Chap. 486. AN ACT to amend chapter five hundred and forty-three of the laws of eighteen hundred and ninety-three, entitled "An act to promote the safety of railway employes, by compelling the equipment of freight cars with continuous power or air brakes, and locomotives with driving-wheel brakes." BECAME a law May 9, 1896, 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: Railroad cd. Section 1. Section two of chapter five hundred and forty-three mend. of the laws of eighteen hundred and ninety-three is hereby amended to read as follows: of cars with brakes. jimmies. § 2. That from and after the passage of this act, in addition to Equipment all freight cars now so equipped, there shall be equipped each year, with the continuous power or air brakes by every company operat ing a line or lines of railroad within the state, at least ten per centum of all freight cars owned or operated by such companies and used within the state, except certain cars known and designated as "coal jimmies," and that on and after the first day of Use of coal January, eighteen hundred and ninety-eight, the use of the said "coal jimmies" in any form shall be unlawful within the state, except upon any railroad wlrose main line is less than fifteen miles in length and whose average grade exceeds two hundred feet to the mile, under a penalty of one hundred dollars for each offense, said penalty to be recovered in an action to be brought by the attorney-general in the name of the people and in the judicial district where the principal office of the company within the state is located. This section shall not be construed to authorize the Interchange interchange of such "coal jimmies" with, and the use thereof upon, 3mm es, railroads of more than fifteen miles in length or whose average grade is less than two hundred feet to the mile. of coal proviso as to. § 2. All acts and parts of acts inconsistent with the provisions Repeal. of this act are hereby repealed. tion for Chap. 487. AN ACT making an appropriation for the payment of expenses of the special commission to prepare legislation for cities of the third class, pursuant to chapter ten hundred and eleven, laws of eighteen hundred and ninety-five. BECAME a law May 9, 1896, 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: Appropria- Section 1. The sum of three thousand dollars, or so much expenses. thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, payable by the treasurer on the warrant of the comptroller for the necessary expenses and disbursements of the special commission appointed by the governor to prepare legislation governing cities of the third class, pursuant to the provisions of chapter ten hundred and cleven, laws of eighteen hundred and ninety-five, the same to be audited by the comptroller. § 2. This act shall take effect immediately. Completion of repairs to dock. Chap. 489. AN ACT to provide for the completion of repairs to a dock destroyed by the state in the city of Buffalo. BECAME a law May 11, 1893, 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 superintendent of public works is hereby authorized and directed to complete the repairs to the dock situate in the Erie basin in the city of Buffalo, located between the north side of Erie slip number two and the south line of West Genesee street in said city, which dock was heretofore destroyed during dredging operations carried on by the state of New York, and said superintendent of public works is hereby further authorized and directed to remove such obstructions in the said Eric basin in front of West for work Genesee street in said city as will give a depth of water of not less than eighteen feet. Said repairs to be completed and said obstructions to be removed on or before the opening of navigation in the Erie canal in the year eighteen hundred and ninety-six, or as soon thereafter as practicable, it being intended hereby to complete the work begun but not finished under chapter two hundred and twenty-four of the laws of eighteen hundred and ninety-five. § 2. The performance of all work provided for by this act shall Contract be by contract entered into and duly executed by and between the superintendent of public works and the contractor or contractors performing the same, except such portions as in the judgment of the superintendent of public works or the state engineer and sur veyor can not be so done to the best interests of the state. Such contract shall be given to the lowest bidder or bidders giving ample security for the performance of the work in all respects according to such contract, after being advertised by the superintendent of public works for a period of not more than ten days. in such papers as he may deem for the best interests of the state. Plans and specifications shall be prepared by the state engineer plans, and surveyor for all work required to be done under this act. The superintendent of public works or the canal board shall re- Right to serve the right to declare any contract forfeited whenever in their coact judgment work thereunder is not being performed to the best interests of the state. declare forfeited. tion. §3. The sum of eight hundred and sixty-seven dollars is hereby Appropria appropriated to carry out the provisions of this act. authorized money. § 4. The comptroller is hereby authorized and directed to bor- Comptrolle row, from time to time, such sums as the superintendent of public too works may require for the purposes of this act, not exceeding eight hundred and sixty-seven dollars in the aggregate, and the moneys so borrowed said comptroller shall refund from moneys received from taxes levied to meet this appropriation. § 5. This act shall take effect immediately. Chap. 492. AN ACT to amend section seventy-five of article five of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-four, entitled "An act relating to canals, constitut ing chapter thirteen of the general laws," relating to removal of encroachments. BECAME a law May 11, 1896, 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 seventy-five of article five of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-four, entitled "An act relating to canals, constituting chapter thirteen of the general laws," is hereby amended so as to read as follows: § 75. Removal of encroachments.-The superintendent of public works is authorized, in his discretion to cause to be re moved from the lands taken by the state for canal purposes all en croachments thereon whether buildings, fences, structures or other obstructions; that such lands may be kept in the possession of the state for the purposes of canal navigation. § 2. This act shall take effect immediately. Act amended. Chap. 493. AN ACT to amend chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-two, relating to New York State Museum, also continuing the office of state geologist and palaeontologist. BECAME a law May 11, 1896, 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 twenty-two of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-two, entitled "An act to revise and consolidate the laws relating to the university of the state of New York," is hereby further amended to read as follows: museum. § 22. State museum; how constituted. -All scientific speci. State mens and collections, works of art, objects of historic interest and similar property appropriate to a general museum, if owned by the state and not placed in other custody by a specific law, shall constitute the state museum, and one of its officers shall annu ally inspect all such property not kept in the state museum rooms, and the annual report of the museum to the legislature shall include summaries of such property, with its location, and any needed recommendations as to its safety or usefulness. Un less otherwise provided by law, the state museum shall include the work of the state geologist and palaeontologist, the state botanist and the state entomologist, who, with their assistants, shall be included in the scientific staff of the state museum. ontologist. § 2. The state geologist and palaeontologist now in office is State geologist continued therein at his present salary of three thousand six and palaehundred dollars a year during good behavior, with power to appoint and remove his assistants, and to expend, subject only to the approval and audit of the state comptroller, all money appropriated for his use by the legislature. His annual report shall be printed as heretofore as a part of the state museum report; but during the incumbency of the present state geologist Omee and palaeontologist the office shall be independent of the trust of trus tees of the state museum, who are relieved of all responsibility museum. for his department, notwithstanding the provisions of secton one of this act and sections ten and twenty-two of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-two as amended. §3. This act shall take effect immediately. Independ tees of state |