CHAP. 35. AN ACT to amend an act entitled "An act to lay out and improve the Road leading from the Town of Windsor to Binghamton, through Cole's Settlement," passed March 31, 1821. Passed February 4, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. Isaac Shepherd and Elijah Kress are hereby appointed commissioners under the said act, in the place of Thomas Floyd and Jacob Kress, named in the sixth section of the above recited act, and the said Isaac Shepherd and Elijah Kress, are hereby invested with the same powers and privileges, and shall be subject to the same liabilities and requirements, as were granted to or imposed upon the aforesaid Thomas Floyd and Jacob Kress by the said act. List of names confirmed. Supplemen tary list. CHAP. 36. AN ACT relative to Grand Jurors in the County of Passed February 4, 1831. S 1. The list containing the names of two hundred and thirty-seven persons to serve as grand jurors in the county of Dutchess, certified by the clerk of the board of supervisors of said county, and filed in the office of the clerk of the said county, on the twentieth December, one thousand eight hundred and thirty, shall be good and valid; and the ballots made from the said list, and the drawing of a panel of grand jurors from such ballots for the next court of general sessions of the peace, to be held in and for the said county, and every subsequent drawing of a panel from such ballot and ballots added to them according to the second section of this act, shall be of the same force and effect as if the said list had contained the names of sixty-three additional persons, duly qualified as grand jurors, and had been prepared, certified and filed within ten days from the first day of the last annual meeting of the said board of supervisors. $ 2. The supervisors of the said county shall, at the special meeting of their board, which is to be held on the eighth day of February instant, prepare a supplementary list containing the names of sixty-three persons, qualified to serve as grand jurors in the said county, in addition to those contained in the original list above mentioned, and the said supplementary list shall be prepared, certified and filed, and ballots shall be made therefrom and put with the ballots from the original list, to form a part of the ballots of grand jurors of said county, in the same manner as is provided by law in relation to lists and ballots of grand jurors for the said county. $3. This act shall be in force from the passage thereof. CHAP. 37. AN ACT for the relief of Gideon Castle. Passed February 4, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: ers of tho claim. $1. The commissioners of the land-office are hereby author- Commisionised, on the application of Gideon Castle, to inquire and deter- land office mine whether the said Gideon Castle, in the year one thousand may settle eight hundred and twenty, had lawful title in fee to fifty-six acres of land, part of lot number ninety-seven, in the town of Camillus, which he leased to Gilbert Rose and his wife, derived from Robert Gipson, the patentee of the said lot; and if they shall determine that he had such title, upon producing such determination to the comptroller, he shall draw his warrant on the treasurer in favor of the said Gideon Castle, or his representatives, for the sum of eight hundred dollars, together with interest thereon from the eighth day of July, one thousand eight hundred and twenty-eight, and for the costs and charges which the said Gideon Castle shall have necessarily incurred in establishing his title, which warrant the treasurer is hereby directed to pay to the said Gideon Castle, his representatives or assigns. $ 2. In case the said Gideon Castle shall elect within six Sup. court. weeks after the passage of this act, to have his title to the land aforesaid determined by the supreme court, he shall within that time, deliver a notice to that effect to the attorney-general, specifying therein the county in which he desires to have the issue tried. ney. gen. $3. The attorney-general shall, as soon as may be after re- Duty of attor ceiving such notice, make up a feigned issue in the supreme court, to try whether the said Gideon Castle on the first day of May, one thousand eight hundred and twenty, had lawful title in fee to the premises described in the first section of this Duty of comptroller Release to be executed. Corporation created. Cemetery and vaults how to be propriated. act, derived from Robert Gipson, and shall cause the same to be tried at the first circuit court which shall be held in the county so designated by the said Gideon Castle. S4. If it be found on the trial of the said issue that the said Gideon Castle had such title, and the verdict shall not be set aside by the supreme court, or if the supreme court shall render judgment affirming the title of the said Gideon Castle, the comptroller shall draw his warrant on the treasurer in favor of the said Gideon Castle or his representatives, for the sum of eight hundred dollars, with interest from the eighth of July one thousand eight hundred and twenty-eight, and for his costs and charges in and about the trial of the said issue and the subsequent proceedings therein, which warrant the treasurer is hereby directed to pay. $ 5. A determination either by the commissioners of the land-office, or a final decision by the supreme court, as herein prescribed, shall be conclusive in the premises. But in either case the aforesaid warrant shall not be drawn by the comptroller until a sufficient release to the state of the title so established, shall have been executed and delivered by said Gideon Castle, or his assignees, if he shall have assigned the