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tious as to drawing money

as said court shall think proper; but no moneys shall be drawn from any bank except on a check signed by the clerk of said court from bank. and countersigned by some judge thereof, or a justice of the

Court may appoint person to examine accounts.

Court may make rules

moneys.

supreme court, nor shall said clerk invest any of said moneys except under and by direction of said court.

§ 5. The said court may also, from time to time, appoint some suitable and proper person to examine the accounts kept by and the securities in the custody of the clerk of said court, who shall be paid by the comptroller for such service a reasonable sum, to be certified by the presiding judge of said court.

§ 6. The said court may also, from time to time, make such concerning rules and regulations concerning the moneys aforesaid, and concerning the making of the deposits and keeping of the accounts and the drawing of the moneys, as it shall deem just and reasonable, but all such rules and regulations shall be entered in the minutes of the court.

§ 7. This act shall take effect immediately.

AN ACT to amend the Revised Statutes in relation to division fences.
Passed April 11, 1860. Chap. 267, p. 470.

SECTION 1. Section thirty, title four, article four, chapter eleven, part first of the Revised Statutes, is hereby amended by adding thereto, at the end thereof, the words "to a public com.

mon

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Additional

powers of

.ors.

AN ACT conferring additional powers on boards of town auditors. Passed March 3, 1860-Chap. 58, p. 68-three-fifths being present.

SECTION 1. The board of town auditors of the several towns of own audi- this state, shall, in addition to the authority now vested in such board, have the exclusive power, and it shall be their duty, at their annual meeting, to audit the accounts of justices of the peace and constables, for fees in criminal cases, which are by law chargeable to any such town, and the amount thereof shall be included in their certificate, and assessed by the board of supervisors of the county, upon such town, in the same manner as other town charges are now assessed and collected.2

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 All acts and parts of acts inconsistent with this act are hereby repealed.

§ 3. This act shall take effect immediately.

1 See section amended, 1 R. S.. p, 833.

2 See 1 R. S., pp. 834, 835.

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Ax Act in relation to the accounts of town officers. Passed April 17,
1863-Chap. 172-three-fifths being present.

town audi.

SECTION 1. The town auditors in the several towns of this State, Duty of shall examine the accounts of the overseers of the poor and the tors. commissioners of highways of such town, for all moneys received

officers to

and disbursed by them, and shall meet for the purpose of exami-
ning the same, annually, in each town of this State, on the Tues-
day preceding the annual town meeting to be held in each town.
§ 2. The commissioners of highways in each town of this State, Certain
and all town officers who receive or disburse any moneys belong-
ing to their respective towns shall, on the last Tuesday preceding moneys.
the annual town meeting of their town, account with the board
of town officers of such town for all moneys received and dis-
bursed by them by virtue of their offices.

account for

state ac

§3. The said board of town auditors shall make a statement Auditors to of such accounts, and append thereto a certificate to be signed by count. a majority of the board, showing the state of the accounts of the said highway commissioners, and other officers at the date of the certificate; which statement and certificate shall be filed with the town clerk of the town, and be by him produced at the next annual town meeting, and publicly read.

4. This act shall take effect immediately.

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AN ACT empowering the boards of supervisors in the respective coun-
ties of this State to fix and determine the compensation to be allowed
for the conveyance of juvenile delinquents to houses of refuge, and
insane criminals to insane asylums. Passed April 12, 1859-Chap.
254, p. 553-three-fifths being present.

supervisors

pensation

SECTION 1. The boards of supervisors in the respective counties Boards of of this State are hereby empowered, and it shall be their duty, to deter annually to fix and determine the compensation to be allowed and mine com paid to officers for the conveyance of juvenile delinquents to the houses of refuge, and of lunatics to the insane asylums, and no other or greater amount than that so fixed and determined shall be allowed and paid for such service.1

statutes

§ 2. So much of the seventeenth section of chapter two, title Conflicting eight, part four of the Revised Statutes, as is inconsistent with repealed. the provisions of this act, as well as all other laws conflicting herewith, are hereby repealed.

§3. This act shall take effect immediately.

For the general powers of boards of supervisors, see 1 R. S., pages 847, 862. For the section specifically amended, see 3 R. S.,, 1050, 1052.

Art. 2, part

1, chap. 12, 18 of Revised Statutes amended.

AN ACT to better secure counties against losses by county treasurers. Passed April 7, 1859-Chap. 165, p. 411-three-fifths being present.

SECTION 1. Article second, part first, chapter twelve, section eighteen of the Revised Statutes, is hereby amended so as to read as follows: "Every person appointed or elected to the office of county treasurer, before he enters on the duties of his office, shall give a bond to the supervisors of the county, with three or more sufficient sureties, to be approved of by the board of supervisors, and in such sum as they shall direct, conditioned that such person shall faithfully execute the duties of his office, and shall pay, according to law, all moneys which shall come to his hands as treasurer, and render a just and true account thereof to the board of supervisors, or to the comptroller of this State, when thereunto required; such bond, with the sureties as are herein provided, shall be renewed by such person at any time when, in the opinion of said board, or a majority of them, the moneys entrusted to such person as treasurer shall be deemed unsafe or the surety insufficient," and in case said county treasurer shall fail to renew said bond within twenty days after he shall be notified by said board that he is required to renew such security, such omission shall work a forfeiture of this office, and the same shall become vacant.1

§ 2. This act shall take effect immediately.

