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or affirm, each for himself, to the correctness of such report, and that he hath not, directly or indirectly, been interested in the business of boarding emigrants, in the transportation. of any emigrant passengers through any portion of the interior of this country, or had made or received directly or indirectly any gain, profit or advantage, by or through the purchase of supplies, the granting of any contract or contracts herein, or licenses, privilege or privileges, or the employment of any officer, servant or agent, mechanic, laborer or other person in the business, under the control of said commissioners.

in case of

§ 11. In case the monies now appropriated by law for the Provision support of the fever and small pox hospitals at quarantine deficiency shall be exhausted during the recess of the Legislature, the of funds. commissioners of emigration may use such portions of the commutation money, collected pursuant to act of May 5th, 1847, for the support of said hospitals, as the Governor, Attorney-General and Comptroller may certify to be necessary for such purpose.

§ 12. This act shall take effect immediately.

CHAP. 220.

AN ACT to amend the act entitled "An act to provide for the enrolment of the militia, and to encourage the formation of uniform companies, excepting the first military division of this state," passed May 13, 1848.

Passed April 11, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. Section fifty-nine of the act entitled "An act to pro- Amendm't vide for the enrolment of the militia, and to encourage the formation of uniform companies, excepting the first military division of this state," passed May 13, 1847, is hereby amended by striking out thereof the words "first day of May," and inserting in lieu thereof the words "fifteenth day of July."

§2. This act shall take effect immediately.

Damages to be ap

CHAP. 221.

AN ACT for the relief of Jacob M. Schermerhorn and
Abraham M. Schermernorn.

Passed April 11, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§1. The canal appraisers are hereby authorised and repraised and quired to ascertain, appraise, and award the damages if any, awarded. which the state ought to pay, sustained by Jacob M. Schermerhorn, and Abraham M. Schermerhorn, or the parties represented by them, in consequence of the appropriation by the state of certain lands situate in the city of Rochester belonging to them, or either of them, or those whom they represent, made in the construction of the Genesee valley canal, in the same manner as if application had been made within the time required by law, and to award to said Jacob M. Schermerhorn, and Abraham M. Schermerhorn, the amount of damages so sustained according to the provisions of the Revised Statutes, part first, chapter ninth, article third of title ninth, of the appraisement of damages subject to appeal to the canal board, according to the provisions of said article.

Amount when to be paid.

Writs of

error.

§2. The commissioners of the canal fund are required to pay to the said Jacob M. Schermerhorn and Abraham M. Schermerhorn, or to their legal representatives, the amount of such award found in accordance with the provisions of the preceding section, out of any moneys appropriated or to be appropriated for the payment of canal damages.

§ 3. This act shall take effect immediately.

CHAP. 222.

AN ACT to amend the third section of the act passed December 14, 1847, entitled "An act to amend the act entitled an act in relation to the judiciary," passed May 12, 1847.

Passed April 11, 1848.

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

§1. The last paragraph of the third section of the act passed December 14, 1847, entitled "An act to amend the act, entitled an act in relation to the Judiciary," passed May 12, 1847, is hereby repealed, so that hereafter in all cases, writs of error issued either to the superior court or to the court of common pleas of the city of New-York, shall be issued from the court of appeals.

§ 2. This act shall take effect immediately.

CHAP. 223.

AN ACT to pay John R. Green the avails of certain escheated lands.

Passed April 11, 1848, "by a two-third vote."

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

be paid.

§1. The treasurer shall pay on the warrant of the com- Money to troller to John R. Green, of the town of Phelps, in the county of Ontario, the sum of four hundred and three dollars and fifty-three cents, being the nett amount received into the treasury of this state, for Nicholas Grear's escheated lands in Geneva.

§ 2. This act shall take effect immediately.

CHAP. 224.

AN ACT to provide for the publication of the reports of the court of appeals.

Passed April 11, 1848, "three-fifths being present," The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The seventy-third section of the act entitled "An act in relation to the judiciary," passed May 12, 1847, is hereby

amended so as to read as follows:

appointed.

