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ing or repassing the same; saving and reserving, nevertheless, to the owners of the bulkheads, docks, or wharves, which may be built pursuant to this act across the ends of said streets, all wharfage, dockage and cranage from persons using the same as aforesaid.
$ 6. Nothing herein contained shall be construed to affect any Saving rights of the mayor, aldermen and commonalty of the city of clause. New-York. 87. The legislature may at any time alter or repeal this act. Right to re
Passed April 10, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :
$ 1. The mayor's court of the city of Rochester is hereby Court abolabolished.
§ 2. The act entitled “ An act in relation to the mayor's court Repeal. of the city of Rochester” passed March twenty-nine, 1848, and all other acts and parts of acts inconsistent with the first section of this act are hereby repealed, but nothing herein contained shall be construed so as to destroy, impair or take away any right or remedy acquired by any suitors in said court or the validity of any proceeding therein or right acquired thereby.
$ 3. All records, books, dockets, and other papers of the pro- Records, ceedings in said mayor's court, or relating to such proceedings, where to be and in the custody of the clerk thereof, shall within twenty days deposited. after the passage of this act be transferred by such clerk to and be deposited with the clerk of the county of Monroe, to be by him preserved among the records of his office.
§ 4. Executions or other final process upon any judgment ren- Executions dered in such mayor's court before this act takes effect, may be
process how issued thereon out of the supreme court in the same manner as issued. if such judgment had been rendered in such supreme court, and jurisdiction is hereby vested in the supreme court over all judgments and other civil proceedings heretofore had in such mayor's court.
§ 5. Jurisdiction over all civil suits pending in the said mayor's Jurisdiction court at the time this act takes effect, is hereby vested in the su- preme court. preme court, to proceed in such suits in the same manner as if such suits had been commenced in the said supreme court.
8 6. All indictments and other criminal proceedings in the said Indictments, mayor's court at the time this act takes effect, shall be transferred &c., to be
transferred to and jurisdiction over the same vested in the court of oyer and terminer of the county of Monroe, in the same manner as if such indictments or other proceedings had originated in the last mentioned court.
costs, and expenses paid by him in consequence of taking Bar-
Passed April 10, 1849, “ three-fifths being present.” The people of the State of New York, represented in Senate
and Assembly, do enact as follows: Money to be § 1. The treasurer shall pay on the warrant of the comptroller, paid to F. Bates.
to Francis Bates, or to his legal representatives, the sum of three hundred and forty-five dollars and sixty cents, in full of all claims against the state for his services, costs and expenses, in the capturing one Barney Hiers, an escaped convict, as well as the costs, fines and expenses of his indictment and conviction, in the state of Pennsylvania, growing out of said capture.
8 2. This act shall take effect immediately.
Orange County Mutual Insurance Company," passed March
Passed April 10, 1849. The People of the State of New York, represented in Senate
and Assembly, do enact as follows : Insurance
§ 1. The president and directors of the Orange County Muhow to be tual Insurance Company be, and they are hereby authorised and
empowered to insure and take policies for five years, or for a shorter period, and instead of receiving a premium note, as now authorised by said act of incorporation to receive payment of the amount of premium in cash without said note, provided however that said company shall not insure more property and receive cash therefor, than is, or shall be insured in the manner and as is now provided for by said existing act, and provided also that all the funds of said corporation procured as aforesaid by either cash or notes, be subject to the payment of the losses and expenses of
said company. Mortgages
$ 2. The said corporation may take and hold mortgages or any may be tak- real estate, chattels or tenements, to secure the payment of any en and held.
surplus which said company may think necessary to invest, and the said corporation shall have power to proceed on said mortgage, or on any other security for the recovery of the money thereby secured to them, either at law or in equity as any other body corporate, or any individual might, and it shall be lawful for said corporation to purchase on sale or sales made by virtue of
either or otherwise, and to take real estate in payment, or towards satisfaction of any debt due to said corporation, and to hold said real estate and convert the same into money, or other personal property, provided said corporation shall be bound to make such sale or conversion within six years after it may have acquired such real estate, and in default thereof the same shall be immediately forfeited and vested in the people of this state.
$3. It shall and may be lawful to and for the said corporation Pro rata diat the end of one year from and after the passage of this act, and when to be after payment of all losses, expenses and liabilities of said made. company, to make a pro-rata dividend of such surplus funds as said corporation may have on hand, to, and among the several members being insured by premium notes, according to the respective amounts thereof, and for which scrip certificates shall be issued to those entitled thereto, and if at the close of the second year from and after the passage of this act, the same shall not be expended by said corporation in the payment of losses and expenses, or for so much as shall remain unexpended as aforesaid certificates shall be issued as aforesaid, and signed by the president and secretary of said corporation, receivable for further insurance or assessments, and in the same manner from year to year at the close of each and every year thereafter; provided however that in case any such dividend be made as aforesaid, while the said corporation shall be indebted to any person or persons, or while said corporation shall be pledged as insurers to any persons without having previously obtained in writing the consent of such person or persons, then the directors who shall have consented to such dividend shall be liable in their individual and private capacity, to the extent of any such unsatisfied debts by the said corporation, and to the extent of any demands which would have been valid against the said corporation, on account of pledges as insurers, and each person who may have received of said funds by virtue of said dividend shall be personally accountable to the extent of the portion which he may have received.
