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the act of Congress entitled "An act donating public
PASSED May 5, 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 comptroller of this state is hereby authorized to Comptroller receive from the proper authorities of the United States, the land scrip. land scrip to be issued for the lands granted to this state by the act of congress, approved July second, eighteen hundred and sixty-two, entitled “An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,” and to give all necessary receipts or acknowledgments for the scrip which may be so received by him.
S 2. The said comptroller is hereby authorized, by and with May sell the approval and concurrence of the lieutenant-governor, attorney-general, treasurer and chancellor of the university, from time to time as he may deem proper, to sell the said land scrip, or any part thereof for cash or for stocks of the United States, or of the states, or some otber safe stocks, yielding not less than five per centum upon the par value of said stocks, and to execute all necessary and proper transfers thereof. But no such scrip shall be transferred and delivered to any Prohibition. purchaser thereof until the same shall have been fully paid fur, or until payment thereof shall be fully secured by collaterals of such stock as above specified.
S 3. The comptroller shall make all such arrangements, Provisions employ such agents, and adopt such measures, in all respects, sale of scrip as he may deem most expedient for effecting a judicious sale ceeds. of the said land scrip; and the treasurer, on the warrant of the comptroller, shall, from time to time, pay out of any moneys in the treasury, not otherwise appropriated, all the expenses of management and superintendence, and taxes, if any, from the selection of said lands previously to their sale; and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, and of all incidental matters connected with or arising out of the care, management, and sale of the said lands; so that the entire proceeds of the sale of said lands shall be applied, without any diminution whatever, to the purposes mentioned in the said act of congross.
such scrin necessary a the par value
Javestment ( ( proceeds.
6eparate 000ks to be kept relat
S 4. The moneys wbich may be received on the sale of the said lands or land scrip, shall, from time to time, and as often as there shall be a sufficient accumulation for that purpose, be invested by the comptroller, in stocks of the United States, or of this state, or in some other safe stocks, yielding not less than five per centum per annum on the par value of said stocks; and the money so invested shall constitute a perpetual fund, the capital of wbich shall remain forever nudiminished, except as provided for in and by the said act of congress.
S 5. The comptroller shall keep separate books of account
in his office of all matters relating to the said land-scrip and ing to scrip.
lands, and the care, management, sale and disposition thereof, and of the investment of the moneys derived from the sale of the said lands and the land-scrip), and of the manner in which the income of the said fund may be disposed of, pursuant to any act of the legislature authorizing the application thereof, in conformity with the provisious of the act of con
gress aforesaid. Comptroller 5 6. The comptroller in his annnal report to the legislature
shall state the condition and amount of the said fund, the expenditures on account thereof, and all his proceedings and acts in regard thereto.
S 7. All moneys received by the comptroller under the procomptroller visions of this act, shall be forthwith deposited by him in the
treasury of this state, as a trust fund, with wbich a special
See Laws of 1864, chap. 229; post p. 274; 31 H., P. R., 78.
to report annually.
Moneys received hy
to be deposited in treasury.
vation of moose, wild deer, birds and fresh water fish,”
- Passed May 5, 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 sixteenth section of the act entitled “An act for the preservation of moose, wild deer, birds and fresh water fish," passed April twenty-third, eighteen hundred and sixty. two, is hereby amended by striking out the words “Chau
Section 16 amended.
mont Bay” and inserting in lieu thereof the words “ the bays lying and being between the mouth of Genesee river and Cape Vincent."
Ante, vol. 4, p. 105. § 2. The seventeenth section of said act is hereby amended Section 17 by striking out the words “ Canandaigua Lake" and inserting therein the words "Skaneateles Lake in the counties of Onondaga and Cayuga, Cayuga Lake and Chautauqua Lake, Cayuta Lake, in the county of Schuyler, and Fort Bay in the county of Wayne." Also strike out of said section the words "Skine Lake," and the words “except in Skine or Lime Lake in the county of Cattaraugus." Also strike out the words, "and frost fish.”
Ante, vol. 4, p. 105. S 3. The twenty-fourth section of said act is hereby amended Smended. by striking out the following words, to wit: “Chapter four bundred and sixty-four of the Laws of eighteen hundred and fifty-nine, chapters one hundred and seventy-three and two hundred and fourteen of the Laws of eighteen hundred and sixty-one."
