CHAP. 231.

AN ACT for the relief of Andrew Glen, an alien.

[Passed May 7, 1840.]

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

1. The title of Andrew Glen, an alien, to certain lands and real estate, conveyed to him by George Stebbins and Paulina his wife, on the first day of April, eighteen hundred and thirty-six, is hereby declared to be as valid and effectual as if the said Glen had then been a citizen of the United States.

2. This act shall take effect immediately on its passage.

CHAP 232.

AN ACT for the relief of George Leworthy, an alien. [Passed May 7, 1840.]

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

§ 1. The conveyance of certain lands and real estate made to George Leworthy, of the town of Sangersfield, Oneida county, made by Cyrus Hubbard and Lyman Day, on the twentyfifth day of March, in the year eighteen hundred and thirty-three, shall be of the same force and effect, and confer the same title, as if the said George Leworthy had then been a citizen of the United States.

§ 2. This act shall take effect immediately.

CHAP. 233.

AN ACT for payment of Edwin F. Johnson, for the survey of a route for a rail-road, from Ogdensburgh to Lake Champlain.

[Passed May 7, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. The Treasurer of the state of New-York shall pay, on the warrant of the Comptroller, to Edwin F. Johnson, the sum of one thousand eight hundred and ninety-three dollars and ninety-eight cents, which shall be in full of all his claims under the act entitled "An act to authorize the survey of a route for a rail-road from Ogdensburgh to Lake Champlain," passed April 18, 1838.

§ 2. This act shall take effect immediately.

CHAP. 234.

AN ACT to amend an act entitled "An act authorizing the appointment of a supreme court commissioner to reside in in the county of Wayne," passed March 7, 1833.

[Passed May 7, 1840.]

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

§ 1. The act authorizing the appointment of a supreme court commissioner, to reside in the county of Wayne, is hereby amended by inserting, after the first section thereof, an additional section, in the words following.

"§ 2. The commissioner appointed, or authorized to be appointed, by the first section of this act, is hereby empowered and authorized to perform all the duties, and execute every act, power and trust which the first judge of the county courts, of the degree of counsellor in the supreme court, may or could perform and execute, out of court, relating to such courts, according to law and the rules and practice thereof."

3. This act shall take effect from the passage thereof.

CHAP. 235.

AN ACT to regulate the place and manner of assessing and taxing the Croton aqueduct.

[Passed May 7, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. The lands in the county of Westchester taken, held and occupied or used for the Croton aqueduct or any of the purposes thereof, shall be assessed and taxed in the said county, in the manner prescribed by law at the value of the lands exclusive of the aqueduct and the constructions and works necessary for its purposes; and the said aqueduct, with such aforesaid constructions or works, and the capital therein employed and belonging to the corporation of the city of NewYork, shall be assessed and taxed only within the city and county of New-York, and in the same manner as personal property of the said corporation, now is or may hereafter be assessed and taxed.

created.

CHAP. 236.

AN ACT for the relief of the treasurer of the county of Erie. [Passed May 7, 1840.]

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

§ 1. The Comptroller is authorized to receive from the county treasurer of the county of Erie, the returns and accounts of the unpaid taxes of the said county for the year 1838, not heretofore returned to the said Comptroller, and to credit the amount thereof to the said county.

§ 2. This act shall take effect immediately.

CHAP. 237.

AN ACT to incorporate the Apollo Association for the promotion of the fine arts.

[Passed May 7, 1840.]

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

Corporation § 1. John W. Francis, James Herring, John H. Gourlie, George Bruce, Augustus Greele, John P. Ridner, John P. Neswith, Thomas N. Campbell, Prosper M. Wetmore, and such other persons as now are or may hereafter from time to time become associated with them are hereby constituted a body corporate by the name of "The Apollo Association," for the purposes of the promotion of the fine arts within the United States.

Estate.

By-laws.

§ 2. The corporation hereby created may acquire, hold and purchase real and personal estate, but the whole income of such real and personal estate shall not exceed ten thousand dollars.

