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Chap. 73.

AN ACT to change the name of Evilena Henley.
Passed March 16, 1850.

The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

§1. The name of Evilena Henley, infant daughter of Amelia Henley, is hereby changed to that of Evilena Henley Houck.

Chap. 74.

AN ACT to amend the charter of the village of Astoria, in
Queens county.

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Passed March 16, 1850, "three-fifths being present.' The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The trustees of the village of Astoria may raise annually, by taxation upon the taxable property of said village, any such sum as the taxable inhabitants of said village may vote at the general election, or at a special meeting called for that purpose, not exceeding fifteen hundred dollars in

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AN ACT authorizing the appraisal and payment of canal damages to Joseph Ogden.

Passed March 16, 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 required to hear and examine into the claim of Joseph Ogden, of the town of Chenango; in the county of Broome, for damages which he alleges were sustained by him in the

made.

years one thousand eight hundred and thirty-nine, one thousand eight hundred and forty-two, one thousand eight hundred and forty-five, and one thousand eight hundred and forty-eight, by reason of breaches in the Chenango canal, where the same crosses his lands. In case the said apprai- Award how sers, in such examination, shall find and ascertain that the said Joseph Ogden hath, by reason of such breaches, sustained any damages, for which he is equitably and justly entitled to compensation from this state, then the said appraisers are hereby authorized and required to ascertain and award the amount of the damages, only for which they find he is and justly equitably entitled to compensation from this state; but nothing in this section contained, shall be con- Proviso. strued 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 further provided and directed, that such finding and 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.

tion.

§ 2. The treasurer shall pay, on the warrant of the audi- Appropria tor of the canal department, any sum awarded to the said Joseph Ogden 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. 76.

AN ACT to revise and consolidate the laws in relation to the village of Whitehall.

Passed March 16, 1850, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

of the vil.

§ 1. That district of country in the town of Whitehall, in Boundaries the county of Washington, comprised within the following lage. specified boundaries, viz: Beginning at the southeast corner of a lot of land known as Whiteford farm, and sold by said Whiteford to John H. Boyd, now occupied by G. W. Ruggles; thence running westerly along the south line of said lot, and on the south line of the lots of John H. Boyd, and continuing the same to Wood creek; thence up Wood creek to the south line of the lot owned and occupied by

Corporate

name.

Power to

Jeremiah Adams, deceased, in his lifetime, and along said line to the southwest corner thereof; thence west to the waters of South bay so called; thence northerly along the shores of South bay, to its mouth, where it intersects the waters of Lake Champlain; thence along the channel of said lake and East bay, so called, on the dividing line between the states of New York and Vermont, to McCotter's bridge, so called; thence southerly in a direct line to the northeast corner of the said Whiteford lot; thence along the east line of said lot to the place of beginning, shall constitute and be designated as the village of Whitehall.

§ 2. The inhabitants of said village shall be a corporation, by the name of the village of Whitehall; and as such shall have perpetual succession, and may sue and be sued, prosecute, complain and defend in any court, and may take and hold all real and personal estate and property that may be conveyed to them for the purposes mentioned in this act, or to accomplish the purposes for which such corporation was created; and may make and use a common seal, and alter it at pleasure; and whenever the trustees of said village shall be authorized to commence any suit or bring any action, or institute any proceedings under and by virtue of this act, or any by-law or ordinance made in pursuance thereof, the same shall be commenced, brought or instituted in the corporate name of said village.

At the annual meeting of the electors of such village to elect village officers, or any special meeting of said elecvote taxes. tors, called as provided by this act, the legal voters in said village shall have power, and may by resolution direct the trustees to cause to be raised by a general tax upon the taxable property in said village, liable to be assessed for taxes, for the purposes hereinafter specified or mentioned in this act, and for no other: Provided, that said electors shall not vote to raise any tax at a special meeting of said electors, unless the notice of such special meeting shall specify the amount and objects of such tax, and the specific sum required or proposed to be raised for each object, and shall state that such special meeting will be called upon to vote in respect to raising the sum or sums so specified.

Trustees and

to be elected.

