account of the neglect or failure on the part of the canal commissioners to construct a bridge over the enlarged canal in the town of Canajoharie, on his premises, and for lands taken for the use of said canal, for which said Beach has received no compensation; they shall make such award therefor as shall be in their opinion just; such appraisement and award, if any be made, shall be subject to appeal to the canal board as in other cases.

§ 2. The treasurer shall pay, on the warrant of the auditor, to the said Ephraim Beach, such sum as shall be awarded by virtue of this act, out of any moneys in the treasury which shall hereafter be appropriated for the enlargement of the canals of this state.

Chap. 469.

AN ACT to amend an act entitled "An act to provide for the incorporation of insurance companies," passed April tenth, eighteen hundred &nd forty-nine.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section eight of an act entitled "An act to provide for the incorporation of insurance companies," passed April tenth, eighteen hundred and forty nine, is hereby amended by adding thereto as follows;

But any surplus accumulation over and above the capital stock of any such company, may be invested in or loaned upon the pledge of the public stock of any one of the United States, or the stock, bonds or other evidence of debt of any institution incorporated under the laws of this state, except their own stock; provided that the current market value of such corporate stocks, bonds or other evidence of debt, shall be at the time of the loan thereon at least ten per cent. more than the sum so loaned thereon: Provided, however, that any permanent

1

or reserved fund established or created by such company shall be invested in the same manner as capital stock is required to be, except that the restriction as to the securities being at par shall not apply thereto.

§ 2. This act shall take effect immediately.

Chap. 470.

AN ACT to prevent Frauds in the sale of tickets
to Passengers upon Railroads, Steamboats and
Steamships.

Passed April 15, 1857.

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

SECTION 1. No person other than the agents or em-
ployees of railroad, steamboat, or steamship companies of
this state, duly appointed by them for that purpose, by a
proper authority in writing, shall offer for sale or sell
within this state, any ticket or tickets, or any printed or
written instrument issued by, or purporting to have been
issued by any railroad, steamboat or steamship company
in this state or elsewhere, for the transportation of any
passenger or passengers, upon any such railroad, steam-
boat or steamship, or any instrument wholly or partly
printed or written, delivered for the purpose or upon the
pretence of the procurement to such passenger or passen-
gers, of any such ticket or tickets, or in any other man-
ner, charge, take or receive any money as a consideration
or price for such passage, or for the procurement of such
passage ticket or tickets; and no ticket or tickets or other
evidence as aforesaid, shall be sold or offered for sale by
the said agents or employees, except at the offices desig-
nated for that purpose by the said companies respectively,
and at prices not exceeding their regular established rates.
§ 2. Whenever any person or persons shall be com-
plained of and arrested for violating any of the provisions
of the first section of this act, it shall be the duty of the
magistrate before whom such complaint is made, to take

Sale o.

tickets.

Violation

of act.

Penalty

and reduce to writing, in the presence of the person or persons complained of, the evidence of any witness which may be offered, either on behalf of the prosecution or the party accused, and the depositions so taken shall be respectively subscribed by the witnesses making the same, and certified by the magistrate, and when so taken and certified, the said depositions shall be filed in the office of the clerk of the county in which the same shall be taken. Upon the trial of any person or persons charged with any offence under the provisions of this act, the testimony taken as aforesaid may be read by either party, with the like effect as if the said witness or witnesses were sworn in open court upon said trial; provided it shall appear therein that the witness or witnesses were at the time of taking the same residents of another state, territory or province, or are immigrating from a foreign country, or are residents of this state, and on their way to some other state, territory or province.

§3. Any person violating the provisions of this act, shall upon conviction be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars, or by imprisonment of not less than three months, or by both such fine and imprisonment.

§4. This act shall take effect immediately.

Chap. 471.

AN ACT to amend an act entitled "An act authorising Andrew B. Hodges to construct bulkheads and piers at Crane Neck farm, in the town of Brookhaven, in the county of Suffolk," passed April eight, eighteen hundred and fifty-six, and to confirm the same.

Passed April 15, 1857, by a two-third vote.

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

SECTION 1. The act entitled "An act authorising Andrew B. Hodges to construct bulkheads and piers at Crane

d

Neck farm, in the town of Brookhaven, in the county of Suffolk," passed April eight, eighteen hundred and fiftysix, is hereby confirmed, and section first of said act is hereby amended so as to read as follows: It shall be lawful for Andrew B. Hodges, of the town of Flatlands, Bulkhead. in the county of Kings, his representatives and assigns, are hereby authorised to construct a bulkhead at Crane Neck farm, in the town of Brookhaven, in the county of Suffolk, which bulkhead shall commence at a point marked A, on a map of said Crane Neck farm, made by George Anstice, in eighteen hundred and fifty-four, and run thence west to a point marked B on said map; thence south to a point marked C on said map; thence easterly to a point marked D on said map, which last named point is where the south line of Crane Neck farm strikes Long Island Sound or Smithtown Bay.

§ 2. The state shall not part with any of its rights to State rights the land lying under water between the shores of the said Crane Neck farm and the bulkhead hereby established, until approved of by the commissioners of the land office. §3. This act shall take effect immediately.

Chap. 472.

AN ACT authorising the commissioners of highways, in the town of Cortlandville, in the county of Cortland, to borrow money to re-build and repair the bridges in said town.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Building

SECTION 1. The commissioners of highways, in the town of Cortlandville, in the county of Cortland, are hereby bridges. authorised and empowered to borrow, on the credit of the town, the sum of four thousand dollars, obligating themselves and their successors in office to pay the said *town, in eight equal annual instalments, with annual interest

So in the original.

Levy tax.

Time

changed.

thereon. The money, when so obtained, is to be by said commissioners expended in the re-building and repairing bridges in said town.

§ 2. The money obtained under the provision of the first section of this act, shall be a debt upon the said town of Cortlandville, and be levied upon and collected from the taxable property of said town, as other town taxes are collected, and the money thus collected shall be paid over to the commissioners of highways, to be applied by them in payment of the loan made by virtue of this act.

§ 3. This act shall take effect immediately.

Chap. 473.

AN ACT to change the time of holding the annual election of the Watertown and Rome Railroad company.

Passed April 15, 1857.

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

SECTION 1. The time for holding the annual election of the Watertown and Rome railroad company, is hereby changed to the first Wednesday of June in each year; and all provisions of the charter of said company, and of laws applicable to such election as heretofore required to be held, shall apply to the same as required to be held by this act.

§ 2. This act shall take effect immediately.