Chap. 375. AN ACT conferring discretionary power upon the city of Buffalo through its common council to audit, adjust and allow certain claims for damages connected with lands under water in said city. Became a law April 15, 1912, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: allow ferred on council. Section 1. Discretionary power is hereby conferred upon the Power to common council of the city of Buffalo to audit, adjust, allow and claims conprovide for the payment of certain claims and demands of James common G. Warren, Edward P. Bowen, Harry W. Bowen, Dennis Bowen, Ernest Bowen, Lawrence Bowen, Jennie Howard Bowen, Mary E. Bowen and Mary Winship, their heirs or assigns, as holders of the record title to certain lands under the waters of Lake Erie or Niagara river between Georgia and Jersey streets, extended westerly, arising or accruing from the appropriation by said city of the fee of the adjacent uplands for park purposes by certain proceedings in eminent domain, wherein the appraisal commissioners, by their report filed on or about the seventeenth day of June, nineteen hundred and ten, and a subsequent report filed on or about the twenty-fifth day of October, nineteen hundred and ten, and each of them thereafter confirmed by order of the supreme court, refused to make or allow any awards to the persons above named. All action taken by the common council with Procedure. reference to said claims shall be taken according to the procedure prescribed for the passage of resolutions by section eighteen of chapter one hundred and five of the laws of eighteen hundred and ninety-one and the acts amendatory thereof, being the charter of said city. claimants such § 2. In case said common council shall audit, adjust and allow Action by said claims in such amounts and upon such terms and conditions in case of as are acceptable to said claimants, they, said claimants, and each allowance. of them, shall file with the city clerk of said city an acceptance in writing of such amounts, and shall file with the corporation. counsel such stipulations of discontinuance, without costs to either party, as he may require of appeals taken by them, or any of Filing of statements Action where them, from the said order of the supreme court confirming said report of the appraisal commissioners in said proceedings in eminent domain, and shall also execute and file with said city, in such form as shall be approved by the corporation counsel, releases of all, and several, their said claims against the city of Buffalo, and such quitclaim deeds as shall be required and approved by the corporation counsel, releasing and quitclaiming to said city all their rights, titles, interests and claims in or to said lands under water. § 3. At any time after this act takes effect said claimants may of claims. file with the common council a statement of their said claims, specifying the total sums claimed by them, respectively, as a full settlement and adjustment of their said claims. In the event that no such statement is filed within sixty days after this act statements takes effect, or that such statement or statements are incomplete, the common council shall have authority of its own motion to begin proceedings for ascertaining the amounts equitably due to said claimants and each of them, and may audit, adjust and allow the same as hereinbefore provided. not filed or not complete. 4. This act shall take effect immediately. L. 1909, ch. § 347, as amended Chap. 376. AN ACT to amend the judiciary law, in relation to the compensation of attendants of appellate division in third and fourth departments. Became a law April 15, 1912, 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 three hundred and forty-seven of chapter 35, a thirty-five of the laws of nineteen hundred and nine, entitled "An by L. 1910, act in relation to the administration of justice, constituting chapter thirty of the consolidated laws," as amended by chapter three hundred and four of the laws of nineteen hundred and ten, is hereby amended to read as follows: ch. 304, amended. $347. Compensation of attendants of appellate division in third and fourth departments. Each of the attendants appointed by the justices of the appellate division of the third department shall receive a compensation to be fixed by the justices, not exceeding eighteen hundred dollars1 a year payable monthly, but the compensation of all such attendants shall not exceed in the aggregate thirty-six hundred dollars.2 Each of the attendants appointed by the justices of the appellate division of the fourth department shall receive a compensation to be fixed by the justices which shall not exceed twelve hundred dollars3 per year, payable monthly. Such attendants shall also be entitled to receive their traveling expenses to and from their homes to the place where said sessions are held, not exceeding once in each term. The compensation of the attendants shall be paid by the comptroller of the state upon the certificate of the presiding justice of the department. § 2. This act shall take effect immediately. Chap. 377. AN ACT to amend the judiciary law, in relation to the compensation of deputy clerk of the appellate division, fourth depart ment. Became a law April 15, 1912, 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: 35, § 271, amended, Section 1. Subdivision six of section two hundred and seventy- L. 1909. ch. one of chapter thirty-five of the laws of nineteen hundred and nine, subd. 6 entitled "An act in relation to the administration of justice, constituting chapter thirty of the consolidated laws," is hereby amended to read as follows: tion of clerks, 6. The salary of the deputy clerk of the appellate division in Compensathe third department shall be not to exceed fifteen hundred dol- deputy lars per annum and the salary of the deputy clerk of the appellate appellate division in the fourth department shall be two thousand dollars third and per annum, to be paid by the comptroller of the state to such ap- partments. 