ceeds thereof after paying the expenses incurred shall be turned into the state treasury. § 2. That portion of section forty-seven of chapter twenty of the laws of nineteen hundred, as amended by chapter one hundred and forty-nine of the laws of nineteen hundred and three, in so far as it conflicts with the provisions of this section, and all acts or parts inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. Chap. 343. AN ACT to amend the forest, fish and game law, in relation to spearing fish in Ulster county. Became a law, April 26, 1905, 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 eighty-four of chapter twenty of the laws of nineteen hundred, entitled "An act for the protection of the forests, fish and game of the state, constituting chapter thirtyone of the general laws," as amended by chapter one hundred and twenty-one of the laws of nineteen hundred and one, and chapters seventy-two and five hundred and fifty-eight of the laws of nineteen hundred and three, is hereby amended to read as follows: § 84. Spearing and hooking.-Suckers, bullheads, eels and dogfish may be speared in the Delaware river in Sullivan and Delaware counties, and in Sandsburg creek, town of Wawarsing, in Ulster county, from the Center street bridge in Ellenville to Port Hixon dam on said stream, from April first to September thirtieth, both inclusive; and Shadow creek and Hayden creek in the town of Springfield, Otsego county, from March first, to May first, inclusive; and in the Hyder creek, Fish creek, Mink creek and Herkimer creek in the towns of Richfield and Exeter, in Otsego county from March first to May fifteenth, inclusive, provided that spearing shall not be allowed hereunder within twenty rods from the point where such creeks empty into Schuy ler lake; and in the creeks in Orleans county excepting Sandy Interest of state released. Description. creek, Oak Orchard creek and Johnson's creek, between the fif teenth day of March and the thirtieth day of April, inclusive; and in the waters of Lake Ontario in the towns of Ellisburg, Henderson, Hounsfield and Brownville in Jefferson county, and in the waters of the towns of Lexington and Prattsville in Greene county, at any time. Such fish may be taken from December first to May fifteenth, both inclusive, by hooking, in Oneida lake, Oneida river, Onondaga lake, in the Delaware and Charlotte rivers and their tributary streams in the counties of Delaware and Sullivan, in the Schoharie river and its tributary streams, in Schoharie and Greene counties, and in the waters of Cortland, Tioga, Broome, Chenango and Otsego counties. § 2. This act shall take effect immediately. Chap. 344. AN ACT to release to Walter Miller and Mary J. Miller, his wife, all the right, title and interest of the people of the state of New York in and to certain real estate. Became a law, April 26, 1905, with the approval of the Governor. Passed by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. All the right, title and interest, of the people of the state of New York, in and to all that certain piece or parcel of land situate in the city of Rochester, county of Monroe and state of New York, known and described as lots numbers three and four on a map and allotment of the Hart place tract, so-called, made by F. J. M. Cornell, surveyor, said lots fronting on North Saint Paul street, aforesaid, and being sixty-six feet front and rear and one hundred and thirty feet deep, is hereby granted, conveyed and released to Walter Miller and Mary J. Miller, his wife, of the city of Rochester, county of Monroe and State of New York, and to their heirs and assigns forever. § 2. Nothing in this act shall be construed to impair or affect the right of any heir-at-law, devisee, grantee or creditor by mortgage, judgment or otherwise, nor any action or proceeding now pending. § 3. This act shall take effect immediately. Chap. 345. AN ACT to authorize the commissioners of the sinking fund of the city of New York to change a certain lease made by mayor, aldermen and commonalty of the city of New York, to The Hahnemann hospital of the city of New York to a grant to the said The Hahnemann hospital of the city of New York, and to authorize the sale and lease or mortgage of the property covered thereby, by the said The Hahnemann hospital of the city of New York. Accepted by the city. Became a law, April 26, 1905, 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: lease to en z authorized. Section 1. The commissioners of the sinking fund of the city Change of of New York, are hereby authorized and empowered in their discretion for such consideration as they may deem proper, (having in view of the provision made by the said The Hahnemann hospital in the city of New York, for the care of the sick who would otherwise become a charge upon the said city) to change, modify or alter to a grant in fee-simple absolute, a certain lease dated January fourteenth, eighteen hundred and seventy-one, affecting premises on the easterly side of Fourth or Park avenue, between Sixty-seventh and Sixty-eighth streets, in the borough of Manhattan and city of New York, made by the mayor, aldermen and commonalty of the city of New York for a period of ninety-nine years from the first day of December, one thousand