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pointed under and by virtue of this act, or either of them, it shall and may be lawful for the court aforesaid, or any one of the justices thereof, on the application of the mayor, aldermen and commonalty of the city of New-York, as often as such event shall happen, to appoint a discreet and disinterested person, being a citizen of the the said city of New-York, in the place and stead of such commissioners so dying, resigning or refusing to act; and that the surviving or acting commissioners, as the case may be, shall have full power to proceed in the execution of the duties of their appointment, until a successor of the commissioner so dying, resigning or refusing to act, shall be appointed.

Two commis

act.

VI. And be it further enacted, That in all and every case of the appointment of commissioners under this act, it shall be competent sioners may and lawful for any two of said commissioners so to be appointed, to proceed to and execute and perform the trust and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the commissioners so to be appointed, if they had acted therein, would have heen: And further, that in all cases, the acts, proceedings and decisions of a major part of such of the commissioners as shall be acting in the premises, shall be as binding, valid and effectual, as if the said commissioners named and appointed for such purpose had all concurred and joined therein.

VII. And be it further enacted, That the commissioners to be ap- Their pay pointed under and by virtue of this act, who shall enter upon the duties of their appointment, shall each be entitled to receive the sum of not more than four dollars, besides all reasonable expenses for maps, surveys, clerk hire and other necessary expenses and disbursements, for each day they shall respectively be actualy employed in the duties of their appointment, and the same shall be paid by the mayor, aldermen and commonalty of the city of New-York.

Value and be

timated.

VIII. And be it further enacted, That it shall be lawful for the said mayor, aldermen and commonalty, in common council convened, in their discretion, to order and direct the commissioners who may be appointed as aforesaid, to make a just and equitable estimate of the nefit to be es value of the benefit and advantage to the respective owners, lessees, parties and persons respectively entitled unto, or interested in, the lands, tenements, hereditaments and premises which the said commissioners may deem to be benefited by and in consequence of erecting upon the before mentioned and described premises a public market, or by and in consequence of removing the Fly-market, so called, in the said city, and appropritating the ground upon which the same is now situated for a public street, deducting from the amount of such estimate, the amount which the respective owners, lessees, parties and persons, respectively, entitled unto or interested in the lands, tenements and premises, may have been induced to give for the same, subsequently to the twenty-ninth day of March, one thousand eight hundred and sixteen, and prior to the passing of this act, in consequence of the said mayor, aldermen and commonalty having contemplated the erection of a public market upon the premises aforesaid, and the removal of the said Fly-market, and appropriating the ground upon which the same is erected for a public street, over and above what would otherwise have been the value of the same: and it shall thereupon be the duty of the said commissioners to pro

ceed accordingly, and to include in the report which they shall make as aforesaid, a statement of the respective owners, lessees, parties and persons, entitled unto or interested in the said lands, tenements, hereditaments and premises, as far forth as the same shall be ascertained by them, and an apt and sufficient designation or description of the said respective lots or parcels of land, tenements, hereditaments and premises, which may be deemed to be benefited as aforesaid, and also the several and respective sums estimated as aforesaid; and that all such sums so to be estimated and reported, shall, upon the said report being confirmed as aforesaid, be a lien or charge on the lands, tenements, hereditaments and premises in the said report mentioned; or the said re-pective sums may be recovered, with the lawful interest which may accrue thereon, from and after thirty days from the date and confirmation of said report, and all costs and charges, by the said mayor, or aldermen and commonalty, from and against the parties aforesaid, respectively, or the owner or owners respectively, of the respective lands, tenements, heredita ments and premises, deemed to be benefited as aforesaid, by action of debt, or assumpsit, in which it shall be sufficient to declare gene rally for so much money due by virtue of this act, to the said mayor, aldermen and commonalty, and any matter may be given in evidence under such general declaration : Provided, that nothing herein contained, shall affect any agreement between landlord and tenant, or any other contracting parties, respecting the payment of any such sums so estimated, but they shall be answerable to each other in the same manner as if the provision of this act concerning the same had not been made.

ers.

