Road how to be inade. Pay of commissioners. Road to be districted. Vacancies how to be filled. Act to take effect. enclosed, improved, cultivated or other land, through which such highway shall pass, shall be ascertained, levied and paid, in the same manner as is provided in the Revised Statutes in the cases of laying out and opening highways; and the said commissioners shall have the same powers and pursue the same course in ascertaining and paying the damages for laying out said road, as commissioners of highways possess and are bound to pursue in laying out and opening of roads in their respective towns, under the provisions of the Revised Statutes. § 4. The said commissioners shali make or cause the said road to be made in a good and substantial manner, and shall also cause the expense attending the same to be presented to the board of supervisors of the county of Columbia, at their next annual meeting, and whenever thereunto required. The supervisors of said county shall cause to be levied and collected to defray the said expenses, by a tax on the real and personal property of the towns through which the said road may pass, having reference to the length and cost of the said road, in the said towns. It shall be the duty of the collectors of taxes in the towns through which the said road shall pass to pay over to the said commissioners such sums of money as shall be collected by them for the purpose of building said road. § 5. The said commissioners shall be entitled to receive two dollars per day for each day actually employed in laying out, building or superintending the construction of said road; and the surveyor who they shall employ, shall be entitled to receive three dollars per day for each day actually employed for making such survey, which shall also be levied, collected and paid in the same manner as specified in the next preceeding section. § 6. After the said road shall be completed, it shall be the duty of the commissioners of highways of the towns through which the same may pass, to cause the same to be divided into suitable road districts; and the inhabitants residing in the several districts shall be liable to perform highway labor on the same, in the manner as is provided in the Revised Statutes. § 7. If either of said commissioners shall die, or neglect or refuse to perform the duties aforesaid, it shall and may be lawful for the first judge of the county courts of Columbia county, upon application to him made, to appoint from time to time, as often as may be necessary, some fit and proper person in his or their place, who shall have the same powers, take the same oath, and perform the same duties, and receive the like compensation, as the commissioners above named. § 8. This act shall take effect immediately after its passage. CHAP. 180. AN ACT relative to the fire department of the city of Hud son. Passed April 10, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: be borrowed § 1. The common council of the city of Hudson is here- Money may by authorized to borrow a sum, not exceeding three thousand dollars, for the purpose of purchasing and repairing fire engines, and other apparatus for the extinguishment of fires in that city, and for the erection and reparation of buildings suitable for the preservation thereof. § 2. The said sum shall be a debt chargeable upon the Chargeable compact part of said city. to city. Loan may be made by § 3. The said sum may be loaned to said city by the comptroller, out of moneys belonging to the common school comptroller. fund; and in that case, it shall be the duty of the board of supervisors of the county of Columbia, upon receiving at any time notice from the comptroller that the whole or any part of the principal sum thus loaned, or the interest thereon, remains unpaid by said city, after the times which shall be specified for the payment thereof, to cause the same to be levied and collected from the taxable inhabitants of said compact part; and the money thus collected shall be paid by the county treasurer, within ten days after he shall have received the same, to the treasurer of the state, in extinguishment of so much of said debt. § 4. This act shall take effect immediately. CHAP. 181. AN ACT to amend an act to incorporate the village of Homer, passed May 11, 1835. Passed April 10, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Act to take effect. rules and § 1. The board of trustees of the village of Homer may Certain make and publish such rules, ordinances and regulations, to orders may prevent any cattle, sheep, horses, swine or geese running at be made. large any where within the limits of said village, and may impose a fine upon the owners thereof, not exceeding twenty-five dollars, and may collect the same with costs, by action of debt, or distress and sale of said cattle, sheep, horses, swine and geese. And publish ed. § 2. The said trustees are further empowered to enact and publish such rules, ordinances and regulations, as from time to time they shall deem necessary, to compel each taxable inhabitant residing within the limits of said corporation, to provide for himself and keep a suitable number of fire buckets, and attend with the same at any fire that may happen within the said village, and to fix a penalty, not exceeding twenty-five dollars, for a disobedience of the said rules. ordinances and regulations, and to levy and collect the same with costs. Thirteenth avenue established. Certain streets to extend to CHAP. 182. AN ACT to establish a permanent exterior street or avenue in the city of New-York, along the easterly shore of the North or Hudson's river, and for other purposes. Passed April 12, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The Thirteenth Avenue, as laid out on a map made by George B. Smith, city surveyor, bearing date March tenth, eighteen hundred and thirty-seven, and approved by the mayor, aldermen and commonalty of the city of NewYork, by a resolution passed in common council, on the twenty-eighth day of March, eighteen hundred and thirtyseven, (which map is filed in the office of the street commissioner of the city of New-York,) shall be the permanent exterior street or avenue in the said city along the easterly shore