapter thir ty-nine of the general laws, as amended by chapter six bundred and seventy-six of the laws of eighteen hundred and ninety-two and chapter four hundred and thirty-four of the laws of eighteen hundred and ninety-three, if hereby amended so as to read as follows: Sec. 91. Consent of property owners and lo cal nuthoritios.-A street surface railroad, or extensions or branches thereof, shall not bt built, extended or operated unless the con gent in writing acknowledged or proved a: are deeds entitled to be recorded, of the own: ers, in cities and villages, of one-half in value, and in towns, not within the corporate limit: of n city or village, of the owners of two-thirds in value, of the property bounded on, and alsc the consent of the local authorities having control of that portion of a streat or highway upon which it is proposed to build or operate such railroad shall have been first obtained The consonts of property owners in one city, village or town, or in any other civil division of the state, shall not be of any effect in any other city, village or town, or other civil di vision of the state. Consents of property own: ers heretofore obtained to the building, ex tending, operating or change of motive powe! shall be effectual for the purposes therein mentioned and may be deemed to be suft; ciently proved and shall be entitled to be re- corded, whenever such consents shall have been signed, excented or acknowledged before an officer authorized by law to. take edgments of deeds, or before or in the pres ence of a subscribing witness, and without ro gard to whether or not the subscribing wit ness shall have affixed his signature in the presence of the subscriber, provided that the proof of such signing, execubion or acknow?} edgment shall have been made by such suly scribing witness in the manner prescribed by chapter three, part two of the revised statutes. In cities the commion council, reting subject to the power now possessed by the mayor to vetc ordinances; in villages the board of trustees, and in towns the commissioner or commis sioners of highways shall be the local authori ties referred to: if in any city or county the exclusive control of any street, avenue or oth er property, which is to be used or occupied by any such railroad, is vested in any other wuthority, the consent of such authority shall also be first obtained. The valuo of the prop- erty nbove specified shall be ascertained and determined by the assessment voll of the city, village or town in which it is situated, com pleted last before the- local authorities shall have given theif consont, except property owned by such city, village or town, or by the I state of New York, ur the United Stutes of America, the value of which shall be ascer' tained and determined by making the valus thereof to be the same as is shown by such as seasment roll to be the value of the equivalent |\ in size and frontage of the adjacent property on the same street or highway; and the con: Rent of the local nuthoritids shall operate a: the consent of such.city, village or town at the owners of such property. Sec. 2. This act shall take effect immediately, Brave or New YorKr, g ss.: Office of the Secretary of State, ** 1 have compared the preceding with the orig inal law on file in this office, and do hereby cer tify that the sume is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK—B): Authority, [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 49, article II, chapter 8, General Laws.] CHAPTER 870. AN ACT to legalize and confirm the convey: ance by the city of Utica and the state ol New York of certain property in such city formerly used for armory purposes. Accepted by the city. Became a law May 22, 1890, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, repre sented in Senate and assembly, do enact as fol lows: A's Section 1. The executed by the city of Utica to the state of New York on January twentioth, eighteen hundred and ninety-six, of certain property in such city formerly used by the state for armory purposes, which deeé was recorded on such date in the Oneida coun ty clerk's office, in book of deeds three hun dred and twenty-three, at pages one hundred and sixty, one hundred and sixty-one and one hundred and sixty-two, is legalized and con firmed and shall operate as a conveyance tc the state of New York of the interest of the city of Utica in such property and the sppur tenances thereof, in accordance with the terms of such deed. Sec. 2. The sale of certain property in the city of Utica, formerly used by the state for ar mory purposes, made by the state of New York, through the comptroller, on the twelfth day of September, eighteen hundred and ninety five. to Griflith Owen, Wiliam H. Owen and George U. Owen, and tho deed thereof deliv- ered to such purchasers on the twenty-nintk day of January, eighteen hundred and nine ty-six, aro legalized and confirmed, and shal, be of the same force and effect, ns if the dees described