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Issue of bonds au

said questions or either of them to the electors of said city, or the
steps taken by such authorities preliminary to such submission.
§ 2. This act shall take effect immediately.

Chap. 122.

AN ACT to authorize the city of Utica to borrow money for new schools and to issue bonds therefor.

Accepted by the city.

Became a law March 23, 1899, 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:

Section 1. The common council of the city of Utica is hereby thorized. authorized to borrow money and to issue the corporate bonds of the said city for the sum of sixty thousand dollars, for the purpose of raising the sum of forty thousand dollars, voted at the annual election of eighteen hundred and ninety-eight, to complete the free academy building, and also the sum of twenty thousand dollars, voted at the annual election of eighteen hundred and ninety-eight, to erect and furnish a new school building on Aiken street in said city.

When payable, etc.

Sale and application of pro

ceeds.

§ 2. The said bonds shall be made payable at such times and in such amounts as may be ordered by the common council, but none of them shall run more than twenty years. They shall be signed by the mayor and clerk, and shall bear annual interest at a rate not exceeding five per centum per annum.

§ 3. Said bonds shall be sold at not less than par, and out of the proceeds thereof, the sum of forty thousand dollars shall be set apart by the treasurer of said city, as a separate fund, to be used by the board of commissioners of common schools of said city, for the sole purpose of completing the new academy, and the sum of twenty thousand dollars shall be set apart by the treasurer of said city, as a separate fund, to be used by said board of commissioners of common schools, for the sole purpose of erecting and furnishing a new school on Aiken street in said city. Any premium received for said bonds shall bc paid into the special funds hereby created. Any sums remaining after the erection of said schools, shall be transferred by the said board of commissioners of common schools and by the city treasurer to the contingent fund of said board.

§ 4. The common council shall raise each year in the annual city tax levy, such sums as shall be necessary to pay the amount of principal and annual interest falling due during the ensuing year, on the bonds provided for in this act.

§ 5. This act shall take effect immediately.

Tax for principal and in

terest.

Chap. 123.

AN ACT to amend chapter thirty-four of the laws of eighteen hundred and ninety-nine, entitled "An act for the better administration of justice in the town of Sweden, county of Monroe," in relation to the jurisdiction of police justice.

Became a law March 23, 1899, 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:

amended.

Section 1. Section three of chapter thirty-four of the laws of Act eighteen hundred and ninety-nine, entitled "An act for the better administration of justice in the town of Sweden, county of Monroe," is hereby amended to read as follows:

justice.

tion and

§ 3. Such police justice shall have and maintain at his own ex- office for pense a proper and suitable office for the transaction of his official business in the village of Brockport in said town, but may if he choose use such office as may be provided in said village by said town for such purpose. Such police justice may hold a court of special sessions in said town, and shall have in the first instance jurisdic- Jurisdic tion to hear, try and determine charges of misdemeanor committed powers. within said town and triable by a court of special sessions, subject to the right of removal as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed within the county. Such police justice shall have jurisdiction to take the examination of a person charged with the commission in such town of a crime not triable by a court of special sessions; and also to hear, try and determine charges against a person of being a vagrant, or disorderly person within such town, or having committed disorderly conduct therein, and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto. Such police

Warrants for arrests

and proceedings thereon.

justice shall have all the power and authority and be subject to all the duties and liabilities of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct in the county of Monroe, but if the offense is charged to have been committed outside of the town of Sweden, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him who shall proceed thereon as though such warrant had been issued by him upon such papers. The term "proceeding" as used herein also includes a special proceeding of a criminal nature. Such police of justices justice shall also have and exercise the same powers, authority and jurisdiction in all criminal actions and proceedings as justices of the peace of such town now have, or which may hereafter be conferred on such justices of the peace, and be subject to the same duties and liabilities in respect thereto. The court held by such police justice shall be designated the police court of the town of Sweden. Such court shall also have and exercise the same powers, authority and jurisdiction as courts of special session now have, or which may hereafter be conferred on Review of them. The judgments and proceedings of such police justice or police court may be reviewed in the same manner as provided by law in criminal actions and proceedings before a justice of the peace or a court of special sessions.

