CHAP. XXXIII. AN ACT relative to certain Highways in the Town of Gates, in the County of Monroe. Passed February 8, 1823. BE it enacted by the People of the State of New-York, re- Power of com presented in Senate and Assembly, That it shall and may be law-missioners of ful for the commissioners of highways of the town of Gates, in the highways county of Monroe, to lay out any public roads within the village of Rochester. in said town, not less than fifty feet wide, any thing in the act entitled "An act to regulate highways," to the contrary, in any wise notwithstanding, subject, in all other respects, to the provisions of said act. CHAP. XXXIV. AN ACT to divide the Town of Hartland, in the County of Niagara. Passed February 8, 1823. Town of So I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the se- merset erect cond Monday in February next, all that part of the town of Hart- ed land, lying north of the line between townships number fifteen and sixteen, in the fifth range of townships of the Holland Land Company's purchase, and continuing the same line in a direct course between townships fifteen and sixteen, in the sixth range of said townships, to the boundary line of the town of Hartland, be erected into a separate town, by the name of Somerset ; and the first town meeting shall be held at the house of Silas Mead, in said town, on the first Tuesday in April next: and all the remaining part of said town, shall be and remain a separate town, by the name of Hartland, and the first town meeting shall be held at the place to which it now stands adjourned. vided 11. And be it further enacted, That as soon as may be after Money and the first Tuesday in April next, the supervisors and overseers of poor to be di the poor of the aforesaid towns, shall, by notice to be given for that purpose by the supervisors thereof, meet together and apportion the poor maintained by the said town of Hartland, and the money belonging to the same previous to the division thereof, agreeably to the last tax list, and that each town shall forever thereafter support. its own poor. town 11. And be it further enacted, That the supervisors of Niagara Justices of the county, shall be, and are hereby authorised, in conjunction with peace in the the judges of the county courts of said county, to meet on the first day of May next, to nominate and appoint four justices of the peace, for each of the said towns of Hartland and Somerset, in the manner provided by the third section of the act, entitled “An act regulating the time and manner of electing general state officers, justices of the peace, and prescribing the number of coroners to be elected in each county by the people," passed April 12, 1822, Preamble ral Appraisers, when to meet, CHAP. XXXV. AN ACT confirming to the County of Oswego, the Title to certain Lands, therein mentioned. Passed February 10, 1823. WHEREAS the surveyor-general did, on the twenty-sixth day of September, one thousand eight hundred and fifteen, sell at public auction, in the city of Albany, lot number ninety-two, in block number one hundred and one, in the village of East Oswego, in the county of Oswego, to Edmund Hawks; and lot number ninetyone, in block number one hundred and one, to Theopilus S. Morgan; and lot number ninety-three, in block number one hundred and one, to Richard Goodell, And whereas the said Edmund Hawks did, subsequently and previously to the fifteenth day of April, one thousand eight hundred and seventeen, assign and transfer all his right and interest in and to lot number ninety-two, to the said Theopilus S. Morgan. And whereas the legislature of this state did, on the fifteenth day of April, one thousand eight hundred and seventeen, pass an act granting to the county of Oswego all of the aforesaid block number one hundred and one, for the purpose of erecting public buildings thereon: Therefore, Duty of sur I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the surveyor-general be, and he is hereby authorized and required, to appoint three suitable and proper persons, inhabitants of the county of Oswego, to appraise the value of said lots at the time they were granted to said county by virtue of the act aforesaid, and also to ascertain the amount of taxes paid on said lots since the same have been granted to the county of Oswego, and also all costs that have been paid to the attorney-general, in a suit brought by him on the bond of the said Edmund Hawks, subsequent to the transfer of his right and interest in lot number ninety-one, and subsequent to the passage of the act of fifteenth of April, one thousand eight hundred and seventeen, grauting the lots aforesaid to the county of Oswego. II. And be it further enacted, That the appraisers appointed and their pow by virtue of this act shall, on or before the first day of August next, meet at the village of East Oswego, and shall, on viewing the premises, ascertain and determine the value of the same on the fifteenth day of April, one thousand eight hundred and seventeen, and shall, under their hands and seals, certify their value at that time, particularly designating the value of lot number ninety-one and ninety-two, in block number one hundred and one, then owned by the said Theopilus S. Morgan, the amount of taxes by him paid thereon since