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ine the said lands, in the above mentioned newspapers for three weeks, once in each week, prior to the time of such meeting, and the said hearing may be adjourned from time to time, as the said commissioners may for any cause deem necessary. ..

$ 6. A reasonable allowance for the services of said commissioners not exceeding five dollars per day for the time actually and necessarily spent by them respectively in making said estimate; and all necessary disbursements, to be verified by their oaths and to be andited by the comptroller, shall be paid to them out of any moneys in the hands of the treasurer not otherwise appropriated.

$ 7. This act shall take effect immediately.

CHAP. 297.
AN ACT to amend an act entitled “An act to authorize

the Canal Commissioners to construct a road bridge
on the Erie canal in the village of Cohoes,” passed April
17, 1858.

Passed April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Section first of the act entitled “ An act to authorize the canal commissioners to construct a road bridge over the Erio canal in the village of Cohoes," passed April seventeenth, eighteen hundred and fifty-eight, is hereby amended so as to read as follows :

$ 1. The canal commissioners are hereby authorized to construct, or cause to be constructed and maintained, at the expense of the state, over the Erie canal in the village of Cohoes at or near the intersection of White street, a road bridge, in such manner as they may deem advisable, and that the expense of the same be paid from any money appropriated to repairs of the Erie canal, provided that after investigation and examination into all the facts in relatiou to the application for said bridge, the board of canal commissioners shall be of opinion that the state is under legal and equitable obligation to build said bridge. And provided, further, that before proceeding to the construction of any such bridge, the canal commissioners shall require and receive a full and sufficient release, legally executed, acknowledged and delivered, free of expense to the state, of all claims for damages in consequence of the construction of said bridge, or of the approaches and embankments of the same, and also a good and sufficient grant or permission to the state, duly executed

acknowledged and delivered as aforesaid, to alter, raise or change such bridge, approaches or embankments whenever necessary, which necessity is to be determined by the caval commissioners, from all persons whose property, rights or interests may be affected by such bridge, approaches or embankments. The said canal commissioners shall enter, or cause to be entered, in a book of records to be kept in their office, all the testimony and facts appearing upon the investigation and examination above referred to, and their determination thereon, whether such determination be favorable or adverse to such application.

reby app to wit, of su

For repairs and

| CHAP, 310. AN ACT to appropriate the remainder of the canal reve

nues at the close of the fiscal year one thousand eight hundred and sixty-three.

Passed April 29, 1863; 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 four hundred and seventy-five thousand dollars of the remainder of the surplus revenues of the state canals, to be ascertained under the third section of the seventh article of the constitution of this state, at the close of the fiscal year one thousand eight hundred and sixty-three, shall be and the same are hereby appropriated and applied to the following objects and purposes, to wit:

1. For the payment of the expenses of such extraordinary Hour repairs repairs and improvements of the completed canals of this improve state as may be recommended by the canal commissioners and directed by the canal board in accordance with existing laws relating to this subject, the sum of one hundred and fifty thousand dollars, which sum shall be expended and applied in equal portions, as near as it can be done, upon and to each of the three divisions of the said canals as now constituted and arranged. And the sum of one hundred thousand dollars to be used, if necessary, on the western division of the Erie canal, to remove the earth from the bottom and sides of said canal and as contemplated in the original plan of enlargement.

2. For the payment of awards for canal damages, made by For canal the canal appraisers and the canal board during the year eighteen hundred and sixty-one, with the interest thereon at the rate of six per cent per annum from and after pinety days. from the date of such awards, to the time when the auditor of the canal department shall give notice in the state paper that funds have been provided to pay such awards and inter

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est, the sum of two hundred and twenty-five thousand dollars, or so much thereof as may be necessary for the above objects.

$ 2. No moneys shall be expended or paid under and in virtue of the appropriations made by this act, before the first day of October next, and if on that day there shall not be any remainder or surplus revenues in the treasury from which the above appropriations can be paid, then this act shall be of no effect whatever, but if such remainder shall amount to the sum of two hundred and twenty-five thousand dollars, or any less sum, then the same shall be appropriated and applied to the payment of awards for canal damages made by the canal appraisers and canal board during the year eighteen hundred and sixty-one, provided and specified in the second section of this act.

For tempo

CHAP. 311.
AN ACT to appropriate a part of the remainder of the

canal revenues.

