Transfer to comptroller directed. No part by the chairman as having been duly adopted by it. CHAPTER 225 AN ACT to provide for the disposition of money and securities in the hands of the superintendent of insurance derived from old receiverships of defunct insurance companies, and making an appropriation for advertising. Became a law April 1, 1925, 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 insurance shall transfer to the state comptroller the funds in the hands of such superintendent consisting of money and securities heretofore derived from old receiverships of defunct insurance companies, which companies were liquidated prior to the enactment of section sixty-three of the insurance law. Such amounts plus income from deposits and securities shall be so transferred as soon as practicable after this act takes effect, and not later than July first, nineteen hundred Statement and twenty-five. The superintendent of insurance also shall despecifying liver to the comptroller therewith a statement specifying the com source. To con cial fund. panies and associations through whose liquidation such moneys. were received and the amount received by the superintendent of insurance in each proceeding. The moneys and securities so transstitute spe- ferred shall constitute a special fund for the purposes of this act, of which the comptroller shall be the trustee for the state and persons entitled thereto. He shall deposit to his credit as trustee the moneys of such special fund, and the interest to accrue thereon and the income to accrue from such securities, in a responsible bank, banking house or trust company in the city of Albany which shall pay the highest rate of interest for such deposit, and shall collect such interest and income as they accrue. Deposit in bank. Claims to fund to be § 2. At any time after July first, nineteen hundred and twenfiled with ty-five, and before July first, nineteen hundred and twenty-six, claims. any person, persons, firm, association or corporation entitled or court of diction of claims ments. of judg claiming to be entitled to any part of the said fund or any portion thereof, may file a claim therefor with the court of claims without previous notice of intention to file it, but a copy of such claim shall be delivered to the attorney general, who shall represent the state in such matter. The court of claims Jurisshall have sole jurisdiction to hear, audit, determine and court. render judgment on all claims so filed. The claims, in form, and Limitation judgments in favor of the claims thereon, in form, shall be against of amounts the state with simple interest, but no such judgment shall include and judgcosts against the state nor exceed with simple interest the part of such special fund received through the liquidation of the insurance company named in the claim, and only such part shall be available for the payment of such judgment and the judgment shall so state. Any such judgment shall be paid by the comp- Payment troller from that part of such special fund received through the ments. liquidation of the insurance company named in the judgment, upon presentation to him of the proofs required by law in the case of the payment of moneys appropriated for the payment of judgments of the court of claims. In case the part of such special sale of fund to be applied to the payment of such a judgment consists securities. partly of securities, the comptroller shall sell the same, if necessary, and apply the proceeds to the satisfaction of the judgment. After July first, nineteen hundred and twenty-six, the comptrol- Payment ler shall pay into the state treasury to the credit of the general fund into state all moneys and proceeds of all securities in such special fund treasury. not affected by claims theretofore filed with the court of claims. Thereafter, from time to time, he also shall pay into the state treasury to the credit of the general fund the unexpended balance of any part of such special fund as to which a claim was filed and either disallowed by the court of claims, or on appeal, or was modified, or the judgment thereon was paid leaving a balance. The comptroller may sell securities in such fund for all the purposes of this section. of balances tion of claims. § 3. Commencing in the week beginning July first, nineteen Publicahundred and twenty-five, the state comptroller shall publish, once notice to a week for thirteen weeks, in the state paper a notice addressed to file all persons, firms, associations and corporations entitled to any part of the fund transferred to the state comptroller under this act and derived from old receiverships of insurance companies, naming them, and stating that they may file claims therefor with the court of claims before July first, nineteen hundred and twenty-six, and that any part of such fund as to which a claim is not so filed shall be paid into the state treasury for the use of the state. for § 4. The sum of two hundred and fifty dollars ($250.00), or as Appropriamuch thereof as may be necessary, is hereby appropriated from any publication. moneys in the state treasury not otherwise appropriated, for the expense of publishing herein before provided in section three of this chapter, to be payable by the state treasurer on the warrant of the comptroller. § 5. This act shall take effect immediately. Preamble. CHAPTER 226 AN ACT authorizing the attorney-general to make a tender and payment to Isaac G. Johnson and Company on account of the value of property in the borough of the Bronx, New York, acquired by the state in condemnation proceedings, pursuant to the provisions of chapter four hundred and fourteen of the laws of nineteen hundred and thirteen, and reappropriating therefor a portion of the unexpended balance of "oneys heretofore appropriated by chapter one hundred and forty of the laws of nineteen hundred and twenty-four.1 Became a law April 1, 1925, 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 state having heretofore and on or about the twentieth day of March, nineteen hundred and twenty-three, pursuant to the provisions of chapter one hundred and forty-seven of the laws of eighteen hundred and seventy-six, as amended by chapter four hundred and fourteen of the laws of nineteen hundred and thirteen, instituted condemnation proceedings in the supreme court, New York county, against Isaac G. Johnson and Company to acquire title to certain lands on the northerly side of the Harlem river ship canal in the borough of the Bronx, New York, and title to such lands having heretofore, by virtue of a deed of conveyance given by Isaac G. Johnson and Company to the state of New York, dated the twenty-eighth day of March, nineteen hundred and twenty-three, vested in the state, the comptroller, on the certificate of the attorney-general, is authorized to draw a warrant on the treasury for the sum of one million five hundred thousand dollars, payable to Isaac G. Johnson and Company, and the attorneygeneral is hereby authorized, in advance of the making of a final order in the aforementioned