upon conviction, be punished in the manner prescribed by law, for feloniously stealing property of the value of the articles so taken, embezzled, converted, made way with or secreted, or mentioned or described in the said receipts, warrants or certificates. S12. This act shall take effect immediately. Chap. 406. AN ACT to amend an act entitled "An act creating a public fund or stock in the city of New York to be called the Croton Water Stock, and in relation to the Sinking Fund of said city," passed May thirteenth, eighteen hundred and forty-five. Passed April 16, 1859; three-fifths being present. Whereas the revenues set apart by and mentioned in title two of an ordinance of the mayor, aldermen and commonalty of the city of New York, entitled "An ordinance providing for the redemption of the city debt, and the payment of the interest thereon," passed February twenty-second, eighteen hundred and forty-four, being the revenues pledged and appropriated to the payment of the interest upon the said city debt, have accumulated after the payment of all interest provided for in said ordinance to be paid on said debt and chargeable to said sinking fund for the payment of the interest on said debt, so that on the first day of January, eighteen hundred and fifty-nine, they amounted to the aggregate sum of two millions five hundred and seventy-nine thousand five hundred and thirty-four dollars and twelve cents; And whereas, there is no object to which said sum and the accumulations which may hereafter arise from said revenues can be applied, as no power exists by which the commissioners of the sinking fund mentioned in said ordinance, can invest said moneys permanently; And whereas, it is desirable that said surplus and the accumulations which may hereafter arise from said revenues, after the payment of all interest on said debt, should be transferred to the sinking fund for the redemption. of the city debt provided for in said ordinance; therefore, Moneys to be transferred. Ibid. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The commissioners of the sinking fund of the city of New York mentioned in the ordinance of the mayor, aldermen and commonalty of said city, passed February twenty-second, eighteen hundred and fortyfour, are hereby authorized and empowered to transfer the sum of two millions, five hundred and seventy-nine thousand, five hundred and thirty-four dollars and twelve cents (being the surplus on the first day of January, eighteen hundred and fifty-nine, over and above a sufficiency to pay the interest accrued to that date) from the sinking fund for the payment of interest on the city debt to the sinking fund for the redemption of the city debt of the said city of New York, and to invest the same in the manner authorized by law and ordinances in relation to said last mentioned sinking fund. $2. On the last day of December in each and every be invested. year, the surplus then existing in the sinking fund for the payment of interest on the said city debt after the payment of the interest which may have accrued during the year, chargeable to or payable out of the said fund, shall be transferred to the sinking fund for the redemption of the city debt of said city, and the commissioners of the sinking fund of said city are hereby authorized and required to invest the surplus so transferred in the same manner as now provided by law in respect to the revenues pledged to the sinking fund for the redemption of the debt of said city. S3. This act shall take effect immediately. Boundaries extended. Chap. 407. AN ACT to amend the act incorporating the village of Saratoga Springs, passed April seventeenth, eighteen hundred and twenty-six. Passed April 16, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The boundaries of the village of Saratoga Springs are hereby extended one quarter of a mile east, one quarter of a mile south, and one quarter of a mile west of the present boundaries, and all the district of country lying within the boundaries as hereby extended, and the inhabitants residing therein shall hereafter constitute the village of Saratoga Springs, with all the powers and privileges, and subject to all the duties contained in the said act incorporating the village of Saratoga Springs and the various acts amending the same. village, S2. The trustees of the village of Saratoga Springs Trustees of shall have power to direct the owner or owners of any powers of. real estate in said village to construct such sidewalks, drains and sewers in front of their respective lots, and grade, amend and repair the same in such manner as the said trustees shall by resolution require. In case the owner or owners of any such real estate shall, for thirty days after passage of a resolution requiring him or them to construct, grade, repair, amend or curb any sidewalk, drain or sewer, neglect or refuse to do the same, the said trustees shall have power to construct any such sidewalk, drain or sewer in said village, and cause the same to be graded, curbed, relaid or repaired, and to cause the expenses of any improvement made or directed under this section, to be assessed upon the real estate benefited thereby, provided that such expenses shall not exceed two dollars per foot, of the width of the lot or lots or real estate so assessed, upon any street so improved. All assessments for such improvements shall be paid to the treasurer of said village, within sixty days after the delivery to said treasurer of a certified copy of the resolution of said trustees, fixing the amount of such assessment. In case of non-payment, the said trustees may order, by such regulations as they deem expedient, the said real estate so assessed, or some part thereof, to be sold for the shortest term of years sufficient to raise the tax, after giving six weeks' public notice of such sale in a newspaper printed in the village, and in the newspaper printed by the printer to the state, and allowing the owner two years after the sale to redeem the same, on paying the expenses of said assessment and expense of sale and the interest thereon. But nothing in this section contained shall be construed to impair or affect the rights of said trustees Encroachments to be removed. Claims to be examin ed. to issue highway certificates for labor performed under this section. S3. Any person who shall hereafter erect any stoop, steps, fence or other encroachment in the streets of said village shall remove the same within ten days after service of a copy of a resolution of the said trustees requiring him so to do; and said trustees shall have power to enforce obedience to such resolution, by inflicting such penalty on any citizen or inhabitant for neglect or refusal to obey such resolution, not exceeding one hundred dollars, as said trustees may by such resolution impose, recoverable in the same manner as any penalty for the breach of any by-law of said village. Chap. 408. AN ACT for the relief of Zephaniah Barker, Passed April 16, 1859; three-fifths being present. SECTION 1. The canal appraisers are hereby authorized and required to examine the claims of Zephaniah Barker, Orville N. Carlton, Bridget Galaper, Danvers Doubleday, John Miller, Charles Ferris, Seneca Hallock, Horace Dibble, William Henry, Michael Minton, Patrick McIntyre, James Powers, Benjamin Ferris, Charles Rogers, Lewis Midalton, Reuben C. Oatman and Jacob Miller, for damages sustained by them in consequence of the inundation of certain lands owned or occupied by them in the towns of Kingsbury and Fort Edward, in Washington county, alleged to have been caused by the overflow of the banks of the Champlain canal, on or about June nine, eighteen hundred and fifty-eight, through the negligence of persons employed by the state having the charge of waste weirs at Dunham's basin and at Smith's basin; and in case they shall find that the state is justly liable for such damages, to make such award therefor as shall be just and equitable; which award shall be subject to the same right of appeal to the canal board, by either party, as in other cases. to pay S2. The treasurer shall pay on the warrant of the Treasurer auditor of the canal department, out of any moneys in award on the treasury appropriated to the use of the canals, such warrant of sum, if any, as shall be awarded under the provisions of this act. § 3. This act shall take effect immediately. Chap. 409. AN ACT authorizing the appraisal and payment of damages to Jerome B. Hulbert. Passed April 16, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: auditor. praisers may hear and deter SECTION 1. Jurisdiction is hereby conferred upon the Canal apcanal appraisers to hear and determine the alleged claim of Jerome B. Hulbert, for damages occasioned by alleg a break in the canal embankment, on the twenty-eight ed claim. day of July, eighteen hundred and fifty-eight, opposite the said Jerome B. Hulbert's factory, in the town of Leyden, in the county of Lewis. If upon examination it shall appear that damages have been sustained by the said Hulbert, for which the state is justly and legally liable, then they shall make a just and equitable award therefor, to the said Jerome B. Hulbert. $2. The treasury shall pay, on the warrant of the auditor of the canal department, such sum as shall be awarded to the claimant, in pursuance of this act, out of any moneys appropriated to the payment of canal repairs upon the Black River canal. Treasurer award on warrant of to pay auditor. |