which said committee so appointed, shall immediately thereafter proceed to erect and build the said court-house and jail in the said village, on the site or sites so designated, and procured as aforesaid, by the said commissioners for that purpose; and shall from time to time as the same may be necessary, draw upon the county treasurer for moneys for the same; and shall from time to time, when required by the said supervisors, account with them for all moneys by them or either of them received and expended for and on account of said buildings, or either of them. A majority of said building committee is hereby empowered to exercise all the powers vested in the said committee; and they shall, if required by the said board of supervisors, and the president and trustees of the said village, make and execute to the said county of Kings, such security by bond or otherwise, as the said supervisors, and the president and trustees, or a majority of them in board assembled may require for the faithful discharge of their trust; and if said security be required, the said committee shall, individually, make and execute the same to the said board of supervisors of the county of Kings, and shall deliver the same to the said supervisors, before they shall act in the premises, by whom they shall be paid for their services.

$ 4. Whenever the said court-house and jail so to be Duty of first erected, or either of them, shall be so far completed as to judge. admit of the same, or either of them being used for the purposes intended, it shall then be the duty of the first judge of the said county, to sign a declaration in writing to that effect, and to file the same in the office of the clerk of the said county, who shall thereupon cause the said notice to be published in the newspapers printed in the said county; and such declaration shall also be entered of record on the minutes of the county courts of said county, at the next following terms thereof; and from and after the filing and publication of such declaration, the terms of the courts of common pleas and general sessions of the peace of the said county, shall be held in said court-house; and all writs, process and proceedings returnable or continued at or to any of the said terms, shall be returnable and continued at and to the court-house in said village; and that from and after the filing and publication of such declaration in relation to such jail, the same shall then be the common jail of the said county, for the confinement of all criminals, and for all other uses and purposes for which common jails are designated by law.

$5. Until the filing and publication of such declaration in writs and relation to the said court-house as aforesaid, all writs, pro- process.

cess and proceedings whatsoever, returnable at or continued to any of the terms of the courts of common pleas and general sessions of the peace, or either of them, at the court-house in Flatbush, shall, from and after the passage of this act, be held to be, and shall be, returnable at or continued to the same terms at the apprentices' library, in the said village of Brooklyn, at which place the April and October terms of the said courts respectively shall be held. Sentences to $ 6. Persons convicted in the county of Kings of any offences punishable by imprisonment in a county jail, may be sentenced by the court before which such conviction shall be had, to imprisonment in the penitentiary erected by the supervisors of the said county on the county farm, instead of the county jail, and shall there be confined by the keeper of the said penitentiary in the same manner as they are required by law to be kept in county jails, and the keeper of the said penitentiary shall be subject to all laws applicable to the keepers of county jails.

penitentiary.

Keeper to give bond.

Fees.

To take effect.

$ 7. The keeper of the alms-house of the said county shall, by virtue of his office, be keeper of the said penitentiary, and shall, within thirty days after the passage of this act, execute à bond to the people of this state, with such sureties as shall be approved by any two judges of the county courts of the said county, in the penal sum of two thousand dollars, conditioned for the faithful discharge of the duties of his office; 'which bond shall be filed in the office of the clerk of the said county, and shall be prosecuted in the same manner as bonds given by sheriffs of counties; and the said bond shall be renewed whenever required by the board of supervisors of the said county, and a similar bond shall be executed by any keeper of the said alms-house who shall hereafter be appointed, before entering on the duties of his office.

S 8. The fees of justices of the peace, constables and marshals, in cases of offences cognizable in a court of special sessions, and which shall not be tried in the court of general sessions or oyer and terminer of the said county, and in cases cognizable by a single magistrate, shall be town and city charges, upon the towns or city where such offences shall have been committed, and the fines imposed and collected in any such cases shall be credited to the said towns and city respectively.

S9. This act shall take effect from and immediately after the passage thereof.

CHAP. 227.

AN ACT relative to the partition of lands.

Passed April 25, 1833.

