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sentence to the state prison, unless by the order of the county
judge of the county in wbich said asylum is situated ; aud
the said county judge, upon the application of the said super-
intendent, shall proceed to investigate the question of the
insanity of such convict, and shall cause two respectable
physicians to be designated by him to examine said convict,
and, upon their evidence under oath, and upon such other
testimony as he shall require, shall decide the case as to his
insanity, and if he is satisfied that such .convict is insane
sball make an order that the said conviot shall be retained in
the asylum until he is recovered of his insanity, or is other-
wise discharged according to law; and the fees of such physi-
cians and witnesses shall be audited by the state prison
inspector in charge, and shall be a charge against the state,
to be paid by the comptroller out of the general fund; but
such fees shall not in any one case exceed the sum of ten
dollars.

Ante, vol. 5, p. 244.
$ 3. This act shall take effect immediately.

CHAP 144.
AN ACT to amend an act entitled “ An act allowing the

continued use of copartnership names in certain cases,"
passed April seventeenth, eighteen hundred and fifty-four.

Passed April 17, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The fourth section of the act entitled "An act allowing the continned use of copartnership wames in certain cases," passed April seventeenth, eighteen hundred and fifty-four, is hereby amended so as to read as follows:

The provisions of this act shall apply to firms or copartnerother firms. ships having business relations with foreigu countries, and to

all copartnerships in this state who have transacted business
therein for a period of tive years or upward, and to any
limited partnership formed under the laws thereof, whose
general partners or the majority of them shall have been
members of the prior partvership, and who sball elect to con-
tinue their business under the name of such prior copartner-
ship and comply with the requirements of this act.
$ 2. This act shall take effect immediately.

Ante, vol. 4, p. 452.

Act extended to

To make a

channel.

CHAP. 165.
AN ACT to authorize the improvement of the Chemung

Canal Feeder at the village of Corning.

PASSED April 17, 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 commissioners are bereby authorized and navigable required to make and construct a channel or slip and basin, connecting with said feeder, on the sonth side of the Chemung river, in the village of Corning, of sufficient capacity for Davigation, together with such clocking, excavation and improvement as such commissioners may deem proper for the interest of the state, in accordance with the plans proposed in the reports of said commissioners in the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, and the report of the canal board transmitted to the senate the fifth day of March, eighteen hundred and sixtythree, or upon such other plan as said commissioners may adopt. Treasurer

$ 2. The treasurer shall pay, on the warrant of the auditor to pay of the canal department, the expense of the construction and improvement authorized by this act out of any moneys appropriated for extraordinary repairs and improvements upon the middle division of the canals, not exceeding the sum of twenty thousand dollars.

$ 3. The improvements referred to in this act shall not be made unless the lands and real property necessary to the making of such improvements be ceded to the state, without expense.

expense.

Proviso.

CHAP. 167.
AN ACT in relation to certain bridges over the Chemung

canal, in the village of Elmira.

PASSED April 17, 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 canal commissioners are hereby authorized and directed to cause the bridge over the Cheming canal, in Church street, in the village of Elmira, to be removed to Wasbington avenue in said village, in place of the old and decayed bridge on said avenue, and to erect, or cause to be erected, a new swing bridge over said canal, in Church street aforesaid, the expense of such removal and of such new bridge not to exceed two thousand dollars, and to be paid ont of any appropriation made for extraordinary repairs and improvements on the middle division of the canals.

2. This act shall take effect immediately.

Duty of town audi

tors.

Certain officers to

CHAP. 172.
AN ACT in relation to the accounts of town officers.

Passed April 17, 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 town auditors in the several towns of this State shall examine the accounts of the overseers of the poor and the commissioners of highways of such town, for all moveys received and disbursed by them, and sball meet for the purpose of examining the same, annually, in each town of this state, on the Tuesday preceding the annual town-meeting to be held in each town.

S2. The commissioners of bighways in each town of this account for state, and all town officers who receive or disburse any moneys

belonging to their respective towns, shall, on the last Tuesday preceding the aunual town-meeting of their town, account with the board of town officers of such town for all moneys received and disbursed by them by virtue of their offices.

$ 3. The said board of town auditors shall make a statement of such accounts, and append thereto a certificate, to be signed by a majority of the board, showing the state of the accounts of the said highway commissioners and other officers at the date of the certificate; which statement and certificate shall be filed with the town clerk of the town, and be by him produced at the next annual town-meeting, and publicly read.

S 4. This act shall take effect immediately.

moneys.

