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ers.

how filled.

a bond and mortgage, from the purchaser or purchasers, for the pay

ment of such residue. Names of 5. And be it further enacted, That Henry Eagle, John Grant commission

junior, George Fisher, Daniel C. Van Tine, and David Bailey, be the commissioners for carrying this act into effect; and that in case of va.

cancy in the office of either of the said commissioners by death, reVacancies

signation, removal from the village, or otherwise, such vacancy may be filled by the persons still remaining cominissioners, or a majority of them, and the person or persons so appointed to fill such vacancy or vacancies, shall possess the like powers and be subject to the

like duties, as if he or they had been appointed by this act. Commission 6. And be it further enacted, That the said commissioners shall, ers to execute a bond. before entering upon the discharge of their duties under this act,

execute to the people of this state, a bond in the sum of two thousand dollars, and deposit the same in the office of the comptroller, conditioned faithfully to apply all monies arising from the sale or sales of the cemetery aforesaid, to the purposes contemplated by this act, and to acc^unt with and pay over to the said comptroller, such sum or sums of money as may remain in their hands, after the objects provided for in this act shall have been accomplished.

7. And be it further enacted, That all expenses which shall accrue, in carrying this act into effect, including a reasonable compensation to the said commissioners, shall be audited by the comptroller, and paid on his warrant out of the avails of said sale.

Expenses how paid.

Day be re

| CHAP. 6. AN ACT relative to the proof and acknowledgment of Deeds for Lands purchased of the agency of the Pulteney estate.

Passed January 19, 1827. re BE it enacted by the People of the State of Neio-York, reprecorded with sented in Senate and Assembly, That it shall not hereafter be neout clerks' certificate.

cessary that any deed for lands purchased of the agency of the said Pulteney estate, and executed by the chief agent of the said estate, or by his lawful substitute, should have subjoined to it the clerk's certificate, required by the fifth section of the act entitled “an act authorizing the appointment of commissioners to take the acknowledgment of deeds and special bail, to take affidavits to be read in courts of record, and to restı ict the numbers of masters in chancery," passed March 24th, 1318, in order to entitle the said deed to be recorded, any thing in the said recited act to the contrary thereof in any wise notwithstanding.

may assess the county

CHAP. 7.
AN ACT for the relief of the Commissioners of Highways, of

the town of Schoharie.

Passed January 19, 1827., BE it enacted by the People of the State of Nero-York, repre- Supervisors sented in Senate and Assembly, That it shall be the duty of the supervisors of the county of Schoharie, at their next annual meeting, or town of

8. Schohariei to raise a sum of money by tax, either upon the county of Schoharie generally, or partly upon said county, and partly upon the town of Schoharie in said county, or wholly upon the town of Schobarie, as shall appear to them equitable and just, which shall be sufficient to discharge the debt, with the interest thereon, which shall appear to them to be due to the commissioners of highways of the town of Schoharie, for building a bridge across Foxes creek, near the house of Peter Vroman, in said town of Schoharie.

CHAP. 8.
AN ACT concerning the June term of the Court of Common

Pleas and General Sessions of the Peace in the County of Jef-
ferson.

Passed January 19, 1827. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That the June term of the court of common pleas and general sessions of the peace, instead of commencing at the time now fixed by law, shall hereafter cominence on the second Tuesday of June in each year.

CHAP. 9.
AN ACT declaring Mead's Creek, in the County of Steuben, a pub-

lic highway.

Passed January 19, 1827. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That Mead's creek, in the county of Steuben, from its junction with the Conhocton river, to the north line of the town of Hornby, be and the same is hereby declared a public highway, subject to all the provisions, privileges, restrictions, and penalties embraced in the act entitled “an act declaring certain waters to be public highways, allowing certain dams to be built and made, and for preventing obstructions in the Hudson river, and certain other rivers," passed April 20, 1813.

CHAP. 10. AN ACT to amend an Act, entitled An Act for the more easy pleading in certain suits,passed 21st of March, 1801.

Passed January 19, 1827. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That in all cases, in which counsel shall be employed in obedience to the direction of the act hereby amended, the treasurer shall from time to time, pay to such counsel, on the warrant of the comptroller, such sum or sums as the governor shall certify to be reasonable and just, and also to the attorneygeneral, such sum or sums as the governor shall certify to be reasonable and just, for extra services and expenses.

may appear

in certain cases.

CHAP. 11. AN ACT to amend the Act, entitled " An Act to abolish imprisonment for debt in certain cases," passed April 7, 1819.

Passed January 20, 1827. Fosolvents BE it enacted by the People of the State of New York, repre

ngsented in Senate and Assembly, That in case of the death, sickness, county judge, absence, resignation or removal from office, of the chancellor, jus

tices, judges or other officers, by whom a day has been fixed for any insolvent to attend before hiin, for purposes specified in the said act aforesaid, it shall and may be lawful for any stich person so applying on the day so specified, to appear before any one of the judges of the county courts, in the county in which he shall have made application as aforesaid, who is hereby empowered and required to discharge the duties in relation to the said act, in like manner and with the same effect as might have been done by such chancellor, justices, judge, or other officer before whom a day may have been given as aforesaid : Provided always, That the hearing of said application shall be at the place and time appointed by the original notice.

Propiso.

CHAP. 12.
AN ACT in relation to the State Prison at Auburn.

