may pur

essary

port; and the inhabitants and freeholders residing, or who may hereafter reside, within the limits aforesaid, are hereby constituted a body corporate, by the name of "The village of Spencerport." And said Village village of Spencerport may purchase or rent such real estate, and may chase or erect, maintain and keep in repair thereon such buildings as may be rent necnecessary or proper for village purposes; and all assessments and taxes buildings. heretofore made and levied for such purposes are hereby ratified and confirmed. All conveyances to or by the said village shall be taken or made. in its corporate name, pursuant to a resolution duly adopted at an annual or special meeting.

§ 2. This act shall take effect immediately.

Chap. 60.

AN ACT to amend chapter two hundred and five of the laws of eighteen hundred and eighty-three, entitled “An act to abolish the office of canal appraiser and the state board of audit, and to establish a board of claims, and define its powers and duties."

PASSED March 25, 1884; 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 chapter two hundred and five of the laws of eighteen hundred and eighty-three, entitled "An act to abolish the office of canal appraiser and the state board of audit, and to establish a board of claims, and define its powers and duties," is hereby amended so as to read as follows:

appoint

§ 2. The board of commissioners shall appoint, and at pleasure may Commisremove, a clerk, a stenographer, who shall act as deputy clerk, and a sioners to messenger, each of whom, before entering upon the duties of his office, clerk, etc. shall take the oath of office required by the constitution, and file the same in the office of the secretary of state; they shall perform their duties under the direction of the board. The clerk, under the direction Clerk, duof the board, shall disburse the fund which from time to time may be ties of,etc. appropriated for the use of said board, and before entering upon the duties of his office, he shall make and file in the office of the comptroller a bond, for the faithful performance of his duties, in an amount and with sufficient sureties to be approved by the board, which approval shall be endorsed on said bond. The clerk shall receive an annual salary of three thousand dollars, in lieu of all fees, except for copies of papers. The stenographer shall receive an annual salary of fifteen Stenograhundred dollars, and five cents a folio for copies of minutes and testi- pher, du mony furnished at the request of the claimant; but no charge shall be made against the state by the clerk or stenographer for copies of minutes, testimony or papers furnished the attorney-general or the board. of commissioners, or filed in the office of the clerk. The stenographer shall file with the clerk a copy of the minutes and testimony taken in each claim heard by the board. The messenger shall receive an annual Messensalary of eight hundred dollars, and the clerk, stenographer and mes- ger, dusenger shall each receive actual expenses while in the discharge of

iies of,etc.

ties of,etc.

Sessions.

Duty of sheriff.

Sea!.

their respective duties at other places than the city of Albany. Said salaries shall be payable monthly. The commissioners shall meet on the first Monday in June, eighteen hundred and eighty-three, at the city of Albany, for the purpose of organization and appointment of said clerk, stenographer and messenger, and for the adoption of rules of procedure.

§2. Section four of said act is hereby amended so as to read as follows:

§ 4. The said board shall hold at least four sessions in each year in the city of Albany, commencing, respectively, on the second Tuesday of January, April, September and November, and shall continue each session so long as may be necessary for the disposition of business, and it may hold adjourned sessions at such other times and places in the state as the board may determine necessary and proper. The sheriff of any county other than the county of Albany, on notice from said board, shall furnish suitable rooms in the court-house of his county for any session or adjourned session of said board, and shall in person or by deputy, if required by said board, attend said session or adjourned session, and his fees for attendance shall be paid out of the contingent fund of said board, at the same rate as for attending a term of the supreme court in said county.

§ 3. Section six of said act is hereby amended so as to read as follows:

Record of § 6. Said board shall keep a record of its proceedings, and at the comproceed. mencement of each session of the legislature, and at such other times during ings. each session of the legislature as it may deem proper, or as the senate or assembly may request, report to the legislature the claims upon which it has finally acted, with the statement of the award made in each case. Said board shall have and use a seal, which shall conform as to the device thereon, and the size thereof, to the requirements contained in the provisions of chapter one hundred and ninety of the laws of Evidence. eighteen hundred and eighty-two. The copy of any record, order, award or other paper certified by the clerk of said board, under the seal of said board, shall be entitled to be read in evidence, in any and all courts, and before any and all officers, with the same force and effect as papers certified under the seal of the supreme court, by a clerk thereof. Said seal shall be procured for said board by its clerk, and kept in the office of said clerk.

Jurisdiction.

