Boundaries of village. Jurisdiction of § 1. All that district of country in the town of German Flats, in the county of Herkimer, contained in the following boundaries, namely: Beginning at a point in the center of the highway leading from the village of Mohawk to the village of Herkimer, at the south end of the bridge over the Mohawk river, and running thence along the south bank of said river westerly to the point where the east line of the village of Ilion strikes the said Mohawk river; thence southerly, along said east line of the said village of Ilion, to a point on the ridge of lands south-westerly of John H. Myers' dwelling-house; thence south, fiftynine degrees east, twelve chains eighteen links, to an apple tree on the easterly side of Warren road; thence south, forty-four degrees thirty minutes east, fifty-seven chains twelve links, to an elm tree on the easterly bank of Fulmer creek; thence sonth, forty-four degrees east, five chains and ninety-five links, to the north corner of the bridge across said creek near a plaster mill; thence south, thirteen degrees east, seven chains, up the eastern bank of said creek; thence south, eighty-six degrees east, two chains twenty-seven links to a buttonwood tree; thence north, four degrees thirty minutes east, four chains fifty-two links, to a maple tree; thence north, thirty-three degrees forty-five minutes east, fourteen chains four links, to an apple tree standing near the north side of the highway; thence north, thirtythree degrees thirty minutes east, twenty-three chains five links to a point; thence north, thirty-eight degrees forty-five minutes east, thirteen chains ninety links, to an elm tree at the edge of the woods; thence north, forty-eight degrees forty-five minutes east, seven chains twenty-six links, to a point in the edge of the woods; thence north, sixty-three degrees forty-four minutes east, seven chains thirty-eight links, to a pine tree; thence north, sixty-one degrees east, one chain eighty-six links, to a maple tree; thence north, thirty-nine degrees east, fourteen chains three links, to a point on the south bank of the Mohawk river; thence north, forty-five degrees fifteen minutes west, nine chains, up the southern bank of said river to the place of beginning, shall hereafter be known and distinguished as the village of Mohawk, and the inhabitants residing within the bounds aforesaid shall hereafter be a body corporate, by the name of the Village of Mohawk." § 2. This act shall take effect immediately. CHAP. 316. AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages." PASSED June 6, 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 three of title five of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," is hereby amended so as to read as follows: § 3. Any justice of the peace in the town or towns in which such Justices of village shall be located shall have jurisdiction in all criminal cases the peace. that may arise within the bounds of the village in the county in which and paid. they severally reside, with the same powers and subject to the duties and liabilities as a justice of the peace in other cases. He shall also have jurisdiction in all actions brought to recover fines or penalties for the violation of any provisions of this act, and of the rules, bylaws and ordinances of the village, or to recover any tax or assessment levied by the village, and his proceedings and judgments may be reviewed in the same manner as is or shall be provided by law in cases of judgments and proceedings of justices of the peace; said justice shall receive the same fees and compensation as is provided by law for similar services. The fees and compensation of such justice shall Fees to be audited and paid and collected in the same manner, as the fees of be audited justices of the peace for similar services, except in those villages in which there shall be a police justice, and no fees or compensation shall be audited or allowed to any justice of the peace for services performed in any criminal case where the offense was, or was alleged to have been, committed within the limits of any such village, except that the claim for such compensation shall be accompanied in each instance with proof satisfactory to the auditing board that the police justice of said village was disqualified from acting, or was absent from said village at the time the proceedings were commenced before such justice of the peace. It shall be the duty of police justices in such Police village to present to the board of the supervisors of the county an present account for their fees and compensation in all cases when their ser- accounts vices in criminal matters would be a county charge if performed by a etc. justice of the peace, and such fees shall be audited and allowed and the payments therefor made to the village paying such police justice his salary. All fines recovered in suits for the violation of the provi- Fines to be sions of this act or the by-laws, rules and ordinances of the corpora- paid treastion shall be paid over to the treasurer of the village upon their village. receipt by such justice. In such last-mentioned suits, if judgment is entered the said justice shall award costs, including witness fees and other legal disbursements, to the successful party to the same amount as a justice of the peace could in civil action, or proceeding before him. §2. This act shall take effect immediately. CHAP. 317. AN ACT conferring additional powers on boards of super visors. PASSED June 6, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: justices to for fees, urer of state road SECTION 1. The board of supervisors of any county may authorize May auand empower the highway commissioners of any town to alter, discon-thorize tinue, widen, or narrow, any road or public highway which shall have to be been laid out by the state within its boundaries, under the same con- etc. altered, ditions as would govern their action in relation to public highways that have been laid out by local authorities. §2. This act shall take effect immediately. Appropri ation to include in CHAP. 318. AN ACT to regulate the instruction of common school teachers in academies and academical departments of union schools. PASSED June 7, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The appropriation provided by chapter four hundred and twenty-five of the laws of eighteen hundred and seventy-seven, for the instruction in academies and union schools in the science and practice of common school teaching, shall be deemed to include, and university. shall include, the due inspection and supervision of such instruction spection by regents of the subject to commissioner. Duty of commissioner. by the regents of the university, and the expenses of such inspection. and supervision for the present and each succeeding fiscal year shall be paid out of said appropriation on vouchers certified by the regents of the university. Classes § 2. Each class organized in any academy or union school under visitation appointment by the regents of the university, for instruction in the science and practice of common school teaching, shall be subject to the visitation of the school commissioner of the district in which such academy or union school is situated; and it shall be the duty of said commissioner to advise and assist the principals of said academies or union schools in the organization and management, and in the final examination of said classes, and after the close of the term of instruction of said classes to make to the regents of the university, in the manner to be prescribed by them, a report in regard to the instruction of said classes, and