fence to be by fence division fences existing between such adjoining owners at the time of such sale, or on receiving such devise a subdivision of such division fence shall then be made by all the adjoining owners affected thereby, and each adjoining owner shall refund to the owner of the adjoining land a just proportion Value of of the value at the time of such sale, or on receiving such determined devise, of any division fence that shall have been theretofore viewers. made and maintained by such adjoining owner, or that shall have been made and maintained by the persons from whom he received such title, or the adjoining owner shall build his proportion of such division fence. The value of such fence, and the proportion thereof to be paid by such person, and the proportion of the division fence to be built by him, shall be determined by any two of the fence viewers of the town. S 5. Section thirty-nine of said article is hereby amended so as to read as follows: person may fence. 39. If any person who shall have made his proportion of In what case a division fence shall be disposed to remove his fence and remove suffer his lands to lie open to the public, he may do so, provided such farm or lands are not one-half or more cleared or improved, at any time between the first day of November in any one year, and the first day of April following, but at no other time, giving ten days' notice to the owner or occupant of the adjoining land of his intention to apply to the fence viewers of the town for permission to remove his fence; and if, at the time specified in such notice, any two of such fence viewers, to be selected as aforesaid, shall determine that such fence may with propriety be removed, he may remove the same. Ante, vol. 1, p. 327. S6. Section forty-three of said article is hereby amended so as to read as follows: duties and viewers. § 43. Witnesses may be examined by the fence viewers on Powers, all questions submitted to them; and either of such feuce fees of viewers shall have power to issue subpoenas for, and to administer oaths to said witnesses, and each fence viewer and witness thus employed shall be entitled to one dollar and fifty cents per diem; such fence-viewers or a majority of them, shall determine what proportion thereof shall be paid by each of the parties interested in such division fence, and reduce their determination to writing, and subscribe the same and file it in the office of the town-clerk where such fence viewers shall reside; the party refusing or neglecting to pay. such fence viewers, or either of them, shall be liable to be sued for the same with costs of suit. Duties on sales by auction. On wines, etc. Goods from beyondCape of Good Hope. Other wares How to be calculated. Agents of comptroller. CHAP. 547. AN ACT to amend chapter sixty-two of the Laws of eighteen hundred and forty-six, and other acts additional to the same. PASSED April 13, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows : 1. Section one of chapter sixty-two of the Laws of eighteen hundred and forty-six, is hereby amended so as to read as follows: All goods, wares and merchandise, and every other species of personal property, which at any time shall be exposed to sale by public auction, or offered for sale by sample or otherwise by brokers, with the exceptions mentioned in the second section of this act, and in the fifth section of title one, chapter seventeen, of part one of the Revised Statutes, shall be subject, each and every time that they shall be sold, to fees or duties at the following rates, namely: 1. All wines and ardent spirits, foreign or domestic, at the rate of one dollar on every one hundred dollars. 2. All goods, wares, merchandise and effects, imported from any place beyond the Cape of Good Hope, at the rate of fifty cents on every one hundred dollars. 3. All other goods, wares, merchandise or effects, which are the production of any foreign country, at the rate of seventyfive cents on every one hundred dollars. These fees shall be calculated on the sums for which the goods so exposed or offered for sale shall be struck off or sold, and shall in all cases be made by the person making the sale; and the account, to be made in writing as directed by section twenty-seven of title one of chapter seventeen of part one of the Revised Statutes, shall be made by every auctioneer and broker under oath, on the first Monday in July and January in each year, subject to the penalties for non-compliance imposed upon auctioneers in said title. One-half of the fees or duties to which damaged goods are now subject shall be paid into the treasury of the state. Ante, vol. 3, p. 659; vol. 1, p. 489. S 2. Section two of chapter three hundred and ninety-nine of the Laws of eighteen hundred and forty-nine is hereby amended so as to read as follows: The comptroller is hereby authorized to employ an agent or agents, whose duty it shall be to carry this act into effect, who shall examine, as often as twice in each year, and whenever the comptroller shall deem it necessary, the books and accounts of sales kept by the auctioneers, who shall have given bonds for the payment of fees or duties on goods sold at public auction, and of brokers who shall have given bonds for the payment of fees or duties on goods vended by them, as specified by law. The compensation of such agents shall be fixed by the comptroller; and such agent or agents shall have full power to administer an oath to each auctioneer or broker, and to require such information as may be uecessary to ascertain the true amount of goods sold by such broker or auctioneer. Ante, vol. 3, p. 662. auctioneers. S3. No person authorized to exercise the office of an auc- Bonds of tioneer shall execute the duties of such office, and no broker engaged in selling goods, wares, merchandise or effects, subject to fees or duties by the laws of this state, shall engage in such business until such broker or auctioneer shall have entered into a bond to the people of this state, with two sufficient freeholders as his sureties, in the penalty of five thousand dollars each, conditioned for the faithful performance of the duties of his office, and for the payment of the fees or duties that are or shall