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said officers, or any of them, shall have power to command assistance whenever it shall be deemed necessary, the same as town constables, and with like effect.
§ 10. All acts and part of acts inconsistent with the provisions of this are hereby repealed.
§ 11. This act shall take effect immediately.
AN ACT in relation to the sale and use of opium.
PASSED May 15, 1882 ; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Every person who opens or maintains, to be resorted to When and by other persons, any place where opium, or any of its preparations, is where sold or given away, to be smoked at such place; and any person who not to be at such place sells or gives away any opium, or its said preparations, given to be there smoked or otherwise used, and any person who visits or re- away, etc. sorts to any such place for the purpose of smoking opium or its said preparations, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the penitentiary not exceeding three months, or by both such fine and imprisonment.
82. This act shall take effect immediately.
AN ACT to release the right, title and interest of the people
of the state of New York in certain portions of the Genesee Valley canal.
Passed May 16, 1882 ; by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. All the estate, right, title and interest of the people of the state of New York of, in and to the real estate, reservoirs, dams state and water privileges taken and appropriated for the purpose of con- released structing and operating the Genesee Valley canal, is hereby granted, released to and vested in the persons named in the two subdivisions of this section, as sold to said parties by the superintendent of public works under and by virtue of chapter four hundred and four, laws of eighteen hundred and seventy-seven, and the several acts amendatory thereof, such sales being approved by the canal board July eighth, eighteen hundred and cighty-one, and they, and each of them, are hereby authorized and empowered to hold, grant, devise and convey the same. 1. All the real estate appropriatel by the state of New York for the
Premises. Wiscoy reservoir, to the transit line, and situate within the boundary line of Moses Taggart's land, in the county of Allegany, including the reservoir, dam, and water privilege rested in Moses Taggart of Batavia, New York.
2. All the real estate appropriated for the Ischua reservoir, and the feeder leading from said reservoir to the acqueduct* across Oil creek, so called, being all the lands appropriated by the state of New York for said reservoir and feeder situate in the county of Cattaraugus, including the reservoir, dam, water privilege and other appurtenances connected therewith, vested in 0. W. Chamberlin, of Ischua, New York.
8 2. Except as provided by section one, all the estate, right, title, interest and property which the people of this state have heretofore acquired, and now have in and to all the lands and water privileges taken and appropriated for the purpose of constructing and operating that portion of the Genesee Valley canal, commonly known as the Dansville branch, extending from a point in the village of Dansville, in the county of Livingston, to the main line of said canal, and that portion of said canal known as the Wiscoy feeder in the county of Allegany, extending from the boundary line of Moses Taggart's land to the main line of said canal, shall revert to and is hereby granted, released to and vested in the person or persons owning the lands adjoining to the center of the prism of said canal and feeder, in consideration of, and upon condition precedent that such owners shall file with the superintendent of public works an instrument, in writing, under their hands and seals, duly acknowledged, releasing and discharging the state from all obligation to maintain the bridges and other structures connected with said canal and feeder, and from all liability for damages arising from the abandonment thereof. Whereupon they and each of them are hereby authorized and empowered to hold, grant, devise and convey the same. Nothing in this act shall in any way affect the lands of the Dansville side-cut and basin situate in the village of Dansville, as sold
and conveyed to John McCurdy, Superin. § 3. It shall be the duty of the said superintendent of public works, tendent to
upon the receipt of any such acceptance and release as is provided for approval in the foregoing section, if the same shall be deemed sufficient for the on release.
purposes of this act to indorse his approval thereon and file the same
in his office. Certified 8 4. All copies of releases executed to the people of the state of New sepies may York, under section two of this act, certified by the superintendent of recorded. public works, under his hand and the seal of his said office, to be true
copies of the original, as approved and filed in his office, providing the said original release is proved or acknowledged in the manner in which conveyances of real estate are required to be, for the purpose of record, may be recorded by the clerk of the county, in which the lands referred to in the release are situate, in the books in which deeds are recorded and indexed in the name of the state of New York as grantor, and in the name of the releasor as grantee, for which service clerks of counties shall be entitled to the compensation now allowed by law for recording conveyances of real estate.
8 5. The record of any such certified release, or a certified copy of the record thereof, shall at all times and in all places be evidence, and of the same force and effect as though the original was produced and proved. $ 6. This act shall take effect immediately.
* So in original.
AN ACT to amend chapter six hundred and fifteen of the
laws of eighteen hundred and seventy-four, entitled “An act to incorporate the Oneonta Water-works Company, and to anthorize the trustees of the village of Oneonta to take and lease lands and water for the purpose of said company, re-enacted by chapter forty-one of the laws of eighteen hundred and eighty-one.
