Establishment of fish hatchery. Acquisi tion of land. Appropriation. Chap. 513. AN ACT to provide for the establishment of a fish hatchery for Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The commissioners of fisheries, game and forests are hereby authorized and directed to erect and maintain a fish hatchery at or near one of the inland lakes of the state, for the pur pose of the artificial propagation and distribution of food or commercial fishes, the site to be selected by the said commissioners. § 2. The necessary land on which is to be erected the hatchery mentioned in the first section of this act may be obtained by purchase or otherwise by said commissioners of fisheries, game and forests, taking deed or deeds therefor in the name of the people of the state of New York. § 3. The sum of six thousand dollars is hereby appropriated for the purpose of carrying out the provisions of this act, payable out of any funds in the treasury not otherwise appropriated, to be expended by the commissioners of fisheries, game and forests, in the same manner that the other expenditures by said commissioners are now authorized by law. § 4. This act shall take effect immediately. Appropria tion. Chap. 514. AN ACT to appropriate moneys for the completion and improve- Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The sum of six thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the completion and improvement of the state armory at Binghamton; said amount to be paid by the treasurer upon the warrant of the comptroller on bills for said completion and improvements approved by the adjutantgeneral. § 2. This act shall take effect immediately. Chap. 515. AN ACT authorizing the superintendent of public works to fill Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and of lands author ized. Section 1. The superintendent of public works is hereby author. Filling f ized to fill a certain pond-hole or excavation on lands belonging to the state, and situate between the Seneca turnpike and the lands of the West shore railroad, and immediately east of the Oneida creek in the town of Vernon, Oneida county. tion. § 2. The sum of one thousand dollars, or so much thereof as Appropriamay be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to carry into effect the provisions of section one of this act, payable on the warrant of the comptroller upon the requisition of the superintendent of public works, as he may desire the same in the progress of such work. § 3. The work herein authorized shall be performed in accord Plans, etc. ance with plans, specifications and estimates to be furnished and approved by the state engineer and surveyor. § 4. This act shall take effect immediately. Chap. 536. AN ACT to amend the code of criminal procedure, in relation to Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Sections seven hundred and fifty-two, seven hundred and fifty-four, and seven hundred and fifty nine of the code of criminal procedure are hereby amended to read respectively as follows: § 752. How allowed.--If, in the opinion of the judge, it is proper that the question arising on the appeal should be decided by the county court, he must indorse on the affidavit an allowance of the appeal to that court; and the defendant, or his attorney, must within five days thereafter, serve a copy of the affidavit upon which the appeal is granted, together with a notice that the same has been allowed, upon the district attorney of the county in which the appeal is to be heard. § 754. Undertaking, when and with whom filed.-The undertaking upon the appeal must be immediately filed with the clerk of the county court, and the said clerk of the county court shall within five days thereafter, give notice to the district attorney of the county that such bond has been filed, which notice shall give the name of the defendant and his sureties, the offense for which the defendant was charged and the amount of the bail given. § 2. This act shall take effect September first, eighteen hundred and ninety-seven. Sale of cemetery land. Proof to supreme court. Order of court. Chap. 538. AN ACT providing for the sale of land of cemetery associations or Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. It shall be lawful for any cemetery association, duly incorporated under the act authorizing the incorporation of rural cemetery associations, to dispose of its land from which all bodies have been removed with the consent of the former owners of the lots in which such bodies had been interred, upon proving to the satisfaction of the supreme court of the district where its land is located, that all bodies have been removed from said lots with the consent of the former owners thereof, and properly and decently interred in some other cemetery; that all said lots and parts of lots have been reconveyed to said cemetery association and are not used for burial purposes; that burials have been prohibited in said cemetery; that all parties interested in said cemetery as trustees or creditors consent thereof, and that its debts and liabilities have been paid. The supreme court may, in its discretion, appoint a referee to take proof of the facts above stated. Upon being satisfied that such cemetery association has complied with the requirements above stated, the court may make an order authorizing it to sell and dispose of its said land. § 2. This act shall take effect immediately. Chap. 542. AN ACT in relation to the armory of the Thirty-fourth Separate Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and ation for ment of armory. Section 1. The sum of seven thousand dollars or as much thereof Appropri as may be necessary is hereby appropriated out of any moneys in improve the treasury not otherwise appropriated, for the purpose of erecting an addition to the armory of the Thirty-fourth Separate Company at Geneva, New York, and for making such alterations and improvements as may be necessary for the better preservation of the property of the state therein. The said sum of seven thousand dollars or so much thereof as may be necessary shall be payable by the treasurer upon the warrant of the comptroller, to the order of the adjutant-general, the inspector-general and the chief of ordnance, and shall be expended by them upon plans to be approved by them; and they are hereby appointed commissioners for such purposes. § 2. This act shall take effect immediately. Chap. 543. AN ACT making an appropriation for completing and furnishing Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. The sum of twenty-five thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, for the purpose of and to provide for heating, ventilating, lighting, equipping, furnishing, and grading grounds of the State Normal school at Jamaica. § 2. This act shall take effect immediately. Code amended. Jurisdiction of court of special sessions. Chap. 546. AN ACT to amend section fifty-six, subdivision thirty-seven, of the code of criminal precedure, in relation to the manner in which an accused shall elect to be tried in a court of special sessions. Became a law May 18, 1897, 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 fifty-six, subdivision thirty-seven, of the code of criminal procedure, is hereby amended so as to read as follows: § 56. Subdivision 37.-When a complaint is made to or a warrant is issued by a committing magistrate for any misdemeanor not included in the foregoing subdivisions of this section, if the accused shall elect to be tried by a court of special sessions, as provided by section two hundred and eleven. But this subdivision shall not apply to any misdemeanor which is or may be punishable by a fine exceeding fifty dollars, or by imprisonment exceeding six months. § 2. This act shall take effect October first, eighteen hundred and ninety-seven. Code amended. Chap. 547. AN ACT to amend section six hundred and thirteen of the code Became a law May 18, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Section six hundred and thirteen of the code of crim. inal procedure of the state of New York, is hereby amended to read as follows: Require- § 613. If chattels, books, papers or documents be required, a direc ments in to produce books, etc. subpoena tion to the following effect must be contained in the subpoena: chattels, "And you are required also to bring with you the following," (describing intelligibly the chattels, books, papers or documents required.) § 2. This act shall take effect September first, eighteen hundred and ninety-seven. |