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Vacancies in elective offices.

When

may be

to preside at elections.

Chap. 34.

AN ACT to amend chapter two hundred and seventy-seven of the laws of eighteen hundred and sixty-eight, entitled "An act to amend an act entitled An act to provide for the incorporation of villages," passed December seventh, eighteen hundred and forty-seven, and the several acts amending the same, so far as relates to the village of Baldwinsvill,* Onondaga county.

PASSED February 21, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section five of title two of chapter two hundred and seventy-seven of the laws of eighteen hundred and sixty-eight, entitled "An act to amend an act entitled An act to provide for the incorporation of villages," passed December seventh, eighteen hundred and forty-seven, and the several acts amending the same, so far as relates to the village of Baldwinsville, Onondaga county, is hereby amended so as to read as follows:

§ 5. If any vacancy shall happen in any elective office, whether by failure to elect at the annual election, or for any other cause except as herein specified, the trustees shall order and direct a special election to supply the vacancy for the unexpired term, to be conducted and held in the same manner as the annual election. Whenever the offices electors of president and trustees shall, from any cause, become vacant so as appointed to leave the board of trustees without a quorum for the transaction of the business of such corporation, the remaining trustees, assessors and village clerk of said village or any one or more of them, if the other refuse or neglect to act, are hereby authorized and empowered to appoint two good electors in each ward of said village, who shall preside at and conduct, with the officers now authorized by law for that purpose, any annual election in said wards in the place and stead of and with the same powers and duties now imposed upon and given to the trustees of said village; such selection shall be made and published at least ten days before such annual election. Before entering upon the duties of inspectors of election, the electors so selected and appointed shall take and subscribe the usual oath of office in such cases and cause the same to be filed in the office of the village clerk.

Oath of office.

§ 2. This act shall take effect immediately.

So in the original.

Chap. 35.

AN ACT further to amend chapter four hundred and seventeen, laws of eighteen hundred and seventy-seven, entitled "An act to repeal certain acts and parts of acts."

PASSED February 21, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision seventeen of section three of chapter four hundred and seventeen of the laws of eighteen hundred and seventyseven, entitled "An act to repeal certain acts and parts of acts," is hereby further amended so as to read as follows:

laws upon

law

17. The repeal of the laws, conferring upon a graduate of the law Effect of department of the University of Albany, or of the law department of repeal of the University of the city of New York, or of the law school of Colum- graduates bia College, or the law department of Hamilton College, the right to of certain be admitted to practice as an attorney and counsellor at law, upon the schools. production of his diploma, does not affect the right of a person who was a student in, or was graduated by, either of those departments, or schools, on or before the first day of April, eighteen hundred and seventy-seven, to be so admitted, at any time within one year after this act takes effect, upon his complying with the existing laws relating to the admission of such graduate to practice, nor does the repeal of such laws affect the right of any other person, who, but for the repeal of the said laws, would have been entitled to be admitted as an attorney and counsellor at law as aforesaid, to be so admitted as an attorney and counsellor at law, at any time within one year after this act takes effect, upon his complying with the existing laws as defined in section four of this act, relating to the admission of such a graduate to practice.

§ 2. This act shall take effect immediately.

Chap. 36.

AN ACT for the relief of Leah Funkenstein, widow of Levi
Funkenstein, late of the city of Rochester, county of
Monroe and State of New York.

PASSED February 24, 1879; by a two-third vote.

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

Rochester

SECTION 1. All the estate and interest of the people of this State in State title and to the lands and premises in the city of Rochester, county of to landstin Monroe and State of New York, whereof Levi Funkenstein died seized released. and possessed, acquired by the escheat of the same, are hereby released to Leah Funkenstein, widow of the said Levi Funkenstein, her heirs and assigns forever.

§ 2. Nothing herein contained shall release, discharge or impair any Proviso. right, claim or interest of any heir, devisee, purchaser or creditor of the said Levi Funkenstein by judgment, mortgage or otherwise.

§ 3. This act shall take effect immediately.

County

complete

records.

Chap. 37.

AN ACT to authorize the county clerk of Suffolk county
to sign the certificates of the record of deeds and mort-
gages, and other papers recorded in the Suffolk county
clerk's office, and otherwise complete said records, where the
same were not completed or certified by George C. Camp-
bell, his immediate predecessor in office.

PASSED February 24, 1879.

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

SECTION 1. The county clerk of Suffolk county is hereby authorized clerk may to sign the certificates of the record of all deeds, mortgages and papers recorded in the Suffolk county clerk's office, and otherwise complete said records, where the same were not completed or certified by Proviso. George C. Campbell, his immediate predecessor in office; provided, that the records or the certificates of record to be thus signed are lawful, complete and perfect records, with the exception of the signature of the said former clerk thereto, and the signature of the said clerk thereto shall have the same force and effect as though said records or certificates had been signed by the said George C. Campbell. § 2. This act shall take effect immediately.

Purchas

ers of road may con

Chap. 38.

AN ACT to amend chapter two hundred and seventy-nine
of the laws of eighteen hundred and fifty-four, entitled
"An act to authorize the Medina and Alabama Plank
Road Company to sell a part of their road."

