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to raise mo

$3. The board of supervisors of the said county are Supervisors hereby directed, at their annual meeting, in each of the bey by tax years one thousand eight hundred and thirty-six, one thousand eight hundred and thirty-seven, and one thousand eight hundred and thirty-eight, to cause to be levied and collected, from the taxable inhabitants of the said county, the sum of two thousand and five hundred dollars, over and above the expenses of collection, and in the year one thousand eight hundred and thirty-nine, the sum of one thousand and five hundred dollars, over and above the expenses of collection; which said several sums of money, when collected, shall be paid to the said commissioners, or any two of them, on their giving to the treasurer of the said county their receipt for the same, and shall be expended in and about the erection and completion of the said court-house.

signate place

court.

$4. Whenever in the opinion of the judges of the court Judges to deof common pleas of the said county, or a majority of of holding them, the present court-house of said county shall have become untenantable for the purpose of holding courts therein, the said judges shall designate, and from time to time may designate, such other place in the village of Auburn, for the purpose of holding courts as they may think proper; and on a rule of the court being made for that purpose, such other place shall become from that time, for all legal purposes, the court-house of the said county, until the judges of the said court of common pleas shall, by a like rule, declare that the new court-house of the said county is completed; and from and after the making of such last mentioned rule, the said court-house to be erected, shall be the court-house of said county. But nothing herein contained shall be construed to invalidate notices posted at the present court-house, or at any other place to be designated as aforesaid, previous to such rule of the court for changing the place of holding courts being made.

may loan mo

missioners.

$5. From and after the first day of April, one thousand Comptroller eight hundred and thirty-six, it shall be lawful for the ney to com comptroller of this state, on the application of the said commissioners, or a majority of them, to loan to the said county of Cayuga the sum of nine thonsand dollars, being the aggregate of the sums hereinbefore directed to be raised, out of the capital of the common school fund, payable in instalments of two thousand and five hundred dollars per annum, with interest at the rate of six per centum per annum, for the purpose of building and completing the said court-house, in which case, the sum so loaned shall be paid to the said commissioners, or any two of them, and shall be charged to the said county in the books

Money when

ed.

of the comptroller; and the board of supervisors of said county shall cause to be levied in addition to the sums herein before directed to be levied, annually, a sum sufficient to pay the interest of the said sum so to be loaned; and it shall be the duty of the treasurer of the said county to pay the said sums of money herein before directed to be levied and collected, together with the interest thereof, into the treasury of this state, instead of paying the same to the said commissioners. It shall be lawful for the comptroller to make such loan at any time previous to the said first day of April, one thousand eight hundred and thirtysix, if the said commissioners shall produce to him a certified copy of a resolution of the board of supervisors directing such loan so to be made, and in that case, the supervisors of said county shall in each year cause the annual interest thereon to be levied, collected and paid.

S6. The said commissioners shall not proceed to exto be expend-pend any monies in and about erecting such new courthouse prior to the first day of April, one thousand eight hundred and thirty-six, unless such resolution shall be made by the said board of supervisors, as is mentioned in the fifth section of this act.

Pay of com.

$ 7. The said commissioners shall be entitled to receive missioners. the sum of two dollars each, for each day actually employed in the performance of their duty as such commissioners.

CHAP. 42.

AN ACT extending the time for the collection of taxes in the town of Brooklyn, in the county of Kings.

Passed March 20, 1834.

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

S 1. If the collectors of taxes of the town of Brooklyn shall renew their security in such manner as the supervisor of said town shall reasonably require, the time for the collection and making return of taxes of said town shall be extended to the first day of May next.

$ 2. This act shall take effect immediately on the passage thereof.

CHAP. 43.

AN ACT to amend the act entitled "An act to incorporate the village of Ithaca," passed April 2, 1821, and the several acts amending the same.

Passed March 20, 1834.

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

to be

$1. On the second Tuesday of April next, and on the Seven trusfirst Tuesday of March in each year thereafter, the free-lected. holders and inhabitants of the village of Ithaca, who are qualified to vote at town-meetings, may elect seven trustees, who are to be qualified in the manner, and, when chosen, shall possess the several powers and rights now vested in the trustees of the said village.

sessors.

