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Act when to take effect.

Repeal.

Place of business

may be

such special meeting, except that stated in the notice calling

the same.

§14. This act shall not take effect unless approved of by a majority of the legal voters of said district, at a special meeting to be called for that purpose, and the trustees of said district shall, within thirty days after the passage of this act, call a special meeting of said district by giving notice in the manner prescribed in the next preceding section, stating in such notice the object of such meeting to be to approve or disapprove of this act. The election shall be by ballot, the ballot shall be a written or printed paper ticket, upon which shall be the words "for free schools," or "against free schools," and if a majority of said ballots shall be "for free schools," then this act shall take effect immediately; should a majority of said ballots be "against free schools," then the said trustees may at any time after three months from the time of said election, and upon the written request of at least fifty of the electors of said district, call another special meeting and again submit this act to the electors for their approval, which meeting shall be called and conducted in the same manner as above provided, and if the same shall be approved at such second meeting, then this act shall take immediate effect.

§15. All laws and parts of laws inconsistent with this act are hereby repealed, so far as the same relate to district number five, in the town of Flushing.

CHAP. 82.

AN ACT to authorise the Exchange Bank of Genesee to change its place of business.

'Passed March 11, 1848.

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

§1. The banking association known as "The Exchange Bank of Genesee," may change its place of business from changed. the village of Alexander, in the county of Genesee, to the city of Rochester, in the county of Monroe, on making and filing a certificate specifying such change, in the offices of the clerks of the counties of Genesee and Monroe, and in the office of the secretary of state; such certificate to be duly executed. and the execution acknowledged by the directors of such association, at the time when the change shall be made.

Office may

§2. Such association may, after such change shall have be kept at been made, continue an office at the village of Alexander, aforesaid, for the purpose of receiving payment of existing

Alexander.

debts, and the transaction of such other business as the directors shall deem necessary, for a period not exceeding`one year.

§ 3. This act shall take effect immediately.

CHAP. 83.

AN ACT to extend the time for the collection of taxes in the town of New Town.

Passed March 11, 1848.

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

§ 1. If the collector of taxes in the town of New Town, Time Queens county, shall, within the time now provided by law, extended. pay over all moneys by him collected, and shall renew his securities to the satisfaction of the supervisor of said town of Newtown, the time for collecting and making the final return of taxes in said town shall be extended to the twentyeighth day of March, eighteen hundred and forty-eight. 2. This act shall take effect immediately.

CHAP. 84.

AN ACT authorising the canal commissioners to lease the surplus waters of the Glens Falls feeder.

Passed March 11, 1848.

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

may be

§ 1. It shall be lawful for the canal commissioners to rent Surplus or lease the surplus waters passing around the locks of the waters Glens Falls feeder in the town of Kingsbury, to William leased. Coleman, and such other persons, owners of the premises over which such surplus waters may pass, as may wish to hire the same, for such annual rent as the canal appraisers shall deem just and reasonable, to be paid for the benefit of the canal fund; the water so leased shall be taken from and returned to the said feeder, at such places as the commissioner having charge of that section of the canal, shall direct or approve, and the manner of conveying the said surplus water from, and reconveying it into the said canal feeder shall be under the direction of the said commissioner.

be annull'd

§ 2. If any sawdust or rubbish of any description shall be Lease may allowed by any lessee under the first section of this act, to pass from his premises into the waters of said feeder, which would in any way injure or obstruct the navigation thereof, or of the Champlain canal, or if at any time here

Officers

when to enter on

duty.

Recorder

fees.

after the canal commissioners shall ascertain that such use of said surplus waters proves injurious to the works on the feeder or canal, or in any way interferes with the navigation thereof, or in any other way proves injurious to the interests of the state, they shall have power to annul and declare void any contract or lease which shall have been made by them or under their direction, and to prohibit all further use of the said surplus waters, by said lessees, in which case the annual rent therefor shall cease at the time the said contract or lease shall so be declared void and not before, and the annulling of any such contract or lease by the commissioners as aforesaid shall in no way authorise any contractor or lessee to claim or receive any damages from the state in consequence thereof. §3. This act shall take effect immediately.

СНАР. 85.

AN ACT further to amend the act to incorporate the city of

Rochester.

Passed March 11, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The twenty-fourth section of title two, of the act entitled "An act to consolidate and amend the act to incorporate the city of Rochester," passed April 28, 1834, and the several acts amendatory thereof, passed April 11, 1844, is so far modified and amended, as that the treasurer, the attorney and counsel to the common council, the city superintendent, the overseer of the poor, the sexton or keeper of the burial ground, the sealer of weights and measures, shall enter upon their respective offices on the first Monday of April in each year after their election.

