By-laws.

tion, or to the board of directors, or to any other person or persons for the use or benefit of said corporation, and of selling, leasing, mortgaging, or otherwise disposing of, in whole or in part, any real or personal estate for the uses and purposes aforesaid; provided, however, that the annual value of the real estate held by said corporation shall not exceed five thousand dollars.

§ 6. The real estate and personal property which the said corporation shall hold under this act, shall be and remain free and exempt from all taxation whatsoever, so long as the revenues and income thereof shall be used and disbursed for the uses and purposes contemplated by this act.

§ 7. The said board of directors, or a quorum of their number, shall have power to make all such by-laws, rules and ordinances from time to time as may be necessary and not contrary to law, and to appoint or employ such teachers, servants and agents as they may deem proper to carry out the objects and purposes of this act.

§ 8. The said corporation shall possess the general powers conferred by, and be subject to the provisions and restrictions of the third title of the eighteenth chapter of the first part of the Revised Statutes.

§ 9. This act shall take effect immediately.

Award.

Chap. 458.

AN ACT authorising the payment of money to George Guenther, for work done on the Erie canal.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The treasurer, on the warrant of the comptroller is hereby directed to pay to George Guenther, his legal representatives or assigns, the sum of two hundred and forty-nine dollars and fifty cents, with interest from

the first day of May, eighteen hundred and fifty-four, out
of any moneys in the treasury, appropriated or to be ap-
propriated for the Erie canal enlargement, it being for
work done by said Guenther, on a lock in the village of
Brockport, after the state had taken the work out of the
hands of Elijah Ennis, the contractor; provided the comp-
troller is satisfied that the claim of said Guenther is just
and equitable.

§ 2. This act shall take effect immediately.

Chap. 459.

AN ACT for the relief of Little and Company.
Passed April 15, 1857, three-fifths being present.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The comptroller, secretary of state and Damages.
attorney general are hereby authorised and required to
hear, investigate and decide upon the claims of Little and
company, for damages sustained or incurred by them in
the performance and fulfilment of the contract made and
entered into by them with the state of New-York, on the
twentieth day of April, eighteen hundred and fifty, and
they shall make such award therefor as shall be just.

§2. The treasurer of this state shall pay to Little and company, on the warrant of the comptroller, the sum which shall be awarded to them under the provisions of the first section of this act, out of any moneys in the treasury not otherwise appropriated.

§3. This act shall take effect immediately.

Award

Special judge.

Chap. 460.

AN ACT to provide for the payment of canal damages to Hull and Shipman, caused by the suspension of their work by the state.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board shall hear and determine the claim of Hull and Shipman, contractors for the construction of the south branch reservoir of the Black river canal, and shall award to them such sum of money as they shall be equitably entitled thereto, (without including any prospective profits,) for the damages sustained by said contractors in consequence of the suspension of their work on the twelfth day of November, eighteen hundred and fifty-six.

§ 2. The treasurer shall pay, on the warrant of the comptroller, to said Hull and Shipman, such sum of money as shall be awarded them in pursuance of the first section of this act, out of any moneys appropriated for the payment of canal damages.

§3. This act shall take effect immediately.

Chap. 461.

AN ACT to authorise the election of a Special
County Judge and Surrogate in the county of
Essex.

Passed April 15, 1857, three-fifths being present.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. There shall be elected in the county of Essex an officer to discharge the duties of County Judge and Surrogate, in case of vacancy or inability of such officer,

in pursuance of the fifteenth section of the sixth article
of the constitution. Such local officer shall be known
and designated as a special county judge and surrogate.

2. Such special judge and surrogate shall be elected
at the next general election in said county, and once in Election.
three years thereafter, in the same manner as the county
judge and surrogate in said county is elected; and all
the provisions of law relating to election of county judge
and surrogate, and to the filling of vacancies in the office
of county judge, shall be applicable to the office created
by this act. The term of office of such special county
judge and surrogate, shall commence on the first day of
January next, after the election, and he shall hold his
office for the term of three years, and until another is
chosen in his place, and duly qualified. Such special
county judge and surrogate shall keep his office in the vil-
lage of Elizabethtown, in said county of Essex, and shall
be subject to removal for the same causes and in the same
manner as a county judge and surrogate may now by law
be removed.

Powers,

&c.

§3. Such special county judge and surrogate shall pos- P sess the powers and perform the duties of the county judge and surrogate in said county, in the case of inability of said county judge and surrogate to perform the duties of his office, or in case of vacancy in the office of county judge and surrogate of said county; and any proceedings commenced before such special judge and surrogate, and any act done by such special judge and surrogate shall be presumed to have been done in the case provided for in this section, until the contrary be shown.

§ 4. Such special county judge and surrogate, in case
he shall be of the degree of counsellor at law in the su-
preme court, shall also possess all the powers and perform
the duties, which are possessed or can be performed in
any case by a county judge and surrogate out of court.

5. Such local officer shall receive for the services to Salary.
be rendered by him, under the provisions of this act, such
compensation as shall be allowed to him by the board of
supervisors in said county of Essex. All fees received
by him for discharging any of the duties under this act,
shall be paid over to the county treasurer of said county,
to be applied towards the payment of county charges.

1

Resolution

declareds valid.

Chap. 462.

AN ACT to legalize the action of the Board of
Supervisors of the city and county of New-
York, providing payment for certain surveying
and mapping performed for said city and county.

Passed April 15, 1857, three-fifths being present.

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

SECTION 1. The resolution passed January twentysecond, eighteen hundred and fifty-seven, by the board of supervisors of the city and county of New-York, in the following words, viz:

Resolved, That the bill of Mr. Samuel E. Holmes, for the sum of twenty-five hundred dollars, for surveying and making maps of the nineteenth ward of the city of NewYork, for the use of the tax commissioners and ward assessors, be and the same is hereby audited and allowed.

Resolved, That A. V. Stout, esq., county treasurer, be and he is hereby directed to draw his warrant for twentyfive hundred dollars in favor of Samuel E. Holmes, for the services mentioned in the foregoing resolution, are hereby declared to be valid, and the same shall be carried into effect.

2. This act shall take effect immediately.