$ 2. It shall be the duty of the assessors of the said vil- Duty of as lage, whenever they have completed the assessment of any tax, according to the provisions of any act authorizing such assessment, to file a copy of their assessment roll with the clerk of the said village for public inspection, and also to post a notice that such assessment roll has been so filed, in three public places of said village. which shall be deemed sufficient notice to all persons interested; and any person considering himself aggrieved by any such assessments may appeal therefrom, according to the provisions of the act incorporating said village, at any time within twenty days after filing such assessment roll, and posting such notice, as above provided.

pealed.

S3. The fourth section of the act entitled "An act to Section re incorporate the village of Ithaca," passed April 2, 1821, and any provisions of the said act, or of any act amending the same, inconsistent with the first section of this act, are hereby repealed.

how to be

$ 4. The trustees of the said village are hereby autho- Buildings rized to prohibit the erection of wooden buildings within oreeted. one hundred feet of Owego-street, between Aurora and Cayuga-streets of said village, and to impose a penalty not to exceed five hundred dollars for the violation of any ordinance they may make prohibiting such erections, to be collected by an action of debt in the name of the said trustees, to the use of said village, in any court having cognizance thereof.

$5. This act shall take effect immediately on the pas- Act to take sage thereof.

effect.

Company may con

struct canals & tunnels.

Repairs.

How to be

constructed.

Power of the canal com missioners.

CHAP. 44.

AN ACT for the relief of the Cohoes company.
Passed March 20, 1834.

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

S 1. The Cohoes company are authorized to construct such canals on their own lands, and to make such tunnels under the Erie canal, as shall not be injurious or dangerous to the canals of the state or the navigation on them; but such canals and tunnels of said company shall be located at such places, and be constructed in such manner, as the canal commissioners shall designate and direct; and upon such terms, conditions and limitations as in their opinion shall be necessary for the security of the canals of the state and the navigation on them.

$ 2. The canals and tunnels of said company, and all works connected with them, shall from time to time be repaired and improved at the expense of the company, in such manner as the canal commissioners may direct, and as may in their opinion be necessary for the security and preservation of the state canals and the navigation on them.

$ 3. The canals and tunnels of said company and the works connected with them, shall at all times be so far under the control and direction of the canal commissioners, or the superintendents of repairs, as shall, in the opinion of the said commissioners or the legislature, be necessary and proper for the preservation, security, use or repairs of the Erie and Champlain canal, or either of them.

S4. If at any time the canal commissioners shall, in the execution of the powers granted by this act, order or direct any repairs or improvement of the canals and tunnels of the said company, or either of them, or the works which may be connected therewith, and the said company shall, in the opinion of the canal commissioners, neglect to make the same, then the said commissioners shall have power to order and make such repair and improvement, and adjudge and determine the expense and cost thereof; or if at any time the Erie and Champlain canal, or either of them, or the navigation thereof, shall in the opinion of the canal commissioners sustain any injury or damage, from or by reason of the canals or tunnels of the said company, or either of them, or any works connected therewith, the said commissioners shall have power to adjudge and determine the amount of such injury or da

mage; and the cost and expense of such repair or improvement, and the amount of such damage or injury, so ascertained and determined by the said canal commissioners, shall, from the passage of this act, be a lien and incumbrance on the lands and canals of the said company, and on all mills and machinery which may be operated by waters from the canals of the said company, to be enforced in like manner as mortgages of real estate may be enforced, and shall also be deemed a tax on the same canals, lands and other property, to be enforced and collected in such manner as the legislature shall provide by law..

from pond.

$5. Whenever, in the opinion of the canal commis- water may sioners or of the legislature, it may be necessary to take be taken from the company's pond or works any of the waters of the Mohawk river, the same may be taken for the use of the Erie and Champlain canal, or either of them, at such points and in such manner as the said commissioners or the legislature shall deem proper.

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$6. The legislature may at any time alter, modify or Right to rerepeal this act.

$7. This act shall take effect immediately.

СНАР. 45.

AN ACT to repeal "An act to appoint commissioners to lay out a road from German Flats, in the county of Herkimer, to Fort-Plain in the county of Montgomery," passed April 26, 1831.

Passed March 21, 1834.

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

$1. The act entitled "An act to appoint commissioners to lay out a road from German Flats, in the county of Herkimer, to Fort-Plain in the county of Montgomery," passed April 26, 1831, is hereby repealed.

peal.

Act to take effect.

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