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Effort to the said village may take water therefrom. If the said trustees have i already made an effort to agree, with any owner of lands or other cation for property, or with persons interested in the waters to be taken and

agree be

commis

sioners.

Repeal.

Water commis. sioners.

used by such trustees for the purposes aforesaid, upon the amount of compensation to be paid therefor, then it shall not be necessary and essential to the acquirements of the rights hereby provided for, that any other attempt at such agreement shall be made for agreement, before such application may be made for the appointment of commissioners as herein provided for.

§ 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 5. This act shall take effect immediately.

Chap. 86.

AN ACT to amend chapter one hundred and eighty-one of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof."

PASSED March 13, 1879; three-fifths being present.

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

SECTION 1. Section two of chapter one hundred and eighty-one of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof," is hereby amended so as to read as follows:

§ 2. For the purposes of this act, said authorities are hereby defined to be, in villages, the president and trustees thereof. The terms of office of said commissioners shall respectively continue for the terms for which said authorities shall be, or shall have been respectively elected.

§ 2. This act shall take effect immediately.

Chap. 87.

AN ACT to amend section one, chapter three hundred and two, laws of eighteen hundred and seventy-eight, entitled "An act in relation to the taking of clams, oysters and shell-fish within the waters of this State, and dredging for the same."

PASSED March 17, 1879.

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

SECTION 1. Section one of chapter three hundred and two of the laws of eighteen hundred and seventy-eight, is hereby amended so as to read as follows:

dents not

§ 1. It shall not be lawful for any person or persons, who shall not Non-resihave been actual residents and inhabitants of the State of New York to gather. for the period of six months, to rake or gather clams, oysters or shellfish, either on their own account and for their own benefit, or on account of or for the benefit of their employers, in any of the rivers, bays or waters of this State, on board of any canoe, flat, scow, boat or other vessel; but the provisions of this section shall not be so construed Proviso. as preventing any person, who shall have been an actual resident and inhabitant of this State for a period of six months, from employing any person or persons to rake or gather clams, oysters and shell-fish, for the use and benefit of said person so having been for the period of six months an actual resident and inhabitant of this State. § 2. This act shall take effect immediately.

Chap. 88.

AN ACT making an appropriation for the construction of an iron swing, draw, or lift bridge at Lawrence street, in the city of Albany.

PASSED March 17, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The sum of six thousand dollars, or so much thereof as Appropri may be necessary, is hereby appropriated out of the revenues of the ation. canals for the current fiscal year for the construction of an iron swing, draw, or lift bridge to replace the present unsafe structure across the Erie canal, at Lawrence street, in the city of Albany; provided, how- Proviso. ever, that such bridge shall not be constructed unless the proper authorites of the city of Albany shall assume the entire expense of operating said bridge, under the direction of the superintendent of public works.

§ 2. This act shall take effect immediately.

Tax on foreign

companies to be

Chap. 89.

AN ACT to amend chapter sixty-four of the laws of eighteen hundred and seventy-seven, entitled "An act to amend section seven of chapter six hundred and thirty-three of the laws of eighteen hundred and sixty-six, entitled 'An act in relation to the benevolent fund of the late volunteer fire department in the city of New York," passed April seventeen, eighteen hundred and sixty-six, as amended by chapter nine hundred and sixty-two of the laws of eighteen hundred and sixty-seven, and as further amended by chapter two hundred and ninety-seven of the laws of eighteen hundred and seventy.

PASSED March 17, 1879.

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

SECTION 1. Section seven of the act entitled "An act relating to the benevolent fund of the late volunteer fire department in the city of New York," passed April seventeen, eighteen hundred and sixty-six, as amended by chapter nine hundred and sixty-two of the laws of eighteen hundred and sixty-seven, and as further amended by chapter two hundred and ninety-seven of the laws of eighteen hundred and seventy, is hereby amended so as to read as follows:

§ 7. The said corporation shall be entitled to receive, and there insurance shall be paid to them, the percentage or tax on the receipts of the foreign fire insurance companies doing business in the city of New paid cor- York, as provided by chapter five hundred and forty-eight of the laws poration. of eighteen hundred and fifty-seven, for nine years from the seventeenth day of April, eighteen hundred and seventy-nine, and all returns and undertakings required by said act shall be made to the treasurer of the said corporation.

