fore levy of tax. of a majority of the tax payers of said town of Afton owning or representing, as agent, president or otherwise, including owners of non-resident lands, more than one-half of the taxable property of said town, assessed and appearing upon the assessment roll for the year eighteen hundred and sixty-seven, that the tax herein authorized for the purposes aforesaid may be levied on and collected from the property of the town, as in this act provided; and said commissioners shall not proceed with their duties under this act, except to obtain the terms on which the rights mentioned in the first section can be procured, nor shall said supervisor countersign said bonds, until the consent of a majority of the tax Certificate payers representing a majority of the property, as hereinbefore provided for, shall first be obtained, proof of shall be made by a certificate of one of the assessors of said town filed in the town clerk's office, and shall be verified by the affidavit of one or more of said commissioners filed in the town clerk's office, that the said consent of a majority of the tax payers was fairly and honestly obtained. thereof to be ma and filed. Canal appraisers to hear and determine claims. § 9. This act shall take effect immediately. Chap. 340. AN ACT for the relief of Theodocia Wall, Am- Passed April 27, 1868; three-fifths being present. SECTION 1. The Canal Appraisers are hereby authorized and required to hear and determine the claims of Mrs. Theodocia Wall, of the town of Lysander, in the county of Onondaga, Amasa P. Hart, Oliver Breed, George G. Breed, Edmund Merry and Daniel Hubbard, of the town of Schroeppel, in the county of Oswego, and Joseph J. Glass and Edwin P. Hopkins, of the city ther Year this of Syracuse, in the county of Onondaga, for damages fled. 2. The claims for damages under this act, of each claims; and every of the persons aforesaid, shall be filed with when to be the Canal Appraisers within three months from and after the passage of this act, in accordance with existing laws, regulating the filing of claims with the Canal Appraisers, or be forever barred of any right to claim damages under this act. how paid. § 3. The Treasurer shall pay, on the warrant of the Awards; Auditor of the Canal Department, to the persons hereinbefore mentioned, or either of them, such sum or sums as may be awarded to them, or either of them, under the provisions of this act, out of any moneys in the treasury appropriated, or to be appropriated for the payment of canal damages. 4. This act shall take effect immediately. Chap. 341. AN ACT to incorporate the Ocean Rock Division Passed April 27, 1868. The People of the State of New York, represented in SECTION 1. James Miller, Michael Power and Martin Corpora- tors. such other persons as now are or hereafter shall become associated with them, are hereby constituted a body corCorporate porate by the name and title of the Ocean Rock Division number thirty of the Sons of Temperance. name. Objects of corporation. By-laws. Corporation may hold real and person General § 2. The object and purpose of said corporation shall be to promote temperance among its members, and to accumulate a fund for their aid in case of distress, disability or sickness. § 3. The said corporation shall have power to prescribe by-laws, rules and regulations for the government of its affairs, for the admission and expulsion of its members, for the election of its trustees and other officers, and to enable it to carry out the object of its incorporation. § 4. The said corporation is hereby authorized to take and hold real and personal estate to an amount not al estate. exceeding in value three thousand dollars, and may sue and be sued, and shall possess all the powers of an ordinary corporation, subject to the provisions of title three, chapter eighteen of part first of the Revised Statutes, so far as the same are applicable. powers. Duty of canal appraisers. § 5. This act shall take effect immediately. Chap. 342. AN ACT for the relief of the city of Rochester. SECTION 1. The Canal Appraisers are hereby authorized and required to examine the claim of the city of Rochester, for damages alleged to have been sustained by said city in the month of March, eighteen hundred and sixty-five, by the flow of water through the Genesee Valley canal and the Genesee feeder into the Erie canal, and over and through the north bank of the Erie canal, and through the streets of said city, between the north bank of the Erie canal and the Genesee river, tearing up said streets, destroying a culvert, and doing other damage, as is alleged; and for that purpose may view the grounds and take such evidence, and in such manner as to said Appraisers may seem necessary or proper; and if the facts proved or appearing to the satisfaction of said Appraisers shall, in their opinion, make out a case of negligence on the part of the State which would create a legal liability were the same established in evidence against a corporation or individual in a court of justice, they shall award damages therefor to said city, to be estimated on the legal principles governing the measure of damages in actions at law against individuals or corporations for damages resulting from similar negligence. Either party, however, may appeal to the Appeals. Canal Board from the decision and award of said Appraisers, as in other cases. But it is hereby especially declared that nothing herein contained is to be taken or construed as expressive of an opinion on the part of the Legislature, that there exists any just or legal claim against the State, and that the sole purpose of this section is to create a tribunal which may adjudge whether there be a just and legal claim, and if there be, the amount thereof. Proviso § 2. The Treasurer shall pay, on the warrant of the Auditor of the Canal Department, such sum, if any, as may be awarded in pursuance of the first section of this act, to the treasurer of the city of Rochester, out of any money in the treasury appropriated, or to be appropriated, for the payment of canal damages, and the same shall be applied by said city treasurer to redeem the Awards; bonds of said city with the proceeds of which said streets plied. and sidewalks were repaired. § 3. This act shall take effect immediately. Chap. 343. AN ACT to incorporate the Union Foundry Passed April 27, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: how ap SECTION 1. Bernard C. Higgins, Charles Phelps, Corpora Patrick Curley, George Gross, Richard Galvin, William tors. Act of 1868. Chap. 344. AN ACT to amend an act entitled "An act to amend an act entitled 'An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fresh water fish, passed May thirteenth, eighteen hundred and sixty-seven,'" passed January twenty-fourth, eighteen hundred and sixtyeight. Passed April 27, 1868; three-fifths being present. ⚫ The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter three of the Laws of eighteen hundred and sixty-eight, entitled "An act to amend an act entitled 'An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fresh water fish, passed May thirteenth, eighteen hundred and sixty-seven,' passed January twenty-fourth, eighteen hundred and sixty-eight," is hereby amended so as to read as follows: Section eighteen, of chapter eight hundred and ninetyeight, of the Laws of eighteen hundred and sixty-seven, entitled "An act to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fresh water fish," passed May thirteenth, eighteen hundred and sixty-seven, is hereby amended. by adding thereto the following: "But nothing in this act contained shall apply to fish caught, or to the taking of fish in the waters of Lake Ontario, or any of its bays or estuaries, or to the River St. Lawrence, within the counties of Jefferson, Oswego and St. Lawrence." § 2. This act shall take effect immediately. |