Village of Chap. 39. AN ACT to amend an act entitled "An act to vest certain powers in the freeholders and inhabitants of the village of Waterford," passed April 6, 1801. Passed March 2, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The village of Waterford, in the county of Saratoga, road district, is hereby constituted a separate road district, and the same shall be exempt from the superintendence and control of the commissioners of highways of the town of Waterford; and the trustees of said village, or a majority of them, shall have all the powers over the said road district, and shall discharge all the duties which by law are given to and enjoined upon be commis. the commissioners of highways; and the said trustees shall, Trustees to sioners of highways. Collector. Notice. once in each year, and oftener in case the office shall become vacant, appoint some suitable person overseer of highways for said road district, who shall hold his office for the term of one year, and until another shall be appointed in his place; and the said overseer so appointed shall have all the powers, and discharge all the duties, under the advice and direction of said trustees, which by law are given to and enjoined upon overseers of highways; returning his list and being accountable to said trustees, in the same manner as other overseers of highways are required by law to do, to the town clerk and commissioners of highways. § 2. Whenever any collector of taxes for said village shall have received any warrant for the collection of taxes, he His duties. shall immediately thereafter cause notice of the reception thereof to be posted up in three public places in said village, and so located as will be most likely to give notice to the inhabitants of said village, and shall designate in such notice a central and convenient place in said village, where he will attend from nine o'clock in the forenoon until four o'clock in the afternoon, at least once in each week, for fifteen days, on a day also to be specified in such notice, for the purpose of receiving payment of taxes, and it shall be the duty of said collector to attend accordingly; and any person may pay his taxes to such collector at the time and place so designated, or at any other time or place, on paying one per cent fees thereon, within fifteen days from the first posting of said notice; and no collector of taxes for said His fees. village shall receive over one per cent fees for receiving or § 3. This act shall take effect immediately. Chap. 40. AN ACT to release the interest of the state in certain real estate, of which Hugh Hamell died seised, to Mary Hamell, his widow. Passed March 2, 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, right, title, and interest of the people Estate vested in Mary Ha. of this state in and to any real estate of which Hugh mell. Hamell, late of the town of Hyde Park in the county of Dutchess, died seised, situated in said county, is hereby released to and vested in Mary Hamell, widow of said deceased, her heirs and assigns forever. § 2. Nothing in this act contained shall prejudice or affect Proviso. the rights of any creditor, purchaser in good faith, or lawful heir of the said Hugh Hamell. §3. This act shall take effect immediately. Chap. 41. AN ACT in relation to the Court of Appeals. Passed March 2, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: In case of governor to § 1. Whenever any judge of the court of appeals, being a justice of the supreme court, shall be absent from the court, absence, or there shall be a reason to believe that he will not attend, designate a the governor shall designate some justice of the supreme judge. court, from the class of justices having the shortest time to serve, to supply the place of such absent judge; and such Justice; his powers and liabilities. Time and mode of election. First election. His office. justice shall attend and be a judge of the court of appeals, until such absent judge, or some one duly qualified to take his place, shall attend the court. 2. The last clause of section two, title one, chapter three of the third part of the Revised Statutes shall not apply to any judge of the court of appeals. 3. This act shall take effect immediately. Chap. 42. AN ACT to authorize the election of a police justice in the town of Newburgh. Passed March 2, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. There shall hereafter be a police justice in the town of Newburgh, who shall reside in the village of Newburgh, and who shall hold his office for the term of four years, and have the same powers and jurisdiction in criminal cases and proceedings that justices of the peace now by law have, or which may hereafter be conferred on justices of the peace by law, and shall be subject to the same duties and liabilities as the justices of the peace of the several towns of this state. § 2. Such police justice shall be elected by the electors of the town of Newburgh, at the annual town meeting in said town, and in the same manner as justices of the peace and other town officers are elected, except that there shall be a separate ballot for such police justice, which shall be endorsed "Police Justice;" and such ballots shall be deposited by the officers presiding at such town meeting in a separate box to be by them provided for that purpose, and a separate poll list shall be kept of persons voting for such police justice. § 3. The first