a copy of said entry, certified by the clerk, shall be presumptive evidence that the logs or timber so marked are the property of the person by whom such mark was selected and recorded. § 74. Persons prohibited from landing logs, etc.- No person shall stop, take up or draw to, or lodge on the shore of any river or stream used for floating logs, timber or lumber, or on any island therein, any lumber, logs, timber, boards or planks floating in such river or stream, without the consent of the owner thereof. Any person violating the provisions of this section shall for each violation forfeit to the person aggrieved thereby the sum of ten dollars, and in addition thereto shall be liable to the owner of such logs, timber or lumber for all damages sustained thereby. § 75. Undertakings of persons floating lumber and logs.- Every person intending to float or run lumber, logs or other timber upon any river or stream recognized by law or use as a public highway, shall execute a bond to the people of the state with sufficient sureties in the sum of five thousand dollars as an indemnity against all loss and damage that may be caused to any property, by reason of the use of such river or stream as provided in this article, and such bond may be sued upon by any person suffering such loss or damage. Such bond shall be approved by the county judges of the counties through which such river or stream flows and shall be filed in one of the offices of the clerks of such counties, and certified copies thereof in the other of such offices. No person shall float or run any lumber, logs or timber upon such streams until such bond shall have been executed, approved and filed. § 76. Application of article.- This article shall not apply to the Hudson river, the Alleghany river and its tributaries, nor the Delaware river and its tributaries, nor the waters located in Franklin county, nor the Beaver river and its tributaries, nor the Oswe gatchie and its tributaries, nor the Grass river and its tributaries, nor the Racquette river and its tributaries, nor the West Canada creek and its tributaries, nor the Black river and its tributaries above its junction with the Moose river, nor the waters located in Lewis county used for floating or driving logs or lumber; nor be construed to repeal any existing law now applicable to any creek or river in this state. ARTICLE VI. LAWS REPEALED; WHEN TO TAKE EFFECT. Section 80. Laws repealed. 81. When to take effect. Section 80. Laws repealed.—The laws or parts thereof specified in the schedule hereto annexed, and all acts amendatory thereof are repealed. § 81. When to take effect. This chapter shall take effect imme diately. SCHEDULE OF LAWS REPEALED. R. S., pt. 1, ch. 20, tit. 10....... All. Inland navigation. Lights on vessels navigating Protection of cities of Hudson and Poughkeepsie from fire by Speed of steamboats. Speed of steamboats on Hudson Life boats. Sale of passenger tickets. Amendatory of L. 1837, ch. 356. Protection of buoys in Niagara river. 1876.... 376..... All..... Dumping of garbage in Hudson river prohibited. 1879.... 204..... 1,3,4... Prevention of ice gorges in Saint 1880.... 215..... All..... Vol. I 89 Lawrence river. Amends L. 1876, ch. 376. 1880.... 395..... All..... 1880.... 533..... All..... 1881.... 16...... All..... 1885.... 116..... All..... in towing. Rivers as public highways. Amends L. 1880, ch. 533. Protection of waters of Saint 1885.... 277........... All............ Obstruction of Racket and east branch of Saint Regis prohibited. 1886.... 204..... All..... Amends L. 1885, ch. 277. Certain aliens may take and hold real estate. Chap, 593. AN ACT to enable certain aliens to take, hold and convey real estate. Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. Any citizen of a state or nation which, by its laws, confers similar privileges on citizens of the United States, may take, acquire, hold and convey lands or real estate within this state, in the same manner and with like effect as if such person were, at the time, a citizen of the United States; provided, however, that nothing in this act contained shall affect the rights of this state in any case in which proceedings for escheat have been or may be insti tuted before the passage of this act. § 2. This act shall take effect immediately. Chap. 594. AN ACT authorizing the commissioners of the land office to con- Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and ance of land authorized. Section 1. The commissioners of the land office shall, upon an Convey. application being filed with them by the trustee of school district number five of the town of Smithtown, county of Suffolk, convey to such school district one acre of land lying north of the highway which runs through such farm. But such conveyance shall not be made unless the application shall contain a description by metes and bounds of the land to be conveyed, and also have indorsed Consent upon it the consent of a majority of the members of the state commission in lunacy and also of the managers of the Long Island State hospital. § 2. This act shall take effect immediately. required. Chap. 595. AN ACT to provide for securing a revenue to the state from sur Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and surplus canal Section 1. The superintendent of public works, with the approval Lease of of the canal board, is hereby authorized, upon such terms as he shall waters. deem advantageous to the state, to make a lease of any of the surplus waters of the canals of this state arising from enlargement or improvements of the same, actually made, or in progress, which waters shall not be necessary for the navigation or operation of such canals, or may be withdrawn for use for power and returned without detriment thereto, and which have not heretofore been Connec leased. Such lease or leases shall provide that it or they may be terminated in whole or in part whenever the superintendent of public works shall deem the whole, or any part of such waters desirable for the purposes of the canals. All connections for with ing waters. drawing the waters and for the return of the same shall be made in accordance with plans to be approved by the state engineer and surveyor and under the supervision of said superintendent of public works. The power conferred by this act is in addition to any power in the premises now given by statute. tions for withdraw § 2. This act shall take effect immediately. Acquísi tion of roads by county. Chap. 596. AN ACT to authorize the acquisition of turnpikes and plankroads Became a law May 19, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. If in any county adjoining a city having at any time by the then last preceding state or federal enumeration a popula tion of more than eight hundred thousand and less than fifteen hundred thousand inhabitants, a turnpike or plankroad shall have been laid out, maintained or operated by an incorporated turnpike or plankroad company from any point in such county to or into any such city, and a street surface railroad corporation shall have acquired or succeeded to the rights or to any of the rights of such turnpike or plankroad company, then and in such case the board of supervisors of such county, in the name and in behalf of such county, is authorized to acquire by purchase or condemnation so much of such turnpike or plankroad as shall be situated in such county, for the purpose of laying out, maintaining, improving and repairing such portion of such turnpike or plankroad as a public Subject to highway and as a county road, subject to the retention of the fee conditions thereof by such turnpike, plankroad or street surface railroad cor certain poration, and subject also to all then existing rights, franchises and privileges of any such turnpike, plank road or street surface railroad corporation to construct, maintain and operate a street sur |