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ed.

Toll gate when to be erected.

Time limited.

Chap. 4.

AN ACT to amend an act entitled "An act to provide for the construction of a railroad from Geneseo to the Genesee Valley canal."

Passed January 20, 1849.

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

§ 1. The second section of the act entitled "An act to provide for the construction of a railroad from Geneseo to the Genesee Valley canal," passed April 11, 1848, is hereby amended so as to read as follows.

If the said corporation shall not commence the construction of said road by the first day of May, one thousand eight hundred and fifty-one, and expend at least the sum of three thousand dollars thereon, and shall not within two years thereafter finish the said road and put the same in operation, then the said corporation shall cease, and this act shall be null and void.

§ 2. This act shall take effect immediately.

Chap. 5.

AN ACT to authorise the Dexter, Brownville and Pamelia Plank Road Company to erect a toll gate on that part of their road now finished.

Passed January 22, 1849.

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

§ 1. Whenever the Dexter, Brownville and Pamelia Plank Road Company shall procure and file in the office of the clerk of the county of Jefferson, a certificate of the plank road inspectors of said county that their road is constructed according to law, from the village of Dexter to the village of Brownville, it shall be lawful for such company to erect a toll gate thereon and receive and collect thereat the rates of toll allowed by law, notwithstanding five consecutive miles of such road is not finished.

§ 2. The privilege hereby granted shall cease on the first day of September next, unless the whole of their road shall be finished before that day.

§ 3. This act shall take effect immediately.

Chap. 6.

AN ACT to release the interest of the state in certain real estate, of which Lewis Ciprien Mango, an alien, died possessed, to Margaret Ann Mango, his widow.

Passed January 24, 1849, by a two-third vote.

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

in the wid

§ 1. All the estate, right, title and interest of the people of this Title vested state, in and to the lands and premises in the town of Marlborough ow of L. C. and county of Ulster, conveyed by John F. Fegarrow and Mary Mango. Clare his wife, to Lewis Ciprien Mango, (by the name of Lewis Supreme Mungo) by deed, dated 13th October, 1832, and recorded in the office of the clerk of Ulster county, in book of deeds, No. 39, pages 480 and 481 23d October, 1832; and whereof the said Lewis C. Mango died in possession; acquired by the escheat of the same on the death of the said Lewis C. Mango, by reason of his alienism and from defect of heirs, are hereby released to and vested in Margaret Ann Mango, widow of the said Lewis C. Mango, her heirs and assigns forever.

§ 2. Nothing in this act contained shall be so construed as to saving impair or affect the rights of any creditor or purchaser of the es- clause. tate of the said Lewis C. Mango deceased.

Chap. 7.

AN ACT to confirm the title of the trustees of the First Baptist
Church and society of Newfane to certain lands.

Passed January 24, 1849.

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

present trus

§ 1. The title to certain lands, heretofore conveyed by George Title conR. Davis and Amy his wife, of the city of Troy, and Aaron D. firmed in the Patchin, of the city of Albany, to the trustees of the First Baptist tees. church, and society of Newfane, in the county of Niagara, by deed, bearing date the 29th day of March, 1843, is hereby declared to vest, and is confirmed in the present trustees of said church and society, and their successors in office, notwithstanding any omission of the said church and society to elect trustees, or preform other acts necessary to preserve its corporate rights and succession between the time of its first organization and the election of the trustees now in office.

§ 2. This act shall take effect immediately.

Special dep. appointed.

Chap. 8.

AN ACT to authorise the clerk of the county of Erie to appoint a special deputy.

Passed January 24, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The clerk of the county of Erie, is hereby authorised to uty may be appoint some suitable person as special deputy, who shall possess the same power and authority as the said clerk, to attend and do all things in and about the courts of said county,

Appoint

ment how made.

Money may

§ 2. Such appointment shall be in writing and filed in the clerks office in said county, and such special deputy before he enters upon the duties of his office shall take the oath required by the constitution and laws of this state, and shall hold his office during the pleasure of such clerk.

§ 3. This act shall take effect immediately,

Chap. 9.

AN ACT To authorise the Young Men's Association of the city of Buffalo, to borrow money for the erection of a building.

The People of the State of New and Assembly, do enact as follows:

Passed January 24, 1849.

York, represented in Senate

§ 1. The Young Men's Association of the city of Buffalo, are be borrowed. hereby authorised and empowered to borrow not exceeding the sum of fifteen thousand dollars, to be applied to the purchase of a lot, and the erection of a building, suitable for the purposes of the association, contemplated by its charter.

