business; and if the chancellor, after due examination, shall find that the proceedings of the said corporation have been fair and without fraud, and that such corporation is in a condition to resume its operations, he may, by an order to be entered in the minutes of the court of chancery, permit the said corporation so to do.

$33. The said corporation shall be liable to pay to Damages. the holders of every evidence of debt made by it, the pay. ment of which shall have been demanded and refused, damages for non-payment thereof, in lieu of interest, at and after the rate of ten per cent per annum, from the time of such refusal, until the payment of such evidence of debt and the damages thereon.

$ 34. It shall not be lawful for the said corporation to Restriction. redeem the bills, notes or other evidences of debt of any monied institution without the jurisdiction of this state, and which shall be made payable at the said "Seneca County Bank;" and it shall not be lawful for the said corporation to give public notice that it will redeem the bills, notes or other evidences of debt of any monied institution beyond the jurisdiction of this state.

ers.

$35. The said corporation shall possess the general General pow powers of a corporation as defined in the eighteenth chap- " ter of the first part of the Revised Statutes, and shall be subject to the provisions contained in that chapter, except so far as the same have been repealed before the passage of this act, or are modified by the act recited in the section next following, or by this act in respect to the corporation created hereby.

2, 1829.

$36. The said corporation shall also be subject to the Act of April provisions contained in the act entitled "An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829, so far as the same shall be in force at the time of passing this act.

$37. It shall not be lawful for the said corporation to Loans. take a hypothecation of its own stock, as security for making any loan or discount by such corporation.

$ 38. The legislature may at any time modify, alter or Rights rerepeal this act, or any of its provisions.

served.

Mayor may administer oath.

Capitation

tax

Resignation.

CHAP. 59.

AN ACT in relation to the court of common pleas of the county of Erie.

Passed March 12, 1833.

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

S1. For the purpose of trying and determining all questions of fact and law, and hearing and deciding all motions, the court of common pleas in and for the county of Erie, may be held by the first or any other judge of said court, being of the degree of counsellor at law in the supreme court, either alone or with one or more of the other judges: and the said first or other judge hereby authorised to hold said court, who may have presided at the trial of a cause in said court, shall be authorised in vacation or in term to settle, sign and seal any case or bill of exceptions made or taken on such trial, notwithstanding other judges of said court may also have been present upon the bench at such trial.

S2. This act shall be in force and take effect immediately on the passage thereof.

CHAP. 60.

AN ACT to amend an act, entitled, "An act to incorporate the city of Buffalo."

Passed March 12, 1833.

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

S 1. That the mayor of said city for the time being, shall have power to administer any oath required to be taken by any person under the act hereby amended, or any act amending the same.

S2. That the capitation tax, authorized to be levied under the thirty-eighth section of the act hereby amended, whether the same be paid in money or labor, shall be expended in the ward in which the person paying the same shall reside at the time of the filing of the assessment roll with the clerk of said city.

$ 3. That any person who is now or shall hereafter be elected to the office of alderman in said city, may tender his resignation of such office to the mayor of said city.

common

$4. That the common council shall determine the rules Powers of of its own proceedings, and be the judge of the election council. and qualifications of its own members, and have power to compel the attendance of absent members.

ladder and

axe men.

$5. That all such persons as now are, or hereafter Hook and shall be appointed by the common council of said city as hook and ladder men and axe-men, shall be entitled to enjoy the same privileges and exemptions relative to service in the militia and on juries, as firemen are entitled to and enjoy under the act hereby amended.

$6. That the common council of said city are hereby Restriction. restricted in making appropriations for and on account of the said city, to the sum or sums authorized to be levied by the said act hereby amended, and such acts of the legislature as may be from time to time passed.

$7. That the said common council are hereby authorized to borrow upon the credit of the said city, the sum of five thousand dollars for the use of the treasury thereof, to be re-paid on the first day of September, eighteen hundred and thirty-eight; and the said common council shall be and are hereby authorised to levy and collect in each and every year, including the year eighteen hundred and thirty-eight, and including the year eighteen hundred and thirty-three, such sum as shall be agreed to be paid for interest arising each year on the sum hereby authorized to be loaned, in addition to the sums now authorized to be levied and collected, and in the said year eighteen hundred and thirty-eight, they shall be and are hereby authorized to levy and collect the said sum of five thousand dollars in addition to the sum or sums now authorized to

be levied and collected in said city. A bond shall be executed under the common seal of said city, by the mayor or presiding officer thereof, for the loan and interest authorized under this section.

Loans.

city.

