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Amount appropriated

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masters.

CHAP. 31.
AN ACT making appropriations for the canal debt and the

maintenance of the canal for the fiscal year commencing
on the first day of October, one thousand eight hundred
and sixty-three.

PASSED March 14, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The following sums are hereby appropriated out of the and applica: revenues of the state canals, for the fiscal year commencing

on the first day of October, eighteen hundred and sixty-three: for the expense of the collection of tolls, superintendence and ordinary repairs of the public works, salaries of canal commissioners, state engineer and surveyor, auditor of the canal department, clerk bire and incidental expenses, and of

the canal appraisers, the sum of eight hundred thousand dolCollectors, lars, or so much thereof as may be necessary; but no more

of the above appropriation than seventy thousand dollars shall be paid and applied on and for the salaries of collectors of canal tolls and their clerks, and on and for the salaries of the weighmasters and their assistants, including the incidental expenses of such collectors and weighmasters. And no more of the above appropriation than sixteen thousand dollars shall

be applied on and for the salaries and compensation of the Engineers engineers authorized to be employed on the repairs of the

canals, by the third and fourth sections of the act, chapter one hundred and sixty-nine of the Laws of one thousand eight hundred and sixty-two, including the incidental expenses of such engineers, and no part of this sum shall be expendel and applied for the payment of clerk hire in the offices of said engineers.

To pay the interest and reimburse the principal of the canal debt, as it existed on the first day of June, eighteen hundred and forty-six, the sum of one million seven hundred thousand

dollars. Sinking

For payment toward the sinking fund for the extinguishment of the general fund debt the sum of three hundred and fifty thousand dollars.

For the payment of interest on loans made under the constitution for enlargement and completion of the canals, the sum of seven hundred and ten thousand dollars, or so much thereof as may be necessary.

To constitute a sinking fund for the extinguishment of the payment of principal of the loans made under section three of article Seans, ande, seven of the constitution, the sum of four hundred and six de constitu- thousand two hundred and forty-three dollars; but no invest

ment in such fund shall be made except from the surplus

Interest of canal debt.

fund.

Interest on loans.

Sinking fund for

ernment,

revenues of the canals, received during the year, after paying the interest on the debt contracted under section three of article seven of the constitution.

For the general fund to defray the necessary expenses of For expenthe government, the sum of two hundred thousand dollars.

$ 2. The following sums are hereby appropriated out of the Kempara, proceeds of the tax to be levied and collected under the pro-teritating visions of the act, chapter two hundred and seventy-one of sebe.or the Laws of eighteen hundred and fifty-nine, to pay the interest and redeem the principal of the loan of two million five hundred thousand dollars to provide for the payment of the floating debt of the state.

To pay the interest on said loan for the fiscal year com- Ib. mencing on the first day of October next, one hundred and fifty thousand dollars.

To provide for the sinking fund to pay the principal of said Elempana loan, one hundred and thirty-eight thousand eight hundred principal and eighty-eight dollars, being for one year's contribution to said fund, as provided for by the act aforesaid.

$3. No greater sum than at the rate of sixteen thousand Limitation dollars a year shall be paid and applied for and on account of the salaries and compensation of the engineers appointed and employed on the repairs of the canals, under the third and fourth sections of the act, chapter one hundred and sixty-nine of the Laws of eighteen hundred and sixty-two, during the fiscal year ending on the thirtieth day of September next. $ 4. This act shall take effect immediately.

Ante, vol. 3, p. 203.

of amount for salaries of engineers

CHAP. 40.
AN ACT to authorize the canal board to accept convey-

ances to the State of the Clark and Skinner canal or slip,
in the city of Buffalo, and to authorize the common
council of the city of Buffalo to convey the same.

Passed March 23, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. For the purpose of accomplishing the objects expressed Canal board in the resolution of the canal board of the eighteenth and conveyance. nineteenth of April, one thousand eight hundred and fortythree, so far as the same remain unexecuted in regard to the Clark and Skinner canal and slip, in the city of Buffalo, and of the views of the canal board in relation to the same subject, as expressed in the report of the said board to the assembly, dated September twenty-seventh, eighteen hundred and fortyseven, assembly document number two hundred and five, the

Convey. ance, what

canal board is hereby authorized to accept the Clark and Skinner canal or slip as contemplated by the said resolution and report, and the said canal board is hereby further authorized to accept from the city of Buffalo a conveyance and transfer of the said Clark and Skinner canal or slip, to the people of this state, and also any and all other necessary conveyances, releases and acquittances to the people of this state from individuals or corporations, to vest the absolute title and property of the said canal or slip in the people of the State of New York, with the banks, towing-paths, bridges and other structures now being thereon.

