including the first day of January, one thousand eight hundred and forty-nine, and until others shall be chosen in their places. The said trustees may be divided into classes and may consist of such members, and be elected at such times. and places, and in such manner as shall be provided by the by-laws of said association. when elee. §3. It shall be the duty of the trustees to meet at the city officers hall in the city of New-York, or a majority of them, within how and thirty days after the passage of this act, and elect by ballot a ted president and vice-president, a treasurer and secretary of the association, who shall hold their offices respectively until the first day of January, one thousand eight hundred and fortynine and until others shall be chosen in their places. Five of the trustees at a meeting duly notified, shall be a quorum for the transaction of business; vacancies occasioned by death, resignation or otherwise of the trustees named in this act, may be filled by the board. to give se curity. be paid to §4. The treasurer of the association shall give security in Treasurer such manner as the trustees may determine, for the faithful performance of his duties; the trustees may appoint a general agent for the purpose of collec'ing subscriptions and donations for the purpose of carrying into effect the objects of this association, said general agent to have power to appoint other agents for the like purposes, by the advice and consent of the president and secretary of said association. All mo- Money to nies which shall be subscribed and collected for the purposes treasurer. of erecting such monument, shall be paid over to the treasurer or deposited in some bank in this state to his credit, and certificates of deposits forwarded to him from time to time and as often as once in sixty days: and as often as once in three months a statement verified by his oath or affirmation, shall be made by the treasurer to the board of trustees through their president, of all moneys which shall have been received by him, and of all the persons from whom and the person by whom the same were collected; and also a statement verified in like manner of all the monies which shall have been paid over by him, specifying to whom the same were paid, and for what purpose. He shall pay over no monies but by the direction of the trustees, on the written order of the general agent countersigned by the secretary and accompanied by vouchers duly audited and certified. The book to be kept by him shall be at all times open for the inspection of the trustees and of any and every subscriber and donor to the funds of the association. secretary. § 5. It shall be the duly of the secretary to record the acts Duty of the and proceedings of the trustees, to keep a register of the names of every subscriber and donor to the funds of the association, the place of his residence, the amount of his subscription, and the day on which the same was paid over to the Erection of monument ced, treasurer, which register shall be open to the inspection of the members of the association and shall be published by the trustees in some public newspaper, and in such manner as they shall determine. 6. The trustees shall commence the erection of said monwhen to be ument as soon as practicable after the sum of ten thousand commen- dollars shall have been collected and deposited in the treasurer's hands, but no contract or engagement shall be entered into by the trustees involving the expenditure of money, until ten thousand dollars is collected and deposited as aforesaid, nor shall any contract at any time be made involving an expenditure of money, beyond the amount actually deposited in the treasurer's hands without the personal liability of said trustees. Site. Crier. Title ves ted in Pa trick Walsh. § 7. The said monument shall be erected on such site, in the state of New-York as the said trustees shall think most suitable to carry out the objects intended by this act, and by the erection of such monument. § 8. This act shall take effect immediately. CHAP. 28. AN ACT in relation to the courts held in and for the county of Livingston. Passed February 10, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The provisions of the forty-second section of the act entitled "An act to amend the act in relation to the judiciary, passed May 12, 1847," which amendatory act was passed December 14, 1847, is hereby so amended as to restore to the county of Livingston, the office of crier in the courts of said county. § 2. This act shall take effect immediately. CHAP. 29. AN ACT authorising Patrick Walsh to convey certain real estate. Passed February 10, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. Patrick Walsh of Buffalo, in the county of Erie, is hereby authorised to take and hold in fee simple that certain piece or parcel of land situated in the county of Erie, and distinguished as part of block number two hundred and twenty-eight, of the village of Black Rock, and more partic ularly described in letters patent under the seal of the state of New-York, to the said Patrick Walsh, dated the twentyeighth day of September, in the year of our Lord one thousand eight hundred and forty-three, and recorded in book of patents number thirty-four, page three hundred and sixty five, and to sell dispose of and convey the same, in the same manner as a native citizen of the United States may or can do; and his title thereto shall not be affected or impaired by reason of his alienage. §2. This act shall take effect immediately. CHAP. 30. AN ACT further to amend "An act to authorise the comstruction of a railroad from New-York to Albany," passed May 12, 1846. Passed February 10, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: to enter up water for § 1. The Hudson River Railroad Company is hereby em- Company powered by their agents to enter upon any land or water for on and use the purpose of making surveys, and may enter upon, take land and possession of, and use all such land, real estate and property construct as may be required for the construction and maintenance of ing road. their railroad, and the convenient accommodations appertaining to the same. But compensation shall be made in the manner hereinafter provided for all land, real estate and property thus taken possession of and used, except such as may be voluntarily given to or purchased at an agreed price by the said corporation. Whenever the said corporation shall not have acquired by gift or purchase, any land, real estate or property so required as aforesaid, or which may be affected by any operation connected with such construction and maintenance, the said