condemnation proceedings, to tender to Isaac G. Johnson and Company such warrant as payment on account of the value of such property, as such value shall be finally determined in said condemnation proceedings. Isaac G. Johnson acceptance. and Company may accept such warrant so tendered without any prejudice to its right to recover such additional compensation as may be finally awarded or allowed to it in such condemnation proDeposit in ceedings. In the event that it refuses to accept the said warrant, Comptroller au thorized to draw warrant and attor ney-general to tender payment. Effect of case of refusal. Effect of tender and deposit. it shall be deposited by the attorney-general with the comptroller to the order of Isaac G. Johnson and Company. Such tender and deposit shall be deemed a payment of the amount of said warrant to Isaac G. Johnson and Company on account of the sum finally awarded or allowed to it in such condemnation proceedings. The commissioners in determining the compensation which ought justly to be allowed to Isaac G. Johnson and Company in such condemnation proceedings shall credit the state with the payment of said amount; and Isaac G. Johnson and Company shall not be entitled to recover interest on the amount so tendered after the date of such tender. 1 See L. 1925, ch. 294, post. § 2. The sum of one million five hundred thousand dollars, being Reapproa part of the unexpended balance of the moneys appropriated by priation, chapter one hundred and forty of the laws of nineteen hundred and twenty-four, is hereby reappropriated and made available for the purpose set forth in section one hereof. § 3. This act shall take effect immediately. CHAPTER 227 AN ACT to amend the children's court act of the State of New York, the state charities law and the education law, in relation to physically handicapped persons.1 Became a law April 1, 1925, 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: added to ch. 547. Section 1. Section two of chapter five hundred and forty-seven Subd. 7a of the laws of nineteen hundred and twenty-two, entitled "An L. 1922, act establishing children's courts, defining their jurisdiction, ch2.5 power and duties and regulating procedure therein," as last amended by chapter four hundred and thirty-six of the laws of nineteen hundred and twenty-four, is hereby amended by adding a new subdivision, to be subdivision seven-a, to read as follows: 7-a. A "physically handicapped child" is one who, by reason Physically of a physical defect or infirmity, whether congenital or acquired handi by accident, injury or disease, is or may be expected to be totally child or partially incapacitated for education or for remunerative occupation, but shall not include the deaf and the blind. capped defined. subd. 1 § 2. Subdivision one of section five of such chapter five hun- 5, dred and forty-seven of the laws of nineteen hundred and twenty- amended. two is hereby amended to read as follows: 1. Children. The children's court in each county shall have within such county exclusive original jurisdiction of all cases or proceedings involving the hearing, trial, parole, remand or commitment of children actually or apparently under the age of sixteen years for any violation of law, and in all cases involving juvenile delinquency; children who are material witnesses, as provided by law; children who are mental defectives, as provided by law; children who are physically handicapped; improper guardianship, or neglected children, as provided herein. Subject to the limitations herein provided, the court also shall have jurisdiction in proceedings to determine the question of the rightful custody of children whose custody is subject to controversy, as related to their immediate care. 66 The court" shall have like jurisdiction and authority as is now conferred on "county courts" as concerns "adoption" or and "guardianship.' 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. § 23 amended. L. 1909, § 132, opening paragraph amended. § 3. Section twenty-three of such chapter five hundred and forty-seven of the laws of nineteen hundred and twenty-two is hereby amended to read as follows: § 23. Mental and physical examinations; treatment. The court in its discretion, either before or after a hearing, may cause any child within its jurisdiction to be examined by a physician or psychologist appointed or designated for the purpose by the court. In the case of a physically handicapped child the court may accept the certificate of the state department of health as to the need for treatment and care. It* it shall appear to the court that any child within its jurisdiction is mentally defective, he may cause such child to be examined as provided in the mental deficiency law and if found to be a mental defective as therein defined, he may commit such child in accordance with the provisions of said law. Whenever a child within the jurisdiction of the court and under the provisions of this act appears to the court to be in need of medical or surgical care a suitable order may be made for the treatment of such child in its home, a hospital or other suitable institution, and the expenses thereof, when approved by the court and duly audited, shall be a charge upon the state, the county or the proper subdivision thereof; but the court may adjudge that the person or persons charged with the liability under the laws to support such child shall pay a part or all of the expenses of such treatment as provided in section forty of this act. § 4. Section one hundred and thirty of chapter fifty-seven of the laws of nineteen hundred and nine, entitled "An act relating to state charities, constituting chapter fifty-five of the consolidated laws," as last amended by chapter three hundred and sixty-seven of the laws of nineteen hundred and twenty-three,' is hereby amended to read as follows: § 130. Establishment of the New York State Orthopedic Hospital for Children. The state hospital, known as the New York State Orthopedic Hospital for Children, established at West Haverstraw, is hereby continued for the care and treatment of any children who may have resided in the state of New York for a period of not less than one year, who are crippled or deformed or are suffering from disease from which they are likely to become crippled or deformed. No patient suffering from an incurable disease shall be admitted to said hospital. Said hospital shall provide for and permit the freedom of religious worship of said inmates to the extent and in the manner required in other institutions, by section twenty of the prison law. § 5. The opening paragraph of section one hundred and thirtytwo of such chapter fifty-seven of the laws of nineteen hundred and nine, as last amended by chapter four hundred and forty-nine of the laws of nineteen hundred and ten, is hereby amended to read as follows: § 132. Powers and duties of board of managers. The board of managers shall have the general direction and control of the * So in original. [Evidently should be "if."] Previously amended by L. 1909, chs. 149, 240. |