PASSED February 24, 1879.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:

SECTION 1. Chapter two hundred and seventy-nine of the laws of eighteen hundred and fifty-four, entitled "An act to authorize the Medina and Alabama Plank Road Company to sell a part of their road," is hereby amended by adding thereto the following sections:

§ 3. Any person or persons who may or shall have become the owner of any part or portion of said road by purchase thereof, are hereby tinue their authorized and empowered to continue all his or their rights and rights, etc. privileges as owner or owners over that portion of the road so purConsent of chased, for a period not exceeding thirty years, by first obtaining the sors to be consent, by resolution of a majority of all the members of the board of obtained. supervisors of Orleans county, adopted at any regular or special meeting

supervi

thereof, at any time before the expiration of the time specified for the duration of the corporate existence of the Medina and Alabama Plank Consent Road Company in its articles of association, and by filing and recordment to be ing in the office of the clerk of the county of Orleans, before the expi

and state

1

recorded.

owners.

ration of the term of the corporate existence of said the Medina and filed and Alabama Plank Road Company, and in the office of the secretary of state, such consent and a statement showing the actual capital expended in the construction of such portion of the road so purchased, exclusive of repairs, together with the consent in writing of all the Consent of owners of such portion of said road so purchased, in which shall also be stated the number of years which the said owner or owners shall desire such rights and privileges extended; the same, however, not to exceed thirty years, also the name of each town through which said road passes. Such statement and the above requirements to be verified by Verificathe affidavits of all the owners of such portion of said road so purchased. And from and after the filing and recording of said resolution of the When rights board of supervisors as aforesaid, and the consent, statement and affiand prividavit aforesaid, all the rights and privileges of the person or persons who leges exown any portion of said road by purchase thereof, shall be continued and extended for the period stated in such consent, from the date of such resolution of the board of supervisors. Such continuance and ex- Extension tention shall be subject to all the restrictions, and shall confer all the restricrights and privileges imposed and conferred by law, on plank road and tions, etc. turnpike road companies.

tion.

tended.

subject to

may re

of road.

holders.

§ 4. The directors of the Medina and Alabama Plank Road Company Directors are authorized to purchase and take an assignment of any part or por- purchase tion of their road, which they have sold and transferred under the portions provisions of the first section of this act, upon obtaining the consent in Consent writing of the stockholders of said road holding a majority of the of stockshares of stock of said road, and upon such purchase and retransfer, the said company shall be restored to all its original rights over such Original portion or portions of said road so repurchased, and the rights, priv- stored ileges and franchises of said company over and in respect to such upon purportion or portions of said road so repurchased, shall be thereafter the same in all respects, as if the said company had retained their original title thereto, subject, however, to any liens or incumbrances thereon.

Chap. 39.

AN ACT to release to Temmy E. Debbage, of Oswego city,
New York, the title and interest of the people of the State
of New York in the real estate of which her husband John
Debbage, late of the said city, died seized.

PASSED February 24, 1879; by a two-third vote.

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

rights re

chase.

to lands.

SECTION 1. All the estate, right, title and interest of the people of State title the State of New York in and to all lands situate in the county of in Oswego Oswego, in this State of which John Debbage, late of Oswego city in released. said county, died seized and possessed, and to which the said people acquired title on the death of the said John Debbage, without heirs, except such as were disqualified from taking title to real estate by reason of alienage; and particularly the land hereinafter described, is hereby granted and released to Temmy E. Debbage, widow of the said John Debbage, and to her heirs and assigns forever. Said land is more particularly described as follows: "All that tract or parcel of

land situate in the fourth ward of the city of Oswego, in the county of Oswego, and State of New York, and known and distinguished as the northeast quarter of lot number one hundred and forty-eight, in block eighty-five, in said ward, said quarter lot being a parallelogram thirty-three feet front on East Fifth street by one hundred feet deep." Proviso. § 2. Nothing in this act contained shall be construed to impair or affect the right in said real estate of any heir-at-law, devisee purchaser or creditor by judgment, mortgage or otherwise. § 3. This act shall take effect immediately.

Repeal.

Chap. 40.

AN ACT to repeal chapter three hundred and thirty-two of the laws of eighteen hundred and seventy-three, entitled "An act to enable the electors of the town of Kingston, in Ulster county, to vote by districts for town officers,' passed April twenty-nin,* one thousand eight hundred and seventy-three.

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PASSED February 25, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The act entitled "An act to enable the electors in the town of Kingston, in Ulster county, to vote by districts for town officers," passed April twenty-nine, one thousand eight hundred and seventythree, is hereby repealed.

§ 2. This act shall take effect immediately.

Overseer of the

poor.

Official bond.

Chap. 41.

AN ACT in relation to the temporary relief of the poor in the town of Kingston, Ulster county.

PASSED February 25, 1879; three-fifths being present.

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

SECTION 1. There shall hereafter be chosen at the annual town meeting in the town of Kingston only one overseer of the poor for the said town.

§ 2. It shall be the duty of the overseer of the poor, within ten days after his election to office, and before he enters upon or discharges any of the duties of the office, to execute to the supervisor of the town a Sureties bond with two or more sufficient sureties to be approved by the superand justi- visor, who shall each be freeholders in said town, and who shall sever

fication.

ally justify.in double the amount of money authorized to be raised by this act; the affidavits of justification to be in writing, signed by the

So in the original.

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