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CHAP. LV.

AN ACT to amend an act, entitled An act confirming an alteration made in a certain Road or Highway in the town of Cortland, in the County of Westchester, east of William D. Evertson's house, in the village of Peekskill, authorising the Commissioners of Highways in the Town of Cortland, in said County, to open the sume," passed April 17, 1822.

Passed March 7, 1823.

WHEREAS there is a number of buildings on said road, and said Preamble act is found, by experience, to be unequal in its operation-Therefore,

act repealeti

BE it enacted by the People of the State of New-York, re- Part of an presented in Senate and Assembly, That so much of the above entitled act, as authorises the levying a tax on the inhabitants of the town of Cortland, in the county of Westchester, is hereby repealed: Provided, should the inhabitants residing on that part of Proviso the road or highway, so altered, as mentioned in the act to which this is an amendinent, hereafter deem it expedient to cause the buildings on the said road or highway to be removed, according to the provisions of said act, the inhabitants on that part of said Load or highway, so altered, shall pay all the expenses of such removal.

CHAP. LVI.

AN ACT for the Improvement of the School Fund.

Passed March 8, 1823.

ral to sell cer

I. BE it enacted by the People of the State of New-York, re- Duty of sur presented in Senate and Assembly, That the surveyor-general be veyor gene and he is hereby authorised and directed to sell, under the direc- tain lands e tion of the commissioners of the land-office, in such manner, at such time, and upon such terms or conditions, as to them shall appear most beneficial for the interests of the school fund, all the lands which have been purchased for, or on behalf of the state, by the attorney-general, pursuant to law, before the thirty-first day of December, one thousand eight hundred and twenty-two.

Monies longing to school fund

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II. And be it further enacted, That whenever there shall be remaining in or paid into the treasury, any money belonging to the capital of the school fund, it shall be the duty of the comptrol- how funded ler to invest the same in such of the public stocks of this state, as the comptroller and secretary of state shall deem the most for the advantage of the interests of the school fund; or if they shall deem it to be more for the interests of such fund, the comptroller may invest such money in the next loan thereafter to be made by the commissioners of the canal fund, or by such other public agent or agents as may be authorized to borrow monies and issue certificates of stock upon the credit of the state; and it shall be the duty of the commissioners of the canal fund, and of such other public agent or agents as aforesaid, to receive all such investments of any portion

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of the capital of the school fund, at the same rate, and on the most favourable terms to the school fund, upon which monies shall be borrowed and stock issued by him or them at the time of such investment, and certificates of said stock shall be taken for such investments in the name of the comptroller for the time being, in trust for the school fuud, which trust shall be specially expressed in every certificate.

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III. And be it further enacted, That it shall be lawful for the treasurer, on the warrant of the comptroller, to pay the entire sum of eighty thousand dollars, appropriated by the act entitled act to change and increase the fund for the support and encouragement of common schools, and for other purposes," to be distributed in the current year for the benefit of common schools, notwithstanding there may be a deficiency in the revenue arising from the specific funds set apart for that purpose: Provided, such deficiency shall not exceed eight thousand dollars,

Penalty for

CHAP. LVII,

AN ACT to prevent the obstruction of the Nursery Brook in the Towns of Guilford and Bainbridge, in the County of Chenango.

Passed March 8, 1823.

BE it enacted by the People of the State of New-York, reobstructions presented in Senate and Assembly, That if any person shall, from and after the first day of September next, cut down any tree or trees, or shall discharge any logs or branches of trees, or other timber, or shall throw in any slabs, or suffer them to float frem his or their mill, on the Nursery Brook in the towns of Guilford and Bainbridge, in the county of Chenango, and shall not remove the same within two days after notice shall be given to him for that purpose, out of said brook, such person or persons shall, for each and every such offence, forfeit the sum of five dollars, and the like sum of five dollars for every two weeks such obstruction shall remain in said brook, to be recovered with costs of suit, in any court having cognizance thereof, by the overseers of the poor, whose duty it shall be to sue for and collect the same, for the benefit of the poor of the town where such offence shall be committed: Provided, That this act, or any thing herein contained, shall not prevent any person from erecting any dam or dams across said. brook, for mills or other useful machinery, or to prevent any person from floating boards or timber to or from such mills as now are, or shall hereafter be built.