1 Formerly "fifteen hundred dollars." 2 Formerly "twenty-seven hundred dollars." Formerly "nine hundred dollars." 4 Subdivision to here formerly read: "The salary of the deputy clerk of the appellate division in each of the third and fourth departments shall be not to exceed fifteen hundred dollars per annum.” division, fourth de pointees monthly, and annually apportioned by him among the § 2. This act shall take effect immediately. L. 1909, ch. 39, § 15, subd. 8, as amended by Chap. 378. AN ACT to amend the liquor tax law, in relation to penalties. The People of the State of New York, represented in Senate Section 1. Subdivision eight of section fifteen of chapter thirty-nine of the laws of nineteen hundred and nine, entitled L. 1909, ch. "An act in relation to the traffic in liquors and for the taxation 1910, chaps. and regulation of the same and to provide for local option, conand L 1911, stituting chapter thirty-four of the consolidated laws," as amended 281, L. 485, 503, ch. 643, amended. Consents by Owners of property within dred feet. by chapter two hundred and eighty-one of the laws of nineteen hundred and nine, and by chapters four hundred and eighty-five and five hundred and three of the laws of nineteen hundred and ten, and chapter six hundred and forty-three of the laws of nineteen hundred and eleven, is hereby amended to read as follows: 8. When the nearest entrance to the premises described in said statement as those in which traffic in liquors is to be carried on is three hun within three hundred feet, measured in a straight line, of the nearest entrance to a building or buildings occupied exclusively for a dwelling, there shall also be filed simultaneously with said statement a consent in writing that such traffic in liquors be so carried on in said premises during a term therein stated, executed by the owner or owners, or by a duly authorized agent or agents of such owner or owners of at least two-thirds of the total number of such buildings within three hundred feet so occupied as dwellings, and acknowledged as are deeds entitled to be recorded, except that such consent shall not be required in cases where such traffic in liquor was actually lawfully carried on in said premises so described in said statement on the twenty-third day of March, eighteen hundred and ninety-six, nor shall such consent be required for any place described in said statement which was occupied as a hotel on said last mentioned date, notwithstanding such traffic in liquors was not then carried on thereat. Whenever the consents shall have been obtained and filed as required by law at the time of such filing, unless the same be given for a limited term, no further or other consent for trafficking in liquor on such premises shall be required so long as such premises shall be continuously occupied for such traffic. sents on tion of If a liquor tax certificate shall be revoked and canceled under New consection twenty-seven of this chapter, or forfeited under any other cancellasection of this chapter, after the first day of May, nineteen hun- certificate. dred and five, the traffic in liquors shall not thereafter be carried on at the premises for which such certificate was issued, nor any liquor tax certificate obtained therefor so long as said premises continue to be occupied, not exceeding one year, by the person who was the holder of the forfeited certificate at the time of the commission of the act complained of, or occupied by a member of his family, his agent or by any person in his employ, or representing him, or so long as the said former certificate holder shall be interested in the traffic in liquors to be continued at said premises under a new certificate, unless there shall be obtained and filed simultaneously with the application statement of such certificate, a consent in writing that such traffic in liquors be so carried on in said premises, as required by the general provisions of this subdivision, notwithstanding such traffic in liquor may have been actually lawfully carried on in said premises on the twenty-third day of March, eighteen hundred and ninety-six, or said premises occupied as a hotel on said last mentioned date, and notwithstanding said premises may have been continuously lawfully occupied for such traffic in liquors or may have been continuously occupied for a hotel from a date prior to the date when a building or buildings on the same street or avenue and within two hundred feet of said premises has been occupied exclusively as a church or schoolhouse, and notwithstanding the consents required by this subdivision, given for an unlimited term, shall have been previously obtained and filed, and if the violation of law for which the can- Effect of cellation or forfeiture of said certificate was had was that any because of 1 As amended by L. 1909, ch. 281, L. 1910, ch. 503. cancellation |