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be paid out of the moneys appropriated by the eighth section of this act; and persons afflicted with such diseases, and diseases suspected to be infectious or contagious, and who by the existing laws are entitled to be received into the marine hospital, shall in future be sent to such hospital, at Sandy Hook, and shall not be received into the marine hospital; and all the police regulations of the hospitals at Staten Island shall be held to apply to the hospitals at Sandy Hook.

8 5. The commissioners of emigration shall as soon as practito be procured.

cable after the passage of this act procure a suitable place on Staten Island or elsewhere remote from the premises of the marine

hospital for the burial of patients who may die in said hospital. Moneys $ 6. All sums of money drawn pursuant to the provisions of drawn how reimbursed.

this act, shall be reimbursed to the treasury out of any surplus moneys which by the laws of this state the commissioners of health, or the commissioners of emigration are or may be entitled to receive and which in the opinion of said commissioners of emigration will not be required for other necessary disburse

ments. Warrants

$ 7. The comptroller is hereby authorised to draw his warrant when drawn.

* in favor of the commissioners named in the first section, and upon their requisition, not exceeding however in the whole, the amount

in this act appropriated. Appropria $ 8. The sum of fifty thousand dollars, or as much thereof as tion of $50,000.

may be necessary is hereby appropriated for the purposes of this act, to be paid by the treasurer on the warrant of the comptroller.

8 9. This act shall take effect immediately.

.
AN ACT in relation to pardons.

Passed April 10, 1849.
The People of the state of New-York, represented in Senate

and Assembly, do enact as follows : Governor $ 1. Whenever an application shall be made to the governor may call on for a pardon, he may require the district attorney of the county torneys for in which the conviction of the person for whom the pardon is statements.

asked was had, and it shall be the duty of such district attorney to furnish the governor immediately on such requisition being made with a concise statement of the case as proved on the trial together with any other facts or circumstances which might have

a bearing on the question of granting or refusing a pardon. Notice when 82. Before any application for a pardon shall be presented to

the governor, written notice thereof shall be served upon the disdist. atty.

trict attorney of the county in which the conviction shall have been had, and proof of the due service of such notice shall be

served on

presented to the governor before any such application for a par-
don shall be acted on.

$ 3. Notice of such application, unless in the opinion of the Notice when
governor justice requires that it shall be dispensed with, shall be to be pub-
published for four weeks in the state paper, and also in a county
paper, printed in or nearest the town in which the conviction was
had ; and in cases of crimes committed in the city of New York,
in a paper to be designated by the governor, having respect to
the largest circulation.

§ 4. This act shall take effect immediately.

Bevoise street dis

ed;

7

!

Chap 311.
AN ACT to alter the commissioners' map of the city of Brooklyn

Passed April 10, 1849.
The People of the State of New-York, represented in Senate
and Assembly, do enact as follows :

§ 1. All that part of De Bevoise street, as laid down upon the Parts of De map made by the commissioners appointed to lay out streets, avepues and squares in the city of Brooklyn, which lies between De continued. Kalb avenue and Fulton avenue, is hereby discontinued and clos

and all that part of De Bevoise street which lies north of Willoughby street, as laid down on said map, is hereby discontinued and closed.

§ 2. All that part of Prince street, as laid down upon said Part of commissioners' map, which lies between Fleet street and Fulton Frince street. avenue, is hereby discontinued and closed. § 3. The public square or park laid down upon said commisson

Fulton ers' map, called Fulton square, situated between Fulton, Brook-square. lyn and Hudson avenues, is hereby declared to be discontinued and closed, and the owner or owners of the lands lying within the limits of the same, may improve, build upon, and occupy the same in the same manner as if the same had never been designated as a public square or park. $ 4. All that part of the square or park called city park, as

City park. laid down on said commissioners' map, which extends east of the . limits of said park as the same as now opened and graded, is hereby discontinued and closed.

§ 5. A new street fifty feet wide is hereby laid out and estab- Park street. lished in said city, to be called Park street; said street shall extend from Park avenue to Flushing avenue, as the same are laid down on said map, and shall be bounded on the west line thereof by the city Park, as now opened and graded.

$ 6. All that part of Hamilton avenue which lies between Hamilton av. Smith street and Third avenue of said city, is hereby laid out, established, fixed and declared to be, upon a straight line with that portion of said Hamilton avenue already opened, and upon the

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Fourth st.

same lines originally laid down upon the map of the commissioners appointed to lay out streets, avenues and squares in the city of Brooklyn; and it shall be lawful for the mayor and common council of the city of Brooklyn to open said Hamilton avenue between Smith street and Third avenue, as said Hamilton avenue was originally laid down upon said commissioners's map, provid

ed that nothing in this act contained shall be so construed as to Proviso.

impair any of the vested rights of the company or corporation

known as the “ Brooklyn and Gowanus Toll Bridge Company." First street. § 7. First street as laid down upon said commissioners' map, is

hereby so altered, that upon Smith street the centre line of said First street shall be equi-distant from Carroll street and Second street, and said First shall be and extend from said Smith street in a straght line, so as to strike Second avenue where it strikes

the same as laid down on the said map. Hoyt street,

$ 8. Hoyt street is hereby continued and extended from its present termination on said map, southerly in a straight line and on

the same course to Sixth street. Bond street 8 9. Bond street is hereby continued and extended from its

present termination on said map, southerly on a course parallel

with Second avenue until it strikes the centre of Gowanus creek. First avenue $ 10. All that part of First avenue, as laid down upon said map

which lies between Carroll street and Fifth street, is hereby discontinued and closed.

§ 11. All that part of Fourth street, as laid down on said map, which lies between Second avenue and Bond street as said Bond street is hereby extended, is hereby discontinued and closed.

