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LAWS

OF THE

State of New=Xork,

PASSED THE FORTY-NINTH SESSION OF THE LEGISLATURE,
BEGUN AND HELD AT THE CITY OF ALBANY, THE

THIRD DAY OF JANUARY, 1826.

CHAP. 1.
AN ACT authorising the Judges and Supervisors of the County

of Chautauque to appoint Justices of the Peace in the Toron of
Ellington.

Passed January 13, 1826. WHEREAS the judges and supervisors of the county of Chau- Preamble? tauque failed to meet on the first Tuesday of October last, by reason of which there was no appointment of justices of the peace for the town of Ellington in said county : Therefore,

BE it enacted by the People of the State of New-York, repre- Provision for sented in Senate and Assembly, That it shall and may be lawful appointment for the judges and supervisors of the county of Chautauque to meet Ellington, at the court-house in said county, on the second Tuesday of February next, and to appoint justices of the peace for the town of Ellington, in the same manner and under the same regulations as they are now authorised to make appointment of justices of the peace on ihe first Tuesday of October in each and every year.

CHAP. 2.
AN ACT to authorise the Supervisors of the County of Greene

to borrow a sum of money, on the credit of said county, for the
purpose of erecting a County Poor-House.

Passed January 13, 1826. 1. BE it enacted by the People of the State of New-York, repre- supervisors sented in Senate and Assembly, That the supervisors for the time authorisedonte being of the county of Greene, be and hereby are authorised to bor-dollars row, on the credit of said county, such sum or sums of money as they or a majority of them shall deem necessary, not exceeding in all the sum of five thousand dollars, for the purpose of purchasing a sufficient quantity of ground within the said county, and erecting

thereon suitable buildings for the dwelling and maintenance of the poor of said county; and the treasurer of the said county of Greene is hereby authorised and required to issue his bond, under the seal of the said county, for such sum or sums as may be borrowed, pursuant to the provisions of this act.

2. Andbe it further enacted, That the supervisors for the time beSupervisors required 10

ing of the county of Greene, are hereby authorised and required to lery tax. levy a tax on the real and personal property within the said county,

at such time or times as they may deem proper, for the purpose of

repaying the amount borrowed by authority of this act, with the Sums borrow interest thereon: Provided, That all sums they borrow, with the ed to be paid interest thereon, shall be paid within five years after the passing of". years

this act.

in 5

CHAP. 3.

AN ACT to provide for the Election of a Senator to represent this State in the Senate of the United States.

Passed January 13, 1826. Appointment

BE it enacted by the People of the State of New York, repreof provide a sented in Senate and Assembly, That the senate and assembly of for i'ath Jan this state shall,on the fourteenth day of January instant,proceed to the

choice of a senator to represent this state in the senate of the United States, in the place of Rufus King, whose terın of service has expired; and that such choice shall be made in the manner prescribed in and by the act entitled "an act prescribing the times, places and manner of holding elections for senators to represent this state in the senate of the congress of the United States of America," passed 20th March, 1801: And in case no appointment shall be made on such day, in pursuance of the provision aforesaid, that then it shall be lawful for the senute and assembly to make such appointment on any other day.

or any other

day

CHAP. 4.

Collection of

AN ACT authorising the appointment, by the Common Council of

the City of Albany, of a Collector of Taxes in certain cases, and to extend the time for the collection of taxes in the said City.

Passed January 16, 1826. 1. BE it enacted by the People of the State of New-York, repretaxes extend sented in Senate and Assembly, That the time for the collection of

taxes in the city of Albany, be and the same is hereby extended from the first day of February to the first day of March in each and

every year, and that the collectors appointed in the different wards iinued of the said city, shall continue to have and exercise all the powers

and privileges in relation to their offices that they possessed previous to the day on which they should have made their returns :

ed

Powers of col lectors con

iheir bonds are renewed

Provided however, That the said collectors shall renew their bonds provided to the several supervisors of the said city, with one or more sureties, to be approved of by the said supervisors, in double the amount of his tax-list, conditioned for the true and faithful execution of the duties of his office, and for the due return of monies by him collected; and also for the due return of all lands on which such taxes shall remain due and unpaid on the first day of March in the year aforesaid.

2. And be it further enacted, That if any collector appointed, or Commoncoun to be appointed, for any of the wards in the said city, shall, after collectors in such appointment, die, resign, or remove out of the said city before case of vacan

cy by death he shall have entered upon or completed the duties of his office for zc. the

year for which he was or shall be appointed, or shall by reason of sickness or other cause, be disabled from perforining and coinpleting the duties of his said office, it shall in every such case be the duty of the mayor, aldermen and commonalty of the said city, to appoint a collector for such ward for the remainder of the year, who His powers thereupon shall have the same powers and privileges, be subject to

& privileges the like duties and penalties, and entitled to the same compensation, as the collector in whose place he was so appointed; and it shall be the duty of such collector so to be appointed as aforesaid, before he shall enter on the duties of his office, to enter into a bond with the To give bond like penalty, and subject to the same condition as other collectors are required to enter into by law; and that so much of the twentyseventh section of the act entitled “an act for the assessment and collection of taxes," passed April the twenty-third, one thousand eight hundred and twenty-three, as relates to the appointment of collectors for the different wards of the said city of Albany, in case of death, removal, sickness or disability, by the supervisors and justices of the peace, in and for said city, be and the same is hereby repealed : Provided always, That nothing herein contained, shall be proviso construed to exonorate or release the former collector or his surities from any liability incurred by them.

