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year thereafter; during which time such lot may be redeemed from such sale on behalf of the owner, by the payment to the village treasurer of the amount for which the lot was sold, with interest at the rate of fifteen per cent per annum.' § 2. This act shall take effect immediately.

'CHAP. 318.

AN ACT authorizing the canal commissioners to build a bridge over the Erie canal, at Alexander street, in the city of Rochester.

Passed October 18, 1847, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Rochester

§1. The canal commissioners are hereby authorized to Bridge in construct and maintain a bridge over the Erie canal at Al- city. exander street, in the city of Rochester, provided the canal board are of opinion that such bridge should be so constructed and maintained by the state; the expense thereof to be paid from moneys appropriated to the ordinary repairs of the canals.

2. This act shall take effect immediately..

CHAP. 319.

AN ACT authorizing the supervisors of Cattaraugus county to sell their poor-house farm.

Passed October 20, 1847.

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

lands may

§ 1. The board of supervisors of the county of Catta- Poor-house raugus are authorized to sell and convey by deed under the be sold. hands and seals of their chairman and clerk, the lands be

longing to the poor-house establishment of said county; the proceeds of said sale shall be a fund, under the care and control of said board, for the support of the poor of said county, and for the purchase of another site and the erection of suitable buildings for a poor-house thereon.

§ 2. The said board of supervisors may purchase a new site for their county poor-house, not exceeding two hundred acres, and erect all necessary buildings thereon, for the use

New site

may be

yet, pur

Courts reduced to two.

way may be

ed.

and accommodation of the poor of said county, but no sale or purchase under this act shall be valid without the approval of three-fourths of the members of said board of supervisors.

§ 3. This act shall take effect immediately.

CHAP. 320.

AN ACT to amend the act entitled "An act to establish a
Recorder's Court in the city of Utica," passed May 7,

1844.

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

§ 1. From and after the first day of January next, the number of courts provided for in the second and third sections of the act entitled "An act to establish a Recorder's Court in the city of Utica," passed May 7, 1844, shall be reduced to two, and said two courts shall be held on the fourth Monday of January and July in each year.

CHAP. 321.

AN ACT to authorize the commissioners of highways of the town of Farmington, to discontinue part of the state road passing through said town.

Passed October 20, 1847, " three fifths being present."

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

Part of high- § 1. The commissioners of highways of the town of Fardiscontinu- mington, in the county of Ontario, are hereby authorized to discontinue and annul all that part of the public highway, in said town, laid out and established by Nathan Barlow, Stimson Harvey, and Thomas Rodgers, commissioners appointed for that purpose in and by the act entitled "An act to appoint commissioners to lay or alter a road between Canandaigua in the county of Ontario, and Palmyra, in the county of Wayne," passed April 13th, 1826; which lies between the four corners near the house of Robert McKnutt and the five corners near the house of Morris Rushmore, in said town.

entered if

§ 2. In case the commissioners of highways of the said Order to be town shall at any time hereafter determine to discontinue or discontinuannul that part of the said public highway described in the ed. first section of this act, they shall in due form make and enter upon the records of highways of said town, an order for that purpose, and shall give notice of the making and entry of such order, for the length of time and in the manner prescribed by law for the discontinuance of highways through improved lands; and any person deeming himself aggrieved by such determination of the said commissioners of highways shall have the right to appeal therefrom to the officer or officers to whom such appeal may, by law, be made at the time of such determination, in the same manner and with the like proceedings and effect as appeals from other orders of the commissioners of highways may or shall be required to be made.

