СНАР. 22. AN ACT authorising certain persons therein named to change their names. Passed February 7, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. Leonard Hoar, of the town of Pompey, in the county of Onondaga, may assume and take the name of Leonard Hobart, and the family of the said Leonard shall, after the passage of this act, be known by the name of Hobart. Town of west erected. CHAP. 23. AN ACT to divide the town of Bloomfield, in the county of Ontario. Passed February 11, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. From and after the first Monday in April nexť, Bloomfield all that part of the town of Bloomfield, in the county of Ontario, situated west of a line to be drawn northerly and southerly, on the west line of lots number two, twenty-three, twenty-six, forty-two, fifty-nine and eighty, in the said town, shall become a town by the name of WestBloomfield, and the first election for town officers of the said town shall be held at the house which is now Eggleston's tavern, on the first Tuesday of April next. East-Bloom. field. Poer money $ 2. All the remaining part of the present town of Bloomfield, shall be and remain a separate town by the name of East-Bloomfield, and the first election for town officers of the said town of East-Bloomfield, shall be held at the house which is now Boughton's tavern, on the first Tuesday of April next. S3. The supervisors and overseers of the poor of the upportioned. said towns, as soon as may be after the first town-meetings, upon notice to be given by the said supervisors, or one of them, shall meet at such place as shall be designated in such notice, and shall apportion the poor and other funds of the town of Bloomfield, agreeably to the last assessment roll of said town. CHAP. 24. AN ACT altering the name of George Jones. Passed February 11, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. From and after the passage of this act, George Jones, of the town of De Peyster, in the county of St. Lawrence, shall be called and known by the name of George Robertson. CHAP. 25. AN ACT confirming the official acts of justices of the peace, in certain cases. Passed February 13, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. All proceedings which have been had before any Proeeding person, who shall have been duly elected a justice of the confirmed. peace, in and for either of the counties of this state, at an annual town-meeting, in the year one thousand eight hundred and thirty-two, and who was eligible to the office; and who shall have taken the oath of office before the proper officer, at any time after the first day and previous to fifteen days after the first day of January, one thousand eight hundred and thirty-three, and who was at the time of his said election an acting justice of the peace in and for such county, duly elected and sworn, shall be held and adjudged to be of the same force, effect and validity, as if such proceedings had been commenced and had before such justice after he took such oath. ted. $ 2. All liabilities and forfeitures incurred by any such Liabilities injustice, for having executed any of the duties or functions curred rem! of such office, on or after the said first day of January, and previous to the taking of such oath, within fifteen days after the said first day of January aforesaid, are hereby remitted. $ 3. The passage of this act shall not affect or impair any suit or legal proceedings that may have been had or commenced in consequence of the invalidity of any such proceedings before such justice of the peace. sage. Saving clause 4. This act shall take effect immediately on its pas- To take ef fect. Rail road to CHAP. 26. AN ACT to amend an act, entitled "An act to incorporate the Rochester canal and rail-road company." Passed February 15, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The president and directors of the Rochester cabe extended. nal and rail-road company are hereby authorised and empowered, with the permission of the trustees of the village of Rochester, to extend their rail-road over the bridge across the Genesee river in Buffalo-street, and through such streets in the said village as the trustees of said village may from time to time permit, subject to such prudential rules and regulations as said trustees shall: from time to time prescribe. Stock may be increased. $2. The president and directors of the said company are hereby authorised, with the consent of persons holding four-fifths of the capital stock, to increase the same to such sum as may be necessary to make the improvements contemplated by this act, and to distribute the said stock, and to issue scrip therefor, in such manner as they shall deem for the best interest of the corporation; but their capital stock shall not in the whole exceed the sum of fifty thousand dollars. Road may be continued to arė S3. The president and directors of the said company hereby authorised and empowered to continue their ake Ontario said road from its northern termination to Lake Ontario, or to make a towing path along the bank, of the Genesee river, for the purpose of towing vessels on the said river, from said termination to and from the said lake, as they may deem most conducive to the interests of said corporation.. Lands may road. $ 4. In case the corporation shall not be able to acquire be taken for the