securities now held by the bank department, so far as the same Ante, vol. 4, p. 153. CHAP. 242. AN ACT to amend an act entitled "An act to provide for the incorporation of fire insurance companies," passed June twenty-fifth, eighteen hundred and fifty-three. PASSED April 29, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The eighth section of the act entitled "An act to provide for the incorporation of fire insurance companies," passed June twenty-fifth, eighteen hundred and fifty-three, is hereby amended so as to read as follows: its capital and mort real estate state or States treasury of surplus 8. It shall be lawful for any fire insurance company May invest organized under this act, or incorporated under any law of in bonds this state, to invest its capital or the funds accumulated in the gages on course of its business, or any part thereof, in bonds and mortgages on unincumbered real estate within the State of New York, worth fifty per cent more than the sum loaned thereon, exclusive of buildings, unless such buildings are insured and the policy transferred to said company; and also in the stocks Also in of this state or stocks or treasury notes of the United States, United and to lend the same, or any part thereof, on the security of stocks of such stocks or bonds, or notes or upon bonds and mortgages notes. as aforesaid, and to change and reinvest the same as occasion may from time to time require; but any surplus money over Investment and above the capital stock of any such fire or inland navi- over capital gation insurance companies, or of any fire insurance companies incorporated under any law of this state, may be invested in or loaned upon the pledge of the public stock of any one of the loyal states of the United States; or the stocks, bonds, or other evidences of indebtedness, of any of the incorporated cities of this state, authorized to be issued by the legislature, or of any banking institution located in this state, incorporated under the laws of this state or of the United States; provided, always, that the current market value of Proviso. such stocks bonds or other evidences of indebtedness shall be at least ten per cent more than the sum so loaned thereon. 52. This act shall take effect immediately. Ante, vol. 4, pp. 226, 229. stock. CHAP. 244. AN ACT to amend section seventeen of article two of title three of chapter one of part four of the Revised Statutes, entitled" Of Burglary." PASSED April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : S1. Section seventeen of article two of title three of chapter one of part four of the Revised Statutes, is hereby amended so as to read as follows: 17. Every person who shall be convicted of breaking and entering, in the day or in the night time: 1. Any building within the curtilage of a dwelling-house, but not forming a part thereof; or, 2. Any shop, store, booth, tent, warehouse or other building, or any railroad car, ship, vessel or canal boat, in which any goods, merchandise or valuable thing shall be kept for use, sale, deposit or transportation, with intent to steal therein, or to commit any felony, shall, upon conviction, be adjudged guilty of burglary in the third degree. S2. This act shall take effect immediately. Ante, vol. 2, p. 689. Before a consul or CHAP. 246. AN ACT in relation to the acknowledgment of proof of the execution of instruments in writing by persons in foreign countries, and to the administering of oaths to them. PASSED April 29, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The acknowledgment or proof of any deed or other Commercial Written instrument, required to be proven or acknowledged in agent. order to entitle the same to be recorded or read in evidence in this state, by any person being in any foreign country, may be made before any vice-consul or commercial agent of the United States government, resident in any foreign port or country, and when certified by him, under his seal of office or under the seal of the consulate to which he is attached, to have been made before him by the party executing the same, and that the said party is known or proven to him to be the same person who is described in and who executed the same, shall be as valid and effectual as if taken before one of the justices of the supreme court of the state. officers con S2. All acts of the vice-consuls or commercial agents of the Acts of such United States government, in taking the acknowledgment or firmed. proof of deeds, mortgages, or other instruments relating to real estate, hitherto performed, are hereby confirmed, provided that the certificate thereof is in form required by the statutes of this state. administer S3. Every person who in foreign countries is authorized by May also law to take and certify the acknowledgment and proof of oaths. deeds, shall also have power to administer oaths and affirmations to be read in evidence, and used in any of the courts of this state, or otherwise. S4. This act shall take effect immediately. Ante, vol. 1, p. 707, vol. 4, p. 434; Laws of 1865; post p. 482. CHAP. 275. AN ACT to amend an act entitled "An act to authorize the construction and maintenance of a bridge over the Erie canal, in the town of Frankfort, Herkimer county, and to authorize a construction of a highway in place thereof." PASSED April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. The first section of "An act to authorize the construction and maintenance of a bridge over the Erie canal, in the town of Frankfort, Herkimer county," passed April fourteenth, eighteen hundred and fifty-eight, is hereby amended so as to read as follows: be laid out. 1 The canal commissioners are hereby authorized and Highway to directed to lay out and construct, or cause to be laid out and constructed, at the expense of the state, a highway in the town of Frankfort, Herkimer county, commencing at or near a point in the highway known as the "Old Frankfort Hollow Road," distant from the blue line of the old Erie canal north, twenty-seven degrees thirty minutes, east about seven chains, and running thence in said course about seven chains, thence in a course north sixty-eight