in the first section of this act has been executed and delivered in pursuance o law prior to such sale by the state. See. 3. This net shall take effectimmediately. Sramte or New York, . Office of the Secretary of State, £85\ T have compared the preceding with the orig inal Jaw on file in this office, and do hereby cer tify that the same is a correct trunscript there from and of the whole of suid original law, JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become s law. Section 48, article 1, chapter 8, Genera Laws.] CHAPTER 878. §N ACT to insure prompt medical treatment for the sick or injured. Bocame a Jaw May 22, 1800, with tho.approva. of the Governor. Passed, three-fifths being presont. The People of the State of New York, repre genial in Senate and Assembly, do enact as fol- ows: ° Section 1. In any city, county, town or vil luge of this state wherein exists. oris herenfter creased, an ambulance system, supported whot ly or partly at public expense, or which i < % » wholly or partly unde\ the care, management or control 6f the public authorities, no persor in charge of an ambulance, hospital, or poust or place of reception for the sick or injured shall refuse, in answer to a call or demand for an ambulance, and which call has been an awered by the attendance of an ambulance, tt take such person or persons for whom a cal may be made to the hospital or place of recep tion for the sick or injured from which th ninbulance came, for examination and breat ment by the house authorities of the said hos pital or place of reception for the sick or in jyred. . Sec. 2. Any person or persons neglecting ol refusing to comply with the provisions of thit act shall be guilty 'of a misdemeanor. See. 8. This act shall apply to the driver of or the physician or physicians in charge of an ambulance, and shall take effect immedi ately. State or NEw YoRE ? mg. : Office of the Secretary of State, § 45° 1 have compared the preceding with the orig inal law on file in this office, and do hereby cer | tify that the same is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority: [Every law, upless a different time shall be prescribed therein, shall not take effect until the twentieth day after ib chall have become a law. Section 43, article H, chapter 8, Genera Laws.] CHAPTER 874. AN ACT to amend sections ten hundred ant eighty-four, ten hundred and ninety-six and ten hundred and ninety-seven of the code of civil procedure, relating to jurors in th city and county of New Yor Accepted by the Became a law May 22, 1896, with the approva of the Governor. Passed a majority being presont. ° The People of the State of New York, repre sented in Senate and Assembly, do enact as fol lows: _, Section 1. Section ten hundred and eighty. four of the code of civil procedure is hereby amended so as to read as follows: Sec. 1084. The jury year, in the city ans county of New York, commences on the firs! day of October. A person who has actually served as a trial juror, in a court of record of the state, within that city and county, twelv days within a jury yeur, is entitled to be dis charged by the court, except that he shall nol be discharged until the close of the trial it which he is serving, when the twelve days ex. pire. A person discharged as prescribed if this section is, thereafter, during the samt jury year, exemp$ from jury service in any county of the state; but in the city and coun ty of New York, a person so discharged may te excused for the following jury year. Whert the certificates of one or more clerks of tht courts, made as prescribed in section ten hun dred and eighty-nine of this act, shows that 1 person is entitled to a discharge, as prescribed in this section, the commissioner of juror must, upon request, certify to the fact. A person can not serve as a trial juror in court: of record at more than two terms in a jury year. Seo. 2. Section ten hundred and ninety-sis of the code of civil procedure is hereby amend ed so as to read as follows: See. 1006. On or before the first day of Octo ber,/in each year, the commissioner must re turn to the clerk of the city and county of New York, to be filed in his office, certified copies of the lists prepared by him, of the persons liable to serve as trial jurors in the courts of record for the ensuing jury year; but he, may omit, from such certified copies ol the lists, the names of those persons wht have served as prescribed in section ten hun dred and eighty-four. He may, from time tt time thereafter, strike from the lists kept by him the name of a person who is found by him to be exempt or disqualified. In that case he must record the reason why the name i stricken off. Seo. 8. Section ten hundred and ninety-sever of the code of civil procedure is hereby amend: ed so as to. read as follows: Sec. 1007. The ballots for trial jurors mus! be returned by the county clerk to the conr missioner on the last day of each month, 01 immediately after adjournment of the term