of one thousand eight hundred and twenty-five dollars, being the premium moneys received on said loan, made by the commissioners of the canal fund, under chapter three hundred and sixty-three of the Laws of eighteen hundred and fifty-seven, and which said sum of one thousand eight hundred and twenty-five dollars is hereby appropriated to pay interest on said loan.

SECTION 3. The sum of forty-seven thousand dollars, $47,000. being the balance of the sum of three hundred and fifty thousand dollars raised, levied and collected, by the act chapter sixty-six of the Laws of eighteen hundred and fifty-six, and appropriated and directed to be paid over by that act, to the canal fund, to meet the payment upon the state debt, under the provisions of article seven of the constitution, is hereby reappropriated to the same. objects, which sum shall be paid out of any money in the treasury, and shall be transferred on the warrant of the comptroller, from the general fund to the canal fund.

SECTION 4. The sum of four hundred and forty-two 44215 dollars and fifteen cents, being the balance of the appropriation of three thousand five hundred dollars, appropriated by the act chapter five hundred and seventy of the Laws of eighteen hundred and fifty-five, to complete the improvement commenced in the removal of the obstruction in the upper level of the Crooked Lake canal, between the outlet and the bridge known as Liberty street bridge, so as to make the same navigable at all seasons of navigation, and to make it a safe and convenient harbor for boats from the lake, is hereby reappropriated to the same object.

SECTION 5. This act shall take effect immediately.

Chap. 450.

AN ACT for the relief of James A. Story, Caleb
M. Pierce and Charles Amsden.

Passed April 18, 1859; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows :

SECTION 1. The town auditors of the town of Cuba, in the county of Allegany, are hereby authorized and em

Town andicertain per

tors to allow

sons their

costs, &c.

powered, and it shall be their duty, to audit and allow to James A. Story, Caleb M. Pierce and Charles Amsden, of said town of Cuba, as a charge upon said town, any and all judgments, costs, damages, charges, counsel fees and expenses which have heretofore been incurred, by said Story, Pierce and Amsden, or either of them, or obtained against them in the defense of an action brought against the said Story, Pierce and Amsden, by Oramel Griffin, of said county, in the supreme court of this state, to recover the amount of a tax, and costs and expenses of collecting the same, of said Griffin, which said tax was predicated upon an assessment of personal property made by said Story, Pierce and Amsden, as assessors of said town of Cuba, in the year eighteen hundred and fifty-six; and also that the said town auditors audit and allow to the persons aforesaid all costs, charges and expenses incurred by them in the defense of actions in courts of justices of the peace, in said county, brought by said Griffin against the said Story, Pierce and Amsden, to recover a portion of said tax, or property sold therefor, and not included in the said action in the supreme court; and also the portion of said tax, or value of property sold therefor, which was paid to said Griffin by said Story, Pierce and Amsden, after their liability to pay the same was established by the determination of the aforesaid suit in the supreme court. And it shall be the duty of the board of supervisors of said county of Allegany to levy upon said town of Cuba, and direct the collection of a tax sufficient to pay the amount of the said account so to be audited and allowed as aforesaid, and which amount, when collected, shall be paid over by the supervisor of the town of Cuba, to the said Story, Pierce and Amsden, said amount to be audited, levied and collected as follows: One-third of the amount in the year eighteen hundred and fifty-nine, one-third in the year eighteen hundred and sixty, and one-third in the year eighteen hundred and sixty-one.

2. This act shall take effect immediately,

Chap. 451.

AN ACT to continue in force the act entitled "An act to construct certain roads from the settlements in Lewis county to Brown's tract in Herkimer county."

Passed April 18, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The act entitled "An act to construct certain roads from the settlements in Lewis county to Brown's tract in Herkimer county," passed June eighth, eighteen hundred and fifty-three, which expires, by its own limitation, on the first day of January, eighteen hundred and sixty, is hereby continued and declared to be in full force for the further period of seven years, from said first day of January, eighteen hundred and sixty.

52. The comptroller shall pay over to said commissioners any balance remaining in the treasury for taxes heretofore levied, and the full amount of all taxes that may be levied under said act.

