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supreme court commisioner, as defined and limited in the the second Article of the third Chapter of the Third Part of the Revised Statutes.

An act concerning masters in chancery. Passed January 25, 1830.
Chap. 12, p. 10.

lowed to file

§ 1. In all cases where a reference was pending before a master in Three chancery, on the thirty-first day of December last, or where he had ad- months alvertised any real or personal property for sale under a decree or order of certain rethe court of chancery, or either of the courts of equity, on or previous to ports, &c. that day, he may proceed on such reference, or with such sale, and to pay over the proceeds thereof, and make and file his report, at any time within three months after the said thirty-first day of December last.

extend the

§ 2. The court of chancery, on sufficient cause shown, may extend the Court may time for such master to complete the report or proceedings in any par-mon ticular case beyond the three months.

made valid.

§ 3. All proceedings on any such reference or order for sale previous Proceedings to the passage of this act, shall be valid and effectual, and of the same force as if the term of office of such master had not expired.

court here

lar cases.

§ 4. When the term of office of any master in chancery shall hereaf- Power of ter expire while a reference is pending before him, or after he has ad- after in simivertised any real or personal property or other thing for sale, under a decree or order of the court of chancery, that court may, by a special order, authorise him to proceed in such reference, or to complete such sale, and pay over the proceeds thereof, and to make and file his report, within such time as the chancellor or vice-chancellor making such order deems reasonable, notwithstanding a successor in the said office may have been appointed, and entered upon the discharge of the duties of said office.

5. This act shall be in force and take effect immediately upon the This act passage thereof.

An act confirming the proceedings of justices of the peace and commissioners of deeds in certain cases. Passed February 17, 1830. Chap. 36, p. 26.

when to take effect.

§1. All proceedings which have been or shall be had before any per- Proceedings son heretofore duly elected a justice of the peace, or heretofore appointed confirmed." a commissioner of deeds, in any town of this state, who may have, first, either taken the oath of office before a commissioner of deeds, judge of the county court, or supreme court commissioner; or, second, shall have neglected to take the oath of office required by the constitution and laws of this state, shall be held and adjudged to be of the same force, effect and validity, as if such oath had been taken pursuant to the constitution and laws of this state and all liabilities and forfeitures incurred by any such justice or commissioner of deeds, for not having taken such oath, or for not having taken the same before the proper officer, are hereby remitted.

§ 2. If such justice or commissioner shall neglect to take the oath re- Oath of of quired by law on or before the first day of April next, he shall thence-fice. forth become liable to the forfeiture, and be liable as for a misdemeanor, and subject to all other liabilities in the same manner as if this act had not been passed.

§3. Any person duly elected at the last annual election a justice of the Oath of of peace, and being eligible to that office, who may have neglected to take ice. the oath of office required to be taken by the laws and constitution of this state, may take such oath before the clerk of the county for which he

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Act when to take effect.

may have been elected, at any time before the first day of April next, and
may, after such oath shall have been taken, exercise and perform the du-
ties of such office; and if any person so elected and eligible, may have
taken the oath of office before the proper officer, but not within the time
required by law, the same is hereby declared to be valid and effectual.
§ 4. This act shall be in force and take effect on the passage thereof.

Ar act authorising the appointment of a supreme court commissioner, to reside in the county of Oswego, and to vest certain powers of a judge of the common pleas, in the recorder of the city of Hudson. Passed February 22, 1830. Chap. 43, p. 32. § 1. There shall be appointed, in the manner now prescribed by law, er in Oswego. a supreme court commissioner, who shall reside in the county of Oswego, 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.

Commission.

Recorder of
Hudson.

When to take effect.

Deputy Register.

Power of governor to fill

vacancies.

(Vol. 1, p. 124.]

Sheriffs and clerks.

§ 2. The recorder of the city of Hudson is hereby authorised and empowered to do and perform all such duties as any judge of the court of common pleas of the county of Columbia could do and perform out of court, with the like compensation for such services, as any such judge of said court of common pleas is by law allowed.

§ 3. This act shall be in force and take effect upon its final passage.

An act requiring the register of the city and county of New-York to appoint a deputy, and concerning vacancies in said office, and in the offices of sheriffs and clerks of counties. Passed February 26, 1830. Chap. 58, p. 64.

