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sheriffs of

counties.

S5. The respective sheriffs of the counties of Albany, Duties of Cayuga, Chemung, Columbia, Dutchess, Erie, Kings, Monroe, certain New York, Niagara, Oneida, Onondaga, Oswego, Rensselaer and Schenectady shall, on the first day of every month, transmit to the secretary of state a statement of the number of persons convicted in courts of special sessions during the preceding month in the respective cities of Albany, Auburn, Elmira, Brooklyn, Buffalo, Hudson, Lockport, New York, Newburgh, Oswego, Rochester, Poughkeepsie, Syracuse, Schenectady, Troy and Utica. Such statements shall specify the crimes, the whole number convicted, sex, age, nativity, married or single, degree of education, religious instruction, parents living or dead, whether before convicted or not of any crime, and whether temperate or intemperate. All courts in the city of New York having jurisdiction in cases where criminal convictions are had, are hereby, for the purposes of this act, declared courts of special sessions, whether composed of one or more police magistrates. Whenever any city shall hereafter be erected or incorporated in any county in this state, the sheriff of said county shall perform the same duties and make the same returns in regard to the persons convicted in courts of special sessions in said city as the sheriffs of the counties named in this section are required to perform in regard to the cities named therein.

court of

peace to entry of

$6. The clerk of the court of special sessions of the peace Clerk of in the city and county of New York shall, within three days special sesafter the first day of each month, transmit to the secretary sions of the of state a transcript of the entry of every conviction had transmit during the preceding month in the special sessions of the said conviction. city and county, which transcripts shall contain the name of the offender, a description of the offense in such form as the said secretary shall prescribe, and the sentence upon each conviction.

57. Any justice or other judicial officer, before whom any person shall have been convicted of a criminal offense, other than in courts of record, shall furnish to the sheriffs of their respective counties all the information they can obtain to enable such sheriffs to comply with the provisions of this act, and shall make such inquiries of the persons convicted before them, and of others, as the secretary of state shall direct.

8. Any sheriff or magistrate who shall neglect or refuse Penalties. to conform to the provisions of this act, or the provisions of sections thirty-eight and thirty-nine of article third, title three, chapter two, part four, Revised Statutes, shall be liable to the penalty prescribed in the first section hereof.

$9. The secretary of state shall cause this act to be published in pamphlet form, together with the instructions for its execution, and shall cause the same to be distributed among the officers herein mentioned; and whenever this act shall be amended, and whenever any change or modifications

or additions in or to the instructions under it shall in his opinion become necessary, he shall cause the same to be published and distributed as aforesaid, the expenses of which printing and publishing shall be paid by the treasurer, on the warrant of the comptroller. The secretary shall annually report to the legislature the results of the information obtained in pursuance of this act.

$10. Chapter ninety-seven, session laws of eighteen hunhred and sixty-one, and chapter seven hundred and twentythree, laws of eighteen hundred and sixty-six, and all acts and parts of acts inconsistent herewith, are hereby repealed. S11. This act shall take effect immediately.

Ante vol. 2, p. 742; vol. 5, p. 254; vol. 6, p. 811.

CHAP. 621.

AN ACT to impose tolls for the use of the State Basin at West Troy in certain cases.

PASSED April 23, 1867; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board are hereby authorized and directed to collect one mile toll on all boats and cargoes, rafts or floats or other property, navigating or using the state basin at West Troy known as the Mohawk basin, for the purpose of receiving or discharging cargoes, or for storing in or occupying any portion of said basin north of that point known as the ferry-way or Morrison's footbridge; but if the state shall hereafter build or cause to be built any lock or locks between said basin and the present Erie canal, then all boats passing through said basin to or from said lock or locks, for the purpose of passing in or out of the Erie canal to or from the Hudson river, shall not be subject to the payment of the aforesaid one mile toll.

§ 2. This act shall take effect immediately.

CHAP. 647.

AN ACT to continue the improvement of the navigation of the Hudson River, to make an appropriation therefor, and to continue in office the commissioners appointed by an act passed April thirteenth, eighteen hundred and sixty-three, for the expenditure of the same.

PASSED April 23, 1867; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tion.

Object of

tion.

SECTION 1. The sum of one hundred and fifty thousand Appropriadollars is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, for the purpose of removing obstructions to and improving the navigation of the appropriaHudson river, between the city of Troy and the village of Coxsackie, and completing the unfinished work commenced by the commissioners appointed by the act chapter one hundred and five, laws of eighteen hundred and sixty-four; provided, however, that said commissioners shall not, without further appropriation or direction from the legislature, cause any work to be done which cannot be paid for under the appropriation hereby made.

sioners.

