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Liability.

Board of

so far as the same may be applicable; provided however that the annual income of any real estate belonging to said corporation shall not exceed the sum of five thousand dollars.

§ 4. The said managers shall be jointly and severally liable for all funds placed in their hands during their term of office.

§ 5. There shall be a board of counsellors consisting of seven Counsellors. male members whose duty it shall be to advise the board of managers of said society from time to time in reference to its business transactions, no purchase or sale, lease or mortgage of real estate shall be made or taken by said corporation without the approval of a majority of the board certified to in writing by the secretary for the time being of said board.

First board

Right to repeal.

Railroad

may be constructed when cor

formed.

§ 6. John C. Brigham, Nathaniel Briggs, Henry Chase, Benjamin C. C. Parker, William Tyack, Samuel Candler, and Charles H. Marshall shall compose the first board of counsellors and shall act until the next annual meeting of said association or corporate body and until their successors shall be elected; such board of counsellors shall be elected annually, at the annual meetings of the said society or in such other manner as shall be prescribed by the association; they shall also designate at the time of their election the president and secretary of said board of counsellors. § 7. The legislature may at any time alter or repeal this act. § 8. This act shall take effect immediately.

Chap. 294.

AN ACT to declare the public use of a railroad from some eligible point in the Saratoga and Washington railroad to Plattsburgh.

Passed April 9, 1849.

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

§ 1. J. Douglass Woodward, Benjamin Ketchum, Thomas A. Tomlinson, William S. Merriam, James Rogers, William H. Butporation is rick, Reuben Sanford, Orlando Kellogg, Robert W. Livingston, David Judd, Jacob Parmeter, Joshua E. Mather, Erastus B. Potter, Thomas Leland, Thomas A. Leggett, Benjamin P. Burhans, Joseph Russell, A. B. Farlin, John F. Shirrell, Thomas Archibald, Cyrus Burhans, George Sanford, Abram Wing and their associates when duly formed into a corporation under and in pursuance of an act entitled "An act to authorise the formation of railroad companies," passed March 27th, 1848, are hereby authorised to construct and maintain a railroad from some eligible point in the Saratoga and Washington railroad east of the Hudson river to the village of Plattsburgh on the most direct and eligible route and near as may be on the banks of the Schroon river and the legislature do hereby determine and decide such

proposed road will be of sufficient public utility to justify the taking of private property for constructing and maintaining such road under the provisions of said act, and such corporation when duly formed as aforesaid may take and appropriate private property for the construction and maintaining of said road under and in pursuance of the said act.

2. This act shall take effect immediately.

Chap. 295.

AN ACT to declare the public use of a railroad from Sackets Harbor in the county of Jefferson to Adams or Ellisburgh in said county.

Passed April 9, 1849.

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

clared.

§ 1. Petitions having been presented to the legislature by Ed- Utility of a ward B. Hawes, Jabez Hunting, William Dodge, George Red-railroad defield, Daniel Hunter, Jesse Dann, Elisha Camp, Allen Lord, James L. Hooker, Dier W. Burnham, Edward Sacket, Thomas L. Hall, Otis M. Cole and others praying the legislature to determine whether the construction of a railroad from Sackets Harbor in the county of Jefferson to connect with Watertown and Rome railroad at the most eligible point in the town of Adams or Ellisburgh in said county will be of sufficient use to justify the taking of private property for the construction of such road. It is hereby determined and decided by the legislature that a railroad commencing at and from the village of Sackets Harbor and running thence to the line of the Watertown and Rome railroad in the town of Adams or Ellisburgh aforesaid will be of sufficient utility to justify the taking of private property for constructing and maintaining such railroad under and in pursuance of the act entitled "An act to authorise the formation of railroad corporations," Corporation passed March 27, 1848, and by said petitioners when they or ed. such number of them or others as required by the same, shall be duly formed into a corporation under the said act.

§2. Said corporation when duly formed may make joint stock with any other company or companies of this state with which it may connect its road, and on such terms as may be agreed upon by the directors of such companies respectively.

§3. This act shall take effect immediately.

may be form

Expenses to be paid.

Vouchers:

Money to

Chap. 296.

AN ACT relative to expenses incurred in enforcing the law and preserving order in the county of Dutchess.

Passed April 9, 1849, "three-fifths being present."

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

§ 1. The necessary expenses which have been incurred by the sheriff of the county of Dutchess, since the fifth day of January last, in the execution of process and the preservation of order, and in the arrest and confinement of prisoners on criminal charge, and in guarding such prisoners and the jail of said county, and in procuring the necessary arms and munition for such purpose, including a compensation for each of the persons employed and organized for such purpose of one dollar per day, and for each horse so employed of fifty cents per day, together with the necessary expenses incurred for the support and subsistence of the men and horses so employed, shall be audited and allowed by the comptroller to the said sheriff; and when so audited and allowed, he shall draw his warrant for the payment thereof on the treasurer, and the treasurer shall pay the same out of any money not otherwise appropriated.

§ 2. The comptroller may require such vouchers and proof in relation to all and each of such expenses as he shall deem proper.

§ 3. The money received by such sheriff shall be paid over by whom paid. him to the persons entitled to the same, according to the rates prescribed by this act.