for which they have been drawn. The com missioner must destroy those which are nol required for the current jury year. The bal lots for the current jury year must be pre pared by the commissioner (who may use, for that purpose, so many of the ballots prepared for the previous year as he deems expedient). The ballots so prepared must be delivered by the commissioner to the county clerk, and de posited by the county clerk, or his deputy, in a box, as prescribed in article two of title three of this chapter. The commissioner may, from time to time thereafter, return certified copies ef additional lists, containing the namef of persons liable to serve as trial jurors whict were omitted from the former lists; except thi, numes of those who have served as prescribed in section ten hundred and eighty-four; and the names of qualified jurors that have beet returned to the commissioner during the cur rent year, as having been fined, discharged, or excused: and ballots containing those name must be prepared in like manner, and: used for the residue of the jury year. Sec. 4. All acts und parts of acts inconsisten with the provisions of this act are hereby re pealed. / > sec. 5. This net shall take effect immediately. Stark or New York, g . Office of the Secretary of étate, se.: 1 havecompared the preceding with the orig inal luw on file in this office, and do hereby cer tify that the same is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF XEW YORK-By Authority [Every law, unless a different time shall. be prescribed therein; shall not take effect unti . the twentieth diy after it shall have become s law. Section 48, article I, chapter 8, Genera Laws.] CHAPTER 875. AN ACT to provide for a fishway in the Rock bottom dam in the Susquehanna river at the city of Binghinton and making an appro priation therefor. Became a law May 22, 1896, with the approva being of the Governor. Pussed, three-fifth: present. . - The People of the State of New York, repre sented in Senate and Assembly, do enact as fol lows: Section 1. The sum of three thousand dol lars, or so much thereof as may be necessary is hereby appropriated out of any moneys it the treasury not otherwise appropriated, for the construction of a fishway in the dam it the Susquebanna river at the city of Bing hamton, known as the Rockbottom dam. Suck fishway shall be constructed under the super vision and direction of the superintendent of public works, upon plans approved by tht state commission of fisheries, game and forest. and such moneys shall be payable by the treasurer on the warrant of the comptrolles to the order of the superintendent of public works. Sec. 2. This act shall take effect immediately Srame or New York . Office of the Secretary of State, f se.: I have compared the preceding with the orig- inal law on file in this office, and do herby cor- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall bave become a law. Section 48, article I1, chapter 8, Genera Laws.] CHAPTER $80. 4N ACT conferring jurisdiction upon the board of claims to hear, audit and determine the clninr of Mary Flannigan as administra trix of the goods, chattels and credits ol Herbert Flannigan, deceased, against the state of New York, and to make an therefor. R > Became a law May 25, 1896, with the approval wf the Governor. Passed, three-fifths being . present. Ths People of the State of New York, repre. icntcd, in Senate and Assembly, do enact as fol ows: ‘ ' Section 1, Jurisdiction i§ hereby conferred upon the board of claims to bear, audit and determine the claim of Mary Flannigan as ad: ministratrix of the-goods, chattels and credit: 29 « trator. of Herbert Flannigan, deceased, for damages alleged to have been sustained by her and the next of kin of said deceased while the said Her- bert Flannigan was in the employ of yhe state, in the year, cighteen hundred and mner-sxx. alleged to have been caused by. the negglgence of certain officers of the state, the stud. Her: bert Flannigan having received injuries in the performance of his duties As keeper in Auburn state prison at the hands of an insanepqnvgc! therein negligently confined, the said injuriet having resulted in the death of, said Herberl Flannigan on the seventh day of April, eight een bundred- and ninety-six. If the facts proved before said board shall. establish that damages have been sustained by said claim ant, representing herself and the said next of \ kin, arising or resulting as hereinbefore stat ed, for which a master or employer would be liable under like circumstances, said board shall determine the amount of such damages and award therefor such sum as shall be just and reasonable, not exceeding the sum of ten thousand dollars. Sec. 2. This act shall take effect immediately, Brame op NEw York, z sa.: Office of the Secretary of State, ** I have compared the preceding with the orig: inal law on file in this office, and do hereby cer tify that the same is a correct transcript there