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$ 12. Section forty-five of chapter three hundred and fiftyeight of the laws of one thousand eight hundred and sixtythree, is hereby amended by striking out the word “February" therefrom, and inserting the word “January” in place thereof.
Ante, vol. § 13. So much of chapter seven hundred and fifty-one of the laws of one thousand eight hundred and sixty-six, as is inconsistent with the provisions of this act, is hereby repealed.
$ 14. Section thirty-nine of chapter three hundred and fifty-eight of the laws of one thousand eight hundred and sixty-three is hereby amended so as to read as follows:
$ 39. An appeal to the board of appeal must be made by Appeal to serving upon the health officer a written notice of such appeal appeal. within twelve hours (Sundays excepted), or within such further time as shall be allowed by the commissioners of quarantine, after the appellant receives notice of the order, decision or direction, complained of. Within twelve hours after the health officer receives such notice (Sundays excepted), he shall make a return in writing, including the facts on which his order, decision or direction was founded, 'to the president of the board of commissioners of quarantine. Upon receipt of such return, or in case no return shall be made within the time aforesaid, lie shall immediately call a meeting of the board of appeal, and said appeal shall be heard and decided within twenty-four hours thereafter (Sundays excepted); and until such decision be made, the order, decision or direction complained of, except it refer to the detention of a vessel, her cargo or passengers at quarantine, shall be suspended. The forty-sixth section of said chapter is also hereby amended by striking out the words or the health officer of the port of New York,' and the words or health oflicer,' whenever they occur in that section.
Ante, vol. 6, p. 120.
eighteen hundred and sixty, entitled “ An act in rela-
PASSED April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Sections one and two of the act entitled “ An act in relation to the cutting of ice in the Hudson river,"
passed February eleventh, eighteen hundred and sixty, are hereby amended so as to read as follows:
§ 1. All persons and incorporated companies cutting ice in,
or removing the same from the waters of the Hudson river, Additional in this State, and the tide waters of the Rondout and Catskill
creeks, are hereby required to surround the cuttings and openings made by them, or their employees, with a fence of bushes or other guards, at least four feet in height above the surface of the ice, sufficient to warn all persons of such cuttings and openings; such bushes and guards shall be erected at or before the time of commencing such cuttings and openings, and shall be maintained and kept up by such persons or incorporated companies until ice shall have again formed in such cuttings and openings to the thickness of at least six inches. And if said cuttings and openings shall extend across said river or creek, or so as to obstruct the travel thereon, such person or persons shall erect and maintain a suitable bridge for the safe and convenient passage of loaded and other teams across such cutting and opening, and keep the same in good order until ice shall have again formed in such cutting and opening to the thickness of six inches, and shall protect the sides of said bridge, and all other parts of said cutting or opening, with fences or guards as herein above stated.
§ 2. Any person violating any of the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof, shall be imprisoned in the county jail for the period of not less than five, nor more than thirty days; or be fined a sum not less than ten, or more than one hundred dollars, or by both such fine and imprisonment. And justices of the peace, police justices, and all other officers having jurisdiction in cases of misdemeanor in any town, city or county adjoining said river or creeks, on either side, opposite or adjacent to a place where any offense under this act shall be committed without reference to any town, city or county line running in said river or creeks, shall have jurisdiction to apprehend, hold, examine, try, convict and punish any such offender the same as if such offense had been committed in the town, city or county where such officer shall reside. $ 2. This act shall take effect immediately.
Ante, vol. 4, p. 62.
Penalty for offenses,
laws of eighteen hundred and forty-eight, entitled “ An
Passed April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The second section of chapter one hundred and ninety-five, laws of eighteen hundred and forty-eight, passed April seventh, eighteen hundred and forty-eight, is hereby amended so as to read as follows:
To entitle any conveyance or written instrument, acknowl- What is needged or proved under the preceding section, to be read in entitled evidence or recorded in this state, there shall be subjoined or to be read attached to the certificate of proof or acknowledgment, signed by such officer, a certificate, under the name and official seal of the clerk, register, recorder or a prothonotary of the county in which such officer resides, or the clerk of any court thereof, having a seal, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder or prothonotary is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genuine.
S 2. This act shall apply to all conveyances or written instruments heretofore proved or acknowledged and recorded, or to which a certificate has been subjoined or attached, as provided by this act, but shall not affect any litigation now pending S 3. This act shall take effect immediately.
Ante, vol. 4, p. 440.
act for the supply of water for the State Lunatic Asylum
Passed April 22, 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 six and seven of the act entitled “An act amending the act for the supply of water for the State
to have con
lunatic asylum, from the Chenango canal,” passed April
amended so as to read as follows:
the water discharged from said levels and locks for the pur-
sary, and which may be required by said managers, for the Objects of supply of said asylum with water and ice as aforesaid ; proprivilege,
vided always that the said managers in all their acts in referConditione ,ence to said levels, and locks, and water, shall be at all times
subject to the direction and control of the acting commissioner Penalty for having charge of said canal; and that nothing shall be done
or permitted by said managers, which shall obstruct or inter-
$ 2. This act shall take effect immediately.
of its posression.
the incorporation of insurance companies,” passed April
PASSED April 23, 1867.
SECTION 1. The tenth section of the “ Act to provide for the incorporation of insurance companies," passed April tenth, eighteen hundred and forty-nine, is bereby amended by adding at the end of said section the following words:
“But any mutual company that heretofore has been, or hereafter may be organized under this act, may issue policies, providing that the assured in such policies shall not participate in the profits of such company, and that in lieu of scrip
the said company may stipulate for and take a net premium, or may make a cash deduction from the premiums paid on such non-participating policies, though such mode and manner of doing business may not be declared in the charter of such company."
S 2. Any company organized under a special charter may avail itself of the privileges granted under the preceding section, anything in its charter contained to the contrary notwithstanding. $ 3. This act shall take effect immediately.
Ante, vol. 4, p. 207.
CHAP 577. AN ACT to amend an act entitled “ An act to enlarge the powers and define the duties of the Contracting Board,” passed March fourteenth, eighteen hundred and fifty
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. Whenever any member or members of the canal Appeal to board shall for any cause be dissatisfied with the award made by said board of a contract for the repairs of the canals under canal tund. the act hereby amended, he or they may, within five days after said award shall bave been made, appeal thereupon to the commissioners of the canal fund, and the said commis- Hearing of sioners shall, within ten days after filing notice of such appeal with the secretary of the said commissioners at the canal department, proceed to hear and determine the matter involved in the said appeal, and the determination and decision of the Decision to said commissioners, if in accordance with law, shall be bind-be buding, ing upon the contracting board ; which decision and determination of the said commissioners of the canal fund shall be certified and served upon the clerk of the said contracting board, within two days after the same is made.
$ 2. Every proposer to whom a contract for repairs may United hereafter be awarded shall, within such reasonable time as Stands to be shall be determined by the auditor of the canal department, depositor! deposit with said auditor United States bonds for six thousand dollars, bearing not less than five per cent per annum interest, and which do not mature before the proposer's awarded contract shall expire, in lieu and place of the certificate of deposit tendered with the said proposal, which bond shall be beld by the commissioners of the canal fund as security, in trust, for the performance of the contract; and if the said contract shall in all things be well and faithfully performed by the contractor, and shall be fully accepted and to the sat