$ 2. The canal board shall not accept of any release, conto embrace veyance, transfer or acquittance under this act, which does

not expressly release all damages and claim of damages to the state, incurred or claimed in consequence of the state assuming the said improvement, or of the construction or improvement hereafter of the said canal or slip; and the mayor and common council of the city of Buffalo are hereby authorized to make and execute the proper conveyances and

releases under this act. Authority of $ 3. After the transfers and acceptance contemplated by

this act shall have been perfected, the canal board shall have the same power to allow and certify to such works of extraordinary repair and improvement in and upon the said canal or slip as the said board now has upon or in regard to any completed canal of this state, under the existing statutes of this state ; but no extraordinary repair or improvement shall be made in or upon the said canal or slip, whereby the state shall or may be subjected to any claim for damages for lands taken and used, or to any other claim of damages or payment of money whatever, except to pay for the repair and improvement allowed and certified under the provisions of this act.

S 4. This act shall take effect immediately.

canal board, as to improve monts.

CHAP. 45.
AN ACT supplementary to the act entitled “An act to

provide for the incorporation of religious societies,”
passed April fifth, eighteen hundred and thirteen.

Passed March 25, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows

S 1. The act entitled “An act to provide for the incorporation of religious societies,” passed April fifth, eighteen hundred and thirteen, is hereby amended by adding thereto the following provisions :

1. It shall be lawful for any Roman Catholic church or con- Catholic gregation now or hereafter existing in this state, to be incor. may be ina porated according to the provisions of this act; the Roman under geno Catholic archbishop or bishop of the diocese in which such church may be erected or intended so to be, the vicar-general of such diocese, and the pastor of such church for the time being, respectively, or a majority of them, may select and appoint two laymen, members of said church, and may, together with such laymen, sign à certificate in duplicate, showing the name or title by which they and their successors shall be known and distinguished as a body corporate by virtue of this act, which certificates shall be duly acknowledged or proved, in the same manner as conveyances of real estate; and one of such certificates shall be filed in the office of the secretary of state, and the other in the office of the clerk of the county in which such church may be erected or intended so to be; and thereupon such church or congregation shall be a body corporate, by the name or title expressed in such certificate, and the said persons so signing the same shall be the trustees thereof. The successor of any such archbishop, bishop, vicar-general, or pastor respectively, for the time being, shall by virtue of his office, be the trustee of such church, in place of his predecessor; and such laymen shall hold their office respectively for one year, and whenever the office of any such layman shall become vacant by death, removal, resignation or otherwise, his successor shall be appointed in the same manner as herein provided for his original selection.

2. The trustees of every such church or congregation, and Powers of their successors, shall have all the powers and authority granted to the trustees of any church, congregation or society, by the fourth section of the act entitled “ An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and shall also have power to fix or ascertain the salary to be paid to any pastor or assistant pastor of any such church, but the whole real and personal estate of any such church, exclusive of the church edifice, parsonage and school-houses, together with the land on which the same may be erected, and burying-places, shall not exceed the annual value or income of three thousand dollars; but nothing herein contained shall be held or taken to repeal, alter or impair the effect of chapter three hundred and sixty of the Laws of eighteen hundred and sixty.

3. The trustees of any church incorporated under this act are Duty of required to exhibit, upon oath, to the supreme court in the judicial district in which the church is situated, once in three years, an inventory of all the estate, real and personal, belonging to such church, and of the annual income thereof, which inventory shall be filed in the office of the clerk of the county in which such building is situated.

trustees.

trustees.

May be
re-incorpo-
rated in
case of non-

4. Whenever any church incorporated under this act shall

be dissolved, by means of any non-user or neglect to exercise her or neg- any of the powers necessary for its preservation, or otherwise,

the same may be reincorporated in the mode prescribed in this act, within six years from the date of such dissolution, and thereupon all the property, real and personal, belonging to such dissolved corporation at the time of its dissolution, sball vest in such new corporation.

5. All conveyances to any church incorporated under this act, of any real estate beretofore appropriated to the use of such church or the congregation thereof, or intended so to be, are hereby confirmed and declared valid and effectual.

S 2. The legislature may at any time modify, alter or repeal this act. S 3. This act sball take effect immediately.

Ante, vol. 3, p. 687.

CHAP. 46.
AN ACT to amend an act entitled “An act to authorize

the levying of a tax upon the taxable property of the
different counties and towns in this state, to repay mon-
eys borrowed for or expended in the payment of boun-
ties to volunteers, or for the expenses of their enlistment,
or for aid to their families, or to pay any liability incur-
red therefor,” passed February twenty-first, eighteen
hundred and sixty-three.

Passed March 25, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The sixteenth section of the act entitled “An act to authorize the levying of a tax upon the taxable property of the different counties and towns in this state, to repay moneys borrowed for or expended in the payment of bounties to volunteers, or for the expenses of their enlistment, or for aid to their families, or to pay any liability incurred therefor," passed February twenty-first, eighteen hundred and sixty-three, is

hereby amended so as to read as follows: “ The provisions of od tohties. this act shall apply to the cities of this state the same as to

the towns thereof, and the common councils of said cities re-
spectively shall have the powers and duties hereby conferred
upon the town auditors; the bonds to be issued under this
act by any city shall be in the same manner and form as other
bonds of said city heretofore issued, and in case none have
been heretofore issued by any city, then, in such manner and
form as provided by its act of incorporation, or as the com-
mon council thereof sball by resolution prescribe.”
$ 2. This act shall take effect immediately.

Ante, p. 48.

Act extend

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