the qualifications of the individual members thereof. Scholars be deemed to have sufficient learning to teach common schools. § 3. Each scholar instructed for the full term provided by law, in a who shall class organized for instruction in the science and practice of common school teaching, who shall have passed the examination known and designated as the regents' preliminary examination, in arithmetic, English grammar, geography and spelling, and who, in addition, shall have passed the final examination prescribed for such classes by the said regents, including an examination in the history of the United States, the principles of civil government and the methods of teaching, shall be deemed to have sufficient learning to teach in the common Regents to schools of the state; and to each such scholar the regents of the unitimonial, versity shall grant a testimonial which, when indorsed by any school commissioner, shall constitute a certificate of qualification and a license to teach in the common schools of his district for a period of one year from the date of such indorsement; and at the expiration of the period named in said license, and at successive expirations thereafter, said certificate may be re-indorsed by any school commissioner, and at his discretion constituted a license to teach in the common schools of his district for a period not to exceed three years after each re-indorsement. § 4. This act shall take effect immediately. grant tes effect of, etc. CHAP. 319. AN ACT to amend chapter six hundred and seventy-five of the laws of eighteen hundred and eighty-one, entitled "An act to facilitate the payment of school taxes by railroad companies." PASSED June 8, 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 one of chapter six hundred and seventy-five of the laws of eighteen hundred and eighty-one, entitled "An act to facilitate the payment of school taxes by railroad companies," is hereby amended so as to read as follows: school to county of railroad $1. It shall be the duty of the school collector in each school dis- Duty of trict in this state, except in the counties of New York and Kings, stor within five days after the receipt by such collector of any and every to deliver tax or assessment-roll of his district, to prepare and deliver to the treasurer county treasurer of the county in which such district, or the greater statement part thereof, is situated, a statement showing the name of each rail- tax.. road company appearing in said roll, the assessment against each of said companies for real and personal property respectively, and the tax against each of said companies. It shall thereupon be the duty of Treasurer such county treasurer, immediately after the receipt by him of such to notify statement from such school collector, to notify the ticket agent of any agent. such railroad company assessed for taxes at the station nearest to the office of such county treasurer personally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of the tax to be paid by such railroad company. §2. This act shall take effect immediately. CHAP. 320. AN ACT to amend chapter three hundred and twenty of the laws of eighteen hundred and sixty-six, entitled "An act to amend the charter of the village of Clinton." PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter three hundred and twenty of the laws of eighteen hundred and sixty-six, entitled "An act to amend and consolidate the several acts in relation to the village of Clinton," is hereby amended by adding thereto the following sections, to be numbered respectively forty, forty-one, forty-two, forty-three and forty-four. ticket author 40. To the end that the village of Clinton may be provided with Trustees and have sufficient drainage and sewerage, the said board of trustees ized to lay are hereby authorized and empowered to use and occupy any and all and conof the streets, highways and alleys in said village for the purpose of laying down, constructing and maintaining such drains and sewers; in public struct sewers and drains and may also take and appropriate such lands and real estate in said village of Clinton, and in the town of Kirkland, as said board of trustees may deem necessary and proper for such purpose. § 41. In case the said board of trustees shall be unable to agree with the owner or owners upon the value of any lands or real estate taken by them for the purposes aforesaid, they may apply to any court of record in this state for the appointment of three commissioners, neither of whom shall be a resident or tax payer of said town of Kirkland, to appraise the damage in consequence of the taking of such lands or real estate. Said board shall cause not less than two weeks' notice of the application for the appointment of commissioners of appraisal to be published in one of the newspapers published in said village, and in case no newspaper shall be published in said village, then in one of the daily papers published in the city of Utica; and by serving a written notice of such application on the owner of the property at least two weeks previous to the time appointed for making such application, and which shall be the only notice required for the appointment of such commissioners. § 42. Any sum of money necessary to pay for said lands, rights or awards, and the cost of said improvements, including the necessary expenses incurred by said board of trustees in connection therewith for that part of said drains and sewers which may be outside of the corporate limits of said village shall be paid by the corporation of the village; and for that part of such drains and sewers as shall be within the corporate limits of said village, one-half of the expense thereof shall be paid by the said corporation of said village, and the other half of such expense shall be paid by the owners or occupants of the premises fronting on the street through which such drains or sewers shall be laid and by the persons whose property shall be benefited by the laying of such drains and sewers, although the property may not be located upon the street through which such sewer or drain may be laid. Such expense to be assessed by the board of trustees of said village, who are hereby created and made a board of assessors for that purpose. And the tax arising from such assessment so made shall be a lien on the property of the persons so assessed, and shall be collected in the same manner as is provided for the collection of taxes in said village. § 43. The board of trustees of said village shall have power to designate which of the streets or highways of said village shall be curbed, and the manner in which said curbing shall be done, and the material that shall be used therefor; and they shall cause the same to be curbed when in their judgment they shall deem it for the best interests of the streets and walks and improvements of said village that the same be done. And the expense of such curbing shall be paid by the owners or occupants of the premises in front of which curbing shall be placed, and said expense shall be a lien upon the premises in front of which said curbing shall have been placed, and shall be collected in the same manner as is provided for the collection of taxes in said village; but in no case shall said trustees cause such curbing to be done until after thirty days' notice shall have been given to the owners or occupants of the premises in front of which it is contemplated to place the same; and the owners or occupants of such premises shall have the privilege, during said thirty days, to do said curbing, subject to the approval of said trustees. 44. This act shall take effect immediately. |