Ante, vol. 4, p. 107. $ 4. All the provisions of chapter four hundred and sixty-Certain four of the Laws of eighteen hundred and fifty-nine, and re-enacted chapters one hundred and seventy-three and two hundred and fourteen of the Laws of eighteen hundred and sixty-one, are hereby re-enacted and declared to be in full force from and after the passage of this act. $ 5. This act shall take effect immediately.
See Laws of 1866, chap. 813, post p. 852.
Section 24 mended.
The three acts now rostored were not published in this compilation of the Statutes, because they had been repealed by tho act of April 23, 1862. (See ante, vol. 4, page 107.) As they are restored by the act of 1863, they are now inserted here.
the preservation of fish in the waters of Oneida Lake
Passed April 18, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. Section one of said act is hereby amended so as to read as follows:
$1. No person shall at any time during the months of March, April, May, or June take any fish in the waters of Oneida Lake, or in the waters of any stream flowing into that lake within two miles from the entrance of such stream into the lake, with any net, seine, wier or basket.
$ 2. Section two of said act is hereby amended so as read as follows:
$ 2. Whoever shall offend against the provisions of this act shall for such offense forfeit the sum of twenty-five dollars, and any justice of the peace in either of the counties bordering on said lake shall have jurisdiction over any offense committed in violation of this act.
CHAP. 173. AN ACT for the preservation of fish in Canandaigua Lake
and the inlet thereof lying within the counties of Ontario and Yates.
Passed April 12, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. It shall be unlawful for any person or persons to take, catch or procure in or from Canandaigua Lake or the inlet thereof lying within the counties of Ontario and Yates any fish with or by means of any seine, gill net or other net.
$ 2. No person shall knowingly sell or offer for sale any fish caught in or from said lake or inlet thereof contrary to the provisions of the first section of this act, and it shall be unlawful for any person knowingly to purchase any fish so taken in or from said lake or inlet.
$ 3. Whoever shall violate any or either of the provisions of this act shall be deemed guilty of a misdemeanor, and shall also be subject to a penalty for each offense of not less than ten nor more than twenty-five dollars, to be recovered in a civil action, with costs, as hereinafter provided.
S 4. Any person may bring or prosecute an action in his own name for the recovery of the fines or penalties imposed by this act before any justice of the peace of either of said counties upon first giving to such justice of the peace security for costs satisfactory to such justice in case he shall fail to recover, and in case of a recovery, the amount thereof when collected shall be paid to the court before wbich such action shall be prosecuted, together with the costs of such suit. The court before which such action was brought shall certify the reasonable costs and expenses thereof and pay the same out of the moneys so received, and shall pay the residue thereof, if any, to the treasurer of the county in which such action is brought for the support of the poor of said county.
S 5. All laws inconsistent with this act are hereby repealed. $ 6. This act shall take effect immediately.
the preservation of fish in the waters of Oneida Lake
Passed April 13, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. Section one of said act and said act amending the same is hereby amended so as to read as follows:
$ 1. No person shall at any time during the months of March or April take any fish in the waters of Oneida Lake or in the waters of any stream flowing into that lake within two miles from the entrance of such stream into the lake with any net, seine, weir or basket.
S 2. This act shall take effect immediately.
district in the city of Brooklyn.
Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. There shall be a law library located at the city of Library es Brooklyn, which shall be known as the “ Law library of the second judicial district.”
S 2. The said library shall be under the care and manage- Trust ees. ment of the trustees of the law library of the city of Brooklyn; subject, however, to such orders, rules and regulations, touching the same, as may be made, from time to time, by a majority of the justices of the supreme court, residing in said district. All appropriations made for said library shall be paid to the said trustees, to be by them disbursed in the purchase of books for said library. The said trustees may make Their rules and regulations for the management and protection of said library, and prescribe penalties for the violation thereof; they may sue for and recover such penalties, and may maintain actions for injuries to said library; they may procure proper furniture for said library, hire suitable rooms, employ a librarian, provide fuel and lights, and defray all the incidental expenses of the care and management of said library; they shall yearly ascertain the amount necessary for the aforesaid purposes, and certify it to the board of supervisors of Kings