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CHAP. 283. AN ACT to prohibit the erection or maintenance of booms

or other obstructions in certain portions of Black River, in Jefferson county.

PASSED April 8, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be unlawful to build or maintain any boom or other obstruction across such portion of the Black river as lies in the towns of Watertown and Pamelia, in the county of Jefferson, or between the said towns, within the limits aforesaid, for the stoppage of logs or drift wood in said river.

S 2. Any person or persons, company or corporation, who shall, after the passage of this act, erect or maintain any boom or other obstruction for the stoppage of logs or drift wood across said river, within the limits aforesaid, shall forfeit and pay a penalty of ten dollars for each and every day such boom or other obstruction shall continue after ten days' notice to remove the same by any commissioner of highways of either of said towns; such penalty to be sued for and recovered in the name of the commissioners of highways of either of said towns, before any court of competent jurisdiction. All penalties recovered and collected by virtue of this act, shall be expended by the commissioners who may recover the same, for the use of the highways of their town.

$ 3. This act shall take effect immediately.

CHAP. 289. AN ACT to authorize joint stock companies and associations to purchase, hold and convey real estate.

PASSED April 9,

1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be lawful for any joint stock company or association to purchase, hold and convey real estate for the following purposes :

1. Such as shall be necessary for its immediate accommodation in the convenient transaction of its business; or,

2. Such as shall be mortgaged to it in good faith, by way of security for loans made by or moneys due to such joint stock company or association; or,

3. Such as it shall purchase at sales under judgments, decrees or mortgages held by such joint stock company or association.

The said joint stock company or association shall not purchase, hold or convey real estate in any other case or for any other purpose ; and all conveyances of such real estate shail be made to the president of such joint stock company or association, as such president, and who, and his successors, from time to time, may sell, assign and convey the same, free from any claim thereon against any of the shareholders, or any person claiming under them, or any or either of them.

2. This act shall take effect immediately.

CHAP. 311.
AN ACT to amend an act entitled “ An act to amend chap-

ter one hundred and nine-six of the laws of eighteen
hundred and fifty-four, regulating pilotage of the port
of New York,” passed March seventeenth, eighteen hun-
dred and sixty-five.

PASSED April 10, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of an act entitled “ An act to amend chapter one hundred and ninety-six of the laws of eighteen hundred and fifty-four, regulating pilotage of the port of New York,” is hereby amended by striking out the word “three," and inserting in lieu thereof, the word “six." 3 2. This act shall take effect immediately.

Ante, vol. 4, p. 80 ; vol. 6, p. 448.

CHAP 319.
AN ACT declaring a portion of Paul's creek a public

highway.

Passed April 10, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. So much of Paul's creek as lies within the Portion of county of Saratoga, is hereby declared and constituted a public highway for the purpose of floating logs, timber and Com lamber down the same, and that upon that part of said creek highway. no person shall hereafter be allowed to erect any dam without an apron or chute, of at least fifteen feet in width, in the current of said creek in the rollway of such dam, of a proper slope, and sufficient and suitable for running logs, timber and lumber, and that all booms hereafter made on that part of said creek, shall have an opening or passage way of at least fifteen feet wide, in the current of said creek, and that any

creek in Saratoga

how to be built.

from improvements.

of.

person or persons desiring to float logs, timber or lumber down that part of said creek, may improve the channel thereof, and construct a shoal, or chute, or apron in connection with any dam now made or standing thereon, or which may hereafter be made or erected thereon, in a manner suitable to allow logs, timber and lumber to pass down said creek, doing no unnecessary damage or injury to the owners or occupants

of the lands, dams or fixtures, along said creek. Damages

$ 2. Any person or persons making any improvements in resulting

the channel of said creek, or constructing any shoal, chute or apron in connection with any dam now made or standing thereon, shall be liable to the owner or occupant of the premises upon which said improvements or constructions shall be made, for any damage wbich may be suffered or

sustained by any such owner or occupant by reason of such Appraisal improvements or constructions. Such damages shall, in the

first instance, be ascertained by their appraisal by three commissioners to be appointed by the county judge of Saratoga county, on the application of any person entitled to and claiming such damages, on ten days' notice in writing, of the time and place of making such application being given to the opposite party by the party applying for the appointment of such commissioners. Upon the making of such appraisal, said commissioners shall all meet, and ten days' notice in writing, of the time and place of such meeting, shall be given to the party of whom damages are claimed.

