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L. 1915, ch. 640, § 1.

Claims for canal lands.

L. 1916, ch. 420. tained, because it attempts to fix a liability against the state without legislative permission and that the Supreme Court is without jurisdiction, is untenable. The action is not against the state, but against certain state officers, and the judgment merely directs these officials to perform their statutory duty. Town of Easton v. Canal Board (1916), 216 N. Y. 486.

Destruction of telephone line by appropriation of lands for barge canal.-When telephone company entitled to compensation because of destruction of telephone business and depreciated value of structures, see New York Telephone Co. v. State (1915), 169 App. Div. 310, 154 N. Y. Supp. 1059.

L. 1915, ch. 640, § 1 (B. C. & G.'s Consol. Laws, Supp. 1915, p. 63).

§ 1. Claims for appropriations of land.-The court of claims shall have jurisdiction of and may hear and determine any claim against the state, heretofore accrued, which shall be filed within one year after this act takes effect, for compensation or damages for or on account of the appropriation or use by the state of any lands, structures, waters, franchises, rights, easements or other property in connection with the improvement of the Erie, Champlain and Oswego canals, as provided by chapter one hundred and forty-seven of the laws of nineteen hundred and three, and acts amendatory thereof and supplemental thereto, the Cayuga and Seneca canals, as provided by chapter three hundred and ninety-one of the laws of nineteen hundred and nine, and acts amendatory thereof and supplemental thereto, and for the purpose of furnishing proper terminals and facilities for barge canal traffic, as provided for by chapter seven hundred and forty-six of the laws of nineteen hundred and eleven, and acts amendatory thereof and supplemental thereto, notwithstanding the lapse of time since the accrual of the claim; but nothing herein contained shall be deemed to shorten the time within which any such claim may be hereafter filed pursuant to any statute giving such court jurisdiction of a claim accruing within two years before the filing thereof. The filing of such claim shall also be in lieu and stead of any notice of intention to so file. This section, as amended, shall not create any new right or ground of claim against the state but is intended as an extension of time in which to file such notice of intention and such claim. (Amended by L. 1916, ch. 420, in effect May 4, 1916.)

CANAL LAWA

(L. 1909, ch. 13.)

§ 15. Canal board; general powers.-Subd. 11, added by L. 1916, ch. 300, in effect Apr. 25, 1916, as follows:

11. Whenever as a result of the appropriation of land for canal or terminal purposes, other lands are isolated or cut off from access to a public street, highway or navigable waterway, the canal board may sell and convey to the owner of such unappropriated land, his heirs, successors in interest or assigns such an interest, easement or estate in or right of way over any lands acquired by the state for canal or terminal purposes, as will restore and afford access from such unappropriated lands to such public

L. 1916, ch. 300.

Canal board.

§§ 88, 120.

street, highway or navigable waterway, provided that it shall first determine that such interest, easement or estate in or right of way over any lands is no longer necessary for canal purposes. And it may authorize and direct the superintendent of public works, in the name of the people of the state, on such terms and conditions as it deems just, or in diminution of damages, to execute, tender and deliver to the owner of such unappropriated lands, his heirs, successors in interest or assigns, a quit-claim deed conveying such interest, easement or estate in or right of way over canal or terminal lands.

§ 88. Awards how distributed in case of liens or encumbrances.

See generally, New York Telephone Co. v. State (1915), 169 App. Div. 310, 154 N. Y. Supp. 1059.

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See generally, New York Telephone Co. v. State (1915), 169 App. Div. 310, 314, 154 N. Y. Supp. 1059.

CHILD WELFARE.

Appointment of boards in cities; General Municipal L., §§ 150, 152.

CHILDREN.

Employment in connection with making motion picture films; Penal L., § 485.

L. 1915, ch. 579, § 2.

Workhouses; parole.

L. 1916, ch. 287.

CITIES.

Optional Government.

L. 1914, ch. 444, § 15 (B. C. & G.'s Consol. Laws, Supp. 1914, p. 345). § 15. Preparation and presentation of petition.-After June thirtieth, nineteen hundred and seventeen, a petition may be presented at any time. to the common council of the city, in the form, and signed and certified as provided in the next section. The petition shall be presented by filing the same with the city clerk. It shall be signed by qualified electors of the city to a number at least equal to ten per centum of the number of votes cast therein at the general election preceding the presentation of the petition in a city where less than twenty thousand votes were so cast, and in any other city by qualified electors of the city to the number of not less than two thousand. (Amended by L. 1916, ch. 156, in effect Apr. 7, 1916.)

L. 1916, ch. 156, § 2. The provisions of this act shall not in any wise affect the presentation of a petition prior to the time this act takes effect.

Development of Workhouses.

L. 1915, ch. 579 (B. C. & G.'s Consol. Laws, Supp. 1915, p. 72).

§ 2. Appointment of parole commission.-In the event of such action by the board of estimate and apportionment or other corresponding board or body as aforesaid, then within sixty days thereafter the mayor of such city shall appoint three members of the said commission who, together with the commissioner of correction, ex officio, and the police commissioner, ex officio, of said city shall constitute the parole commission in and for said city. Of the three appointive members first named hereunder, one shall hold office for two years, one for four years and one for six years, as shall be designated by the mayor. Upon the expiration of each of said terms the mayor shall appoint a successor for the full term of ten years. Vacancies occurring by expiration of a term shall be filled by the mayor for the full term; vacancies occurring from any other cause shall be filled by the mayor for the unexpired term only. Any of the appointive members of said commission shall be subject to removal by the mayor on account of official misconduct or neglect of official duty, or mental or physical inability to perform his official duties, but before such removal the member shall be entitled to due and timely notice in writing of the charges against him and to a copy thereof, and to a public hearing on like notice. before the mayor. The board of estimate and apportionment or other corresponding board, boards or body having jurisdiction thereof, shall determine whether or not the appointive members of the commission shall receive any compensation for their services and the amount thereof. But neither the commissioner of correction nor the police commissioner, as ex

L. 1916, ch. 287.

Workhouses; parole.