degrees east to the south bank of the Erie canal, thence along said bank in an easterly course to the bridge over said canal, on the line between lots of Alexander Bridenbecker and Joseph Bridenbecker. And the sum of fifteen hundred dollars, or so much thereof as may be necessary, is hereby appropriated for the laying out and construction of the said highway, to be paid from any moneys in the treasury appropriated or to be appropriated for the extraordinary repairs and improvements on the canals. Inhabitants to relin to a bridge S2. In consideration of the laying out and construction of quish claim the said highway, the inhabitants of the said town of Frankover canal. fort hereby relinquish all claim against the state for a bridge over the Erie canal, which the canal commissioners were authorized and directed to construct and maintain by chapter one hundred and ninety-six of Session Laws of eighteen hundred and fifty-eight. Authority of agent of prison. Duty of inspectors of state prisons. CHAP. 291. AN ACT appropriating certain waters to the use of the Clinton State Prison, and to make compensation therefor. PASSED April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The agent of the Clinton state prison, in this state, is hereby authorized to appropriate to the use of the said prison all waters and streams of water on lot number sixty-five, in the town of Dannemora, in the tract of land known as the Gore, lying between the military township and the Canadian and Nova Scotia refugee tract, in the county of Clinton, and on the lot or tract of land situated in the said town of Dannemora, of about five hundred acres, granted by the people of the State of New York to Pierre Ayotte, known as the Hocksteasser lot, and on lot number five of Pion patent, so called, in said county, and to convey the said waters to the said prison from the said lots, respectively, by the ditches now used for that purpose, and to continue, maintain and keep the said ditches in good repair and condition to convey said waters to the said prison, and, for the purpose of conveying said waters to said prison, to dig and maintain all other necessary ditches, and at all proper and reasonable times to enter in and upon the lands through which the said ditches run, or may run, to repair and put the same in good condition. $ 2. It shall be the duty of the inspectors of the state prisons of this state, within six months after this act shall take effect, to make application to the supreme court of this state, at a special term thereof to be held in the fourth judcial district, for the appointment of commissioners to estimate the damages herein provided to be paid; and the said court shall, on such application, appoint three commissioners, non-residents of the county of Clinton and not interested in the lands through which the streams of water so appropriated, or either of them, may have previously run, or in the lands through which the said ditches, or either of them, run, or may run, and not of kin to any person interested in said lands or water. The said commissioners shall personally examine the said lands through which said streams of water, or either of them, may have previously run, and the lands through which the said ditches run, and may run, and hear the proof and allegations of the parties sustaining or claiming damages, and of the said inspectors, and make an estimate of the damages any owner or owners or occupants of said lands may have sustained by reason of such appropriation of water, or by reason of the said ditches, or either of them,. and of their maintenance, which estimate shall be reduced to writing, and be subscribed and sworn to by the said commissioners, and then transmitted to the comptroller of this state, who shall issue his warrant upon the treasurer of the state for the respective amounts, who shall thereupon pay the estimated damages to the person or persons entitled thereto out of any moneys in the hands of the treasurer of this state not otherwise appropriated. owners of $3. The inspectors of the state prisons of this state shall tee to cause notice to be given to the persons interested in the lands lands. through which the said streams may have previously run and in the lands through which the said ditches run, or may run, of the application to be made by them to the supreme court of this state for the appointment of the commissioners as aforesaid, by cansing a notice thereof, giving the time and place of such application, to be published once in each week for six weeks successively prior to the time of such application, in a public newspaper published in the said county of Clinton, and also in the state paper. sioners to return to $ 4. It shall be the duty of the said commissioners to ascer- Commis tain, at or prior to the time of making their estimate of dam- make ages as aforesaid, the names of the several owners of and comptroller. persons interested in the lands through which said streams of water so appropriated may have previously run, and in the lands through which the said ditches run, or may run, and to make a return thereof, in writing, to the comptroller of this state, with their estimate of damages, and in their said estimate of damages to state separately the share or portion of damages to which each of the several owners or persons interested in the said lands shall be entitled. sioners to damages to lands. § 5. The said commissioners shall, on the application of Commis any person claiming damages by reason of the said appropri- estimate ation of such waters, or by reason of the said ditches, or of any or either of them. or on the application of the inspectors of state prisons in this state, appoint a time when they will personally examine the said lands for the purpose of making an estimate of damages as herein provided, and also the time and place when they will hear the said proofs and allegations, which time shall not be less than thirty days nor more than sixty days from the time of making such appointment, and notice thereof shall be given by the said commissioners by the publication thereof, giving the time of their meeting to exam |