ceipt the compensation hereby provided, and upon the same being made as herein authorized, the company hereby incorporated shall have and possess all the rights, privileges, property and franchises belonging to the said Buf falo and Black-Rock rail-road company, except such excess of property as is excepted in the twentieth section.

$25. Until such payment as herein directed shall be Restriction: made to the said Buffalo and Black-Rock rail-road company, or until a tender thereof shall be made, the company hereby incorporated shall not be authorized to use any part of their road between Buffalo and Black-Rock, for any other purpose than the transportation of materials and implements to be used in the construction of the road hereby authorized: and for each and every wilful violation of this provision, the company hereby incorporated shall be liable to a penalty of two hundred and fifty dollars, to be recovered in an action of debt by the said Buffalo and Black-Rock rail-road company, to their own use.

$ 26. The legislature may at any time alter, modify of Right to re repeal this act.

CHAP. 270.

AN ACT to amend an act entitled "An act to incorporate the Kingston and Middletown turnpike road company,' passed February 17, 1831.

Passed May 5, 1834.

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

peak

increased:

S1. The capital stock of the Kingston and Middletown Capital stock turnpike road company is hereby increased five thousand dollars, so that the whole capital stock of said corporation shall be twenty thousand dollars, and the president and directors of said company shall have power and are here by authorized to issue certificates of stock for two hundred shares of twenty-five dollars each, for the additional stock.

tions.

$ 2. Joseph S. Smith, Francis C. Voorhies and Wil Subscrip liam Kerr, are hereby appointed commissioners to receive subscriptions for the said capital stock, hereby increased and created as aforesaid.

may be made

$3. In cases where it has been, or shall hereafter be Altefatiofik found necessary and advantageous to the public interest, in roud: that the said road should be constructed on lands not in cluded within the present survey of said road, but on lands

Commencement of road.

Time limited.

Rates of toll.

Right to re

peal.

Justices and clerk to be

lying adjacent thereto, and where no damage has been or shall be sustained or claimed by the owners thereof, such variations from the original survey are hereby authorized and confirmed; and the title to such parts of the road shall be vested in the said corporation to the same extent as other parts of the road, when the said corporation shall have caused accurate maps and field notes of the surveys of such alterations to be made and filed, according to the directions of their act of incorporation in relation to the original survey of said road.

S4. The commencement of the road of said company shall be at a point, fourteen chains from the northerly end of the bridge across the Esopus creek, near the village of Kingston, and so much of said road as lies between the said points is hereby made a highway of the said town of Kingston.

$5. The time for completing said turnpike road is hereby extended for the term of three years from the passing of this act.

$6. The tolls authorized to be taken by the said incorporation by virtue of the fifth section of the act hereby amended: "For every chair, chaise, or sulkey drawn by one horse," shall hereafter be the same as that authorized by the said act to be taken "for every wagon drawn by one horse, ox, or mule," and the tolls in said section specified "for every chariot, coachee, phaton, or pleasure carriage, drawn by two horses," shall hereafter be the same as that authorized to be taken "for every stage, wagon, or other four wheeled carriage drawn by two horses," and so much of said act as is repugnant hereto is hereby repealed.

$7. This act shall take effect from the passage thereof. $8. The legislature may at any time alter, modify or repeal this act.

CHAP. 271.

AN ACT for establishing a justices' court in the city of

Troy.

Passed May 5, 1834.

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

S 1. It shall and may be lawful for the person adminis appointed. tering the government of this state, by and with the consent of the senate, from time to time to appoint and com

mission, three persons, to be called and known by the name of "The Justices of the Justices' court in and for the city of Troy," and one other person, to be called and known by the name of "The Clerk of the Justices' court in and for the city of Troy," to hold their said offices respectively, for and during the term of four years: and in their said commissions the said justices shall also be appointed justices of the peace, in and for the county of Rensselaer, with all and singular the powers in criminal cases, incident to the office of justices of the

peace.

how to be

S2. If the said clerk should remove out of the city of Vacancies Troy, be sick or absent, or by any other ways or means supplied. become incapable of exercising and performing the duties of his said office in the recess of the senate, then and in such case the said justices, or a major part of them, may as often as need be, fill the said vacancy, by the appointment of some other person as clerk, who shall hold his office during the sickness, absence, or other incapacity of the person so appointed by the senate, or until the said senate shall appoint some other person to the said office.

court.

3. The said justices of the said justices' court shall Style of the have power and authority to hold a court in the said city of Troy, and such court shall be called "The Justices' Court of the city of Troy," and shall have jurisdiction in the said city, to hear, try and determine all actions, which are now cognizable before a single justice of the peace in said city, and shall in all respects proceed in like manner, except as is otherwise provided by this act.