Andltors to state account.

CHAP 174.
AN ACT in relation to the detention of prisoners in the

county of Kings.

Passed April 17, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. Whenever any justice of the peace in the county of Kings shall notify in writing any police officer or member of the metropolitan police or other person baving charge of any station-house or other public place of detention in said county, to produce before such justice, to be dealt with according to law, any person who may be confined therein upon any criminal or other charge, not being committed upon such charge by any court or judicial officer, or not being beld by an officer acting under the authority of the United States government, it shall be the duty of such police officer or person, without delay, to bring or cause to be brought before such justice the person so detained or imprisoned, and any willful failure or refusal so to do is hereby declared a misdemeanor on the part of the person so failing or refusing, and, upon conviction, the offense shall be punished by fine not exceeding one hundred dollars.

$2. The provisions of this act sball apply as well to Sunday as other days, except that no otfouder shall be put on trial upou that day. S 3. This act shall take effect iminediately.

teers who ro-onlist.

CHAP. 184.
AN ACT to promote the re-enlistment of volunteers now

in the service of the United States, and the enlistment
of persons into regiments and corps now in said service
and hereafter to be organized.

Passed April 17, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. There shall be paid to each volunteer now in the ser- Porolunvice of the United States, iv any of the regiments from this state, organized under the act of the legislature, passed April sixteen, eighteen hundred and sixty-one, entitled "An act to anthorize the embodying and equipment of a volunteer militia, and to provide for the public defense,” who may re-evlist to serve two years in the United States service, unless sooner discharged, after the expiration of his present service, the sum of one hundred and fifty dollars, and there shall be paid to each volunteer who shall so re-enlist to serve for one year in the United States service, unless sooner discharged, the sum of fifty dollars.

$ 2. There shall be paid to each non-commissioned officer, Rruentligt musician and private, who shall enlist in any regiment or corps of volunteers from this state, now in the service of the United States, and to each non-commissioned officer and private who has enlisted since the first day of November, eighteen hundred and sixty-two, or may enlist in any military organization duly authorized, in this state, and now preparing for the service of the United States, for the term of three years or the war, the sum of seventy-five dollars, provided, Proviso. however, that no money shall be paid to any person so enlisting or volunteering who bas a family or relative dependent on him for support (under the provisions of this act), unless the person so enlisting shall have allotted, according to the existing rules and regulations, at least one-half of bis monthly pay for the benefit of such family or relative.

ments.

Additional bounties

bounties.

S 3. Neither any county, city, town or municipal corporaprohibited. tion, or person, or recruiting officer of any other state shall

hereafter offer, raise, or expend, any money, or incur any liability, for the purpose of giving or paying any bounties to promote the enlistment of volunteers, provided that the provisions of this section shall not apply to the action of any county, city, town or municipal corporation relative to bounties paid or promised prior to the passage of this act, nor shall this section be so construed as to prevent the payment of any sums to procure substitutes for persons drafted.

See post, chap. 2 of 1863. Payment of

$ 4. The moneys paid under the foregoing sections sball be paid at such time or times, and in such manner and propor tion, as shall be deemed most likely to encourage enlistments secure the services of the volunteers in the United States service, and prevent fraud and desertion, and as shall be directed by the governor, as commander-in-chief, in general

orders. Appropria

$ 5. The sum of three millions of dollars, or so much thereof as may be necessary, is hereby appropriated, out of the moneys in the treasury not otherwise appropriated, to defray the expenditures authorized by this act.

$ 6. There shall be imposed for the fiscal year commencing on the first day of October, one thousand eight hundred and sixty-three, a state tax for such sum as the comptroller shall deem necessary to meet the expeuses hereby authorized, not to exceed two mills on each dollar of the valuation of real and personal property in this state, to be assessed, raised, levied, collected and paid in the same manner as the other state taxes are levied, assessed, collected and paid into the treasury.

$ 7. This act sball take effect immediately.

tion therefor.

Blate tar

CHAP. 189.
AN ACT to amend article second, title ten of chapter

eight, part third of Revised Statutes, “Of summary pro-
ceedings to recover the possession of land in other cases.

PASSED April 20, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. All proceedings had and process issued under the provisions of article second, title ten, chapter eight, part third of the Revised Statutes, in the city of New York, by any justice of the district courts thereof, shall be bad and issued and be made returnable before a justice of the district court in the district in which the premises of which the possession is sought to be recovered are situated, aud all such process shall

Process in New York, where re turnable.

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