To have power.etc..

of peace.

Police court.

judg

ments, etc.

Charter amended.

§ 2. This act shall take effect immediately.

Chap. 124.

AN ACT to amend chapter three hundred and five of the laws of eighteen hundred and ninety-one, entitled "An act to revise, amend, and consolidate the several acts in relation to the village of Bath on the Hudson, and to revise and amend the charter, and to repeal certain acts and parts of acts."

Became a law March 23, 1899, 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 two of title two, chapter three hundred and five, of the laws of eighteen hundred and ninety-one, is hereby amended to read as follows:

lage elec

tion.

§ 2. An election to be called the annual village election, shall Annual vil be held at the same places and time hereafter with the general election, on Tuesday next succeeding the first Monday in November, eighteen hundred and ninety-nine, and each year thereafter. The terms of office of the officers elected at the annual election shall commence on the first day of January of the year next succeeding their election. The board of trustees of the village of Bath on the Hudson shall cause a notice stating each officer who may lawfully be voted for at such election by the electors of the village to be published in the official newspaper of said village for at least forty days before said election, and to be posted in six public places in said village at least forty days prior to such election, and all regular nominations for such offices shall be filed with the county clerk, according to the provisions of the general election law relative to the nomination of county officers, and it shall be the duty of the county clerk to print the village nominations on the official ballot. The polls of the annual election in the several election districts shall be opened and closed at the hours provided by statute for the opening and closing of the polls of general elections, and upon the completion of the canvass of the vote in each election district in said village, the inspectors of said districts shall cause a separate statement of all votes received for village officers to be made in detail, and shall sign and certify to the same, within twenty-four hours after closing of said polls, and file said certificate with the village clerk. The board of trustees shall convene on Tuesday, next succeeding said annual election, in November next at eight o'clock in the Board of afternoon at their usual place of meeting, and shall thereupon organize a village board of canvassers of the election returns, and the statement of the votes cast and filed with the village clerk, by the inspectors of the general election, shall be produced by the village clerk. The board of trustees acting as such board of canvassers shall forthwith determine, declare and certify in the manner provided by law, who was duly elected at said election to the various village offices, and file a certificate of the same with the village clerk, who shall immediately notify such parties of their election. All the provisions of the general election law, General as to the powers, duties and procedure of a county board of can- law, apvassers shall, as far as pertinent, be applicable to said village board of canvassers, and shall regulate and control the board in the discharge of their duties as a board of canvassers.

canvassers.

election

plicable.

Repeal.

§ 2. All acts, or parts of acts, inconsistent with this act, relative to the annual election of village officers of said village is hereby

repealed.

§ 3. This act shall take effect immediately.

Jurisdiction to

Chap. 125.

AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claims of Robert Strong and Frederick Hahn, Clarence C. Race, John C. Granger and James H. Hawkins against the state of New York, for personal injuries growing out of an explosion of naphtha, which occurred at the capitol in the city of Albany, New York, on or about the twentyfifth day of May, eighteen hundred and ninety-eight and render judgment therefor.

Became a law March 23, 1899, with the approval of the Governor. Passed, a majority 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 court of hear claim. claims to hear, audit and determine the alleged claims of Robert Strong, Clarence E. Race, John C. Granger, Frederick Hahn and James H. Hawkins against the state, for injuries alleged to have been sustained by each aforesaid person by reason of an explosion of naphtha, in the capitol in the city of Albany, New York, on or about the twenty-fifth day of May, eighteen hundred and ninety-eight, and to make an award and render judgment therefor against the state and in favor of said claimant.

Award or judgment.

§ 2. No award shall be made, or judgment rendered herein, against the state unless the facts proved shall make out a case against the state which would create a liability were the same established in evidence in a court of law or equity against an individual or corporation; and in case such liability shall be satisfactorily established, then the court of claims shall award to, and render judgment for the claimants for such sums as shall be just and equitable notwithstanding the lapse of time since the accruing of damages, provided the claim hereunder is filed with the court of claims within one year after the passage of this act. § 2. This act shall take effect immediately.

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