§3. The inhabitants of said village entitled to vote at any other officers general election in this state, shall meet on the first Monday of February, one thousand eight hundred and fifty-one, and annually thereafter on the first Monday of February, and by ballot and plurality of votes elect five trustees, one clerk, three assessors, one treasurer, one collector, and a harbor master. One One paper ballot shall contain, written or printed,

or partly written and partly printed, the names of all persons for whom the elector intends to vote, designating the office to which each person so named is intended to be chosen; but no ballot shall contain a greater number of names of persons designated to any office, than there are persons to be chosen at that election. And if for any reason there is a failure to elect any or all of such officers at such election, such election shall be continued by proclamation of the clerk or presiding officer, uutil nine o'clock in the forenoon of the next day, for the purpose of filling such offices as were not filled; and the proceedings shall be conducted in the same manner as on the first day, as far as shall be necessary to fill such offices as were not filled. The trustees in office at the time of such election shall be inspectors of such election, and the president shall preside, and in his absence the trustees shall appoint one of their number chairman; and the clerk of said village shall be clerk of such election, and if absent the inspectors shall appoint a clerk of said election; and such elections shall be conducted in all respects, as near as may be, as elections of state officers are required to be, and the inspectors shall have the same powers and authority as inspectors of elections in towns.

fice.

§ 4. Every officer elected or appointed under this act shall, oath of ofwithin ten days after notice of his election or appointment, take and subscribe the oath required by the sixth article of the constitution of this state; and upon neglect or refusal to take such oath, shall forfeit to the said corporation the sum of five dollars.

elect a presi.

§ 5. It shall be the duty of the trustees, or a majority of Trustees to them, within ten days after their election, to assemble in dent. some convenient place, in said village, to be designated by the clerk, and there to choose and appoint some one suitable. person of their body to be president of the said board of trustees; whose duty it shall be, when present, to preside at the meeting of the trustees; to order extraordinary meetings of the trustees whenever he shall think proper; to receive complaints of the breach of any laws; to see that the bylaws, rules and ordinances are faithfully executed and observed, and to prosecute, in the name of the trustees, all offenders against such by-laws; and whose duty it shall be more particularly to see that the public property, belonging to the said village, be suitably taken care of, and kept in order, and to do such other acts and things as may be proper for him as president of the board of trustees to do; and in case of the death or disability of such president, the said trustees shall proceed to choose out of their body a successor in

Special

meetings.

Streets and sidewalks.

Animals at large.

Running of

guns, &c.

manner as above mentioned; and it is hereby made the duty of the said trustees to keep or cause to be kept a record of their doings, especially of the passing of their by-laws, rules and regulations.

§ 6. The trustees shall have the power to call special meetings of the inhabitants of said village, which meetings shall be called and conducted in the same manner as annual meetings; and a call for a special meeting shall at any time be made upon the application, in writing, of twelve freeholders therein, stating the object of such call.

§ 7. The trustees of said corporation shall have power, and it shall be their duty,

1. To prevent and remove obstructions and encroachments upon the public streets, squares, landing places and sidewalks; to regulate, grade, pitch and curb the same, and to plant and protect trees in said village; and any expense incurred in suits instituted to prevent or remove obstructions or encroachments, shall be paid out of the contingent fund. 2. To prevent and restrain cattle, horses, sheep, swine and other animals, from running at large in said village.

3. To prevent immoderate riding, driving or running of horses, firing horses or other animals; to regulate and prevent the firing of guns, squibs, crackers or other preparations of gunpowder or other combustible materials therein; and to prohibit the keeping of more than twenty-five pounds of powder in any shop, store, house, or other building.

Highway

tax.

Fire

4. To superintend and direct all public improvements and expenditures upon the streets, sidewalks, public squares and places of said village, and may appropriate and expend all moneys raised for highway tax for such purposes.

5. To purchase fire engines, hooks, ladders, buckets and other apparatus; to make, establish and regulate public wells, cisterns, reservoirs, conduits and pumps, for the prevention and extinguishing of fires; and to take, hold, purchase and convey such real and personal estate as may be required for erecting engine, hook and ladder houses; for digging and making such sisterns, reservoirs and conduits, and also a room of convenient size for an office for the clerk of said village, and purchase the furniture, desks, and cases necessary therefor; and procure a suitable map to be made of the said village, to be kept in the clerk's office, and cause copies to be made thereof if they think necessary; and to cause the village property to be kept in repair, and insured against loss by fire; and, in their discretion, require the owners of dwelling houses, shops, stores and other buildings, to pro

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