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Mann and James Henderson, trustees for the Episcopal church known by the name of St. James church, in the town of Milton, by deed bearing date the twentieth day of June, in the year of our Lord one thousand seven hundred and ninety-seven, recorded in the clerk's office of Saratoga county, on the thirteenth day of January, one thousand eight hundred and forty-nine, reference being had to said record for a description of said premises, are hereby released to the wardens and vestry of Christ church in the town of Milton, Saratoga county.

clause.

§ 2. Nothing in this act contained shall impair the rights of Saving any creditor or purchaser of the trustees of the Episcopal church, known by the name of St. James church, of the town of Milton, Saratoga county.

Chap. 41.

AN ACT to confirm the official acts of Henry G. Button, a justice of the peace of the town of Westville.

Passed February 14, 1849.

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

confirmed,

§ 1. All the proceedings which have been had by and before Official acts Henry G. Button, a justice of the peace of the town of Westville, in the county of Franklin, since the first day of January, eighteen hundred and forty-two, shall be held to be of the same force and validity, as if the oaths of office of the said Henry G. Button, and the certificates of such oaths of office were found on file in the office of the clerk of said county.

taken and

§ 2. The said Henry G. Button may at any time within Oath to be twenty days after the passage of this act, take and file in the of- filed. fice of the clerk of the county of Franklin, his oath of office, which may be used by him as evidence in any prosecution hereafter to be commenced against him for any penalty or forfeiture he may have incurred by reason of acting without authority in such office, with the like effect as if it had been taken and filed within the time required by law.

clause.

§ 3. This act shall not affect the right of any party to any Saving suit or legal proceedings, which may have been had or commenced in consequence of the invalidity of any proceedings before the said justice, previous to its passage.

§ 4. This act shall take effect immediately.

Cemetery may take and hold 270 acres.

Part of road may be

Chap. 42.

AN ACT in relation to the Cypress Hills Cemetery. Passed February 14, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The Cypress Hills Cemetery may acquire, take and hold land within the county of Queens, not exceeding two hundred and seventy acres, in addition to and adjoining the land which the said company now hold in the county of Kings; and may hold, use, sell and otherwise dispose of the same, in the same manner, with the same privileges, and for the same uses and purposes contemplated by the act entitled "An act anthorising the incorporation of rural cemetery associations," passed April 27, 1847. § 2. This act shall take effect immediately.

Chap. 43.

AN ACT to authorise the Western branch of the Schoharie
Turnpike road Company to abandon a part of their road.
Passed February 14, 1849.

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

§ 1. The president, directors and company of the western branch of the Schoharie turnpike road, may abandon all of said abandoned. road lying northwesterly of the brick church, in the town of Cobleskill, in the county of Schoharie, whenever they shall make and execute in due form under their corporate seal, a good and sufficient release of all their rights and interest in and to the same, to the towns in which said road, so abandoned is situated, and shall file the same or a certified copy thereof in the office of the town clerk in each of the towns in which any part of the road so abandoned may be.

Such part to

§ 2. Upon making and filing such release as aforesaid, the be a public said corporation shall forever thereafter, be exonerated and dishighway. charged from all further charge or liability on account of the road so abandoned, and the same is hereby declared a public highway, subject to all the laws and regulations of highways of

Part to be

towns.

§3. The said corporation shall maintain, keep and repair all kept in re- of said road lying southeasterly of said brick church, being about twenty miles of road, and maintain and keep two toll gates thereon.

pair.

Duty of the

towns of § 4. The second and third sections of the act passed the Seward and twenty-ninth of March, one thousand eight hundred and forty

Sharon.

eight, relative to said road, shall also apply to the inhabitants of the towns of Seward and Sharon: said corporation shall not hereafter be compelled to keep the bed or traveled part of said road, over twenty feet wide, nor the bridges over fifteen feet wide.

Chap. 44.

AN ACT making appropriations in part for the expenses of government, for the fiscal year commencing October 1, 1848, and for other

purposes.

Passed February, 14, 1849, "three-fifths being present."

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

§ 1. Thefollowing sums, or so much thereof as may be author- Appropriaised by law, are hereby appropriated to the objects hereinafter tions. expressed for the fiscal year commencing on the first day of October, one thousand eight hundred and forty-eight, and ending on the thirtieth day of September, one thousand eight hundred and forty-nine, both days inclusive, except as herein otherwise expressed.

For repairs and expenses of the old state hall, one thousand old state five hundred dollars.

hall.

For assessments and other expenses n public lands, two thou- Assessments sand dollars.

tives.

Quit rents.