from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] CHAPTER 81 AN ACT to facilitate and 'to encourage com merce upon the canals of this state. Became a law May 25, 1890, with the approval of the Governot, Passed, three-fifths being present. The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol lows: Section 1. Any person or persons, joint com- pany or stock corporation owning or leasing, - in whole or in part, any floating elevator used for loading grain, coal or sand, shall, upon application to and in the discretion of the su- perintendent of public works, be assigned a place for and permitted to keep said floating elevator in the waters, basins or canals of this state at such point as may be most convenient for and for such period of time as may be necessary for the transaction of the busines: of loading or unloading grain, coal or sand shipped or to be shipped on the canals; pro- vided, however, that no obstruction to the free and interrupted use of the canals by boats navigating thereon shall be permitted., While such glevators are in operation, there shall be wised in connection therewith an apron or other device to prevent such material from falling into such waters, basins or canals Sec. 2. This actshall take effect immediately. Stare or NEw York, ge. : Office of the Secretary of State, i *to l s I have compared the preceding-with the orig: inal law on file in this office, and do hereby cer- tify that the same is a correct transcript there from .and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority, [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. * Section 48, article II, chapter 8, General Laws.] CHAPTER 891. AN ACT to amend section ninety-seven of the code of civil procedure. Accepted by the city. Became a law May 26, 1896, with the approval of the Governor. Passed, a majority being present. - ' The People of the State of New York, repre \sented in Senate and Assembly, do enact as fol. lows: . Section 1. Section ninety-seven of the cod of civil procedure is hereby amended to read as follows: > Sec. 97. The sheriff of each county, except New York and Kings, must, within a reasona ble time before the sitting, in his county, of any term of court, notify, in writing and per: sonally, as many constables or deputy sheriff: of his county as he has been directed to notify by the court or judge who is to hold or preside at the term, to appear and attend upon the term during its sitting. In addition to suck constables, or deputy sheriffs, the Justices ol the supreme court of the cighth judicial dis trict residing -in the county of Erie, or a ma jority of them, shall, in their discretion, ap point, and at their pleasure may remove, ont or more court officers, whose ~duty it shall be to attend at the justices' chambers and at spe cial terms of the supreme court held in said county of. Evie. Such officers shall possess all: the powers of officers designated by sheriffs to attend upon courts, and shall each receive 1 salary of ene thousand dollars a year, to bt paid in equal monthly payments by the treas urer of the county of Erie. The sheriff of said county of Erie shall not be required to attend or designate zny officer to attend at justices chambers or at special terms of the supreme court held in said county of Erie unlessre quested so to do by the justice presiding Each of the justices of the supreme court re siding in Kings county may appoint, and at pleasure remove, a clerk to such justice abs salary not exceeding two thousand dollars 1 year, to be raised and paid in the same man . ner as the salaries of attendants and officers. Bec. 2. This act shall teke effect immediately Bratk or NEw York ig > © Office of the Secretary of Btate, | \*' I have compared the preceding with the orig inal law on flle in this office, and do hereby cer tify that the same is a correct transcript there from and of the whole of said original law, JOHN PALMER, Secretary of State. LA WS OF NEW YORK-By Authority. [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have bedome ; law. Section 48, article II, chapter 8, Genera Laws.] ~ CHAPTER 807. - AN ACT 'to amend section four hundred and three of title three, chapter four'of an act, entitled ''An act relating to courts, officer of justice and civil proceedings,\ passe( June second, eighteen hundred and seventy six, being chapter four hundred and forty eight of the laws of eighteen hundred and seventy-six, as amended by chapterfive hun dred and forty-two of the laws of eightcer hundred and seventy-nine and chapter sev enty of the laws of eighteen hundred anc: ninety-one. Became a law May 26, 1896, with the approva. of the Governor. Passed, three-fifths being present. The People of the State of New York. repre sented in Senate and Assembly, do enact as fol- lows: Section 1. Section four hundred and three of title three, chapter four of an act entitled \Ar act relating to courts, officers of justice and civil proceedings,\ passed June second, eight een hundred and seventy-six, as amended. by chapter five and forty-two of the law! of cighteen hundred and seventy-nine, anc chapter seventy of the laws of eighteen hun dred and ninety-one, is, hereby amended so at to read as follows: Sec. 403. Exception when a person lable, 6 cetera, dies within the state.