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hereby appropriated out of any money in the treasury not otherwise appropriated, payable by the treasurer on the warrant of the comptroller, for the payment of confidential clerks to certain justices of the supreme court in the sixth and seventh judicial districts, from April nineteenth, eighteen hundred and ninety-eight, to September thirtieth, eighteen hundred and ninety-nine, to be refunded to the treasury pursuant to the provisions of chapter three hundred and twenty-six of the laws of eighteen hundred and ninety-eight.

§ 2. This act shall take effect immediately.

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Chap. 39. AN ACT to authorize the supreme court to appoint Garner and • Company, a corporation, to act as administrator with the will

annexed of, and trustee under, the will of William T. Garner,

deceased. Became a law March 2, 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. Power is hereby conferred upon the supreme court Power to of the state of New York, upon the death or resignation of William company E. Thorn, sole surviving executor of, and trustee under, the last trator. will and testament of William T. Garner, deceased, to appoint Garner and Company, a corporation organized under the laws of the state of New York, as administrator with the will annexed of, and as trustee under, the last will of William T. Garner, deceased, with all the authority and power now vested in, belonging to, or exercised by the aforesaid surviving executor and trustee under said will, and such appointment shall have the same force and effect as if made by the surrogate's court, or the supreme court, under any existing statute.

§ 2. Application for such appointment may be made either in Applicaan action, or by petition. The consent in writing of the three appointdaughters of William T. Garner, or such of them as shall be living, shall be necessary to authorize such appointment, but not the renunciation of any other person.

§ 3. In case such application shall be made by petition, said and thos petition may be presented by any person interested in the estate

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of said William T. Garner, deceased, as legatee, heir at law, or next of kin, or by the sole surviving executor of and trustee under said will, and such notice of said application shall be given such legatees, heirs at law, or next of kin, or such executor and trustee, as the court shall direct. Upon the return day of such notice, the court shall, by reference or otherwise, inquire whether it is for the interest of any and all persons interested in said estate that the prayer of the petition be granted, and if the court shall come to the conclusion that it will be for the interest of all persons interested in said estate that the application be granted, it may

grant the same, and make all orders necessary to carry out the Resigna- provisions of this act. If the said petition shall be made by the viving ex- sole surviving executor and trustee under said will, or an action

be brought the said court shall in the same proceeding, have the power to accept his resignation as such, to take effect upon the appointment and qualification of Garner and Company, as herein

provided, upon his final accounting to such court. Corpora- $ 4. Full power and authority is hereby given to said corpora

tion, Garner and Company, to accept said appointment, if made by the court, and to perform all the duties imposed thereby or appertaining to said office of administrator with the will annexed, and trustee under said will of William T. Garner, deceased. The court may, in its discretion make such appointment, without requiring said corporation to give any bond as such administrator, or trustee,

if the daughters of said William T. Garner consent that no such Subject to bond be required, or given. Said corporation shall be, at all times,

subject to the supervisory powers of the supreme court only, and said court may, in its discretion, at any time, upon the application

of any person interested in said estate, require said Garner and Account Company to render an account; and it shall render an account of

its proceedings to said court at least once in every five years.

§ 5. This act shall take effect immediately.

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Chap 40.
AN ACT to provide for holding the annual town and city election

of the town and city of Dunkirk at the general election on the
first Tuesday after the first Monday in November of each year.

Passed without the acceptance of the city.
Became a law March 6, 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. The annual election of all town and city officers of Anuual, the town and city of Dunkirk, and of the members of the board of city eleceducation of the union free school district of the town of Dun. kirk, shall hereafter be held on the first Tuesday after the first Monday of November in each year; and the persons so voted for and elected at said annual election, excepting the receiver of Tercers of taxes, shall enter upon the duties of their respective offices on the first day of January succeeding their election, and shall hold said respective offices for the same length of time, from said first day of January, as is now provided by law for holding said offices. The receiver of taxes shall enter upon the duties of his office on the first day of May succeeding his election, and shall hold his office for the same length of time as is now provided by law. All town and city officers of said town and city shall hold their re. spective offices until their successors are duly elected and quali. fied."

§ 2. The names of all persons voted for at said annual election Ballots and for said offices, shall be printed or written upon the same ballots, votes. as those that contain the names for candidates for state and county offices, unless the manner of their election is otherwise specially provided for by law; and the canvassing of all votes cast at said election, for said officers, shall proceed and be declared in the same manner as if cast at the annual town and city elections heretofore held in March of each year. All certificates of Certifinominations of city officers shall be in duplicate, one of which nominashall be filed with the city clerk of said city, and the other with the county clerk at such time as is now required by law for filing town nominations with the county clerk.

$ 3. This act shall take effect immediately.

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Chap. 41.
AN ACT to amend the public officers law, in relation to the com-

missions of notaries public.
Became a law March 6, 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. Section eight of chapter six hundred and eighty-one of the laws of eighteen hundred and ninety-two, entitled “An act in relation to public officers, constituting chapter seven of the general laws,” is hereby amended to read as follows:

§ 8. Commissions of officers.—The commission of every officer appointed by the governor, or by the governor by and with the consent of the senate, shall be signed by the governor and attested under the seal of this state, by the secretary of state who shall make and record in his office a copy of such commission, and de. liver the original to the officer appointed, by a messenger, if the governor shall so direct, and otherwise, by mail, or as the secre. tary of state shall deem proper. Commissions of notaries public may be signed by the secretary to the governor, and shall be sent to the county clerk of the county in which such notaries public respectively reside. Every other appointment of an officer, made by one or more state officers, shall be in writing, and signed by the officer or officers, or by a majority of the officers, or by the presiding officer of the board or body, making the appointment. Every such written appointment shall be deemed the commission of the officer appointed, and if of a state officer, a duplicate or a certified copy thereof shall be recorded in the office of the secretary of state; if of a local officer it shall be sent to the clerk of the county in which the officer appointed shall then reside, who shall file the same in his office, and notify the officer appointed of his appointment.

§ 2. This act shall take effect immediately.

amended.

Chap. 42.
AN ACT to amend the fisheries, game and forest law, relating to

meadow larks.
Became a law March 6, 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 seventy-nine of chapter four hundred and Laws eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninetyfive of the laws of eighteen hundred and ninety-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-five, is hereby amended to read as follows:

§ 79. Meadow larks shall not be shot at, killed or possessed Meadow after they are dead, at any time. Whoever shall violate or at tempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section.

§ 2. This act shall take effect immediately.

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Chap. 43.
AN ACT to change the name of The New York Cancer Hospital.
Became a law March 6, 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. The name of the New York Cancer Hospital, as in. corporated by an act passed May twenty-first, eighteen hundred and eighty-four (chapter four hundred and twenty-nine of the laws of eighteen hundred and eighty-four), is hereby changed to that of General Memorial Hospital for the Treatment of Cancer and Allied Diseases.

§ 2. This act shall take effect immediately.

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