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of Kings police district

tional number as the board of supervisors of said county shall, by resolution, from time to time, authorize and determine."

Ante, vol. 4, p. 260. $ 2. The twelfth section of the said act is hereby amended by striking out the word “Richmond” wherever it occurs in

such section, and by adding to such section the following: Bupervisors • Any part of any town adjoining the city of Brooklyn may may extend be set apart into a district by the board of supervisors of the

county of Kings, for the purpose of having a patrol force therefor with proper officers; the number of such patrolmen and the officers to be designated by tbe said board of supervisors of Kings county; such district and number of patrolmen, and the officers, to be first applied for by twothirds of the tax payers of said proposed district, as they sball appear on the last preceding tax roll of the town. The pumber of patrolmen for such district may be increased, from time to time, by said board of supervisors, upon like application. The expenses of such police force and officers, and of a station-house or place of detention in any such district, to be estimated by the said board of metropolitan police, shall be a charge upon the taxable property of said district, and shall be levied and collected in the annual taxes levied thereon for town and county purposes."

Ante, vol. 4, p. 260. $ 3. The thirteenth section of said act is hereby amended by adding thereto the following:

“ Any person arrested by the police in the city of Brooklyn may be taken before a magistrate on Sunday, at the usual place of bolding his court, for the purpose of being bailed, in proper cases, util the next public sitting of such magistrate, then to be taken before him, to be dealt with according to law."

Ante, vol. 4, p. 261. $ 4. The sixty-first section of said act is hereby amended

so as to read as follows: Money to be

“The board of supervisors of the county of New York, the board of supervisors of the county of Kings, and the board of supervisors of the county of Richmond, are hereby respectively empowered and directed, annually, to order and cause to be raised and collected by tax upon the estates, real and personal, subject to taxation according to law, within the said county of New York, and city of Brooklyn, and county of Richmond, and in any town or district of a town in the county of Kings, which shall determine to bave a police force in the said town or district, the sums of money as aforesaid annually estimated and apportioned as the share of said county, city or town, or district of a town, of the said total expenses of the metropolitan police district."

Bunday arrests.

Ante, vol. 4, p. 274. $ 5. This act shall take effect immediately.

raised by tax.

CHAP 87.
AN ACT to amend section one of chapter twenty-eight of

the Laws of eighteen hundred and sixty-six, entitled
“An act authorizing the extension of the time for the
collection of taxes in the several towns and cities of
this State.”

PASSED March 2, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section one, of chapter twenty-eight, of the Laws of eighteen hundred and sixty-six, is hereby amended so as to read as follows:

§ 1. If any collector of taxes in any of the towns or cities When colof this state, shall have, within the time which is now or shall taxes in hereafter be provided by Jaw, paid over all the moneys col- cities lected by him, and shall within thirty days after the passage of this act, renew his bond with sureties to the satisfaction in towns of the supervisor, or in case of his absence or disability, of the town-clerk, and in any city in the manner in which collectors' bonds are now approved therein, in a penalty not less tban double the amount remaining uncollected by virtue of bis warrant, snch approval to be expressed in writing upon or attached to said bond, and which bond shall be filed aud have the effect of a collector's bond as provided by law, and sball also, within the time aforesaid, deliver to the county treasurer of his county, if a collector of taxes in any town, and to the city treasurer or other official authorized to receive taxes from such collector of his city, if a collector of taxes in any city, a copy of such bond and approval duly certified or authenticated by the officer or board or authority taking and approving the same, then the time for collecting the taxes and making the returns thereof may be exteuded to a period not later than the first Monday of April next, which period shall, in the towns, be fixed and limited by the supervisor of such town, or, in the case of his absence or inability, by the town-clerk and in cities by the common council; and the boud given on renewal as aforesaid, shall be and be held as security for all moneys collected after the expiration of the warrant by its original terms. $ 2. This act shall take effect immediately.

towns and

extended,

Ante, p. 670.

Depositions to be preserved.

CHAP. 95.
AN ACT to provide for the filing, preserving and exhibit-

ing, by magistrates, of the affidavits or complaints taken
by them on the issuing of criminal warrants.

Passed March 3, 1866; three-fifths being present. The People of the Stite of Nero York, represented in Senate and Assembly, do enact us follows:

$ 1. Whenever any magistrate, having criminal jurisdiction, shall take any deposition, affidavit or complaint in writing, upon which he shall issue any criminal warrant, search warrant or other criminal process, he sball file and preserve the same, and, on the demand of any person affected by the said warrant, search warrant or other process, he shall exhibit the said deposition, affidavit or complaint to such persou for bis perusal, and such person, by himself or by another, may take copy thereof.

S 2. This act shall take effect immediately.

Trustee created by will may settle accounts with surrogate.

CHAP 115.
AN ACT to amend section sixty-six of article third of title

third of chapter sixth of part second of the Revised
Statutes, relative to the settlement of the accounts of
testamentary trustees.