3. The said association shall have power to make, from time to time, such a constitution, by-laws and regulations as they shall judge proper for the election of officers, for prescribing their respective functions and the mode of discharging the same, for the admission of new members into the said association; for the government of the officers and members thereof; for regulating the annual rate of contributions towards the funds thereof; appointing the times and places of meeting for managing the affairs of said association; and for the suspending or expelling such officers and members as shall neglect or refuse to comply with the constitution, by-laws and regulations thereof.

officers.

4. The officers of said association shall consist of a presi- Election of dent, a corresponding secretary, a recording secretary, a treasurer, a committee of management consisting of fifteen members, who are not professional artists, and such other officers as the said association may deem necessary, who shall be annually chosen by a plurality of votes on the third Monday in December; and if the annual election shall not be held on that day, then it shall be lawful to make such election on any other day, on due notice being given to the members of the intention to hold such election, and there being present, at the time and place designated, fifty members of the association; and in case a vacancy shall take place between the annual meetings, then it shall be lawful for such vacancy to be filled by the officers and committee of management at any regular meeting of said committee, and the person or persons so chosen shall continue in office until the next annual election, or until others are chosen in their places.

5. This act shall continue in force for the period of twen- Duration o ty-one years, subject, however, to amendments, modification or act. repeal by the legislature.

6. The said corporation shall possess the general powers, General and be subject to the restrictions and liabilities prescribed in powers. the third Title of the eighteenth Chapter of the first Part of the Revised Statutes.

CHAP. 238.

AN ACT to abolish the office of commissioner of deeds in the several towns in this state, and to devolve their powers and duties on justices of the peace.

[Passed May 7, 1840.]

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

justices to

duties.

§ 1. The office of commissioner of deeds is hereby abolished office aboin the several towns of this state; and all the powers and duties of lished, and such commissioners shall hereafter be executed by the justices perform of the peace in said towns respectively; but the several commissioners now in office may continue to execute the duties of said office till the expiration of the term for which they were respectively appointed, and no longer.

2. It shall not be lawful for the said justices of the peace to take or receive, for the acknowledgment or proof of deeds, any further or higher fees than the following, viz:

For taking the proof or acknowledgment of a deed, and drawing and signing the certificate, for one person, twentyfive cents. For each additional person having executed the

Fees allowtic

ed to jus

same deed, twelve and a half cents. For swearing each witness, six cents.

§3. This act shall take effect immediately.

CHAP. 239.

AN ACT to amend Title first, Chapter fifth, Part third of the Revised Statutes, relative to the action of ejectment.

[Passed May 7, 1840.]

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

§ 1. In all actions of ejectment brought to recover any right of dower in real estate, where the husband of the claimant did not die seised of the premises in which dower is claimed, the defendant may have the same right to interpose the plea of tender he had previous to the passage of the Revised Statutes, and whenever the said plea shall be plead, the parties shall be subject to the same rules as to the payment of costs, as they were previous to the Revised Statutes, and all the provisions of the Revised Statutes inconsistent with the provisions of this act, are hereby repealed.

created.

CHAP. 240.

AN ACT to incorporate the Lyons Academy.

[Passed May 7, 1840.]

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

Corporation § 1. Ambrose Spencer, John Adams, William Sisson, Abraham L. Beaumont, John M. Holley, Daniel Chapman, Reuben H. Foster, Joseph M. Demmon, Thompson Harrington, Jacob Leach, Zalmun Rice, Farnum White, John Č. Kingsbury, Bartlett R. Rogers, Albert I. Hovey, and such other persons as may associate with them, are hereby constituted a body corporate, by the name of "The Lyons Academy, to be located in the village of Lyons, in the county of Wayne, for the purpose of establishing, maintaining and conducting a seminary of learning for the education of youth of

Trustees.

both sexes.

§2. The estate, property and concerns of the said corporation shall be managed by a board of fifteen trustees.