Electors and

For amount due the legal representatives of William Douglass, W. Douglass who died intestate in Dutchess county, being the sum paid into representathe treasury by the treasurer of said county, eight hundred and fifty-seven dollars and eighty-six cents. For the redemption of quit-rents, one hundred dollars. For compensation of the electors of President and Vice President of the United States, and for messengers. pay of messengers, two thousand seven hundred and fifty dollars. For binding the session laws, documents and journals of the &c. legislature and for lettering the same, two thousand dollars. For Extra clerk extra services of clerks in the tax department, comptroller's office, one thousand five hundred dollars.

Binding laws

hire.

er.

For expenses provided to be paid by the state to the state State report. reporter, by the fourth section of "An act to provide for the publication of the reports of the court of appeals" passed April 11, 1848, three hundred dollars.

For deficiency in the amount of appropriation made by the act, chapter three hundred and eighty-one, passed April 12, 1848, less than the annual sum allowed by law for clerk hire in the office of the comptroller, thirteen hundred dollars.

Clerk hire.

lumbia coun

For the guard organized by the sheriff of the county of Co- Guard in co lumbia, on the 19th day of April, 1848, for the protection of the jail in said county, pursuant to the act entitled "An act to enforce

ty.

Restriction

as to payments.

Conveyances made vaiid.

Title of the state released.

Amendment.

the laws and preserve order," passed April 15, 1845, the sum of twenty-one hundred dollars, the account of said guard to be audited and paid subject to the provisions of the said act.

§ 2. Whenever the amount or sum applicable to any object for which an appropriation is made by this act, is specified by law, no greater amount shall be drawn from the treasury under this act than the amount so expressed, though a larger sum be hereby appropriated; but nothing contained in this section shall be deemed to limit or restrain the appropriations for contingent objects, or for those not provided for by any law.

§ 3. This act shall take effect immediately.

Chap. 45.

AN ACT for the relief of certain purchasers of lands from the
Trust Fire Insurance Company in the city of New-York.

Passed February 15, 1849, by a two-third vote.

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

§ 1. All conveyances heretofore executed by the late Trust Fire Insurance Company of the city of New-York, of any lands lying in the twelfth ward of said city, shall be as valid and effectual as if such conveyances had been executed and delivered before the expiration of five years from the time said company acquired title to the lands included in such conveyances.

§ 2. The people of the state of New-York hereby release to the receivers of said company and their successors, all title and interest in any lands in the twelfth ward of said city, which were not conveyed by said company previous to the dissolution thereof and to which lands said company derived title at sales under foreclosure of mortgages executed to such company.

§ 3. This act shall take effect immediately.

Chap. 46.

AN ACT to amend the act entitled "An act for filling vacancies in office," passed February 3, 1849.

Passed February 17, 1849.

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

§ 1. That the proviso in section one in the act entitled "An act to provide for filling vacancies in office," passed February 3, 1849, be and the same is hereby amended so that the same shall

read as follows: "Provided, however, that when a vacancy exists, or a resignation has actually been sent in, and accepted, to take effect at a future day, in the offices of secretary of state, comptroller, treasurer, attorney general, state engineer and surveyor, clerk of the court of appeals, or canal commissioner, while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such vacancy, actual or prospective; and any person appointed by the governor (except state prison inspector) may be removed from such office by concurrent resolution of both houses of the legislature. On such removal both houses shall forthwith by joint ballot appoint a person to the office made vacant thereby."

§ 2. This act shall take effect immediately.

Chap. 47.

AN ACT to revise and amend the several acts relating to the city of Brooklyn.

Passed February 19, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

TITLE I.

OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY OF

BROOKLYN.

§ 1. All of that part of the county of Kings at present known Boundaries as the city of Brooklyn, and which is bounded easterly by the of the city. townships of Williamsburg and Bushwick, south by Flatbush and New Utretcht, west by the bay of New-York, and north by the East River, shall continue to be a city by the name of Brooklyn.

§ 2. The citizens of this state, from time to time, inhabitants Corporation within the limits of said city, and the corporation now existing reated. and known by the name of "The Mayor and Common Council of. the City of Brooklyn," shall be, and continue to be, a corporation by the name of "The City of Brooklyn," and shall have and Name. enjoy all the rights, privileges, immunities and franchises heretofore conferred upon it by law.

§3. The first ward of the said city shall comprise the follow- First Ward. ing district, viz: Beginning at a point on Atlantic street where the centre lines of Atlantic and Hicks street intersect each other, and running thence westerly along the centre of Atlantic street and a line in continuation thereof to the East River; thence northeasterly along the East River to a point opposite to the centre of Fulton street, or a line in continuation thereof; thence southeasterly along the centre of Fulton street to the centre of Hicks street; and thence southerly along the centre of Hicks street to the place of beginning.

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