to the comptroller of this state, a full and true account of all the fees and money belonging to the aforesaid fund, received and paid by the said commissioners as in this act is provided; which said account shall be signed with the name of one or more of the said commissioners, and countersigned and attested on oath by the secretary of the said board of commissioners.

Proceedings

§ 38. In case any vessel bound to the port of New-York, in case ves shall be lost within fifty miles of Sandy-Hook, which vessel sels are lost. shall have been in sight of the light-house there, and no pilot shall have offered to board said vessel, it shall be the duty of the commissioners to inquire if any fault or negligence shall have existed in not having furnished such vessel with a pilot; and if any, whose was such fault or negligence; and the pilot or pilots found to be in fault, after a full hearing then to be had in the premises before the commissioners, without unnecessary delay, shall be forthwith suspended; and the commissioners may displace such pilot or pilots, and shall publish the result of their inquiries.

extra servi

ces.

§ 39. Every pilot who shall have exerted himself for the Reward for preservation of any vessel in distress and in want of a pilot, shall be entitled for any extraordinary services, to such sum as the pilot and master, owner or consignee can agree on, or in case of not agreeing, as the commissioners shall determine to be a reasonable reward.

intoxication.

§ 49. Every pilot in charge of a vessel, becoming intoxi- Penalty for cated, shall not, on proof thereof, be entitled to any pilotage for the voyage, and shall be suspended for six months; and for a second offence, may be deprived of his license.

§ 41. This act shall not be applied to the pilots through East river. the channel of the East river, commonly called Hell Gate.

§ 42. All pecuniary fines and penalties imposed by this Fines how to act, or the said commissioners, by virtue of this act, shall be be collected. sued for in the name of the board of commissioners of pilots, and when recovered, shall be paid to the party aggrieved, or to the trustees of the Pilots' Charitable Society, as the commissioners may deem proper to direct, by whom such fines and penalties respectively may be sued for and recovered, and who may, on the order of the commissioners, prosecute the bond of any pilot for whose default any fine or pecuniary penalty shall be imposed. But no penalty or forfeiture under this act, or under the powers hereby granted, shall deprive any party of his ordinary remedy at law for any default or misdemeanor.

ed.

§ 43. All laws now in force and which are inconsistent Acts repealwith the provisions of this act, are hereby repealed, saving all claims accrued under the same, prior to this act going into effect.

effect.

§ 44. This act shall take effect from its passage, so far as Act to take to authorize the appoinment and organization of the com

missioners of pilots, and on the first day of May next for all other purposes.

created

CHAP. 185.

AN ACT to incorporate the Fireman's benevolent association of Rochester.

Passed April 13, 1837.

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

Corporation § 1. All such persons as now are, or hereafter shall be engineers of the fire department, or members of any fire engine, hook and ladder or hose company, in the city of Rochester, are hereby constituted a body corporate by the name of "The Fireman's Benevolent Association of Rochester," for the purpose of accumulating a fund for the relief of indigent and disabled firemen, or their families; and for that purpose shall have power to take, hold, transfer and convey real and personal property, to an amount not exceeding twenty thousand dollars.

Officers.

First officers.

General powers.

§ 2. The officers of the said corporation, who shall have the control and disposal of the funds, property and estate thereof and the management of its affairs, shall consist of a president, vice-president, second vice-president, secretary, treasurer, collector and nine trustees, who shall be elected by ballot, by the members of the said association that are or may be entitled by the by-laws to vote at such election, on the second Wednesday in December, in each year, and shall hold their respective offices for one year, and until others are elected in their places.

§ 3. The following named persons shall be the first officers of the corporation, to wit: Theodore Chapin, president; Walter S. Griffith, vice-president; Peter W. Jennings, second vice-president; Theodore B. Hamilton, secretary; Erastus Cook, treasurer; Albert G. Smith, Edward Roggen, Isaac Helmes, John T. Talman, Charles Hudson, William Alling, Jonathan King, Jason Bassett and Hiram Nash, trustees.

§ 4. The said trustees shall possess the powers, and be subject to the provisions and liabilities of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable, and have not been repealed.

a

CHAP. 186.

AN ACT to incorporate the Niagara county mutual insurance company.

Passed April 13, 1837.

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

1. Alfred Holmes, Seth Parsons, Hiram Gardner, Asa Corporation W. Douglas, Hezekiah Thomas, Thomas F. Smith, Daniel created. Pomeroy, Edward Bissel, Alonzo W. Newcomb, and all other persons who may hereby associate with them in the manner hereinafter prescribed, shall be a corporation by the name of "The Niagara County Mutual Insurance Company," for the purpose of insuring their respective dwellinghouses, stores, shops and other buildings, household furniture, merchandise and other property, against loss or damage by fire.

tors.

§2. The persons named in the first section of this act, First direcshall be the first directors of the said corporation. The business of the said corporation shall be carried on and conducted at such place in the village of Lockport, in the county of Niagara, as shall be designated by a majority of the directors thereof present at any regular meeting.

powers.

