how ap penalties recovered and collected shall be paid one-half Penalties; to the person by whom the action is brought, and the plied. other half to the commissioners of highways of the town wherein the action is brought, to be by them expended on the highways in said town. Chap. 527. AN ACT to amend an act entitled "An act to incorporate the village of Mohawk," passed April sixteenth, eighteen hundred and fortyfour. Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion of trustees. tion of SECTION 1. It shall be lawful for the present lot own- First elecers, and those hereafter owning lots, and those having cemetery care and charge of the lots in the Mohawk village cemetery, to elect three trustees, the same to be the Qualifica owners of lots in said cemetery and residents of the vil- voters. lage of Mohawk; the first election of said trustees under this act shall take place at the next annual election of charter officers in the said village of Mohawk. The Election board of trustees of the village of Mohawk shall be the how coninspectors of said election, and shall conduct the same ducted.. and receive the votes of the persons hereinbefore designated as voters, and shall provide a separate box in which to deposit the votes aforesaid, and shall canvass the votes and declare the result, the minutes of which proceedings shall be recorded by the village clerk in the book of records, in and for said village. thereof; ballots. 2. The ballot shall contain, at the first election Form of aforesaid, the names of not exceeding three persons, all of which shall be lot owners and residents of said village, which ballot shall be indorsed "Cemetery Trustees." §3. The three persons who shall each receive the Declara greatest number of votes, shall be elected, and declared ton of by the inspectors of election aforesaid to be duly elected to the office of trustees as aforesaid, for the cemetery tion of trustees. Classifica aforesaid; immediately after the canvassing of the votes and declaring the result as herein provided, the presiding officer at the election aforesaid shall write the names of each of the trustees elected as aforesaid upon separate slips or pieces of paper, as near the same size as possible, and shall fold the same up and put them into a box prepared for that purpose, and shall, in the presence of the said inspectors, separately draw the names of the persons aforesaid from the box aforesaid, and the name of the first person drawn in the manner aforesaid shall hold the office of cemetery trustee for one year, the second for two years, and the third for the term of three years after the said election aforesaid. Trustees to have con trol of cemetery. Future ǝlections. Clerk and treasurer. Duties of clerk. Treasurer to exccute official bond. § 4. From and after the annual election before mentioned, the trustees elected as aforesaid shall be the trustees of the said Mohawk village cemetery, and as such trustees shall have exclusive charge, control and management of said cemetery. § 5. Thereafter there shall be annually elected in the village of Mohawk aforesaid, at the annual election aforesaid in the manner aforesaid, trustees of the said cemetery to supply the places of those whose terms, by the classification aforesaid, are about to expire. 6. The said trustees, after their said election, shall appoint one of their number as a clerk of said board of cemetery trustees, and another as treasurer. § 7. It shall be the duty of said clerk appointed as aforesaid, and his successors in office, to keep in a book to be provided by said trustees, minutes of the proceedings of the said board, of all their general and special meetings; also to record the name of each lot owner and the number of the lot owned by said lot owner, which said record shall be used by the trustees of the village to determine who are qualified voters under this act. It shall also be the duty of the clerk to call all general or special meetings of the trustees by giving at least six hours' notice of the time and place of holding such gen. eral or special meeting. § 8. It shall be the duty of the treasurer of said board of trustees, immediately after he is appointed, to give to the president of the village of Mohawk a bond, in the penalty of not less than five hundred dollars, for the faithful accounting and paying over to his successor in office of all moneys that may come to his hands as treasurer of said board of cemetery trustees. treasurer. § 9. It shall be the duty of the treasurer to collect all Duties of moneys for lots sold by said trustees, and all assessments made by said trustees on owners of lots for the purpose of paying the expense of necessary fencing said grounds, and improving and taking care of said cemetery and the lots, roadways and alleys thereon, and for constructing the necessary vaults and such other expenses as may be deemed necessary by said trustees for said cemetery, and to pay for any additional lands necessary. ments owners. § 10. The said trustees shall have the power to assess Assessthe owners of lots, or persons having the care of lots, upon lot for the necessary expense of properly keeping in repair and improving said lots, provided that no special improvements on any particular lot shall be chargeable on other lots. Said trustees shall have the power to con- Trustees tract for and incur an indebtedness for the purchase of chase addilands for an addition to the cemetery, and shall lay out grounds. the same in lots and shall procure a map of said addition Map and of the present cemetery, to be made by a competent civil engineer, who shall plat and number the lots in said cemetery, which same shall be recorded in the county clerk's office of the county of Herkimer. tional thereof. lots. § 11. The trustees hereinbefore mentioned shall fix Price of the price at which they will sell any lot or lots, and all expense of grading, the same shall be paid by the purchaser, and said clerk of said cemetery trustees shall, in Deeds the name of said board of cemetery trustees, give and deliver deeds of the lots so sold. therefor. Trustees cemetery tions. to manage and addi 12. The trustees herein mentioned shall have the full control and management of the present cemetery, as well as of all or any additions that may be made thereto, and, whenever the said trustees shall deem it necessary to purchase any additional land for cemetery use and purposes, they shall cause the same to be laid out, and a map of said additions, with the number of each lot thereon, to be filed as aforesaid, and they Maps of shall have made and retain a true copy of the map or and addimaps of said cemetery, and the additions thereto to be tions. cemetery Repeal. kept by the clerk of said board of trustees of said cemetery. § 13. All acts inconsistent with this act are hereby repealed. 14. This act shall take effect immediately. Chap. 528. AN ACT to authorize the town auditors of the town of Ellington, Chautauqua county, to audit the accounts, costs and damages of the late commissioners of highways of said town. Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of town auditors of the town. of Ellington, county of Chautauqua, is hereby authorized to audit the amount of the expenses, costs and damages that accrued to Joel Slater, George Anderson and Augustus Rice, late commissioners of highways of said town, by reason of a suit of injunction brought by said commissioners in their name of office against George T. Champlain, to prevent or restrain said Champlain from turning the waters of Clear creek into the public highway, known as the Clear Creek road, which obstruction to turn the waters as aforesaid was in process of construction at and before the time of service of said injunction. Said amount of expenses, costs and damages, may be audited in the same manner that the accounts of town officers are audited. § 2. This act shall take effect immediately. Chap. 529. AN ACT to authorize the Commissioners of the Land Office to vacate a certain patent, issued to William Hamilton, to lands claimed by the widow and heirs of William Johnson, deceased, of the Oneida Indians. Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: upon letters patent may be vacated. SECTION 1. The Commissioners of the Land Office are Conditions, hereby authorized to vacate a certain patent, issued on which or about the seventeenth day of December, eighteen hundred and sixty-seven, to William Hamilton, to certain lands claimed by the widow and heirs of William Johnson, deceased, member of the Oneida tribe of Indians, for twenty-eight acres of land situate in the town of Vernon, Oneida county, and being lot number two of the Orchard Indian purchase of June twentyfifth, eighteen hundred and forty-two, provided the same was obtained illegally or by error, or by mistake of law or facts. missioners, compensa and heirs. §2. And in case it shall satisfactorily appear that Land comsaid William Hamilton was legally entitled to said may make patent for said premises, then said commissioners are tion hereby authorized and required to make to said widow widow and heirs of said William Johnson, such compensation. as shall in their judgment be equitable in the premises, taking into consideration the value of said lands at the date of such sale to said Hamilton. §3. This act shall take effect immediately. |