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term thereof, for the appointment of three commissioners of appraisal, and acquire title to such land in the same manner as railroad companies are anthorized to acquire title to land in and by the provisions of chapter one bundred and forty of the Laws of eighteen hundred and fifty, and all the provisions of said acts, so far as the same relate to the acquiring of property, are hereby extended and made applicable to the acquiring title to any property which may be needed for carrying out the provisions of this act, and, on the payment into the state treasury by the municipal authorities of the city of Albany of the amount awarded the owners of said property, it shall be deemed equivalent to depositing the deed named in the first section hereof. But nothing in this section contaived sball be held or construed to oblige this state to pay any part of the money awarded for the said lands. And if the said mayor and commonalty of the city of Albany sball not comply with the provisions of the said award by paying the money named therein, according to the terms thereof, the state way abaudon the proceedings for acquiring the title to said lands.

$ 2. The commissioners shall, before entering upon the dis- Oath and charge of their duties, respectively take and subscribe the missioners. oath of office prescribed by the constitution, and deposit the same in the office of the secretary of state. They shall not receive any compensation for their services; but their disbursements and expenses, to be audited by the comptroller, shall be allowed and paid.

$ 3. The said board of commissioners shall immediately Plans for proceed in such manner as they may deem best, to procure, at the expense of the city of Albany, or the citizens thereof, the requisite plans for a new capitol, and the necessary accommodations and arrangements connected therewith ; and, upon the approval of such plan or plans by the commissioners of the land-office, sball, as soon as and not before an appropriation shall be made by law, proceed with the work in accordance with the plans and specifiations approved, as herein provided. $ 4. The new capitol shall be located in the city of Albany, Location of)

capitol, upon the site of the present capitol, and such grounds adjacent thereto as shall bave been secured for that purpose and conveyed to the state as provided in the first section of this act, and built of such material and in such manner, in all respects, as will, in the judgment of said commissioners and state officers, best promote the public interest and secure the completion of a substanial and commodious edifice for the use and purposes herein mentioned. But the present capitol sball not be removed until suitable rooms are completed in the new building for the accommodation of at least one branch of the legislature.

$ 5. The new capitol commissioners shall keep just and Accounts to true accounts of all their receipts and disbursements, wbich

capitol.

be kept.

Appropria tion.

shall be made up and rendered to the comptroller monthly, to be audited and allowed by him, and such audits shall discharge the said commissioners to the extent thereof.

S 6. The sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the commencement and prosecution of the work herein contemplated, and the necessary expenses attending the same, which sum the treasurer is hereby directed to pay upon the warrant of the comptroller, to the order of the commissioners from time to time, and in such sums as shall be necessary. $ 7. This act shall take effect immediately.

Laws of 1866, ch. 483.

frustees named.

CHAP 656.
AN ACT to provide for the laying out of a plot of ground

in the Central Park in the city of New York, and for the
erection thereon of a monument to the memory of
Abraham Lincoln, late President of the United States.

PASSED May 1, 1865. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. William B. Astor, William Cullen Bryant, Samuel Wetmore, Moses Taylor, Stephen O. Williams, Charles P. Daly, William A. Darling, Horace Greeley, Henry J. Raymond, John H. Brower, and William F. Havemeyer are hereby appointed and created trustees to act in conjunction with the commissioners of the Central park of the city of New York, and their successors, for the objects and purposes hereinafter mentioned.

$ 2. It shall be lawful for the trustees above mentioned, co-operating with the commissioners of the said Central park or their successors, as speedily as may be after the passage of this act, to select, procure and lay out in the said Central park, a suitable plot of ground, and to erect thereon a monument to perpetuate the memory of Abraham Lincoln, late president of the United States, the cost of the improvement of the plot so to be selected and of the erection of said monument to be defrayed entirely by voluntary contributions, to be recieved as hereinafter mentioned.

$ 3. The trustees and commissioners above named are hereby vested with full power as to the selection and laying out of said plot and as to the cost, construction and design of the monument to be erected thereon. And, further, the said trustees and commissioners are hereby vested with full power, under such regulations as they may prescribe, to

Their duty.

Their power.

collect and receive all contributions that may be made for and toward the improvement of said plot or the erection of said monument; provided, however, that nothing herein contained shall be construed as binding the people of this state to the payment of any portion of the expense occasioned by the carrying out of the provisions of this act.

S 4. This act shall take effect immediately.

pilots.