To be charg

§ 4. All money paid from the treasury of this state under the ed to Dutch- provisions of this act, shall be charged by the comptroller to the ess county. said county of Dutchess, and he shall certify the amount thereof to the treasurer of said county.

County treasurer's duty.

Amount how raised.

And to

§ 5. It shall be the duty of said county treasurer to lay the same before the board of supervisors of said county at their next annual meeting.

§ 6. The said supervisors shall, at their next annual meeting, cause the amount to be levied and collected, as other county charges are now by law directed to be levied.

§ 7. The sum or sums levied and collected by virtue of the whom paid. last preceding section, shall be paid over to the county treasurer, who shall on or before the first day of May thereafter, pay over the same to the treasurer of the state, to the credit of such county. § 8. Nothing in this act contained shall authorise the payment of any compensation to any person or persons employed as a temporary posse for one day.

Saving

clause.

§ 9. This act shall take effect immediately.

Chap. 297.

AN ACT in settlement of the claims of the first Christian party of Oneida Indians.

Passed April 9, 1849, "three-fifths being present."

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

tion of $1003.

§ 1. The sum of one thousand and three dollars and forty-one Appropriacents is hereby appropriated for the use of the first Christian par- 41. ty of Oneida Indians, in full settlement of their claims against the state of New-York, for the interest on the proceeds of the sale of the north part of lot number fifteen, and the north part of lot number sixteen, of the Oneida purchase of the eighth of October, one thousand eight hundred and twenty-nine, and the same shall be paid by the treasurer on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, and at such time or times, and to such persons, and in such amounts as the commissioners of the land office shall direct.

to be ap

plied.

§ 2. The money hereby appropriated shall be applied, under Money how the direction and supervision of the commissioners of the land of fice, or their agent, to such purpose or purposes of general interest to said first Christian party of Oneida Indians, as said commissioners in their discretion, and with the approbation of the governor, shall determine; and they shall report to the legislature their proceedings in relation thereto.

§ 3. This act shall take effect immediately.

Chap. 298.

AN ACT to aid in repairing and improving the road leading from the state road in North Hudson to Mill Brook, in the town of Moriah.

Passed April 9, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

pairing and

road.

§ 1. Jacob Parmeter, of the town of North Hudson, and CommissionWilliam Fountain, of the town of Moriah, are hereby appointed ers for recommissioners to cause to be repaired and improved the road improving leading from the state road in the town of North Hudson, in the county of Essex, to where said road intersects Mill Brook, in the town of Moriah, in said county, and are authorised to make occasional deviations from the present line of said road in such places as in their judgment are necessary and proper for the purpose of repairing and improving said road.

82. The first named commissioner shall have charge of the North Hudrepairs for so much of said road as runs through the town of son and

Moriah.

Powers of

years.

District of country.

North Hudson, and the other commissioner of that part thereof which runs through the town of Moriah.

§ 3. The powers conferred upon the commissioners of highcommission- ways of this state by the act of the twenty-fourth of April, one ers for five thousand eight hundred and thirty-five, entitled "An act in relation to the assessment of highway labor," are hereby transferred to the commissioners above named for the period of five years from the next annual meeting of the board of supervisors of the county of Essex, over the following district of country: beginning at the southwest corner of the town of North Hudson and running thence northerly on the westerly line of said town, to the northwest corner of the same; from thence on the north line of said town easterly, to the northeast corner of lot number seventy-five, in the North river head tract; thence southerly on the east lines of lots number seventy-five, sixty-eight, thirty-eight, thirty-one and four of the said tract, and lots numbers four hundred and twenty-five, four hundred and six, three hundred and ninety-four, and three hundred and seventy-one, of the paradox tract, to the south east corner of said lot three hundred and seventy-one; thence westerly on the south lines of lots numbers three hundred and seventy-one, three hundred and seventy-two, three hundred and seventy-three, three hundred and seventy-four, three hundred and seventy-five and three hundred and seventy-six, to the southwest corner of said lot three hundred and seventy-six, in said paradox tract; thence easterly to the southeast corner of lot number three hundred and fifty-eight in said tract, thence southerly on the east lines of lots number three hundred and fifty-eight, three hundred and fifty, two hundred and sixty-three, two hundred and sixty-two, two hundred and sixty-one, two hundred and sixty and two hundred and fifty-nine, to the south line of the said town of North Hudson; thence westerly to the place of beginning.

Further pow

ers.

Map of land to be made

ited.

§ 4. The powers conferred upon overseers of highways by section forty-seventh, of title first, chapter sixteenth, article third, part first of the Revised Statutes, over said district of country are also conferred upon said commissioners.

§ 5. The commissioners above named shall enter immediately upon the discharge of their duties, and shall cause a map of the and depos- lands in each town affected by this act to be deposited with the clerk of the board of supervisors of the county aforesaid, and in case of the death or resignation of the above named commissioners the county judge shall have power to fill such vacancy.

ors.

Duty of clerk. § 6. The clerk of the board of supervisors to whom such map of supervis- is sent shall exhibit the same to such board at its first meeting thereafter, and shall make and immediately transmit to Jacob Parmeter, one of the above named commissioners, a true copy of such portions of the assessment rolls of the towns which are disTax bill to tinguished upon said map. The commissioners shall thereupon proceed to make out a tax bill upon the valuation of the lands as exhibited in such list, not exceeding the value of three days labor upon each hundred dollars as designated in such list having re

be made.

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