upon, the map made by Captain Bond, in the year seventeen hundred and eleven, and on file in the town clerk's office in the town of New Rochelle, and as laid down on a copy of the said map made by James Davenport, in seventeen hundred and ninety-eight, and now on file in the office of the State Engineer and Surveyor. § 2. This act shall take effect immediately. Chap. 783. AN ACT to enable the trustees of the Episcopal Fund of the Diocese of Albany to obtain an equitable portion of the Episcopal fund of the Diocese of New York. PASSED May 12, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The trusteees of the Episcopal fund of the Diocese of Albany are hereby authorized to institute legal proceedings in the Supreme Court of this State against the trustees of the Episcopal fund of the Diocese of New York, to ascertain and establish the amount equitably due from the Episcopal fund of the Diocese of New York to the Episcopal fund of the Diocese of Albany, at the date of the late division of the Diocese of New York and of the erection of the Diocese of Albany, and to collect and enforce payment of the amount so ascertained and established by process of law. And, upon such legal proceedings to ascertain and establish such amount, the court or other officer of the law shall proceed upon, and be governed by, equitable principles in determining the rights of the parties, after a full, fair and equitable accounting, and an impartial hearing and consideration of all the facts connected with the division and erection aforesaid, and the amount so ascertained and established shall be a charge upon, and paid or collected out of, the Episcopal fund of the Diocese of New York. § 2. This act shall take effect immediately. Corporators. Corporate name and business location. Objects of bureau. Real and personal estate of corporation. Trustees. Business quorum. General provisions Chap. 784. AN ACT to incorporate "The American Literary PASSED May 13, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. James K. Medbery, S. Humphreys Gurteen, William E. Payson, their associates and successors, are hereby constituted a body corporate by the name of "The American Literary Bureau," to be located in the city of New York, for the purpose of promoting instruction in all departments of learning by means of lecturing, for increasing the facilities by which such lectures may be given through the agency of the said "The American Literary Bureau," effecting engagements for lecturers and providing literary associations, lyceums, academies and schools with lectures, or courses of lectures, as may be desired or agreed upon, and further publication of matter relating thereto. § 2. The said corporation may hold real and personal estate to the amount of one hundred thousand dollars, and the funds and properties thereof shall not be used for any other purposes than those declared in the first section of this aet. § 3. The said James K. Medbery, S. Humphreys Gurteen and William E. Payson are hereby appointed trustees of said incorporation with power to fill vacancies in the board. No less than three shall constitute a quorum for the transaction of business. 84. The corporation shall possess the powers, and be applicable. subject to the provisions, of chapter eighteen of part one of the Revised Statutes, so far as applicable. § 5. This act shall take effect immediately. Chap. 785. AN ACT authorizing the common council of the city of Buffalo, to lay out a public ground for the purpose of protecting the city of Buffalo, and its harbor from the encroachment of lake Erie. PASSED May 14, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: council, to city and extent council, for. for taking SECTION 1. The common council of the city of Buffalo, Common may lay out, make, and open a public ground in lay out and said city, along the shore or margin of lake Erie, for the make pubpurpose of protecting the said city or its harbor from the to protect' encroachment of lake Erie; such public ground may be harbor. of such width, and may extend for such distance along width and the shore or margin of said lake, within said city, as said thereof. common council shall deem expedient. For the purpose Common of laying out and opening said public ground, the said may take common council is hereby authorized to take and appro- lands therepriate such lands, within said city, as in the opinion of said common council it may be necessary to take and appropriate for the purpose of protecting the said city and harbor from the encroachment of said lake. The said Proceedings lands shall be taken and appropriated in the same manner lands. as is now provided by title eight of an act entitled "An act to revise the charter of the city of Buffalo, and to enlarge its boundaries," passed April thirteenth, eighteen hundred and fifty-three, and the several acts amendatory thereof, for the taking of land for laying out streets and highways in said city. And all the provisions of the said title for the taking of lands, for ascertaining the compensation to be paid to the owners thereof, for the making of an assessment to pay such compensation, and for the payment of such compensation, and all other provisions of the said title, so far as the same shall be applicable thereto, shall apply to the provisions for the taking of any land for said public ground by virtue hereof; and the said land so authorized to be taken, under the provisions of this act, shall be taken and appropriated in the same man- Lands, how ner, in all respects, as if said proceedings were had under approprisaid title of said act for laying out