CHAP. LXXVI.

AN ACT to appoint commissioners to fix the site for a court house and gaol in the connty of Saratoga.

Passed March 14, 1817.

I. BE it enacted by the people of the State of New York, repreCommission sented in Senate and Assembly, That James Merrill, of the village of Ballston Spa, Elisha Powell, of Milton, Isaac Gere, of Galway, John Gibson, of Ballston and Gilbert Waring, of Saratoga, in the county of Saratoga, be and they are hereby appointed commissioners to ascertain and determine upon a suitable place whereon to build a court house and gaol in the county of Saratoga: and the said commissioners, or a major part of them, shall, on or before the first day of April next, ascertain and determine upon the most suitable site for the said court house and gaol, within the limits and bounds of the village of Ballston Spa, in the county aforesaid; shall accurately describe the said site, and file a description thereof under their hands and seals in the clerk's office of the said county: and the said commissioners are hereby authorised and required to procure a good and sufficient conveyance to the supervisors of the said county, of a suitable lot of ground, including the said site, for the court kouse and gaol aforesaid: and it shall be the duty of the said com

Site of the court house and gaol.

missioners, and they are hereby authorised and required, to cause to be erected and built on the site aforesaid, a fit and convenient buildjag, or fit and couvenient buildings, for a court house and gaol for the said county.

when the

II. And be it further enacted, That when in the opinion of the The judges judges of the court of common pleas of the said county, or a major to certify part of them, the court house shall be so far completed as to be con- buildings are venient for holding courts therein, and the gaol for the reception and finished. Confinement of prisoners, they shall cause a certificate thereof, under their hands and seals, to be filed in the clerk's office of the said county, and a copy thereof to be served on the sheriff of the said county, and the said buildings shall, in one week thereafter, be and remain the court house aud gaol of the said county.

Money to be

III. And be it further enacted, That it shall be the duty of the supervisors of the said county, and they are hereby authorised and raised by tax. required, at their next annual meeting, to cause to be assessed, collected, and paid into the treasury of the said county, the sum of five thousand dollars, in like manner as taxes to defray the contingeut expenses of the said county are assessed, collected and paid, and in each year thereafter, in like manner, the sum of four thousand dollars, until a sufficient sum, over and above the ordinary fees of collection, shall have been collected and paid into the treasury, to satisfy and pay for the said lot of ground, and building the said court house and gaol: and it shall be the duty of the treasurer of the said county, and he is hereby authorised and required, from and after the first day of February next, from time to time, to pay out of the treasury of the said county, on the warrant of the said commissioners, or a major part of them, a sum of money not exceeding in the whole in one year the sum of five thousand dollars, and in each year thereafter a sum not exceeding four thousand dollars, until he shall have paid the sum of sixteen thousand dollars, or until the expenses of purchasing the said lot of land and erecting the buildings shall be fully paid.

IV. And be it further enacted, That the said commissioners, Ten thous be and they are hereby authorised to borrow, for the. purpose intend- and dollars

may be bor

ed by this act, a sum of money not exeeeding the sum of ten thous- rowed.
and dollars, at a rate of interest not exceeding seven per centum
per annum; and the treasurer aforesaid is hereby required to pay
the same, on the warrant of the said commissioners, as aforesaid:
and it shall be the duty of the said commisioners, before they enter
on the duties required of them by this act, to take an oath, well,
faithfully and honestly to perform the same, and shall immediately
thereafter, each give a bond to the supervisors aforesaid, with suffi-
cient surety, to be approved of by the cle:k of the said county, in
the penalty of ten thousand dollars, conditioned for the faithful ap-
plication of the monies to be by them received or drawn as afore-
said, and to render a just and true account thereof to the said su-
pervisors when thereto lawfully required.

