the sum of sixteen thousand three hundred and six dollars is CHAP. 342. AN ACT to raise the head of the feeders and of Oil Creek reservoir on the Genesee Valley canal. 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: be raised. $1. The canal commissioners are hereby authorized to waters to raise the water in Oil Creek reservoir three feet, and define the boundaries of lands for the same at an elevation of six feet above the bottom of the outlet heretofore in use; also to construct a dam across the Ischua creek, at Ischua feeder, at such elevation as may be determined by the canal board. Said commissioners are further authorized to raise and maintain the dams at an elevation of five feet above bottom of canal across the streams that supply with water that part of the canal designated as the extension of the Genesee Valley canal said commissioners are further authorized to take possession of all lands necessary to carry this act into effect. $2. The cost for the construction of the works necessary Expense. to carry this act into effect, to be paid out of moneys appropriated for extraordinary repairs and improvement of the canals. $3. The canal commissioners are further authorized and required to place fixed and permanent monuments of stone near each dam and of the outlet, for the purpose of determining at any future time the heights to which the works mentioned in this act are to be maintained, and furnish with their next annual report, maps and references designating said monuments. § 4. This act shall take effect immediately. Monuments CHAP. 343. AN ACT to authorize the canal commissioners to construct a bridge over the Erie canal in the counties of Erie and Niagara. 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 canal commissioners are hereby authorized and directed to construct, or cause to be constructed, over the Erie canal, at or near the point where the road known as the New Home road intersects the same in the town of Amherst, Erie county, a suitable road bridge at the expense of the state, and the expense thereof shall be paid by the treasurer on the warrant of the auditor, from any moneys appropriated for the extraordinary repairs of the Erie canal, provided, that after investigation and examination into all the facts in relation to the application for said bridge, the 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 ralease, 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 to 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 canal 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. S2. This act shall take effect immediately. CHAP. 344. AN ACT authorizing the canal commissioners to build a road bridge across the Erie canal at Montezuma in the county of Cayuga. 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 canal commissioners are hereby authorized to construct or cause to be constructed a road bridge over the Erie canal in the village of Montezuma, at the expense of the state, said bridge to be built on or near the site of the present foot-bridge, and under the direction and in such a manner as the commissioners in charge of the canal may deem best calculated to promote the interest of the state and the convenience of the inhabitants of said village, provided that after investigation and examination into all the facts in relation to the application for said bridge the 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 to 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 canal commissioners from all persons whose property, rights or interests may be effected 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. $2. The expense of the erection of said bridge shall not exceed the sum of one thousand dollars, and be paid for out of the moneys appropriated for extraordinary repairs on the middle division of the canals of this state. $3. This act shall take effect immediately. Appoint ment of officers. Number. Oath of office. Powers. Shield. Pay of officers. Powers of officers, when to cease. CHAP. 346. AN ACT empowering railroad companies to employ police force. PASSED April 29, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Any railroad corporation on which road steam is used as the motive power, and any steamboat company, may apply to the governor to commission such person or persons as the said corporation may designate to act as policemen for said corporation, but no more than one policeman shall be appointed at any one station of such company. As amended by Laws of 1866, chap. 259, post p. 712. S 2. The governor, upon such application, may appoint such persons or so many of them as he may deem proper to be such policemen, and shall issue to such person or persons so appointed a commission to act as such policemen. S3. Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the oath prescribed in the twelfth article of the constitution: such oath, with a copy of the commission, shall be filed with the secretary of state, and a certificate thereof by said secretary be filed with the clerk of each county through or into which the railroad or steamboat for which such policeman is appointed may run, and in which it is intended the said policeman shall act: and such policemen shall severally possess all the powers of policemen in the several towns, cities and villages in which they shall so be authorized to act as aforesaid. As amended by Laws of 1866, chap. 259, post p. 712. S 4. Such police shall when on duty severally wear a metallic shield, with the words "railway police" or "steamboat police," as the case may be, and the name of the corporation for which appointed, inscribed thereon; and said shield shall always be worn in plain view except when employed as detectives. As amended by Laws of 1866, chap. 259, post p. 712. S 5. The compensation of such police shall be paid by the companies for which the policemen are respectively appointed, as may be agreed upon between them. $ 6. Whenever any company shall no longer require the services of any policemen so appointed as aforesaid, they may file a notice to that effect in the several offices in which notice of such appointment was originally filed, and thereupon the power of such officer shall cease and be determined. As amended by Laws of 1866, chap. 259, post p. 712. CHAP. 347. AN ACT to authorize the canal commissioners to construct a road bridge over the enlarged Erie canal at Higginsville, in Oneida county. 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 canal commissioners are hereby authorized and required to construct or cause to be constructed and maintained at the expense of the state, over the enlarged Erie canal at Higginsville, in the county of Oneida, a common single-track wood bridge, and the sum of twenty-eight hundred and sixty-eight dollars, or so much thereof as may be necessary, is hereby appropriated for the construction of said bridge, to be paid from any money appropriated for the repairs of the Erie canal; provided, that after investigation and examination into all the facts in relation to the application for said bridge, the 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 to 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 canal 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. $2. This act shall take effect immediately. |