Chap. 279. AN ACT to provide for the publication and distribution of the fisheries, game and forest law, as amended. Became a law April 7, 1999, 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: tion of Section 1. As soon as practicable after the adjournment of the Compila present session of the legislature, the fisheries, game and forest game laws commission shall make a compilation of the fisheries, game and forest law, as amended at the date of such compilation, together with all laws supplemental thereto. same. § 2. The legislative printer shall, under the direction of the Printing of clerks of the senate and assembly, print eleven thousand copies of said law in pamphlet form of pocket size and deliver the same to the said clerks, who shall distribute them as follows: viz., sixty copies to each senator, thirty copies to each assemblyman, and the balance to the fisheries, game and forest commission. § 3. This act shall take effect immediately. Chap. 280. AN ACT to amend section thirty-seven of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-four, entitled "An act relating to canals constituting chapter thirteen of the general laws." Became a law April 7, 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 thirty-seven of chapter three hundred and Canal law thirty-eight of the laws of eighteen hundred and ninety-four, entitled "An act relating to canals, constituting chapter thirteen of the general laws" is hereby amended to read as follows: § 37. There shall be allowed and paid to every person sustain- Claims for ing damages from the canals or from their use or management, or resulting or arising from the neglect or conduct of any officer damages. of the state having charge thereof, or resulting or arising from any accident, or other matter or thing connected with the canals, the amount of such damages to be ascertained and determined by the proper action or proceedings before the court of claims; but no judgment shall be awarded by such court for any such damages in any case unless the facts proved therein make out a case which would create a legal liability against the state, were the same established in evidence in a court of justice against an individual or corporation; provided that the provisions of this act shall not extend to claims arising from damages rePayment sulting from the navigation of the canals. Neither the comptroller nor the commissioner of the canal fund shall pay any damages awarded, or the amount of any commutations agreed on for the appropriation of land or water, or for the erection of a farm bridge, until a satisfactory abstract of title and certificate of search as to incumbrances is furnished, showing the person demanding such damages or commutations to be legally entitled thereto, which abstract and search shall be filed in the office of the comptroller. of awards. Act amended. Appropriation for § 2. This act shall take effect immediately. Chap. 281. AN ACT to amend chapter three hundred and ninety-one of the laws of eighteen hundred and ninety-eight, entitled "An act to provide for the support and maintenance of the Woodhaven Fire Department of the town of Jamaica, borough of Queens, in the city of New York," in relation to provision for volunteer fire department. Accepted by the city. Became a law April 8, 1899, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senat and Assembly, do enact as follows: Section 1. Chapter three hundred and ninety-one of the laws of eighteen hundred and ninety-eight, entitled, "An act to provide for the support and maintenance of the Woodhaven fire department of the town of Jamaica, borough of Queens, in the city of New York," is hereby amended to read as follows: § 1. The board of estimate and apportionment of The City fire depart of New York is hereby authorized to appropriate such sum ment. or sums as said board may deem necessary for the support and maintenance of the Woodhaven fire department incorporated by an act entitled "An act to incorporate the Woodhaven fire department of the town of Jamaica," being chapter six hundred and seventy-four of the laws of eighteen hundred and ninety-five, and also for the equipment, support and maintenance of such other local fire companies and departments which are now operating in the borough of Queens, city of New York, for the equipment, support and maintenance of which no specific provision is made by the act entitled "An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and provide for the government thereof," being chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, until the said local fire departments and companies are merged in or superseded by the regular paid fire department of the city of New York. § 2. This act shall take effect immediately. Chap, 282. AN ACT to amend chapter eighteen of the laws of eighteen hun- Became a law April 8, 1899, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: charter Section 1. Section twenty of chapter eighteen of the laws of City eighteen hundred and sixty-two, entitled "An act to revise the amended. charter of the city of Utica," as amended by chapter three hundred and seventy-one of the laws of eighteen hundred and seventy-six, is hereby amended to read as follows: tion coun § 20. The corporation counsel shall be the head of the law Corpora department of said city and shall have the management and charge sel. his of all the law