same. CHAP. 38. AN ACT to incorporate the New-York Marble Cemetery. The People of the State of New-York, represented in $1. All such persons who now are or hereafter shall become owners and proprietors of vaults in the cemetery recently constructed in the interior of the block formed by the Bowery, the Second avenue, and Second and Third-streets, in the eleventh ward of the city of New-York, shall be and hereby are created a body corporate and politic, in fact and in name, by the name and style of "The New-York Marble Cemetery,' ," and by that name they and their successors shall and may be known, and have perpetual succession. $2. The said cemetery and the several vaults therein, shall and may at all times hereafter be used and appropriated used and ap- for the interment of the dead, and for no other use or purpose whatever. The said vaults shall be deemed personal property, and shall not in case where not more than one of them is owned by the same person or persons, be liable to taxation or sale on execution, or to be inventoried as assets applicable to the payment of debts. But every of the said vaults may be bequeathed by last will and testament, and in case of intestacy, shall belong to the next of kin of the deceased; and no dead body shall be interred in any of the said vaults, except with the previous permission of the owner or owners thereof; but nothing in this act contained shall prevent the corporation of the city of New-York from enacting laws and ordinances for regulating or preventing the interment of the dead within said. city, including the above described cemetery. naged. S2. The affairs and concerns of the said corporation shall Affairs how be managed, regulated and conducted by five trustees, each of to be mawhom shall be an owner of one of the said vaults, and shall be chosen by ballot on the first Monday of May in each year, by the owners of the said vaults, and that at every such election each of the said vaults shall entitle the owner or owners thereof, to one vote; and the five persons having the highest number of votes at any such election, shall be declared duly elected trustees for the next ensuing year, and until others shall be duly chosen in their places; and the five first trustees shall be, John Hone, Benjamin Strong, Robert Center, Benjamin First trustees. L. Swan and Nathaniel Richards, who shall hold their offices until the first Monday of May in the year one thousand eight hundred and thirty-two, and until others shall be duly chosen in their places. S4. The said trustees shall have power, and are hereby Expenses. authorised to raise by assessment upon the owners of the said vaults, respectively, such sums of money as may be deemed necessary or proper to defray any and all expenses, in and about the said cemetery; but the repairs to the said vaults respectively shall be made at the proper costs and charges of the owners thereof, respectively, and pursuant to the order there for, and according to the regulations of the said trustees. $5. Nothing in this act contained shall be construed to im- Vested pair or affect any previously vested right, lien or incumbrance rights. by mortgage, judgment or otherwise, in favor of any third person or persons, to, in or upon the lands or real estate, or any part thereof, whereon the said cemetery is constructed, but every such right, lien and incumbrance shall remain unimpaired, and be of the same validity and effect as if this act had not been passed. $6. The said corporation shall possess the general pow- Subject to ers and be subject to the liabilities and provisions contained in chap. 18, title third of chapter eighteenth of the first part of the Revised Statutes. $7. This act shall take effect from and immediately after When to the passage thereof. take effect. CHAP. 39. , AN ACT to vest certain powers in the Supreme Court Commissioner appointed for the County of Ulster, and for other purposes. Passed February 7, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The supreme court commissioner appointed for the county of Ulster, shall after the twelfth day of April next, reside in the village of Kingston in said county. $2. The said commissioner, and the supreme court commissioner appointed for the village of Catskill in the county of Greene, shall severally be authorised and empowered to do and perform all such duties as any judge of the court of common pleas of the said counties respectively, of the degree of counsellor in the supreme court, could do and perform out of court, with the like compensation for such services as any such judge of the said court of common pleas is by law allowed. CHAP. 40. AN ACT for the relief of the heirs of David Smith. Passed February 10, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. If the persons claiming to be heirs at law of David Smith, who was a private in captain McCracken's company in the first regiment of the New-York line, in the revolutionary army, shall within one year after the passage of this act, establish by proof, to the satisfaction of the commissioners of the land-office, their indentity as such heirs, and that there are none others living, or that all other heirs of the said David Smith, besides those who shall be applicants, are to be presumed dead by the rules of law, the said commissioners shall authorise the comptroller to draw his warrant on the treasurer for the sum of eight hundred dollars, in full satisfaction of the claim of the heirs of the said David Smith for bounty lands for services in the revolutionary war, which warrant shall be in favor of the heirs whose indentity shall have been so established, and shall be paid by the treasurer in the manner provided by law. |