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three dollars, to the commissioners of the canal fund, on of canal account of the Oswego canal fund, out of any moneys in the treasury belonging to the capital of the common school fund, as an equivalent for bonds belonging to that fund transferred to this on the fifth day of December, one thousand eight hundred and thirty-five, and on the 30th day of September, 1836, pursuant to the first part of the fourth section, chapter two hundred and sixty, laws of one thousand eight hundred and thirty-five; and for all bonds which may hereafter be transferred in accordance with the said fourth section of chapter two hundred and sixty, laws of one thousand and eight hundred and thirty-five, the comptroller shall draw his warrant upon the treasurer, which shall be paid to the commissioners of the canal fund, on account of the Oswego canal fund, out of the current receipts into the treasury on account of the capital of the common school fund.

§ 2. It shall be lawful for the treasurer to pay upon the ь. warrant of the comptroller, the sum of three thousand five hundred and forty-seven dollars and ninety-eight cents to the commissioners of the canal fund, on account of the Erie and Champlain canal fund, out of any moneys in the treasury belonging to the capital of the common school fund, as an equivalent for bonds belonging to that fund transferred to this on the thirtieth day of September, one thousand eight hundred and thirty-six, pursuant to the first part of the third section, chapter two hundred and sixty, laws of one thousand eight hundred and thirty-five; and for all bonds which may hereafter be transferred in accordance with the said third section, chapter two hundred and sixty, laws of eighteen hundred and thirty-five, the comptroller shall draw his warrant upon the treasurer, which shall be paid to the commissioners of the canal fund, on account of the Erie and Champlain canal fund, out of current receipts into the treasury on account of the capital of the common school fund.

effect.

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§ 3. This act shall take effect immediately after its pas- Act to take sage.

CHAP. 64

AN ACT to authorize the appointment of measurers of grain in the counties of Dutchess and Orange.

Passed March 14, 1837.

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

§ 1. The person administering the government of this Measurers state shall nominate, and by and with the advice and con

for Pough.

Newburgh.

keepsie and sent of the Senate, from time to time appoint, one measurer for the village of Poughkeepsie, and one measurer for the village of Newburgh, who shall each hold his office for the term of two years from the time of his appointment, and until another is appointed in his place, unless such office shall become vacant by death, removal or otherwise.

To take an oath.

Duty of mea.

surers.

Penalty.

Deputies

may be ap. pointed.

Suits

Act to take effect.

§ 2. Such measurer shall, before he enters on the duties of his office, take and subscribe the constitutional oath of office, before some judge or commissioner authorized to administer oaths to be read in courts of record in this state; which oath shall be duly certified by the officer administering the same, and shall be filed in the office of the clerk of the county where such measurer resides, within twenty days from the time of taking the same.

§ 3. It shall be the duty of such measurer, to measure grain of all kinds which shall be brought to the village in ships, vessels, or other water craft, and he shall be required to measure, and to certify the same; and he shall receive as his fees, fifty cents for every one hundred bushels, and in like proportion for a greater or less quantity, to be paid, the one-half by the purchaser, the other half by the seller; but the employer shall in all cases be liable for the payment thereof in the first instance.

§ 4. If such measurer shall neglect or refuse to measure grain when desired, or shall be guilty of any unreasonable delay, mal-practice or default in the duties of his office, he shall forfeit for every offence twenty-five dollars, besides being liable in damages to the injured party.

§ 5. Such measurer is hereby authorized to appoint and continue during his pleasure, one or more deputies, who shall take the same oath, perform when required the same duties, be entitled to the same fees, and pay over to the measurer appointed pursuant to this act such part thereof as shall be mutually agreed upon, and he shall in all respects be subject to the penalties and conditions by this act imposed upon said measurer, and his acts in the premises shall be of equal validity and effect.

§ 6. The penalties imposed by this act shall be sued for by and in the name of the treasurer of the village, and the moneys applied for the use of the poor thereof.

§ 7. This act shall take effect immediately after its pas

sage.

CHAP. 65.

AN ACT relating to highways in the town of Greensburgh, in the county of Westchester.

Passed March 14, 1837.

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

mutation.

§ 1. Every person liable to work on the highways in the Rate of comtown of Greensburgh, in the county of Westchester, other than an overseer, may elect to commute for the same, or for some part thereof, at the rate of one dollar for each day.