CHAP. 5. AN ACT to alter the time of the Annual Meeting of the Board of Supervisors of the County of Oneida.

Passed January 17, 1826. BE it enacted by the People of the State of New-York, repre- Time of annu sented in Senate and Assembly, That the annual meeting of the al meeting board of supervisors in the county of Oneida shall hereafter be holden on the third Tuesday of November in each and every year, instead of the first Tuesday of October as heretofore established by law: Provided, That nothing in this act contained shall affect or Place of meet alter the place of the meeting of said board, but said meetings shall ing not affect continue to be holden at the places where they were formerly holden, in the same manner as if this act had not been passed.

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CHAP. 6.
AN ACT to enable John Hoar to change his name.

Passed January 17, 1826. BE it enacted by the People of the State of New York, repretake the name sented in Senate and Assembly, That John Hoar, of Covington, in of J Darison the county of Genesee, may at all times hereafter take to himself the

sir name of Davison, and that he shall, in all cases whatsoever, be called and known by the name of John Davison.

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CHAP. 7. AN ACT to prevent the destruction of Fish in certain Pords in the Town of Carmel in the County of Putnam.

Passed January 17, 1826. 1. BE it enacted by the People of the State of New York, repretain ponds, sented in Senute and Assembly, Tliat from and after the passing act to be de of this act, it shall not be lawful for any person or persons, at any siriyed or ta ken, until a time or in any manner whatsoever, to take or destroy any fish of certain pe

any kind, or to use any means for taking or destroying them, in the waters of any of the ponds in the town of Carmel, in the county of Putnam, hereinafter mentioned, until after the times hereinafter set forth, as applying to each of said ponds respectively, as follows, to wit : In those ponds commonly known by the names of the Wixom pond, and Mud pond, until after the first day of September, in the year one thousand eight hundred and twenty-six ; in the pend called the Long pond near James Carver's, until after the first day of May in the year one thousand eight hundred and twenty-seven, and in the Mahopac or Great pond, until after the first day of October in the year last aforesaid; nor shall it be lawful at any time thereafter to take

any fish of any description in the before mentioned Long pond by means of seines or nets.

2. And be it further enacted, That if any person or persons shall take or destroy any fish, or use any means for taking or de

stroying them, in the waters of said ponds, contrary to the provisions Penalty of the preceding section of this act, he or they shall, for each and

every offence, forfeit the sum of five dollars, to be sued for and recovered by any person who will prosecute for the same in his own name, in an action of debt, with costs of suit, in any court having

cognizance thereof, the one half thereof when recovered to be paid ered and up to the overseers of the poor of the town of Carmel, for the use of the plied poor thereof, the other half for the use and benefit of the person

who shall so prosecute and recover the same.

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CHAP. 8. AN ACT to alter the time of kolding Town Meetings in the Town of Camillus, in the County of Onondaga.

Passed January 17, 1826. BE it enacted by the People of the State of New York, repre- Towo meet sented in Senate and Assembly, That the annual town meetings of ings when ta the freeholders and inhabitants of the town of Camillus, in the county of Onondaga, shall hereafter be held on the last Tuesday in April in every year; and that all town officers of the said town of Camil- Meeting of lus, whose duty it is to meet on the last Tuesday in February next, prescribed shall meet on the Tuesday next preceding that on which the annual town meetings in said town shall be held as aforesaid in every year, to do and transact such business as to their respective offices may appertain.

CHAP. 9. AN ACT for suspending the Sales of Lands now advertised to be sold for Arrearages of Taxes.

Passed January 17, 1826. 1. BE it enacted by the People of the State of New York, rep-Comptroller resented in Senate and Assembly, That the comptroller of this to be used state be, and he is hereby authorised to suspend the sale of all lands for taxes by him advertised to be sold on the seventeenth day of January instant, for the arrearages of the state and United States direct taxes, to Tuesday the twenty-first day of March next.

2. And be it further enacted, That the sale shall be made by To sell on the comptroller without further advertisement other than a gener-fice of post

no al notice of postponement, the publication of which notice of post- ponement ponement shall be continued until the time of sale, and the aforesaid sale shall be as valid as if the same had been made at the time first appointed by the comptroller for that purpose.

CHAP. 10.
AN ACT to exempt Poor-Houses from Taxation.

Passed January 21, 1826. BE it enacted by the People of the State of New-York, repre. Popp houses sented in Senate and Assembly, That from and after the passing of exempt from this act, it shall not be lawful to assess or tax any city, county or town poor-house or alms-house, in any of the counties of this state, nor any real or personal property whatever belonging to, or connected with the same.

taxation

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