Proviso

CHAP. LVIII.

AN ACT to regulate the Culling of Staves and Heading in the
City and County of New-York.

Passed March 8, 1823.

be cuiled by

in what man

ner.

I. BE it enacted by the People of the State of New-York, repre- Staves for sented in Senate and Assembly, That no staves or heading shall exportation to be exported out of this state to any foreign market but such as shall Cullers, and be culled by cullers, as hereinafter directed; That all butt staves shall be made of good white oak timber, and shall be of the following dimensions: the long butts shall be five feet six inches long, the short butts four feet six inches long, and both at least five inches broad when dressed, clear of sap, two inches thick on the thinnest edge, and not more than two and an half inches thick in any place, and shall be regularly split with the grain of the wood and free from twist, and be otherwise good and sufficient: That all pipe staves shall be made of good white oak timber, and shall be four feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than six worm holes, and be otherwise good and sufficient: That all white oak hogshead staves shall be made of good timber, and shall be three feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm holes, and be otherwise good and sufficient: That all barrel staves shall be made of good white oak timber, and shall be two feet eight inches long, and shall work three and an half inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and not more than four worm holes, and be otherwise good and sutficient: That all hogshead heading shall be made of good white oak timber, and shall be two feet eight inches long, and shall not be less than five inches broad, clear of sap, two thirds of which shall be fit for middle pieces, and shall not be less than three fourths of an inch thick on the thin edge, regularly split with the grain of the the wood, and be otherwise good and sufficient: That all red oak or rock oak hogshead staves shall be three feet six inches long, three and an, half inches broad, including sap, or three inches broad clear of sap, and shall be three quarters of an inch thick on the thin edge: Provided, That this act shall not in any manner apply to Proviso. staves or butts that may be exported to the Canadian markets from the northern and western parts of this state.

Inspector

New York,&c

II. And be it further enacted, That there shall be appointed an inspector-general of staves and heading for the city and county General to be of New-York, who, before he enters on the execution of the duties appointed in of his office, shall take and subscribe the oath or affirmation re- his powers & quired by the constitution; and the said inspector-general is here- duties. by authorised and required to superintend the cuilers of staves and heading within the said city and county, in order that the laws relative thereto, may be duly executed; and the said cullers are re

Cullers in New-York.

quired to follow such instructions and directions as they or any of them may receive from time to time from the said inspector-general, in relation to the duties required of them by law; and shall as often as once in every month make a return to him of the quantity of staves and heading which they cull, and of whom, specifying the different kinds; and the said inspector-general is hereby authorized and empowered to displace any of the said cullers who shall, in his opinion, act inconsistent with the trust reposed in them, from negligence, incapacity, mal practice, or any other cause; and in case any of the said cullers shall die, be displaced, or resign, the said inspector-general shall as soon as may be thereafter, report such removal or vacancy to the appointing power that may be ereated for that purpose; and where any dispute shall arise respecting the culling of staves or heading, such dispute shall be submitted to the said inspector-general, whose determination thereon shall be filed.

III. And be it further enacted, That there shall, as often as may be necessary, be appointed not less than eight cullers, and not more than ten, for the city and county of New-York.

IV. And be it further enacted, That each of the cullers to be To take an appointed by virtue of this aet, shall take and subscribe the oath or affirmation required by the constitution.

oath.

General not

staves or hea

ding.

V. And be it further enacted, That the said inspector-general and Inspector the cullers of staves and heading in the city and county of New-York to buy or sell are hereby prohibited from buying or selling, either on their own account, or as agent or factor for any other person, any staves or heading whatever, under the penalty of fifty dollars for each offence, to be sued for, recovered and applied as hereinafter mentioned: Provided, That nothing herein contained shall be construed to prevent the said inspector-general or cullers, if they are coopers, and actually carry on that business, from buying staves and heading for their own use.

