« ΠροηγούμενηΣυνέχεια »
§ 10. The said trustees shall cause a journal of their proceed- Proceedings ings to be published at least once in two weeks in a newspaper or be published newspapers to be employed by the corporation, and published in said village : and shall also cause to be published in the newspapers printed in said village an annual statement or an account of the receipts and expenditures of the said corporation for the preceding year, at least one week previous to the annual election, after having been examined by a special committee of the board of trustees, a copy of which annual statement shall also be filed with the clerk of said village.
$ 11. The said corporation of said village of Lansingburgh General shall and may possess, exercise and use all the powers, rights, powers. privileges and duties within said village, which are given, granted, expressed and authorised in and by the seventy-eighth and the ten following sections of the “ Act to provide for the incorporation of villages,” passed December 7th, 1847.
$ 12. This act shall take effect immediately.
Chap 146. AN ACT to amend “ an act to improve the Cayuga creek road in the county of Erie," passed March 29, 1848.
Passed March 27, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:
§ 1. The Cayuga creek road mentioned in the first section of Road to be the act entitled “ An act to improve the Cayuga creek road, in divided into the county of Erie," passed March 29, 1848, shall hereafter be divided into two sections; the first and western section shall commence on the west, at the termination of the Batavia street plank road, and extend thence easterly on said road about six and one quarter miles to a point where the Wakelee road, (so called,) intersects said Cayuga creek road. The second section shall commence at that point and extend to the east line of said county on said road.
§ 2. Milton McNeal, Alexander Hitchcock and Ebenezer CommissionBriggs are hereby appointed commissioners for the first or west-district ern section of the said Cayuga creek road, whose term of office shall respectively expire as follows: the said McNeal on the thirty-first day of December, eighteen hundred and fifty; the said Hitchcock on the thirty-first
day of December eighteen hundred and fifty-one, and the said Briggs on the thirty-first day of December eighteen hundred and fifty-two.
§ 3. Erwin H. Ewell, Nathan Willis and Oliver Field, are Commissionhereby appointed commissioners for the second or eastern section of said Cayuga creek road, whose terms of office shall respectively expire as follows: the said Ewell on the thirty-first day of
ers, eastern district
December eighteen hundred and fifty, the said Willis on the thirty-first day of December eighteen hundred and fifty-one, the said Field on the thirty-first day of December, eighteen hundred and
fifty-two. Duty of su
4, The board of supervisors of Erie county, at their annual pervisors. meeting in each year, after the year eighteen hundred and forty
nine, shall appoint one commissioner in each section of said road in the place of the one in each section having the shortest time to serve, and to fill any vacancy which may occur in said board of commissioners, but no person shall be eligible to the office of commissioner who shall not at the time of his appointment reside within a half a mile of the road in the section for which he is ap
pointed. Powers of $ 5. Said commissioners shall possess all the powers and perform commission. all the duties in their respective sections provided for in the act
of which this is an amendment, and all officers appointed by them shall possess the same power, perform the same duties, and be subject to all the provisions applicable to the same officers under the original act, in the section for which they shall be appointed, and all moneys hereafter collected shall be expended in and under the direction of the commissioners appointed for the section where the
same shall be collected. Exemption $ 6. No toll shall hereafter be collected of any person passing from paying
any gạte on said road, situate in the same town in which such person resides, except when going to or returning from some other town. All exemptions provided for in the fifth section of the act
of which this is an amendment, are hereby repealed. Repeal. § 7. All the provisions of the act hereby amended inconsistent
with this act hereby repealed.
. AN ACT to amend an act to incorporate the trustees of the York
ville school in the twelfth ward of the city of New York, passed April 2, 1827.
Passed March 27, 1849. The People of the State of New York, represented in Senate
and Assembly, do enact as follows : Five trustees
§ 1. There shall be elected five trustees of the Yorkville school to be elected in the twelfth ward of the city of New-York; and for the pur
pose of such election, it shall be and may be lawful for the associates, or members of this corporation, on the notice by advertisement or otherwise, of any five of said associates to assemble on the last Tuesday of April, eighteen hundred and forty-nine, at three o'clock in the afternoon, at the house of Edward Linton, on the northeast corner of the third avenue and eighty-sixth street, Yorkville, in the city of New York, and appoint by a majority of the associates present, three of their number to act as inspectors of such election. The associates or members of this corporation under the direction of the said inspectors, shall then and there by a majority of the votes of the associates or members present, elect five suitable persons of their number, house-holders, to be trustees as aforesaid, who shall continue in office till the first Tuesday of August next. And if from any cause the house of said Edward Linton can not be had for this election, it shall and may be lawful for the associates or members of this corporation who may assemble at the aforesaid: time, on the corner of the third avenue and eighty-sixth street aforesaid, to repair immediately to the nearest suitable place, and then and there proceed to hold the election as aforesaid. The trustees so elected, shall be subject to, and vested with all the powers and privileges conferred by the act to incorporate the trustees of the Yorkville school in the twelfth ward of the city of New-York, passed April 2, 1827. The trustees now holding over in consequence of no election having been held in August last, shall immediately on the election of the next trustees, hand over to them all the books, papers and property of whatever name or nature, that they now have in their possession, belonging to the said school or the corporation thereof: and for a failure to do so within a reasonable time after a demand shall have been made upon them for such books, papers or property, they shall be judged guilty of a misdemeanor, and shall be punished accordingly. In case of the neglect from any cause of the trustees, or a majority of them at any future time to call an annual election for the choice of trustees as directed in the third section of their act of incorporation, passed April 2, 1827, it shall and may be lawful for the associates or members to assemble on the first Tuesday of August, at three o'clock in the afternoon, on the aforesaid corner of the third avenue and eighty-sixth street, and proceed as aforesaid to an election of five trustees, who shall hold their office for one year and until others are chosen in their places.
