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lic highway

[The following is the act of 1860 which is referred to, and which was omitted in its proper place.]

CHAP. 394.
AN ACT declaring the easterly branch of the St. Regis

river a public highway.

Passed April 14, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The easterly branch of the St. Regis river, from the The easterbridge or dam across said river at the village of Nicholville, the st. Rein the county of St. Lawrence, to the east line of township declared number seventeen, in the county of Franklin, at the point in teden pub. where the river crosses said east line, is bereby declared and constituted a public highway for the purpose of floating logs, tinber or liber down the same; and that upon that part of said river no person shall hereafter be allowed to erect any dam without an apron or chute of at least twenty feet wide, in the current of the said stream in the rollway of said dam, of a proper slope and good and sufficient supports and fixtures for the purpose of running logs, timber or luxuber; and that all booms hereafter made on that part of said river shall have an opening or passage way of at least twenty feet wide in the current of said stream, and that said passage way be closed except when necessary for the purpose of running logs, timber or lumber; and that any person or persons desiring to float logs, timber or lumber down said stream or that part of the same, may construct a shoal or chute or apron iu connection with any dam now made or standing thereon, and may alter or reconstruct any booms now made or constructed over and across said streain in a suitable manner to allow logs, timber or lumber to pass down, no unnecessary injury or damage being done to the owners or occupants of the lands or tixtures 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 booms or dams, and the flowing of water by the same or by any carelessness or inattention of such persons or their employees, in and about such dams or booms, to be appraised by commissioners to be appointed by the county judge of the county of FrankJin 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.

$ 2. In case of any person making such necessary improve- Proceedments or doing any unnecessary injury or damage to the or damago lands or fixtures along said stream shall, within eight days from the service of the aforesaid notice, tender to the party complaining a sum in current money of the United States

to lands.

Ibid.

Claims for damages to be made within one year.

sufficient to pay such actual damages, together with the necessary expense of making and serving such notice, then the party complaining shall pay all costs and expenses of the appointment of such commissioners and their services in appraising such damages.

S 3. In case the party complained against shall fail to pay within eight days after the service of notice upon bim to the party complaining, such reasonable damages and costs as aforesaid, according to the award of said commissioners, then the party complained against shall pay all costs as above, and also the award of said commissioners, to be sned for and collected before any court of competent jurisdiction to try the the same, according to the laws of this state.

S 4. Any person making claim for damages under this act shall make application for the same and make service of the notice required within one year from the time such damages accrued, or be forever barred from recovering the same. Any

person willfully obstructing, by booms or dams or otherwise, anstructing the channel of that part of said river so that the space of booms, etc. twenty feet in the channel thereof shall not be open for use

when necessary for the purpose of running logs, timber or lumber, shall be liable to a penalty of twenty-five dollars for each and every day of the continuance of such obstructions, to be sued for and collected in the name of the person injured before any court of competent jurisdiction, according to the laws of this state. The state shall in no case be liable for any damages to owners or occupants of lands or fixtures upon the said river hereby declared to be a public bighway.

Penalty for willfully

CHAP. 136.
AN ACT to amend the fourth subdivision of fourth section

of first part of chapter thirteen, part first of the Revised
Statutes, in relation to exemption from taxation upon
real and personal property of religious and benevolent
institutions.

Passed March 9, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. The fourth subdivision of the fourth section of the first title of the thirteenth chapter of the first part of the Revised Statutes, is hereby amended so as to read as follows:

“Every poor-house, almshouse, house of industry, and every house belonging to a company incorporated for the reformation of offenders, or to improve the moral condition of seamen, and the real and personal property used for such purposes belonging to or connected with the same.”

Ante, vol. I, p. 360.
$ 2. This act shall take effect immediately.

CHAP. 154.
AN ACT ceding jurisdiction to the United States over

certain lands under water in the lower bay of New
York.

Passed March 15, 1866; by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Jurisdiction over such portion of the lands under water comprising what is known as West Bank in the lower bay of the port of New York and Old Orchard shoals is hereby ceded to the United States as may be required and occupied by the said United States, in the erection thereon of wharves and warehouses for the reception of goods and merchandise arriving in said port in vessels subject to quarantine by the laws of this state, which goods and mercbandise shall be under the direction and control for quarantine purposes of the health officer of the port of New York; but such cession shall be subject to the right to serve thereon, any process either civil or criminal issued under the authority of the laws of this state.

