Powers of the recorder at chambers. Road District. Overseer to be appointed. entry of any such conviction, made by the clerk of the said court in the said book of minutes, shall be evidence in all courts and places, of the facts stated therein. § 10. The recorder of the city of Albany shall have power to do and perform all the acts and duties that may by law, or according to the rules and practice of the supreme court, be done and performed by a justice of the supreme court at chambers, and he shall be allowed to charge and receive such fees and perquisites therefor as are now or may hereafter be allowed by law, to be charged by the judge of Albany county for like services, and the said recorder shall render an account on oath, and pay over to the treasurer of the said county all such fees and perquisites at the times and in the manner now provided by law with respect to the other fees and perquisites received by him. Chap. 151. AN ACT to amend "An act to incorporate the village of Lyons," passed April 16, 1831. Passed March 27, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The village of Lyons, in the county of Wayne, is hereby constituted a road district, subject to be subdivided by the trustees of said village; and the same shall be exempt from the superintendence of the commissioners of highway of the town of Lyons, except the two bridges crossing Mud creek and Clyde river in said village, which shall continue under the superintendence of said town commissioners. And the said trustees shall have all the powers over the said road districts, and discharge all the duties which are by law given to, and enjoined upon said commissioners of highways. § 2. It is hereby declared lawful for the trustees of the village of Lyons, to appoint by their warrant in writing, an overseer of highways for each and every subdivision in said road district that shall be laid out by them, which overseers shall have all the power, and perform all the duties in their several districts and subdivisions, which by law are given to, and enjoined upon other overseers of highways; giving in their lists, and being accountable to said trustees, in the same manner that other overseers of highways are bound by law to do to the town clerk and to the commissioners of highways. §3. This act shall take effect immediately. Chap. 152. AN ACT to incorporate Saint Vincent's Orphan Asylum Society in the city of Albaay. Passed March 27, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : created. § 1. John J. Conroy, James Maher, Peter M. Morange, John Corporation Tracey, William D. Morange, Richard J. Carmody, Miles J. Carrol, Oliver Wallace, Philip Maguire, Bryan Smith, Henry Hill, and Peter White, and all other persons who now are, or may hereafter become members of the Saint Vincent's Orphan Asylum Society in the city of Albany, shall be and are hereby constituted a body corporate by the name of "The Saint Vincent's Orphan Asylum Society in the city of Albany," for the purpose of providing relief, maintenance and education to orphan and destitute children. may be § 2. When a child shall be surrendered to the care and custo- Children dy of the said corporation, by the parent or guardian of such child, bound out. the managers may bind out such child, being of the full age of eight years, to some suitable employment, in the same manner as overseers of the poor are authorised to bind out poor and indigent children, but provision shall be inserted in the indentures of said child for securing and education suitable for such child. § 3. In case of the death of the father of any destitute child, Guardian. the mother shall be the guardian of said child for the purpose of surrendering the said child to the care and custody of the managers of said corporation; and in case of the death of both parents the mayor of the city of Albany shall be ex-officio the guardian of said child for the purpose of enabling said managers to bind out said child. § 4. The said corporation shall possess the general powers and General be subject to the provisions contained in the act for the incorpora- powers. tion of benevolent, charitable, scientific and missionary societies passed April 12, 1848, also in title three of chapter eighteen of the first part of the Revised Statutes. § 5. This act shall take effect immediately. ཀྵ Official acts confirmed. Money to be raised by tax Duty of trea surer. Chap. 153. AN ACT to confirm the official acts of Sylvester Reed as justice of the peace of the town of Brownville. 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 Sylvester Reed as a justice of the peace of the town of Brownville in the county of Jefferson, since the thirty-first day of December last, are hereby confirmed and shall have the same force and validity as if the said Sylvester Reed had taken the oath of office within the time required by law, and all penalties incurred by him for discharging the duties of such office without having taken the oath of office are hereby remitted, except where any suit may have been commenced before the passing of this act. § 2. This act shall take effect immediately. Chap. 154. AN ACT To require the town of Norfolk to pay the town of 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. The board of supervisors of the county of St. Lawrence at their next annual meeting, is hereby authorized and required to raise by tax on the town of Norfolk in said county to be levied and collected the same as other taxes, the sum of eighty-eight dollars and forty-three cents, with interest from the third day of April, one thousand eight hundred and forty-four; said sum when so collected, to be paid to the county treasurer, who shall pay the same to the superintendent of schools of the town of Louisville. § 