Within what time to be taken. When bill not to be Collected by tax. Canal commissioners to fix rate of labor. town may appeal from such auditing and allowance to the board of supervisors of the county, and such board of supervisors shall thereupon have power to audit and allow such bill; and in case any such account shall be disallowed or the amount thereof reduced, the party presenting the same shall have the same right of appeal as above provided. S3. Such appeal shall be taken within five days after the allowance or disallowance of a bill by such town auditors, in whole or in part, by the service of a notice of appeal in writing on the town-clerk, and said town-clerk shall forthwith thereafter transmit said bill to the board of supervisors of said county to be audited and allowed by them, and said board of town auditors shall have no further jurisdiction over any such bill after the service of said notice of appeal. S4. If after service of any notice of appeal, the bill is not transmitted to the board of supervisors as herein provided, no part thereof shall be levied or collected. S5. Such part of the town bills audited by the board of supervisors after such appeals as shall be allowed shall be assessed, levied and collected by the said board in the same manner as other town charges. CHAP. 836. AN ACT to prescribe the powers and duties in certain cases of the canal board, the canal commissioners and other officers whose duties relate to the canals of this State. PASSED April 27, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. No superintendent of repairs shall pay a higher price or compensation to any foreman, lock-tender or other subordinate person necessary to enable him to discharge his official duties, nor for any double or single team, nor for any mechanical labor, than shall be fixed by the board of canal commissioners; and it shall be the duty of the said board of canal commissioners to fix, from time to time, the rate of compensation for the labor and service herein mentioned, and shall notify the several superintendents and the auditor of the canal department thereof, and no resolution of the said board. increasing the rates of compensation for labor and service beyond a price previously fixed shall have a retroactive effect. S2. It shall be the duty of the auditor of the canal departsurements ment to reject and refuse payment of any canal commissioner's draft or certificate, or any other claim against the state founded on a certificate or measurement of an engineer in the Estimate and mea to be sworn to. employment of the state, unless such estimate and measurement shall be sworn to and verified as provided in the second section of the act entitled "An act in relation to the public works and the officers connected therewith," passed March twelth, eighteen hundred and forty-seven. of commis necessary for tools, S 3. No superintendent of canal repairs shall have any Certificate authority to contract for the delivery of or to purchase any sioners tools, implements, materials, boats or other matter or thing to to contract be used in the repairs of the canals, except upon the certificate etc. of the canal commissioner in charge first had and obtained, designating the number and quantities, with the prices to be paid for such tools, implements, materials and boats; and every superintendent of repairs who shall violate the provisions of this section, or who shall apply any of the moneys received by him upon a detailed estimate, to objects, works or purposes other than what is specifically named and described in the detailed estimate upon which the moneys were advanced to him, shall be removed from office, and the canal board are hereby authorized and directed to hear and determine all complaints made against any superintendent of repairs for a violation of the provisions of this section, but the provisions of this section do not apply to sudden breaks and breaches in the canals during navigation, when the necessities of the case may call for immediate action before the canal commissioner can be consulted. inspectors New York $4. The canal board is hereby authorized to appoint two Additional additional inspectors and measurers of lumber and timber in city of and of boats and their cargoes, to be located in the city of New York, who shall possess all the powers and perform all the duties of such inspectors and measurers located upon the canals of this state, and may receive such compensation as shall be allowed by the canal board, not exceeding the compensation paid to other inspectors and measurers employed upon the canals. S 5. Section eighty-four of article third, chapter nine, title nine, part first of the Revised Statutes, is hereby amended so as to read as follows: 66 of claim ages, etc.. "§ 84. Every person interested in premises so appropriated, statement and every person who shall claim to have sustained damages for damby reason of the temporary appropriation of his lands or to be filed. waters, or any injury caused by the canals of this state or the works connected therewith, if he intend to claim such damages, shall within one year after such premises, lands or waters have been taken permanently, appropriated or temporarily occupied, and within one year after jurisdiction shall be conferred upon the canal appraisers by the legislature to hear such other injury, file in the office of the canal appraisers a detailed statement of his claim in writing, signed by himself, his guardian or his agent, specifying in as particular a manner as the nature of the case will admit, the extent of his interest Notice of appraisal. When appraisers new ap praisal. in the premises appropriated, and the nature and amount of damages, which claim shall be verified in the same manner as pleadings are now required by law to be verified.” This is 48, vol. 1, p. 226. $ 6. Section eighty-seven of article third, chapter nine, title nine, part one, Revised Statutes, is hereby amended to read as follows: 66 "§ 87. It shall be the duty of the canal appraisers to notify the acting canal commissioner in charge of the line of the canal on which damages are to be appraised, of the time and place of the meeting of the appraisers to view the premises and take testimony in relation to such appraisals. Such notice shall be given by inclosing the same in an envelope and depositing it in the post-office, directed to such commissioner at his office, at least eight days prior to the time of such