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Repeal.

be made.

Chap. 331.

AN ACT to amend "An act for the better regulation of the County and State Prisons of the State, and consolidating and amending the existing laws in relation thereto," passed December 14, 1847.

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. So much of the first and second articles of title first of the act entitled "An act for the better regulation of the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto," passed December 14, 1847, as requires the inspectors of state prisons to visit and examine county jails, is hereby repealed.

Alterations § 2. Section twenty-third of article second, title one, of said in plans of act, is hereby amended, and shall read as follows: It shall be the county prisons when to duty of the clerk of the board of supervisors to present such report and suggestions (so endorsed by the county judge,) to the board of supervisors at their next meeting, who are authorized and required to cause such alterations to be made in the plan and construction of the jail or prison of such county, and such additional rooms to be constructed as shall have been so suggested and approved by the county judge, and as shall be necessary to remedy such deficiencies, and to levy and cause the expenses so to be incurred, to be assessed upon the county as other county expenses are levied and assessed. In all cases where there shall exist any deficiency in room or apartments in such county jail or prison as is required for the classification named in this act, it shall be the duty of the supervisors to cause such deficiency to be supplied without unnecessary delay.

Vacancies

§ 3. This act shall take effect immediately.

Chap. 332.

AN ACT in relation to the collection of taxes in the eighth and ninth Wards of the city of Brooklyn.

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. In case of a vacancy existing or occurring in the office how suppli- of collector of taxes for the eighth and ninth wards of the city of Brooklyn, the mayor and common council of said city shall have

ed.

power to fill such vacancy by appointment, and they may appoint at their discretion, one person as collector for both said wards. Collector to Every collector so appointed shall give the security required by give security. law to be given by collectors of taxes, and shall be subject to all the liabilities of such collectors. The collector or collectors of said wards, whether elected or appointed, shall be entitled to retain out of the moneys collected by them, such fees for collection as may be fixed and determined from time to time by the said mayor and common conncil.

rolls to be

§ 2. The board of supervisors of the county of Kings, shall Assessment immediately after the passage of this act, cause the assessment delivered to rolls of the eighth and ninth wards of the said city, for the years collector. one thousand eight hundred and forty-five, one thousand eight hundred and forty-six, one thousand eight hundred and fortyseven, and one thousand eight hundred and forty-eight, or revised and corrected copies thereof, distinctly showing thereon all the taxes which remain unpaid, to be delivered to the collector or collectors of said wards, with warrants of collection annexed or subjoined thereto, and shall require all payments specified in such warrants, to be made on or before the third Tuesday of July, in the year one thousand eight hundred and forty-nine.

pay over

§ 3. The collector or collectors shall proceed to collect all the Collectors unpaid taxes on the said assessment rolls, together with the duty. percentages and the interest by law due thereon, and shall the same to the proper persons authorized to receive the same, in the same manner as the collectors of the several wards of the said city are by law required to collect and pay over the taxes on the assessment rolls annually delivered to them.

when to be

§ 4. The said collector or collectors shall make final return of Final return all unpaid taxes on said assessment rolls, and certify the same made. under oath, in the same manner as the collectors of the several wards of said city are required by law to make returns upon warrants annually delivered to them; and upon such returns being duly made, it shall be lawful for the mayor and common council of said city to enforce the payment of such unpaid taxes, with the percentage and interest due thereon, by the sale of the lands upon which such taxes may be laid in the manner now provided by law for the sale of lands for non-payment of taxes in said city.

§ 5. This act shall take effect immediately.

Terms in each year.

Where held.

Adjourn

ment.

Repeal.

Sale of road

Chap. 333.

AN ACT in relation to the Court of Appeals.

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

§ 1. There shall be at least five terms of the court of appeals in each year, to be held at such times and places as the court shall appoint, and continued as long as the public interests may require.

§ 2. The court may be held at a different place in the same city or town from that at which it is appointed to be held, and the court may, in its discretion, adjourn any term from the city or town where it is appointed to be held, to any other city or

town.

§ 3. Any one or more of the judges may adjourn the court with the like effect as though all were present.

§ 4. The ninth section of the "Act in relation to the judiciary,' passed May 12, 1847, and the thirteenth section of the code of procedure, are hereby repealed.

§ 5. This act shall take effect immediately.

Chap. 334.

AN ACT relative to the Prattsville turnpike road.

