district of country through which it passes, having united with them, praying that said road may be declared a public highway; the said company is hereby dissolved, and the said turnpike road running through part of the town of Fishkill in the county of Dutchess, shall hereafter be and remain a public highway. Road to be districted. S 2. It shall be the duty of the commissioners of highways of the town of Fishkill, to cause the said road to be districted, worked and repaired, in the same manner that other town highways are by law directed to be worked and kept in repair. $ 3. This act shall take effect immediately after its final Act to take passage. effect. CHAP. 184. AN ACT concerning the Literature Fund, Oswego Canal Passed April 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The comptroller, under the direction of the commis- Transfer of sioners of the canal fund, is hereby required to transfer to the stock. literature fund, as of the first of January last, the bonds and mortgages now in his office, given for lands sold which belong to the Oswego canal fund, for five per cent canal stock which is now held by the regents of the university as a part of the literature fund; and the regents of the university shall transfer to the commissioners of the canal fund, so much of the five per cent canal stock held by them, as shall be equal to the amount of said bonds. $ 2. The said stock, when received by the commissioners How to be of the canal fund, shall be credited, or so much thereof shall be credited. credited, on the debt due from the Oswego to the Erie and Champlain canal fund, as will satisfy the debt now due from the former to the latter fund, and the certificates of stock to that amount shall be cancelled. $3. The residue of the stock which shall be so transferred, Residue of beyond the amount necessary to pay the Oswego canal debt stock. now due to the Erie and Champlain canal fund, shall be redeemed by the said commissioners out of the surplus revenue of the Erie and Champlain canal, the certificates of stock cancelled, and the amount credited to the Oswego canal fund. $ 4. The interest due upon the bonds authorised to be Interest. transferred by this act, at the time of such transfer, shall be entered and considered as a part of the capital of the literature fund; and whenever an amount of interest shall be paid upon the said bonds, equal to the amount due at the time of such transfer, such amount shall be invested as a part of the capital of the literature fund. Hearing and deciding. Time and manner. Rules and orders. Clerk and criur. CHAP. 185. AN ACT to authorise the Justices of the Supreme Court to hear and dispose of non-enumerated business in vacation. Passed April 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The justices of the supreme court, some or one of them, shall sit at the Capitol in the city of Albany in vacation, for the purpose of hearing and deciding all such non-enumerated business as shall arise in said court, except such as the said justices shall by rule direct to be heard in term time. $ 2. The time and manner of transacting such business, shall be regulated by rules to be prescribed by them for that purpose. $3. All rules and orders made and entered in relation to such business, shall be as valid and effectual as if entered in term time. S4. The clerk and crier of said court, residing in the city of Albany, shall attend said sittings. Number of CHAP. 186. AN ACT relative to the Court of Common Pleas for the Passed April 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. That the first judge of the court of common pleas for jurors may be the city and county of New-York, may, by notice to the clerk certain cases. of the said city and county, increase the number of jurors whichi by law is to be summoned for the trial of issues in said court, when he shall deem that the furtherance of justice shall require it; the number to be thus summoned, in addition to those already allowed, not to exceed forty-eight; and that it shall not be required of him to attend to the selecting of jurors in other courts of said city or county, except in the absence from the said city and county of the judges who preside in these courts; but such duty shall devolve on some or one of the judges of said courts, who shall be notified thereof according to the provisions of the Revised Statutes. perfecting $ 2. The said court of common pleas may establish, by its Rules for rules, the time to be allowed for entering and perfecting bail in pred suits pending therein, and to be given to the sheriff in such bail. cases before an attachment can issue against him; also the time to be allowed for any pleading in such suits, and for noticing the issues of fact joined in the same for trial; but in none of the above cases shall such time be less than eight days, unless the special circumstances of any particular case shall require it, and then only by the order of the first judge of said court. $ 3. In all suits in said court, where damages to a greater Foos. amount than two hundred and fifty dollars are recovered, the officers of the said court shall have the same fees for services relating to that court, as are allowed for the like services to the officers of the superior