5. The manner in which such moneys shall have been expended, specifying the amount paid under each head of expenditure; And the common council shall, ten days before the said election cause the same to be published with the statement required to be published by the thirty-third section of the act to incorporate the said city. Board sub §21. The said board shall be subject to the rules and regu- ject to su lations from time to time made by the superintendent of com- perintendent mon schools so far as the same may be applicable to them, and schools. not inconsistent with the provisions of this act. of common duty of com § 22. The common council of the said city shall have the Powers and power and it shall be their duty to pass such ordinances and moncouncil. regulations as the said board of commissioners may report as necessary and proper for the protection, safe keeping, care and preservation of the school houses, lots, sites, and appurtenances, and all the necessary property belonging to or connected with the schools in said city; and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in the act to incorporate the said city; and all such penalties shall be collected in the same manner that the penalties for violation of the city ordinances are by law collected; and when collected shall be paid to the treasurer of the city, and be subject to the order of the board of commissioners, in the same manner as other moneys raised pursuant to the provisions of this act. ses, &c. § 23. Whenever the said board shall report to the common School hou council that it is advisable to sell any of the school houses, lots or when and sites, or any of the school property now or hereafter belong- how sold. ing to the city, it shall be the duty of the common council to sell the same without unreasonable delay and upon such terms as the said council may deem advisable. The proceeds of all such sales shall be paid to the treasurer of the city, and shall be subject to the order of the said board, to be expended by them in the purchase, leasing, repairs or improvements of other school houses, lots, school furniture, apparatus or appurte nances. school hou city of Utica, § 24. The title of the school houses, sites, lots, furniture, Title to books, apparatus and appurtenances and all other school pro- ses &c. vesperty herein before in this act mentioned, shall be vested in ted in the the city of Utica; and the same while used for or appropriated for school purposes shall not be liable to be levied upon or sold by virtue of any warrant or execution, nor be subject to taxation or assessment for any purpose whatsoever; and the said city in its corporate capacity shall be able to take, hold and dispose of any real or personal estate, transferred to it by gift, grant, bequest or devise for the use of the common schools of the said city, whether the same shall be transferred in terms directly to said city by its proper style or by any other desig Repeal. Common council to relative of holding polls. Vacancies how filled. Construc tion of act of 1842. nation, or to any other designation or to any person or persons or body for the use of the said schools. § 25. Al. former acts and parts of acts in relation to common and free schools in the said city inconsistent with the provisions of this act are hereby repealed. CHAP. 138. AN ACT in relation to elections in the city of New-York. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The mayor, aldermen and commonalty of the city of New-York, in common council convened, are hereby authorized to pass such ordinances as to them may seem meet for providing the time and place where the polls shall be held in each election district for the charter and general election in the city of New-York, as now established by law, and for any such special election as may hereafter be directed to be held therein, and also for the inspectors in each election district in the several wards of the said city, to meet, add together, compute and return the votes given for each person voted for in the several districts of the said wards in the manner now required by law. § 2. In case of any vacancy in the office of inspector of elections in the city of New-York, the mayor, aldermen and commonalty of the said city, in common council convened, may fill such vacancy by appointing to such office any other citizen of the district in which such vacancy shall happen, who is a qualified voter therein: And in case such vacancy should not be so filled on the day of such election, or on the day preceding the same, the aldermen and assistant of the ward in which such vacancy shall happen, may fill such vacancy in the manner aforesaid. §3. The act entitled "An act for the repeal of the NewFebruary 28, York city registry law, passed February 28, 1842, shall not be so construed as to allow any inspector of elections or commissioner of registry to hold office or perform any of the duties thereof, subsequent to the passage of such act. 4. This act shall take effect immediately. CHAP. 139. AN ACT to incorporate the Gilboa and Potter's Hollow Turn pike Company. Passed April 8, 1842, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. All persons who shall become stockholders pursuant to Corporation this act, are hereby constituted a body corporate, by the name created. of the Gilboa and Potter's Hollow Turnpike Company, for the sole purpose of constructing a turnpike road from the village of Gilboa in the county of Schoharie, on the most convenient or eligible route through the town of Broome and Rensselaerville, to or near the depot of the Canajoharie and Catskill railroad, in the town of Rensselaerville, in the county of Albany; but no part of said railroad shall be laid out or constructed so as pass over that part of the road late the property of the Bristol and Rensselaerville Turnpike Company, which lies between Potter's Hollow and the Susquehannah turnpike. stock. § 