§ 2. This act shall take effect immediately on the final Act to take passage thereof.

effect.

CHAP. 66.

AN ACT to amend the charter of the Guardian insurance

company.

Passed March 14, 1837.

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

extended.

§ 1. All the provisions of the act entitled "An act to in- Time corporate the Guardian insurance company," passed April 16, 1836, are hereby extended for one year from the passage of this act.

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

CHAP. 67.

AN ACT to incorporate a fire engine company in the village of Norwich, in the county of Chenango.

Passed March 14, 1837.

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

Act to take effect.

created.

§ 1. John Noyes, George L. Rider, N. C. Chapman, O. Corporation G. Randall, and their associates, to the number of twenty, are hereby constituted a body corporate, by the name and description of "The Norwich Fire Engine Company," and by that name they and their successors, during the continuance of this act, shall have succession.

§2. The said corporation shall have full power to make By-laws. and establish such by-laws rules and regulations as they, from time to time, shall think proper, as to the time, place

members.

and manner of electing their officers, and as to the period of their continuance in office, and as to the powers and duties of said officers, and for fixing the time and place of meeting of said company, for regulating the manner of conducting their business when met, and to compel the attendance of its members at the meetings of the company and at fires, and with respect to all such other matters whatsoever as relates to the purposes for which this corporation is constituted.

Privileges of 3. The members of said fire company shall be exempt from the performance of militia duties, except in cases of insurrection or invasion, and from service on juries in courts held by justices of the peace, and a certificate signed by the captain shall be competent evidence in all cases to prove the fact of membership.

Act to take effect.

Name changed.

Terms.

§ 4. This act shall take effect immediately, and the Legislature may at any time alter, modify or repeal the same.

CHAP. 68.

AN ACT authorizing Samuel McKinstry to change his name
Passed March 14, 1837.

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

§ 1. Samuel McKinstry, of the town of Saratoga, in the county of Saratoga, is hereby authorized to assume and take the name of Samuel Green junior, and by that name he shall hereafter be known and distinguished.

CHAP. 69.

AN ACT to change the time of holding the court of common pleas and general sessions, in the county of Oswego.

Passed March 14, 1837.

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

§ 1. The courts of common pleas and general sessions, in and for the county of Oswego, shall hereafter be held on the first Monday of June, the third Mondays of September and February, and the second Monday of December, in each year.

CHAP. 70.

AN ACT for the relief of Gurden Perkins.

Passed March 14, 1837.

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

issued.

§ 1. The treasurer shall issue to Gurden Perkins his Check to be check for sixty-six dollars, being the amount of check number one hundred and nine, warrant number one hundred and thirty-five, dated the fifteenth day of October, eighteen hundred and thirty-six, drawn by the treasurer on the Commercial bank of Albany, for a debt due from the state to said Gurden Perkins, for his services as a brigadeinspector, which check was stolen in October last, on board of a steam-boat between Catskill and New-York.

2. This act shall take effect immediately on its passage. Act to take

СНАР. 71.

AN ACT to incorporate the Westchester county mutual insurance company.

Passed March 14, 1837.

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

effect.

created.

§ 1. James Burling, James T. Eells, David Harrison, Corporation Jacob D. Stagg, John T. Gilchrist, Alexander Banks, Thomas C. Taylor, James V. Seaman, George S. Fox, Edward Des Brosses Hunter, John Townsend, Monmouth Lyon, Horace Smith, John Sheal, Minott Mitchell, Joseph H. Anderson, Richard R. Voris, Caleb Roseo, Samuel Trowbridge, Nathaniel Baylis and Prince W. Paddoc, and all other persons who may hereafter associate with them, in the manner herein prescribed, shall be a corporation by the name of "The Westchester County Mutual Insurance Company,' for the purpose of insuring their respective dwelling-houses, stores, shops and other buildings, household furniture, merchandise and other property, against loss or damage by fire. § 2. The affairs of said company shall be managed by a Directors. board of directors consisting of twenty-one members, and the persons named in the first section of this act shall be the first directors of said corporation, a majority of whom shall form a quorum for the transaction of business. The business of the said corporation shall be carried on and conducted at such place in the village of New-Rochelle, in the county of Westchester, as shall be designated by a majority of the directors thereof present at a regular meeting.

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