§ 4. Section seven of said act is hereby amended so as to read as follows:

§ 7. Said board shall have jurisdiction to hear, audit and determine all private claims against the state which shall have accrued within two years prior to the time when such claim is filed, except claims barred by any existing statute, and to allow thereon such sums as should be paid by the state. Such board, however, shall have jurisdiction of such claims as were formerly cognizable by the state board of audit, provided they shall be filed on or before July first, eighteen hundred and eighty-four, and shall not have accrued more than six years prior to such filing. It shall also have jurisdiction of all claims, on the part of the state, against any person making a claim against the state before said board, and shall determine such claim or demand, both on the part of the state and the claimant; and if it finds that the demand of the state exceeds the demand of the claimant, it shall award such excess in favor of the state against the claimant.

§ 5. Section nine of said act is hereby amended so as to read as follows:

entries to

§ 9. Books shall be kept in the office of the clerk of said board in Books, which the orders and awards of said board shall be entered by the be made clerk of said board, and each of said awards shall be entered by him in, etc. in detail; and he shall attach all the papers in any one claim, with a copy of the testimony and certified copies of all orders therein, to a certified copy of the final order or award, and file the same in his office. Any such final order or award in favor of the state shall be Final final and conclusive as between the state and the claimant, and the award in state may sue for and enforce collection of the same in any court hav- state to be ing jurisdiction. The attorney-general shall take such proceedings sive. as may be necessary to enforce any such order or award in favor of the state.

§ 6. Section ten of said act is hereby amended so as to read as follows:

favor of

conclu

of ap

ings on,

§ 10. When the amount in controversy exceeds five hundred dollars, Appeal to either party feeling aggrieved by the final award or final order of the the court board may appeal to the court of appeals, upon questions of law only, peals, arising upon the hearing of the claim or upon the excess or insuffi- proceed. ciency of such award or order. The court of appeals shall hear such etc. appeal, and affirm, reverse or modify such award or order, or dismiss such appeal, or award a new hearing before the board of claims, as justice may require. Every appeal shall be in writing, stating briefly the grounds upon which it is taken, and subscribed by the party or his attorney. A copy of such notice of appeal shall be served upon the clerk of the board and upon the attorney-general. When the appeal is taken by the state, copies of such notice of appeal shall be served upon the clerk of the board and the claimant, or the attorney appearing for him. Service of notice of appeal shall be made in like manner as in the supreme court. The appeal must be taken within thirty days after service of notice of the final award or order of the board. The party taking an appeal shall, at or before the time of serving the notice thereof, unless said board, or a commissioner thereof, shall extend the time, make and serve upon the attorney-general, or, if the appeal is taken by the state, upon the claimant or the attorney appearing for him on the hearing before the board, a case containing so much of the evidence given before the board as may be necessary to present the questions raised by the notice of appeal; the respondent may propose amendments, and one of the commissioners before whom the claim was heard shall settle the same and sign the case so settled. And in case no appeal is taken from the decision of said board, as provided by this act, the decision of the board shall be final.

§ 7. Section eleven of said act is hereby amended so as to read as follows:

to be con

§ 11. On the hearing before the court of appeals, only such questions Questions shall be considered by the court as are raised by the notice of appeal. sidered on And on all questions not raised by the notice of appeal it shall be pre- appeal. sumed that sufficient evidence was given on the hearing to sustain the order or award. The practice upon the hearing of appeals in the court Practice. of appeals, from the final order or award of the board, shall conform, as near as may be, to the practice prevailing upon appeals from the courts of record of this state. Upon the hearing of all claims before the Rules of board, the rules of evidence now prevailing in the courts of record of this state shall be observed, and the practice upon such hearings of claims observed. and taking appeals from the final order or award made therein shall conform, as near as may be, to the practice now prevailing in the supreme court of this state upon the trial of actions, and upon appeals;

evidence,

etc., to be

Jurisdic

tion to

hear canal

claims.

but in no such appeal shall the appellant be required to give a bond or undertaking.

§ 8. Section thirteen of said act is hereby amended so as to read as follows:

§ 13. All the jurisdiction and power to hear and determine claims against the state, formerly possessed by the canal appraisers and the state board of audit, is hereby vested in the board of claims. Whenever a claim against the state is pending before said board of claims, which the canal appraisers have heretofore had jurisdiction to hear and determine, the board shail take testimony in the vicinity where the damages are alleged to have occurred, and the premises alleged to have been damaged shall be personally viewed by said board, and said board. shall hold an adjourned session in said vicinity for the purpose of hearing said claim.