Materials of

V. And be it further enacted, That the said commissiones be hereby authorised to collect all the materials of the old court house the old build and gaol recently consumed by fire, and to use and dispose of the sold. same for the benefit of the said county.

VI. And be it further enacted, That the said commissioners shall

ings to be

each be allowed and paid the sum of two dollars and fifty cents for each day's attendance on the business intended by this act, to be paid out of the monies before mentioned.

CHAP. LXXVII.

AN ACT for the relief of the Cayuga and Susquehannah turnpike

company.

Passed March 14, 1817.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the president and directors of the Cayuga and Susquehannah turnpike company, shall have a further time of three years, from the first day of June next, for the purpose of completing the said road, any law to the contrary notwithstanding.

CHAP. LXXVIII.

AN ACT relative to the court of common pleas and general sessions of the peace in and for the county of Onondaga, and the court of general sessions of the peace in and for the county of Clinton. Passed March 14, 1817.

I. Be it enacted by the people of the State of New-York, represented in senate and assembly, That the court of common pleas and Four terms general sessions of the peace, held at the court house in the town of

of common

plean in Onondaga.

When held.

Proviso.

Additional

term in Clinpon.

Onondaga, in and for the county of Onondaga, shall be held at the four several terms following, to wit: On the fourth Mondays of May, August, November and February; and that the said several terms of the said courts may be continued and held from the time of the commencement thereof, every day, except Sunday, until and including the second Saturday after the commencement of each term: Provided, Nothing herein contained shall authorise the said courts to hold trials by jury, in any term after the first week thereof: And provided further, That no process, issuing out of said courts, shall be tested or made returnable in the second week of any of the said

terms.

II. And be it further enacted, That hereafter there shall be an additional term of the court of general sessions of the peace, held in and for the county of Clinton, on the third Tuesday of January, in each and every year; and that the said term of said court may continue to be held, from the time of its commencement, until the Saturday next following, inclusive.

CHAP. LXXIX.

AN ACT relative to the court house and gaol in the county of
Essex.

Passed March 14, 1817.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the supervisors of the county of Essex, or a majority of them, to levy and collect, of the freeholders and inhabitants of the county of Essex, in the usual way of levying and collecting taxes, to defray the contingent expenses of said county, such sum or sums as they, or a majority of them, shall agree on, not exceeding three thousand dollars, for the purpose of defraying the expenses of completing the court house and gaol in the said county of Essex.

II. And be it further enacted, That it shall be the duty of the treasurer to pay to the order of the commissioners, appointed to superintend the building of a court house and gaol in said county, or a majority of them, so much of the monies as are necessary, that shall or may have come into the treasury by virtue of this act or otherwise, and not appropriated to other purposes; and it is hereby made the duty of the said commissioners, to account with the supervisors of the said county for the monies to be drawn on their order as aforesaid, when thereunto required.

CHAP. LXXX.

AN ACT for the relief of the president, directors and company of the Schoharie-kill bridge company.

Passed March 14, 1817.

WHEREAS the president, directors and company of Schohariekill bridge company, have made and completed a turnpike road, commencing at the house of John S. Bradford, in the town of Blenheim, in the county of Schoharie, on the nearest and most convenient route to the Schoharie-kill bridge, and from thence so as to intersect the Susquehannah turnpike road, at or near the village in Shinglekill, in the town of Cairo, in the county of Greene: And whereas there are some omissions in the form of the appointment of the commissioners to lay out said road, and in their returu, and also in the appointment of the commissioners to assess the damages, and in their inquisition and return; for remedy whereof,

Preamble

Certain pro ceedings con

İ. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the appointment of the com missioners, by the governor, to lay out the road aforesaid, and the firmed. appointment of the appraisers to assess the damages, and proceedings and return of the said commissioners, be confirmed, any informalities in any of the said proceedings notwithstanding.

And whereas the president and directors of the said company, to remove objections on the part of the inhabitants of the town of Wind

Certain per from tolls.

sons exempt

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