§§ 3, 4.

officio members of such commission shall receive any compensation as such. Each of the appointive members of the commission shall before entering upon the duties of his office take the oath of office prescribed by the constitution of the state. The mayor of any of said cities shall designate one of such members to be the chairman of the parole commission of such city, and may, at the expiration of the term of the member appointed to hold office for two years, designate the member appointed for four years, or the member appointed for six years, or the member then appointed for a full ten year term, to be chairman of the parole commission of such city. (Amended by L. 1916, ch. 287, in effect Apr. 24, 1916.)

§ 3. Presiding officer; quorum; committing magistrates' meetings.-A majority of the members of the commission shall constitute a quorum for the transaction of business. It shall be the duty of said commission to meet at least once in each week, except during the months of July and August. If by reason of pressure of official business or otherwise, the commissioner of correction or the police commissioner shall deem his absence from a meeting of the parole commission necessary, he may designate a deputy commissioner to represent him, and such deputy commissioner shall possess all the powers and perform all the duties of said commissioners, respectively, as members of the parole commission. The parole commission in and for the city of New York shall maintain a central office in the borough of Manhattan and a central office in the borough of Brooklyn. Any committing magistrate or judge of any court who shall make commitments under indeterminate sentences to a workhouse or a reformatory under the jurisdiction of a department of correction, as provided in this act, shall be entitled to sit with the parole commission of said city during the consideration of the eligibility for parole of any person by him committed to any institution under an indeterminate sentence, with authority to vote on such matter. The parole commission shall give or cause to be given due notice to each of such committing magistrates or judges, stating the time and place of the meeting of the commission and the names, offenses, dates of commitment and the recommendations of the parole officers and officers of the department of correction of all inmates committed by him to a workhouse or reformatory under indeterminate sentences whose eligibility for parole is to be considered at the next meeting of the commission. The parole commission shall so far as practicable, regard the convenience of said magistrates and judges in arranging its meetings for the consideration of the eligibility of persons for parole and in placing such cases upon its calendar for consideration. (Amended by L. 1916, ch. 287, in effect Apr. 24, 1916.)

§ 4. Commitments; indeterminate sentences.-After the creation of a parole commission in any of the said cities as hereinbefore provided, any person convicted of any crime or offense upon conviction for which the court may sentence to a penitentiary, workhouse, city prison, county jail

§ 4.

Workhouses; parole.

L. 1916, ch. 287.

or other institution under the jurisdiction of the department of correction of said city, who shall not be committed in default of payment of a fine imposed, or for failure to furnish surety or sureties upon a conviction of disorderly conduct tending to a breach of the peace or of abandonment, and who is not insane or mentally or physically incapable of being substantially benefited by the correctional and reformatory purposes of any such institution shall, if sentenced to any institution under the jurisdiction of the department of correction in said city, be sentenced and committed to a penitentiary or a workhouse or a reformatory under the jurisdiction of the said department of correction. No person shall be committed to a penitentiary under the jurisdiction of a department of correction in any such city because of failure to pay any fine or fines imposed, or for failure to furnish surety or sureties, or to a penitentiary, reformatory or workhouse under the jurisdiction of a department of correction in any such city for a term of imprisonment with a fine imposed in addition to the term of imprisonment. The term of imprisonment of any person sentenced to any such penitentiary shall not be fixed or limited by the court in imposing sentence. The term of such imprisonment shall be terminated in the manner prescribed in section five of this act and not otherwise, and shall not exceed three years. The term of imprisonment of any person sentenced to any such workhouse shall be fixed by the court in imposing sentence which term shall be for a definite period and shall not exceed six months; provided, however, that no person convicted in any of said cities of vagrancy, disorderly conduct tending to a breach of the peace, public prostitution, soliciting on streets or public places for the purpose of prostitution, or the violation of section one hundred and fifty of chapter ninetynine of the laws of nineteen hundred and nine, as amended, shall be sentenced to any such workhouse for a definité term until the fingerprint records of the city magistrates' courts of said city are officially searched with reference to the particular defendant and the results thereof duly certified to the court; and provided, further, that if it shall appear to the court at any stage of the proceeding prior to the imposition of sentence and after due notice and opportunity to the defendant to be heard in opposition to such accusation of prior convictions that any person convicted of any or each of these offenses last enumerated has been convicted of any or each of these offenses two or more times during the twenty-four months just previous, or three or more times previous to that conviction, then the court shall sentence such offender to a workhouse of the said department of correction in said city for an indeterminate period. The term of imprisonment of any person convicted and sentenced to any such workhouse for an indeterminate period shall not exceed two years and shall be terminated by the parole commission in the manner prescribed in section five of this act and not otherwise. Commitment to reformatories for male misdemeanants under the jurisdiction of a department of correction in any of the cities as aforesaid shall be made in conformity with laws providing for

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