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CHAP. 48. AN ACT appropriating a portion of the revenues of the literature fund for the benefit of academies.
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 additional sum of three thousand dollars is hereby appropriated out of the surplus revenues of the literature fund now in the treasury, for the benefit of the academies of this state subject to the visitation of the regents of the university, for the purchase of text-books, maps, globes, philosophical and chemical apparatus, and objects and models in natural history, to be assigned by the regents to the said academies, pursuant to the second section of the act chapter one hundred and forty of the Laws of eighteen hundred and thirty-four. § 2. This act shall take effect immediately.
Ante, vol. 3, p. 423.
$ 1. Sections thirty-five and thirty-six of chapter one, title six, part fourth of the Revised Statutes, are hereby amended 80 as to read as follows:
$ 35. Every person holding or exercising any office under selling the laws or constitution of this state, who shall for any reward, misde consideration or gratuity paid, agreed to be paid or reserved to be paid directly or indirectly, grant to another the right, privilege or authority to discharge any of the duties of such office, either by permitting another to make appointments or to perform or discharge in any manner directly or indirectly the prerogatives or duties of such office, shall upon conviction be deemed guilty of a misdemeanor, and, in addition to other punishments herein prescribed, shall forfeit his office and be forever disabled from holding such office, and every person who shall give or make any agreement to give any gratuity or reward in consideration of any such grant or deputation. shall upon conviction be deemed guilty of a misdemeanor.
Procuring appointments for reward, a misdemeanor.
S 36. Every person who shall, directly or indirectly, accept or receive, or agree to accept or receite, any reward or gratuity, paid, agreed to be paid, or reserved to be paid, for the purpose of procuring for another the appointment to any office created by the constitution or under the laws of this state, or any clerkship or subordinate position in any such office, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than six months nor over two years, and by fine not less than two hundred por over one thousand dollars. $ 2. This act shall take effect immediately. Aute, vol. 2, p. 718; 4 N. Y., 455; 1 H., P. R. 22; 9 W., 177.
Extended to mineral water.
passed February seventeen, eighteen hundred and forty-
Passed March 31, The People of the State of New York, represented in Senate and, Assembly, do enact as follows :
$ 1. Any tbree or more persons may organize themselves into a corporation, in the manner specified and required in and by the act entitled “An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,” passed February seventeenth, eighteen hundred and forty-eight, for the purpose of bottling and selling mineral water drawn from any natural mineral spring.
S 2. Every corporation so formed shall be subject to all the provisions, duties and obligations contained in the above mentioned act, and shall be entitled to all the benefits and privileges thereby conferred.
Ante, vol. 3, p. 733.
of the Nine Mile creek feeder.
PASSED April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. The canal commissioner of the middle division of the canals of this state is hereby required before the opening of canal navigation in the spring of eighteen hundred and sixtythree, to cause that portion of the Nine Mile creek feeder extending from the Erie canal to the mill-race of the flouring-mills in the village of Camillus to be so cleaned out and the bridge over the same so raised as to render said feeder at all times navigable by the boats navigating the enlarged Erie canal, in accordance with the provisions of the grant or release to the state of the lands, vecessary for the construction of said feeder by the owners thereof, the expense thereof, not exceeding the sum of three thousand dollars, to be paid out of moneys appropriated for repairs of canals on the middle divisions. 32. This act shall take effect immediately.
loan of certain moneys belonging to the United States,
Passed April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$1. Section thirty-first of chapter one hundred and fifty of the Laws of this state, passed in the year eighteen bundred and thirty-seven, is hereby amended by adding thereto the following:
They shall also serve such advertisement at least fourteen service of days prior to the time therein specified for the sale, upon the porticle sur
foreclosure. mortgagor, or his personal representatives, or upon his executors or administrators, if any shall have been, at the day of the date of such advertisement, duly appointed by the proceedings of any court, and upon such persons as shall by the records of the office of the county clerk of the county in which said premises or any part thereof are situated, appear to be grantees, lessees or mortgagees of the said premises or of any part thereof, and whose conveyance, mortgage or other evidence of right or title sball be upon said records at the date of the first publication of the said advertisement, and upon all persons having a lien or incumbrance upon the said premises or upon any part thereof, by judgment or otherwise, subsequent to such mortgage, and which lien or incumbrance shall, on the day of the date of said advertisement, appear upon the records of the office of the county clerk of the county in which said premises or any part thereof are situated. Such service shall be made by delivering a copy of such advertisement personally to the person to be served or by leaving a copy of said advertisement at the dwelling-house of the person to be served, in charge of some person residing therein,
When to bo sold.
