been repealed; and all actions or proceedings civil or criminal commenced under or by virtue of the laws so repealed and pending December thirty-first, nineteen hundred and one may be prosecuted and defended to final effect in the same manner as they might under the laws then existing unless it shall be other. wise specially provided by law.

§ 18. This act shall take effect immediately.

Chap. 349.

AN ACT to amend the town law, relative to the election of town officers.

Became a law, April 15, 1901, 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 twelve of chapter five hundred and sixtynine of the laws of eighteen hundred and ninety, entitled "An act in relation to towns, constituting chapter twenty of the general laws," as amended by chapters thirty-seven and three hundred and forty-four of the laws of eighteen hundred and ninetythree, chapter four hundred and eighty-one of the laws of eighteen hundred and ninety-seven, and chapter three hundred and sixty-three of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows:

§ 12. Election of officers.-There shall be elected at the biennial town meeting in each town, by ballot, one supervisor, one town clerk, two justices of the peace, three assessors, one collector, one or two overseers of the poor, one or three commissioners of highways, not more than five constables, and two inspectors of election for each election district in the town; if there shall be any vacancies in the office of justice of the peace, of any town at the time of holding its biennial town meeting, persons shall then also be chosen to fill such vacancies, shall hold their offices for the residue of the unexpired term for which they are respectively elected. At town meetings in towns held at the same time as general elections, themes of all candidates for town offices shall be voted for in the same manner and on the same ballot as candidates for other offices voted for thereat. At

such town meetings no person shall be allowed to vote for candidates for town offices who is not registered and entitled to vote at such general election. If there shall be no election of a supervisor because of a tie in the votes cast for candidates for such office at any town meeting, a special town meeting shall be held in the manner provided by law, upon a petition therefor signed by at least twenty-five electors of such town, and filed in the office of the town clerk of such town, for the purpose of filling the vacancy caused by such failure to elect. Such special town meeting shall be held at the time specified in such petition, not less than twenty days after the filing thereof. Nominations of candidates to be voted for at such special town meeting shall be made in the same manner as nominations of candidates to be voted for at a biennial town meeting; but certificates of nominations of such candidates shall be filed in the office of the town clerk at least ten days before such special town meeting is held.

2. This act shall take effect immediately.

Disposition of insur

ance money.

Chap. 350.

AN ACT in relation to the disposition of insurance money which may be realized from the loss by fire in the New York state veterinary college at Cornell university, and making an appropriation thereof.

Became a law, April 15, 1901, 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. It is hereby directed that the full amount of the insurance money which may be realized from the loss by fire sustained by the New York state veterinary college at Cornell university, on or about the thirteenth day of November, nineteen hundred, and which shall be placed in the hands of the treasurer of the state of New York, shall be forthwith placed by said treasurer to the credit of Cornell university, for the said New York state veterinary college for immediate use in repairing and restoring substantially in accordance with the original plans, the buildings of said New York state veterinary college

which were damaged by said fire, such work to be performed under the supervision of the board of trustees of said Cornell university. The said insurance money shall be payable by the treasurer on the warrant of the comptroller, on the order of the treasurer of Cornell university. The sum of thirteen thousand Appropri three hundred eight dollars and sixty-four cents, or so much thereof as may be necessary, is hereby appropriated, payable out of said insurance moneys, for the purposes of this act. § 2. This act shall take effect immediately.

ation.

Chap. 351.

AN ACT to authorize the Ellisburg cemetery association to acquire title to, and maintain certain cemeteries in the village of Ellisburg.

Became a law, April 15, 1901, 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:

Control and

improve ment of

oid ceme

teries.

Section 1. The trustees of the Ellisburg cemetery association of the village of Ellisburg, county of Jefferson, is hereby authorized to take charge of and control the old cemeteries situated in such village, adjacent to the lands now owned and used for cemetery purposes by the said Ellisburg cemetery association; which old cemeteries consist of lands donated by Lyman Ellis the year seventeen hundred and ninety-eight, and known as the "Ellis Cemetery," of lands conveyed by Henry S. Field to William Wadell and others in the year eighteen hundred and fiftyone, and of a strip of land conveyed to M. Chamberlain in such year eighteen hundred and fifty-one, all of which lands were so conveyed for cemetery purposes and have been used as such from the time such conveyances were made. Such trustees may improve such old cemeteries and control the burial of the dead therein and do all other things with or on the same that they are now authorized to do with or on the lands owned by such cemetery association, and used by them for cemetery purposes. § 2. All rights heretofore acquired and now possessed by the t persons using the old cemeteries above referred to for burial

Rights reserved

Conveyances to cemetery.

purposes are reserved to them and their heirs, subject to the provisions of the foregoing section of this act, and, subject to such reservation, all the right, title and interest in such old cemeteries, which are now possessed by the town of Ellisburg may be conveyed and transferred to such Ellisburg cemetery association by the supervisor of such town, when authorized to do so by a resolution adopted by the town board at a regular or special meeting.

§ 3. This act shall take effect immediately.

Jurisdiction to hear claim.

Award or judgment.

Chap. 352.

AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of Joseph C. Farmer against the state of New York.

Became a law, April 15, 1901, 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 alleged claim of Joseph C. Farmer, of the city of Rochester, New York, against the state, for the alleged use by the state, its officers and agents, in the canals and public waters of the state, of an apparatus patented by him for cutting weeds and grass under water, and to make an award and render judgment therefor against the state and in favor of said claimant.

§ 2. No award shall be made or judgment rendered herein against the state unless the facts proved make out a case against the state which would create a liability were the same established in evidence in a court of law or equity against an individual or corporation, and in case such liability shall be satisfactorily established, then the said court of claims shall award to and render judgment for the claimant for such sum as shall be just and equitable, provided the claim hereunto is filed with the court of claims within a year after the passage of this act. § 3. This act shall take effect immediately.

Chap. 353.

AN ACT to amend chapter three hundred and twenty-two of the laws of eighteen hundred and ninety, entitled "An act to revise, amend and consolidate the several acts relating to the village of Plattsburgh, and to repeal certain acts and parts of acts", and to create a commission for the improvement of said village and define its powers and duties.

Became a law, April 16, 1901, with the approval of the Governor. Passed, a majority being present.

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

amended.

Section 1. Section one of title one of chapter three hundred Charter and twenty-two of the laws of eighteen hundred and ninety, entitled "An act to revise, amend and consolidate the several acts relating to the village of Plattsburgh, and to repeal certain acts and parts of acts," is hereby amended to read as follows:

boundaries.

§ 1. All that part of the town of Plattsburgh, in the county Village of Clinton, within the following limits or boundaries, shall constitute the village of Plattsburgh: Beginning in the shore of Lake Champlain, at low water mark in Cumberland bay, at the southeast corner of lot number ninety-seven, Plattsburgh old patent, running thence northerly in the east bounds of said lot to the south bounds of the highway leading from the state road to Cumberland Head; thence westerly in the south bounds of said highway and the same continued to the east bounds of the state road, thence southerly in the east bounds of the state road to the intersection of the east bounds of said road with the south bounds of Dead creek, thence westerly in a line parallel with Boynton avenue to the easterly boundary line of lot, number one; thence southerly on the east bounds of lot, number one to the north bounds of the Boynton farm or the north bounds of the Boynton farm extended easterly; thence westerly to the north bounds of the Boynton farm and the said north bounds extended westerly to the so-called Beekmantown road; thence south in the east bounds of said road to the south bounds of Boynton avenue; thence westerly in the south bounds of Boynton avenue to the northwest corner of lot number ten; thence southerly in the west bounds of lot number ten to the south bounds of the plank road;