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Bridge authorized.

Commissioners.

Audit of accounts.

same.

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 :

S1. The sum of twelve hundred dollars is hereby appropriated to build a stoue pier and complete a bridge across the Sacandaga river at or near Northville, in the town of Northamptou, 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.

S3. 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.

Payment of $ 4. The treasurer is hereby authorized and directed to pay, on the order of the said commissioners, the sum so certified by the said committée as having been faithfully and judiciously expended by the said commissioners in completing said bridge and pier, a sum not exceeding twelve hundred dollars.

S 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:

Amount ap- S 1. The moneys unexpended of the five hundred thousand propriated. dollars appropriated by the first section of chapter two hun

How expended.

dred 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.

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.

arms, etc.

53. The arms, equipments and munitions of war procured Distribu or repaired by authority of this act shall be distributed in tion of such manner as the commander-in-chief shall deem best for the interest of the militia service of the state.

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.

§ 8. This act shall take effect immediately.

Governor may appoint agents.

Governor

may ap.

point surgeons.

$200,000 ap

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.

S2. 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 propriated. 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.

Comptrol

accounts

order of

governor.

S4. The comptroller of this state, on the order of the govler to pay on ernor, 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 governor, 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

requirements, at the discretion of the governor, first requiring the said agents to give ample security for a proper disbursement of the funds.

$5. This act shall take effect immediately.

CHAP. 226.

AN ACT to amend the twenty-fourth section, second article, sixth title, chapter second and part fourth of the Revised Statutes, relating to writs of error in criminal

cases.

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 :

be remitted

tion.

$1. The twenty-fourth section, second article, sixth title, Record may chapter second and part fourth of the Revised Statutes is for execuhereby amended by adding thereto the following words: "Provided, however, that the appellate court shall have power upon any writ of error, when it shall appear that the conviction has been legal and regular, to remit the record to the court in which such conviction was had, to pass such sentence thereon as the said appellate court shall direct." S2. This act shall take effect immediately.

35 N. Y., 265; 29 N. Y., 124; 27 N. Y., 343; 47 B., 504; 28 How.
P. R., 112; 26 How. P. R., 209; 19 Ab., 213. Ante, vol. 2, p. 766.

CHAP. 239.

AN ACT to protect the harbors and frontiers of the State of New York against invasion and to provide for their defense.

PASSED April 27, 1863; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

appropri

$1. The sum of one million of dollars or so much of that one million amount as may be necessary, is hereby appropriated for the ated. purposes specified in this act.

sioners.

$2. The governor, the comptroller, and Edwin D. Morgan, Commis are hereby appointed commissioners for the purposes contemplated in this act, and are authorized and directed to purchase cannon, provide submarine batteries, iron-clad steamers, and take such other measures as may be deemed necessary for the protection of the harbors and frontiers of this state.

be borrowed

$3. The comptroller is hereby authorized and directed, for Money may carrying into effect the provisions of this act, to borrow, on at not ex

six per cent

interest.

ceeding the credit of the state, from time to time, as may be required, such sums of money as may be necessary, not exceeding in all one million of dollars, at a rate of interest not exceeding six per cent, payable semi-annually on the first day of July and January in each year, the principal to be repaid within twenty years from the first day of January, eighteen hundred and sixty-four, at the discretion of the commissioners of the caual fund, or to be payable, in whole or in part, whenever funds may be available for that purpose, and the comptroller Certificates is hereby authorized and required to issue transferable certificates in such amounts as he may deem proper. $ 4. This act shall take effect immediately.

may be issued.

On what taxable

CHAP. 240.

AN ACT in relation to the taxation of moneyed corporations and associations.

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. All banks, banking associations and other moneyed corporations and associations, shall be liable to taxation on a valuation equal to the amount of their capital stock paid in or secured to be paid in, and their surplus earnings (less ten per cent of such surplus) in the manner now provided by law, deducting the value of the real estate held by any such corporation or association and taxable as real estate. S2. This act shall take effect immediately.

Ante, vol. 1, p. 374; 40 B, 334; 46 B, 593; 44 B, 158; 29 How. P. R., 372.

U. S. and

state stocks to be deposited in certain proportions.

CHAP. 241.

AN ACT to amend the banking laws of this state. 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. From and after the passage of this act the securities hereafter to be deposited with the superintendent of the banking department for notes for circulation, to be issued to any corporation or joint stock association for banking purposes, or individual banker, shall be stocks of this state and of the United States, in the following proportions, that is to say: not to exceed two-thirds per centum in United States stocks, and not less than one-third per centum in stocks of this state; both stocks to be equal to or be made equal to stocks yielding interest at the rate of six per centum per annum; and the

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