which the master, owner or owners, consignee or consignees of any ship or vessel bringing emigrants or passengers to the city of New York, and arriving during said period, may commute for any bond or bonds authorized or required by or pursuant to the seventh section of chapter five hundred and twenty-three of the laws of eighteen hundred and fifty-one, shall be two dollars and fifty cents for each and every such passenger; and fifty cents of the amount commuted for any passenger or passengers shall be set aside as a separate fund for the benefit of each and every county in this state, except the county of New York. The commissioners of emigration shall deposit the moneys of said fund so set apart in any bank that the said commissioners may select, and the same, or as much of it as may be necessary, shall be distributed to the several counties, except the county of New York, once in every three months, and the balance that may be left after such three months' payment, shall be paid over to the commissioners of emigration for the construction and improvement of their buildings and grounds. From and after the expiration of the said two years, the amount for which such bond or bonds may be commuted shall be that established by the thirteenth section of chapter two hundred and twentyfour of the laws of eighteen hundred and fifty-three. Ante, vol. 4, p. 331. CHAP. 930. AN ACT to amend chapter four hundred and sixty-seven of the Laws of the State of New York, passed June twenty-eighth, eighteen hundred and fifty-three, entitled "An act to provide for the licensing and government of the pilots and regulating pilotage of the port of New York." PASSED May 16, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section twelve of the act entitled "An act to provide for the licensing and government of the pilots and regulating pilotage of the port of New York," is hereby amended by adding thereto the following words, viz. : Any pilot bringing in a vessel from sea shall, by himself or one of his boat's company, be entitled to pilot her to sea when she next leaves the port, unless, in the mean time, a complaint for misconduct or incapacity shall have been made against such pilot, or one of his boat's company, and proved before the board of commissioners of pilots; provided, however, that if the owner of any vessel shall desire to change such pilot, then the said commissioners may assign any other Ante, vol. 4, p. 79. Rebuilding, etc., locks on canals. In what case there may be. removal of location. Tax for improvement. To what credit to be paid. Tolls. CHAP. 934. AN ACT to secure the navigation of the Oneida Lake canal, and to provide for the payment of the expenses thereof. PASSED May 16, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The canal contracting board are hereby required and directed to open the navigation of the Oneida Lake canal, by rebuilding and enlarging the locks on the same, and also enlarging the prism of said canal. It is, however, expressly provided that if, in the opinion of the said board, it shall be inexpedient to so open the old line of said canal by reason of quicksand underlying the same, or from any other cause, it shall then be lawful for said board to remove the location of said canal, in whole or in part, to such point as shall in their judgment be for the best interests of the state, and to secure permanent navigation; provided, however, that such change of location or new line shall not exceed in length the present line, or render an increased number of locks necessary. § 2. There shall be imposed for the fiscal year, commencing on the first day of October, eighteen hundred and sixty-eight, in addition to any other tax levy for the same year, a tax of one-fifth of one mill on each dollar of the valuation of the real and personal property taxable in this state, to be assessed, levied and collected upon and by the annual assessments and collection of taxes for said fiscal year, in manner prescribed by law, to be paid by the county treasurers respectively into the treasury of this state, to be there received, held and applied to the objects and purposes named in this act. 3. The whole tax levied and collected under the second section of this act shall be paid into the treasury of the state to the credit of the canal fund, and is hereby appropriated and shall be applied as follows: For the payment of the cost of such rebuilding or change of location as specified in the first section of this act. § 4. All boats and freights passing over the waters of the Oneida lake, to or from any point except those situate on said lake, shall pay the same toll per mile as is charged on the canals of this state; but nothing in this act contained shall be taken or held to authorize the imposition of tolls on any other lake of this state. ment and work. 85. The work authorized by this act shall be duly adver- Advertisetised and awarded to the lowest bidder; provided, however, award of that the aggregate amount of said lowest bid or bids shall not in amount exceed the sum authorized to be levied and appropriated by this act for the construction of said work; also provided, that said bids are accompanied with good and sufficient sureties, to be approved by said board, that the party receiving said work will complete the same according to the terms of the contract; and also provided further, that the tax provided for by the second section of this act shall not be levied and collected until the work contemplated and authorized by this act shall have been let by the canal contracting board, in accordance with the provisions and subject to the restrictions of this fifth section of said act. creek $6. A change of the location of said canal, in whole or in Oneida part, shall not be deemed or considered as a release or aban- feeder. donment by the state of the ownership of the Oneida creek feeder, but said feeder shall be maintained, and all the waters thereof taken into the Erie canal. moneys in tax. 87. The commissioners of the canal fund and the comp- what troller are hereby authorized to invest in said