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time remove all or any of the said commissioners, and ap-
point others in their stead.

S 3. The money so to be raised, shall, as fast as col-
Money how
to be dispo. lected, be paid by the treasurer of the county of Herki-

mer to the commissioners for building the jail, and the im-
provements of said court-house for the time being, who
shall from time to time account to the board of supervi,
sors of said county for all money by them received for
building sạid jail, and the improvements of said court-

house. Loans.

S 4. It shall be lawful for the commissioners for build, ing said jail, or a majority of them, by two or more different loans, to borrow on the credit of the county of Herkimer, a sum not exceeding six thousand dollars in all, payable in annual instalments, with annual or semi-annual interest, not exceeding seven per cent per annum, and to pay the said instalments and interest, from the money

so to be raised as aforesaid.
Matorials. $ 5. The said comissioners shall, as soon as may be

convenient, after passing this act, borrow so much money
as shall be necessary to provide the materials for the said
jail, and shall proceed with all convenient diligence in

erecting and completing the same.
Duty of wher $ 6. When the jail hereby authorised to be built, shall

be completed, the same shall be the jail of the said coun-
ty, and the sheriff shall remove thereto all the prisoners
who shall then be confined in the jail of the county.

87. The compensation of the said commissioners shall missioners.' be fixed and allowed by the board of supervisors, and paid

as other contingent charges of the county are paid.

S 8. This act shall take effect, and become a law from the time of the passage thereof,

iff.

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CHAP. 49.
AN ACT to extend Amos-street to the Sixth avenue, and

to discontinue Ninth-street and Tenth-street westerly of
the said avenue, on the map or plan of the city of New-
York.

Passed March 5, 1833.
The People of the State of New-York represented in
Senate and Assembly, do enact as follows:

S 1. The street now known as Amos-street in the city to be continue of New York, shall be continued on the map or plan of

Amos sireet

.

the said city, easterly from Greenwich-lane to the Sixth avenue, of the same width and in a direct line with that part of the said street lying westerly of the said lane; and the said part of Amos-street so to be continued, is hereby declared for all legal purposes, to be one of the streets of the city of New York, and may be opened as such according to law.

S 2. The streets known as Ninih-street and Tenth-street Nint and respectively, on the map or plan of the said city, shall terminate at the said Sixth avenue, and shall not be continued on the said map or plan, westerly of the said avenue.

tonth streets.

CHAP. 50. AN ACT authorising the appoiniment of a supreme court commissioner to reside in the county of Wayne.

Passed March 7, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1, There shall be appointed in the manner now prescribed by law, a supreme court commissioner, who shall reside in the county of Wayne, and who shall possess the powers of a supreme court commissioner, as defined and limited in the second article of the second title of the third chapter of the third part of the Revised Statutes. S 2. This act shall be in force from the

passage

thereof.

CHAP 51.
AN ACT to incorporate the Bernville academy and fe-

male seminary.

Passed March 8, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. John Jost Dietz, Malachi Whipple, Daniel Simmons, Frederick Basler Jr. Amos Crary, Moses Patten, created. Adam Clark Jr, Lyman Dwight, Jacob D. Settle and others, their associates, together with such other persons as may become members of the corporation hereby created, shall be and they are hereby constituted and declared to be a body corporate and politic, by the name of the Bernville academy and female seminary.

Corporation

Real estato.

Trustees.

áng.

$ 2. The corporation hereby created shall be forever capable in law, to take, receive, hold and enjoy any estate, real and personal, whatsoever, by devise or otherwise, to the use of them and their successors, and to lease, sell and 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 the sum of six thousand dollars.

S 3. There shall be forever hereafter, nine trustees of the said corporation, who shall be members thereof, and who shall manage all the affairs thereof: And the first trustees of the said corporation shall

be John Jost Dietz, Malachi Whipple, Daniel Simmons, Frederick Basler Jr. Amos Crary, Moses Hatten, Adam Clark Jr. Lyman Dwight and Jacob D. Settle, who shall hold their offices until the first Wednesday of May in the year one thousand eight hundred and thirty-four, and until others shall

be elected in their places. Annual meet $ 4. There shall be on the first Wednesday of May in

the year one thousand eight hundred and thirty-four, and the first Wednesday of May in every succeeding year, a general meeting of the members of the said corporation at some convenient place in Bernville, to be designated by the by-laws of the said corporation; and a majority of the members who shall meet in person and by proxy, shall elect by ballot nine of their members to be trustees of the said corporation for the year then next ensuing.

