penditures for the marine hospital: provided always, that the comptroller shall not draw his warrant for any sum under this act, unless the governor, attorney general and comptroller shall certify that the same shall be necessary for the support of said marine hospital. And all sums appropriated by this act shall be disbursed by the commissioners of emigration in the manner provided for in the fourteenth section of an act entitled "An act concerning passengers coming to the city of New-York," passed May 5, 1847, except so much thereof as allows the said commissioners of emigration to apply any part of said monies to the leasing or purchasing any property or the erection of any buildings. be repaid. §2. Whenever it is established by the judgment or decree When to of the court of last resort that the monies which have been or may be collected under protest as in the preceding section stated have been legally collected and belong to the state, or whenever there shall be a surplus in said fund from any cause, the sum or sums which shall be paid under this act shall be repaid to the treasury of the state out of the monies so paid under protest which shall thereby be ascertained to belong to the mariners' fund. tion of §3. The sum of sixty thousand dollars is hereby appropri- Appropriaated for the purposes of this act, and the treasurer on paying $60,000 any warrant of the comptroller under this act is hereby authorised to use the monies paid in under protest. §4. This act shall take effect immediately. CHAP. 195. AN ACT to provide for taking the acknowledgments of deeds and other written instruments, by persons residing out of the State of New-York. Passed April 7, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: knowledg § 1. The proof or acknowledgment of any deed or other Proof or ac written instrument required to be proved or acknowledged, in ment how order to entitle the same to be recorded or read in evidence, to be made. when made by any person residing out of this state, and Quds within any other state or territory of the United States may 79 2 be made before any officer of such state or territory, author-ch. 208 ised by the laws thereof to take the proof and acknowledg ment of deeds; and when so taken and certified as herein 1893 provided, shall be entitled to be recorded in any county in this state, and may be read in evidence in any court in this ch.123 state, in the same manner and with like effect, as proofs and acknowledgments taken before any of the officers now authorised by law to take such proofs and acknowledgments: When to be read in And. 1891 ch. 100. Money to bond of R. Provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed the said cleed or instrument. § 2. To entitle any conveyance or other written instrument acknowledged or proved under the preceding section, to be read in evidence or recorded in this state, there shall be subjoined to the certificate of proof or acknowledgment, signed by such officer, a certificate under the name and official seal of the clerk or register of the county in which such officer resides, specifying that such officer was at the time of taking such proof or acknowledgment, duly authorised to take the same, and that such clerk or register is well acquainted with the hand writing of such officer, and verily believes that the signature to said certificate of proof and acknowledgment is genuine. §3. This act shall take effect immediately. CHAP. 196. AN ACT for the relief of the legal heirs and devisees of Passed April 7, 1848, "by a two-third vote." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The treasurer shall pay on the warrant of the comp troller to the legal heirs and devisees of Elizabeth Gilchrist, the sum of fifteen hundred and ninety dollars and twenty cents, out of the school fund, for moneys paid into the treasury on account of that fund for lands sold, and for moneys received on contracts for the sale of land by the state, under the provisions of an act passed April 18, 1843, entitled "An act relating to the Gore, between townships number twelve and fourteen, in Totten and Crossfield's purchase, and for the relief of the settlers thereon," in full for the amount due said heirs or devisees. Provision §2. The amount due on Robert Gilchrist's bond given for respecting the balance due, for two thousand one hundred and sixty-two Gilchrist acres of said land, which bond bears date July 31, 1844, having been deducted from the moneys paid into the treasury by said occupants for a portion of said lands, the comptroller is hereby authorised and required to cancel said bond, and the commissioners of the land office are authorised and required to issue a patent to the heirs of Elizabeth Gilchrist, deceased, for the lands described in said bond. 3. This act shall take effect immediately. CHAP. 197. AN ACT in relation to documentary evidence. Passed April 7, 1848. The People of the State of New-York, represented in Senare and Assembly, do enact as follows: may be § 1. In all cases when a seal of any corporation is author- Impression ised or required by law, the same may be affixed by making made on an impression directly on the paper, which shall be as valid paper. as if made on a wafer or on wax. executed, § 2. In all cases where a deed or other instrument has Deeds here been heretofore executed by the corporation of the city offered Albany, with the seal of such corporation affixed thereto by made validmaking an impression directly on the paper, such deed or other instrument shall be as valid and may be read in evidence in all courts in this state, with the same force and effect as if such impression had been made on a wafer or wax. §3. This act shall take effect immediately, but shall not Saving affect the rights or remedies of parties to any suit or proceedings in law or equity, commenced before the passage of this act. CHAP. 198. AN ACT to amend an act passed December 14, 1847, entitled “An act to amend the acts relating to the Buffalo and Hamburgh turnpike company," passed January 23, 1830, and amended April 7, 