§ 1. It shall be the duty of the register in and for the city and county of New-York, to appoint some proper person deputy register of the said city and county, during the pleasure of the said register; and as often as such deputy register shall die, or be removed from office, or remove out of the said city and county, or become incapable of executing the office, another shall be appointed in his place, by writing, under the hand and seal of the register; and every such deputation or appointment shall be recorded in the office of the clerk of the said city and county of NewYork; which said deputy register shall, in case of the death of the said register, perform all the duties, and receive the emoluments, appertaining to the said office of register, and be subject to the same penalties that the register of said city and county would be liable to if living, until a new register be appointed and duly sworn.

§2. The power vested in the governor of this state, by the forty-ninth section of Title sixth of the fifth Chapter of the First Part of the Revised Statutes, in relation to vacancies in office, is hereby extended to all cases of vacancies in the offices therein specified, where the vacancy shall arise from the death of the incumbent; and the person so to be appointed, shall possess all the rights and powers, and be subject to all the duties and responsibilities, provided for and declared in said section.

§3. The preceding section shall not affect the power now vested by law in any sheriff or clerk of any county, to appoint under sheriffs or de[Vol. 1, 376, puties, nor the powers of said under sheriffs or deputies, as now declared by law.

379.]

An act authorising the appointment of an additional inspector of fish in the county of Jefferson. Passed March 8, 1830. Chap. 68, p. 72.

§ 1. There shall be appointed one additional inspector of fish in the [Vol. 1, 100.] county of Jefferson.

§ 2. This act shall take effect immediately upon its passage.

An act to amend an act for the establishing a clerk's office of the supreme court in the village of Canandaigua, in the county of Ontario, passed February 27th, 1829. Passed March 31, 1830. Chap. 104, p. 108.

§ 1. The clerk of the said court at Canandaigua shall, on the tenth day office to be of April next, remove to and keep the said supreme court clerk's office at kept at GeGeneva, in the county of Ontario.

neva.

and Tioga.

§ 2. The sheriffs of the counties of Tompkins and Tioga shall, after Sheriffs of the tenth day of April next, return all process issued out of the supreme Tompkins court to the said office at Geneva, as other sheriffs are required to do by the fifth section of the act hereby amended.

§ 3. So much of the act hereby amended as is inconsistent with the provisions of this act, are hereby repealed.

Repeal.

An act relative to justices of the peace in the city of Hudson.
Passed April 16, 1830. Chap. 176, p. 201.

tional justices to be ap

1. There shall be appointed in and for the city of Hudson, two ad- Two addiditional justices of the peace, who shall be appointed in the same manner and hold their offices by the same tenure, as is now by law provided for pointed. justices of the peace in any other city.

2. The said justices so appointed, shall each possess all the powers Powers. and perform the duties now conferred by law upon other justices of the peace in any of the towns or counties of this state, and receive the same fees for their services.

§ 3. This act shall take effect and be in force immediately on its final

passage.

An act fixing the salary of the librarian of the state library.
Passed April 16, 1830. Chap. 219, p. 240.

§ 1. The librarian of the state library shall receive an annual salary [Vol. 1, 191.] of five hundred dollars, to be paid quarterly, out of any monies in the treasury not otherwise appropriated, on the warrant of the comptroller.

An act concerning the Capitol, and providing for the appointment of a superintendent thereof. Passed April 17, 1830. Chap. 249,

p. 274.

§ 1. The governor and lieutenant-governor, the speaker of the assem- Trustees of bly, the secretary of state, the attorney-general and the comptroller, by the Capitol right of office, are, and shall continue to be trustees of the Capitol; and the custody and care thereof shall be, and hereby is vested in the said trustees.

Repair.

Repeal.

Superinten

dent

Rooms may. be leased.

§2. The said trustees shall have power, from time to time, to cause such repairs to be made as may be necessary for the preservation of the said Capitol; and the comptroller shall draw his warrant on the treasury for the expense thereof, not exceeding two hundred dollars in any one year.

Corporation

§3. The second section of Title seven of Chapter nine of the First Part of the Revised Statutes, is hereby repealed.

§ 4. The said trustees shall appoint some suitable person to be superintendent of the Capitol, who shall reside therein, and shall observe such orders and directions relating to the preservation of the same, as shall from time to time be given by the said trustees.

§ 5. Such rooms in the said Capitol as are not appropriated to public use, and not necessary for the accommodation of the legislature, and the courts authorised by law to be held there, may be leased by the said trustees, from year to year, upon such terms and conditions as to the said trustees shall seem proper.

