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Chap. 17.

AN ACT to authorise certain leases in the county of St.
Lawrence.

Passed February 6, 1855.

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

§ 1. The proprietors of any mines or veins of lead or copper in the county of St. Lawrence, may demise, lease or rent the same for a period not to exceed twenty-one years, from the date of any such lease to any foreign individual or company, and such lessee or lessees may take, hold, work, use or convey the same during the said term, in the same manner and subject to the same liabilities as if such lessee or lessees were natural born citizen or citi

zens.

§ 2. This act shall take effect immediately.

Chap. 18.

AN ACT in relation to School Moneys.

Passed February 6, 1855, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Тах арргоpriated.

§ 1. The avails of the school tax amounting to eight Tax approhundred thousand dollars, levied in accordance with the provisions of an act entitled "An act to establish free schools throughout the state," passed April twelfth, eighteen hundred and fifty-one, and required to be paid into the treasury of the state, by chapter two hundred and twenty-eight, laws of eighteen hundred and fifty-four, are hereby appropriated to the support of schools in accordance with the provisions of law.

Comptrolwithhold moneys

ler may

school

§ 2. The comptroller is hereby authorised to withhold the payment of any moneys, to which any county may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the sup- or port of schools, until satisfactory evidence shall be fur

until county taxes are

raised.

loan for de

nished to him, that all moneys required by law to be raised by taxation upon such county for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer; and whenever, in consequence of the failure of any county to pay such moneys, Temporary there shall be a deficiency of moneys in the treasury, apficiency. plicable to the payment of school moneys, to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorised to make a temporary loan of to the amount so deficient; and such loan and the interest thereon, until payment shall be made to the treasury, shall be a charge upon the county or counties in default, in proportion to the amount and duration of its or their defalcation respectively, and shall be added to the amount of state tax, and levied upon such county or counties by the board of supervisors thereof, at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes.

Title ceded.

Calver's
Plat.

§ 3. The act entitled "An act in relation to school moneys," passed April fifteenth, eighteen hundred and fiftyfour, shall be limited in its application to school moneys raised by taxation.

§ 4. This act shall take effect immediately.

Chap. 19.

AN ACT to release the right, title and interest of this
State, to certain lands and property in Columbia and
Rensselaer counties, to the United States of America.

Passed February 6, 1855, three-fifths being present.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

§1. That all the right, title and interest of the people of the state of New-York, in and to the following pieces of land, situate a portion thereof in the county of Columbia, and the residue in the county of Rensselaer, that is to say:

All that certain piece or parcel of land consisting of one acre of the south point of the island known as Calvers Plat. Said island lies in the Hudson river, part in the county of Columbia, and part in the county of Rensselaer,

Mull's Plat.

and in the town of Schodack: the said acre conveyed under this title is bounded as follows: beginning at a stake and stones at the south point of said Calvers Plat, and runs north to stake and stones at a point on the west side of said island, six chains; thence south, eighty-five and a half degrees east, three chains to high water mark, to the water's edge on the east shore of said island; then south twelve and one-quarter degrees west, three chains and eleven links to a point on the shore; thence south, seventythree and three-quarter degrees west, one chain and seventy-five links to a point on the shore; then south, thirtyfive and one-half degrees west, two chains and thirty links to the place of beginning at the south point of said island. All that certain piece or point of land lying in the Hud- Land near son river, in the county of Rensselaer, and state of NewYork, lying north of a line running south seventy-six degrees and forty-five minutes east, and more particularly described as follows, viz: beginning at a stake set up at the west side of an island known as Mull's plat, on a course of south, seventy-six degrees and forty-five minutes east from the north-east corner of Barrant Ten Eyck's brick house, now occupied by Thomas C. Houghtailing, and runs from the said stake along a line of marked trees standing on the north point of an island known as Parcey's island, and now in the possession of the parties of the first part, and then runs from the aforesaid stake south seventy-six degrees and forty-five minutes east, six chains and sixty links to the water's edge on the east side of the aforesaid island; then northerly along the water's edge and east side thereof, to the north point of the aforesaid island; then southerly along the water's edge and west side to the place of beginning, containing an acre of land, be the same more or less.

