General powers. tion, touching the management of the said fund and the disposition of the income thereof; provided that said instructions shall be in writing, and shall be entered on the journals of the said convention; and provided also, that the income of the said fund shall in no case be diverted to or expended for any other purpose than that of sustaining the episcopal office in the said dio cese. § 6. The provisions of Title third of the eighteenth Chapter of the first Part of the Revised Statutes, shall apply to the corporation hereby created, so far as the same are not inconsistent with this act. Capital sed. CHAP. 135. AN ACT to amend an act entitled "An act to provide for the construction of a rail-road from Skaneateles to the Auburn and Syracuse rail-road." [Passed April 27, 1841, by a two-third vote.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The capital stock of the Skaneateles Rail-Road Comstock increa- pany is hereby increased twenty-five thousand dollars, which additional stock shall be divided into shares of fifty dollars each, which shares shall be deemed personal property, and be transferable in the same manner as the present shares of capital stock of said company are transferred. Subscriptions to stock. Name changed. Line may be extended. be in force. §2. The directors of the Skaneateles Rail-Road Company shall be the commissioners to receive subscriptions for and to distribute said additional stock. § 3. The name of the Skaneateles Rail-Road Company is hereby altered to the Skaneateles and Jordan Rail-Road Company. 4. The Skaneateles and Jordan Rail-Road Campany shall have the power to extend the present line of their road now constructed, to the Auburn and Syracuse rail-road, from its present termination, by the most eligible route to the Erie canal at Jordan, Onondaga county, to be determined by a majority of the directors of said company. Provisions to § 5. All the provisions of the act to incorporate the Skaneateles Rail-Road Company, not inconsistent with this act, shall continue in force and apply to the Skaneateles and Jordan RailRoad Company. Construc commence. § 6. It shall be lawful for the said corporation to commence tion when to the construction of the said extension of said road, as soon as fifteen thousand dollars of the additional stock now created shall be subscribed for and distributed. 7. This act shall take effect immediately. CHAP. 136. AN ACT to confirm the title of William R. Rogers to certain lands. [Passed April 27, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: med. § 1. The right, title and interest of William R. Rogers to Title confir a tract of land in the town of Busti, Chautauque county, conveyed to him by Robert D. Ward, by deed dated 23d of November, eighteen hundred and thirty-eight, is hereby declared to be as valid and effectual as if the said Robert D. Ward, at the time of the conveyance to him of the said tract of land, and at the time the said land was conveyed by him, had been a citizen of the United States. § 2. This act shall take effect immediately. CHAP. 137. AN ACT authorizing the resurvey of highways in the town of Freedom. [Passed April 27, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: be resurvey § 1. The commissioners of highways for the town of Free- Highways to dom, in the county of Cattaraugus, are hereby authorized to ed. cause resurveys to be made of all such highways in said town, as are not correctly described by the records in the office of the clerk of the town. Such surveys to be made as nearly in accordance with the original surveys as may be practicable; also to cause surveys to be made of all roads which are now used as public highways, and surveys of which have not been recorded in the office of the clerk of the town, and to cause such surveys to be recorded in the said office. of. § 2. All roads resurveyed and recorded according to the pro- Effect therevisions of the preceding section of this act, shall be legal highways, and the commissioners of highways of said town shall cause the same to be opened to the width of three or four rods, in their discretion. § 3. This act shall take effect immediately, Plaintiff allowed privi CHAP. 138. AN ACT to amend certain acts in relation to courts held by justices of the peace. [Passed April 27, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. When a commission shall be applied for and granted on lege of ad- the part of the plaintiff, pursuant to the provisions of an act journment. entitled "An act to amend Articles eight and thirteen of Title four, Chapter two, Part Three of the Revised Statutes, relating to courts held by justices of the peace," passed April 18, 1838, the plaintiff shall be allowed the same time and privileges of adjournment to which the defendant is now entitled by law. §2. When the commission is executed in this state, the sue subpo- commissioners shall have the same power to issue subpoenas, swear witnesses and compel their attendance as justices of the peace have. Power to is nas. Fees allow ed. Commission ers to lay out road. § 3. In case of commission for either party, the following fees and disbursements shall be allowed by the justice, in addition to the costs now allowed by law, although the whole may exceed five dollars, viz: To the justice for every order for a commission to examine witnesses, attending, settling and certifying interrogatories to be annexed to a commission, fifty cents. To one or more commissioners for