May borrow $1000. Proviso. Tax for, and col Chap. 26. AN ACT to authorize the commissioners of highways of the town of Schodack to borrow money. Passed March 3, 1851, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows; §1. The commissioners of highways of the town of Schodack, in the county of Rensselaer, are hereby authorized to borrow, on the credit of said town, the sum of one thousand dollars for the purpose of paying debts contracted and the building and repairing bridges therein: Provided that a vote of the town be taken at the next annual town meeting in favor of the same. § 2. The board of supervisors, of the county of Renssehow levied laer, shall cause the money borrowed, by virtue of this lected. act, to be assessed and collected from the said town of Schodack in four yearly instalments, with annual interest thereon. § 3. This act shall take effect immediately. Chap. 27. AN ACT to amend the act entitled "An act to incorporate the New-York and Virginia Steam Ship Company," passed April 10, 1850, so as to enable said company to commence business when one hundred thousand dollars of its capital stock shall have been subscribed. Passed March 3, 1851. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Section second of the act entitled "An act to incorporate the New-York and Virginia Steamship Company," passed April 10, 1850, is hereby amended by striking out the words "and fifty." § 2. Section fourth of said act is hereby amended by striking out the words "and fifty." § 3. This act shall take effect immediately. Chap. 28. AN ACT to amend an act entitled "An act to incorporate the city of Oswego," passed March twenty-fourth, eighteen hundred and forty-eight, and the act amending the same, passed March thirty-first, eighteen hundred and forty-nine. Passed March 3, 1851, "three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Sections first and third of title 2, of the act to incorporate the city of Oswego, passed March 24, 1848, are hereby amended to read as follows: § 1. The officers of the city shall be one mayor, one recorder, one treasurer, one clerk, one marshal, two aldermen for each ward, two justices of the peace, one city superintendent of common schools, four constables, one or more harbor masters, one collector of taxes and assessments, one assessor for each ward, one supervisor for each ward, one chief engineer and two assistant engineers of the fire department, two fire wardens for each ward, one attorney and counsellor to the common council, one or more overseers of the poor, not exceeding three, as the common council shall direct, one or more police constables, not exceeding four, one street commissioner, three inspectors of election for each election district, one surveyor, and so many keepers of alms-houses, work-houses, penitentiary, pound masters and sextons or keepers of burial grounds, as the common council shall from time to time. direct. Officers of the city. § 3. No person shall be eligible, or appointed to the of- Eligibility. fice of mayor, recorder, treasurer, clerk, marshal, justice of the peace, police constable, collector, harbor master, engineer or assistant engineer, attorney and counsel to the common council, overseer of the poor, street commissioner, keeper of alms-house, work-house, penitentiary, poundmaster, or sexton, unless he shall be at the time an elector and resident of said city; and no person shall be eligible or appointed to the office of alderman, supervisor, assessor, fire warden, inspector of elections, or any other office in any ward or district, unless he shall be at the time a resident and elector of such ward or district; and the mayor and aldermen shall be freeholders in said city. And whenever any officer of said city shall cease to be a resident of the city, or of the ward or district for which he Assessors, terms of office. Election of assessors. Assessment rolls and when was elected or appointed, his office shall thereby become vacant. § 2. Section twenty-five of the said title is hereby repealed, and the following section substituted: § 25. The assessors in office on the 1st day of January, 1851, shall hold office during the following terms: The assessor residing in the first ward until the second Tuesday of March, 1852; the assessor residing in the second. ward until the second Tuesday of March, 1853; and the assessor residing in the third ward until the second Tuesday of March, 1854. At the annual election on the first Tuesday of March, 1851, an assessor shall be elected for the fourth ward by the voters of such ward only, for the term of four years; and all assessors elected thereafter shall hold office for the like term. Each assessor shall be voted for by the electors of the ward only, for which he is chosen, and but one assessor be elected annually. § 3. Sections four and seven, of title four, of the said act, are hereby amended to read as follows: Powers of § 4. The assessors elected under this act, shall possess all assessors. the powers and authority of town assessors, and shall make two assessment rolls of the city; one of all taxable property in the first and third wards, and one of all the taxable property in the second and fourth wards, in the same manner as such assessors under and in pursuance of the second article of the second title of the thirteenth chapter how made of the first part of the Revised Statutes, except as herein to be com- provided. The notice required by the nineteenth and twentieth sections of said article, shall be given as provided by said nineteenth section, and shall also be published in the city paper, and shall designate the city clerk's office as the place where they will review their assessments, and where the rolls may be examined. The rolls shall be completed, and with all other papers required by said article to be filed, filed with the city clerk on or before the first day of July in each year. pleted. corrected. Rolls how § 7. The common council