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surveyors, by the water power owners as hereinbefore provided, sball laborers,
have power to employ all necessary clerks, surveyors, mechanics, laborers and keepers, and shall manage the said
reservoir and property as may be the most judicious to effect Manage the object of said improvement. They shall cause the gates gates.
to be closed in time of freshets and floods, so as to check the same, and they shall let out the water at such times as they may deem proper, with a view of preserving, so far as practicable, a uniform flow of water in said river, for the benefit of the water powers thereon, and the navigation thereof, but said gates shall not be opened or the water discharged from any reservoir hereby authorized to be constructed in excess of the usual and natural flow of the same, after the first day of July of any year, without the unanimous direction or consent of said commissioners first had and obtained in writing
The commissioners shall appoint a gate keeper and fix his keeper,
compensation ; such gate keeper shall hold his office at the pleasure of the board, and a successor may be appointed as
as often as may be necessary. Repair and $ 15. The commissioners appointed by this act, and their rebuilding of dams,
successors in office, shall maintain and repair, and, in case of their destruction, rebuild said dams and other structures
erected for the purpose of said reservoir or reservoirs, the Expenses expenses whereof shall be assessed upon the water power thereof,
lots on said river in the manner prescribed in section seven assessed.
of this act, including therein such new water powers as shall
be brought into use subsequent to the creation of said reserCompen
voir or reservoirs. The commissioners shall be allowed their
reasonable expenses and for their services the sum of three sioners.
dollars per day while employed about their duties under this Expenses, act, which charges and expenses, and all expenses of manhow paid.
aging the said improvement and property up to the time of the meeting of the water power and real estate owners, provided for in section thirteen, they shall include in their final
assessment provided for in section seven of this act. County $ 16. The said county judge of St. Lawrence county shall judge may
have power, and it shall be his duty, upon the application of sioners for any person interested, and upon sufficient proof on a bearing
upon due notice, given as provided in section eight of this act, that the said commissioners, or any one or more of them, have been guilty of malfeasance, or have embezzled or misappropriated any funds coming into their or his hands as such commissioner or commissioners, to remove them or him from such office, and to appoint another or other persons in their or his stead, and to render judgment in favor of the said commissioners against the person so removed for the damage so caused by such malfeasance or the money so embezzled or misappropriated ; and the amount of such judgment shall thereupon be collectible upon the official
sation of commis.
bond of the person against whom such judgment shall be rendered.
S 17. Any or every person who shall willfully interfere willful inwith or injure any of the works, gates or structures made or works, how constructed under the provisions of this act, shall be deemed punished. guilty of a misdemeanor and punishable by fine not exceeding one thousand dollars, or by imprisonment not cxceeding six months, or by both, and the board of commissioners may maintain actions for any damages to such works. Nothing Act not to in this act contained shall apply to or affect the town of town of Norfolk, in said county of St. Lawrence, or any water power or property located in said town, nor shall the owners of Proviso as water power upon any portion of said river be assessed for ment of the construction of the reservoirs by this act authorized, waters of except the owners of such water power as' is at the time power. of such construction or has previously been occupied and
$ 18. This act shall take effect immediately.
section seventy-three, laws of eighteen hundred and
PASSED April 2, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section seventy-three of chapter two hundred and eighty of the laws of eighteen hundred and forty-seven, an act in relation to the judiciary, passed May twelfth, eighteen hundred and forty-seven, is hereby amended by adding thereto as follows: There shall also be a reporter of the decis- Appointions of the supreme court, to be denominated “Supreme Court supreme Reporter," who shall be appointed by the governor, secretary porter. of state and attorney-general, and hold his office for five Term of years, but may be removed by the concurrent vote of both branches of the legislature. It shall be his duty to report certain defrom among the decisions which may be forwarded to him for publication, by the order of any general or special term cenot to be
reported of any of such courts, such as he shall deem it for the public good to have reported. To enable him to perform this duty, Jadges to the judges of that court shall deliver to him their written reporter opinions in all causes in which they shall order the opinion ten opinto be reported. Every such cause shall be promptly reported; but not more than three volumes shall be published Not more in any one year. The reporter shall prepare for each volume, volumes to
cisions of supreme
be publish; and have published therewith, the usual digest, head notes,
. Digest. tábles of contents and index. No salary shall be paid the No salary. reporter.
Ante, vol. 4, p. 592.
S 2. The volume of reports shall be published at a price reports. not exceeding two dollars and fifty cents per volume, of not
less than five hundred pages, regard being had to the proper execution of the work.
