act of 1845. 32. So much and such parts of the act entitled "An act Parts of to authorise the trustees of the village of Williamsburgh, to to continue raise money by loan or tax, to pay certain debts, and provide in force. for the speedy liquidation and settlement of certain disputed matters and claims in said village," passed May 13, 1845, as relates to the appointment, powers and duties of a general referee, shall continue in force, and any referee appointed or to be appointed thereunder, shall continue in office for one year from and after the time this act shall take effect, and such referee shall have power to close and terminate any business bronght before him within the time herein specified. abolished. 33. The offices of town pound-master and inspectors of Offices village elections, are hereby abolished, and all the duties heretofore performed by the said inspectors of yillage elections, shall be performed by the inspectors of elections elected in and for the town of Williamsburgh, in addition to their present duties. town meet held and §34. The annual town' meeting of the town of Williams- Annual burgh, shall hereafter be held at the same time and places ing when appointed for the village election. The trustees of the village how conshall cause to be provided three ballot boxes in each election ducted. district, upon which respectively shall be inscribed "Town," "Village," and "District." The ballots for town officers shall contain the names of the officers heretofore elected at the annual town meetings, except as herein provided,shall be endorsed "Town officers," and shall be deposited in the box marked "Town." The ballots for village officers shall contain the names only of the persons voted for president, clerk of the board of trustees, street inspector, well and pump inspector, three marshals, keeper of the cells and village treasurer; they shall be endorsed "Village officers," and be deposited in the box marked "Village." The ballots for district officers shall contain the names of three trustees, two assessors, one collector and one commissioner of excise; they shall be endorsed "District officers," and be deposited in the box marked. "District." All the votes so given shall be canvassed immediately after the close of the polls without adjournment, and the result shall be certified in the manner now provided by the act hereby amended, except the votes for town officers, which shall be certified in the manner now provided by law in relation to town officers. eleoted. §35. There shall hereafter be elected in the said town of Two superWilliamsburgh, two supervisors, and the collectors of said visors to be village shall pay over the money collected by them for town expenses, to each of said supervisors equally. The supervisors shall be voted for on the ballot inscribed town officers, as provided for in the next preceding section. 36. The legal expenses of the elections provided for in Expenses and by this act, and the act hereby amended, shall be paid how paid. Powers of justices of by the trustees of the village, out of the funds thereof, and in the same manner in which other village expenses are paid. 37. All the provisions of the law in relation to "sumthe peace. mary proceedings to recover the possession of lands in certain cases, so far as the same are or can be exercised by the county judge of the county of Kings, are hereby extended and may be exercised by the justices of the peace elected, or who may be elected in the town of Williamsburgh, but nothing herein contained shall be so construed as to authorise any of the said justices to issue any process to recover possession of land not situated within said town. Annual town tors 38. The board of town auditors of said town of Wilmeeting of liamsburgh, shall hereafter hold their annual meeting for auditing town accounts, on or before the first Monday of July in each year; they may adjourn from day to day as may be necessary, but the whole time of adjournment shall not exceed twenty days from the time of their first meeting. Repeal. Claim to be investigated. § 39. All laws and parts of laws inconsistent with this act, are hereby repealed. § 40. This act shall take effect immediately. CHAP. 91. AN ACT to provide for the appraisement and payment of Passed March 15, 1848, "three-fifths being present.' §1. The canal board are hereby authorised and required to investigate the claim of Henry B. Hewett and William Beach, for the loss of their canal boat N. P. Stone, of Rochester, and her cargo, while navigating the Erie canal on or about the 14th of May, 1847, and if it shall satisfactorily appear to such board on investigation, that the said boat and cargo was damaged by reason of the concealed bent or post at the bridge where such injury happened for the want of ordinary care on the part of the state officers, without the fault of the officers or crew of the said canal boat, and that said Henry B. Hewett and William Beach, have a just and legal claim against the state for loss and damage arising from loss of said boat; the said canal board are hereby required to ascertain the amount of damage and loss sustained by said Henry B. Hewett and William Beach, over and above the amount of any insurance on said boat and cargo, which have been or may hereafter be collected, by reason of the injury done to the canal boat, and to certify the same to the commissioners of the canal fund. paid. §2. The commissioners of the canal fund shall pay to the Amount said Henry B. Hewett and William Beach, the amount which when to be shall be certified in pursuance to the first section of this act out of any monies in their hands appropriated or to be appropriated for the payment of canal damages. §3. This act shall take effect immediately. CHAP. 92. AN ACT to erect the town of Gilboa from Broome and Blen heim. Passed March 16, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: erected. § 1. All that part of the towns of Broome and Blenheim, Town of in the county of Schoharie, that is included within the fol- Glboa lowing described boundaries shall be a town, and shall be called Gilboa beginning at the centre of the Schoharie creek where the Mauer kill empties into the same, thence along the northwesterly bounds of the town of Conesville to