Sureties to assent. Act when to take effect. said taxes, and the like compensation, and shall be subject to the same duties and penalties, as if the warrant delivered to the said collector by the supervisors of the county of Schenectady, did not expire until the said fifteenth day of March. $ 2. This act shall not be in force, unless the sureties of the said collector shall file their written assent to its provisions, with the clerk of the said city of Schenectady. $3. In case such assent is filed, then this act shall take effect from and immediately after the filing of the said assent. Company may resume business. CHAP. 31. AN ACT to authorise the Hudson Tow-Boat Company to resume and continue their limited partnership. Passed February 12, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The limited partnership heretofore established in the and transact city of Hudson in the county of Columbia, under the name and firm of "The Hudson Tow-Boat Company," is hereby authorised and empowered to resume and transact the business for which it was originally constituted, as a limited partnership, until the first day of February, eighteen hundred and thirtyone, subject to the provisions of the Revised Statutes of this state relative to limited partnership, except as is hereinafter excepted. Affidavit to be filed in clerk's office. May proceed to transact business. This act when to take effcct. $2. Instead of the requirements contained in section eleventh of title first of chapter fourth of part second of the said Revised Statutes, it shall be sufficient for the agent of said company, within ten days after the passage of this act, to file with the clerk of the county of Columbia, an affidavit, duly taken and acknowledged according to the aforesaid title of the Revised Statutes, setting forth that no part of the original capital of said company has been withdrawn, and that no dividend has been made among any of the partners of said company. S3. Upon filing the aforesaid affidavit, the said company may proceed to transact business, in like manner as if the eleventh section of the aforesaid title had been complied with. $ 4. This act shall take effect, and go into operation imme diately after its passage. CHAP. 32. AN ACT to change the Name of the Buffalo High School Passed February 12, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The Buffalo high school association, incorporated by an act entitled "An act to incorporate the stockholders of the Buffalo high school association," passed April 17th, 1827, shall hereafter be known by the name of "The Buffalo Literary and Scientific Academy." S2. This act is hereby declared to be a public act. CHAP. 33. AN ACT to incorporate the Rochester Athenæum. Passed February 12, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: created. $1. All persons who now are or hereafter may become Corporation members of the Rochester Athenæum, in pursuance of the constitution thereof as now established, or as it may hereafter be altered and amended, are hereby constituted a body corporate, by the name of "The Rochester Athenæum," for the purpose of cultivating and promoting literature, science and the arts, with the right and power to take, hold and convey real estate, to an amount not exceeding in value, exclusive of improvements thereon, the sum of twenty thousand dollars; and also any goods, chattels, personal property, library, cabinets, philosophical or other apparatus, that may be necessary for attaining the objects and carrying into effect the purposes of the said incorporation: which said real and personal estate, however invested, shall be deemed personal property, and be transferable as such. cerns. S2. The management of the concerns and the control and Directors to disposal of the funds and the real and personal estate of the manage con said corporation shall be vested in a board of seventeen directors, chosen in conformity with the constitution and bylaws of the said institution as they are now established, or may hereafter be altered or amended: and Nathaniel Rochester, Charles Perkins, Simeon Ford, William James, Jonathan Childs, James Seymour, Nathaniel T. Rochester, Levi A. Ward, Levi Ward, junior, Joseph Penney, Everard Peck, Property and funds how applied. Public act. General powers. Act when to take effect. Elisha Johnson, Rufus Beach, Abelard Reynolds, William $ 3. The estate, property and funds of the said corporation shall be held for, and devoted solely to purposes of literature, science and the arts, and while so held and devoted shall be exempt and free from all state, county, town or village taxes and assessments whatsoever. S 4. This act is hereby declared to be a public act, and shall in all courts and places be construed benignly and favorably for every beneficial purpose therein intended; and no misnomer or misdescription of the said corporation, in any will, deed, gift, grant, demise or other instrument of contract or conveyance shall vitiate or defeat the same; but every such will, deed, gift, grant, demise or other instrument of contract or conveyance, shall take effect in like manner as if the said corporation were rightly named therein, provided it be suffi-ciently described to ascertain the intent of the parties. $5. The said corporation shall possess the general powers, and be subject to the liabilities