and opening a street or ated. Fee of lands, to upon payment or tender of award. sea wall or highway in said city. Upon payment or tender of the comvest in city, pensation awarded to the owner or owners of any land so taken and appropriated, as provided in said title, the fee thereof shall vest in the said city of Buffalo, for the purposes aforesaid, and thenceforth the said lands shall be and remain a public ground for the purposes of protecting the harbor of said city, and the lands adjacent thereto, Erection of from the encroachment of said lake; and the said common breakwater. council may at any time thereafter erect and maintain thereon, or on any part thereof, a sea wall or breakwater. But nothing in this act contained shall prevent the said untary con- city of Buffalo from acquiring title to any land, for the purpose aforesaid, by voluntary conveyance from the owner or owners thereof. And in case any such land shall be so conveyed, the said city is hereby authorized and empowered to take and hold the same, for the purpose aforesaid, and the said land so conveyed shall then and there be and remain a public ground for such purpose, in the same manner as if it was taken and appropriated under and by virtue of the proceedings herein before authorized. City, may accept vol veyances of lands. Control of lands by common council. right to occupy such lands, for breakwater. § 2. When title to any such land shall have been obtained by said city for the purpose aforesaid, either by the proceedings authorized by the aforesaid section, or by voluntary conveyance as therein also authorized, the said land shall be subject to the control of the common council of said city, as one of the public grounds thereof, except so far as said control may be hereafter ceded to the United May grant States; and it shall be lawful for said common council, at to United States, the any time after title to said lands shall have been acquired as aforesaid, to grant to the United States, in and on behalf of the city of Buffalo, the right to occupy and possess said lands, or any part thereof, as a public ground for the purpose of erecting and maintaining thereon a sea wall or breakwater, extending along the shore of lake Erie, to protect the harbor of said city, and at any time after acquiring title as aforesaid to any such land, the said common council may direct a deed or deeds of conveyance to be made and executed in the name and under the corporate seal of said city, granting and conveying to the United States the said lands, or any part thereof, for the purpose of erecting and maintaining thereon a sea wall Conditions or breakwater for the purpose aforesaid, which deed or deeds shall express the purpose of its or their execution, and shall be upon condition, to be expressed therein, that the said United States shall maintain and keep in repair May exe cute deed to United States therefor. to be named in deed. on said lands the said sea wall or breakwater. The execu- Deed to vest condi tion and delivery of such deed or deeds shall vest in the tional title United States the title of the land conveyed for the in United pur- States. pose and subject to the condition aforesaid. from lands, removal without § 3. After the taking and appropriating or conveyance Use of sand of any land, for the purpose aforesaid, as provided in the gravel, etc. said section, no person shall remove or cause to be re- regulated. moved from said land, or any part thereof, any earth, sand or gravel, unless the same shall be removed in and about the erecting, repairing or protecting any sea wall or breakwater on said land, and by the authority or permission of the common council of the city of Buffalo; or in case said land shall have been conveyed to the United States, as provided in section two, by the authority or permission of some duly authorized officer or agent of the United States, in charge of any sea wall or breakwater erected on such lands. And any person who shall take or remove, Penalty for or assist in taking or removing, or cause or procure to be thereof, taken or removed from said land after the same shall authority. have been taken and appropriated or conveyed as aforesaid, any earth, sand or gravel, except as above provided, and any person who after said time shall make any excavation on said land so near to any sea wall or breakwater thereon as to impair or injuriously affect the said sea wall or breakwater, or any part thereof, without the permission or authority above mentioned, and any person who, without such permission or authority, shall after said time wilfully tear down or remove, or cause to be forn down or removed, any portion of any sea wall or breakwater thereon, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding three months, or by a fine not exceeding two hundred and fifty dollars. not to be acquired. $ 4. No dwelling-house, warehouse, shop, barn, shed or Buildings other building shall be erected upon, moved on to, or per- erected mitted to remain upon, any land which may be taken or upon lands appropriated as provided for in the first section of this act, after the said land shall have been taken and appropriated or conveyed, as in said section provided, and in Removal of case any such dwelling-house or other building shall be so buildings. erected upon, moved on to, or permitted to remain on, said land, the said common council may order the same to be removed from such land, and may cause notice Notice to of such order to be served on the owner or occupant of cere such building, personally, or by leaving such notice at the moval. existing to make re |