$ 2. This act shall take effect immediately.

Change

CHAP. 174.
AN ACT in relation to courts of record in times of epi-

demic disease.

Passed March 16, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Whenever any malignant epidemic disease exists at the place where any court of record is appointed to be held, session. the chief or presiding judge of any such court, or the sole judge, if there be but one, may order the next coming session of such court to be held at any other place designated by him within the district for which such court is to be held. Such order shall be made in writing and forth with filed in the clerk's office of the court, or of the county where the said court was to be held, and shall be published in such newspapers Publication and for such time as the judge making the same shall therein of order. direct.

§ 2. An actual session of any court of record may be adjourn. adjourned in the like case to any other place within its district actual by order of the court, which may be made by one judge, if session. no more are in attendance, and of which order such notice

Effect thereof.

shall be given in such manner as the court or judge making the same shall in the order direct.

S 3. All persons summoned or bound by recognizance, or otherwise required to give their attendance at such court, shall attend at the place so fixed for the holding of such court, or to which such court shall be adjourned, and for default shall be liable to the same extent and in the same manner as if the place of holding such court bad not been changed and they had failed to attend thereat; and all notices of trial, hearing or argument, and orders to show cause for the place originally appointed for the bolding of such court, sball be held to apply to the place to which such court shall

be removed or adjourned. Proceedings $ 4. All proceedings bad at such other place shall be as valid place valid. and effectual as if had and transacted at the usual place of

holding such court.

at such

When

may practice In tbis.

CHAP 175.
AN ACT to authorize attorneys and counselors of the

Supreme Court of this State residing in adjoining States,
to practice in the courts of this State.

Passan March 16, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Any regularly admitted or licensed attorney or counother states selor of the supreme court of this state, and whose office for

the transaction of law business is within this state, may practice as such attorney or counselor in any of the courts of this state, notwithstanding he may reside in a state adjoining the State of New York; provided, that service of papers, which might, according to the practice of the courts of this state, be made upon said attorney at his residence, if the same were within the State of New York, shall be sufficient, if made upon bim by depositing the same in the post-office in the city or town wherein bis said office is located, directed to said attorney at his office, and paying the postage thereon, and such service shall be equivalent to personal service at the office of such attorney.

$ 2. The act of the legislature of the State of New York, passed March twenty-second, eighteen hundred and sixty-two, entitled "An act to authorize attorneys of the supreme court of this state residing in adjoining states, to practice in the courts of this state, is hereby repealed.

Ante, vol. 4, p. 603.
$ 3. This act shall take effect immediately.

CHAP. 180.
AN ACT to amend title one of chapter sixteen of the first

part of the Revised Statutes, in regard to the commuta-
tion for labor assessed on the highway.

Passed March 19, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section thirty-five of article third of title first of chapter sixteen of the first part of the Revised Statutes, is hereby amended so as to read as follows:

§ 35. Every person liable to work on the highways shall Rate of com work the whole number of days for which he shall have been assessed, but every such person, other than an overseer, may elect to commute for the same, or for some part thereof, at the rate of one dollar for each day, in which case such commutation money shall be paid to the overseer of highways of the district in which the person commuting shall reside, to be applied and expended by such overseer in the improvement of the roads and bridges in the same district.

Ante, vol. I, p. 468. $ 2. This act shall take effect immediately.

mutation

CHAP. 181.
AN ACT to provide for submitting to the people the ques-

tion, “Shall there be a convention to revise the Consti-
tution and amend the same?

PASSED March 19, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. At the general election to be held in this state on the Tuesday next after the first Monday of November, eighteen hundred and sixty-six, there shall be provided for the poll of each election district, and kept thereat by the inspectors of election of such district, a box marked “ Convention,” proper for the reception of ballots. Every person in such district qualified to vote at such election for members of the legisla- vote. ture, may vote at such poll a ballot either written or printed, or partly written or partly printed, on wbich shall be inscribed the words “For a convention to revise the constitution and amend the same," or the words “ Against a convention to revise the constitution and amend the same." Such ballot Ballot shall be indorsed “ Convention,' and shall be received by said inspectors of election, and shall be deposited in said ballot

Who may

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