$4. The said court shall have a seal, to be devised and Sea'. directed by the justices thereof; and the clerk of the said court, before he shall enter upon the duties of his said office, shall take and subscribe the oath prescribed by the constitution of this state, before one of the justices of the said justices' court, which oath, certified by the justice before whom the same shall be taken, shall forthwith be filed in the office of the clerk of the county of Rensselaer; and the said court shall be open every day at seasonable hours, except Sunday, the three days of the annual election, the stated election for the city charter officers, the fourth day of July, the twenty-fifth day of December, and the first day of January in every year.

hold court.

S5. Except as is hereinafter excepted, no judgment Two justices shall be given or rendered, nor any rule or order made in heresy to any cause in the said court before the said justices, nor any conviction had upon any statute or law, unless two of the same justices hereby authorized to hold such court shall be present; and if only one of them shall attend on any court day, he shall adjourn the said court to the next

Docket or register to be kept.

Process how to be tested.

court day; and if on any court day neither of the said justices shall attend, then the clerk of the same court shall and may adjourn the court to the next court day: It shall and may be lawful for any one of the said justices to receive the confession of the defendant or defendants of the action of the plaintiff, and of the debt and damages or sum of money due to the plaintiff, and to give judgment and issue execution thereupon, in like manner as if any two of the said justices were present. In case of the sickness or death, or temporary absence from the city of any two of the said justices, then and in either case, one of the said justices shall have power to hold the said court, and to hear, try and determine the causes in the same manner as if two of the said justices were present; If either of said justices shall be of the degree of counsellor at law in the supreme court, any such justice shall have power to hold said court, and perform all the duties appertaining thereto, in the same manner as if two of the said justices were present,

$6. The clerk of the said court shall cause to be entered or registered in proper books to be kept for that purpose, a docket or register of all summonses, warrants, precepts, executions and process which may be issued by the said court, and the return to all such summonses, warrants, precepts, executions and process; and also proper entries of all acts, orders, dismissions, decrees, judgments, adjournments and proceedings of the said court; and also the substance of the plaintiff's charge or demand, and of the defendant's plea,

$ 7. All applications for process for the recovery of any debt or demand, to be sued for in the said court to be holden by virtue of this act, before the said justices, shall be made to the clerk or one of the justices of the said court; and all process to be issued out of the said court, shall be tested in the name of the said justices, and be signed by the clerk of the said court, with his name, and with these words, "By the Court," and sealed with the seal of said court; and the forms or process now adopted and used by single justices of the peace in the prosecution of suits before them, shall be adopted and used, as near as may be, by the said justices' court, except that the same shall be made returnable before the said court by its proper title. The clerk or any justice of said court shall have power to administer the oaths required by law on the issuing of a warrant or execution in a civil cause, in like manner as a justice of the peace may administer the same,

$ 8. No accounts for any official services to be hereafter rendered in any one year by any one of the justices of the city of Troy, except those appointed by virtue of this act, shall be audited by the board of supervisors of the county of Rensselaer, at an amount exceeding fifty dollars.

Accounts how to be

audited.

to be served.

$9. It shall not be lawful for any special constable, au- Process how thorized to be appointed by the common council of the city of Troy, to serve any civil or criminal process issued by any justice of the peace in said city, or by the justi ces' court established by this act, except such process shall be issued to suppress a riot.

S 10. In all cases in which, according to the provisions Security. of this act, security shall be required, it shall be lawful for the justices or clerk taking such security, to examine the person or persons who may be offered as security, on oath, as to his, her or their sufficiency to become such security.

administer

$11. It shall and may be lawful for any one of the said Justices may justices, at any time, to administer the oath prescribed m by law for obtaining execution on any judgment which shall have been entered in the said court, and grant execution or make any other necessary order thereon; and also to take the confession of the defendant in any suit or action commenced by warrant issued out of the said court, and enter judgment and grant execution thereon, in the same manner as if the same was done in open court; and the justice, before whom the said proceedings shall be had, shall enter or cause to be entered in the proper book or books of the said court, the substance of the said proceedings, together with a note or memorandum purporting that the same were had out of the court; and also the time when, and the name of the justice before whom the same were had,

$12. No more than one jury shall be summoned to Jury. attend the same court, to be holden before the said justices on any one day; and if there be more than one cause to be tried by jury in the said court on that day, the same jurors shall be returned in each cause; and every person qualified to serve as a juror upon trials had in the mayor's court of the city of Troy, shall be considered as duly qualified to serve as jurors upon trials in the said court to be holden before the said justices.

Books of

pies to bo ov

13. The register and books of entries for the said court, so to be holden before the said justices, or copies courteo thereof, attested by the said clerk, under the scal of the idence. same court, shall be deemed legal evidence in all courts, of the acts and proceedings of the same court.