the fifteenth day of April, one thousand eight hundred and seventeen, as near as the same can be ascertained, together with the amount of costs paid to the attorney-general by the said Theopilus S. Morgan, in a suit instituted on the bond of the said Edmund Hawks; and they shall in like manner certify, under their hands and seals, the value of lot number ninety-three, in block number one hundred and one, then owned by Richard Goodell, and also the amount of taxes by him paid thereon, since era the fifteenth day of April, one thousand eight hundred and seventeen, and shall, within thirty days thereafter, transmit the certificates by them made, to the surveyor-general, whose duty it shall be to file them in the office of the comptroller. III. And be it further enacted, That it shall be the duty of the Duty of the comptroller, and he is hereby authorised and required, to credit on Comptroller the bonds of the said Theopilus S. Morgan, the value of lots number ninety-one and ninety-two, together with all costs in the suit aforesaid, and taxes paid thereon, as the same shall be certified, according to this act, and also all the interest thereon, from the fifteenth day of April, one thousand eight hundred and seventeen; and it shall also be the duty of the comptroller, in like manner, to credit the said Richard Goodell with the value of lot number ninety-three, in block number one hundred and one, as the same shall be certified by the said appraisers, together with the interest thereon, from the said fifteenth day of April, one thousand eight hundred and seventeen: Provided, That the said Theopilus S. Provica Morgan, and Richard Goodell, shall first deliver to said comptroller, to be cancelled, the certificates of sales of said lots ninety-one and ninety-three, which were delivered to them by the surveyor general; and also, that the said Theopilus S. Morgan shall deliver to the comptroller, a certificate from the clerk of the board of su pervisors of said county, that the said Theopilus S. Morgan and his wife, have sold, transferred and assigned, to the said supervisors, all their right and title to the said lot ninety-two, and also certifying that he, the said clerk, is satisfied that said conveyance (ransfers a good title to said lot, free and clear from all incumbrances of every name and nature. CHAP. XXXVI. AN ACT to amend an act entitled “ An act relative to the City of Schenectady." Passed February 14, 1823. ised 1. BE it enacted by the People of the State of New-York, repre- Tax auther sented in Senate and Assembly, That from and after the passing of this act, the mayor, aldermen, and commonalty, of the city of Schenectady, shall be and they are hereby authorised and empowered to assess, levy, and collect a tax upon the freeholders and free male inhabitants of said city, for the purposes contemplated in and by the act hereby amended, in such manner, at such times, and to such an amount, as the said mayor, aldermen, and commonalty, in common council convened, shall deem expedient and proper; and that a warrant, issued for that purpose under the common seal of the city, shall have the like power and effect as if issued by the board of supervisors; and that the collectors in the several wards shall have the like power and authority in the collection of the said tax, as he has in the collection of any other tax: Provided, The total amount to be raised in any one year, shall Proviso not exceed what the assessment of highway work would have been at the rate of fifty cents for each day's assessment. Lands how taken and as tering, &c of streets II. And be it further enacted, That hereafter the said mayor, sessed for at aldermen, and commonalty, shall and may open and lay out public streets in the said city, of any width less than four rods; and that if, in the opinion of the common council, it shall be necessary to take any vacant ground or lots unoccupied, of any person, for the purpose of opening, widening, straightening, laying out, or altering any street or slip, and the common council shall require the same, they shall give notice thereof to the owner or parties interested therein, or to his or their agent or legal representative, and the said common council shall treat for such ground with such person; and if any such person shall refuse to treat for such ground, or the common council cannot agree for the same, it shall and may be lawful for the mayor or any two or more aldermen, by a precept under their hands and seals, to command the sheriff of the city and county of Schenectady to impannel and return, and he is hereby required to impannel and return a jury to appear before the court of common pleas of the county of Schenectady, at the next term thereafter, to inquire and assess the damages and recompence due to the owner or owners of such ground as aforesaid, at the same time to summon the owner or owners of such ground, or his or their agent or legal representative, by written notice, to be left at his, her, or their most usual place of abode, five days previous to their appearance, to appear before such court of common pleas, on the day and place in such precept to be specified; upon which venire the said sheriff shall summon twenty-four good and lawful men, freeholders of the city of Schenectady; which jury, being