Offending party liable criminally. CHAP. 209. AN ACT to amend the act entitled "An act to prevent and punish fraud in the use of false stamps, brands, labels or trade-marks," passed April seventeenth, eighteen hundred and sixty-two. PASSED April 23, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The third section of the act entitled "An act to prevent and punish frauds in the use of false stamps, brands, labels or trade-marks," passed April seventeenth, eighteen hundred and sixty-two, is hereby amended so as to read as follows: § 3. Any person who shall vend or keep for sale any goods, civilly and merchandise, mixture or preparation, upon which any forged or counterfeited stamps, brands, imprints, wrappers, labels or trade-marks shall be placed or affixed, and intended to represent the said goods, merchandise, mixture or preparation as the genuine goods, merchandise, mixture or preparation of any other person or persons, knowing the same to be counterfeit, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars in each case so offending, and shall also be liable in a civil action to the person or persons whose goods, merchandise, mixture or preparation is counterfeited or imitated, or whose stamps, brands, imprints, wrappers, labels or trade-marks are forged, counterfeited, placed or affixed, for all damages such person or persons may or shall sustain by reason of any of the acts in this section mentioned, and may be restrained or enjoined by any court of competent jurisdiction, from doing or performing any of the acts above mentioned. Penalty to party Injured. $ 2. The fourth section of the said act is hereby amended by adding thereto the following words: "And shall also be liable to the party aggrieved, in the penal sum of one hundred dollars for each and every offense, to be recovered by him in any court of law in this state. $3. This act shall take effect immediately. Ante, vol. 2, p. 672. CHAP. 212. AN ACT to amend the act entitled "An act to facilitate the service of process in certain cases," passed June thirtieth, eighteen hundred and fifty-three. PASSED April 23, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows : soldiers in § 1. The act entitled "An act to facilitate the service of officers and process in certain cases," passed June thirtieth, eighteen hun- the army dred and fifty-three, is hereby amended by adding thereto the proceeded following: "But (except in partition cases or actions or proceedings where no personal claim is made against any person included in the classes or description hereinafter mentioned), none of the provisions of this act shall be deemed applicable to or in anywise relate to officers, soldiers or musicians while actually absent from their town or place of residence, and actually engaged in the army or military service of the United States, nor to any sailor or marine actually absent from his place of residence, and actually engaged in the naval service of the United States; and, except in partition cases and cases where no personal claim is made, as aforesaid, no order shall be allowed by any court, justice or judge, under the provisions of this act, directing the service of any summons, order, notice, or other process, as above provided, unless at the time of making the application for such order the applicant for such order shall show to the satisfaction of said court, justice or judge, by affidavit, that the defendant against whom such order is desired, is not an officer, soldier or musician actually absent from his place of residence and actually engaged in the army or military service of the United States, nor a sailor or marine actually absent from his place of residence and actually engaged in the naval service of the United States, or shall so show that the action is one for the partition of real estate, or shall so show that no personal claim is made in the action against the defendant against whom such order is Bought." $2. This act shall take effect immediately. Ante, vol. 4, p. 598. not to be against. Bridge authorized. Commissioners. Audit of accounts. Payment of same. Amount ap CHAP. 219. AN ACT making appropriation to complete a bridge across the Sacandaga river at Northville, in the county of Fulton. 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: $1. The sum of twelve hundred dollars is hereby appropriated to build a stone pier and complete a bridge across the Sacandaga river at or near Northville, in the town of Northampton, in the county of Fulton. $2. William F. Barker, John Houseman and Albert Moore, are hereby appointed commissioners to superintend the work on said bridge. $3. The supervisors of the towns of Mayfield, Broadalbin and Johnstown, are hereby appointed a committee to examine the accounts of the said commissioners, and certify to the treasurer the amount expended by them. S4. The treasurer is hereby authorized and directed to pay, on the order of the said commissioners, the sum so certified. by the said committee as having been faithfully and judiciously expended by the said commissioners in completing said bridge and pier, a sum not exceeding twelve hundred dollars. § 5. This act shall take effect immediately. CHAP. 222. AN ACT to provide and repair arms and equipments of the militia of the state, and for the public defense. PASSED April 24, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The moneys unexpended of the five hundred thousand propriated dollars appropriated by the first section of chapter two hundred and ninety-two of the Laws of eighteen hundred and sixty-one, including the sum of one hundred and ninety-one thousand