Repeal.

Official

§ 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 3. This act shall take effect immediately.

Chap. 90.

AN ACT to legalize and confirm the official acts of George W. Wiles, a justice of the peace of the town of Hume, in the county of Allegany, New York.

PASSED March 17, 1879.

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

SECTION 1. All the official acts and proceedings by or before George acts legal. W. Wiles as a justice of the peace in and for the town of Hume, in the county of Allegany, since the first day of January, eighteen hundred.

ized.

and seventy-nine, are hereby legalized and confirmed, and shall have the same force and validity as if the said George W. Wiles had been duly appointed and taken and filed his oath of office within the time required by law.

§ 2. Nothing in this act shall affect any suit now pending, or any Proviso. right now vested or acquired by reason of such acts or proceedings. §3. This act shall take effect immediately.

Chap. 91.

AN ACT to define the boundary line between the counties of Oneida and Madison.

PASSED March 20, 1879.

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

line.

SECTION 1. The present channel of the Oneida creek, as straightened Boundary and rectified, is hereby declared to be and made the boundary line between the counties of Oneida and Madison, from the northerly line of the town of Stockbridge to Oneida lake.

§ 2. Nothing in this act shall be construed to affect or impair liens Proviso. acquired upon the portions of either of said counties, which are, by the provisions of the first section of this act, added to or taken from either of said counties.

§ 3. This act shall take effect immediately

Chap. 92.

AN ACT authorizing the adjutant-general to use for the benefit of other military organizations any and all moneys remaining in the hands of any of the county treasurers of the State to the credit of disbanded organizations of the national guard.

PASSED March 20, 1879; three-fifths being present.

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

credit of

SECTION 1. The adjutant-general is hereby authorized and empow- Moneys to ered to draw, use and apply to the benefit of the national guard any disbanded and all moneys and balances remaining in the hands of the several organiza county treasurers of this State, to the credit of any organizations of the national guard which have been disbanded.

tions.

treasurers

§ 2. The several county treasurers of the State are authorized and County directed to pay to the adjutant-general, upon his order, all moneys to pay remaining in their hands to the credit of any disbanded organization adjutant of the national guard. The certificate of the adjutant-general shall be sufficient evidence of the disbandment of any such organization. § 3. This act shall take effect immediately.

general.

Jurisdiction of ter

ritory ce

ded by Vermont

Chap. 93.

AN ACT accepting sovereignty and jurisdiction over a portion of the State of Vermont, ceded to the State of New York in the year eighteen hundred and seventy-six.

PASSED March 20, 1879.

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

SECTION 1. Sovereignty and jurisdiction over "all that portion of the town of Fair Haven, in the county of Rutland and State of Vermont, lying westerly from the middle of the depest* channel of Poultney accepted. river, as it now runs, and between the middle of the deepest channel of said river and the west line of the State of Vermont, as at present established," as the same is described in an act of the legislature of the State of Vermont, entitled "An act annexing that portion of the town of Fair Haven, lying west of Poultney river, to the State of New York," and approved by the governor of said State of Vermont, November twenty-seventh, eighteen hundred and seventy-six, and the cession of the same to the State of New York, is hereby accepted by the State of New York.

When to take effect

§ 2. This act shall take effect when the congress of the United States shall consent to such cession and annexation.

State title to lands

Chap. 94.

AN ACT to release certain lands which have escheated to the State to Ann Thomas, daughter of Thomas Thomas, late of the town of Freedom, in the county of Cattaraugus.

PASSED March 20, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the estate, right, title and interest of the people of released. the State of New York of, to, and in all the real estate whereof Thomas Thomas, late of the town of Freedom, in the county of Cattaraugus and State aforesaid, deceased, died seized, are hereby released to Ann Thomas, daughter of said deceased, and to her heirs and assigns forever, and the said Ann Thomas is hereby empowered and authorized to sell, convey, mortgage and devise the same in the same manner, and with like effect as if she were a citizen of the United States of America.

Proviso.

§ 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any heir-at-law, devisee or grantee of the said Thomas Thomas, or any creditor by mortgage, judgment or otherwise.

§3. This act shall take effect immediately.

So in the original.

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