-The term ol eighteen months after the death, within. the state, of a person against whom a canse of actior exists, or of a person who shall have died within gixty days after an attempt shall have beer made to commence an action against him pur avant to the provisions of,section three hun 'éred and ninety-nine of this act, is not a part of the time limited. for the commencement of an action against 'his executor or adminis If letters testumentary or letters o: administration upon his estate are not issue? within this state, at least six months before the expiration of the time to bring the action, us extended by the foregoing provision of thir séction, the term of one year after such letter: are issued, is not a part of the time Himited for the commencement of such an action. 'The time during which an action is pending in a court ol record between a person or persons and an ex ecutor or administrator, wherein the persor ior persons claim to recover from the executor or administrator any money or other property claimed by said executor or administrator tt belong to the estate of the decedent, or is em braced in the inventory of the assets of sai. . 'net procéeds of such sales for th decedent's estate, is mot-a part of the tim « > limited for the.commencement of an s against ar executor or administrator, for 'C clpim acainst the estic= of the decedent usHil the final Geterminafion of the action Dryught to recover said pr.othor pruperty, claimed by said executor or administrator to belong. f said decedent's estat bal us slag 1. Whore the claim the estate of the decedent is liquidated by . the, recoyery.0f judgment thereon against an executor. or nd ministrat action in a court of record. or under stctich twenty-seven hundred an eightzen of\ this code, After trial on the mg its. - i ~ 9. Where a legatee brings an action, or ing tutes a proceeding, against an executor or ad ministrator with the will annexed, to enfo tlie payment of a legacy. S Bec. 2. This act shall take effect :mmediately, Stare or New York. 2553- vi ells Office of the Secretary of State,} \~* < T-have compared the preceding. with the orig inal law on file in this office, and do hereby cer. tify thit the same is a correct transcript there: from and of the whole of said original law. . JOHN PALMER, Secretary of Sta LAWS OF NEW YORK-By Authori [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall haye become law. Section 48, article I, chapter 8, Gen Laws.] ' tol Cg a CHAPTER - 900. R : AN ACT authorizing the sale of ale and beet. upon the premises of the New , York Staft Soldiers and Sailors' Home of Bath, New York, and providing for the expenditure: the net proceeds therefrom.:~ ..> | \.s Became a law May 20, 1896, with the approval of the Governor. Passed, three-fifths being present. - . The People of the State of New York, rept .lszmted in Senate and Asseimbly, do enact as fol lows: +O Section 1. The trusteesof the New York Sof diers and Sailors' Home at Bath, New York, upon complying with the provisions of chap ter one hundred and twelve, laws of cighteex hundred 'and. nigety-six, of the state of New Y‘ork, are hereby. authorized -to sell als and boer to the members-of said home, upon, the premises of said, home, under such rules and regulations as said trustees shall prescribe, and the provisions of clause one, section twen,. ty-four and clause six of section thirty of said chapter one hundred and twelve of 'the law \of eighteen hundred and ninety-six shall no! apply to such New York State Soldiers an Sailors' Home. * DL e. sen t Sec. 2. The said trustees shall, expend t support: of the library and reading-room of said home an - for such other purposes as they shall deem best for the comfort and, amusement of the nient bers of said hohie.. % Sl Sec. 8. All nctsand partsiof acts inconsis with this act are hereby repealed. Bec. 4. This net shall take:effect immediately, . Stare or New York,) |_ . ° Office of the Secretary of State; i 88.3.0 T have compared the preceding with the ori inal law on file in this office, and do hereby ce tify that the same is 1 correct transcript the from and of the whole of said original law. JOHN PALMER, Secretary of State, LAWS OF NEW YORK-By Authority. * [Every law, unless 'a different time shall be prescribed therein, shall not take. effect until the twentieth day after it shall have become - law. Section 48, article I, chapter 8, Geimrair Laws.] , - CHAPTER 901 - ws AN ACT to amend chapter five bundred and ¢: fifty-six of the laws of eighteen hundred and ninety-four, entitled \An act to revike, amend and ~consolidate. the general acts re lating to public instruction,\ Telative te, teaching physiology, ygiene and