[graphic]

Island.

All that certain piece or parcel of land situate, lying Poplar and being in the town of Schodack, county of Rensselaer, and state of New-York, and on the north end of an island known by the name of Poplar island, bounded and described as follows, viz: beginning at a stake set upon the west shore of the aforesaid island, and on a course of south seventy-eight degrees and thirty minutes east from the north-east corner of William O. Lawton's brick store, and runs thence from the said stake, north, seventy-eight degrees and thirty minutes east, three chains and sixty links to a stake on the east side of said island; then along the

Clerk may issue subpœna.

Oaths.

Attachment for disobedience of subpœna.

east side thereof, north, nine degrees, west three chains and fifty-nine links, to a point on the north end of the aforesaid island; then south eighty degrees west, two chains, to a point on the north and west shore of said island; then along the west shore thereof, south fourteen degrees and fifteen minutes, west, four chains and four links, to the place of beginning, containing one acre of land be the same more or less, is hereby released to the United States of America, for the construction and maintenance of lighthouses, beacons and keepers' dwellings, provided, before this act shall vest in the United States any title now belonging to this state to either of said pieces of land, the said United States shall have procured the title to said pieces of land of and from the person or persons claiming and possessing the same.

§2. This act shall take effect immediately.

Chap. 20.

AN ACT to enable the Common Council of the city of New-York to take testimony, in matters referred for investigation or enquiry..

Passed February 8, 1855. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§1. The clerk of either board of the common council of the city of New-York, or his deputy, may issue subpœnas to compel the attendance of witnesses before any committee of such board.

§ 2. The chairman of any such committee may administer oaths and affirmations to witnesses appearing before the committee, and may require such witness to testify in respect to any matters pending before the committee.

§3. Upon the presentation of satisfactory proof of due service of such subpoena, and a failure to obey the same, or of a refusal, by any person appearing before such committee to take the oath or affirmation, or to answer any proper question, it shall be the duty of a justice of the supreme court or the judge of the court of common pleas, to whom the same shall be presented to issue an order re

turnable at an early day, requiring the person so failing or refusing, to show cause why an attachment should not issue against him, and to adopt other and further measures to compel the witness to appear and testify and to punish disobedience, as if the matter were legally pending in said court.

§ 4. False swearing before any such committee or in any Perjury. such proceedings aforesaid, shall be deemed perjury and punishable as such.

§ 5. This act shall take effect immediately.

Chap. 21.

AN ACT in relation to non-resident highway taxes upon certain lands in Essex county.

Passed February 8, 1855, three-fifths being present.

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

trict.

§ 1. Townships forty-five and forty-eight, and the frac- Road dis tional township lying north of township forty-five, of the Totten and Crossfield purchase, that part of the Roaring brook tract, that part of the North River head tract, and that part of the old military tract lying southerly of the north line of the Roaring brook tract, in the town of Keene, are hereby constituted a road district; and Sylvanus Wells, of the town of Jay, Harvey Holt, of the town of Keene, and Henry N. Haskell, of the town of Newcomb, all of Essex county, are hereby appointed commissioners to lay out and construct a road from the vicinity of Roderick Mc Kenzie's in the town of Keene, through said lands, to the town of Newcomb in said county: and to expend the nonresident highway tax assessed in said road district.

dent taxes.

§ 2. The treasurer of Essex county shall pay to the Non-resicomptroller, (when he makes his annual returns of arrears of taxes,) all moneys received by him for highway taxes, assessed upon the non-resident lands in said road district; and the comptroller shall annually pay all moneys received by him for highway taxes, upon any of the aforesaid nonresident lands, to the said commissioners, or any two of them.

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