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are infants, upon their guardians, or, if lunatics or under any other legal disability, on the committee having charge of them and their property. And the publication of such notice in the state paper shall be deemed a sufficient notice to such owners as are residents in other states or in other countries, or are temporarily absent from the state, provided that when the actual residence of such absentees is known or can be ascertained, a copy of such notice and petition shall be sent them by mail. All the parties interested shall be entitled to a hearing before such commissioners, at such time or times as said commissioners shall appoint. The report of the commissioners shall state:
1. The existence of the mine or mines proposed to be worked.
2. The names of the parties owning the land in which the mine or mines are situated, and the owners of the adjacent lands, so far as they are affected by the application, and the nature and value of their interest in the same individually. A map of such lands, from actual survey by metes and bounds, shall accompany the report.
3. An estimate of the damages to such owners from the contemplated use and occupation of their lands.
4. Such other information as the court may direct.
$ 3. The report of the commissioners shall be made within a reasonable time, to be fixed by the court. An order shall be made, in the discretion of the court, either denying the petition or granting it, and determining the quantity of land necessary for working the mine or mines, the damages to property by taking possession thereof, and the annual rent or the compensation to be paid to the owner, lessee or occupant thereof so long as the use and occupation shall continue. And thereupon the company in whose favor the order shall be made, upon payment of the damages and upon entering into an agreement, to be approved by the court, to pay the annual rent or the compensation and damages thus determined, shall have the right to enter upon and occupy and use the land set apart by such order, so long as they or their assignees shall work the said mine or mines and shall pay the said annual rent or compensation.
§ 4. If the parties owning the land are infants or otherwise incompetent to act, the court shall appoint guardians to take care of their interests, and shall direct how any damages assessed, or compensation or rents to become due, shall be paid and invested for their benefit.
$5. This act shall take effect immediately,
Report of commissioners, etc.
Order denying or granting petition.
Commissioners of Public Charities, and defining their
Passed May 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. Within thirty days after the passage of this act Number of the governor, by and with the consent of the senate, shall sioners. appoint eight persons, one residing in each judicial district of the state, to be called and known as the board of state commissioners of public charities.
$ 2. One of the persons so appointed shall hold his office Terms of for one year, one for two years, one for three years, one for four years, one for five years, one for six years, one for seven years and one for eight years, as indicated by the governor on making the nominations; and all appointments thereafter, except to fill vacancies, shall be made for eight years.
$ 3. Before entering upon their duties, the said commis- Office. sioners shall respectively take and subscribe to the constitutional oath required of other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. The said commissioners shall have power to elect a president out of its own number, and such other officers and agents as it may deem proper, and to adopt such by-laws and regulations for the transaction of its business and the management of its affairs as it may consider expedient.
$ 4. The said commissioners shall have full power at all Powers times to look into and examine the condition of the several ties. institutions which they may be authorized by this act to visit, financially and otherwise ; to inquire and examine into their methods of instruction, and the government and management of their inmates; the official conduct of trustees, directors and other officers and employees of the same; the condition of the buildings, grounds and other property connected therewith, and into all other matters pertaining to their usefulness and good management; and for these purposes they shall have free access to the grounds, buildings and all books and papers relating to said institutions; and all persons now or hereafter in any manner connected with the same are hereby directed and required to give such information and afford such facilities for inspection as the said commissioners may require; and any neglect or refusal, on the part of any officer or person connected with such institution, to comply with the requirements of this section, shall subject the offender to a penalty of two hundred and fifty dollars, to be sued for and collected by the said commissioners, in their name of office.
tation of commissioners.
$ 5. The said commissioners, or some one of them, are tions ; visi- hereby authorized and required, at least once in each year,
and as much oftener as they may deem necessary, to visit all the charitable and correctional institutions of the state, excepting prisons, receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically or judiciously expended; whether the objects of the several institutions are accomplished; whether the laws in relation to them are fully complied with ; whether all parts of the state are equally benefited by said institutions, and the various other matters referred to in the fourth section of this act; and report in writing to the legislature, at the opening of each annual session of the same, the result of their investigations, together with such other information and recom
mendations as they may deem proper. Inquiring
$ 6. The said commissioners, or some or one of them, shall dition of also, at least once during the first two years of their appoint
ment, and also at least once during each two years thereafter, visit and examine into the condition of each of the city and county alms or poor-house, and shall possess all the powers relative thereto, as mentioned in the fourth section of this act; and shall report to the legislature, in writing, the result of their examination, in connection with the annual report above mentioned.
