be legal. negligence, and that the claimants were free from contributory negligence and that in justice and equity, the state should pay Claim shall therefor, then such claim shall be a valid and legal claim against the state, and the court may award and render judgment against the state in favor of the claimants for such sum as it shall deem just and equitable, notwithstanding the failure of the claimants to file a claim therefor within the proper period of time or to file notice of intention to file such claim, or to do any other act in relation to the presentation of such claim within the time limited or prescribed by law. The claim having already been filed and being claim number nineteen thousand six hundred and forty-three, such jurisdiction shall attach without the refiling of the claim. unless lia § 2. Nothing in this act shall be construed as passing upon the No award merits of this claim and no award shall be made or judgment rendered against the state unless sustained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation. bility is created. § 3. This act shall take effect immediately. Jurisdiction conferred. Purpose. Court may make award. State con sents to have lia bility determined. CHAPTER 778 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of the county of Washington for reimbursement of moneys paid by such county for road construction alleged to have been chargeable to the state, and to render judgment therefor Became a law May 22, 1934, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim of the county of Washington against the state for moneys alleged to have been paid by such county for road construction in certain cases where it is alleged that the expense of such construction was chargeable to the state, and if the court finds that the county of Washington paid money for road construction which was properly chargeable to the state, it may make an award thereon and render judgment against the state in favor of the claimant for such sum as the court may determine to be justly due, notwithstanding the failure of such county to file notice of intention to file such claim, and notwithstanding the failure of such county to file such claim within the time prescribed by law, provided the claim herein is filed with the court of claims within six months after this act takes effect. § 2. The state hereby consents to have its liability on such claim determined. Nothing herein contained shall be held as admitting the validity of such claim, or any part thereof, upon the part of the state, nor as waiving any defense of the state thereto, except that such claim shall not be impaired or defeated on account of the failure to file the notice of claim within the time prescribed by statute. § 3. This act shall take effect immediately. CHAPTER 779 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of Catharine A. Larkin and James F. Smith against the state, for damages sustained by reason of undermining land of claimants caused by water levels established by the state for canal purposes, and to render judgment therefor Became a law May 22, 1934, 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 con tion. Section 1. Jurisdiction is hereby conferred upon the court of Jurisdicclaims to hear, audit and determine the claim of Catharine A. ferred. Larkin and James F. Smith against the state for damages to the Purpose. real and personal property of the claimants described as follows: Descrip "Beginning on the east bank of the Hudson river at a point in the county of Rensselaer at the southwest corner of Mr. Kings land and running thence south 89 degrees 30 minutes east 36 chains and 90 links along the south bound of lands belonging to Kings and Filkins to the west bounds of Filkins land; thence south 7 degrees east along said Filkins land 16 chains and 7 links to a small black oak sapling; thence north 81 degrees 45 minutes west 37 chains 88 links to the bank of the Hudson river; thence up the said river to the place of beginning;" also that certain tract, piece or parcel of land situate lying and being in the town of Schaghticoke (formerly in the town of Lansingburgh) in the county of Rensselaer and state of New York and bounded and described (on the twenty-fourth day of October, eighteen hundred thirty-four) as follows, to wit: On the west by the Hudson river; on the north by Shaws land; on the east by Aaron Filkins land; and on the south by Wynant Vandenburgh's land; also all that certain lot, piece or parcel of land situate, lying and being in the town of Schaghticoke (formerly in the town of Lansingburgh) in the county of Rensselaer and state of New York and bounded and described as follows, to wit: Beginning on the east bank of the Hudson river at the point of division between the lands of the said Nicholas Lape and Ann B. Holme and running easterly along the said division line to the bottom of a ravine and brook of water; thence westerly along said ravine and brook to Hudson river; thence northerly along the east bank of the same to the place of beginning, in the month of April, nineteen hundred Damages shall constitute and thirty-three, and loss and damages sustained in consequence thereof, caused by reason of the undermining of the land of the claimants by wave and current action from water levels established by the state for barge canal purposes, and if the court finds that the injury and damage were so sustained, damages therefor shall constitute a legal and valid claim against the state and the court may award to and render judgment for the claimants against the state in such sum as shall be just and equitable, notwithstanding the lapse of time since the accrual of such claim and the failure of the claimants to do any act in relation to the presentation of No award such claim within the time prescribed by law, but no award shall be made or judgment rendered against the state unless such claim time limit. be filed with the court of claims within six months after this act takes effect. legal claim. unless claim filed in § 2. This act shall take effect immediately. Jurisdiction conferred. Purpose. CHAPTER 780 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claims of John C. Agnew and John C. Agnew, Junior, against the state of New York for damages and personal injuries alleged to have been sustained through negligence of the state in connection with the destruction by fire of the Plattsburgh state normal school Became a law May 22, 