Annual election. Chap. 134. AN ACT to amend the charter of the village of Carthage. The People of the State of New York, represented in § 1. The annual charter election now required by law to be held in the village of Carthage on the first Monday in June, shall hereafter be held in said village on the first Monday in April of each year. Notice of such annual election shall be given in the same manner as now required by law; and at each annual election, in addition to the officers now Street com- required by law to be chosen in said village, there shall be missioners. elected by ballot three street commissioners. Duty of liable to do labor. Assessment list. § 2. The trustees of the village of Carthage shall, annualtrustees as to ly, within sixteen days after the annual town meeting in the list of persons town of Wilna, deliver to the clerk of said town a list, subhighway scribed by said trustees, of the names of all the inhabitants in said village who are liable to work on the highways. The commissioners of highways of said town shall assess the inhabitants of said village in the same proportion as the rest of the inhabitants of said town are assessed to work on the highways, but in no case shall more than one day be assessed on any inhabitant of said village as a poll tax. When said commissioners of highways shall have completed said assessment, they shall return the same to the trustees of said village. The assessment lists of highway labor now made by said commissioners of highways on the inhabitants of said village, shall be delivered over to said trustees. Highway labor how laid out. Duties of commission era. §3. The trustees of said village on receiving said assessment list, shall forthwith apportion the same among the street commissioners, and shall cause said work to be laid out in improving and repairing the streets, building and repairing crosswalks, and in building and repairing sidewalks where the trustees may deem it unreasonable to tax the same on the owners of the land adjoining said street, and in constructing and repairing ditches, gutters, and sewers in said village. The street commissioners in said village shall perform the duties of overseers of highways, so far as said duties shall be required to be performed therein; and shall have the same power in compelling the work to be performed as overseers of highways now have by law, and shall receive such compensation for their services as shall be fixed by the by-laws of said village, not exceeding the compensation allowed to overseers of highways. §4. The names of persons left out of any such list, and of Names to be new inhabitants, shall, from time to time, be added to the added to list. said list; and they shall be rated by the trustees of said village in proportion to their real and personal estate, to work on the highway, as others are rated by the commissioners of highways of the said town of Wilna. for money. 5. The trustees of said village, on receiving said list commuta from the commissioners of highways of the said town of tion of labor Wilna, if they or a majority of them shall deem it more advantageous to the interest of said village to make a money assessment, instead of labor, are authorized to make such money assessment, at a sum not exceeding forty cents per day on each inhabitant so assessed or liable to be assessed, and collect the same as they are now by law authorized to collect taxes in the said village of Carthage. Said money when so collected, and paid over to the treasurer, shall be laid out and expended by the trustees, in the same manner as the highway labor is directed to be laid out in the preceding section. § 6. The trustees of said village are hereby authorized, if in their opinion the public good requires it, to lay out and expend not exceeding one half of the said highway assessment in said village in any one year, on the highway leading to and from said village in the town of Wilna. §7. This act shall take effect immediately. Chap. 135. AN ACT to provide for the appraisal and payment of canal damages to Augustus Morgan. Passed April 1, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The canal appraisers are hereby authorized and re- claim to be quired to hear, examine into, and determine the claim of examined. Augustus Morgan, for damages which he alleges he has sustained by an alleged failure of a bridge across the Chenango canal at Binghamton, near the Methodist church in said village, on the 16th day of April in the year 1847; and in case said appraisers shall find on such examination that such alleged damage was occasioned by any neglect on the part of Damages limited to $300. tion. the state officers having charge of that part of the canal, and that the said Augustus Morgan, without any want of care on his part, or without a neglect of proper and ordinary caution and prudence on his own part, sustained any damages by reason of the failure of such bridge, for which he is justly and equitably entitled to compensation from this state, then the said appraisers are hereby authorized and required to ascertain and assess the amount of the damages only for which they find he is justly and equitably entitled to compensation from this state; but such sum shall not exceed the amount of three hundred dollars. But nothing in this section contained shall be construed to authorize the said