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year, in the same manner as if this act had not been passed.

S 4. This act shall take effect on the passage thereof. To take of

CHAP. 55.

street.

AN ACT to widen Liberty-street, in the village of Pough

keepsie.

Passed March 9, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

S 1. The trustees of the village of Poughkeepsie are Dimonsion of hereby authorised and required to widen and lay out Liberty-street, in said village, according to the following boundaries and description: The east line of said street to commence on Main-street, at the northwest corner of the lot owned by Elijah Morgan; thence southerly in the line of „said lot to the rear of the house, as it now stands; thence in a straight line to the southwest corner of the widow Nelson's lot, on Cannon-street, as the corner of the fence now stands: The west line of said street to commence on Main-street, at the northwest corner of Marvin Richardson's lot; thence in the line of said Richardson's lot southcrly to the rear of the fence; thence in a straight line to Cannon-street, parallel to the above mentioned east line of Liberty-street, and no building, 'piazza, door step, or any other erection whatever, shall, at any time, extend or project beyond the line of said street, as above described. S 2. The trustees of the village of Poughkeepsie are to be pitched

and widened. also authorised and required to pitch and regulate Libertystreet, after the same shall have been widened and laid out as above directed, and to cause the same to be paved, and the side-walks flagged; the expense thereof to be borne, paid and collected in the same manner as is now provided by law for pitching, regulating and paving streets in said village, and flagging the side-walks thereof.

S 3. Before laying out and widening Liberty-street, the Petition to trustees of said village shall apply, by petition, to the vice- vice chancul chancellor of the second circuit, who, upon such application, shall cause such notice to be given to all persons interested in said improvement as he shall deem proper and sufficient, by publishing the same in one of the newspapers printed in the village of Poughkeepsie, appointing therein the time and place of hearing all persons so inte

Damages

rested: At which time and place, upon proof of the publis how to be ai. cation of said notice, the said vice-chancellor shall direct

the manner of ascertaining the damages which the owner
of
any

land or real estate will sustain by reason of the laying out and widening of said street; and the said vicechancellor shall appoint three competent and disinterested commissioners, who shall be freeholders and residents of said village, and who shall, under the direction of the said vice-chancellor, and on oath, faithfully to discharge their duty in the premises, make appraisement and determine said damages. In ascertaining such damages, the said commissioners shall take into consideration the benefit which such owner may derive from said improvement. The damages thus ascertained, together with the expenses of the proceedirgs under this act, shall be assessed by said commissioners, on lots situate on said street, or elsewhere in said village, which may be particularly benefitted by said improvement; in such manner and proportion as the said commissioners shall deem just and proper. They shall report in writing, under their hands, to the vice-chancellor; who shall examine the same, and hear the parties in interest in relation thereunto, if he shall deem it expedient, and increase or diminish the damages, or vary the assessment for benefits, if he shall be satisfied injustice has been done. The report shall contain a general description of the lots, and the owners thereof, on which damages are sustained, and also of those which are assessed for benefits received. On confirmation of the said report, by an order to be entered in the office of the clerk of the said vice-chancellor, the trustees of said village shall proceed to lay out and widen said street, and to pitch, regulate and pave the same, and to flagg the side-walks thereof, as directed by the first and second sections of this act. The damages assessed by said commissioners on lots benefitted by said improvement, shall, on the confirmation of said report, become a lien on said lots respectively, and shall be paid and collected in the same manner as is now provided by law for the payment and collection of assessments for paving streets in said village: and the trustees of said village, in receiving the amount of damages thus assessed, shall pay over the same to the individuals entitled to it, or deposit each one's portion to his credit in one of the banks in said village. The commissioners shall each be entitled to receive three dollars a day for their services, which, with the other expenses attending the proceedings, shall. form part of the amount to be assessed as aforesaid.

S 4. This act shall take effect immediately after its passage.

To take er feet.

Second

CHAP 56.
AN ACT relative to the Comptroller's office.

Passed March 11, 1838.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

S 1. There shall be a second deputy comptroller, who shall be appointed in the same manner, and receive the deputy. same compensation, as is now provided by law in relation to the deputy comptroller.

S 2. The deputy to be appointed pursuant to this act his powers may perform any of the duties of the comptroller, in re- and dution. lation to the canals, except as a commissioner of the ca.nal fund.

