CHAP. 40. AN ACT confirming certain acts of the commissioners for loaning money in the county of Chenango. Passed March 1, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The acts of the commissioners for loaning money in the county of Chenango, in loaning money paid in to them in the year one thousand eight hundred and twentynine, one thousand eight hundred and thirty, and one thou sand eight hundred and thirty-one, as directed by law, before the passage of the act of thirtieth March, one thousand eight hundred and twenty-nine, entitled, “An act further to extend the time for the payment of moneys loaned by the commissioners of loans, and loan-officers, to citizens of this state, passed March 30th, 1829," are hereby confirmed, and the mortgages taken by said commissioners for such loans, are hereby declared to be valid and legal, and shall be enforced and collected, as they would have been, if the said act of thirtieth of March, one thousand eight hundred and twenty-nine, had not been passed. CHAP. 41. AN ACT authorising the improvement of the navigation of Passed March 2, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: given. $1. It shall be lawful for the inhabitants of the town of Authority" Flushing, in the county of Queens, to improve the navigation of the channel of Flushing bay and creek, so that it may be navigated by steam-boats, and other water-craft, at all times of the tides. ers. $2. Joseph Bloodgood, Jonathan Peck, Effingham W. Commissions Lawrence, Thomas H. Thomas and Isaac Peck, shall be, and they are hereby appointed commissioners to execute this act, and they shall have full power and authority to excavate and remove from the channel of said bay and creek, the alluvial deposites, and other substances, which constitute the obstruction of the navigation; and they may adopt such measures for removing said obstructions, and for improving the navigation, as they may deem the best calculated to effect the object. Survey, &c. $ 3. The said commissioners are hereby authorised to cause the line of said excavation to be surveyed or marked out; and to make contracts and agreements for the performance of the work; and to take up and receive voluntary subscriptions and donations for the amount or sum that may be required for the execution and completion of said work: and all such contracts, voluntary subscriptions and donations, shall be good and valid in law, and may be enforced by the commissioners, in accordance with the true tenor and meaning thereof. Saving clause. Penalty. 1 S 4. The people of this state shall not be liable for any expenditure for the said work, or for any debt contracted by the commissioners in improving the navigation as aforesaid, or in any manner be bound to contribute hereafter to the completion of said work, nor shall any toll or charge whatever be exacted from any person for using the same. But the navigation of the said bay and creek shall always be free as heretofore, notwithstanding the effecting of the aforesaid improvement. $5. If any person or persons shall wilfully obstruct the improved navigation, made pursuant to this act, in any way whatever, such person or persons, so offending, shall forfeit and pay the sum of fifty dollars, to be recovered by and in the name of any person who shall sue for the same, with costs of suit, before any court having cognizance thereof. CHAP. 42. AN ACT to amend the Revised Statutes relative to the removal of causes to the courts of common pleas by certiorari. Passed March 4, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. No certiorari'shall be dismissed, on account of any informality or other imperfection in the bond executed by or in behalf of the party obtaining such certiorari, if he and his sureties consent to amend the same, or if another sufficient bond to be approved by the court, shall be filed; and in such case, the court shall amend or receive such bond accordingly. CHAP. 43. AN ACT relative to the marshals in the city of New York. Passed March 4, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. It shall be lawful for the mayor of the city of New-York, by warrant under his hand and seal, to commission and empower from time to time, such and so many of the marshals of the said city as he may think fit, to serve process issuing out of the several courts of the assistant justices of the city of New-York, or out of the marine court of the said city, not exceeding fifty in the whole. CHAP. 44. AN ACT to confirm the assessment of a tax in the county of Erie, and to authorise the collection of the same. Passed March 4, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: confirmed. $1. The acts of the board of supervisors of the coun- Assessment ty of Erie, at their annual meeting, in the year one thousand eight hundred and thirty-two, in assessing the sum of three thousand dollars, and the fees for the collection thereof, upon the said county, to complete the jail of said county, and directing the collection thereof, is hereby confirmed. $ 2. The collectors of the several towns in said county Duty of col are hereby authorised, and it shall be their duty to levy lectors. and collect the same, or so much thereof as they are by their warrants directed to levy and collect, and shall pay the same to the county treasurer of the said county, as they are by their warrants respectively directed and required. Acts made S3. The assessment and levy of the said sum of three thousand dollars, and collecting fees, shall not invalidate valid. the acts or proceedings of the said board of supervisors, but the acts, doings, and proceedings of the said board shall, in all respects, be as valid, legal and effectual, as if the said board had been authorised to levy and collect the same. To take of fect. $ 4. This act shall take effect immediately on the pas sage thereof. Time extend ed. Deed of site. Former site. СНАР. 45. AN ACT to amend an act, entitled, "An act authorising the removal of a gun-house, in the village of Binghamton, in the county of Broome, passed March 15th, 1828." Passed March 4, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The time specified in said act for the fulfilment of the conditions to be performed by John T. Doubleday, to vest the title of the original site of the gun-house mentioned in the act hereby amended, in himself, shall be extended to the first day of January, eighteen hundred and thirty-four. $ 2. The conveyance of the present site of the gunhouse, or one to be approved by the clerk of the county, shall be made under the superintendence of that officer. $ 3. Whenever the said John T. Doubleday shall have fully complied with the provisions of the act hereby amended, and of this act, the title of the former site of the said gun-house shall vest in him, his heirs and assigns. CHAP. 46. ΓΙ AN ACT respecting the terms of the county courts of the county of Tompkins. Passed March 4, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The terms of the court of common pleas and general sessions, of the county of Tompkins, shall hereafter be held on the fourth Mondays of January and September, and on the third Monday of May in each year, instead of the times now provided by law; and all process already issued, or which may be issued before this act takes effect, and made returnable on the fourth Monday of May, shall be deemed to be returnable on the third Monday of May next. CHAP. 47. AN ACT concerning highways in the village of Potsdam. The People of the State of New-York, represented in $1. The commissioners of highways of the town of Potsdam, in the county of St. Lawrence, are hereby empowered from time to time, in their discretion, to lay out, open, alter, improve and maintain public highways within. the said village, of such width, not less than two, nor more than four rods wide, as they shall think proper. CHAP. 48. AN ACT to authorise the board of supervisors of the county of Herkimer to raise money to build a jail. Passed March 5, 1833. The People of the State of New-York. represented in Senate and Assembly, do enact as follows: S1. The board of supervisors of the county of Herki- $5,000 to be mer shall be directed, by a tax upon the inhabitants of raised by tax. said county, and to be levied and collected as the other contingent expenses of the said county are now levied and collected, to raise the sum of five thousand dollars, or such sum less as shall be sufficient therefor, to build and construct, in the village of Herkimer, in said county, a new stone jail, with work shops, and such other conveniencies necessary for the confinement, punishment and employment at labor, of persons confined therein; and to alter and repair the present court-house and jail building, and to convert the same into a court-house and rooms suitable for the accommodation of grand and petit jurors, and for county offices, and that such moneys be raised by said supervisors by instalments of not exceeding one thousand dollars over and above treasurer's and collector's fees thereon, annually, after the passage of this act. $ 2. The said jail shall be built under the superinten- Jail how to dence of Edmond Varney, Cornelius T. E. Van Horn, be built. Isaac S. Ford, Jacob F. Christman, Warner Folts, Frederick P. Bellinger and Charles Gray, commissioners, who have been appointed by the said board of supervisors for that purpose. The said board of supervisors may at any |