first duly sworn, faithfully and impartially to enquire into, and assess the damages in question, and having viewed the premises, (if necessary) shall enquire of, and assess such damages and recompence as they shall, under all the circumstances, judge fit to be awarded to the owner or owners of such ground for their respective losses, according to their several interests and estates therein; and the verdict of such jury, and the judgment of said court of common pleas, and the payment of the sum of money so awarded and adjudged to the owner or owners thereof, or tender and refusal thereof, shall be conclusive and binding against the said owner or owners, his and their respective heirs, executors, administrators and assigns, claiming any interest or estate of, in, or to the same ground; and it shall thereupon be lawful for the said mayor, aldermen, and commonalty, to cause the same ground to be converted to, and used for, the purposes aforesaid : Provided always, That if such owner or parties shall be unknown to the common council, to cause notice as aforesaid, of such intended appropriation, specifying therein the ground to be appropriated, to be published six weeks successively, in the newspaper printed by the printer to the state and after the expiration of such notice, to cause the damages to be assessed in manner aforesaid, without any other notice; and the sheriff, in serving the venire aforesaid, instead of summoning such owner or parties to appear, may serve a notice in writing, of the time and place of return in such venire, by affixing the same on some conspicuous part of the premises, at least eight days before such return, which service shall be deemed a sufficient summons; and it shall also be sufficient to state in the venire, that the premises belong to persons unknown: And pro Provizo viso vided further, That the common council may appropriate the Further pro premises aforesaid, in case of unknown, or non-resident owners or parties, before payment of the sum or sums assessed; and on such owner or owners, or either of them, applying to the said court of common pleas, and on proving the extent of his or their interest in the premises appropriated to the satisfaction of the said court, such court shall thereupon ascertain and determine the part or portion of the sum assessed to be paid to such owners and parties so applying respectively, and enter the same in their minutes, a copy of which entry, under the seal of the said court, and certified by the clerk, shall entitle the said owners or parties respectively, to the sum or sums so ascertained and determined; and in case of non-payment on demand, with interest, or in cases where the owners or parties shall be known and named in the venire, the said common council shall refuse or neglect, on demand, to pay the sum or sums assessed, with interest from the time of the judgment rendered upon such assessment, the said parties or either of them entitled to the same, may sue for and recover the same from the said mayor, aldermen, and commonalty, in an action of debt, on a mutuatus, together with such interest and cost, in any court having cognizance thereof; and the proceedings under the said venire and antecedent thereto, shall be conclusive evidence against the defendants: And provided further, That nothing herein con- further pre tained shall be construed to extend to the taking or appropriating, without the consent of the owners, any dwelling-house or houses, or the ground on which the same stands: And provided further, Further pro That any person who may feel himself aggrieved by such award or judgment, may appeal from such court of common pleas to the supreme court, if such appeal be made within three months. Ill. And be it further enacted, That where any known owner Proceedings or party residing in the said city, shall be an infant, without a guardian, and any proceedings shall be had under the preceding &c section, it shall be lawful for the said court of common pleas, upon application to them by the common council, or by such minor, to appoint a guardian for such infant, taking security from such guardian for the faithful execution of his trust, and every subsequent notice and summons under the said section, shall be made and served on such guardian, instead of such infant; but if such infant reside without the said city, or be unknown, then proceedings shall be in like manner as against absent or unknown owners under the preceding section, and with like effect. viso viso where parties are infants, Whereas by the existing charter of Union College, the chancel- Recital lor, the judges of the supreme court, the attorney, general, the secretary, the comptroller, the surveyor-general, and the treasurer, are ex officio, trustees thereof: And whereas, by reducing the number of the justices of the supreme court under the present constitution, the number of said trustees will be reduced: Therefore, W. Be it enacted, That the governor, and lieutenant governor, for Trustees of the time being, shall be added to the number of trustees, ex officio, lege already belonging thereunto; the trustees not ex officio, to be and remain the same in number as they at present exist in said board : and vacancies hereafter occurring therein, to be filled in the same Union Col |