Proviso.

Fees regu

lated.

VI. And be it further enacted, That the said inspector-general shall be entitled to receive on every thousand merchantable staves and heading which shall be culled in the city and county of NewYork, ten cents; one half to be paid by the buyer the other half by the seller; and for all such staves or heading as are culled out and not merchantable, he shall be entitled to receive from the proprietor thereof, the one half of the above mentioned compensation; and the said cullers in the city and county of New-York shall be entitled to receive as a compensation for culling every thousand pipe staves, the sum of sixty cents; for every thousand hogshead staves and heading, the sum of fifty cents; for every thousand barrel staves, the sum of forty cents; for every thousand long butt staves, the sum of one dollar and twenty cents; for every thousand short butt staves, the sum of one dollar, and no more; one half to be paid by the buyer and the other half by the seller: and for all such staves or beading as are culled out and not merchantable, they shall be entitled to receive from the proprietor thereof the one half of the price for the culling merchantable staves or beading, computing ten hundred staves or heading to a thousand, and no more.

VII. And be it further enacted, That no registered ship or vessel shall take on board any staves or heading whatever, which have not been culled according to law, or which have been culled out

Condemned

and condemned as not merchantable, on any pretence or for any vedere purpose whatever, and it is hereby made the duty of the said in- heading not to be shipped spector-general, and he shall have full power and authority by virand powers tue of this act, on suspicion that any staves or heading which have and duties of not been culled or which have been condemned as not merchant- neral concern Inspector Ge able, shall have been shipped in any such ship or vessel, to entering the sae on board any such ship or vessel, within any harbor, port or river, within the said city and county of New-York, to search for any staves or heading shipped or shipping on board any such ship or vessel, and if he can discover any staves or heading shipped on board any such ship or vessel that have not been culled by one of the cullers appointed according to law, or shall find on board any staves or heading which have been culled out or condemned, or which have been sawed in two, he is hereby required to cause the same to be re-landed, and the same shall be and hereby are forfeited, and the proceeds thereof shall be applied as hereinafter directed; and if any master, owner or consignee of any such ship or vessel, or any other person, shall by threats or violence, prevent the said inspector-general from entering on board any such ship or vessel to make such search, or shall menace or disturb him while en board, and thereby prevent or attempt to prevent him from preforming the duties of his office, every person so offending shall for- Penalty feit the sum of fifty dollars for every such offence, to be recovered by action on the case in the name of the chamberlain of the said city of New-York, which when recovered shall be applied as penalties are to be applied as hereinafter directed.

Penalty on

VIII. And be it further enacted, That if any person shall ship on board any registered ship or vessel, any staves or heading ex-persons shipcept such as bave been viewed and examined by some one of the ping them &c cullers appointed by virtue of this act, the master of such vessel shall forfeit and pay the sum of two dollars and fifty cents for every thousand so taken on board, and the owner or proprietor thereof the sum of five dollars for every thousand so shipped on board, to be recovered, with costs of suit, by any person who will prosecute for the same in any court having cognizance thereof: And further, That if any person shall ship on board any registered ship or vessel any staves or heading that have been condemned as not merchantable, or shall mix the same with any staves or heading that have been culled, every such person upon due proof thereof, shall forfeit and pay the sum of five dollars for every thousand unmerchantable staves or heading so shipped on board or mixed, to be recovered in manner aforesaid.

IX. And be it further enacted, That it shall be the duty of Inspector the said inspector-general to make report annually to the person General to re administering the government of this state, to be laid before the port annually legislature, and in such report he shall set forth whether any, and if any, what amendments are proper to be made to the laws relative to the culling of staves and heading within the said city and county'; and likewise what number of the respective kinds of staves and heading have been culled in the city and county of New-York, in the year for which the said report may be made.

how

applied

X. And be it further enacted, That one moiety of the forfei- Penalties ture to be recovered by virtue of this act, shall be paid to the missioners of the almshouse of the said city, for the use of the

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