corporation may present to the proper court a petition signed by its attorney or agent, describing with convenient accuracy and certainty,by map or otherwise, the lands, real estate or property so required to be taken or to be af fected as aforesaid, setting forth the name and residence of each owner and other person interested therein, as far as known to such attorney or agent; and praying the appointment of commissioners to ascertain the compensation to be made to such owners and persons interested for the taking or injuriously affecting such land, real estate or property. The court shall have satisfactory evidence that notice of an intended application, and the time and place thereof, for the appointment of commissioners of appraisement between said corporation and the owners and persons interested in such lands, real estate and property, had been given at least ten days previously to such owners personally, or to some person of suitable age, at their residences or on the premises, or by the publication thereof in the newspaper printed in the county in which such land, real estate or property may lie; such publication to be allowed only in respect to owners who shall appear by affidavit to have no residence in the county known to such agent or attorney, whereat such notice could be delivered as aforesaid. The court may adjourn the proceedings from time to time, shall direct any further notice thereof to be given that may seem proper, shall hear the proofs and allegations of all parties interested, touching the regularity of the proceedings, and shall, by an entry in its minutes, appoint five competent and disinterested persons, commissioners to ascertain such compensation as aforesaid, specifying in such entry, a time and place for the first meeting of such commissioners. The said commissioners before entering upon the duties of their office, shall take the oath prescribed by the twelfth article of the Constitution of this state; any one of them may administer oaths to witnesses produced before them, and may adjourn, and may hold meetings for that purpose. Whenever they shall meet to hear proofs or allegations, unless by appointment of the court, or pursuant to adjournment, they shall cause reasonable previous notice of such meetings to be given to the said owners and parties interested, or their attorney or agent. They shall hear the proofs and allegations of the parties, and any three or more of them shall, after viewing the premises, without fear, favor or partiality, ascertain and certify the compensation proper to be made to the said owners and parties interested for the land, real estate and property so to be taken or injuriously affected as aforesaid, without any deduction or allowance on account of any real or supposed benefit or advantage which such owners or parties interested may derive from the construction of said road; and may, in their discretion, if the amount so ascertained and assessed shall exceed the amount offered by said company, assess a separate, reasonable sum in favor of such owners and parties interested, or of any person appointed by the court to appear as attorney for them, for costs, expenses and reasonable counsel fees. They or a majority of them, shall make, subscribe and file with the clerk of the county, in which such lands, real estate or property shall lie, a certificate of their said ascertainment and assessment, in which such land, real estate and property shall be described by map or otherwise, with convenient accuracy and certainty. The court upon such certificate and due proof that such compensation and separate sums, if any be certified, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties in some bank, for that purpose approved by the court, shall make and cause to be entered in its minutes a rule describing such lands, real estate and property in manner aforesaid, such ascertainment of compensation, with the mode of making it, and such payment or deposit of the same compensation as aforesaid; a certified copy of which rule shall be recorded and indexed in the proper clerk's or register's office, in like manner and with the like effect as if it were a deed of conveyance from the said owners and parties interested to the said corporation. Upon the entry of such rule the said corporation shall become seised in fee of all lands, real estate and property described in said rule, as required to be taken as aforesaid, during the continuance of the corporation, by this or any subsequent act; and may take possession of, hold and use the same for the purposes of said road, and shall thereupon be discharged from all claims for damages by reason of any matter specified in the said petition, certificate or rule of court. If at any time after an attempted or actual ascertainment of compensation under this or any other act, or any purchase by, or donation to the said. corporation of any lands for the purposes aforesaid, it shall appear that the title thereby acquired to all or any part of such lands for the use of said road, or of said corporation, shall fail or be deemed defective, the said corporation may proceed anew to perfect such title by procuring an ascertainment of the compensation proper to be made to any person or persons whose title, claim or interest in or lien upon such lands shall not have been compensated and extinguished according to law, and by making payment thereof in the manner hereinbefore provided as near as may be. And at any stage of such new proceedings, the court may by a rule in that behalf made, authorise the said corporation, if already in possession to continue in the use and possession, and if not in possession to take possession of and use such premises during the pendency and until the final conclusion of such proceedings; and may stay all actions or proceedings against such corporation on account thereof, provided such corporation shall pay a sufficient sum into court or give approved security to pay the compensation in that behalf when ascertained; and in every case where possession shall be so authorised, it shall be lawful for the owner or owners to conduct the proceedings to a conclusion, if the same shall be delayed by said company. The said commissioners shall be entitled to receive from said corporation their reasonable disbursements and a compensation, not exceeding two dollars for each day actually employed by them in the discharge of their duties: such compensation and disbursements to be taxed and allowed by the court. If any commissioner so appointed shall die, be unable or fail to serve, the court may appoint another in his place on reasonable notice of the application to be approved |