PASSED May 16, 1882.; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION. 1. Section four of chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four, entitled “An act to incorporate the Oneonta Water-works Company and to authorize the trustees of the village of Oneonta to take and lease lands and water for the purpose of said company,” re-enacted by chapter forty-one of the laws of eighteen hundred and eighty-one, is hereby amended so as to read as follows :
$ 4. The concerns of said company shall be managed by five direct- Directors ors, who shall be stockholders, and who shall hold their office one year tirants and until others are chosen in their places. The annual election of directors shall be held hereafter on the first Wednesday after the second Tuesday in January of each year, at such place in the village of Oneonta and at such hour of the day as the directors shall appoint. Notice of such election shall be published once in each week for two weeks immediately preceding such election in a newspaper published in said village. Each stockholder shall be entitled to one vote upon each share of stock held by him or her at the time of such election. The election shall be by ballot, and votes may be given either in person or by proxy.
8 2. Section fifteen of said act is hereby amended so as to read as follows:
$ 15. Any person or persons who shall maliciously or willfully de- willful stroy, injure, or deface any of the works or property of said company, injuries to or who shall maliciously or willfully do any act which shall injuriously how to be affect or tend to injure the water or works of said company shall be guilty of a misdemeanor and may be punished by a fine or imprisonment, or by both fine and imprisonment in the discretion of the court, and shali also forfeit and pay to the company treble damages sustained thereby, to be recovered in the name of the company in any court having cognizance thereof, with costs.
§ 3. This act shall take effect immediately.
Free School district number one of the town of Olean, Cat-
Passed May 16, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Trustees SECTION I. The trustees of Union Free School district number one may of the town of Olean are hereby authorized and empowered to employ employ a superin- in behalf of said district a superintendent of common schools who tendent.
shall under the direction of said trustees have the general supervision of all the public schools in said district and perform such duties as
the said trustees may prescribe. Powers § 2. Said Union Free School district number one, of the town of conferred Olean, in the county of Cattaraugus, ehall upon and after the passage
§ 3. This act shall take effect immediately.
AN ACT to authorize town officers of towns bordering upon
the city of Newburgh, Orange county, to appoint special police constables when the public interests require it.
PASSED May 16, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. In any town bordering upon the city of Newburgh, bordering Orange county, the supervisor, justices of the peace and town clerk, or a
majority of them, shall be authorized, whenever they may consider the anpoint police public interests require it, to appoint special police constables, not exconstables.
ceeding five in number, who shall hold their offices for such period as said town officers shall designate, not exceeding sixty days under any one appointment. All such appointments shall be in writing, one of which shall be given to the person or persons so appointed and the other filed by the town clerk in his office, and shall state ihe time for
which appointed, and the rate of compensation not exceeding two Powers of dollars per day. Such special police constables shall forth with take
the oath of office, and shall thereupon be vested with the power of executing and serving any criminal process which may be issued by a justice of the peace, district attorney, or other officer having power to issue criminal process, and may take before any justice of the peace of the town any person who may in view or in the presence of such special police constable be guilty of any offense against the laws of this state, and to do and perform all acts in relation to criminal offenses which constables of the towns of this state are authorized to perform. The compensation of such special police constables shall be audited by the town auditors, and be raised and paid as other town charges.
$ 2. This act shall take effect immediately and remain in force and effect for the period of eighteen months from and after its passage, at the expiration of which time it shall cease and be of no effect.
AN ACT to amend chapter eighty-three of the laws of eighteen
hundred and sixty, entitled "An act to consolidate and amend the several acts relating to the village of Warsaw, and to enlarge the powers of the corporation of said village.
Passed May 16, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. The second section of title seven of chapter eighty-three of the laws of eighteen hundred and sixty, entitled "An act to consolidate and amend the several acts relating to the village of Warsaw, and to enlarge the power of said village,” is hereby amended so as to read as follows:
§ 2. Every male inhabitant of said village, being above the age of twenty-one years, except those persons who are now exempt by law from assessment for such purposes, shall be assessed to work upon the public highways of said village one day in each year. The superintendento highways for said village shall give at least twenty-four hours' notice to all such inhabitants so assessed and residing in said village, of the time and place when and where they are to appear for that purpose. The inhabitants so assessed may severally elect to commute for the same at the rate of one dollar for each day, in which case such commutation money shall be paid to the superintendent of highways of said village within twenty-four hours after such notice, to be applied and expended by such superintendent under the direction of the trustees in the improvement of the roads, avenues, streets, lanes, and crosswalks of said village. Every person so assessed and duly notified, who shall not commute, and who shall refuse or neglect to appear and work as above provided, shall be liable to a penalty of one dollar and fifty cents, unless excused by the trustees of said village from such labor, or such penalty be remitted by them.
2. The said trustees shall also have power to assess, levy, and col- Highway lect by tax upon the taxable inhabitants and property in the said vil- tax. lage, annually, such an amount, denominated highway tax, as they shall deem necessary, not exceeding the sum hereinafter specified"; which highway tax shall be assessed as follows, namely, upon all persons owning property and estate, real or personal, incorporated companies,