business of the corporation in which the city is inter duties. viser, etc. ested unless the common council otherwise direct. He shall keep a record of all suits and proceedings which, as such counsel, he shall have in charge. In case of his sickness or absence, he shall have power to authorize any attorney to appear for and on behalf of the city in any suit or proceeding, but the services of the person so authorized shall not be a charge against the city. He shall, when required by the common council, prepare all legal papers for the city, or town of Utica, and shall be the legal adviser of the common council and of the other departments of the corporation. He shall when desired by the common council, see that all proceedings in relation to improvements and the opening of streets are regularly conducted and he shall perform such other duties as are required of him by this act, and such as the council may prescribe. Legal ad. In addition to the duties above mentioned the corporation counsel shall act as the legal adviser of the mayor, the board of town auditors, the board of charities, the board of assessors, the board of health, police and fire commissioners, commissioners of common schools and all other boards or departments or officers of the city or town of Utica and shall have charge of all actions or proceedings brought by or against such board or officers or any of them, including bastardy proceedings, and certioraris in assessment proceedings and such boards, departments or officers, or any of them shall have no power to employ other counsel at the expense of said city or town, unless the common council so direct. Whenever the words "city attorney" or "attorney of the city" or other words of like import shall be used in said act, or in any act relating to said city, or town of Utica, it shall be deemed to mean the corporation counsel of said city. Upon taking office, the corporation counsel shall be deemed to be substituted as attorney of record in all actions and proceedings in which the city or town of Utica or any of the departments, boards or officers of said city herein before. mentioned are a party and it shall not be necessary to enter any Council order to that effect. Upon the written recommendation of the row money corporation counsel, the common council from time to time may judgment. borrow temporarily a sum sufficient to pay any judgment against the city, or any settlement or compromise made by the common council, of any action or proceeding against the city. The sum so borrowed shall be assessed, levied and collected in the next tax budget thereafter and shall be in addition to the sums authorized to be raised by section forty-seven of the charter of the city and no property real or personal, of the city or of any of its depart Words "city attorney," etc., defined. Substitu tion as attore !may bor to pay Tax for amount. ments shall be levied upon or sold by virtue of any judgment against the city or such departments. § 2. Section forty-five of chapter eighteen of the laws of eighteen hundred and sixty-two as amended by chapter three hundred and seventy-one of the laws of eighteen hundred and seventy-six, chapter forty-six of the laws of eighteen hundred and eighty-seven, chapter two hundred and twenty-four of the laws of eighteen hundred and ninety-one, and chapter four hundred and fifty of the laws of eighteen hundred and ninety-three is hereby amended to read as follows: alderman. and corporation counsel. over of costs, etc. tion of officers. § 45. The common council shall pay to each alderman an annual Salary of salary not exceeding three hundred dollars, and to the treasurer an annual salary not exceeding fifteen hundred dollars which shall be Treasurer in lieu of all commissions or other compensation whatever, and to the corporation counsel an annual salary not exceeding fifteen hundred dollars which shall be in lieu of all fees, commissions or compensation whatever except such as are town charges, which salaries shall be a city charge and paid quarterly. And all costs Payment and fees recovered wherein the city or any officer or department of the city is a party shall be paid to the city treasurer within five days after the receipt thereof; the several officers appointed by the Compensa common council under the provisions of this act, or any other act ce tain whose compensation is not otherwise provided for shall be allowed and paid for their respective services such compensation as the common council shall deem reasonable and the inspectors, poll clerks and other election officers of all elections held in any ward of the city shall be allowed and paid the compensation allowed by law. The corporation counsel shall receive from Salary of the town of Utica, the annual salary of one thousand dollars, which shall be a town charge and audited, levied, assessed and collected as other town charges and shall be in lieu of all fees, commissions or compensation except such as are city charges as aforesaid. Such salary shall be payable quarterly. All costs, fees and sums Payment received wherein said town, or any of its departments or officers in town. or any other board or officers in this act mentioned are parties, shall be paid to the treasurer within five days after receipt. thereof. § 3. This act shall take effect immediately. 40 corporation counsel from town. over of costs, etc., |