1836. CHAPTER CCCXCIX.

AN ACT to amend an act entitled "an act in aid of the New York Institution for the Blind," passed April 30th, 1836.-Passed May 20, 1836.

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

SEC. 1. The sum of twelve thousand dollars, appropriated by the Appropriafirst section of the act entitled "An act in aid of the New York institution for the blind," passed April 30, 1836, shall be paid as therein directed, provided the managers of the said institution, in the city of New York, raise the sum of eight thousand dollars. Whenever evidence is given to the comptroller of the state, that the said amount is deposited by them in some bank in the said city, then it shall be lawful for the managers of the New York institution for the blind, through their treasurer for the time being, to draw upon the comptroller of the state for twelve thousand dollars, which sum, together with the eight thousand dollars raised and deposited as aforesaid, shall be applied by the managers of the institution, for the purposes of purchasing the fee simple of the premises now occupied by them, and also for the erection of a workshop for the blind, and for the repair of the buildings now on the said premises. And the title thereto shall be vested in the managers of the said institution, in conformity to the conditions of a lease given to them by James Boorman, of the city of New York, dated the fourth day of July, 1833, and recorded in the register's office of the city and county of New York, in liber 304, page 202, of convey

ances.

how to be

SEC. 2. The premises so purchased, as aforesaid, shall be appro- Premises, priated and used by the managers of the said institution and their used. successors, wholly and solely for the benefit of the blind, and as provided by the third section of the act hereby amended; and, in order that the institution may be more permanently and usefully established, it shall not be removed from its present site before the expiration of fifty years from the time of its purchase aforesaid.

SEC. 3. In case, at any time thereafter, said premises should be Condition. used for other purposes, or changed from an institution for the blind, as mentioned in the above section of this act, then, in that case, the sum of twelve thousand dollars, and the interest thereon, shall revert back and be paid over to the comptroller, and shall be placed in the treasury of this state.

SEC. 4. The second section of the act passed on the 30th April, Repeal.

Land, how to be used.

Condition.

Fences.

Passes.

Repeal.

1836, in aid of the New York institution for the blind shall be, and is hereby repealed.

1836.-CHAPTER CCCCLXVIII.

AN ACT to amend an act, entitled "an act to provide for supplying the City of New York, with pure and wholesome Water," passed May 2, 1834.-Passed May 25, 1836.

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

SEC. 1. The lands situate in the county of Westchester which may be taken by the corporation of the city and county of New York, by virtue of the act hereby amended, shall be held and appropriated by the said corporation only for the use and purpose of introducing water into the city of New York, and for purposes necessarily incident thereto, and for no other uses or purposes whatever, anything in the act hereby amended to the contrary thereof notwithstanding.

SEC. 2. In case said corporation of the city of New York should use any of said lands situate in the county of Westchester for purposes other than in the last preceding section permitted or in case said land should not be required for the purpose of introducing water into the city of New York, such lands so improperly used, or not so required, shall become revested in the individual from whom the said corporation obtained it, as fully and perfectly as though the act hereby amended had never been enacted, upon repaying to said corporation the amount originally paid for the same, after deducting from such amount the damages sustained by such individual, by reason of any alteration or work which the said corporation may have made upon said land.

SEC. 3. The corporation of the city of New York shall, at the expense of the said corporation, erect and sustain all fences which may be required to protect said works from injury.

SEC. 4. The corporation of the city of New York shall, at the expense of the said corporation, erect and sustain convenient passes across or under the aqueduct, to be erected by virtue of the act hereby amended, whenever said aqueducts shall intersect the land in the said county of Westchester belonging to an individual or individuals, for the farming and other purposes of the land thus intersected.

SEC. 5. So much and such parts of the act hereby amended as is inconsistent with this act is hereby repealed.

1836. CHAPTER CCCCLXXXIV.

AN ACT to authorize Henry Patchin and others to construct Docks, Wharfs, Bulkheads and Piers in the East River, in front of their Lands in the City of Brooklyn, and for other Purposes.-Passed May 25, 1836.