court of said city. $ 4. Orders out of court relating to any suit pending in the Orders out of said common pleas, after any default entered, or any issue in law or fact shall have been joined in the same, shall be granted by the first judge only of said court, (except for the examination of witnesses when the said court shall be actually sitting,) unless he shall be absent from the city of New-York, or incapacitated to attend thereto by sickness. court may cases. $5. The supreme court shall have authority to make an Supremo order to remove into the said supreme court, any transitory ako order action pending in the said court of common pleas, in which the in certain trial ought to be had elsewhere than in the city and county of New-York; such order to be made in the said supreme court, upon motion, under the like circumstances, and in the like cases in which, if the action were pending in the supreme court, that court would order the venue to be changed from the city and county of New-York to some other county. S6. Upon filing a certified copy of such order in the office of the clerk of the said court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been brought there; and the clerk of the said court of common pleas shall forthwith deliver to the clerk of the supreme court, all process and proceedings relating to said cause, to be filed in the office of the clerk of the supreme court in the city of New-York. $7. Any judge of the supreme court, or any officer author- To stay ised to perform the duties of a judge of the supreme court at proceedings. chambers, shall have power, on due cause shown, to make Duty of clerk of commen pleas. orders to stay proceedings in any cause pending in the said court of common pleas, for the purpose of affording an opportunity to make the application to the supreme court for a change of venue aforesaid; and such order may be revoked, in the discretion of the officer granting the same. $ 8. The clerk of the said court of common pleas may, beof said court fore the next term of the said court, to be held on the third Monday of this month, draw forty-eight names in the manner prescribed by law, to serve as jurors at the said term, in addition to the names of those persons already drawn to serve as jurors at said term, three days' notice of said additional drawing being given in the manner prescribed by the Revised Statutes; and a list of the names thus drawn, shall be certified and delivered to the sheriff of the city and county of New-York, in the manner directed by the said statutes, who shall forthwith summon the persons named therein, to attend such court at the said April term thereof. Powers of chambers. S9. The same power is hereby given to the first judge of first judge at the said court of common pleas at chambers, relative to suits and proceedings in such court, as is given by any law of this state to the justices of the superior court of said city at chambers. CHAP. 187. AN ACT to amend an Act passed May 4th, 1829, entitled "An Act to amend an Act entitled 'An Act declaring a part of the Cayuta Creek a Public Highway,' passed February 20th, 1827." Passed April 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The second section of said act is hereby repealed. CHAP. 188. AN ACT to divide the Town of Cuba, in the County of Allegany. Passed April 16, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. From and after the passing of this act, all that part of the town of Cuba known and distinguished as township number one in range number two of the Holland land company's survey, shall be erected into a separate town, to be known by the name of Genesee; and the first town-meeting shall be held on the last Tuesday of April instant, at the house of Benjamin Maxsons. $ 2. The remaining part of the town of Cuba shall remain Cuba to a separate town, by the name of Cuba; and the next townmeeting shall be held at the time and place to which it now stands adjourned. remain. S 3. The supervisors and overseers of the poor of the said Funds to be towns of Genesee and Cuba, when they meet to divide the divided. property and funds of said towns, shall also divide the poor of the said towns in the same ratio that the property and funds are divided. CHAP. 189. AN ACT to authorise the Supervisors of the County of Rensselaer to raise a Tax to complete the Court-House in said County. Passed April 18, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The supervisors of the county of Rensselaer are hereby authorised, at their next meeting, or at any other meeting thereafter, to raise a sum not exceeding six thousand dollars over and above the ordinary fees for collecting the same, to be raised and levied in such sum or sums annually, as the said supervisors shall think proper, on the freeholders, inhabitants and taxable property of the said county of Rensselaer, for the purpose of completing the court-house now building in said county; which sum or sums of money shall be raised, levied and collected in the same manner as other contingent charges of said county are raised, levied and collected; two-fifths thereof to be raised, levied and collected upon the taxable inhabitants of the city of Troy, in addition to their quota of taxation with the residue of the county. |