Commissioners to survey and

suitable

AN ACT to provide for the survey and settlement of the boundary line between the States of New York and Connecticut, and for the expenses thereof. Passed April 4, 1860-Chap. 159, page 252three-fifths being present.

SECTION 1. The commissioners appointed by the governor to mark with ascertain the boundary line between the States of New York and Connecticut, are hereby empowered and directed to survey and mark with suitable monuments, the said line between the two States, as fixed by the survey of seventeen hundred and thirty-one.

monuments.

To give

notice.

Notice may

De served by mail.

§ 2. It shall be the duty of said commissioners before proceed ing to the performance of such duties, to give at least one month's notice in writing to the commissioners appointed on the part of the State of Connecticut to ascertain and settle said line, of the time and place when and where such survey will be commenced, and inviting them to join in the duties enjoined upon the said commissioners from this State by the first section of this act.

§3. The notice in the last section mentioned may be served by mail, by enclosing a copy thereof to each of said Connecticut commissioners, directed to him at his place of residence, at least thirty-five days before the time specified therein for the commencement of said survey.

1 See the section amended, 1 R S., p. 963. See post, acts relating to county treasurers.

neglect of

commission-

4. In case of the refusal or neglect of said Connecticut com- Refusal or
missioners to appear and join in such survey and marking of said Connecticut
line at the time and place specified in such notice, or such other er.
time as may be mutually agreed upon by the commissioners of
the two States, then the commissioners of New York shall proceed
in the performance of their duties as in the first section of this
act empowered and directed.

propriated.

tion for

AN ACT in relation to the publication of legal notices. Passed April
12, 1859-Chap. 252, p. 551-three-fifths being present.
SECTION 1. The proprietor or proprietors of any newspaper Compensa
may charge and collect, for publishing any notice, order, citation, publishing.
summons or other proceeding or advertisement required by law
to be published, not more than seventy-five cents per folio for the
first insertion, and thirty cents for each every subsequent inser-
tion after the first.1

But this act shall not operate to change the present rates of

compensation for the publication of the Session Laws; nor shall

the provisions of this act apply to proceedings in surrogates'

courts, or any notices required to be published relating to the

estates of deceased persons.

§ 2. All laws and parts of laws inconsistent with this act are

hereby repealed.

3. This act shall take effect immediately.

tion of le

1 Amends in effect 3 R. S., p. 929. As to public printing in State paper, see 1. R S., p. 491, et seq.

May bor. row $2,500.000 at six per ct.

AN ACT to submit to the people a law authorizing a loan of two mil:
lion five hundred thousand dollars, to provide for the payment of
the floating debt of the State. Passed April 13, 1859—Chap. 271,
p. 586-three-fifths being present.

SECTION 1. The commissioners of the canal fund are hereby authorized to borrow on the credit of the State two million five per annum. hundred thousand dollars, at a rate not exceeding six per cent. per annum, and reimbursable at such periods as shall be determined by the said commissioners, not exceeding eighteen years from the time of making such loan. All the provisions of law in relation to loans made by commissioners of the canal fund, and the issue and transfer of certificates of stock, shall apply to loans authorized by this act, so far as the same are applicable.

Moneys, plied.

how ap

Appropria

tion.

Annual

§ 2. The moneys realized by such loan shall be applied exclusively to the payment of claims against the State not otherwise provided for, for work done on the canals of the State, and for private property appropriated by the State for the use of such canals, and for injury to private property growing out of the construction of the canals, or to the payment of the principal and interest of such loan, and for no other purpose whatever.

§ 3. Two million five hundred thousand dollars is hereby appropriated, to be paid out of the treasury, on the warrant of the auditor of the canal department, from the said moneys, within two years from the time when this act shall take effect, for the payment of claims against the State, specified in the last preceding section, and for the payment of the interest on the loan authorized by this act, which shall become payable prior to the receipt into the treasury of the first annual tax, hereinafter directed to be levied and collected, for the payment of the interest and principal of the loans authorized by this act; but any sum applied to pay interest as aforesaid, may be refunded out of the proceeds of the said taxes when received into the treasury.

§ 4. An annual tax is hereby imposed, and shall be levied and collected in the same manner as other State taxes are levied and collected, sufficient to pay the interest and redeem the principal of the loan hereby authorized, within eighteen years from the time of the contracting thereof. The comptroller shall ascertain and determine what sum, being applied in payment of principal and interest, in the first year after the tax can be collected as aforesaid, and in each succeeding year thereafter, within the period of eighteen years from the time of contracting said loan, will be sufficient to pay the interest and redeem the principal of said loan within said period of eighteen years; and shall in each year apportion the sum so required among the several counties of this State, according to the then last corrected assessment rolls returned to his office, and shall give notice of such apportionment to the boards of supervisors of the respective counties. It shall be the duty of the boards of supervisors of the respective counties to cause the amount so apportioned in each year to be levied, collected and paid to the treasurer of this State, in the same man

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