meeting, and they shall also give the like notice to the claimant if the residence of such claimant shall be known to the appraisers; and in case any claimant shall neglect or refuse to bring his claim to a hearing before the appraisers, at the time and place specified in such notice (unless upon good cause shown, excusing such default), the appraisers shall have power to examine the premises and hear said claim ex parte, and decide the same, and to make such award therein as shall appear to them just." This is 4, of Laws of 1836; ante, vol. 3, p. 152. S7. Section eighty-nine of article third, chapter nine, title nine, part one, Revised Statutes, is hereby amended so as to read as follows: 66 "§ 89. It shall be the duty of the canal appraisers to decide may grant upon claims for damages from the information obtained by them in viewing the premises, and from the evidence, if any, received by them from witnesses; and the said appraisers shall have power, upon application to them by the claimant or by the canal commissioners, within thirty days after the award shall have been recorded in the office of the appraisers, and notice thereof given to the claimant and the commissioner, to order a new trial in cases of surprise or newly discovered evidence, or in cases where material errors have been committed on the first hearing" Canai board to state grounds of reversal. This is § 6 of Laws of 1836; ante, vol. 3, p. 152. S 8. Section one hundred and forty-nine of article four, chapter nine, title nine, part one, Revised Statutes, is hereby amended so as to read as follows: "S 149. Whenever the canal board shall, upon the hearing of any appeal from the award of the canal appraisers, reverse or modify such award, they shall state, on the resolution or order relating to said appeal, the grounds of such reversal or modification, and how much, if any, such award is increased or diminished, and a copy of such resolution or order shall be immediately filed with the canal appraisers and also a copy of every resolution of affirmance. The canal board shall also have power to order a re-hearing before the canal appraisers, in the nature of a new trial before the canal appraisers." This is § 4 of Laws of 1849; ante, vol. 3, p. 171. canal board certain S9. It shall be the duty of the canal board to cause to be clause inserted in all contracts for work or repairs on the canals, a to insert in clause requiring the contractor to pay all damages arising to contracts. the state or to any individual, by reason of the negligence, default or misconduct of such contractor in the performance of such contract. § 10. This act shall take effect immediately. NOTE.-I publish the following note in explanation of this act: Hon. J. W. EDMONDS, New York: CANAL DEPARTMENT, ALBANY, May 27, 1867. DEAR SIR-The act of 1866 was drawn from a compilation of canal laws got up for our use on the canals, as it should not have been. SECTION 5-84 of the act of 1866 is the forty-eighth section of the Revised Statutes. Yours, N. S. BENTON. CHAP. 838. AN ACT to amend an act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight. PASSED April 28, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The title of the act entitled "An act to authorize the for- Title mation of corporations for manufacturing, mining, mechanical changed, or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, is hereby amended so as to read as follows: "An act to authorize the formation of corporations for manufacturing, mining, mechanical, chemical, agricultural, horticultural, medical or curative, mercantile or commercial purposes." tural, hor medical, tive asso $2. At any time hereafter, any three or more persons may Agriculform a corporation for the purpose of carrying on any kind of ticultural, manufacturing, mining, mechanical, chemical, agricultural, and cura horticultural, medical or curative business, may make, sign ciations. and acknowledge, before some officer competent to take acknowledgement of deeds, and file the same in the office of the clerk of county in which the business of the company shall What cer tificate shall state. Stock in other com panies. Officer in two com panies. be carried on, and a duplicate in the office of the secretary of state, a certificate in writing in which shall be stated the corporate name of said company and the objects for which it shall be formed, the amount of its capital stock, the number of shares of which said stock shall consist, the term of its existence, not exceeding fifty years, the number of its trustees and the names of those who shall manage the concerns of the company for the first year, and the names of the town or city and county in which the operations of said company shall be carried on. 3. It shall be lawful for any manufacturing company heretofore or hereafter organized under the provisions of this act or the act hereby amended, to hold stock in the capital of any corporation engaged in the business of mining, manufacturing or transporting such materials as are required in the prosecution of the business of such company, so long as they shall furnish or transport such materials for the use of such company, and for two years thereafter and no longer; and the trustees of such company shall have the same power with respect to the purchase of such stock and issuing stock therefor as are now given by law with respect to the purchase of mines, manufactories and other property necessary to the business of manufacturing companies. But the capital stock of such company shall not be increased without the consent of the owners of two-thirds of the stock, to be obtained as provided by sections twenty-one and twenty-two of the act hereby amended. $4. When any such manufacturing company shall be a stockholder in any other corporation, its president or other officers shall be eligible to the office of trustee of such corporation, the same as if they were individually stockholders therein. $6. This act shall take effect immediately. Ante, vol. 3, p. 733. Report required. CHAP. 843. AN ACT relating to dividends to stockholders of life insurance companies. PASSED April 28, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. It shall be the duty of every life insurance company organized under the laws of this state, within sixty days after the passage of this act, to prepare and deposit in the office of the superintendent of the insurance department of the state, a report giving a detailed statement of the annual |