§ 2. This act shall take effect immediately.
AN ACT to amend the act to consolidate and amend the charter
of the village of Watertown. Passed March 27, 1849, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Section three of the act to consolidate and amend the Amendment. charter of the village of Watertown, passed April 26, 1831, is
hereby amended by striking out the words " five hundred dollars," where they occur in said section, and inserting in the place thereof twelve hundred dollars.
§ 2. This act shall take effect immediately.
Official acts confirmed.
Chap 149, AN ACT to confirm the official acts of Sylvanus D. Thompson, as justice of the peace of the town of Savannah.
Passed March 27, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$ 1. The official acts of Sylvanus D. Thompson, as justice of the peace of the town of Savannah, in the county of Wayne, since the first day of January, one thousand eight and forty-seven, are hereby confirmed and declared to be of the same force and effect as if he had taken the oath required by law before the fifteenth day of January, one thousand eight hundred and fortyseven ; and all penalties incurred by him by reason of having discharged the duties of said office without having taken the oath required by law before the fifteenth day of January, one thousand eight hundred and forty-seven, are hereby remitted.
§ 2. Nothing in this act contained shall be construed to affect any suit or proceeding commenced before the passage thereof.
$ 3. This act shall take effect immediately.
AN ACT to establish a court of special sessions in and for the
city of Albany, and to confer further judicial powers upon the recorder of said city.
Passed March 27, 1849. The People of the State of New York, represented in Senate
and Assembly, do enact as follows: Court to be $ 1. There shall be held in the city hall of Albany, on Tuesheld weekly.
day of each week, by the recorder of the said city, or in case of his absence or inability, by the county judge of the city and county of Albany, together with one or more of the justices of the peace of the said city, to be associated with such recorder or judge, a court of special sessions, which shall have power to hear and determine all cases of petit larceny charged as a first offence, and all misdemeanors not being infamous crimes; and which may be held and continued for such length of time as the said court sball deem proper.
8 2. Upon charges for offences triable by the said court, the Recognipolice magistrate and other magistrates in the said city hearing rences to be
returned. the same, may take recognizances in the cases provided by law, returnable at the said court; and all such recognizances as shall have been so taken, shall be returned to and filed with the county clerk of Albany county, who shall be the clerk of the said court, and shall attend the same in person or by deputy.
§ 3. All complaints and examinations taken by such magis- Complaints, trates shall, on or before Saturday of the week preceding any whom determ of the said court, be delivered to the district attorney of the livered. county of Albany.
§ 4. It shall be the duty of the district attorney in person, or Duty of disby his assistant, to attend the said court and conduct the proceed
trict attoringe and trials therein, in behalf of the people of this state ; and he shall have the same power to issue subpænas for witnesses to attend the said court, as in cases triable in the court of oyer and terminer, and disobedience thereto may be punished by the said court of special sessions in the same manner as the court of oyer, and terminer in like cases. 8 5. The complaint and charge against the accused shall be
Complaint tried, and the proceedings thereon shall be had in all respects as against acprovided in articles first and third of title third, chapter two, ofered to be the fourth part of the Revised Statutes, except as herein otherwise provided, and except that the party accused shall not be required to give bail to appear at any other court of criminal jurisdiction; nor shall the giving of any such bail deprive the said court of the jurisdiction herein conferred, unless the county judge, or a justice of the supreme court, shall certify that the charge is one which ought to be tried in some other criminal court.
8 6. The clerk of the said court shall enter all its proceedings Daty of and its sentences or all convictions had therein, in full, in a book clerk. of minutes to be by him kept for that purpose, and he may administer all oaths and affirmations required by law to be administered in the said court.
$ 7. The clerk of the said court shall make out and deliver to Transcript the sheriff of the said county, or to any constable of the said ed to Sheriff city, a transcript of the entry in the said book of minutes, of every conviction made by the said court, and of the sentence thereon, which being duly certified by the said clerk, shall be sufficient authority to such sheriff or other officer to execute such sentence, and he shall execute the same accordingly.
$ 8. All fines imposed by the said court shall be paid to the Fines. clerk thereof, or to the sheriff of the said city and county, who shall within ten days after the receipt thereof, pay the same to the chamberlain of the said city, in the same manner and subject to the same penalties for neglect, as provided in respect to fines imposed by courts of general sessions.
§ 9. It shall not be necessary to file any certificate of a con- Certified viction made by the said court, but a duly certified copy of the couple hoede
to be deliver