are vested with the exclusive power to correct the assessment rolls in the same manner as a board of supervisors may by law correct the town rolls of their county; the city clerk, or a surveyor thereof, under the direction of the council, shall correct all clerical errors in the description or valuation of property, and make correct and exact copies of said rolls, and certify the same to be correct, and deliver the copy of the roll for the first and third wards to one of the supervisors thereof, and the copy of the roll of the second and fourth wards to one of the supervisors of said wards, on or before the first day of October in each year, to be by them presented to the board of supervisors as and for the town rolls of the city. § 4. Section eight of title three of the said act is hereby amended, to read as follows: penalties and prose § 8. All actions brought to recover any penalty or for- Actions for feiture incurred under this act, or the ordinances, by-laws, how or police regulations, made in pursuance of it, shall be brought brought in the corporate name; and in any such action it cuted. shall be lawful to declare generally in debt for such penalty or forfeiture, stating the section of this act, or the by-law or ordinance under which the penalty is claimed, and to give the special matter in evidence, and the defendant may plead the general issue and give the special matter in evidence. The first process in any such action brought in a justice's court, may be by warrant, and execution may be issued thereon immediately on the rendition of judgment. If the defendant in any such action have no goods or chattels, lands or tenements, whereof the judgment can be collected; the execution shall require him to be imprisoned in close custody, in the jail of Oswego county, or in the penitentiary, if one be established, for a term not exceeding thirty days. In all cases before the recorder for the violation of any city ordinance, the same proceeding and mode of proceeding may be had, as in misdemeanors triable before him. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture, shall be defrayed by the corporation; and all penalties and forfeitures when collected, shall be paid to the treasurer, for the use of the city. § 5. Section twenty-one, of title four, of the said act is hereby repealed, and the following section substituted: 21. The collector of taxes and assessments in the city, Collector. shall perform the duties and be subject to the liabilities and obligations prescribed by law for town collectors, and the bond of said collector required by the sixteenth section of the second title of this act, shall be executed by the collector and his sureties, and filed with the city clerk, His band. and be approved by the common council, within twenty days after service upon the collector of notice of his election by the city clerk. Before any warrant or warrants for the collection of county taxes shall have been delivered to him, he shall execute to the supervisors of the city, an additional bond in penalty of at least double the amount of taxes to be collected by said warrants, with two or more sureties who are freeholders in the county of Oswego, to be approved by a majority of the said supervisors, condition How approved. office. ed that he will faithfully collect such taxes and pay over the same according to law; which bond with the approval of the supervisors thereon, shall be delivered to the clerk of the county of Oswego, to be filed. The said counRecorded ty clerk shall enter and record said bond in the book proin clerk's vided for entering and recording the bonds of town collectors, and every such bond shall be a lien on the real estate of said collector and his sureties in the same manner, and to the same extent as now provided by law in relation to the bonds of town collectors; and in case of any breach of the condition of such bonds or either of them, suits may be maintained on the first mentioned bond by the city of Oswego, and on the last mentioned bond by the supervisors to whom the same was executed, or their successors in office; such collector and sureties shall also be liable to the same proceedings, to enforce the payment of money collected, on any warrant issued by the supervisors of the county, as are provided by law in respect to town collectors and their sureties. In case such collector shall refuse or neglect for ten days, after being notified of the amount of taxes directed to be collected by warrant of the supervisors of the county, to execute and give the bond herein required, such neglect or refusal shall be immediately reported by the supervisors of the city to the common council, who shall thereupon declare the office vacant, and proceed forthwith to appoint another in his place, as such neglect shall be deemed a refusal to Office how vacated. Taxes how assessed. Lands ex cepted. serve. § 6. Sections three and six, of title five of the said act, are hereby amended to read as follows: 3. The tax, so directed to be raised, shall be assessed upon all the taxable real and personal property in the city, according to the valuation of the same in the assessment rolls of the current year, filed by the city assessors after said rolls shall be corrected, as hereinbefore provided for, excepting that the lands comprehended within the bounds of the city, and without the bounds of the present village of Oswego, and which are kept and used as wood lands, meadow lands, for horticultural or nursery purposes, pasture, orchard, and in general all lands that are kept and improved as farming lands, with their appurtenances, shall not, so long as they are kept so and used, be taxed for the benefit of said city, except for highway purposes; unless such lands, though used as aforesaid, shall be so used in quantities not exceeding five acres in one parcel and belonging to one proprietor; provided, also, that the laying out or opening of any new street in that |