PASSED April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The sum of six hundred and eighty thousand dollars, being a part of the remainder of the surplus revenues of the state canals, ascertained under the third section of the seventh article of the constitution, on the thirtieth day of September last, shall be and the same is hereby appropriated and applied to the following objects and purposes, to wit:

l. For the payment of the temporary loan contracted for rary loan. canal purposes, under section ten of article seven of the con

stitution, falling due on the first day of October next, the sum

of two hundred thousand dollars. Engineer 2. For the payment of engineering expenses of a survey

and estimate to be made by the state engineer and surveyor under the advice and direction of the canal board of the cost of constructing one tier of locks on the Erie and Oswego canals twenty-six feet wide in the chamber and two hundred and twenty-five feet in length between the gates, the sum of twenty-five thousand dollars, or so much thereof as may be necessary.

3. For the payment of such extraordinary repairs and improvements of the canals of this state, together with the reservoirs, feeders and other mechanical structures connected therewith, as may be recommended by the canal commissioners and directed by the canal board, pursuant to existing laws relating thereto, the sum of three hundred and eigbty thousand dollars, which sum shall be expended upon the three

Ing expenses.

Repairs and Improvements.

Canal damages.

divisions of the canals, as follows: one hundred and twenty thousand dollars upon the eastern division, one hundred and thirty-five thousand dollars upon the middle division, and one bundred and twenty-five thousand dollars upon the western division.

4. For the payment of awards for canal damages, made by Canal the canal appraisers and the canal board, during the year one thousand eight hundred and sixty-one, with the interest thereon at the rate of six per cent per annum from and after ninety days from the date of such awards to the time when the auditor of the canal department shall give notice in the state paper that funds have been provided to pay such awards and interest, the sum of seventy-five thousand dollars, or so much thereof as may be necessary.

S 2. This act shall take effect immediately.

CHAP. 315.
AN ACT to amend the act in relation to Savings Banks.

PASSED April 29, 1863. The People of the State of New York, represented in Senate and Assembly, clo enact as follows :

$ 1. It shall be lawful for the trustees of savings banks and May loan on institutions for savings to loan the funds of such banks and county institutions on the bonds of coumties and cities of this state, authorized to be issued by the legislature: provided that by the terms of the act authorizing such issue provision be made for the payment of such bonds by tax for that purpose. § 2. This act shall take effect immediately.

Ante, vol. 4, p. 194.

city and

bonds.

Ante

CHAP. 325. AN ACT to provide for the care and education of indigent deaf-mutes under the age of twelve years.

Passed April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do cnact as follows :

$ 1. Whenever a deaf-mute child, under the age of twelve to be sent years, shall become a charge for its maintenance on any of to the towns or counties of this state, or shall be liable to become such charge, it shall be the duty of the overseer of the poor of such town, or of the supervisors of such county, to place such child in the New York institution for the deaf and dumb.

to Asylum,

counties Charge for

come such

cation of parent.

Expense, & county charge.

The on appli- S 2. Any parent, guardian or friend of a deaf-mute child

within this state, over the age of six years and under the age of twelve years, may make application to the overseers of the poor of any town, or to any supervisor of the county where such child may be, showing, by satisfactory affidavit, or other proof, that the health, morals or comfort of such child may be endavgered, or not properly cared for; and, thereupon, it shall be the duty of such overseer or supervisor, if satisfied that the parents or natural protectors of such child are, or such child is, in iudigent circumstances, to place such

child in the New York institution for the deaf and dumb. & S 3. The children placed in said institution, in pursuance

of the foregoing sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed one hundred and fifty dollars each per year, until they attain the age of twelve years, unless the directors of said institution shall find, as to any such child,

that it is not a proper subject to remain in said institution. To be raised $ 4. The expenses for the board, tuition and clotbing of

such deaf-mute children, placed as aforesaid in said institution, not exceeding the amount of one hundred and fifty dollars per year above allowed, shall be raised and collected, as other expenses for the support of the poor of the county from which such children shall be received ; and the bills therefor, properly authenticated by the principal or one of the officers of said institution, shall be paid to said institution by the said county ; and its county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county. $ 5. This act shall take effect immediately.

Post, p. 810.

by tax

To be widened.

CHAP. 335. AN ACT making an appropriation for the improvement of the Oak Orchard creek and canal feeder.

Passed April 29, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. The board of canal commissioners are hereby authorized and directed to cause to be widened and deepened, by excavation, with all reasonable dispatch, the channel of Oak Orchard creek and canal feeder, in accordance with the resolution of the canal board adopted on the eleventh day of

December, one thousand eight hundred and sixty-two. Appropria- S 2. The treasurer is herelor directed to pay the expenses

of such work, on the warraut of the auditor, out of any money not otherwise appropriated belonging to the canal fund, and

tion.

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