$ 8. That the northerly bounds of said city shall be Northerly and are hereby altered as follows: Beginning at the junc- bounds of tion of the northerly line of the guide-board road with the westerly line of the continuation of Main-street in said city; running thence easterly in a continuation of the said northerly line of said guide-board road, to a point twentyseven chains and thirty-six and one-half links easterly from the south-west corner of lot number thirty in the eleventh township and eighth range of the Holland land company's land; thence northerly at right angles with the line last mentioned nine chains eighty-eight links, to the northerly bounds of said lot; thence easterly along the northerly bounds of said lot number thirty nine chains ten and a

Duty of as

sessors.

Threò sec

ed.

half links; thence southerly at right angles with the last mentioned line nine chains and eighty-six links to the southerly bounds of said lot number thirty; thence easterly at right angles with the last mentioned line until it strikes the westerly bounds of lot number twenty-two in said township and range; and the territory hereby added to said city shall be and is a part of the fourth ward of said city.

$ 9. That the assessors elected or appointed under the act hereby amended, shall perform the same duties, and in the same manner, and with the same power, and subject to the same liabilities, and receive the same compensation, as nearly as may be, as the assessors of towns are required to make assessments, except as is in and by the act hereby amended, and by this act otherwise provided. The said assessors shall, between the second Tuesday in March and the twentieth day of May, in each year, perform the duty imposed by the eighth section of article second of title second, chapter thirteen of the first part of the Revised Statutes; and on or before the fifteenth day of June in each year, shall file with the clerk of the city, all papers and documents required to be filed by assessors of towns with the clerk of supervisors of such towns. The said assessors shall also cause the notice required to be posted by the nineteenth section of article second of title second, chapter thirteen of the first part of the Revised Statutes, to be published in the corporation newspaper.

$10. The forty-first, forty-second, and forty-eighth tions repeal sections of the act hereby amended, be, and the same are hereby repealed; but such repeal shall not in any manner, alter, diminish, take away, or interfere with any proceeding had or instituted, or right accrued, previous to the passage of this act, but all such proceedings or rights shall remain perfect and inviolate; but where any proceedings shall have been had under the said forty-first and forty-second sections, or either of them, and not completed before the passage of this act, the said proceedings shall be completed according to the terms of the sections hereby passed, and substituted in lieu of the said fortyfirst and forty-second sections of the act hereby amended.

New ection

relative to

That in lieu of the said forty-first and forty-second sections of the act hereby amended, the following sections shall be, and the same are hereby substituted; to wit:

§ 41. The common council shall have power to lay is out, make, and open streets, alleys, lanes, highways, wharves and slips, in said city: and to alter, widen, contract, straighten, or discontinue the same: but no

building exceeding the value of one thousand five hundred dollars shall be removed, in whole or in part, without the consent of the owner. They shall cause all streets, alleys, lanes or highways, laid out by them, to be surveyed, described and recorded in a book to be kept by the clerk, and the same when opened and made shall be public highways. Whenever any street, alley, lane, highway, wharf or slip, is laid out, altered, widened, or straightened, by virtue of this section, the common council shall give notice of their intention to take and appropriate the land necessary for the same to the owner or owners thereof, by publishing said notice for fourteen days in the corporation newspaper printed in said city; and after the expiration of the said fourteen days, the common council shall give notice to said owner or owners, by publishing the same for thirty days in the corporation newspaper, that such owner or owners may file a notice with the clerk of the city, of a claim for damages on account of appropriating the land of such owner or owners for the uses specified in this section; and if such owner or owners shall within said thirty days file, or cause to be filed, such notice of a claim for damages as aforesaid, with the clerk of the city, the common council shall choose by ballot five discreet and disinterested freeholders residing in said city, as commissioners, to ascertain and assess the damages and recompense due the owner or owners of such land, and at the same time to determine what persons will be benefitted by such improvement, and to assess the damages and expenses thereof on the real estate of the persons benefitted, in proportion as nearly as may be to the benefit resulting to each: a majority of all the aldermen authorised by law to be elected, shall be necessary to constitute a choice of such commissioners. The commissioners shall be sworn by the mayor or any justice of the peace in said city, faithfully and impartially to execute their duty in making such assessment according to the best of their ability. The commissioners shall view the premises, and in their discretion receive any legal evidence, and may, if necessary, adjourn from day to day. The commissioners shall, before they enter upon the duties assigned them by this section, give notice to the persons interested, of the time and place of the meeting of the said commissioners, for the purpose of viewing the premises and of making such assessment, at least five days before the time of such meeting, by publishing such notice in the corporation newspaper printed in said city. The said commissioners shall determine and award to the owner or owners of such land, such damages as they shall judge such owner or owners to sustain in conse