election of such police justice shall be had at the next annual town meeting in said town, and the person then duly elected shall enter upon the duties of his office on the first day of May thereafter, on which day his term of office shall commence; and in case of a vacancy of such office, the same shall be supplied in the same manner as vacancies in the office of justice of the peace are supplied. § 4. The said police justice shall provide himself with a suitable and convenient room in the village of Newburgh, at which he shall attend at all reasonable times and hours for the transaction of all business and complaints of a criminal nature that may be brought before him; and his removal from said village shall be deemed and held to create a vacancy in said office. tion. § 5. Such police justice shall have in said town exclusive His jurisdic jurisdiction, except in case of his absence from said town, or inability from sickness or other cause to act, to hear all criminal complaints, and to conduct all other criminal business in said town that may by law be done by a justice of the peace. the peace criminal § 5. No justice of the peace of the said town of Newburgh Justices of shall be bound to render any service, or be entitled to receive not to do any fees in criminal cases, except during a vacancy in the business. office of police justice, and except that in case a complainant shall, by his own oath or that of some other person, prove to a justice of the peace that said police justice is absent from the town, or is sick or otherwise unable to attend to such application, and the offence charged be of the degree of felony, then the justice to whom such application shall be made, shall issue a warrant to apprehend the person charged with the commission of the offence, and shall be entitled to receive therefor the fees allowed by law; but every such warrant shall be made returnable before said police justice. constables. § 7. It shall be the duty of every constable arresting any Duties of person on a criminal warrant returnable before any justice of the peace in said town, to take such prisoner before the said police justice, who shall proceed thereon as if he had issued such warrant; and any constable arresting any person on a criminal warrant returnable before such police justice, whether issued by him or any justice of the peace, shall take the person so arrested to the police justice's office forthwith; and in case the police justice shall be absent from the town, or by reason of sickness or any other cause shall be unable to inquire into the case, then the constable shall take the prisoner so arrested before one of the justices of the peace of the town of Newburgh, who shall proceed thereon, and be entitled to fees for his services. §8. The said police justice shall not be entitled to receive Salary $500. for his own use any fees for services performed by him, but shall receive an annual salary of five hundred dollars; and he shall keep a book in which he shall enter all business done by him. He shall make out his account of all business done by him in Account of cases of felonies against the county of Orange, in the same kept. manner as bills of justices of the peace in like cases, and in which he shall charge the fees as allowed by law to justices of the peace, and which shall be duly verified by him, and which shall be audited by the board of supervisors, and the fees how Costs against com. plainant. Fines. Account to whom rendered. Time ex tended. amount audited shall be levied upon the county as other county charges, and paid over to said police justice towards his salary. In all cases where the complainant shall be adjudged to pay the costs, the said police justice shall tax for his services such fees as are allowed by law to justices of the peace for like services, which costs shall be collected according to law, and when collected by said police justice, shall be retained by him on account of his salary; and all fines imposed by said police justice shall be received by him from the person who shall collect the same, and shall be accounted for by him as so much received on account of his salary; and said police justice shall annually render an account on oath to the supervisor of the town of Newburgh, in writing, in which shall be specifically stated the amount allowed to him by the board of supervisors, the amount received by him for such costs as aforesaid in every case, and the amount of fines received by him in every case; and he shall be entitled to receive from said town all the residue of his annual salary that may be due, after applying to the payment thereof the moneys so received by him as aforesaid; and in case the amount of such sums shall exceed his salary, he shall forthwith pay the excess to said supervisor, for the use of said town. § 9. This act shall take effect immediately. Chap. 43. AN ACT to extend the time for the collection of taxes in the town of Hempstead, Queens county. Passed March 4, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. If the collector of taxes in the town of Hempstead in the county of Queens, shall pay over all moneys by him collected, and shall renew his securities to the satisfaction of the supervisor of said town of Hempstead, the time for collecting and making the final return of taxes in the said town shall be extended to the first day of April next. § 2. This act shall take effect immediately. |