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

§ 1. The sale of the Prattsville turnpike road, made by virtue confirmed. of the foreclosure of a mortgage, executed by Alvin Bushnell, president of the Prattsville turnpike company to Aaron Bushnell and others, and which mortgage is dated July 29th, 1844, is hereby confirmed, and Aaron Bushnell, Silas Fowler, Justus D. Bushnell, Hiram Wheeler, and Asa B. Bushnell, the purchasers of said road at said sale, by virtue of said purchase are hereby declared to be entitled to all the rights, powers and privileges to which the said Prattsville turnpike company were entitled by their charter, and to be subject to all the provisions of the act entitled "An act to incorporate the Prattsville turnpike company," passed April 17, 1845.

Chap. 335.

AN ACT granting to George F. Von Beck the right to establish a ferry across the Rondout creek.

Passed April 10, 1849.

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

ed and main

§ 1. It shall be lawful for George F. Von Beck, of the town Ferry may of Kingston, in the county of Ulster, his heirs or assigns, to es- be establishtablish and maintain a ferry across the Rondout creek, from the tained. lands of said George F. Von Beck, in the town of Esopus, Ulster county, called South Rondout, and at a place immediately adjoining the eastern bulkhead of his ice-house dock, across the said Roudout creek to his, the said George F. Von Beck's land, adjoining the said creek, in the town of Kingston, in said county; and which lands are bounded on the west by William H. Bridger & Co.'s boat yard, and on the east by the dock of the Delaware & Hudson Canal company, for the term of ten years from the passage of this act.

Docks to be

§ 2. If the said ferry be so established, convenient docks or landing places, if not already erected, shall be erected on such erected. part of the lands of the said George F. Von Beck as shall be most suitable for the purpose; and suitable and safe ferry-boats shall be kept and maintained during the term aforesaid, capable and sufficient for carrying carriages, horses, cattle, goods and chattels, and passengers, across said creek, and ready for that purpose at all proper times and seasons.

§ 3. The county court of the county of Ulster, at its first ses- Rates of fersion after the passage of this act, and annually thereafter, during riage. the continuance of this act, shall establish the rates of ferriage, and hours of the day that boats shall be kept in readiness at said ferry.

4. If the said George F. Von Beck, his heirs or assigns, or Penalty. any ferryman, or other person employed by him or them, shall take, exact, or receive any greater or higher rates of ferriage than shall be established by the provisions of the next preceding section of this act, the person or persons so offending, shall forfeit and pay to the party injured for every such offence, the sum of five dollars, to be recovered with costs of suit, in any court having cognizance thereof.

5. If any person or persons, shall at any time after said fer- Restriction. ry shall have been established by virtue of this act, set up, keep or maintain any ferry, or shall convey or transport any person, goods or chattels, for hire or pay, from any place on either side of the Rondout creek between the ferry hereby granted, up to within one-fourth of a mile of the Eddyville bridge, or between the ferry hereby granted and the lower Rondout ferry, now owned by "Isaac D. Sleght, every such person or persons shall for every

Privileges hereby granted

when to

cease.

such offence, forfeit and pay to the said Von Beck, his heirs or assigns, the sum of five dollars, to be recovered with costs of suit in any court of this state having cognizance thereof, provided that nothing in this act contained, shall be construed to exclude any person or persons living or inhabiting along said creek, and within the limits aforesaid, from the right of conveying or trans porting themselves and their goods and chattels, respectively, in their own boats at pleasure.

§ 6. If at any time hereafter it shall appear upon sufficient evidence to the county court of the county of Ulster, that the said George F. Von Beck, his heirs or assigns, have wilfully and knowingly neglected to comply with the directions or restrictions of this act, said court shall adjudge and declare that all the privileges granted to them by virtue thereof shall cease, and be of no effect.

Road how to be made.

Chap. 336.

AN ACT to amend the charter of the Fallsburgh and Liberty turnpike road company.

Passed April 10, 1849.

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

§ 1. The third section of the act entitled, "An act to incorporate the Fallsburgh and Liberty turnpike company," passed May 10, 1845, is hereby amended so as to read as follows:

The said company shall make a good and sufficient road, the bed or arch thereof twenty-two feet wide; but where the steepness of the side hills, rocks or other obstacles render it impracticable or unnecessary in the opinion of the commissioners to complete it of that width, it may be of less width, but in no case shall the bed of said road be less than sixteen feet in width. The said road shall be commenced within one year and fully completed by the tenth day of November in the year one thousand eight hundred and forty-nine.

§ 2. This act shall take effect immediately.

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