who shall have attained the age of twenty-one years, or by inclosing and sealing the copy of such advertisement in an envelope and plainly addressing the said envelope, on the outside thereof, to the person to be served, by his name, as the same appears on said records, at the post-office nearest to his last known place of residence, and by depositing the same so inclosed and sealed in the said envelope, in the post-office nearest the residence of the commissioner or commissioners making such service, and by prepaying the postage thereon ; and when the service is made personally or by leaving at the dwelling-house as aforesaid, the same shall be made at least fourteen days before the day of sale in such advertisement mentioned ; and when the service is by depositing in the postoffice as aforesaid, the same shall be made at least twentyeight days before the day of sale mentioned in the said advertisement.
Ante, vol. 3, p. 85. $ 2. Section thirty-second of the said act is hereby amended so as to read as follows:
The said commissioners of the respective counties aforesaid shall, on the first Tuesday of February, yearly, expose the lands described in the mortgages foreclosed as aforesaid, tu sale at public vendue, and upon such sale they shall convey the said lands to the highest bidder or bidders; and they shall also deliver to such bidder or bidders affidavits of the publi cation, fixing up and service of the said advertisement, and the purchaser or purchasers thereof shall, if the said advertisement shall have been published and fixed and served, as herein required, hold and enjoy such estate in the said lands as was conveyed to the said commissioners by the said mortgages, clearly and absolutely discharged of and from all benefit and equity of redemption, and all other liens or incumbrances made or suffered after the execution of such mortgage by the mortgagor, his heirs or assigns, and such purchaser or purchasers shall pay the commissioners for drawing and executing conveyance, the sum of one dollar, and said affidavit of the publication of said advertisement shall be made by the publisher of the newspaper in which the same was inserted, or by his principal clerk, or by his foreman ; and said affidavit of such service of such advertisement and of the fixing up of the same, shall be made by any person who made the service or who fixed up the said advertisement.
Ante, vol. 3, p. 85. $ 3. The said commissioners shall be entitled to include in the expenses of the sale mentioned in the act hereby amended, the fees which they shall necessarily pay for searches of records in any office, and for the taking of said affidavits, and the sum of one dollar for the service of each and every advertisement served by them or in their behalf, in any one foreclosure ; provided, however, that the cost of such service
Costs and disburse ments
shall not in any one foreclosure exceed the sum of ten dollars.
$ 4. The fifteenth section of said act is hereby amended Ib. by inserting therein the words, “and on account of the fees paid for the searches and taking affidavits, and their compensation for serving said advertisement," immediately after the words, “ advertisements and sale," therein.
Ante, vol. 3, p. 81. $ 5. Section nineteen of the said act is hereby amended so as to read as follows:
Upon every sale of lands the commissioners shall fill up the Evidence of blanks in one of the loose sheets of blank mortgages to be chaser. provided by them as in this act is directed, like to the original mortgage, and attest the same as a true copy, under their hands and seals, and deliver the same, together with the said affidavits and the deed herein mentioned, instead of the original mortgage, to the purchaser, as the evidence of his title.
Ante, vol. 3, p. 82. $ 6. Section twenty-third of said act is hereby amended so as to read as follows:
In all cases where a sale of lands shall be made in pursuance When one of the provisions of this act, and a vacancy shall exist in stoner may the office of one of the commissioners in the county when such sale shall be had, it shall be lawful for the remaining commissioners to execute a deed in pursuance of this act, for the lands so sold, and to fill up and deliver, attested under his hand and seal as a true copy, one of the loose sheets of mortgages, in pursuance of section nineteen of this act, and also to deliver said affidavits, all of which shall have the same effect as if executed and done by two commissioners for such county.
Ante, vol. 3, p. 83. $7. The thirty-third section of the said act is hereby amended by inserting therein the words, “and the fees paid for searches and for taking affidavits, and the compensation of the said commissioners for serving such advertisements," immediately after the words, "the charges of advertising the same," therein.
Ante, vol. 3, p. 86. $ 8. Section thirty-nine of said act is hereby amended so as to read as follows:
The money for which the mortgaged premises are sold shall, Mondays upon the sale thereof, be paid to the said commissioners, out posed of. of which they shall retain in their hands the amount of the principal then due on the said mortgage, together with the interest which would have been due thereon on the first Tuesday of October next thereafter, if such sale had not been made, and also the expense of the advertisements of sale and the fees paid for searches and taking affidavits, and their compensation for serving advertisements; and the remainder, if any, the commissioners shall pay to the mortgagor, his or her heirs or assigns; and if the purchaser of the said mortgaged