Passed January 20, 1827. Tenthou." 1. BE it enacted 'by the People of the State of New York, resand dollars presented in Senate and Assembly, That the treasurer of this state, agent. on the warrant of the comptroller, pay to the agent of the state

prison at Auburn, the sum of ten thousand dollars, for the support

of said institution. $6378 for 2. And be it further enacted, That the treasurer of this state, on raisiug walls, the warrant of the comptroller, pay to the agent of the said state

prison the sum of six thousand three hundred and seventy-six dol

One hundred

to clerk and

lars, for the purpose of raising the walls of the prison yard, and building work-shops : Provided, That no monies under this act shall provisi. be drawn in sums over two thousand dollars at any one time; and the comptroller shall not draw his warrant on the treasurer for any subsequent sum, until all monies previously drawn be regularly accounted for.

3. And be it further enacted, That there be paid to the clerk dollars addiand assistant keepers of said prison the annual sum of one hun-tional salary dred dollars each, in addition to the salaries now allowed by law. keepers.

4. And be it further enacted, That from and after the first day Gertain cases of May next, until the prison at Sing-Sing shall be ready to receive bosende

oners to u them, all prisoners whatever, adjudged to be confined in the state bure, &c. prisca, in the counties of Schoharie, Schenectady, Rensselaer, Albany, Greene and Columbia, shall be confined in the prison at Auburn; the keeper of which, under the direction of the inspectors, shall confine the said prisoners according to their sentences.

5. And be it further enacted, That the number of firemen at- Firemen iatached to the fire engine company at said prison be increused, and crea that twelve additional firemen be added to the present number

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ton.

AN ACT authorising Ezra Hyde, to erect a Dan across the river

Conhocton.

Passed January 23, 1827. BE it enacted by the People of the State of New York, repre- Ezra Hyde sented in Senate and Assembly, That Ezra Hyde is hereby author-dan across ised to erect a dam across the Conhoctan river, in the county of the Coobec: Steuben, between the lot of land owned by Jonathan Tilton, and the to. lot known by the name of the Sterret lot, said dam not to exceed in height, two feet for the purpose of supplying his mill with a sufficiency of water to drive the same : Provided, that the said Ezra Hyde Proviso shall erect, and at all times maintain the same, an aprou or lock in said to keep an dam,of such construction, as to render the passage safe and easy for apron for

"passage of rafts and arks, common in said river, at all times during the continu-rafts, &c. ance of said dam, and provided further, that if the passage aforesaid, Grant voru shall at any time be obstructed, the grant hereby intended to be in certain made shall be absolutely void, provided that nothing herein contained shall be construed to authorize the said Ezra Hyde, to raise his dam in a manner that shall overflow the lands of any other person, and that it shall be lawful for the legislature at any time to repeal or modify this act.

cases

CHAP. 14.

Pison and

to erect dam across Venesee.

provim.

AN ACT to authorise Sylvanus Dixon, and Zimri W. Burnham,

to erect a Dam across the Genesee River, in the Town of Nunda, in the County of Allegany.

Passed January 23, 1827. BE it enacted by the People of the State of New York, repreBurnham sented in Senate and Assembly, That it shall and may be lawful,

.. for Sylvanus Dixon and Zimri W. Burnham, and they are hereby

authorised to erect and maintain a dam not exceeding four feet in height across the Genesee river, from lot number two hundred and thirty-six, to lot number one hundred and ten, on the Cottinger tract in the town of Nunda in the county of Allegany: Provided,

That the said Sylvanus Dixon and Zimri W. Burnham, shall make Apron or lock and keep in repair an apron or lock in said dam of such construcfor rafts, deco tion as to render the passage of boats, arks or rafts safe and easy,

and suffer the same to pass and repass free of toll of any kind, during the continuance of said dam. And provided further, that

nothing in this act shall be so construed, as to affect the rights of inPodividual hts res dividuals who may be injured by reason of the erecting and

continuing of said dam, and that it shall be lawful for the legislature at any time to amend or repeal this act.

And be it further enacted, That if at any time hereafter the wa. served for ters of the said river, shall be requisite or be drawn for the purposes provements,

of internal improvements or navigation, it shall not be lawful for the said Sylvanus Dixon and Zimri W. Burnham, or any person or persons owning said dam to claim or recover any damages therefore.

served.

Waters re.

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No. 17.

CHAP. 15.
AN ACT to authorise Jonathan Thomas to construct a Dock or
Wharf at Sheldrake Point, in Seneca County.

Passed January 23, 1827. J. Thronday to 1. BE it enacted by the People of the State of New York, re. erect docks presented in Senate and Assembly, 'That it shall and may be lawful in Cayuga Jake, ad. for Jonathan Thomas, his heirs and assigns, to build and erect in joining lot

of the waters of Cayuga lake adjoining the land owned by the said

Thomas, being part of lot number fourteen in the town of Ovid, in the county of Seneca, such docks, piers or wharves as may be abso.

lutely necessary for the protection of boats navigating said lake, and Limited to for the convenient loading and unloading such boats and to keep, 35 years

'maintain, rebuild and repair the same works for and during the term Proviso. of twenty-five years, from the first day of July next: Provided,

That the works hereby contemplated to be erected, shall be constructed in such manner as not to injure the navigation of the lake or to interfere with the rights and privileges of the owners of lands

on the shore of the lake in the vicinity of said works. Judges to ap 2. And be it further enacted, That whenever the said Jonathan

Thomas, his heirs or assigns, shall have constructed the harbour

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