and provisions contained in title third of chapter eighteen of the first part of the Revised Statutes. $ 6. This act shall commence and take effect from the passage thereof. Comptroller to receive as СНАР. 34. AN ACT concerning the Debt due the State from the President, Managers and Company of the Delaware and Hudson Canal Company. Passed February 12, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The comptroller is hereby authorised to receive for the signments of benefit of this state, assignments of all contracts which now are or hereafter may be made and executed to the said president, managers and company of the Delaware and Hudson canal company, upon the sale of any portion of their real estate not required for the purpose of carrying on the business contemplated by their act of incorporation, and the act heretofore passed amending the same; and the said president, managers and company, or the purchasers of such real estate, may pay into the treasury of this state, the consideration monies now or hereafter to become due on such contracts of sale. from mort. S2. Whenever the amount of the consideration money for Discharge any parcel of real estate shall be fully paid into the treasury, frog. the comptroller is hereby authorised, by a proper instrument for that purpose, to release and discharge such parcel of real estate from the mortgages heretofore executed by the said president, managers and company, to the people of this state; but no real estate or lands necessary or convenient to the prosecution of the business of the said company, shall be so released. S3. Whenever the said president, managers and company, Certificates shall produce and deliver to the comptroller, certificates of stock heretofore issued by this state to the said president, managers and company, to an amount not less than five thousand dollars, the comptroller may, if he thinks proper, cancel the same; and shall, in that case, cause to be refunded to the said president, managers and company, the money so paid by them, or such purchasers, into the treasury, to an amount not exceeding the stock so cancelled. of stock. S 4. But the comptroller shall not release or discharge any Price of land. such parcel of land or real estate, unless the same was sold at a price not below the minimum price thereof, established by the appraisement directed to be made by the sixth section of this act; nor until the whole amount of the consideration money of such parcel of land or real estate so to be released and discharged, shall have been actually paid into the treasury as aforesaid. treasury. S 5. The said president, managers and company, shall have Deposits in no claim or demand whatever upon the people of this state, or the treasury thereof, for the use of any money paid into the said treasury by virtue of this act; and no other person or persons whatever shall have any such claim or demand, by reason of any such payment. to be ap $6. The commissioners of the land-office, on the request Lands how and at the expense of the said president, managers and com- praised. pany, or whenever and as often as the said commissioners shall deem necessary, shall cause the lots or pieces of land or real estate intended to be sold by said company, to be appraised, and a certificate of such appraisement, with a survey and plan of said lots, to be filed in the office of the surveyor-general; which said appraisement shall constitute the minimum price, below which the said lots or pieces of land or real estate shall not be sold, so long as the liens of the state thereon shall continue to exist. CHAP. 35. AN ACT regulating the Pay of the Guard of the State Passed February 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. So much of the sixth subdivision of the fifty-third section of article first, title second of chapter third of the fourth part of the Revised Statutes, as relates to the pay of the guard of the state prison at Mount-Pleasant, is hereby repealed; and in lieu thereof, the guard of said state prison shall receive the same pay now received by the guard of the state prison at Auburn, and the same shall commence from the first day of January last. Proceedings confirmed. ath of office CHAP. 36. AN ACT confirming the Proceedings of Justices of the Passed February 17, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : $1. All proceedings which have been or shall be had before any person heretofore duly elected a justice of the peace, or heretofore appointed a commissioner of deeds, in any town of this state, who may have, first, either taken the oath of office before a commissioner of deeds, judge of the county court, or supreme court commissioner; or, second, shall have neglected to take the oath of office required by the constitution and laws of this state, shall be held and adjudged to be of the same force, effect and validity, as if such oath had been taken pursuant to the constitution and laws of this state; and all liabilities and forfeitures incurred by any such justice or commissioner of deeds, for not having taken such oath, or for not having taken the same before the proper officer, are hereby remitted. $2. If such justice or commissioner shall neglect to take the oath required by law on or before the first day of April next, he shall thenceforth become liable to the forfeiture, and be lia |