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

and others

erect

SEC. 1. It shall be lawful for Henry Patchin, Nathaniel P. Wa-H. Patchin ring, Silas Butler, Conklin Brush, Peter F. Ewer, Peter McCarty, wharfs. Jeremiah H. Taylor, Anson Blake, Charles Kelsey, George Wood, Parmeneus Johnson, Cornelius Heeney, Charles Hoyt, Mulford Martin, George Patchin, the heirs of Lyman Betts deceased, and their heirs and assigns, to erect, construct and maintain one or more wharfs, docks, bulkheads and piers, on the land under water in front of their lands in the city of Brooklyn; but such docks, wharfs and bulkheads shall not extend into the East river beyond the following line, (that is to say :) beginning at a point on a line in continuation of the northwesterly side of Partition street, distant seven hundred feet from the westerly corner of Partition and Ferris streets, and running thence northeasterly parallel with Ferris street three hundred and twenty feet, thence northeasterly on a straight line until it intersects a line running from the northerly corner of Dikeman and Ferris streets, to a point eight hundred and forty-five feet from the westerly corner of Butler and Columbia streets, on a line in continuation of Butler street, at a point distant from the said northerly corner of Dikeman and Ferris streets eighteen hundred feet, and thence on a straight line northeasterly to the aforesaid point, distant from the westerly corner of Columbia and Butler streets eight hundred and forty-five feet, and from thence in a straight line till it intersects a line in continuation of the southerly side of Atlantic street, in a direction which continued would strike a point distant northwesterly from the northerly corner of Hicks' and Smith's docks at the foot of Joraleman street two hundred and forty-five feet, and to receive reasonable dockage and wharfage from all persons using the same.

line to be

SEC. 2. Three disinterested persons shall be appointed by the Permanent governor commissioners, for the purpose of locating and determin- established. ing a suitable line in the East river in front of the city of Brooklyn, upon which a permanent line of bulkhead may hereafter be erected without injuring the navigation of said river; and the said commissioners, or any two of them, shall determine and locate such line extending from a point or continued line of the southerly side

Saving clause.

peal.

of Atlantic street to a point at or opposite to the dock next easterly from Jackson street ferry, and make and subscribe an accurate description of said line, and file the same in the office of the clerk of the county of Kings; and the line so determined and located shall be and remain the permanent water line of the said city of Brooklyn between the points above mentioned, and thereafter no bulkhead shall be extended from the upland in said city into the East river, beyond such line, without the previous authority of the Legislature, under the penalty of one thousand dollars, to be paid by any person offending in the premises, to be sued for and recovered by the district attorney of the county of Kings, in the name and to the use of the people of this state.

SEC. 3. Nothing in this act contained shall be taken or construed to destroy, abridge, or in any manner impair the rights of the mayor, aldermen and commonalty of the city of New York in respect to the land between the lines of high and low water along the Brooklyn shore of the East river; nor shall this act authorize any dock or wharf to be erected upon any of the lands belonging to the city of New York, without the permission of the common council of said city first had and obtained.

Right to re- SEC. 4. This act shall take effect immediately, and the Legisla ture may at any time alter, amend or repeal the same. [Note T, Appendix.]

1836.-CHAPTER DXI.

Duty of directors.

be sold.

AN ACT authorizing the Directors of the Central Asylum for Instruction of the Deaf and Dumb, to dispose of the Property of said Institution, and for other purposes.-Passed May 26, 1836.

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

SEC. 1. The directors of the Central Asylum for the instruction of the Deaf and Dumb, are hereby authorized to retain the state pupils now in the institution, according to the terms provided by the act authorizing their reception into the same, until they are removed to, and provided for, at the institution in the city of New York: the expense of such removal shall be paid by the treasurer, on the warrant of comptroller.

Property to SEC. 2. The directors of the said institution are hereby authorized, whenever the said pupils shall be removed to the institution in the city of New York, to sell and convey the property belong

ing to said institution, and to apply the proceeds of such sale to the extinguishment of the debts of said institution; and if any surplus remain, to pay it to the treasury of this state, for the benefit of the indigent deaf and dumb.

continued in

SEC. 3. The act entitled "An act to amend an act entitled an Act of 1830 act extending and supplementary to certain acts, providing for the force. indigent deaf and dumb within this state, passed April 15th, 1825, and for other purposes," passed April 15th, 1830, so far as the same relates to the New York institution for the deaf and dumb, is hereby extended and shall continue in force for five years, from and after the first day of May, 1836.

SEC. 4. This act shall take effect on its passage.

Act to take effect.

1837. CHAPTER XVI.

AN ACT to divide the Eleventh Ward of the City of New York into two Wards.-Passed February 1, 1837.

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

ward.

SEC. 1. All that part of the present Eleventh ward of the city Seventeenth of New York, which lies northwesterly of a line drawn from Fourteenth street through the centre of Avenue B, to Houston street; thence across Houston street to the centre of Clinton street; and thence through the centre of Clinton street to Rivington street, is hereby constituted and declared to be an additional and separate ward in the said city, and shall be called the Seventeenth ward of the city of New York.

ward.

SEC. 2. All the residue of the present Eleventh ward of the said Eleventh city, lying southeasterly of the line above mentioned, shall be a distinct and separate ward, and shall be called the Eleventh ward of the city of New York.

SEC. 3. The first election of charter officers under this act, shall Election. take place on the second Tuesday of April next.