2. The said treasurer is hereby authorised and directed, in case such money is not assessed and collected from the town of Norfolk to withhold the said sum of eighty-eight doll irs and forty-three cents, and interest, out of the school moneys for the town of Norfolk, and pay the same to the superintendent of common schools of the town of Louisville. Chap. 155. AN ACT To authorise Moses Randall, executor of the last will and testament of James Roberts, deceased, to convey certain real estate. Passed March 27, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: cite legatees § 1. The surrogate of the county of Warren shall upon the ap- Surrogate to plication of Moses Randall, executor of the last will and testa- to appear. ment of James Roberts, late of Luzerne, Warren county, deceased, issue a citation under his hand and the seal of his office, directed to the legatees, heirs, and next of kin of said James Roberts, deceased, to appear before him and show cause, if any they have, why the said executor should not convey by deed the real estate of which the said James Roberts died seized, according to the conditions of the sale of such real estate, made on the 25th day of July, 1846, pursuant to an order of Thomas S. Gray, surrogate of said county of Warren, which shall be served as prescribed in sections nine and ten, in title four, chapter six, part two, of the Revised Statutes. enquire and § 2. Upon the return of such citation, served as prescribed in Surrogate to the first section of this act and on the day mentioned therein, and determine at such other time as the surrogate shall direct, the surrogate damages. shall proceed to enquire and determine whether any, and if any, what amount of damage has been sustained by any person interested, by reason of any informality there may have been in the appointment of guardians for the minor heirs of the said James Roberts deceased, or otherwise and certify the same, under his hand and the seal of his office, and for the purpose of making such enquiry, he shall have power to compel the attendance of witnesses in the same manner, and take testimony as courts of record are authorized to do. conveyed. § 3. If, upon such examination, it shall appear that no dama- Real estate ges have been sustained by such legatees, heirs or next of kin of when to be the said James Roberts, deceased, or if the said executor, Moses Randall, shall pay to each and every person who may be entitled thereto, the amount of damages certified by the said surrogate, he may convey by deed, the real estate of which the said James Roberts died seized, to the purchaser or purchasers of the same, or to their legal representatives, which conveyance shall vest in the said purchaser or purchasers and their legal representatives, all the right, title, interest and claim of, in and to said real estate, of which the said James Roberts died seized. § 4. If any such legatee, heir or next of kin of said James Costs. Roberts, deceased, shall interpose any claim for damages and shall fail to establish the same, costs shall be awarded against such claimants; but if such claim for damages shall be established, or Money to be raised by tax Also in 1850. To whom paid. Bond to be executed. Money how to be expended. Account to be rendered. if no claim for damages shall be interposed, the whole of the proceedings authorized by this act shall be at the individual expense of the said Moses Randall. § 5. This act shall take effect immediately. Chap. 156. AN ACT to authorise a tax upon the town of Potsdam, to rebuild the bridges across Racket river, in the village of Potsdam. Passed March 28, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The board of supervisors of the county of St. Lawrence, are hereby authorized at their next annual meeting to cause to be levied and collected on the town of Potsdam in said county in like manner as other taxes for town expenses are levied and collected, five hundred dollars in addition to the amount of two hundred and fifty dollars, ordinarily raised in said town for improving roads and bridges, to be expended as in this act mentioned. § 2. The said board of supervisors are also authorised at their annual meeting in the year 1850, to cause to be levied and collected on said town in like manner and for the same purpose such further sum in addition to the amount of two hundred and fifty dollars ordinarily raised, not exceeding five hundred dollars as the inhabitants of said town at their next annual town meeting shall by resolution determine to be necessary. § 3. The said moneys when collected, shall by the collector of said town be paid to the highway commissioners of said town. § 4. The said commissioners shall, before receiving any of said moneys, execute to the supervisor of said town a bond, in the penal sum of one thousand, two hundred dollars, with one or more sureties to be approved by said supervisor, by his certificate endorsed upon the bond, conditioned for the faithful expenditure of said moneys and performance of their duties pursuant to this act, which bond shall be filed in the office of the town clerk of said town. § 5. The moneys so to be levied and collected, together with other moneys for that purpose estimated and collected, shall be expended in rebuilding the bridges across Racket River in the village of Potsdam, in said town, under the superintendence and direction of Benjamin G. Baldwin and Willard M. Hitchcock of said village, and the highway commissioner of said town. § 6. Said highway commissioners shall within three years after the passage of this act, account to the board of town auditors of said town for all moneys received by said commissioners by virtue of this act. § 7. This act shall take effect immediately. |