Lawrence Academy," passed April 9, 1825, and the said sum di- CHAP. 104. AN ACT to revive the Act to incorporate the Village of Salina, in the County of Onondaga, passed March 12, 1824, and the Act to amend an Act, entitled " An Act to incorporate the Village of Salina, in the County of Onondaga," passed April 20, 1825, and for amending said Acts. Passed April 1, 1826. 1838-267 WHEREAS the freeholders and inhabitants of the village of Sa- Preamble lina, by neglecting to hold an election for the choice of village officers on the second Tuesday of April last, the day appointed by law for such election, have forfeited the rights and privileges granted them in and by the above recited acts. 1. BE it enacted by the People of the State of New-York, rep- Certain acts resented in Senate and Assembly, That the aforesaid acts be and renewed they are hereby renewed, revived and re-enacted, excepting the second section of the act, entitled "an Act to amend an act, entitled an act to incorporate the village of Salina, in the county of Onondaga,'" passed April 20, 1825. 2. And be it further enacted, That the limits of the said incorpo- Limits of in ration shall be, and they are hereby enlarged and extended, so as to corporation include all the blocks of land from number one to one hundred, and all the streets of said village, the canals, basins, public squares, and other places, as laid out, numbered and exhibited on Randel's map, filed in the office of the surveyor-general. Assessments upon non residents In case of non-payment trustees may sel!, &c. be given to purchaser & filed Proviso 3. And be it further enacted, That it shall be lawful for the trus→ tees of said village for the time being, to assess upon the lots of land and real estate situate in said village owned by non-residents, a just proportion of the taxes which shall from time to time be voted to be raised by the freeholders and inhabitants of said village; and that if any such taxes so assessed upon the real estate of non-resident owners shall remain in arrear and unpaid for the space of ten days or more after the same ought to be paid, it shall be lawful for the trustees to cause such lands or real estate, or such parts thereof as they shall see fit, to be sold at public auction, to the highest bidder, for the payment of such arrears of taxes and the expenses of adverCertificate to tisement and sale, and thereupon the trustees shall give to the purchaser a certificate in writing of such sale, containing a description of the land sold, the amount paid therefor, and the terms and conditions of the sale, and shall forthwith cause a copy of such certificate to be filed in the office of their clerk, for the benefit of all persons Surplus how who may wish to inspect the same; and the money arising from disposed of such sale, after deducting the amount of such taxes and expenses as aforesaid, shall remain in the hands of the treasurer of said village, for the use of the owner or person entitled thereto : Provided, That before any such sale shall be made, the said trustees shall cause a notice of the time and place of such sale to be published in the paper published by the printer to the state, and in some newspaper printed in the county of Onondaga, once in each week for the term of six weeks or more, and such sales shall always be appointed and held within the limits of said incorporation; and if the owner of such land or real estate so sold shall not, within one year subsequent to such sale, redeem the same by paying to the purchaser or his assigns the sum specified in such certificate, with interest at the rate of ten Deed to pur per cent per annum, it shall then be the duty of the trustees of said village for the time being, to give to such purchaser or his assigns, under the seal of the said incorporation, a deed, conveying to him or them the premises so sold, with the appurtenances, in fee simple; and such conveyance shall be good and effectual under this act, to vest in such grantee or grantees, his, her or their heirs and assigns, an indefeasible estate of inheritance in the premises so sold, with the appurtenances Provided also, That before any such sale shall take place, an affidavit of the publication of the aforesaid notice shall be made and filed in the office of the said clerk. Six weeks notice Time of re demption, &c chaser, &c Neglecting election not to operate as a forfeiture Legislature 4. And be it further enacted, That hereafter no neglect of the freeholders and inhabitants of said village to hold their annual meetings for the election of trustees and other officers, shall operate as a forfeiture of their rights and privileges under this act, and the acts hereby revived and amended, but that such trustees and other officers may be chosen at any other meeting of the said freeholders and inhabitants duly notified according to law, and holden within thirty days after the said second Tuesday in April. 5. And be it further enacted, That all the rights, privileges and may repeal immunities contained in this act, and the several acts hereby revived, shall be deemed to be taken subject to the power of the legislature hereafter to alter, modify, limit or abrogate the same. CHAP. 105. AN ACT to carry into effect the provisions of the Act, entitled "An Act for the relief of the trustees of the Lowville Academy," passed November 19, 1824. Passed April 1, 1826. paid to Low conditions BE it enacted by the People of the State of New-York, repre- $3000 to be sented in Senate and Assembly, That whenever the trustees of Low- ville acade ville academy shall shew to the satisfaction of the comptroller that my on certain they have erected, on ground owned by them in fee, and free from incumbrance, a substantial brick or stone building for an academy of the value of eight thousand dollars, or a building partly of brick and partly of stone of like value, there shall be paid by the treasurer, on the warrant of the comptroller, to said trustees or their treasurer, the sum of three thousand dollars, out of any monies in the treasury not otherwise appropriated by law, for the use of said institution, which said sum of money is hereby declared to be an advance for and in lieu of the sum of three thousand dollars mentioned in the act entitled "an Act for the relief of the trustees of the Lowville academy," passed nineteenth day of November, eighteen hundred and twenty-four; and the said sum directed to be raised by the act last mentioned, shall be raised in the manner therein mentioned, or in such other manner as the legislature shall hereafter prescribe, and become a part of the general fund of the state as a reimbursement for the sum by this act authorised to be paid