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CHAP. 163, LAWS OF 1904.

AN ACT to confer jurisdiction upon the court of claims to hear,

audit and determine the alleged claims of the several counties containing towns, villages or cities bonded to aid in the construction of any railroad passing through such towns, villages or cities, on account of the payment to the state of the state taxes collected from such railroads within such bonded towns, villages or cities.

SECTION 1. Any county of this state, containing one or more towns, villages or cities which have heretofore issued bonds to aid in the construction of any railroad passing through such towns, cities or villages, may present to the court of claims a claim for the amount of state taxes collected from or paid by any such railroad within the several towns, villages or cities of such county which were so bonded to aid in the construction of any such railroad, since the eighteenth day of May, eighteen hundred and sixtynine, and which said taxes were paid by the county treasurer vi such county to the state treasurer. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine such claims and to make awards and render judgments therefor against the state and in favor of such claimants, without interest thereon.

§ 2. The amount which shall be awarded to any county as provided in section one of this act, shall be paid to the county treasurer of such county; and such county treasurer shall invest and apply the same in the manner and for the purpose provided by section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled, “An act to authorize the formation of railroad com panies and to regulate the same, passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of such railroads," and the acts amendatory thereof; except that in case such county shall have heretofore paid to any such town, village or city, such state taxes or any portion thereof, or in case such county treasurer has heretofore set aside such state taxes or any portion thereof, for the benefit of such town, village or city, in the manner provided by said section foui of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine and the acts amendatory thereof, then and in that case, such moneys or the portion thereof so paid or set aside as ::foresaid, shall be used and applied by such county treasurer for the general purposes of the county.

3. No award shall be made or judgment rendered herein against the state, unless the facts proved shall make out a case against the state, which would create a liability, were the same established in a court of law or equity against an individual or corporation or municipality; and in case such liability shall be satisfactorily established, then the court of claims shall award to und render judgment for the claimants for such sums as shall be just and equitable, notwithstanding the lapse of time since the accruing of said damages, provided any claim hereunder shall be filed with the court of claims within six months after the passage of this act.

See chap. 336, Laws of 1899, ante; chap. 244, Laws of 1905, post.

CHAP. 244, LAWS OF 1905.

AN ACT to amend the county law, in relation to the power of the

board of supervisors of any county to sell, assign, transfer or set over a judgment obtained in the court of claims by such county against the state of New York.

SECTION 1. Section twelve of chapter six hundred and eighty. six of the laws of eighteen hundred and ninety-two, entitled “An act in relation to counties, constituting chapter eighteen of the general laws," as amended by chapter one hundred and thirty of the laws of nineteen hundred, and chapter two hundred and ninety-six of the laws of nineteen hundred, and chapter two hundred and fifty-five of the laws of nineteen hundred and one, and chapter four hundred and sixty-five of the laws of nineteen hun. dred and three, is hereby amended by adding at the end of such section, a new subdivision, to be known as subdivision nineteen, and to read as follows:

19. Whenever a judgment has been rendered in the court of claims in favor of any county against the state of New York, and the time to appeal therefrom has expired or the attorney-general has issued a certificate that there has been no appeal and that no appeal will be taken by the state from such judgment, the board of supervisors of such county may sell, assign, transfer or set over such judgment unto the comptroller, who may purchase the same as an investment for the various trust funds of the state or canal debt sinking fund, or unto any person, firm, association or corporation desiring to purchase such judgment, for a sum not less than the amount for which same was rendered with accrued interest but no judgment so acquired by the state shall be deemed merged or satisfied thereby. And such board of supervisors may designate and authorize its chairman and clerk, the treasurer of the county and the attorney of record procuring the entry of such judgment, or any or either of them to execute in the name of the county and deliver unto the party purchasing such judgment the necessary release, transfer or assignment required in law to complete such sale, setting over, transfer or assignment.

The Code of Criminal Procedure.




(As amended to and including the session of the Legislature of 1905.)

Court of special sessions, jurisdiction of.

§ 56. Subject to the power of removal provided for in this chapter, courts of special sessions, except in the city and county of New. York and the city of Albany, have in the first instance exclusive judisdiction to hear and determine charges of misdemeanors committed within their respective counties, as follows:

9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a railroad car or train.

23. Unlawfully frequenting or attending a steamboat landing, railroad depot, church, banking institution, broker's office, place of public amusement, auction room, store, auction sale at private residence, passenger car, hotel, restaurant, or at any other gathering of people.

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35. For all violations of the provisions of the domestic commerce laws.

36. When a complaint is made to or a warrant is issued by a committing magistrate for a violation of the provisions of section six hundred and seventy-five of the penal code of the state of New York.

Subdivision 36 added by chap. 92, Laws of 1903, taking effect September 1, 1903.

See section 42, Railroad Law, section 41, Liquor Tax Law, ante; section 420, Penal Code, section 29, Rapid Transit Act, post.

Of crime committed in the state on board of any railway train, etc.

§ 137. When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed.

Plea of guilty, how put in.

§ 335. A plea of guilty can only be put in by the defendant himself in open court, except upon an indictment against a corporation, in which case it may be put in by counsel.

Bail of certain railroad employes.

$ 554a. Whenever a person employed as an engineer, fireman, motorman, conductor, trainman or otherwise, on a train or car of a steam, elevated or street surface railroad, is arrested in any city on a criminal charge, arising from an accident in connection with the operation of such train or car, resulting in an injury or death to a person or injury to property, such engineer, fireman, motorman, conductor, trainman or other employe, shall be immediately taken before a magistrate, if one is accessible, and otherwise, before a captain or sergeant of police, or acting sergeant of police, in charge of a police station in such city, and be given an opportunity to be admitted to bail. Such bail shall be taken in the same manner, so far as practicable, as is provided by section five hundred and fifty-four of this code, for the taking of bail in case of misdemeanors by a captain or sergeant of police, or acting sergeant of police in a city or village, except that the amount of bail shall be fixed by such officer at not exceeding one thousand dollars, and except that the undertaking shall provide for the appearance of the defendant before the magistrate, coroner, or

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