pied by road

to be execu

be made or

leases are

§ 3. Before any order or determination to discontinue or Land occuannul such highway shall become valid or take effect, the to be sold land occupied by the same shall be sold by the commission- and releases ers of highways of said town, who are hereby, upon such ted. sale authorized to execute and deliver to the purchaser or purchasers thereof, good and valid releases of all legal and equitable right or title now possessed therein by the people of the state of New-York, or by the said town of Farmington, or county of Ontario, for the use and purpose of said highway. Such sale shall be made to the persons through whose lands the said highway passes, for the fair and reasonable value of the public rights and interest therein; but Payment to no such sale shall take effect, nor shall the said commission- security giv ers of highways be authorized to execute any such release en before reuntil the payment therefor shall be made to said commmis- executed. sioners, or safely secured to be made to them or their successors in office, within one year from the time of such sale. In case the owners of the lands through which said highway passes, or either of them, shall not be willing to pay the amount which may be required by the said commissioners for such release, then the said commissioners shall select one disinterested freeholder residing in an adjoining town and not akin to such owner or owners, and such owner or owners shall in like manner select one disinterested freeholder residing in an adjoining town, and not akin to said owner or owners, and the two freeholders so chosen shall select a third disinterested freeholder residing in an adjoining town, and the three freeholders so chosen, shall upon a view of the premises, fix and determine in writing, the amount to be paid by such owner or owners for such release; and shall deliver the same to the said commissioners of highways, who shall forthwith notify such owner or owners of the same, and of

1

Commissioners required to pay over

moneys.

Certain offi

ce abolish

ty.

CHAP. 326.

AN ACT to amend an act entitled "An act to amend an act in relation to highways in the counties of Herkimer, Fulton and Hamilton," passed May 4, 1847.

Passed October 22, 1847.

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

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§ 1. The road commissioners in the several towns in the county of Hamilton, appointed under the act of April 18th, 1843, and whose office was abolished by the act of May 4th, 1847, are hereby required to pay over all moneys received by them for the purposes of constructing roads and bridges in the several towns in said county and not appropriated for that object, to the commissioners of highways in their respective towns within thirty days from and after the passage of this act.

§2. The office of road commissioners created by an act ed as to Her- entitled "An act in relation to highways in the counties of kimer coun- Hamilton, Herkimer and Fulton," passed April 18, 1843, is hereby abolished, so far as the same is applicable to the county of Herkimer, and it shall be the duty of those commissioners, whose office is abolished by this section, to pay over all moneys in their hands to the highway commissioners of the several towns of said county entitled to the same, within thirty days after the passage of this act. §3. This act shall take effect immediately.

Stock increased.

CHAP, 327,

AN ACT to increase the capital stock of the Eddyville
Bridge Company.

Passed October 22, 1847.

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

§ 1. The capital stock of the Eddyville Bridge Company shall be increased from the sum of five thousand dollars to the sum of seven thousand five hundred dollars; and such increase to be divided in shares of ten dollars each.

§ 2. The Legislature may at any time alter, amend or re-. peal this act.

§ 3. This act shall take effect immediately.

CHAP 328.

AN ACT to amend title first, chapter one, part fourth of the Revised Statutes, entitled "An act concerning crimes and their punishment.”

Passed October 22, 1847.

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

§ 1. Section thirteen of title first, chapter first of part fourth of the Revised Statutes, is so amended as to read as follows:

sent to gov.

The presiding judge of the court at which such conviction Notes of tes shall have taken place, shall immediately thereupon transmit timony to be to the governor of this state by mail, a statement of such ernor. conviction and sentence with the notes of testimony taken by such judge on the trial.

§ 2. Section fourteen of the same title is so amended as to read as follows:

vernor.

The governor shall be authorize to require the opinion Duty of goof the judges of the court of appeals, justices of the supreme court and of the attorney general, or of any of them upon any statement so furnished.

§ 3. Section sixteen of the same title, is so amended as to read as follows:

in cases of

If after any convict shall have been sentenced to the pun- Provisions ishment of death, he shall become insane, the sheriff of the insanity. county with the concurrence of a justice of the supreme court, or if he be absent from the county, with the concurrence of the county judge of the county in which the conviction was had, may summon a jury of twelve electors to inquire into such insanity, and shall give immediate notice thereof to the district attorney of the county.

CHAP. 329.

AN ACT to amend "An act relating to courts held by justices of the peace," passed April 18th, 1838.

Passed October 22, 1847.

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

§ 1. The third section of the act passed April 18, 1838, entitled "An act to amend articles eight and thirteen of title four, chapter two, part third of the Revised Statutes, re

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