§ 73. There shall be a reporter of the decisions of the State recourt of appeals, to be denominated "State Reporter," who rented. shall be appointed by the governor, lieutenant-governor, and attorney-general, and hold his office three years from the date of his appointment; but may be removed, by the concurrent vote of both branches of the legislature. It shall be his duty to report every cause argued and determined in that court, which it shall direct him to report, and such others as the public interest shall in his judgment require. To enable him Judges to to perform this duty, the judges of the court shall deliver to with writhim such written opinions as they shall prepare upon ques- ions. tions of law. Every decision of the said court which shall be reported, shall be so reported as soon after the same is made as practicable; and if the reporter shall neglect faithfully to perform his duty, it shall be the duty of the said court to report that fact to the legislature, to the end that he may be removed from office.

furnish him

ten opin

how and

terms to be

2. The reporter shall have no pecuniary interest in such Reports reports, but the same shall be published under the supervision on what of the reporter, by contract to be entered into by the repor- published ter, secretary of state and comptroller, with the person or and sold. persons who, in addition to furnishing the said secretary of

Copy right not to be

secured.

Half vol. may be

published

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state sixty-four copies of each volume, shall agree to publish and sell the said reports on terms the most advantageous to the public, and at a rate not exceeding the price of three dollars for a volume of five hundred pages; regard being had to the proper execution of the work. And before entering into said contract, it shall be the duty of the said reporter, secretary of state and comptroller, to receive and consider all proposals for the publication of said reports, which may be made to them.

§ 3. It shall not be lawful for the reporter or any other person within this state, to secure or obtain any copy-right for said reports, notes or references, but the same may be published by any persons.

§4. As often as the reporter shall have prepared for publication sufficient of the reports, with notes and referenin pamph- ces, to constitute two hundred and fifty pages, of the usual size of law reports, he shall cause the same to be published in pamphlet form, with such headings as will appear in the bound volumes, and shall furnish a copy thereof to each county clerk's office, at the expense of the state, and keep the same on sale at contract prices for all persons who may want to purchase; such printing to be done by the person who shall contract to publish the reports under this act, at and in proportion to the prices stipulated in his contract. § 5. This act shall take effect immediately.

Repeal.

CHAP. 225.

AN ACT to repeal the act passed December 15, 1847, entitled "An act to pay Henry Storms a compensation for extra services rendered the State."

Passed April 11, 1848.

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

§ 1. The act passed December 15, 1847, entitled "An act to pay Henry Storms a compensation for extra services rend red the state," is hereby repealed.

e § 2. This act shall take effect immediately.

CHAP 226.

AN ACT for the relief of Mer al Dempsey, widow of John Dempsey, an alien, late of Litchfield in the county of Herkimer, deceased.

Passed April 11, 1848, "by a two-third vote." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

the state

§ 1. All the estate and interest of the people of this state Interest of in and to the lands and premises in the town of Litchfield, released. in the county of Herkimer, whereof John Dempsey died seised and possessed, acquired by the escheat of the same, are hereby released to and vested in Merial Dempsey, widow of the said John, her heirs and assigns forever.

clause.

§ 2. Nothing contained in this act shall affect the title of Saving any citizen of the United States to the premises above mentioned, or any part thereof, or the rights of any creditor or purchaser of the said John Dempsey deceased.

CHAP. 227.

AN ACT in relation to the Commissary General.

Passed April 11, 1848.

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

be given.

§1. The commissary general shall give security for the Bond to faithful execution of the duties of his office, by bond with not less than two sureties in the penal sum of twelve thousand dollars.

CHAP. 228.

AN ACT in relation to school district No. 12, in the towns of Milton and Ballston in the county of Saratoga. Passed April 11, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

children in

§ 1. The trustees of school district number twelve in the School for towns of Milton and Ballston, in the county of Saratoga, are factories hereby directed and empowered to set apart from the school monies appropriated to such district, an amount equal to that which is drawn by the enumeration of children under the age of sixteen, who work in any manufacturing establishment in said district, for the purpose of establishing an evening school.

to be em

§ 2. The trustees of said district are hereby directed to Teacher employ a suitable teacher, who shall commence an evening ployed.

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