1847. Passed April 7, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: lause. when to be § 1. The common council of the city of Buffalo are here- Draw by authorised, on giving fifteen months notice to the Buffalo made in and Hamburgh turnpike company, to order the construction toll bridge. of a draw in their toll bridge over big Buffalo creek, or of a toll float bridge in the place thereof. And the said common. council are hereby authorised to assess the expense thereof upon the real property deemed benefited thereby, or to levy a general tax upon the city of Buffalo for the same, or to require the said company to pay such expense, or to distribute the expense of the same in such portions, and on such interests as they shall deem just and equitable. Said draw to be of such width and capacity, and under such regulations as the said common council shall direct. And in case the said common council shall order the construction of said draw, or in place thereof a toll float bridge wholly at the expense of the company, in place of the present toll bridge, then and in Title how tained that case, if the said company shall refuse or neglect to construct the same the said common council shall have power to remove the present bridge, and the said company shall lose all right to replace the same. § 2. Any lands occupied by the road of said company, or abby their bridges, including the new north termination of their company road constructed in eighteen hundred and forty-three, and eighteen hundred and forty-four, and their present bridge over Big Buffalo creek, which are hereby declared to be a part of the turnpike road of said company, and to which they have not obtained title, before the passage of this act, or their title to which has for any reason failed; the company shall obtain title to the same, on paying or tendering to the owners of such lands, the sum that shall be awarded by commissioners named in this section, unless modified as hereinafter provided: Dean Richmond, Henry Daw, and Philip Dorsheimer, of Buffalo, are hereby appointed such commissioners. Lands how praised. §3. The said commissioners shall proceed to appraise such to be ap- lands in the same manner that commissioners to appraise lands for the Lockport and Niagara Falls railroad company are directed to proceed by the sixteenth section of the act incorporating that company, passed April 24, 1834. They shall report their appraisement to the recorder of the city of Buffalo, who shall have the same power as is conferred by said sixteenth section on the vice chancellor, and his final order shall be recorded in Erie county clerk's office, and thereupon said corporation shall be possessed of such lands for the purposes of their road and bridges. Vacancy plied. §4. The recorder of the city of Buffalo shall appoint a how sup- substitute for either of the commissioners hereby appointed, who shall for any reason fail to serve as such commissioner. § 5. This act shall take effect immediately. Corporat'n created. CHAP. 199. AN ACT to incorporate the Clover-street seminary. Passed April 7, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Isaac Moore, Frederick Whittlesey, Henry E. Rochester, Samuel P. Gould, Henry S. Potter, David H. Richardson and William C. Bloss, are hereby declared and constituted a body corporate by the name of the Clover-street Seminary to be located in the town of Brighton in the county of Monroe, for the purpose of establishing, maintaining and conducting a seminary of education. Affairs how § 2. The estate property and revenue of said corporation smanaged. shall be managed by a board of seven trustees, and the per sons named in the first section of this act shall be the first trustees of the said corporation, and shall continue as such until their death or resignation. And upon the death or resignation of any of said trustees, or upon a vacancy happen ing in any other manner, Isaac Moore, as the founder of such seminary, shall have power to fill such vacancy by an appointment in writing, as often as any such vacancy shall occur, and by last will and testament may direct who shall have power to fill such vacancies after his death. Any vacancy may be filled according to such direction, and in case of no appointment by the said Isaac Moore, in his life, or no direction by last will and testament, after his death the remaining trustees may fill any vacancy which may happen in their body. fund. §3. The said corporation shall be entitled to its distribu- Literature tive share of the literature fund, as soon as it shall comply with the rules prescribed by the regents of the university and subject itself to their visitation. §4. The corporation hereby created, shall possess the General powers and be subject to the provisions contained in the powers. fourth article of the first title of the fifteenth chapter, and the third title of the eighteenth chapter, of the first part of the Revised Statutes, so far as the same are applicable and so far as is consistent with the present constitution. clause. § 5. Nothing herein contained shall be construed to excuse saving the said Isaac Moore from legal liability for contracts made or to be made by him concerning the said seminary, but he shall be liable for the debts of the said corporation to the same extent and in the same manner as if he had acted in his individual capacity; but the real and personal estate actually belonging to said seminary and devoted to and used exclusively thereby, shall stand on the same footing as to taxation as if it belonged to any ordinary academical incorporation. §6. This act shall take effect immediately. CHAP. 200. AN ACT for the more effectual protection of the property of married women. Passed April 7, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: females to § 1. The real and personal property of any female who Property of may hereafter marry, and which she shall own at the time of be married marriage, and the rents issues and profits thereof shall not be secured. subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female. |