6. The corporation of the city of Albany, and its officers, may conof Albany tinue to occupy and use such parts of the said Capitol as heretofore has been usual, until the City-Hall of said city shall be completed and finished: the clerk of the city and county of Albany may continue to use and occupy that part of the Capitol heretofore appropriated and used as a clerk's office, until the time aforesaid. But the use and occupation authorised and permitted by this section, shall not in any case extend beyond the first day of January next, unless the said trustees shall consent thereto.

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An act authorising the appointment of an additional inspector of lumber for the city of Albany. Passed April 17, 1830. Chap. 250, p. 275.

§ 1. That the governor shall nominate, and with the consent of the senate appoint, an additional inspector of lumber for the city of Albany.

§ 2. This act shall commence and take effect from and immediately after the passage thereof.

Elections this year declared valid.

An act relative to the appointment of auctioneers in the city of
New-York. Passed April 19, 1830. Chap. 262, p. 287.

51. All commissions for auctioneers in the city of New-York which may hereafter be issued, shall expire on the first day of February in every year. But those persons who shall be in commission on that day may hold over until others are appointed in their places.

An act concerning town-meetings. Passed April 20, 1830. Chap. 289, p. $48.

§ 1. The election of town officers and justices of the peace in those towns which, at their annual town-meetings for the present year, voted for the several officers to be chosen by ballot, on separate ballots, instead of the mode prescribed by law, shall not be held invalid; but the persons who received the greatest number of votes, and were declared elected in those towns to the several offices for which such votes were given, shall hold and exercise the same until others are chosen and appointed in their places.

the votes.

§ 2. At the close of the polls at any town-meeting, the canvassers may Canvass of determine whether the canvass of the votes shall then be had, or postponed until the next day; if they determine that the canvass shall then be commenced upon, the same may be continued after sundown; but it shall be had publicly at the place where the meeting was held, and the result shall be read by the clerk to the persons there assembled; and such reading shall be held notice of the election, to all persons whose names are on the poll list as voters and no canvass heretofore had, shall be deemed illegal in consequence of its having been had after sundown.

An act to amend an act, entitled "An act concerning the election of justices of the peace," passed May 4th, 1829. Passed April 20, 1830. Chap. 290, p. 349.

§ 1. Whenever one or more justices of the peace shall be elected in any Justices to town in this state, to supply a vacancy or vacancies at the time existing, or supply vain any new town, such justice or justices may take the oath of office, and forthwith enter upon the duties thereof.

cancies.

than one is

§ 2. In case more than one justice of the peace shall be elected in any Where more town at the same election, their terms of office shall be determined by lot, elected. within twelve days after their election, in the manner now provided by law.

tices elected

§ 3. The preceding sections of this act shall apply to all justices of the This act to peace elected since the first day of February last; but the terms of office apply to jusof such justices may be determined at any time within forty days after since Feb. this act shall be in force and take effect.

§ 4. This act shall be in force immediately on the passage thereof.

Acts relating to Public Stocks, Lands, Canals, &c.

An act to facilitate the transfer of the public stocks of this state.

Passed April 17, 1830. Chap. 242, p. 263.

last.

Act to tako effect.

der act of

§ 1. Whenever any holder of any certificates of stock issued under and Certificates by virtue of an act, entitled "An act to loan the credit of the state to the of stock unpresident, managers and company of the Delaware and Hudson canal com- May 2, 1829pany," passed May 2d, 1829, shall desire to transfer the same, and to divide any certificate he may hold, or to consolidate any such certificates, he shall be authorised to do so, upon surrendering the same to the said company; and thereupon the said company may issue new certificates of stock to the amount of such as shall have been surrendered, under their corporate seal, which shall be countersigned and registered by the cashier or president of the Manhattan company in the city of New-York, to whom the said original or cancelled certificates shall be delivered, to be returned or transmitted to the comptroller; and for countersigning every such certificate, the said cashier or president may charge and receive the sum of ten cents. The said certificates shall express the authority of the said company to issue the same, and the terms, times, and place of the payment of the principal and interest.

1827.

§ 2. The certificates of stock authorised to be issued by virtue of the Under act of provisions of the act, entitled "An act to loan the credit of the people of March 10, the state of New-York to the president, managers and company of the Delaware and Hudson canal company, and for other purposes," passed March 10th, 1827, and which by said act are authorised to be divided

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