tax any moneys may be in their control, or in the control of either said commissioners invested or said comptroller, belonging to either of the sinking funds. And so much of the moneys arising from said tax as may be necessary shall be applied to reimburse the said sinking funds for the amounts invested in said tax, and for the interest thereon, not exceeding five per cent per annum from the time of investment to the day of payment. All the moneys thus obtained shall be applied, and the same are hereby appropriated, to pay for the work authorized by this act, and shall be paid for such purpose by the treasurer, upon the warrant of the auditor of the canal department, as required. case tax $8. In case it shall become lawful by any change in the In what constitution, before the said tax shall have been levied and not to be collected, to borrow on the credit of the state the moneys, or levied. any part thereof, necessary for the payment of the work authorized by this act, or the reimbursement of any funds. authorized to be used for the purpose of this act, or in case funds ample for such object shall be otherwise provided and appropriated before the time aforesaid, for levying the said tax, then the said tax, or so much thereof as shall thus be otherwise provided for, shall not be levied and collected. 9. This act shall take effect immediately. 27 CHAP. 936. AN ACT to amend chapter one hundred and fifteen of the laws of eighteen hundred and sixty-five, in regard to Hell Gate pilots. PASSED May 17, 1867 The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section six of chapter one hundred and fifteen of the laws of eighteen hundred and sixty-five, entitled "An act to amend chapter sixty-four of the laws of eighteen hundred and sixty, entitled 'An act concerning the pilots of the channel of the East river, commonly called Hell Gate,' passed April fifteenth, eighteen hundred and forty-seven, as amended by act passed March twelfth, eighteen hundred and sixty," is hereby amended by striking out the word "three," whenever the same occurs in said section, and inserting, instead thereof, the word "six." Ante, vol. 6, p. 447. § 2. This act shall take effect immediately. CHAP. 937. AN ACT to enable companies or corporations, organized under any general law, to extend the term of their existence. PASSED May 17, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any company or corporation heretofore formed under any general law of this state, at any time within three years of the expiration of its term of existence, may extend the term of existence of such company or corporation beyond the time mentioned in the original articles of association or certificate of incorporation, by the consent of the stockholders owning two-thirds in amount of the capital stock of such company or corporation, in and by a certificate to be signed by such stockholders, and acknowledged or proved, so as to enable them to be recorded, which certificate shall be filed in the office of the secretary of state, and in the office of the clerk of the county in which its original certificate or articles of association, if any, are filed or recorded; and the said secretary of state and the clerk of such county shall, upon such filing, record the same in the books kept in their respective offices for the record of articles of association, and make a memorandum of such record in the margin of the original articles of association, in such book, and thereupon the time of existence of such company shall be extended, as designated in such certificate, for a term not exceeding the term for which said company or corporation was organized in the first instance. § 2. This act shall take effect immediately. CHAP. 943. AN ACT in relation to the working of mines reserved to the State, and to the use and occupation of lands for such purpose. PASSED May 21, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: enter upon purpose of SECTION 1. In all cases in which a person or persons shall Power to have discovered a mine or mines, and become entitled to lands for work the same pursuant to title eleven, chapter nine, part working first of the Revised Statutes, and such person or persons shall mines. form a corporation pursuant to chapter forty of the laws of eighteen hundred and forty-eight, and the several acts subsequent thereto and amendatory thereof, if the consent in writing to enter upon and break up the lands of any person in or upon whose lands said mine or mines are found shall be refused, or cannot be obtained by agreement, or by reason of the infancy or the absence of such person from the state, or other legal disability of the owner of such lands, the said corporation so formed may enter upon and break up the lands of such person for the purpose of working such mine or mines in the manner hereinafter provided; and the right and easement so to do shall be deemed granted for public use, and for the public purpose of obtaining minerals reserved to the state; and the said right and easement are hereby granted to the corporation so formed, on their filing with the commissioners of the land office a full description of the location of such land and obtaining a grant thereof from said commissioners, who are hereby authorized to make such grant and file the terms thereof. and ap of commis to fix 2. The said company entitled to work such mines may Filing of file a petition in the supreme court of the state, setting forth petition the facts upon which they claim such right, and the reasons pointment which prevent their entering upon the land necessary for their sioners mining operations; and upon such petition the court may damages. appoint three disinterested persons as commissioners to examine into the matter, ascertain and fix the damages aforesaid, and report to the court. Notice of the filing of such petition shall be published in one of the papers printed in the county, or in each of the counties where the mine or mines are situated, and in the state paper, and a copy of such notice shall be served personally upon the owners of the land, or, if they |