taking and returning testimony in the whole, one dollar. For every subpoena or oath, six cents. For serving subpoenas and attendance of witnesses before such commissioners, the same fees as are now allowed by law in justices' courts. For postage for sending and returning commission with testimony, not to exceed one dollar. § 5. This act shall take effect immediately. CHAP. 139. AN ACT to authorize the laying out of a road from Newkirk's mills to Piseco village. [Passed April 27, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. Ezra Thompson and George R. Parburt of Hamilton county, Alteron Odell of Fulton county, are hereby appointed commissioners to lay out and make a road four rods wide from G. A. Newkirk's mills, in the town of Bleecker in Fulton county, thence by the most direct and eligible route to the village of Piseco in Hamilton county, and for this purpose are authorized to employ a surveyor and assistants. oath, and file field notes. § 2. The said commissioners, before entering upon the duties To take an aforesaid, shall take and subscribe an oath before some justice a map and of the peace, to lay out said road without favor or partiality, and shall file a map and field notes of said road in the several clerks' offices of the towns through which it passes; and if said road shall be laid through any improved lands, the damages shall be appraised and paid as prescribed in Chapter sixteen, Title first, Article fourth of the first Part of the Revised Statutes. § 3. The said commissioners shall each receive two dollars per Their pay. day for all actual and necessary services; and if either of them perform the duty of surveyor, he shall receive in addition one dollar per day while so employed as surveyor; and the board of supervisors of the counties aforesaid, shall audit their accounts for laying out said road, and the same shall be levied and collected as part of the contingent expenses of the towns through which said road passes, in proportion to its length in the several towns. assessed and money to be collected for making road. § 4. After the said road shall be so laid out, the assessors of Lands to be the several towns in said counties through which it passes, shall assess for two years upon the lands within four miles on each side of the said road, in proportion to their value and proximity thereto, the sum of one hundred dollars for every mile in length of said road, located in their respective towns, which shall be levied and collected as other taxes; and when so collected, shall be paid over to the supervisors of said towns, subject to the order of said commissioners, to be expended by them in making said road; and the said commissioners may appoint one of their number to superintend the expenditure of said moneys, and shall make returns thereof to the supervisors of said several towns, which returns shall be audited as the accounts of town officers. But no expense shall be incurred by the commissioners under the provisions of this act, greater than the amount provided for and appropriated by the same. § 5. This act shall take effect immediately. CHAP. 140. AN ACT in relation to "Christs Church of Oswego." The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. All acts heretofore done or proceedings had in the name Name of "Christ Church Oswego," by the episcopal church orga- changed. Acts con firmed. Election. Transcript of judgments in certain cases. nized by the name of "Christs Church of Oswego" are hereby confirmed in all respects as if said church had organized by the name of "Christ Church Oswego," by which name it shall hereafter be known and called, and none of the rights, titles, interests, privileges, franchises or reservations of said corporation, shall be affected by such change of name. § 2. All the acts and proceedings of said church in the elections of church wardens and vestrymen are hereby confirmed, notwithstanding any irregularity in the original organization of said church, or in any of the elections of church wardens and vestrymen, or any omissions to make such elections annually. §3. The annual elections of church wardens and vestrymen shall be held on Monday instead Thursday of Easter week. § 4. This act shall take effect immediately. СНАР. 141. AN ACT concerning justices' courts. [Passed April 27, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Whenever a judgment shall be rendered by a justice of to be given the peace, on default and in the absence of the party against whom the same is rendered, it shall be the duty of such justice, on the demand of any person interested therein, to give to such person a transcript of such judgment, together with a copy of the process, pleadings and proofs in the cause, when such pleadings and proofs are reduced to writing, or the substance thereof when not reduced to writing, or such parts of such process, pleadings and proofs as may be required, on his being paid therefor twenty-five cents for such transcript and six cents a folio for the residue thereof. Agent may be appoint ed. CHAP. 142. AN ACT further to amend the charter of Washington's Head [Passed April 27, 1841, by a two-third vote.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1. The commissioners of the association incorporated by the name of "Washington's Head-Quarters Association," shall have power to appoint an agent, or agents, at their discretion, to collect stocks and subscriptions for said association. 2. This act shall take effect immediately. |