Security to be given.

Portion of

§ 2. The association may issue their bonds for the repayment of the same, which, for the security of the holder, shall be liens of the same degree and without preference, in the nature of a mortage, upon the lot and building so to be purchased and erected, and which bonds may be paid and redeemed at any time, at the pleasure of the association, but if the same are not paid or redeemed at the expiration of fifteen years from the time they are issued, they shall become a debt against the association.

§ 3. The association shall lease if practicable, such portion the building of said building as may not be required for their purposes, and may be leas the money so received for rent shall be applied as a dividend, to be declared semi-annually to the holders of said bonds, but said dividend shall in no event exceed seven per cent per annum, and the association shall keep an insurance effected on said building for the benefit of the holders of said bonds of at least sixty per

cent on the whole amount of bonds issued and unpaid, and in the event of said rents exceeding the sum of seven per cent per annum on the whole amount of said bonds, together with taxes and insurance, the association shall apply such excess toward the redemption and payment of said bonds.

association.

§ 4. The association shall be liable to the holders of said bonds Liability of in the sum of two hundred dollars annually, for the rent and use of such portions of said building as may be necessary for their

purposes.

the bond

§ 5. The real estate of said association so to be acquired, shall security of be the security to the holders of said bonds for the repayment of holders. the same, and in no event shall any other property of the association be liable for the payment or redemption of the same. § 6. This act shall take effect immediately.

Chap. 10.

AN ACT to extend the time for the collection of taxes.

The People of the State of New and Assembly, do enact as follows:

Passed January 24, 1849.

York, represented in Senate

ded to collect

§ 1. If any collector of taxes in any of the cities or towns of Time extenthis state, except the cities of New-York, Brooklyn, Albany and taxes. Troy, shall within the time now provided by law, pay over all moneys by him collected, and shall within ten days thereafter renew his bond, to the satisfaction, in towns of the supervisor of such town, or in his absence or disability, of the town clerk; and in any city, in the manner in which collector's bonds are now approved, to be expressed in writing upon such bond, and which bond shall be filed and have the effect of a collector's bond, as provided by law; and shall also within the time aforesaid, deliver to the county treasurer of his county a certificate of the approval of such bond, signed by the officers making such approval: then the time for collecting the taxes and making the returns thereof, shall be extended to the first day of March next.

§ 2. This act shall take effect immediately. 2

:

Sums to be raised to be

determined.

Duty of supervisors.

Money to

Chap. 11.

AN ACT Relating to Highways in the towns of Eastchester and
White Plains.

Passed January 24, 1849, "three-fifths being present."

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

§ 1. The inhabitants of the towns of Eastchester and White Plains, in the county of Westchester, at their respective annual town meetings in each year, shall determine what sum of money shall be raised in their respective towns for the purpose of keeping the roads of said town in repair for the then next year, but such sum shall not be less than the amount required to be assessed for highway labor by the twenty-fourth section of the second article of the first title of the sixteenth chapter of the first part of the revised statutes.

§ 2. The board of supervisors of said county shall add the amount directed to be raised by the preceding section to the sum required to be assessed upon the freeholders and inhabitants of the said towns, the same shall be assessed, levied and collected in the same manner and in the same proportions as are other expenses of the said towns.

§ 3. The money so collected shall, by the collectors of said whom paid. towns, be paid over to the respective boards of commissioners of highways of the said towns.

Duty of com

highways.

§ 4. The commissioners of highways of the said towns shall missioners of employ from time to time fit and proper persons, with necessary teams, and at proper and convenient seasons, to repair and keep in repair such of the highways and bridges in said towns as are now worked and repaired by the overseers of the several road districts in said towns.

To account

auditors.

§ 5. The commissioners of highways respectively shall account to board of for the money paid to them by virtue of this act, and the manner the sums have from time to time been expended, to the respective boards of auditors of the town accounts on the usual days of auditing the accounts of the said towns in each and every year.

To pay over § 6. The commissioners of highways shall pay over to their money resuccessors in office all sums of money which shall remain in their maining in their hands. hands under this act; in case said commissioners or any one of them shall neglect to pay such balance over, or in case he or they shall refuse to account, as is required by the fifth section of this act, it shall be the duty of the supervisor of said towns respectively and his successors to prosecute such delinquent commissioners in an action of debt, in any court having jurisdiction thereof, in which suit he shall recover the amount of moneys belonging to said town, with five dollars penalty together with the costs of suit, and the supervisor shall pay the amount so recovered and collected to the commissioners of highways not delinquent to be appro

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