narcotic® as amended by chapter ten hundred and forty-one of the laws of\ eighteen hundred and ninety-five. ' Cn Roces Became a law May 26, 1806, with the approval. of the Governor. Passed, a majority ”being! present. bls nge The People of the State of New York, téprec. sented in Senate and Assembly, do enact as fol lows: - for - 53 Bection 1. Sections nineteen . and twenty of\ article six of title fifteen of chapter five h dred and fifty-six of the laws of eighteen hu dred and ninety-four, known' as the consol¥. dated school law, as. amended by chapter tes hundred and forty-one of the laws of- hundred and ninety-five, are hereby smalls: 9 to read as follows: P & eu # Sec. 19. The nature of alcoholic drinks and other narcotics and their effects on the human system shall be taught in connection with the - various divisions of physiology and bygiens .as thoroughly as are. other branches schools under state control; or- suppo wholly or in part 'by public- money of state, and also in- all schools connected wit¥ reformatory institutions. All pupile in: the above-mentioned schools below the second - year of the high school and above the third- year of school work computing from 'the be 3 ginning of the lowest primary, not kindergar' ten, year, or in corresponding classes of tin graded schools, shall be taught and 'shall study' : this subject every year with suitable text-book © in the hands of all pupils, for nog le three lessons a week for ten or more week or the equivalent of the same in each year, and must pase satisfactory tests .in this ns ir other studies before promotion to the nexf succeeding year's work: except, -that; where there are nine or more school years below; the high school, the study may be omitted 'in ali years above the eighth yearand below the. high school, by such pupils as have passed the: required tests of the:. eighth year. -In all schools above-mentioned, 'all. pupils in'; 'the lowest three primary, not kindergarten;schoo! . years or in corresponding classes in ungraded: schools shall each year be instructed: in, thi subject orally for not less than br pr . week for ten weeks, or the equivalent of ;th same in each Year, by teachers using tex 'Books adapted. for such oral-~instructiciias's ~ guide and standard, and such pupils i pass such tests in this as 'may be ) other studies before promotion: succeeding year's work. ,' Nothing:! 1 shall be construed as prohibiting:or . iriv the teaching of this subject in ~kindergarte schools. The local school authorities shall pr vide needed facilities 'and definite time an place for this branch in the regular courses of study. 'The text-books 'in the pupils' hand shall be graded. to the capacities. :of fqurth year, intermediate, grammar® and high school; pupils, or to corresponding classes in ungraded: schools. For students below high school grad such text-books shall give at least \one-fifth their space, and for students~of high-school grade shall give not less than twenty pages t4 the nature and effects of alcoholic drinks and\ other narcotics. This subject must be $reated in the text-books in connection with the va: rious divisions of physiology and hyglene, and. pages on this subject in .a separate -chapter at She end of the book shall not be counted in'dé: termining the minimum. No text-book on physiology not conforming to this act shall be used in the public schools except so long ai. may tbe necessary to fulfill 'the conditions of - any legal adoption existing at the time of the passage of this act.- 'All regents' examinatione in physiology and bygiene shall- include a due -- proportion of questions on the 'n@ture of al - coholic drinks and other marcotics, and effects on the human system. ~. Bec. 20. In all normal 'schools, training-classes and teachers' institutes, quate time and attention shall be given to in struction in the best methods*of teaching this branch, and no teacher shall be dicensed who has not passed'a satisfactory examination in- this subject, and the best methods of teach ing if: On satisfactory evidence that; any teacher has willfully refused 'to teach thir subject, as provided in this act, the states perintendent of public instruction shall re- voke the license -of\ such teacher, ; No public money. of the state shall be apportioned by the state superintendent of public instruction or paid for the benefit of any city until the sa-. perintendent of schools therein shall have filed with the treasurer or chamberlain of such city an affidavit, and with' the state superin- tendent of 'public instruction a duplicate .of such affidavit, that, he has made thorough i vestigation as 'to the facts, and that to the best. of bis, knowledge, information, and be lief, all the provisions of this act have beer complied with in all~ the schools under his su-. - pervision in such city during the last preced< ing legal school year; nor sliall any public money' of the mtate 'be apportioned by state superintendent of public instruction, or