1934, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the respective claims of John C. Agnew and his son, John C. Agnew, junior, an infant, against the state for damages resulting from personal injuries alleged to have been sustained by said claimant, John C. Agnew, junior, on or about the twenty-sixth day of January, nineteen hundred twenty-nine, while present in the Plattsburgh state normal school as a member or prospective member of a band consisting of students. of the practice department of said school, of which department he was a student, engaged in taking or preparing to take a private saxaphone lesson outside of school hours from the director of music of said school and a member of the faculty thereof, with the knowledge, permission and consent of the principal of said Plattsburgh state normal school, and escaping from a fire which destroyed the same, by reason of having jumped or fallen from a window on the second floor at the southerly end of said building, though using reasonable care under the circumstances to prevent such accident, a principal or contributing cause of which was the general condition of said building or the lack of fire escapes thereon or other additional means of escape therefrom; said claimant, John C. Agnew, junior, having thereby sustained, as alleged, personal injuries and the said claimant, John C. Agnew, having necessarily incurred expenses in connection therewith. If such facts be proven to the satisfaction of the court and the court finds that the state failed and neglected to exercise ordinary care and prudence in constructing, equipping and maintaining said building and premises or in using or permitting the use thereof at the time of said fire and deems it just and equitable that the claimants should be compensated by the state for such injuries Court may and damage it may determine the extent of the injuries and damage and allow such claims in such sum as it deems to be just damages. and reasonable and render judgment therefor against the state notwithstanding the failure of the claimants to file such claims or intention to file such claims within the time limited therefor by statute; provided, however, that the claims allowed by this act Claims shall be filed with the court of claims within six months after this filed withact takes effect. allow just sum for shall be in six months. unless lia § 2. Nothing herein contained shall be construed as passing upon the merits of any such claims and no award shall be made No award or judgment rendered against the state unless sustained by such bility is evidence as would create liability in a court of law or equity against an individual or corporation. § 3. This act shall take effect immediately. created. CHAPTER 781 AN ACT authorizing the ereation of a state debt and making an appropriation providing for the purchase of materials to be used in the construction of buildings, works and improvements for the state Became a law May 21, 1934, with the approval of the Governor. Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: created. annual Section 1. The creation of a state debt to the amount of four state debt hundred thousand dollars ($400,000) is hereby authorized to provide moneys for the purchase of materials to be used for the con- Purpose. struction of buildings, works and improvements for the state. Such debt to be contracted as a part of the aggregate annual debt Part of authorized by section fifteen of article seven of the constitution and aggregate in the manner provided by section fourteen-a of the state finance debt. law. The sum of four hundred thousand dollars ($400,000) is Amount. hereby appropriated for carrying out the provisions of this act payable from the proceeds of the sale of bonds hereby authorized. § 2. The moneys hereby appropriated shall be expended by and Conditions under the direction of the superintendent of public works and in accordance with a schedule approved by the director of the budget. Copy of such schedule shall be filed with the state comptroller. for expending. Use of ap § 3. The moneys appropriated by this act shall only be used propriation. for the purchase of materials to be used in the construction of buildings, works and improvements of the state, the probable life of which shall not be less than twenty-five years. § 4. This act shall take effect immediately. Union free tricts. CHAPTER 782 AN ACT to authorize the issuance of bonds by certain school districts in the Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The board of education of any union free school school dis- district, or of any central high school district, or the trustees of Authorized. any other school district, in the county of Nassau, which is not coterminous with the limits of an incorporated city or village and Exception. in which the fiscal year begins on July first, except union free school district number twenty-eight in the town of Hempstead Issuance of in said county, are hereby authorized to issue negotiable bonds of bonds. such district for the purpose of operating the schools and paying Purpose. the lawful expenses of such district for the fiscal year beginning negotiable Amount. July first, nineteen hundred thirty-four. Such bonds shall be authorized by resolution of the board of education or such trustees, and by a majority of the voters of such school district present and voting at any annual or special district meeting duly convened. Such bonds shall not exceed in amount onehalf of the amount of the budget for said fiscal year adopted at the annual meeting of such school district held in May, nineMaturity. teen hundred thirty-four. Such bonds shall mature in annual installments, the last of which shall mature not more than ten years from the date of the bonds and no installment shall be more than fifty per centum in excess of the smallest prior installment. Such bonds shall be general obligations of the district and all other matters with respect to the form and details of the issue shall be determined by the board of education or such trustees. Said bonds shall bear interest at a rate not exceeding six per centum per annum and shall be sold at public sale for not less than par in the manner provided by the general municipal law. The original resolution authorizing such bonds shall state the purpose of the issue and the amount or maximum amount of bonds to be issued, and all other details of the issue may be General obligations. Interest. Sale. |