$ 12. All that street or avenue called Hammond avenue, as laid down upon the commissioners' map of said city, is hereby discontinued and closed, and the owners of lands lying within the limits of said Hammond avenue and all other streets and avenues hereby closed, may use, build upon and occupy the said lands in the same manner as if said streets and avennes had never been laid down on said map.

$ 13. Clason avenue as laid down on said map, is hereby continued and extended from its present termination at River street, in a course which shall be a straight and direct continuation of the line and boundaries of said avenue at said termination, to the in

tersection of Kent avenue with Hewes street: provided that no Proviso.

proceedings shall be taken by the mayor and common council to open the said portion of said avenue hereby extended, until the consent, in writing, of a majority of the persons to be assessed for the improvement shall be first presented to the said Common

Council. A street to § 14. The mayor and common council of the city of Brooklyn be laid out shall be authorised to open and lay out, or take by cession a street to Flatbush extending from Fulton avenue to Flatbush avenue as said Fulton

avenue and Flatbush avenue are laid down on the map made by the commissioners for laying out streets, &c., the game to be made northerly side thereof five hundred and forty-five feet, southerly

Hammond avenue.

Claso nne.

Ave

avenue.

of and parallel with De Kalb avenue as laid on said map and to be
eighty feet wide; and the said mayor and common council of said
city shall have and possess all the powers in relation thereto as
if said street had been laid out by the commissioners on the city
map.

$ 15. All that triangular piece or parcel of land bounded on the Triangular
north by the southerly side of De Kalb avenue, on the south by the piece of land
northerly side of Fulton avenue, and on the east by a line drawn De Kalb avo-
in continuation of the easterly line of Bond street from Fulton nue.
avenue to De Kalb avenue is hereby designated and laid down on
the said commissioners' map as a public street or space, to be
opened, graded and paved in the same manner as the other pub-
lic streets in said city, and all the provisions of law relating to
streets, avenues and squares as the same are laid down on said
commissioners' map, shall apply to said parcel of ground.

§ 16. All that part of the public square or park laid down on Part of Bedsaid commissioners' map called Bedford Green, which is bounded

discontinuand included by and between Fulton, Franklin, Jamaica and Bed-ed. ford avenues, is hereby declared to be discontinued and closed, and the owner or owners of lands lying within said limits may use, occupy and enjoy the same in the same manner as if the same had never been laid out as a public square or park. The remainder of said Bedford Green is to remain a public park as heretofore.

$ 17. This act shall take effect immediately.

ford Green

Chap. 312.

AN ACT to appoint Commissioners further to revise, reform,

simplify and abridge the rules, practice, pleadings, forms and
proceedings of the Courts of Record of this state, and Com-
missioners of the Code,pursuant to the seventeenth section of
the first article of the Constitution.

Passed April 10, 1849, “ three-fifths being present.”
The People of the State of New York, represented in Senate
and Assembly, do enact as follows :

§ 1. Arphaxed Loomis, David Graham and David Dudley Three comField, are hereby appointed commissioners further to revise, re- missioners form, simplify and abridge the rules and practice, pleadings, forms and pleadand proceedings of the courts of record of this state, so far as

ings appointthey deem advisable, and to report thereon to the next legislature on the first day thereof, subject to the action of such legislature; such report shall be printed by the state printer, under the direction of the commissioners, before the same is presented.

$ 2. The said commissioners shall take the oath of office and Tenure of hold their offices as such until the thirty-first day of December office and next, when the same shall cease, and each shall receive as his

ed.

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compensation therefor, at and after the rate of two thousand dollars per year for the time spent by him, to be paid by the treasurer on the warrant of the comptroller, out of any moneys not

otherwise appropriated. Repeal. $ 3. All former laws and parts of laws appointing or continuing

the persons aforesaid as such commissioners, or relating to their powers and duties as such, are hereby repealed, but without prejudice to their right to receive any compensation for their services to which they may now be entitled.

8 4. John C. Spencer, Alvah Worden and Seth C. Hawley, Three commissioners of are hereby appointed commissioners of the code to perform the

bon code ap duties specified in the seventeenth section of the first article of two years. the constitution, from and after the eighth day of April, eighteen

hundred and forty-nine, and shall continue in office for the term of two years from the passage of this act, but may be sooner removed by concurrent resolution of the Senate and Assembly, for

cause to be specified in said resolution. Their sala- $ 5. Each of the said commissioners last mentioned, shall be ries.

allowed at the rate of two thousand dollars a year for the time during which he shall be actually employed in performing his duties as such commissioner, to be paid quarterly by the treasurer on the warrant of the comptroller, out of any moneys not

otherwise appropriated. Each may

$ 6. Each of the said commissioners last named, may employ employ a a clerk or clerks, but the total expense thereof shall not exceed clerk,

two hundred dollars per annum, for each commissioner, and the said expense shall be certified by the commissioner employing said clerk or clerks, and paid out of the treasury upon the warrant of

the comptroller. Vacancies $ 7. Any vacancy that may occur by the death, removal, resighow filled. nation or refusal to serve, of any of said commissioners last

named, may be filled by the governor, whenever such vacancy shall occur during the recess of the legislature, and whenever such vacancy shall occur during the session of the legislature, it may be filled by a concurrent resolution of the Senate and Assembly, to be passed by a majority of all the members elected to

each branch of the legislature. Sections to

8 8. All the provisions of sections three, six and seven, of the apply. act entitled “An act for the appointment of commissioners as re

quired by the seventeenth section of article first, and the twentyfourth section of article sixth of the constitution, passed April 8, 1847, shall apply to the three last named commissioners appointed by this act.

89. This act shall take effect immediately.

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