$7. Whenever any charitable or correctional institutions, subject to the inspection herein provided for, require state aid for any purpose other than their usual expenses, the said commissioners, or some one of them, shall inquire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount which will be required to accomplish the desired object, and into any other matters connected therewith; and in the annual report of each year they shall give the result of such inquiries, together with their own opinions and conclusions relating to the whole subject.
$ 8. The said commissioners, or any one of them, are hereby authorized to administer oaths and examine any person or persons in relation to any matters connected with the inquiries authorized by this act.
$9. The said board of commissioners shall have power and they are hereby authorized to appoint a clerk, who shall hold his office during their pleasure, with a salary not exceeding fifteen hundred dollars per annum, who shall, when required, act as an accountant, from time to time, as they may have occasion to investigate the financial or other affairs of any of the institutions affected by this act, or the accounts or official conduct of any of their officers; and when acting as such accountant, he shall, in addition, be allowed his actual traveling expenses.
State aid; inquiry into.
Clerk of commissioners.
attend on legislature
$ 10. The trustees of the capitol, or in case of their ina- Room for bility, the trustees of the new state hall, shall assign to the dation of said board a suitable room for their accommodation.
§ 11. The said commissioners, or some or any one of them, When shall attend upon the sessions of the legislature whenever any sioners to committee of either house shall require their attendance.
$ 12. The said board of commissioners shall be furnished Blank by the comptroller with journal, account books, blanks and who to stationery.
furnish. $ 13. The said commissioners shall receive no compensation Commis for their time or services, but the actual expenses of each one be paid exof them, while engaged in the performance of the duties of penses. their office, and any actual outlay for any necessary aid or assistance required in examination or investigation, on being made out and verified by the affidavit of the commissioner making the charge, shall be paid quarterly by the treasurer, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, and the clerk of the board shall be paid in like manner.
§ 14. No member of the board of said commissioners shall Not to be be, directly or indirectly, interested in any contract for build- in coning, repairing or furnishing any of the institutions which by this act they are authorized to visit and inspect, nor shall any trustee or other officers of any of the institutions embraced in this act be eligible to the office of commissioner hereby created.
S 15. This act shall take effect immediately.
nine of the Laws of eighteen hundred and sixty-five,
PASSED May 24, 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 sixty-two of article five of title three Cartiers, of chapter one of part four of the Revised Statutes is hereby amended so as to read as follows:
$ 62. If any carrier or other person to whom any goods, money, right in action or any valuable personal property or effects shall have been delivered to be transported or carried for hire shall, without assent of his employer, take, embezzle or convert to his own use, or make way with or secrete with intent to embezzle or convert to his own use such goods,
money, right in action, property or effects, or any of them in the mass as they were delivered, without breaking the trunk, box, pack or other thing in which they or any of them shall be contained, and before delivery of such articles at the
place or to the person entitled to receive them, he shall, on How pun- conviction, be punished in the same manner as if he had
taken, embezzled, converted or secreted such goods or other personal property, after breaking the trunk, box, pack or other thing containing the same, or after separating any of them from the others. And if any carrier or other person who shall have received any advance for the cost or price of freight upon any property received or to be received for transportation or carriage, or who shall have received any advance
for the payment of tolls or for the payment of any other pubEmbezzle- lic or private charge upon the right of transit shall, without advances the assent of the person making such advance, and with in
tent to defraud such person, convert or apply the said advance
Ante, vol. 6, p. 582.
or loss of freight, etc.
and to the duties and powers of the commissioners of
PASSED May 25, 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 metropolitan board of health shall hereafter have the power of electing persons to perform, pro tempore, the duties of secretary or president respectively, during any time when either of said officers may be absent, or be unable or may refuse to perform their respective duties ;
and the board may designate one of the clerks in the secreto certifik tary's office of said board as “chief clerk," who may perform
such duties of the secretary as shall be assigned him ; and papers certified by the said chief clerk shall be of the same effect, as evidence and otherwise, as if certified by the secretary; and all courts shall take judicial notice of the seal of said board and of the signature of its secretary and chie? clerk.
Courts to take judicial notice.