be imposed by law, and that shall accrue on sales made by him or under his direction, by virtue of his office. Such bond shall be taken and approved by the agent Approval, appointed by the comptroller, in pursuance of chapter three hundred and ninety-nine of the Laws of eighteen hundred and forty-nine; but if executed in a city where there is no such agent, it shall be taken and approved by the mayor or recorder of such city; and if executed by an auctioneer appointed for a county, shall be approved by a judge of the county court for such county; such bond when executed shall be transmitted to the comptroller, within ten days after such execution, and a copy placed on file in the office of the agent, or where there is no agent, in the office of the county clerk of the county in which the same shall have been taken and approved. The fees to be paid to the agent approving such Fees of bond shall be five dollars; and for approval of the returns to be made of sales, three dollars; and for filing the duplicate copy of the aforesaid bond, fifty cents; every broker or auc- Misdetioneer who shall sell any goods, wares, merchandise or effects, as specified in this act without having filed the bonds required by law, or who shall neglect to make or render the accounts, or pay over the duties required by law, shall be deemed guilty of a misdemeanor, and punished by imprisonment not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. agent. meanor. Limit of confinement of cattle in cars. What company may do when Owner feed. CHAP. 560. AN ACT for the preservation of the health of animals for human food. PASSED April 13, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. No railroad company in this state, in the carrying and transportation of cattle, sheep or swine, shall confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storms or other accidental canses, without unloading for rest, water and feeding for a period of at least ten consecutive hours. In estimating such coufinement, the time the animals have been confined without such rest on connecting roads from which they are received shall be computed, it being the intention to prevent their continuous confinement beyond twenty-eight hours, except upon the contingencies herein stated. Nothing in this act contained shall require the unloading of cattle, sheep or swine from the cars of the Buffalo and State Line railroad before their arrival at Buffalo, and the Atlantic and Great Western railroad before they arrive at Salamanca. $2. Provided the owner or person in charge of said animals refuses or neglects to pay for the care and feed of animals so neglects to rested, the railroad company may charge such expense to the owner or consignee, and retain a lien upon the animals until the same is paid; and provided further, that no claim of damages for detention shall be recovered by the owner or shipper of any animals for the time they are detained under the provisions of this act.. Penalty for violation of act. in $3. Any railroad company, owner, consignee or person charge of said cattle, sheep or swine, who shall violate any provision of this act, shall, for each and every such violation, be liable for and forfeit and pay a penalty in the sum of one hundred dollars, to be sued for and collected in any court having jurisdiction, by any person, in the name of the people of the State of New York, one-half of the penalty, when collected, to belong to the informer and the balance to be paid to the state treasurer of the State of New York. $ 4. This act shall take effect immediately. CHAP. 564. AN ACT to provide for the distribution of the safety fund. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of receivers S1. Within thirty days after the passage of this act, the Statement superintendent of the banking department shall require from of banks. the receiver or receivers of any insolvent safety fund bank, whose circulation account has not been closed by the payment or discharge according to law of all lawful claims upon it; and every such receiver shall within thirty days after he is so required, make a report to said superintendent, which report shall be under oath, and shall contain a statement: standing. 1. Of the total amount of the circulating notes of the bank Notes out of which he is the receiver, outstanding at the time when such receiver entered upon his trust. received ditures. 2. Of the total amount of the moneys received by him as Moneys such receiver, or by any person on his behalf, from the assets and exper or property of said bank, and of the total expenditures made by him therefrom for any purpose whatsoever in the execution of his trust, so as to show the net amount realized from such assets, and the amount actually applied or paid out by him in or toward the redemption of said circulating notes, with the par value of the notes so redeemed. 3. Of the assets, available or otherwise, belonging to such Assets. bank, still remaining undisposed of in the hands of the receiver, with an estimate of the value of the same. 4. The amount of the circulation of such bank outstanding Circulation. at the date of such report. refusal to ment. $ 2. If any such receiver shall refuse or neglect to make Penalty for such report within such time, not less than thirty days, as the make statesuperintendent shall require, he shall forfeit and be liable to pay the sum of one hundred dollars, to be sued for by the superintendent in his name of office. superinten $ 3. The superintendent, immediately upon receiving all of Duty of said reports, or within ten days after the expiration of the dent. time allowed for the filing of the same, shall proceed to ascertain from said reports, or if all of said reports shall not have been received, then from such other evidence as he shall deem satisfactory, the whole sum required to pay off and satisfy the whole of said circulating notes, and the whole sum required to pay off and satisfy the circulating notes of each of said banks. Whenever a portion of the circulating notes of any of said banks shall have been redeemed by any of said receivers by paying a certain per cent thereof, and giving certificates for the unpaid balance, such certificates shall be treated by |