4. This act shall take effect immediately.
AN ACT to authorise the election of local officers to discharge
the duties of County Judge and Surrogate in the counties of Orange, Chautauque, Cayuga and St. Lawrence, Tioga, Oneida, Jefferson and Oswego.
Passed April 10, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. There shall be elected in the counties of Jefferson, Oneida, Local offSt. Lawrence, Oswego, Orange, Chautauque, Cayuga and Tioga, elected in
certain counat the next general election and as often thereafter, at any suc-ties..
ceeding general election, as may be necessary, in the same man-,
ner as other county officers are elected, a local officer or two local to discharge officers, to discharge the duties of county judge and surrogate in the duties of their respective counties, in cases of vacancy or inability of such county judge
officers or either of them, in pursuance of section fifteen of artigate. cle sixth of the constitution, when the duties of county judge and
surrogate shall be discharged by the same person, there shall be elected, as aforesaid, one local officer, and in such of the said counties where the office of county judge and surrogate shall be separate, there shall be elected, as aforesaid, two local officers, and the term of office of the persons so elected, shall commence on the first day of January next after their election; they shall hold their offices for three years and until others are chosen in their places and duly qualified, and shall be subject to removal in the same manner and for the same causes as county judges and
surrogates are subject to be removed. Qualification $ 2. Such persons so elected to discharge the duties of county countyjudge. judge, in case he shall be of the degree of counsellor at law in
the supreme court, shall also possess all the powers and perform the duties that are now performed by a judge of the supreme court at chambers, and any proceeding commenced before either of such separate officers, may be finished by them or they may by an order made by them, direct that the same be finished by
the county judge or surrogate. Supervisors § 3. Such local officers shall receive for the services to be ren
dered by them under the provisions of this act, such compensation compensa tion to such as shall be allowed to them respectively by the boards of superofficers.
visors in the said respective counties ; all fees received by them for discharging any of the duties under this act, shall be paid to the county treasurer of their respective counties, to be applied towards the payment of county charges.
Militia, and to amend the act passed May 13, 1847, entitled
to the Senate and Assembly voting therefor, and two-thirds of all the members present concurring."
The People of the State of New-York, represented in Senate and
Assembly, do enact as follows: Command of military $ 1. The commander-in-chief is hereby authorised and empowbrigade or regimental
ered, if in his opinion the public service should require it, to asdistricts how sign the command of any of the military, brigade or regimental to be assign- districts, to any brigadier general or colonel residing therein, without regard to rank, and to designate any lieutenant colonel and major, to act as such ; and the officers to whom the command shall be so assigned and who shall be so designated, shall be subject to the same penalties and perform all the duties required of such officers, by any existing militia law.
§ 2. The commander-in-chief may, in his discretion, appoint Enrolment any individual to perform the duty of enrolling all persons sub-persons ject to military duty, within the bounds of the company district in military duwhich he shall reside, who shall also perform the duties required for her web.com of the commandant of a company district, and shall act as such, until the organization of a uniform company, and the individual so appointed shall be paid for his services out of the military commutation fund in the hands of the county treasurer, such sum as shall be fixed by the board of officers organized pursuant to the provisions of the act hereby amended.
§ 3. All officers rendered supernumerary by the passage of any Supernumeract of the legislature, (except those who shall be assigned to duty to be enrollby the commander-in-chief,) and under the age of forty-five years, ed. shall be regularly enrolled in the company district in which they shall reside, but shall be exempt from the performance of military duty, except in case of war, invasion, or insurrection, upon exhibiting to the commanding officer of the regimental district in which they shall reside, a certificate from the adjutant general that they have reported themselves to his office as wishing to retain their rank as supernumeraries; and in order to entitle them to such certificate, they shall make to him a written report, setting forth their rank and date of commission.
§ 4. It shall be the duty of the county treasurer, into whose Duty of hands the commutation money and fines belonging to any regi- treasurers ment shall have been paid, to pay to the officers who shall have relative to
commutation performed the duty of enroling, within the bounds of the regiment to which such moneys belong, such sum as shall have been fines. fixed by the board of officers organized pursuant to the provisions of section ninety-seven of the act hereby amended; and he shall also pay such bills for printing, and other contingent expenses of the regiment, as shall have been audited and allowed by such board of officers, and such moneys shall be paid on the draft or order of the president of such board.
§ 5. The commanding officer of a regiment, in case of his in- Provision ability from any cause to hear appeals, at the time appointed by
appeals. him pursuant to the provisions of section sixty-nine of the act entitled “An act to provide for the enrolment of the militia and to encourage the formation of uniform companies, excepting the first military division of this state," passed May 13, 1847, shall designate one of his field officers to act in his behalf; and the officer so designated, shall bave the same power and authority, and his decisions shall be of the same force and effect, and he shall receive the same compensation as if he were the commanding officer of the regiment.