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Guard of Jail.

Fencing of

lots of

and jail.

the said county, and thereupon the said sheriff shall proceed and cause the said work to be done by contract or otherwise, as he shall deem most for the public interests. He shall keep an accurate account of all expenses incurred in doing said work, and said account shall be verified by his oath and submitted to the board of supervisors of said county at their next annual meeting. And the said board shall cause the same to be paid; and if the said board shall neglect or refuse to pay the same, the supreme court may compel the said board, by mandamus, to pay the same. If the county judge and surrogate shall not approve the plan proposed by the sheriff for doing the work, or shall deem the estimated expense thereof to be too great, it shall be the duty of the said sheriff to procure plans and estimates which shall be approved by them, and no part of said work shall be done until the plans and estimates shall be approved by the said judge and surrogate.

$3. Until the said jail shall be rendered secure, the sheriff is hereby authorized to employ one or more persons to guard the said jail, and to prevent the escape of prisoners therefrom. And the expense thereof shall be audited and allowed by the board of supervisors of said county.

$4. It shall be the duty of the said sheriff to cause courthouse the said jail, and court-house to be repaired and kept in repair, and the lots on which they are located to be fenced, and said buildings to be furnished with such furniture and accommodations as shall be necessary or proper for the convenient transaction of the public business. But no repairs shall be made which shall require the expenditure of more than one hundred dollars at any one time without the written consent and approval of the county judge and surrogate, which consent and approval shall be writing and signed by said officers, and filed in the office of the clerk of said county.

$5. The sheriff shall keep an accurate account of the expenses of such repairs, furniture and accommodations, and shall verify the same by his oath, and the

* So in original.

said account so verified, shall be presented to, and allowed and paid by the board of supervisors of said County, and nothing herein contained shall be construed to prevent or interfere with any other repairs or improvements of said jail or court-house, which may be authorized and ordered by said board of supervisors.

$6. This act shall take effect immediately.

Chap. 556.

AN ACT to amend an act entitled "An act to authorize the Board of Supervisors of the county of Westchester to purchase the Westchester turnpike road," passed March thirtieth, eighteen and sixty-six.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

to purchase

SECTION 1. The act entitled "An act to authorize Supervisors the board of supervisors of the county of Westches- road. ter to purchase the Westchester turnpike road," passed March thirtieth, eighteen hundred and sixtysix, is hereby amended so as to read as follows:

$2. The board of supervisors of the county of Westchester are hereby authorized and empowered to purchase and acquire the turnpike road known as the Westchester turnpike road, created by an act of the legislature of the State of New York, passed April seventh, eighteen hundred, and which road passes through the towns of Eastchester, Pelham, New Rochelle, Mamaroneck and Rye, upon such terms and conditions and with such reservations as may be mutually agreed upon by and between the said board of supervisors and the president, directors and company of said turnpike road company, at the sum of not exceeding five thousand and five hundred dollars.

$3. Upon such purchase being made and approved by the said board of supervisors, or the committee thereof duly appointed for such purpose, it shall be

Tax on
for payment

County, etc.
of road.

Road to be ⚫ free.

lawful for and the duty of the said board of supervisors to assess, levy and collect the sum of not exceeding two thousand five hundred dollars upon the assessed and taxable property of the county of Westchester at large, and to assess, levy and collect the further sum of not exceeding three thousand dollars upon the assessed and taxable property of the towns of Eastchester, Pelham, New Rochelle, Mamaroneck and Rye, in proportions to the assessed valuation of the property in said towns respectively. And upon such money being so assessed, levied and collected, the treasurer of the said county of Westchester is hereby directed to pay said purchasemoney to the treasurer, or other duly authorized agent of said turnpike company.

$4. The said Westchester turnpike road, when purchased by the said board of supervisors of said county, and conveyed by the president, directors and company of the Westchester turnpike road, shall forever be a free public road or highway, and thereafter said road shall be kept in repair and maintained by the several towns through which the said road passes, in the same manner as other public highways in said towns respectively are kept in repair and maintained; and the said county of Westchester shall thereupon become vested with all the rights, title, privileges and franchises at any time granted by the legislature of the State of New York to the president, directors and company of the Westchester turupike road, not reserved by said company, and said company shall thereupon be dissolved.

$5. This act shall take effect immediately.

Chap. 557.

AN ACT to amend chapter one hundred and ninety-five, Laws of eighteen hundred and fortyeight, entitled "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 seventh, eighteen hundred and forty-eight.

Passed April 22, 1887.

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

SECTION 1. The second section of chapter one hundred and ninety-five, laws of eighteen hundred and forty-eight, passed April seventh, eighteen hundred and forty-eight, is hereby amended so as to read as follows:

To entitle any conveyance or written instrument, acknowledged or proved under the preceding section, to be read in evidence or recorded in this State, there shall be subjoined or attached to the certificate of proof or acknowledgment, signed by such officer, a certificate, under the name and official seal of the clerk, register, recorder or a prothonotary of the county in which such officer resides, or the clerk of any court thereof, having a seal, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder or prothonotary is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genuine.

$2. This act shall apply to all conveyances or written instruments heretofore proved or acknowledged and recorded, or to which a certificate has been subjoined or attached, as provided by this act, but shall not affect any litigation now pending.

$3. This act shall take effect immediately.

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Commissioners.

Route of drain.

Surveyor and en

Chap. 558.

AN ACT to amend "An act in relation to draining certain lands in the town of Fishkill, in the county of Dutchess," passed April twenty-fourth, eighteen hundred and sixty-six.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of "An act in relation to draining certain lands in the town of Fishkill, in the county of Dutchess," passed April twenty-fourth, eighteen hundred and sixty-six, is hereby amended so as to read as follows:

1. Jacob G. Van Wyck and Charles Dubois, of the town of Fishkill, and Nicholas H. Stripple, of the town of East Fishkill, in the county of Dutchess, are hereby appointed commissioners for the purpose of opening, enlarging and straightening the drain situated in the town of Fishkill, to wit: commencing at a bridge on the highway leading from Fishkill village to Fishkill on the Hudson, near the residence of William M. Baxter, thence running northerly through the lands of Sylvester and Edward Southard, C. C. Rogers, Andrew Bryson, Charles A. Jackson, Milo J. Whiton, Mrs. H. M. Oppie, James A. Hall, E. M. Scofield, J. E. Cotheal, James B. Brinckerhoff, Morgan Enrigh, and others, to an oak tree on the line dividing the lands of James B. Brinckerhoff and Morgan Enrigh. The said ditch is for the purpose of draining the lands aforesaid and the land contiguous thereto.

S 2. Section five of said act is hereby amended so as to read as follows:

5. The said commissioners shall have power to gineer, etc. employ a surveyor and engineer, and shall cause an accurate survey and map of the lands aforesaid to be made, and shall cut the necessary ditch of sufficient depth and width to drain the land aforesaid properly; and shall, when they deem best, remove the dirt thrown from said ditch from the banks thereof, by

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