title to the lands through which the said rail-road is now laid, or through which it may be hereafter extended, by purchase or voluntary cession, it shall be lawful for the said corporation to appropriate so much of the said lands as may be necessary for its own use for the purposes contemplated by this act, and the act hereby amended, on complying with the provisions of the six following sections. Appraisers of damages. S 5. The directors may present a petition to the vicechancellor of the eighth circuit, setting forth by some proper description the lands which are wanted or have been appropriated for the construction of the said rail road or the appendages thereto, and the names of the owners, if known; distinguishing with convenient certainty, if it can be done, the parcels claimed in severalty by the respective owners, and praying for the appointment of appraisers to assess the damages which the owners of such lands will severally sustain by reason of the appropriation thereof by the corporation to its own use. partics. $6. On the presentment of such petition the said vice- Heating of chancellor shall appoint a day for the hearing of the parties in interest, and shall direct such notice as shall be deemed reasonable to be given of the time and place of hearing: And in case it shall appear that any of the owners of said lands is a feme covert, an infant or insane, or otherwise incompetent to take proper care of his or her interest, it shall be the duty of the said vice-chancellor to appoint some discreet and responsible person to act in the premises in his or her behalf. . $7. At the time appointed for such hearing, the said Appraisers to vice-chancellor shall appoint three disinterested freehold-damaers, residents of the county of Monroe, for the purpose of assessing such damages; and in the order for their appointment shall direct what lands are to be appropriated by the said corporation for the purposes aforesaid. S8. The said appraisers, after being sworn before some to take oath officer authorised to administer oaths, honestly and im partially to assess such damages, shall proceed by viewing the lands and by such other evidences as the parties may produce before them, to ascertain and assess the damages which each individual owner will sustain by the appropriation of his lands for the use or accommodation. of such rail-road or its appendages. $ 9. The said appraisers shall make report to the said To report, vice-chancellor in writing, specifying the several parcels of land with all necessary certainty, the names of the owners if known, and if not known, stating the fact, and specifying also the damages which the owners of the said respective parcels will sustain by reason of the appropriation of the same for the purposes aforesaid; and in case either of the parties are dissatisfied with the assessment, the said vice-chancellor may on the hearing of the parties in interest, modify the assessment as shall appear to be just. damages. $ 10. On payment of the damages thus assessed, to- Payment of gether with the expenses of assessment as the same shall be settled by the vice-chancellor, or on depositing the amount thereof for the use of such owners in such bank as the said vice-chancellor shall direct, the said corpora Highways in Brighton. Repair of highways. Carriages how to be drawn. Repoal. Name and style. Powers to tion shall immediately become entitled to the use of said lands for the purposes aforesaid; and the report of the said appraisers, with the order of the said vice-chancellor modifying the same in case the same shall have been modified, may be recorded in the office of the clerk of the county of Monroe, in the same manner, and with the like effect as deeds are recorded, without any other proof than the certificate of the said vice-chancellor, that the report is genuine. 11. The commissioners of highways for the town of Brighton, are hereby authorised and empowered to consent to the appropriation of so much of the public highways in the said town, as may now be occupied by the said rail-road, or may be necessary for the extension or alteration thereof; and on filing such consent of the said commissioners, or a majority of them, in the office of the clerk of the county of Monroe, the said corporation shall be deemed to be entitled to the use of so much of any highway as shall be described in such written consent and as may be necessary for the purposes aforesaid. S 12. The said corporation shall be bound to repair all public highways and bridges which may be injured in constructing said rail-road. or its appendages. S13. No carriage or vehicle shall be drawn or propelled by any other than horse power through any street of the said village of Rochester. $14. So much of the act hereby amended, as authorizes and requires the construction of a canal by said corporation, is hereby repealed. $ 15. The name and style of the said corporation shall hereafter be "The Rochester rail-road company." $ 16. The powers and duties conferred by this act on apply to city. the trustees of the village of Rochester, shall be deemed to apply to and be conferred upon the common council of any city hereafter incorporated which shall include the present village of Rochester, or any part thereof. Rights reser ved. S17. The legislature may at any time amend, alter or repeal this act. |