appraisers to assess damages in respect to any injury which has heretofore been presented to, and passed upon by the canal appraisers. And it is hereby provided and directed that such appraisal, and the award thereon, shall be subject to the provisions of the statutes in relation to the appraisal of damages by said appraisers in other cases. § 2. The treasurer shall pay, on the warrant of the auAppropria. ditor of the canal department, any sum not exceeding three hundred dollars, awarded to the said Augustus Morgan in pursuance of the first section of this act, out of any money in the treasury appropriated or to be appropriated to the payment of canal damages. Interest of Chap. 136. AN ACT to release the interest of the State in certain real estate of which Mary Price died seised, to the county of Cattaraugus. Passed April 1, 1850, " by a two-third vote." The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. All the estate and interest of the people of this state, state releas acquired by escheat, by the death of Mary Price without heirs, in and to a lot of land lying in the town of Otto in the county of Cattaraugus, of which said Mary Price died seised, is hereby released to the supervisors of the county of Cattaraugus, for the benefit of the poor fund of said county. § 2. Said lot of land is described as being part of lot numDescription, ber twenty-two in the fifth township and eighth range, beo property. ing the same land conveyed by Wilhelm Willink and others, by deed bearing date June second one thousand eight hundred and twenty-five, to said Mary Price, in fee; and which deed was recorded in the clerk's office of Cattaraugus county, on the fourth day of August one thousand eight hundred and twenty-five. § 3. Nothing in this act contained shall be construed to Proviso. impair the right of any creditor, purchaser, or lawful heir of the said Mary Price deceased. Chap. 137. AN ACT to provide for the appraisal and payment of canal damages to Charles Ehle. Passed April 1, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The canal appraisers are hereby authorized and re- Claim to be quired to hear, examine into, and determine the claim of examined. Charles Ehle, for damages which he alleges he has sustained by an alleged overflowing of water from the Erie canal, on the sixteenth day of May and the ninth day of December in the year one thousand eight hundred and fortyfour, and an alleged breach in the banks of the canal in the fall of the year one thousand eight hundred and forty-seven, at the village of Canajoharie in the county of Montgomery; also for damages which he alleges the cellar of his store in said village has sustained, by reason of raising the level of the Erie canal; but this last damage is in no case to exceed the expense of making said cellar impervious to water. And in case said appraisers shall find on such examination that such alleged overflowing and breach in the banks was occasioned by any neglect on the part of the state officers having charge of that part of the canal, and that the said Charles Ehle, without any want of care on his part, or without a neglect of proper and ordinary caution and prudence on his own part, sustained any damages by reason of such overflowing and breach and raising of said level of the Erie canal, for which he is justly and equitably entitled to compensation from this state, then the said appraisers are hereby authorized and required to ascertain and assess the amount of the damages only for which they find he is justly and equitably entitled to compensation from this state; but nothing in this section contained shall be construed to authorize the Appropria tion, Recorders' Court con. tinued. Jurisdiction said appraisers to assess damages in respect to any injury which has heretofore been presented to, and passed upon by the canal appraisers. Such appraisal, and the award thereon, shall be subject to the provisions of the statutes in relation to the appraisal of damages in other cases, and subject to the like appeal as in other cases. §2. The treasurer shall pay, on the warrant of the auditor of the canal department, any sum awarded to the said Charles Ehle, in pursuance of the first section of this act, out of any money in the treasury appropriated or to be appropriated to the payment of canal damages. Chap. 138. AN ACT in relation to the Recorder's Court of the city of Buffalo. Passed April 1, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: §1. The court known as the Recorder's Court of the city of Buffalo, is continued with the jurisdiction conferred by this act; but nothing in this section contained affects its jurisdiction of actions or proceedings now pending therein, nor does it affect any judgment or order already made, nor any proceeding already taken. § 2. This court has jurisdiction of the following actions in cases aris- and proceedings, where the cause thereof arises, or the subject thereof is situated, in the city of Buffalo: ing in city of Buffalo. 1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property: 2. For the partition of real property: 3. For the foreclosure of a mortgage of real property: any cause: 5. For the recovery of a penalty or forfeiture imposed by statute: 6. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who by his command or in his aid does any thing touching the duties of the office: |