§ 9. This act shall take effect immediately.

Board of education may take

move re

Chap. 61.

AN ACT to authorize and empower the board of education of union free school district number one, of the town of Deerpark, Orange county, to take proceedings for the removal of the remains buried in St. John's burying ground, in the village of Port Jervis, to Laurel Grove cemetery, and to acquire the title to said burying ground for the enlargement of a school-house site adjacent thereto.

PASSED March 25, 1884; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of education of union free school district number one, of the town of Deerpark, are hereby authorized and empowered proceed to take proceedings in the manner hereinafter provided to remove ings to rethe remains buried in St. John's burying ground, in the village of Port Jervis, Orange county, New York, which adjoins the school-house site. now owned by said school district on Main street in said village, from said burying ground to Laurel Grove cemetery in said village, and to secure the title to said burying ground for the purpose of enlarging

mains.

Consents

obtained.

said school-house site.

§ 2. To entitle said board of education to proceed under the authority to be first of section one of this act, that body shall first obtain from such of the owners of lots and burial places in said burying ground or from the representatives of such as may not be living, who are known and who will consent thereto, consents in writing that said board of education may proceed to remove the bodies interred in their lots and burial places to Laurel Grove cemetery, which consent shall contain the terms on which they are willing that such removal shall be made.

Proceedings in supreme court to

§ 3. If the consent of all the lot-owners therein or of the representatives of such as are not living cannot be obtained by said board of education because they are unwilling to consent thereto, or because be had in they are unknown or cannot be found or ascertained, upon proof thereof sents can- by affidavit showing the facts which have prevented the procuring of

case con

such written consents, and upon proof also by affidavit showing the not be obnumber of those who have consented to such removal, with their names, tained. and the necessity of procuring the title to said burying ground and the removal of the bodies buried therein therefrom for the purpose of enlarging said school-house site, the supreme court of the state of New York, at any special term thereof held in the county of Orange, if satisfied of the truth of said matters and that it will be for the advantage and benefit of the schools in said district, and will promote the public good, shall make an order for said lot-owners and the representatives of such as may be dead to show cause at a time and place within the county of Orange to be specified therein, which time shall not be more than thirty days after the date of said order and at least ten days after the date thereof, why they should not consent to the removal of the bodies interred in their lots or burial places therein, for the purposes stated in section one of this act. Such order to show Order to cause shall be served on such of said lot-owners and the representatives be served and pubof those who are not living who are not known to reside in the state of lished. New York and are within said state at least ten days before the return day thereof, and on such as are unknown or are without the state of New York by publication in the newspapers published in said village of Port Jervis once in each week for at least two successive weeks before the return day of said order, and in cases where the post-office address of said owners or the representatives of such as are dead is known, by mailing a copy of said order to show cause to them at their last known post-office address at least ten days before the return day of said order.

have con

§ 4. At least five days before the return day of said order to show Notice to cause notice shall be given in writing to such lot-owners and represen-lot-ownbe given tatives thereof as have consented to the removal of the bodies from the ers who lots owned by them, and who are residents of and are within the state sented. of New York, of the time and place when and where said order to show cause is returnable, and that said board of education will then and there ask for the appointment of commissioners to ascertain, fix and appraise the terms and conditions on which such removals may be made, and the amounts which shall be awarded therefor, and for the interests of the lot-owners, and of the representatives of those who are dead in the lots and burial places therein in which the remains of their relatives or others for whom they are interested are buried. Such notices shall be served personally on those residing and being within the state of New York, and by mail on those not residing or being therein, at their last known post-office address. Where service of said notice is made by mail it shall be at least ten days before the day for the return of said order.

filed.

§ 5. On the return day of said order to show cause said board of Proof of education shall file with said court proof of the service of said order to service of petition, show cause, and of the notices herein before provided for, in accordance etc., to be with the provisions herein before set forth. Said board of education shall also at that time present to and file with said court a petition containing a description of the land comprising said burying ground, the names of such persons interested therein as they have been able to find, the names of those who have consented to the removal of remains from lots and burial places in which they are interested, and the reasons for failure to procure such consents from the other persons interested therein, the purposes for which the ground now occupied for said burying ground is required, and the reasons for the acquirement thereof, and the benefits to be derived therefrom by the public.

Said