CHAP. 661.
AN ACT to prevent encroachments in the harbor of New

York, and to provide for the completion of the extension
of the Battery

Passed May 1, 1865; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. The mayor, aldermen and commonalty of the city of Power of New York are hereby required fully to complete the unfinished sioners of work heretofore commenced by them of extending that part of the city of New York usually called the Battery, into the bay and North and East river, and, in case of their failure to commence the work necessary for such completion within tbirty days after the passage of this act, and to prosecute the same with dispatch, the board of commissioners of pilots sball have power to remove so much of the said work and the materials used therein as may, in their judgment, be necessary to prevent the same from being or becoming an encroachment on the harbor of New York, or an obstruction of the navigation thereof, and the said mayor, aldermen and commonalty of the city of New York are also authorized to erect and construct, or authorize to be erected and constructed, a ferry slip and basin on the south-west side of the same, said slip and basin not to exceed two bundred feet in width on the interior, and four hundred feet on the exterior line from the eastermost side of said battery extension, and adjoining the ferry slip now occupied for a ferry to Staten Island; said ferry slip, and the right and franchise of establishing and maintaining and authorizing to be maintained a ferry from said slip, to be held and possessed by said mayor, aldermen and commonalty of the city of New York, in the same manner and with the same right and powers with respect to the same, that they now hold, possess and enjoy in respect of other ferry slips, and ferry franchises in the city of New York.

S 2. If, in the judgment of the said board of commission- Extension of ers of pilots, it shall be necessary for the preservation of the barbor of New York, and for the uninterrupted navigation thereof, to complete the unfinished work of the said battery

the battery.

Report of proceedings.

extension, or to extend the said battery, they shall have power, at any time after failure on the part of the mayor, aldermen and commonalty of the city of New York to comply with the requirements of the first section of this act, to extend the said battery into the bay and North and East rivers such distance as they may deem proper, not exceeding the limits prescribed in and by chapter one hundred and seventy-two of the Laws of eighteen hundred and twenty-one; and it shall be the duty of the said board of commissioners, and they sball bave power, to employ a surveyor and to cause such survey and maps and such plans and estimates as they shall deem necessary to be made; and the said board of commissioners, their agents and servants, may from time to time enter upon the waters of the harbor, and the lands under water, and upon the lands now included in the said battery, for the purpose of executing the work contemplated under this act.

S 3. The said board of commissioners of pilots shall, as often as once in three months, during the progress of the work contemplated by this act, make and file with the comptroller of the city of New York a statement, verified by the president of the said board, of the cost of such work up to the time of making each of said statements; and all expenses incurred by the said board of commissioners of pilots under this act, shall be reported by them to the said comptroller, and by him to the board of supervisors of the county of New York; and the amount thereof shall be assessed by the said board of supervisors upon the estates by law subject to taxation within said county, and shall be included in the amount to be levied and raised by tax according to law within said county, and shall be paid by the comptroller upon the certificate of the president of the said board of commissioners of pilots as the work progresses.

S 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

$ 5. This act shall take effect immediately.

CHAP. 666.
AN ACT to amend an act entitled "An act in relation to

weights and measures,” passed April eleventh, eighteen
hundred and fifty-one.

Passed May 1, 1865; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

§ 1. Section twenty-one of chapter one hundred and thirty

four of the Laws of eighteen hundred and fifty-one, is hereby Town sealer. amended by adding thereto the following: “and also may

perform and execute the duties of town sealer in such towns

and for such times as said towns may not bare therein a
qualified town sealer, or may not have the requisite standard
of weights and measures therein, and shall receive for such
services the same fees as are allowed to town sealers for simi-
lar services."

Ante, vol. 3. p. 868.
S 2. This act shall take effect immediately.

66

CHAP. 668. AN ACT to amend chapter three hundred and sixty-eight of the Laws of eighteen hundred and sixty-five, entitled

An act for the incorporation of societies as clubs for certain social and recreative purposes.'

Passed May 1, 1865. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The first section of the act entitled "An act for the Act extendincorporation of societies or clubs for certain social and recre- perance. ative purposes,” is hereby amended by adding after the word "social" the word "temperance benefit" so as to read “social temperance benefit, gymnastic, athletic, musical, yatching, hunting, fishing, batting, or lawful sporting purposes." $ 2. This act shall take effect immediately.

Ante, p. 480.

CHAP 678. AN ACT for the preservation of Fish and Wild Ducks in and upon the waters of Cayuga lake.

PASSED May 1, 1865. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. From and after the passage of this act it shall be law- Time of ful for any person to take fish, in and upon the waters of prescribed. Caygua lake and the tributaries or outlets thereto, between the first day of November aud the first day of May, in any manner, except as hereinafter prohibited.

$ 2. No person shall at any time take any fish with, or use Manner of or set any gill net, with intent to take fish in the waters of Cayuga lake or in any of its tributaries or outlets, within five miles from such lake. No person shall at any time kill any duck or other wild fowl in or upon the waters of Cayuga lake or the shores thereof, or in any tributary or outlet of such lake, within five miles thereof, by means of the device or

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