S 3. The award of said commissioners shall, in all cases, be final and conclusive; and it shall not be lawful for any person or persons to use or occupy the said creek, or any part thereof, as a public highway, for the purpose of floating logs, or timber or lumber down the same, until the whole amount of the award of said commissioners shall be paid to the party or parties to whom it shall be so awarded.

Award to be final.

CHAP. 335.
AN ACT to amend the act entitled “An act to provide for

filling vacancies in office,” passed February third, eighteen
hundred and forty-nine, and in relation to removals from
office.

Passed April 12, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of "An act to provide for filling vacancies in office," passed February three, eighteen hundred and forty-nine, is hereby amended so as to read as follows:

ernor to all

When gov. $1. Whenever vacancies shall exist or shall occur in any of the offices of this state, where no provision is now made vacancy. by law for filling the same, the governor shall appoint some suitable person who may be eligible to the office so vacant or to become vacant, to execute the duties thereof until the commencement of the political year next succeeding the first annual election after the happening of the vacancy at which such officer could be by law elected ; and the person so appointed to fill such vacancy shall possess all the rights and powers, and be subject to all the liabilities, duties and obligations of such officer, as they are now or may hereafter be prescribed by law: provided, however, that when a vacancy exists in the offices of secretary of state, comptroller, treasurer, attorney-general, state engineer and surveyor, clerk of the court of appeals or canal commissioner, or a resignation has When leg. actually been sent in and accepted to take effect at a future all vacancy. day, while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such vacancy, actual or prospective; and any person appointed by the What of, goveruor by and with the advice and consent of the senate, removed by whether in case of vacancy or otherwise (except state prison resolution. inspectors), may be removed from such office by concurrent resolution of both houses of the legislature. On such removal both houses shall, by joint ballot, appoint a person to the office made vacant thereby. S 2. This act shall take effect immediately.

Ante, vol. 3, p. 34.

CHAP. 361. AN ACT authorizing supplementary proceedings for the collection of taxes.

PASSED April 12, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. When a tax exceeding ten dollars in amount, levied by the board of supervisors of a county against a resident thereof, is returned by a collector to the county treasurer uncollected, for want of goods and chattels out of which to collect the same, the supervisor of the town or the county treasurer, within one year thereafter, may apply on affidavit to the county judge of the county, and obtain an oriler requiring such person to appear and answer concerning his property. The same proceedings may in all respects be bad as in cases supplementary to execution; and the same costs and disbursements may be allowed against the defendant, but none in his favor. The tax, if collected, shall be paid over to the county treasurer, and the costs collected from the defendant shall

belong to the party instituting the proceeding. A county treasurer shall have no additional compensation for such proceeding; and a supervisor shall have no other except his per diem fees for time spent in the proceeding.

$ 2. This act shall take effect immediately, and apply to cases where returns have already been made by collectors, as well as to cases which may hereafter arise, provided that the proceeding be commenced within one year after the collector has made his return.

treating

For keeping a place, for cock

CHAP. 375.
AN ACT for the more effectual prevention of cruelty to

animals.

PASSED April 12, 1867; three-fifths being present. The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Penalty for SECTION 1. If any person shall over-drive, over-load, torture, ing, cruelly torment, deprive of necessary sustenance, or unnecessarily or animals,

cruelly beat, or needlessly mutilate or kill, or cause or procure &c. to be over-driven, over-loaded, tortured, tormented or deprived

of necessary sustenance, or to be up necessarily or cruelly beaten, or needlessly mutilated or killed, as aforesaid, any living creature, every such offender shall, for every such offense, be guilty of a misdemeanor.

$ 2. Any person who shall keep or use, or in any way be

connected with, or interested in the management of, or shall fighting, ball bait

receive money for the admission of any person to any place ing, dog

kept or used for the purpose of fighting or baiting any bull, fighting,

bear, dog, cock or other creature, and every person wbo shall encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, shall, upon conviction there

of, be adjudged guilty of a misdemeanor. For im

S 3. Any person who shall impound, or cause to be impounding

pounded in any pound, any creature, shall supply to the same, giving suff during such confinement, a sufficient quantity of good and cient food wholesome food and water, and in default thereof, shall, upon

conviction, be adjudged guilty of a misdemeanor.

$ 4. In case any creature shall be at any time impounded person may as aforesaid, and shall continue to be without necessary food feed, &ced and water for more than twelve successive hours, it shall be animal.

lawful for any person, from time to time, and as often as it shall be necessary, to enter into and upon any pound in which any such creature shall be so confined, and to supply it with necessary food and water so long as it shall remain so confined. Such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be col

&c.

animals

In what case any

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