two hundred and eighty-eight dollars and forty cents, received by this State from the United States, in payment for Enfield rifles, and so much in addition thereto as shall make the sum of five hundred thousand dollars, are hereby appropriated for the purposes hereinafter specified. How expended. S2. The said sum hereby appropriated may be expended under the direction of the Commander-in-chief, lieutenantgovernor, secretary of state, attorney-general and comp troller in such manner as they shall deem most appropriate for the purpose of effectually arming the militia of the state, and providing for the public defense. § 3. The arms, equipments and munitions of war procured or repaired by authority of this act shall be distributed in such manner as the commander-in-chief shall deem best for the interest of the militia service of the state. Distribu tion of arms, etc. er-in-chief $ 4. The commander-in-chief shall report to the next legis- commandlature, at the opening thereof, or as soon thereafter as may to report to be, all his acts and proceedings under and by virtue of this legislature. act. ants of regi companies bond. $5. In the distribution of the arms and equipments and Commandmunitions of war, procured by virtue of this act, the com- ments and mander-in-chief shall require of the the commandents of com- to give panies or regiments to whom they shall be distributed, such security for the safe keeping and preservation as may be necessary, in his judgment, for that purpose, which security shall be a bond to the people of this state, with such sureties and to such amount as the commander-in-chief shall approve, conditioned for the safe keeping and preservation of such arms, equipments and munitions of war, and the return thereof to the arsenals of the state, whenever such return shall be ordered by the commander-in-chief. Such bond shall be filed in the office of the adjutant-general of the state. $6. It shall be the duty of the inspector-general to ascer- Inspectortain and report specially at every session of the legislature, at report to the opening thereof or as soon thereafter as may be, the number and condition of the arms, equipments and munitions of war procured under and by virtue of this act, in addition to the reports now required by him to be made. general to legislature provision. $7. But no portion of the moneys appropriated by this act Prohibitory shall be paid from the state treasury, except it be for arms, equipments and munitions of war, actually purchased or repaired and delivered to the proper officers, by the direct order of the commander-in-chief, lieutenant-governor and comptroller, and for such other purposes connected with the public defense as they may approve, accompanied by proper Vouchers. And such expenditure shall be paid for, only upon the certificate of the commander-in-chief, lieutenantgovernor and comptroller, by the warrant of the comptroller, drawn upon the state treasurer. 58. This act shall take effect immediately. Governor may appoint agents. Governor may ap. point surgeons. $200,000 appropriated. Comptrol ler to pay accounts on order of governor. CHAP. 224. AN ACT to provide additional means of relief for the sick and wounded soldiers of the State of New York in the United States service. PASSED April 24, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. The governor of this state is hereby authorized to appoint suitable persons as agents of the state, whose duty it shall be to provide additional means of relief for sick, wounded, furloughed and discharged soldiers of this state, who shall have been, are now or may hereafter be engaged in the United States service, while being transported to and from their homes; to ascertain the names and condition of all patients belonging to this state, in the United States hospitals, within such limits as the governor may designate; to keep a register of the same, and to furnish information to all who make inquiry concerning them; to facilitate the removal of the bodies of deceased soldiers to the friends of such deceased, when such action is desired, and to perform such other duties for the relief of the sick and wounded soldiers of this state as the governor may designate and require; to make reports to the governor of his or their transactions and expenditures, with vouchers duly verified on oath. The compensation of said agents to be fixed by the governor. $ 2. The governor may appoint such number of surgeons, or other agents, as from time to time may be required, for the care, comfort or removal of the sick and wounded soldiers belonging to the state of New York. The compensation of such agents shall be commensurate with the services rendered and to be fixed by the governor. 3. The sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying this act into effect, and the same shall be paid out of any moneys in the treasury not otherwise appropriated, to be paid on the order of the governor, and disbursed under his directions, for the purposes aforesaid; the governor to account to the comptroller for the money that shall be expended in pursuance of this act. S 4. The comptroller of this state, on the order of the governor, is hereby authorized and directed to pay such accounts for services rendered, or disbursements made under this act, as, after being verified on oath, and audited in the same manner as other military accounts, shall be approved by the goveruor, and he is further authorized, on the written order of the governor, to place in the hands of the agents of the state such sums of money as may be required to meet the foregoing |