Assess

ment of

Cole, for an alleged injury done to his hotel property, situated in the village of Fultonville, Montgomery county, by the erection of a bridge over the canal near said property, iu the year eighteen hundred and fifty-five, and the raising of a high embankment directly in front of said property, and to award such sum as is just, if they shall be satisfied that the state should pay such damages.

§ 2. The state treasurer shall pay, on the warrant of the auditor of the canal department, the sum awarded to said claimant, if any, not exceeding the sum of nine hundred dollars, in pursuance of the first section of this act, out of any money in the treasury appropriated or to be appropriated to the payment of canal damages. § 3. This act shall take effect immediately.

Chap. 491.

AN ACT to provide for the assessment of damages upon the laying out of public highways through unenclosed, unimproved and uncultivated lands.

Passed April 15, 1857.

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

SECTION 1. In every case of the laying out a highway damages. through unenclosed, unimproved and uncultivated lands, the damages shall be assessed in the manner now provided by law in other cases, and where any highway shall have been laid out within twenty years previous to the passage of this act, and the damages occasioned thereby shall not have been assessed, released or paid, such damages may be assessed as aforesaid, when the said highway shall be opened, worked and used, the same as if laid through enclosed, improved and cultivated lands.

§ 2. All acts or parts of acts inconsistent with this act, are hereby repealed.

Chap. 492.

AN ACT to amend the tenth section of the act entitled "An act for the construction of a Work-house in the county of Monroe," passed May twenty-seventh, eighteen hundred and fifty-three.

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:

§ 1. The tenth section of an act, entitled "An act for the construction of a work-house in the county of Monroe," passed May twenty-seventh eighteen hundred and fifty-three, is hereby amended by adding at the end of said section the following: "If any person is committed Fines. to said work-house who has been sentenced to pay any fine, and has not paid the same before such commitment, payment of any such fine imposed on such person may be paid to the superintendent of said work-house, for the use of said county, and shall be applied to the expenses of the said work-house. The said superintendent shall annually account to the board of supervisors for all moneys received by him for such fines, and the manner the same has been expended, and if required by said board of supervisors, he shall pay to the treasurer of said county any and all such moneys in his hands unexpended."

§ 2. All acts and parts of acts inconsistent with this act, are hereby repealed.

§ 3. This act shall take effect immediately.

7

Loan to

institute.

Liens.

Insurance.

Chap. 493.

AN ACT authorising the Comptroller to loan moneys to the Delaware Literary Institute.

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. The comptroller of the state is hereby authorised to loan to the Delaware literary institute the sum of three thousand dollars, out of any money in the treasury, belonging to the common school fund, or out of any other money in said treasury which he is authorised by law to invest, and to draw his warrant on the state treasurer in favor of the treasurer of the said institution, on receiving from the president and treasurer of said institution their official bond to repay the money so loaned, in six equal annual instalments, from the date of said bond, with interest thereon, at the rate of seven per cent, to be paid annually, which bond shall be secured by a mortgage duly executed on the real estate of said institution, to be of twice the value of the money loaned, consisting of about three acres of land, and the buildings thereon, situate in the village of Franklin, Delaware county.

§ 2. The said warrant shall not be so delivered, until the said president and treasurer shall produce satisfactory evidence to the comptroller that the said property is free and clear of all lien or incumbrance, and the certificate of the loan commissioners of Delaware county, that in their opinion the property mortgaged is worth double the amount of the sum loaned.

§ 3. The president and treasurer of said seminary, or their successors, shall keep the buildings of said institution fully insured in some solvent insurance company, designated by the comptroller, so long as the money hereby loaned shall remain unpaid, and to assign and keep assigned to the comptroller of the state of New-York, the policy of such insurance, as further security for said loan.

§ 4. This act shall take effect immediately.

Chap. 494

AN ACT to provide for the payment to the Indian party of the Stockbridge Indians, the moneys funded for their benefit, under chapter nineteen, of the laws of eighteen hundred and fiftytwo.

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:

fund.

SECTION 1. There shall be paid by the treasurer, on the Indian warrant of the comptroller, to the Stockbridge Indians, the sum of eighteen thousand dollars, funded for their benefit, under chapter nineteen of the laws of eighteen hundred and fifty-two, in pursuance of a treaty entered into on the sixth day of February, eighteen hundred and fifty-two, between said Indians and the state of New-York. Said moneys shall be paid to said Stockbridge Indians by the head, and the commissioners of the land office are hereby authorised to appoint a suitable person as an agent, on the part of the state to pay said moneys to the said Stockbridge Indians.

bonds.

§ 2. The comptroller is hereby authorised to transfer Transfer of to the school fund the eighteen thousand dollars of bonds issued by him and held in trust for the Stockbridge Indians, for an equal amount of money to be paid out of the said school fund; and after such transfer the interest on the bonds so transferred shall be paid to the school fund; the money received in exchange for said bonds shall be applied in payment of the sum specified in the first section of this act.

§3. The interest shall be paid on said fund, as is now provided by law, until the time said fund is paid, under the provisions of the first section of this act.

§ 4. Nothing in this act shall be so construed as to entitle that portion of the Stockbridge Indians, known as the "citizen party," to any share in the distribution of said fund.

§5. This act shall take effect immediately.

Repeal.

Chap. 495.

AN ACT to repeal the sixth section of the act passed April eleventh, one thousand eight hundred and twenty-seven, entitled "An act to incorporate the Fort Plain Bridge 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 sixth section of chapter two hundred and nine, of the laws of eighteen hundred and twentyseven, entitled "An act to incorporate the Fort Plain bridge company," is hereby repealed.

§2. This act shall take effect immediately.

Chap. 496.

AN ACT to authorise the appraisal and payment of canal damages to Nathan Brownson and Andrew Adams.

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. The canal appraisers are hereby authorised to hear and determine the claim of Nathan Brownson and Andrew Adams, for injuries done to their certain property, consisting of Fish island or bar, Pompey island and Hay island, in the Hudson river opposite to the city of Troy, by the erection of the dyke across the Mohawk river at the north-west corner of Green island.

§ 2. The state treasurer shall pay on the warrant of the auditor of the canal department, the sum awarded to said claimants, not exceeding the sum of five thousand dollars, in pursuance of the first section of this act, out of any moneys in the treasury appropriated or to be appropriated