$2. The state engineer and surveyor, Samuel Schuyler, Commis Alfred Van Santvoord, John W. Harcourt and George C. Burdett are hereby appointed commissioners, and are hereby authorized and empowered to superintend and control the expenditure of the said sum appropriated by the first section of this act, according to the purposes of said appropriation, as they or a majority of them shall agree.

for what

warrant.

3. The comptroller of this state is hereby authorized to when and draw his warrant on the treasurer of the state for the pay-comptroller ment of any money expended by the said commissioners, not to draw exceeding the amount appropriated by this act, provided the expenditure of the same is verified in due form by the oath of said commissioners, or a majority of them, to the effect that such moneys have been expended for the purpose of improving the navigation of the Hudson river as herein provided, or that the labor, material or machinery has been either duly performed or furnished; and provided further, that the said commissioners shall receive no compensation for their services in the discharge of their duties created by this act beyond their actual expenses.

sioners.

S4. The commissioners appointed by this act shall, before Bond of they are authorized to draw upon the comptroller for any of comers the moneys appropriated by this act, execute to the people of the state of New York a boud in the penal sum of one hundred thousand dollars, with satisfactory sureties, conditioned that they will faithfully discharge their duties as such

Commis.

make rules

to obstruc

navigation.

commissioners, and truly account to the comptroller of the state for the expenditure of all moneys received by them under this act, which bond shall be approved by the comptroller and the treasurer of the state, and such accounting shall take place within thirty days after the payment of such moneys to said commissioners.

$5. The commissioners hereby appointed shall also have sioners to the power to prescribe rules and regulations relative to the in relation dumping of earth, stone, gravel, mud, or any other material, tion of in or near the said river, which in their opinion would have a tendency to obstruct navigation; and any person or persons who shall, by themselves or their agents, violate such rules and regulations, shall be liable to a penalty of one hundred dollars, to be recovered in any court of competent jurisdiction in the name of said commissioners, or any one of them, one half of said penalty, when recovered, to be paid to the informer, and the balance into the state treasury; and for the purpose of enforcing the provisions in this section contained, the said commissioners shall remain in office, subject only to removal by the governor, who is hereby authorized to fill any vacancy in their number by appointment.

Allowing

vote.

S6. The said commissioners shall not be directly or indirectly interested in any contract made under this act. S7. This act shall take effect immediately.

CHAP. 656.

AN ACT to amend an "Act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen.

PASSED April 23, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The third section of the act entitled "An act females to to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, is hereby amended by striking out from the same in two places where it occurs, the word "male."

S.2. The seventh section of the said act is hereby amended by striking out from the same the word "he," and substituting therefor the words "such person."

$3. This act shall take effect immediately.

Ante, vol. 3, pp. 689, 692.

CHAP. 657.

AN ACT to authorize the erection of free churches or chapels in certain cases.

PASSED April 23, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

lands.

SECTION 1. Any religious corporations incorporated under May hold the several acts to provide for the incorporation of religious societies, passed April sixth, seventeen hundred and eightyfour; March twenty-seventh, eighteen hundred and one; April fifth, eighteen hundred and thirteen; or by any special charter made or granted before or after July fourth, seventeen hundred and seventy-six, may purchase and hold grounds in the same village, town or city in which the church edifice belonging to such corporation is situated, for the purpose of erecting, and may erect and maintain thereon, free churches or chapels; and also at the same time, or thereafter, may purchase and hold other grounds for the purposes of erecting, and may erect and maintain thereon, suitable schoolhouses for Sunday or parochial schools of the said free churches or chapels, and residences for the clergy and teachers in charge of or employed in such churches, chapels and schools; and also mission-houses for the temporary accommodation and relief of the poor, and free hospitals and asylums for the relief of the sick, aged and indigent, and dispensaries of medicine for the poor; or may hire or purchase and hold any such grounds, with suitable buildings already erected thereon, for the like purposes, notwithstanding any restriction contained in the said act or in any such charter; and the vestry or trustees of such religious corporation may take the control and management of such free churches or chapels, schools or mission-houses, asylums, dispensaries and hospitals, and may appoint and employ clergymen, teachers and others, officers or persons, to take the charge and management thereof.

free.

2. The seats and pews in every church or chapel erected Seats to be by any religious corporation under the provisions of this act shall be forever free for occupation and use during public worship, of all persons conducting themselves with propriety under such rules and regulations as may be established therefor by the parent church; and no rent, charge or exaction shall ever be made or demanded for such occupation or use.

$ 3. Persons attending public worship in such churches or who not to chapels, or otherwise claiming in any manner to be connected vote. therewith, shall not, by reason of such attendance, or claim of any kind, be entitled to vote at the annual elections for churchwardens and vestrymen, or trustees, of the religious

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