eight hundred and seventy, at an annual rental of one dollar, and recorded in the office of the register of the city and county of New York, on the fourteenth day of March, eighteen hundred and seventy-one, at one o'clock fifteen minutes in the afternoon, in liber eleven hundred and fifty-eight of conveyances at page five hundred and sixty-six, so as to permit and authorize The Hahnemann hospital of the city of New York, after such grant shall have been made, to sell, convey in fee-simple absolute, or mortgage the whole or any part of said premises, or to lease the said premises. Lease of or any part or portion thereof, for such term or terms as shall be deemed proper by said The Hahnemann hospital of the city of New York, and the said The Hahnemann hospital of the city of New premises authorized York, in case of any such sale, mortgage or lease shall be made by it, shall thereupon devote the proceeds of such sale or mortgage, or the income of such lease or leases as may be made by them, to the erection of new buildings upon the present site, or to the pur chase of a new site within the city of New York, and the erection of new buildings, and to the maintenance and support of said The Hahnemann hospital of the city of New York, or to any two of these purposes; but nothing herein contained shall be construed to compel the vendee, lessee or mortgagee to see to the proper application of the purchase price, loan or rent of the said The Hahnemann hospital of the city of New York. § 2. All acts and parts of acts inconsistent with this act are hereby repealed, in so far as they may affect the corporations herein mentioned. § 3. This act shall take effect immediately. Chap. 346. AN ACT to authorize the board of estimate and apportionment of the city of New York, in its discretion, to examine, audit and allow the alleged claims of persons who have furnished work, labor and services or materials or supplies under request, order or direction of the fire department of the city of New York. Accepted by the city. Became a law, April 26, 1905, 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. The board of estimate and apportionment of the city of New York is hereby authorized and empowered in its discretion to examine, audit and allow the claims, if any, of the persons, firms or corporations hereinafter named who have heretofore under the request, direction or order of the fire department of the city of New York furnished work, labor and services or materials or supplies for the said fire department of the city Claimants, of New York, to wit: James R. Keane and company, of the city of New York, claiming six thousand two hundred and forty and sixty one-hundredths dollars; Samuel Lewis of the city of New names of. So in original. York, claiming one thousand five hundred and thirty-seven and sixty one-hundredths dollars; Peerless rubber company of the city of New York, claiming two thousand three hundred and sixty-seven and forty one-hundredths dollars; James S. Barron and company of the city of New York, claiming three thousand four hundred and seventy and thirty-eight one-hundredths dollars; Reed and Hewlett of the city of New York, claiming three thousand four hundred and thirty-four and forty-three one-hundredths dollars; Kate Fuessel of the city of New York, claiming one thousand three hundred and forty-four and forty-one onehundredths dollars; John Fennell of the city of New York, claiming one hundred and eighty-two and fifty-five one-hundredths dollars; G. Montgomery and company, of the city of New York, claiming one hundred and fifty-four and sixty one-hundredths dollars; Smith Worthington and company of the city of New York, claiming eight hundred and fifty-one and fifty-one onehundredths dollars; American rubber tire company of the city of New York, claiming two hundred and ninety-eight and six one-hundredths dollars. considering claims. § 2. The said board of estimate and apportionment in dealing Manner of with the matters aforesaid may treat the same as matters of fact without regard to the question whether the said material and labor was legally furnished and delivered and performed to or legally ordered by the commissioner of the fire department of the city of New York, and if it shall appear to the satisfaction of the said board of estimate and apportionment of the city of New York that the said material was actually ordered from, directed or contracted for with the said persons, firms or corporations by the commissioner of the fire department of the city of New York, or the purchasing agent of the said department, in his official capacity and in the discharge of his official duties and that the fair and reasonable value of the materials furnished and delivered and the labor performed by the said persons, firms or corporations was of the aforementioned sums respectively, and upon such audit and allowance by the board of Issue of estimate and apportionment of the city of New York, the comp- bonds autroller of the said city of New York is hereby authorized and pay claims empowered to pay said persons, firms or corporations respectively, such sum or sums as may be so audited and allowed by such board of estimate and apportionment herein provided out revenue thorized to audited. |