2. The capital stock of said company shall be fifteen thou- Capital sand dollars, and be divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such a manner as the said corporation shall by its bylaws direct. tions to 3. Caleb Croswell, Alfred Hand and Henry Tibbitts, are Subscrip appointed commissioners to receive subscriptions to the capital stock. stock of said corporation. be made. 4. The said corporation shall make a good and sufficient Road how to road, and shall make the arch of said road twenty-two feet in width; and where the steepness of side hills, rocks or other ob stacles renders it impracticable or unnecessary, in the opinion of the commissioner, to complete it of that width, it shall be lawful for said company to make it of less width and without a ditch on the lower side, but in no place shall the bed or arch of said road be less than sixteen feet wide.. § 5. Whenever said road shall be completed according to Rates of toll, law, the said company shall be authorized to erect one full toll gate, or two half toll gates for every nine and a half miles, and no more other gates shall be erected on said road, and receive at the full toll gate the following rates of toll, viz: For every coach, wagon, cart or other wheel carriage drawn by two horses or other beasts, twelve and a half cents; for every additional horse or beast, three cents; for every chaise, sulkey, cart or other wheel carriage drawn by one horse or other beast, six cents; for every additional horse or other beast, two cents; for every sleigh or sled drawn by two horses or other beasts, six cents; for every sleigh or sled drawn by one horse or other beast, three cents; for every horse and rider or horse led, four General powers. Real and personal estate. cents; for every score of horses, cattle or mules, when driven in droves, twenty cents; for every score of sheep or swine when driven in droves, twelve and a half cents; and in the same proportion for a greater or less number of horses, cattle or mules, sheep or swine; and at each of the said half toll gates, half of the above rates of toll. Provided that no toll gate shall. be erected on said road within three miles of Potter's Hollow. §6. The said corporation shall possess all the general powers and privileges, and be subject to the general liabilities and restrictions of turnpike road incorporations, as prescribed in the first Title of the eighteenth Chapter of the first Part of the Revised Statutes, except so far as the same shall be altered by this act. § 7. The said corporation may purchase, hold, enjoy and convey such real and personal estate, not exceeding three thousand dollars in value, as shall be necessary to fulfil the ends of this incorporation. § 8. The legislature may at any time alter or repeal this act. CHAP. 140. AN ACT to confirm the official acts of John L. Melvin, a justice of the peace. Passed April 8, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Official acts § 1. All the proceedings which have been had by and before confirmed. John L. Melvin, a justice of the peace of the town of Sherburne, in the county of Chenango, since the first day of January, one thousand eight hundred and forty-two, shall be held to be of the same force and validity as if the said John L. Melvin had taken the oath of office within the time and in the manner prescribed by law and the constitution of this state. Liabilities ures § 2. All liabilities and forfeitures incurred by the said John and forfeit. L. Melvin, for having executed any of the duties of the said office of justice of the peace without having taken the oath of office within the time prescribed by law, are hereby remitted. ted. Saving clause. §3. This act shall not affect the rights of any party to any suit or legal proceedings, which may have been had or commenced, in consequence of the invalidity of any proceedings before the said justice previous to its passage. § 4. This act shall take effect immediately. CHAP. 141. AN ACT to amend the act entitled "An act to renew and amend the act to incorporate the Hudson and Delaware Railroad Company," passed April 21, 1835. Passed April 8, 1842, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The Hudson and Delaware Railroad Company, may Road how to construct their railroad through the county of Orange in such be located. direction as the directors of the said company hereafter elected shall direct, to any point on the line between said county and the state of New-Jersey, without running the same to the Delaware river; and they are also, hereby authorized to construct any branch or branches of their said railroad to any other point or points in the said county, the directors of the said company shall direct and connect the same with any other railroad constructed in or passing through said county on such terms as may be mutually agreed on between the said company and such other railroad company. ded. § 2. The time for finishing said railroad is hereby extended Time exten for four years from and after the time fixed by the act hereby amended. § 3. The legislature may at any time alter, modify or repeal this act. CHAP. 142. AN ACT in relation to the Regents of the University. Passed April 8, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : cio a regent. § 1. In addition to the number of the Regents of the Univer- Secretary of sity of the state of New-York now prescribed by law, the Se-State ex officretary of the State of this state, for the time being, shall be a regent by virtue of his office. 2. The third section of the first Article of Title I, of Chap- Amendment ter XV, of the first Part of the Revised Statutes is hereby so amended as to read as follows: "§ 3. The regents are twenty-two in number, including the Twenty-two Governor, Lieutenant-Governor and Secretary of State, who regents, are members of the board by virtue of their offices." § 3. This act shall take effect immediately. |