of the North or Hudson's river, between the southerly line of Hammond-street, and the northerly line of One hundred and Thirty-fifth-street. § 2. The several streets of the said city as laid out on the map or plan made by the commissioners appointed by the 13th avenue. act entitled "An act relative to improvements touching the laying out of streets and roads in the city of New-York, and for other purposes," passed April 3d, 1807, or as subsequently established by law, southerly of and including One hundred and Thirty-fifth-street, shall be continued and extended westerly along the present lines thereof, from their present terminations, on the said map or plan, respectively, to the said Thirteenth Avenue. Also, the Eleventh Avenue shall be continued and extended, on the said map or plan, along the present line thereof from its present southerly termination, at or near Thirty-third-street, to Nineteenth-street; and the Twelfth Avenue shall be continued and extended on the said map or plan, along the present line thereof, from Thirty-sixth-street to One hundred and Thirtyfifth-street. §3. The mayor, aldermen and commonalty of the city Lands under of New-York shall be, and they are hereby, vested with all water. the right and title of the people of this state, to the lands covered with water along the easterly shore of the North or Hudson's river, between Hammond-street and One hundred and Thirty-fifth-street, and extending from the westerly side of the lands under water, heretofore granted to the said mayor, aldermen and commonalty of the city of NewYork, by letters patent, in pursuance of the act entitled "An act relative to improvements in the city of New-York," passed February 25th, 1826. to the westerly side of the said Thirteenth Avenue. And the said letters patent shall be construed so as to grant to the said mayor, aldermen and commonalty of the city of New-York, and their successors forever, the said lands under water easterly of the westerly line of the said Thirteenth Avenue. right to lands owners. § 4. The proprietors of all grants of land under water, Pre-emptive! or of water lots, heretofore made by the said almayor, under water dermen and commonalty of the city of New-York, on the secured to easterly shore of the North or Hudson's river, shall have the pre-emptive right in all grants to be made by the said mayor, aldermen and commonalty of the city of New-York, of any lands under water, granted to them by this act, adjacent to and in front of the said lands under water so heretofore granted; and the proprietors of lands having a preemptive right to grants of land under water, by virtue of the said act entitled "An act relative to improvements in the city of New-York," passed February 25th, 1826, shall have the same pre-emptive right in all grants made by the said mayor, aldermen and commonalty of the city of NewYork, of any lands under water granted to them by this act. CHAP. 183. AN ACT to provide for the payment of the deficiencies in the revenue of the Chenango canal. Passed April 12, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: how to be § 1. All deficiencies in the revenue of the Chenango ca- Deficiencies nal to keep the same in repair, pay the expenses of super-paid. intendence and collection of tolls, and interest on the debt contracted for the construction of the canal, shall be a charge on the general fund, and be paid as a part of the ordinary expenses of the government. Act to take § 2. This act shall take effect immediately on its passage. offect. Board of commission CHAP. 184. AN ACT for the licensing and government of the pilots of the port of New-York, by the way of Sandy-Hook. Passed April 12, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. There shall be in the city of New-York a board, to ers of pilots. be entitled "The Board of Commissioners of Pilots," for the licensing, regulation and government of pilots of the port of New-York, by the way of Sandy-Hook, and the persons so engaged in the piloting of vessels to and from that port. 2. Such board shall consist of five persons, who shall be appointed by the governor, by and with the advice and consent of the senate. How appoin ted. Tenure of office. To take oath of of. fice. Powers and duties of ers. §3. The said commissioners shall be appointed as soon as convenient after the passing of this act; and shall hold their offices respectively for two years, from the first Monday in March 1837, and until others shall be appointed; and all vacancies which may happen during the recess of the senate, shall be supplied by the governor, for the residue of the term during which such vacancies shall occur. §4. The said commissioners, before they shall enter upon the duties of their office, shall respectively take and subscribe the oath or affirmation prescribed by the sixth article of the constitution of this state, before the mayor or recorder of the city of New-York: which said oath or affirmation shall be filed in the office of the clerk of the city and county of New-York: The said commissioners, or one of them, shall administer the said oath, or affirmation, to the secretary to said board of commissioners, and also to every person who shall be licensed as a pilot in pursuance of this act, who shall respectively take, subscribe and file the same as above mentioned, before they shall enter upon the duties of their respective offices. § 5. The said board of commissioners shall establish an cominission. Office in some convenient and proper place in the city of New-York, where they shall meet on the first and third Tuesday of every month, and as much oftener as circumstances may require, to execute and perform the duties appertaining to their office: they shall appoint a secretary, and one or more persons as messengers to the said board; they shall also have full power and authority, and are hereby required to make and duly promulgate and enforce all rules, regulations, orders, ordinances and by-laws not contrary to the constitution or laws of the United States, or of this state, and to impose such fines and penalties for any breach thereof, not exceeding one hundred dollars as to them, in the exercise of their discretion, shall be deemed just, rea |