$ 5. The trustees of said corporation shall have power to choose out of their number a president, a treasurer and secretary, who shall immediately enter upon their offices, and to hold the same from the time of such election for one year, and until others shall be chosen and appointed in their stead; and in case any of the trustees shall die or resign, refuse or neglect to act, then and in every such case the remaining trustees shall and may, within thirty days thereafter, elect by ballot other members of the said corporation in their stead, who shall hold their office until the first Wednesday in May then next ensuing, and

until others shall be chosen in their stead. Subscriptions

S 6. Each member shall be entitled to one vote for each share of twenty-five dollars of which he shall be the holder; and the said trustees shall receive subscriptions for shares in said corporation until the yearly income, rents and profits of the real and personal estate of the said corporation shall amount to the said sum of six thousand dollars; the said shares shall be assignable and transferable according to such rules as the board of trustees

Presidont

an elec

Elections

shall from time to time make and establish, and shall be considered personal property, and shall be exempted from taxation.

$ 7. In case it should at any time happen that tion of the trustees should not be made on any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause, or for any non-user, be deemed to be dissolved, but that it shall and may be lawful on any other day to hold an election for trustees in such manner as shall be provided by the laws and ordinances of the said corporation.

S 8. The said academy shall not be entitled to any share of li share or proportion of the income of the literature fund loraturo func!. until the regents of the university shall be satisfied that said academy has complied with all the requisites which would authorise and induce the regents to incorporate the same; and in that casc 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.

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CHAP 52.

AN ACT to provide for the payment of the costs and
disbursements of attaching creditors.

Passed March 8, 1833.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows :
S 1. The trustees appointed under and in pursuance of

Duty of trust the fifth chapter of the second part of the Revised Sta- toon. tutes,'shall, out of the moneys in their hands, after deducting all the necessary disbursements made by them in the discharge of their duty and their commission, pay to the attaching creditor his costs and disbursements to be taxed.

$ 2. The bond required to be given by the fifty-fifth Condition is section of the first article of the first title of the said chapter, shall also contain a condition that in the event of its appearing that any sum of money was due to any attaching creditor, the said debtor will pay to every such creditor the costs and disbursements incurred in obtaining such: attachment, and of the proceedings thereon.

bond.

CHAP. 53.
AN ACT for the relief of Benjamin Chadsey:

Passed March 8, 1833.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows :

S 1. It shall be the duty of the trustees of school district number eleven in the town of Clifton-Park, in the county of Saratoga, to raise by tax upon the taxable inhabitants of said district, and in the manner prescribed by the fifth article of the fifteenth chapter of title second of the first part of the Revised Statutes, the sum of one hundred thirty-one dollars and fifty-eight cents, and to pay the same to Benjamin Chadsey, deducting therefrom five per cent for the collection thereof.

Town of Prattsville åtected.

CHAP. 54.
AN ACT to divide the town of Windham; in the county of

Greene:

Passed March 8, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S 1. From and after the last day of March instant, so much of the town of Windham, in the county of Greene, lying westerly of a line drawn from the north line of the town of Lexington, north to the mouth of the Lewis brook, thence up said brook to its head, thence north to the north line of the town of Windham, shall be a separate town by the name of Prattsville; and the first town-meeting shall be held at the house of Henry Laroway, in said

town on the first Tuesday of April next. Vindham to

$ 2. The remaining part of the town of Windham shall remain a separate town by the name of Windham; and the next town-meeting shall be held at the dwelling-house of Mary Strong, in said town, on the first Tuesday of April next.

S 3. The commissioners of common schools of the town of Windham, shall distribute to the trustees of the several districts in the towns of Windham and Prattsville, as they are now organized, the school moneys appropriated and raised in said town of Windham, during the present

temuin

School districts.

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