Act con

tinued in

force.

Chap. 452.

AN ACT to incorporate the Buffalo College.

Passed April 18, 1859.

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

rate.

SECTION 1. Orsamus H. Marshall, Francis H. Root, Body corpoHenry W. Rogers, Daniel Bowen, Peter M. Vosburg. Grosvenor, W. Heacock, John E. Robie, Otis F. Presbrey, Griffin Smith, George Howard, Aaron Rumsey, Jason Sexton, Charles G. Playter, Jesse Ketchum, Richard L. Waite, Pascal P. Pratt, Henry C. Walker, George W. Clinton, J. Leonard Corning, Thomas Carlton, John D. Hill, George S. Hazzard, James M. Scatchard, Isaac Holloway, William A. Bird, Henry H. Otis, George R. Kibbe

and Frederick A. Alberger, and their successors, are hereby constituted a body corporate under the name and style of the Buffalo College, with the right to adopt and use a seal for its purposes. Said corporation are hereby authorized to found, establish, regulate and maintain an institution of learning in the city of Buffalo, with an academical department that shall be free to persons of both sexes, in which may be taught practical mechanical sciences, mining and engineering, as well as the science of teaching. Said institution shall be forever open to receive students from any and every denomination, and shall not be used for the purpose of teaching sectarianism in any form.

S2. The corporation hereby created shall have power to receive, hold and use for the founding and support of said institution, any gifts of personal property, moneys or real estate, by devise or bequest, to an amount not to exceed in the aggregate the sum of one hundred and fifty thousand dollars, or in any other way, subject to such conditions on the part of the donors as are not inconsistent with the general purposes of education or with the provisions of the educational laws of the state.

3. Any real estate bequeathed or given to said corporation, lying within the city of Buffalo and granted for educational purposes, and so used, in erecting suitable buildings, making courts, parks or walks, shall be forever exempt from sale on execution for debts contracted by said corporation, nor shall such property be used for any other than educational purposes, nor shall it be encumbered by said corporation by mortgage or otherwise. The corporators shall be individually liable for all debts contracted by said corporation.

S4. To perfect such exemption it shall be the duty of the trustees to cause a declaration to be made, under the corporate seal, describing the property so exempted, and file the same in the office of the clerk of the county of Erie; after which record the same shall have full force and effect.

$5. The persons named in the first section of this act shall constitute the first board of trustees. Said trustees shall meet on the first day of April, or as soon thereafter as a majority shall so determine, at some convenient place in the city of Buffalo, and shall elect from among their

number a president, vice-president, secretary and treasurer, who shall each hold their respective offices for one year. In case of a vacancy in the board, from death or any other cause, the majority of the balance of the board shall have power to fill such vacancy. Nine members shall constitute a quorum for the transaction of ordinary business, but to elect officers of the board, to fill vacancies or elect members of the faculty, shall require a majority of the trustees.

conference

$6. The Genesee conference of the Methodist Episco- Genesee pal Church shall have the right to nominate the president of the college, subject to confirmation by a majority of the board of trustees.

S7. The said college shall be subject to visitation by the regents of the university.

S8. Diplomas granted by this college shall entitle the Diplomas. holder to all the benefits and advantages allowed by usage or statute to the holders of similar diplomas granted by similar institutions.

S9. This corporation shall possess all the powers and Powers, &c be subject to all the restrictions and provisions of the third title of part first of the eighteenth chapter of the Revised Statutes, so far as the same are applicable. $10. This act shall take effect immediately.

Chap. 453.

AN ACT for the enlargement of the Clinton, Auburn and Sing Sing prisons, and for other purposes.

Passed April 18, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tion for

SECTION 1. The sum of twelve thousand dollars, or so Appropria much thereof as may be necessary, is hereby appropria- Clinton ted to defray the expense of adding one hundred and prison. thirty-three cells to the Clinton prison, or such number as may be necessary.

$2. The sum of eighteen thousand dollars, or so much Auburn thereof as may be necessary, is hereby appropriated for prison.