§3. The corporation hereby created shall possess all the General powers and privileges, and be subject to all the restrictions and limitations which are granted to or imposed upon "The Madison County Mutual Insurance Company," by the act incorporating that company, passed March 23d, 1836. § 4. This act shall take effect on the passage thereof.

CHAP. 187.

AN ACT to confirm the re-survey of certain roads in the town of Aurora, Erie county.

Passed April 13, 1837.

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

Act to take effect.

1. All roads re-surveyed in the town of Aurora and Survey concounty of Erie, by the commissioners of highways for said firmed. town, the records of which were destroyed by fire in the winter of 1832, and not since legally recorded, are hereby declared to be as legally laid out of the width of four rods, as if said re-survey had been recorded, and the width of such roads had been described, according to the then existing statutes.

Boundaries.

Section amended.

lb.

Streets, alleys and

CHAP 188.

AN ACT to amend an act, entitled "An act to incorporate the village of Fulton," passed April 29. 1835.

Passed April 13, 1837.

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

1. The boundaries of the village of Fulton are hereby enlarged so as to include subdivision lots thirteen, fourteen and fifteen, and the remainder of lots sixteen and seventeen of the Harper location, as surveyed by Broughton White in the year one thousand seven hundred and ninety-seven.

2. The twelfth section of said act is hereby amended by striking out at the close of the section the words "for at least ten days."

§3. The fourteenth section of said act is hereby amended by striking out the words "the same as justices of the peace are now authorized to do."

§4. The seventeenth section of said act is hereby repealside walks. ed and the following substituted in its place:

Assessments.

The said trustees, whenever they shall deem the same necessary, may construct or repair, in such manner as they think best, side walks or cross walks, in or across any street in said village, and may improve or name or change the name of any street or alley therein, and cause the same to be levelled, raised, graded, gravelled, stoned, paved, flagged, curbed, repaired or ornamented: and they shall assess the expense thereof in a just and equitable manner upon the respective lots and property in front of, or along which they shall so make or repair or improve such street or alley or side walk; or they may assess the same by a general tax, or by both such individual and general tax, as they shall deem just and equitable: and it is hereby made the duty of the said trustees, in assessing and apportioning as taxes the expenses so to be assessed, to apportion the same so that the said taxes shall be assessed upon the respective lots or property so liable to be taxed, whether belonging to individuals, corporations or other companies in said village, or otherwise, in proportion as nearly as may be to the advantage or increase of value which each owner or occupant thereof shall be deemed to receive, or to have received from such construction or improvement: and they shall also assess and add to the tax which they shall so levy any damage which they shall estimate that any person or persons shall have sustained by reason of such improvement; but no such side walk, street or alley shall be so constructed, repaired or improved if a majority of the persons liable to be taxed therefor, and being residents of the said village, shall within five days after the trustees shall have given notice of their

given

intention to make such improvement, file in the office of the clerk of said village their objections thereto. And when Notice to be they shall have completed such assessment they shall give the like notice of the same as assessors of towns are required to do: and any person feeling himself aggrieved thereby may, within ten days after the expiration of the notice aforesaid appeal from such assessment by giving said trustees three days' notice of such appeal to the first or senior judge of the court of common pleas of the county of Oswego, whose decision in the premises shall be final. Every assessment roll shall remain a lien on the premises described therein for one year from the time the same shall be filed with the clerk of said village; and in case of non-payment the premises may be sold at any time within said year, and after nine months from the time of filing said roll with said clerk. Before any such sale shall be made said trustees shall make an order, which shall be entered in the record of said village by the clerk, directing the collector of said village to sell, and particularly describing the premises to be sold and the assessment for which the sale is to be made, a copy of which order shall be delivered to the collector. The collector shall, on the receipt of such order, advertise the premises therein described for sale for six weeks, in the manner required in the case of foreclosure of mortgages by advertisement; and such sale shall be conducted in like manner, and such proceedings shall be discontinued whenever such assessment, interest thercon and the costs shall be paid. All sales in such cases shall be made for the shortest period for which any person will take the premises and pay the assessment, interest and expenses. Affidavits of the advertisement shall be made as required in the case of mortgage sales, and filed in the office of the clerk of said village, stating the amount of the assesment, interest and costs for which the sale was made and the time for which said premises were sold. On the day of sale the trustees of said village. shall make a certificate in writing, under the seal of said corporation, containing a description of said premises, the amount for which the premises were sold, the advertisement and sale, and the time for which the premises were sold, which certificate shall be filed and recorded in the office of the clerk of said village, which certificate, or a copy thereof, shall be evidence of the right of the purchaser, his heirs or assigns, to occupy the said premises for the term for which the same were sold, commencing on the day of such sale.

be opened,

nued.

§ 5. The said trustees, whenever they shall deem the Streets may same necessary for the general welfare of the said village, altered or may lay out, alter, make, open or discontinue any street, disconti road or alley within said village, (but no building shall be removed without the consent of the owner;) and shall, in every such case, cause the same to be accurately surveyed,