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

$1. When a bill shall be filed in the court of chancery before the chancellor or vice-chancellor, for the partition of any lands, tenements or hereditaments held in joint tenancy or tenancy in common, by any owner or owners thereof, and any of the joint tenants or tenants in common, who are defendants in such bill, are minors, for whom no suitable or disinterested person shall voluntarily signify his consent in writing to the said court to be appointed guardian by the said court, and offer to give the security required by the Revised Statutes in cases of partition, it shall be the duty of the said court, on the petition of the complainants, to appoint the register, assistant register, or either of the clerks of the said court, the guardian for such minor or minors, for the purpose of such partition, and to dispense with the securities so as aforesaid required: Provided however, that a copy of the said petition and notice in writing, signed by the solicitor of the complainants, specifying the time and place when and where the said petition will be presented, shall be served at least ten days before the presentation of such petition upon the general guardian of such minor or minors, in case there be such guardian, or upon the minor, if there be none; proof of which service shall be duly made to the chancellor or vice-chancellor before whom such bill shall have been filed.

CHAP. 228.

AN ACT to incorporate the Oswego academy.

Passed April 25, 1833.

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

$1. Peter D. Hugunin, Joel Turrill, Charles S. Phelps, Corporation Henry Eagle, Daniel H. Marsh, John Grant, junior, The- created. ophilus S. Morgan, Moses Whitney, George Fisher, and all such other persons as now are or shall hereafter become their associates, are hereby declared and constituted a body corporate and politic, by the name and style of

Trustees.

Officers.

Stock.

Literature fund.

"The Oswego Academy," to be located in the village of West Oswego, in the county of Oswego, and by that name they and their successors shall be capable in law to purchase, receive, hold and enjoy any estate, real and personal, by devise or otherwise, and to lease, sell or convey, or otherwise dispose of the same; but the yearly income, rents and profits of such real and personal estate, shall not at any time exceed two thousand dollars.

$ 2. The affairs of said corporation shall be managed by a board of trustees, nine in number, a majority of whom shall constitute a quorum to do business; and the persons named in the first section shall be the first trustees, until the first Tuesday in September, in the year eighteen hundred and thirty-three; on that day, and on the first Tuesday of September in each succeeding year, at the academy building, there shall be an election of trustees by the stockholders, when one-third of the whole number shall be eleeted; the remaining two-thirds shall continue in office, the one-half for one year, the other half for two years, the same to be determined on the day of the election by ballot, so that one-third of the whole number shall be annually elected. The election shall be by ballot, each member in person or by proxy being entitled to one vote for every share of stock by him or her held: Provided, that no person shall have more than ten votes, whatever number of shares he may hold.

S3. The trustees may choose from their number a president, secretary and treasurer; and whenever any vacancy shall occur in their number by death, resignation, removal or otherwise, they may, within thirty days thereafter, supply such vacancy from the other members of the association, and the person so elected shall hold his office until the next election for trustees, when a regular election shall be made as aforesaid; they shall also have power to make by-laws for the regulation and government of said incorporation, and to take charge, keep, use and dispose of all its property and funds. It shall be lawful for them to appoint the professors and teachers, to prescribe the course of studies, and determine the system of discipline by which the school shall be governed.

S4. The capital stock of the corporation aforesaid shall be six thousand dollars, divided into shares of fifty dollars each, which shall be deemed personal property, and shall be transferable in manner prescribed by the by-laws of the said corporation, and shall be free from taxation.

$5. The said academy shall not be entitled to any share or proportion of the literature fund, until the regents of the university shall incorporate the same, and in that case

said corporation shall be entitled to its distributive share of said income, subject to the regulations and restrictions applicable to academies incorporated by said regents.

⚫ers.

$6. The corporation hereby created shall possess the General powpowers enumerated in, and be subject to the provisions of title third, chapter eighth of the first part of the Revised Statutes.

CHAP. 229.

AN ACT relative to commissioners of deeds in the county of Suffolk.

Passed April 25, 1833.

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

$1. The several appointments of commissioners of deeds made by the judges and supervisors of the county of Suffolk, not exceeding four in any one town, and the official acts of the said commissioners, shall be of the like force, validity and effect, as if the judges of the county courts of the said county had caused the rules required by law, prescribing the number of such commissioners to be entered in the minutes of the court of common pleas, at the several terms next preceding the several annual meetings of the said judges and supervisors for the purpose of making such appointments.

CHAP. 230.

AN ACT to prevent the introduction of foreign convicts.
Passed April 25, 1833.

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

$1. The master or commander of any ship, boat or Penalty other vessel arriving from a foreign country, who shall knowingly bring any person, either as a passenger or hand, into any port, city, harbor or place within this state, with intent to land or to permit to land such passenger or hand, which passenger or hand shall have been or shall be a foreign convict of any felony, which if committed in this state would be punishable therein, shall be considered for such offence guilty of a misdemeanor, and shall be

* So in the original