§ 2. This act shall take effect immediately.

CHAP. 86.

AN ACT in relation to the jurisdiction of the mayor's court of the city of Troy, and to fix the salary of the recorder of said city, and for other purposes.

Passed March 13, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The recorder of the city of Troy shall charge and reto charge ceive from all persons the same fees and perquisites of office, for the performance of any official service or duty performed by him under the constitution and laws of this State,

as might have been charged against any person or persons, by any officer or officers in this State, under any law in force on the thirty-first day of December, one thousand eight hundred and forty-six, for like official services, and shall also receive all other fees and perquisites as may hereafter be imposed by law on any person, for services rendered by any such officer, in his official capacity.

account

to county treasurer.

§ 2. Such recorder shall also keep an accurate account of To keep| all such fees and perquisites so received and collected by and report him, and of all sums due and unpaid for such services, and at the expiration of every six months from and after the time of entering upon the duties of his office, deliver a true copy of the same to the treasurer of the county of Rensselaer. He shall also accompany the same with an affidavit, made by him, that the account rendered is a just and true account of all services, rendered by him, for which fees are authorised by law to be demanded; and he shall thereupon pay over all sums so received by him to the treasurer of said county.

to collect

unpaid.

§ 3. The treasurer of the county of Rensselaer shall col- Treasurer lect all of said fees and perquisites that remain unpaid for amounts the term of six months; and for that said treasurer purpose is hereby authorised and empowered to bring all necessary suits in the name of the treasurer of said county of. Rensselaer, and prosecute the same to judgment and execution in all respects in the like manner and with the like effect, as in other civil actions.

recorder.

§ 4. There shall be allowed and paid to the recorder of the Salary of city of Troy, an annual salary of one thousand dollars; to be paid in quarterly payments, by the treasurer of the county of Rensselaer at the end of each quarter of the year, during such recorder's term of office; commencing with the time of his entering upon the duties of such office.

of mayor's

court.

§5. The mayor's court of the city of Troy may be held Jurisdicti'n as a court of criminal jurisdiction; and the said recorder and any two aldermen of said city, or in case of the absence of said recorder to act, the mayor, and any two of the aldermen of said city, when so holding such mayor's court shall possess the same powers, and exercise the same jurisdiction in the city of Troy, as prior to the thirty-first day of December, A. D. eighteen hundred and forty-six, was possessed and exercised by the courts of general sessions of the peace in the different counties of this State; except that no grand jury shall be summoned to attend such mayor's court; and no indictment'shall be triable in such mayor's court unless the same shall charge the offence to have been committed within the said city of Troy, and the expense of holding such court, including fees of officers, jurors and witnesses, shall be a county charge to said county of Rensselaer.

!

Terms.

District at

torney to
attend.

zanceshow

taken.

§6. The terms of the mayor's court of the city of Troy, may be held on the second Tuesday of each month; and may continue to and including, the Saturday next following.

7. The district attorney of the county of Rensselaer shall, on request of such recorder or mayor, attend the several terms of said mayor's court, and try such indictments therein, as may be ready for trial.

Recogni- § 8. The county judge of the county of Rensselaer, any justice of the supreme court, or the mayor or recorder of said city of Troy, may bind by recognizance, any person who has been indicted for the commission of any offence triable in said mayor's court, to appear at any term of said mayor's court.

Personal

actions not

ved under

$500.

89. No personal action pending in said court, shall be to be remo- removed therefrom by writ of certiorari unless the debt or damages claimed or the matter or thing demanded, shall exceed the sum of five hundred dollars. And the judgments recovered in said court may be docketed in any county, in this State, in the same manner, and with the like effect as is provided by law in relation to judgments of the supreme

Pay of jurors.

Certain

powers of

der.

court.

10. On the production of the certificate of the clerk of such court specifying the number of days any juror has actually attended said court, while held as a court of criminal. jurisdiction, to the county treasurer of the county of Rensselaer such treasurer shall pay to such juror the same amount now directed by the board of supervisors of the county of Rensselaer, to be paid to jurors for attending courts of record held within said county.

§ 11. The recorder of the city of Troy, shall within said the recor- city have power and it shall be his duty to perform all such duties, and to do all such acts as might have been done or performed under the laws of this State in force on the twelfth day of May, 1847, by the recorders of the several cities of this State, being of the degree of counsellor at law in the supreme court, and when not holding courts and acting as a supreme court commissioner.

Right

granted.

§ 12. This act shall take effect immediately.

CHAP. 87.

AN ACT for the relief of Ludwig Brumleu.

Passed March 13, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The right is hereby given to Ludwig Brumleu, to apply to the supreme court of this state, in equity, for a di

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