$ 3. This act shall take effect immediately.
Price per volume of
CHAP 115. AN ACT making the waters of Harrison Creek in the town of Canton, St. Lawrence county, a public highway
PASSED April 6, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The waters of Harrison creek in the town of Canton, St. Lawrence county, New York, are hereby declared to be a public highway for the purpose of running logs and timber, for the distance of two miles up said creek from its connection with Grasse river.
$ 2. This act shall take effect immediately.
troughs in the public highways.
PASSED April 7, 1869; three-fifths being present. The People of the State of New York, represented in Senate
and Assembly, do enact as follows: Abatement SECTION 1.. The overseer of the highways in the several tax allowed. road districts of this state shall abate three dollars from the
highway tax of any inbabitant in his district who shall construct, and during the year previous keep in repair, a watering trough beside the public highway, well supplied with water, the surface of which shall be two and a half feet or more
above the level of the ground, and easily accessible for horses Namber of with vehicles; but the said overseers of highways respectively watering
may designate the number necessary for the public convendesignated.
ience in each district, and no others but those designated sball be allowed this abatement of tax.
S 2. This act shall take effect immediately.
States, to be used in this State.
PASSED April 7, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. In cases where by law the affidavit of any per- Afida vita son residing in another state, or in any territory of the in this United States is required, or may be received in judicial pro- taken and ceedings in this state, the same may be taken and certified other by any officer authorized by the laws of such state or territory to administer oaths, and take and certify affidavits to be used in the courts of record of such state or territory.
§ 2. To entitle such oath or affidavit to be read in the Afidavit, courts of this state, there shall be stated in the body of such contain. affidavit the name, residence, age and occupation of the deponent or affiant, and there shall be attached to the jurat or How to be affidavit a certificate, under the name and official seal of the under seal clerk, register, prothonotary or other officer authorized by the register, laws of such other state to make such certificate of the county in which the officer taking and certifying such oath or affidavit resided, specifying that such officer was at the time of taking such oath or affidavit, duly authorized to take the same, and that such clerk, register, prothonotary or other Certificate, officer is well acquainted with the handwriting of such officer, state. and verily believes that the signature to such jurat or certificate is genuine, and that such oath or affidavit purports to be taken in all respects as required by the laws of such state or territory; and such oath or affidavit, so taken and certified, Force and may be read in any court or before any officer in any suit or affidavit so proceeding in this state, with like force and effect as if such oath or affidavit had been taken before any officer authorized by law to take affidavits in this state to be read in courts of record.
$ 3. This act shall take effect immediately.
AN ACT to facilitate the trial of indictments.
PASSED April 12, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. In all cases in which courts are now authorized Powers of by law to make allowance for the expenses of poor witnesses, supreme who attend the trial of indictments in behalf of the people, a compensa
Witnesses justice of the supreme court of the judicial district in which from other any indictment may be pending, for a crime above the grade
of misdemeanor, is hereby empowered, upon application of the district attorney of such county, either before or after the trial, to make an order for compensating any witness, for attendance upon the trial of such indictment in behalf of the people, from any other state or territory, in such sum for per
diem and expenses as said justice under the circumstances Allowance, shall deem reasonable. Such allowance shall be paid on said
order, when made, in the same manner as now provided by law for the payment of expenses of poor witnesses.
$ 2. In cases where indictments shall be pending in any jadge in court of sessions, the county judge of the county in which like cases. such court shall be held shall have the same power that is
conferred by the last preceding section upon justices of the
Ante, vol. 2, p. 778, 8 3.
Powers of county
resident stockholders and the personal. representatives
Passed April 13, 1869; thee-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. When an action shall be authorized by any law rices foro. of this state against the stockholders of any corporation or Gemmd by joint stock company, and any of such stockholders named as publication. defendants cannot, after due diligence, be found within the
state, and the fact appears.to the satisfaction of the court or a judge thereof, or of the county judge of the county where the trial is to be bad, such court or judge may grant an order that the service be made by publication as directed, and pursuant to the provisions of section one hundred and thirty-five of the code of procedure.
Ante, vol. 5, p. 38. Who to be $ 2. In any such action against the stockholders of any defendants. corporation or joint stock company, which shall have been
organized under the laws of this state, it shall be sufficient to name, as defendants, the persons appearing as stockholders on the stock books of said corporation or company, by the name or names there appearing; but the court in which such
action is pending may, at any time before final judgment, pleadings, permit the process, pleadings and proceedings in any such
action to be amended on motion of either party, by striking
Amendment of procese,