the extremity thereof, being the northwest corner of said. town, thence easterly on the boundary line between the towns of Broome and Conesville to the east line of a lot of land owned and occupied by James Barlow as a farm, thence northerly on the said east line and the east line of a farm now occupied by Alva Hollenback in a strait line to the east of Keyser kill, commonly called Black brook, thence northerly along said Black brook and said Keyser kill to the north line of the present town of Broome, thence easterly along and upon said north line to the division line between Broome and Blenheim, thence southerly along and upon such division line till it comes to the centre of the Schoharie creek, at the eastern extremity of the boundary line between lots U and V in the Blenheim patent, thence along said boundary line westerly to the west extremity thereof, thence in a northwesterly direction on and along the boundary line between lots H and G, one hundred and fifty-one and one hundred and fifty-two, one hundred and thirty-five and one hundred and thirty-six, one hundred and nineteen and one hundred and twenty, one hundred and three and one hundred and four, eighty-seven and eighty-eight, seventy-one and seventy-two, fifty-five and fifty-six, in said Bleinheim patent to the east line of the town of Jefferson, thence in a south westerly direction along said east line to the south bounds of Schoharie county, thence in a southeast direction along said south boundary to the boundary line between the First town towns of Blenheim and Conesville, thence in a northerly direction along said boundary line to the place of beginning. §2. The first town meeting in said town shall be held on meeting the twentieth day of April next, at the public house now kept and occupied by Stephen Briggs, and in each year thereafter the annual town meeting in the said town of Gilboa shall be held on the third Tuesday of February, until the time be changed in the manner prescribed by law. How to be §3. Hiram Fredenburgh, James G. Mackey and Luman conducted. Reed shall preside at such first town meeting, and shall pos sess all powers relative to the same that justices of the peace possess at town meetings, and in case they or either of them shall refuse or neglect to serve, the said town meeting shall have power to substitute some elector of said town for each one so refusing or neglecting to serve. Official acts confirmed. Liabilities ures remit §4. This act shall take effect on the twentieth day of April next. CHAP. 93. AN ACT to confirm the official acts of Samuel G. Gage, a Passed March 16, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. All the procee:lings which have been had by and before Samuel G. Gage, a justice of the peace of the town of Benton, in the county of Yates, since the first day of January, eighteen hundred and forty-eight, shall be held to be of the same force and validity, as if the said Samuel G. Gage had taken the oath of office within the time, and in the manner prescribed by law and the constitution of this state. §2. All liabilities and forfeitures incurred by the said and forfeit- Samuel G. Gage, for having executed any of the duties of the said office of justice of the peace, without having taken the oath within the time prescribed by law, are hereby remitted. ted. Saving clause. §3. This act shall not affect the right of any party to any suit or legal proceedings, which may have been had or commenced in consequence of the invalidity of any proceedings before the said justice, previous to its passage. §4. This act shall take effect immediately. CHAP. 94. AN ACT to secure to school districts number four in Edmeston, and number six in the town of Pittsfield, in the county of Otsego, the legacies of Adin Deming, deceased. Passed March 16, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: fund be to Edmeston. § 1. The fund bequeathed to school district number four Name of in the town of Edmeston, in the county of Otsego, by Adin queathed Deming, late of the said town of Edmeston, deceased, shall Dist. No 4, be denominated the "common school fund of school district number four, in the town of Edmeston, in the county of Otsego," and the same shall be preserved inviolate; and the "trustees of the common school fund," in the said town of Edmeston, for the time being, are hereby authorised and directed to receive the said fund and invest the same, and appropriate the income thereof in the manner and for the purposes hereinafter directed. bequeathed §2. The fund bequeathed to school district number six, of fund in the town of Pittsfield, in the county of Otsego, by the said to Dist. No Adin Deming, deceased, shall be denominated, the "com- 6, Pittsfield mon school fund of school district number six, in the town of Pittsfield, in the county of Otsego," and the same shall be preserved inviolate; and the "town superintendent of common schools for the said town of Pittsfield," for the time being is hereby authorised and directed to receive the said fund and invest the same, and appropriate the income thereof in the manner and for the purposes hereinafter directed. school established 3. The place designated in the last will and testament site of of the said Adin Deming deceased, as the site for the school house in house in school district number six, in the said town of Pitts- Dist. No. 6 field, is hereby established as the site for the said school house, and the trustees of the said school district number six are hereby authorised and directed to levy and collect from the taxable inhabitants and property of their district, omitting lots number fifteen, sixteen, seventeen and twentynine, in Wharton's manor, such sum as they shall deem necessary, not exceeding two hundred dollars to defray the expenses of removing the present school house on to the site above designated and established, or for erecting a new school house thereon, as shall be determined by a majority of the legal voters of said district, at a meeting which shall be called for that purpose by the said trustees within three months from and after the passage of this act; and such school house shall either be removed or a new one built as aforesaid, on or before the first day of September, eighteen hundred and forty-eight. |