PASSED March 9, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The sixty-sixth section of the third article of title third of the sixth chapter of the second part of the Revised Statutes, is hereby amended so as to read as follows:

$ 66. Any trustee created by any last will and testament, or appoiuted by any competent authority to execute any trust created by such last will and testament, or any executor or administrator with the will anuexed, authorized to execute any such trust, may from time to time render and finally settle his accounts before the surrogate of the county in which such last will or testament was approved, in the manner provided by law for the final settlement of the accounts of executors and administrators, and may for that purpose obtain and serve, in the same manner, the necessary citations requiring all persons interested to attend such final settlement; and the decree of the surrogate on such final settlement may be appealed from in the manner provided for an appeal from a decree of a surrogate on the final settlement of the accounts

of an executor or administrator, and the like proceedings shall be bad on such appeal; on all such accountings of such trus- Compensa tees, the surrogate before whom such accounting may be had, trusteo. shall allow to the trustee or trustees the same compensation for his or their services, by way of commissions, as are allowed by law to executors and administrators, and also such allowance for expenses as shall be just and reasonable, and if there be more than one trustee, and the estate be insufficient to give full commissions to each trustee, said surrogate shall apportion such compensation and allowance among said trustees according to the services rendered by them respectively. The Free of decree of the surrogate on the final settlement of an account surrogate. provided for in this section, or the final determination, decree or judgment of the appellate tribunal in case of an appeal, shall have the same force and effect as the decree or judgment of any other court of competent jurisdiction, on the final settlement of such accounts, and of the matters relating to such trust which shall have been embraced in such accounts, or litigated or determined on such settlement thereof.

Ante, vol. 2, p. 97.

be recorded.

CHAP. 116.
AN ACT to amend section nineteen of article seven of

the first title of chapter five of the second part of the
Revised Statutes, relating to insolvent proceedings.

Passed March 9, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The nineteenth section of the seventh article of the first title of the fifth chapter of the second part of the Revised Statutes, is hereby amended so as to read as follows:

Every discharge granted under the third, fourth and fifth Discharge to articles of this title shall be recorded by the clerk of the county in which it was granted; and the original discharge, the record thereof and a transcript of such record, duly authenticated, shall be conclusive evidence of the proceedings and facts therein contained. All the petitions, affidavits, and other schedules, inventories, orders and other papers upon which any such discharge shall be hereafter granted, shall, within three months from the granting thereof, be filed and recorded by the clerk of the county in which the insolvent resided at the time of the presentation of his petition, or such discharge shall be thereafter inoperative, until such papers shall be duly filed and recorded as aforesaid. The record thereof and a transcript of such record, duly authenticated, shall be presumptive evidence of the facts and proceedings therein contained. The clerk shall receive five cents per folio for recording said papers, and no other fee for filing the same. Ante, vol. 2, p. 39.

89

papers

Portion of lic highway

CHAP. 117.
AN ACT to amend chapter three hundred and ninety-four

of the Laws of eighteen hundred and sixty, entitled
"An act declaring the easterly branch of the St. Regis
river a public highway,” passed April fourteenth, eigh-
teen hundred and sixty.

Passed March 9, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The first section of chapter three hundred and ninetyfour of the Laws of eighteen hundred and sixty, entitled "An act declaring the easterly branch of the St. Regis river a public highway,” is hereby amended so as to read as follows:

§ 1. That part of the St. Regis river between the St. Regis Divers pab. lake and the easterly line of the town of Stockholm, in the

county of St. Lawrence, is hereby declared and constituted a public highway, for the purpose of floating logs, timber or lumber down the same, and upon that part of said river no person shall hereafter be allowed to erect a dam without an apron or chute of at least twenty feet wide in the current of the said stream in the roll way of said dam, of a proper slope and good and sufficient supports and fixtures, for the purpose of running logs, timber or lumber; and all booms bereafter made on that part of said river, sball bave an opening or a passage of at least twenty feet wide in the current of said stream, and said passage way may be closed except when necessary for the purpose of running logs, timber or lumber; and any person desirous to float logs, timber or lumber down said stream or that part of the same, may construct a shore or chute or apron in connection with any dam now made or standing therein, and may alter or reconstruct any booms now made or constructed over and across said stream in a suitable manner to allow logs, timber or lumber to pass down, doing no unnecessary injury or damage to the owners or occupants of the lands or fiftures along said stream, and paying to such owners or occupants such damages as he or they may actually sustain by reason of such alteration of such dams or booms, and the flowing of water by the same, or by any carelessness or inattention of such persons or their employees in and about such dam or booins, to be appraised by commissioners to be appointed by the county judge of the county of Franklin, on the application of any person entitled to and claiming such damages, on ten days' notice in writing being given by the party claiming, to the opposite party, of the time and place of making such application.

Dams to bave aprons

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