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of court

shall issue

summons to

appear be-
fore com-
missioners.

When'Judge is pending, or if any notice to take the testimor
shall issue of witnesses in this State, shall have been issued
witness to any other State of the United States in any su

therein pending, pursuant to the statutes of sa
State, on producing such commission or such noti
ito' a justice of the supreme court, or the judge
the county court of any county, and on due proc
being made to such officer that the testimony (
any witness residing in this State is material to ti
party desiring the same, such officer shall issue
summons to such witness, requiring him to appe:
before the commissioners named in such commissio
or before a commissioner for the State in which sai
notice was issued and said suit is pending, or befoi
any officer designated in said commission, or in sai
notice by his title of office, to testify in said suit.

S2. Section thirty-one of said article is here:

amended to read as follows:

§ 31. Such summons shall specify the time ar

place at which such witness is required to attent

the place shall be within the county in which sud

witness resides, or within forty miles of his resident

if out of his county; and such witness shall be pai

the sum of two dollars for each day of his attent

ance in obedience to said summons, and eight cen

per mile for his necessary travel in going to sai

place.

Chap 69.

AN ACT in relation to the minutes and recori

of the Surrogate's Court of Albany county.

Passed March 9, 1867.

The People of the State of New York represented i

Senate and Assembly, do enact as follows :

SECTION 1. In case there shall be found in ti

office of the surrogate of the county of Albany, an
orders, decrees, probates, certificates or other offici
papers, duly made, granted or rendered by an
surrogate of said county, but which have not bee
signed, entered, filed or recorded in accordance wit

the provisions of law or the practice of surrogates' courts, it is hereby made lawful for the present or any future surrogate of the said county to sign, enter, file, record or certify the same. And when the same shall have been so signed, entered, filed, recorded or certified, it shall be with the same force, effect and validity as if it had been done by the surrogate making, granting or rendering the same. But nothing in this act contained shall be taken or held to ratify or confirm, by act of the legislature, any void or illegal act of any surrogate.

§ 2. This act shall take effect immediately.

Chap. 70. AN ACT to release to Julia Conners, the estate,

right, title and interest of the people of the State of New York, of, in and to a certain piece of land, situate in the town of Brighton, and county of Monroe, of which Thomas Murphy died seized or possessed.

Passed March 9, 1867; by a two-thirds 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 the State of New York by escheat, of, in and to the following described premises, viz.:

"All that certain piece or parcel of land situate in the town of Brighton, county of Monroe, and State of New York, being fourteen acres to be taken off the south side throughout the whole length thereof, easterly and westerly, of all that general tract or parcel of land in the town aforesaid described as follows: Commencing in the center of the Genesee river on the east boundary line between the premises hereby intended to be conveyed and lands belonging to the estate of Simeon Lewis, late of said town, deceased; thence southerly on said boundary line eighteen chains and twenty-two links to the north division line of lot number eighty; thence westerly

of land interly, of all thole lengt

on said north line seventeen chains and ninety-eigh links to land owned by Mrs. Susannah Thompson thence northerly parallel with the said boundary lin first mentioned to the Genesee river; thence alon; the center of the said Genesee river to the place of beginning, containing thirty acres of land and 1 fraction of an acre, be the same more or less, and described in a deed from Sophia Ohurch to Thoma Murphy, recorded in Monroe county clerk's office, ir liber one hundred and seventy-five of deeds, at page four hundred and thirty-seven, is hereby released to Julia Conners, subject, however, to the rights of any purchaser, devisee or heir-at-law, and to the claims of any creditor, by judgment, mortgage or otherwise.

$ 2. This act shall take effect immediately.

Whitehall,

Chap 71.
AN ACT authorizing the Canal Board to appoint

a canal boat inspector at Whitehall, in the

county of Washington. . Passed March 9, 1867; three-fifths being present.

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

SECTION 1. For the purpose of protecting the interests of the State in its property, revenue and

tolls, the canal board is hereby authorized to appoint Inspector at an inspector and measurer of lumber and of boats

and their cargoes at Whitehall, in the county of Washington, who shall possess all the powers and perform all the duties now imposed by law upon such officers, and receive such compensation for his

services as may be fixed by the canal board. In His duties addition to the foregoing powers and duties, the said

inspector shall have power and it shall be his duty to regulate and station - all vessels, boats, rafts and other craft in the harbor of Whitehall, within the corporate limits of the village of Whitehall, and from time to time to remove such vessels, boats or other craft as may not be employed or detained in discharging or receiving cargoes or loading, to

and powers.

I not remove o of u

accommodate other vessels, boats or other craft to load or unload, and to prevent all vessels, boats, rafts and other craft from obstructing for an unreasonable length of time, the entrance of boats, rafts and other craft into the Champlain canal at Whitehall, aforesaid.

S 2. The said inspector shall have power and it shall be his duty to determine, how far and in what instances the masters and others having charge of vessels, boats or rafts shall accommodate each other in their respective situations and locations in said barbor; and if any master or other person having charge or control of any vessels, boats or rafts Fithin the limits aforesaid, shall neglect or refuse to obey the direction of said inspector in matters within his authority, or if any person shall resist or oppose said inspector in the execution of the duties of his office, such person or persons shall, for every such offense, forfeit and pay the sum of twenty-five Penalty for dollars, to be recovered with costs in the name of inspector. the people of the State of New York, in any court having cognizance of the same, and all moneys so collected shall be paid over to the collector of canal tolls at Whitehall, aforesaid, who shall account for and pay over the same to the Treasurer of this State.

S 3. All acts and parts of acts inconsistent herewith, are hereby repealed.

$ 4. This act shall take effect immediately.

Chap. 72.
AN ACT declaring the east branch of Conewango

creek, known as Kendall creek, a public high· Way, and for other purposes.

Passed March 9, 1867. The People of the State of New York, represented in Senate and Asembly, do enact as follows:

SECTION 1. All that part of Kendall creek, in the town of Villanova, Chautauqua county, and in the towns of Leon and Dayton, Cattaraugus county, and which is described as follows, is hereby declared

BHs, and runnithe mills for to be a publiai from Locowanda roadhence up said

to be a public highway, to wit: commencing in th town of Villanova at a point to which said strear has heretofore been declared to be a public highway and at or near the mills formerly known as Kent mills, and running thence up said creek as far eas as the Gowanda road, that is to say, a road leadin from Leon Centre to Gowanda.

S 2. The parties owning land upon said creel or who shall have occasion to use said stream i floating or rafting logs or lumber thereon, are hereb; authorized and empowered to raise the bridge already constructed on the same at their own cos and expense; and the commissioners of highways oj said towns are hereby directed and required, in th construction of bridges hereafter on said stream, t construct and build them at least five feet abov high water mark.

S 3. Individuals owning mills on said stream or who shall hereafter construct mills thereon, shal provide cut-offs or side basins for storing or holding their logs or lumber, so as not to obstruct th passage of logs, lumber or flat boats thereon.

S 4. This act shall take effect immediately..

Chap. 73. AN ACT to enable the board of education of Union free school district number one, of the town of Tonawanda, Erie county, to borrow money to build a school house and to issue the bonds of the district therefor.

Passed March 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of education of union free school district number one, in the town of Tonawanda, and county of Erie, are hereby authorized to borrow twenty thousand dollars to build a school house, and to issue the bonds of the district therefor, signed by the president and clerk of said board of education, the same to be made payable in five

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