to the trustees or their treasurer as aforesaid: Provided however, That before the said Proviso trustees shall be entitled to receive the said money pursuant to the provisions of this act, they shall execute and deliver to the comp- Bond to the troller a bond to the people of this state, in the penal sum of six comptroller thousand dollars, pledging the responsibility of the said trustees in their corporate capacity, and also the individual responsibility of the said trustees, or of so many of them as the said comptroller shall be satisfied render the said bond sufficient security, which said bond shall be conditioned, that in case the fund upon which the said ap- Conditions propriation of three thousand dollars is chargeable shall not, when disposed of in such manner as is provided for by law, or as the legislature shall direct, be sufficient to repay the sum of money advanced by the state, together with the lawful interest thereon, to the said trustees, pursuant to the provisions of this act, or any part thereof, together with all other sums of money antecedently chargeable upon the said fund, that then the said trustees shall repay to the people of this state such part of the said three thousand dollars as the said fund shall not be sufficient to repay, together with lawful interest from the time the said trustees shall receive the same. John P. Ry erss to erect Jam Proviso Right to re peal AN ACT authorising John P. Ryerss to continue or rebuild u : Passed April 1, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That John P. Ryerss is hereby authorised to erect a dam, or continue and keep in repair the dam now erected across the Tioga river, in the town of Erwin, county of Steuben, about eighty rods above the mills now erected by the said John P. Ryerss, and on the lands owned by him, for the purpose of supplying his said mill with water, said dam not to exceed three feet in height Provided, That the said John P. Ryerss shall erect an apron or lock in said dam of such construction as to render the passage safe and easy for rafts, arks and boats common in said river, at all times during the continuance of said dam: And provided further, That nothing herein contained shall be so construed as to authorise the said John P. Ryerss to raise said dam in such a manner as to overflow the lands of any other person, and that it shall be lawful for the legislature to repeal or modify this act without incurring any liability for damages in consequence of such repeal or modification. William M CHAP. 107. AN ACT to change the Name of William Middleton. Passed April 1, 1826. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That the name of William Middleton, the younger, shall be, and the same hereby is changed to the name of William M. Fish, by which name he shall henceforth be called and known in all cases whatsoever. Former act continued CHAP. 108. AN ACT to continue in force an act entitled "An Act to amend an act entitled' an act to prevent Horse Racing, and for other purposes," passed March 30, 1821. Passed April 3, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act entitled "an act to amend an act entitled 'an act to prevent horse racing and for other purposes,' ," passed March thirtieth, eighteen hundred and twentyone be, and the same is hereby continued in force for the term of ten years from and after the thirtieth day of March next. CHAP. 109. AN ACT further to amend an act entitled "An Act to incorporate and vest certain Powers in the Freeholders and Inhabitants of the Village of Brooklyn, and to create a Public Stock. Passed April 5, 1826. Proviso 1. BE it enacted by the People of the State of New-York, rep- Trustees may resented in Senate and Assembly, That it shall and may be lawful create stock for the board of trustees of the village of Brooklyn, as soon as conveniently may be after the passage of this act, to create a public fund or stock, not exceeding fifteen thousand dollars, to defray the expense of building a public market, and which public funds or stocks shall be denominated "The Brooklyn Village Stock," and that a proper book or books for receiving subscriptions to the said funds be opened at such times and places as the board of trustees of the said village for the time being may from time to time direct and prescribe, to continue open each of said times so long as the said board of trustees for the time being may direct, and until such sum as they shall direct shall be subscribed for: Provided, That it shall not be lawful for any public meeting of the freeholders and inhabitants of the said village in any one year to vote a sum to be funded, exceeding the sum of fifteen thousand dollars, and the sums which shall be subscribed to the funds authorised to be raised by this act, and by the vote of the freeholders and inhabitants of the said village, shall be payable at such times and places, and in such manner as shall for that purpose be prescribed by ordinances or resolutions of the said board of trustees, and either in specie or in current notes of such banks as the said board of trustees shall direct, or in such bonds of the said board of trustees as may then be outstanding, according to the real value of the said bonds, after deducting such sums or demands as the said board of trustees may have a legal right to set off against the said bonds in cases where any such right may exist. give certifi 2. And be it further enacted, That for the said sum so subscrib- President to ed and paid, the subscriber or subscribers shall be entitled to a cer- cate of stock tificate or certificates, signed by the president of the said village, and countersigned by such person as the said board of trustees for the time being may from time to time direct, in such form as the said board of trustees may prescribe, for a sum or sums, which shall together be equal to the amount so subscribed and paid, and each and every certificate to purport in substance as follows, to wit: That the trustees of the said village owe to such subscriber or subscribers a sum therein to be expressed, not less however than fifty dollars, bearing an interest not exceeding seven per cent per annum, the said interest to be paid half yearly or quarter yearly, as the said board of trustees for the time being may see fit to direct, and the said principal not to be redeemable until ten years after the date of such certificate. tion to stock 3. And be it further enacted, That it shall be the duty of the Duty of pres president of the said village, to superintend the subscriptions to the ident in rela said funds, to open books for the same, to issue the certificates above mentioned, to enter in books to be by him kept for that purpose, |