$ 3. Such deputy shall be the clerk of the commission Clerk. ers of the canal fund, and of the canal board.

$ 4. All papers relating to the canals, whether pertain- Papeco. ing exclusively to the duty of the comptroller, or to the duties of the commissioners of the canal fund, or of the canal board, shall be deposited in the comptroller's office.

$ 5. Copies of all such papers as are mentioned in the Copies. preceding section, and extracts from the minutes of the orders and proceedings of the commissioners of the canal fund, and of the canal board, certified by the comptroller, shall, in all cases, be evidence equally, and in the like manner as the originals.

$ 6. The salary of the deputy comptroller, to be ap- Salary. pointed under this act, shall be a charge on, and be paid out of the canal fund.

$ 7. This act shall not be construed to authorise the Clerko. employment of more than three clerks in the canal department of the comptroller's office, exclusive of the second deputy comptroller.

$ 8. This act shall take effect on the passing thereof. To take ef

57.

Term of ser vice.

Firemen

CHAP.
AN ACT to amend and extend the act entitled "An act to

incorporate the firemen of the city of Albany, and for
other purposes.'

Passed March 11, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Every person who on the first day of April next, shall have been a fireman of the city of Albany, during seven, eight, or nine years, and who shall serve as such one year thereafter; and every person who on the first day of March next, shall have been such fireman for six years or a less period of time, and who shall serve as such for so long a time thereafter as shall make the whole term of his service seven years; and every person who may

become such fireman after the said first day of April next, and shall serve as such for seven years thereafter, shall, during and forever after such services, be exempted from serving as a juror in any of the courts of this state, and from all militia duty, except in cases of insurrection or invasion.

$ 2, If any fireman of the city of Albany shall, while injured or in the performance of his duty as such, be so maimed or

injured as to render him thereafter unable to perform the duties of a fireman, or who shall be so maimed or injured previous to the passage of this act, shall be and hereby is entitled to the benefit of this and all previous acts granting privileges to the firemen of the city of Albany. Provided, however, that he shall not receive the certificate granting him the privileges of this or any previous act, until the expiration of the time he would have been compelled to serve, if he had not been so maimed or injured, in order to obtain such certificate.

S 3. The act entitled “An act to incorporate the firemen of the city of Albany, and for other purposes,” passed April 20, 1818, and all acts and parts of acts relating to said corporation, which are now in force, shall be continued in force, until the first day of May, in the year of our Lord one thousand eight hundred and sixty, unless sooner altered, modified, or repealed by the Legislature.

$ 4. The seventh section of the act entitled “An act to incorporate the firemen of the city of Albany, and for other purposes," passed April 20, 1818, is hereby repealed.

S 5. This act shall take effect immediately after the passage thereof.

Acts continued.

Repeal.

When to take effect.

CHAP. 58.

created.

powers.

AN ACT to incorporate the president, directors and company of the Seneca county bank.

Passed March 12, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

$ 1. There shall be established in the village of Water- Name. loo, in the county of Seneca, a bank, to be called “The Seneca County Bank;" whose operations of discount and deposit shall be carried on in the village of Waterloo, and not elsewhere.

$ 2. All persons who shall become holders of the capi- Corporation tal stock of the said bank, pursuant to this act, shall be, and they are hereby constituted a body corporate, by the name of “ The President, Directors and Company of the Seneca County Bank;" and such corporation shall continue until the first day of January, in the year one thousand eight hundred and sixty-three.

S 3. The said corporation shall have power to carry Banking on the business of banking, by discounting bills, notes, and other evidences of debt; by receiving deposits; by buying and selling gold and silver bullion, foreign coins and bills of exchange; by issuing bills, notes and other evidences of debt; and by exercising such other incidental powers as shall be necessary to carry on such business.

S 4. The real estate which it shall be lawful for the Real estate. said corporation to purchase, hold and convey, shall be,

1. Such as shall be requisite for its immediate accommodation in the convenient transaction of its business: or,

2. Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due: or,

3. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings: or,

4. Such as shall have been purchased at sales, upon judgments, decrees or mortgages, obtained or made for such debts.

The said corporation shall not purchase, hold or convey real estate in any other case, or for any

other

purpose.

S 5. The said corporation shall not, directly or indirect- Restriction. ly, deal or trade in buying or selling any goods, wares, merchandize or commodities whatsoever, or in buying or

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