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to the payment of canal damages. Such appraisal and award, if any so made, shall be subject to appeal to the canal board as in other cases.

§ 3. This act shall take effect immediately.

Chap. 497.

AN ACT in relation to the planting of shell fish in the waters of Shinecock bay, in the town of South Hampton, in the county of Suffolk.

Passed April 15, 1857.

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

SECTION 1. The owners and lessees of land bounded Oyster upon that part of Shinecock bay, lying west of a line drawn planting. due south from Pine Neck point, in the town of South Hampton, in the county of Suffolk, may plant oysters or clams in the waters of said bay, opposite their respective lands, extending from low water mark into said bay not exceeding four rods in width.

§2. Any owner or lessee so planting oysters or clams, shall designate the locality by two or more stakes driven into the bottom at the extreme corners of the bed so planted, and shall by a suitable monument erected on the adjacent shore, indicate the fact of such planting.

§3. Any person who shall dig, or catch oysters or clams on any locality planted as above provided, without the consent of the owner or lessee, or who shall wilfully remove any stake or monument set as above provided, shall for each offence forfeit the penalty of twelve dollars to the said owner or lessee, to be sued for and recovered in any justice's court in *in the county of Suffolk, together with costs of suit.

So in the original.

Penalty.

Change of

name.

ΤΕΣ

Chap. 498.

AN ACT to change the name of John Stagg to
John S. Spencer.

Passed April 15, 1857.

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

SECTION 1. It shall be lawful for the person heretofore known by the name of John Stagg, to assume the name of John S. Spencer; but nothing in this act shall be so construed as to invalidate any act or contract heretofore made by the said John Stagg.

§ 2. This act shall take effect immediately.

Chap. 499.

AN ACT to amend the charter of the village of
Waddington, in the county of St. Lawrence.

Passed April 15, 1857, three-fifths being present.

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

SECTION 1. In addition to the powers conferred upon the trustees of the village of Waddington, in the county of St. Lawrence, by the act of incorporation hereby amended, the said trustees shall have the power to levy by general tax on the real and personal property in said village, a sum not exceeding one hundred and fifty dollars in any one year for the ordinary expenses of the village.

§ 2. If the trustees deem it necessary to levy a greater amount by tax, they shall call a special meeting of the inhabitants liable to be taxed, by giving at least fifteen days notice of the time and place of such meeting in writing, to be posted up in four public places in said village, at which meeting they shall submit a reso

lution stating the amount and for what purpose the tax is to be raised, and if a majority of the voters present concur in the passage of the resolution, the trustees shall thereupon be authorised to levy by tax the amount so stated and passed upon, not exceeding the sum of two hundred and fifty dollars in any one year.

§ 3. The following items shall be included in the ordi- Village oxnary expenses of the village, to wit:

1. The compensation to those village officers, including assessors, to whom compensation is allowed by law, or by the act hereby amended.

2. For publishing the charter and by-laws of the village.

3. For procuring the necessary blank books, blank forms and papers, for the use of the clerk and other officers of the village.

4. For prosecuting and defending actions in which the village is a party, or is bound to indemnify a party, and for other services requiring legal skill.

5. For constructing and repairing crosswalks.

6. For necessary advances in making or repairing sidewalks, or abating nuisances, upon failure of the owner or occupant to comply with the *drections of the trustees in respect thereto.

7. For purchasing, maintaining and keeping in repair and in serviceable condition, fire engines, fire hooks and ladders, and other apparatus for extinguishing fires.

8. For maintaining and keeping in repair an engine house for each engine and apparatus.

9. For procuring and maintaining a public pound, and for keeping in repair any other property belonging to the village.

10. To pay any damages lawfully assessed, upon laying out, opening or altering any street.

11. For necessary expenses of doing any lawful act, and to pay any lawful judgment against the village.

§ 4. The trustees shall have power to issue warrants for the collection of taxes and assessments, and of the expenses of making and repairing sidewalks and abating nuisances; such warrants shall require the money therein mentioned to be paid to the treasurer, and shall be returnable in sixty days from the time of issuing the same.

* So in the original.

penses.

Fire warden.

Nuisance.

Sidewalks, &c.

.

§ 5. To prevent the use of any unsafe fire places, stoves, chimneys, stove pipes, smoke house, or repository of ashes, and appoint a fire warden, whose duty it shall be to inspect in the day time every house and lot in the village, in relation to its security against fire.

6. To direct the manner and superintend the making and repairing of sidewalks and crosswalks in said village. § 7. To determine, in case of disease or danger of disease, the existence of a public nuisance in any part of the village, and to compel its removal or abatement, and if not done within such time as the trustees may allow, to cause the same to be removed or abated at the expense of the village, and to declare such expense to be a lien on the lot, and to enforce the collection thereof by action in any court in this state against the owner or any other person who may have erected or maintained such nuisance.

§ 8. To make regulations for taxing and confining dogs, and for destroying such as may be found running at large contrary to ordinance.

§ 9. To do any act necessary to carry into effect any resolution or ordinance, or other proceeding which they are authorised to adopt by this act, or the act hereby amended, or by any statute.

§ 10. Upon the application in writing from a majority of the resident owners of real estate on or adjoining any street or alley in said village for that purpose, the trustees shall have power to authorise and require the flagging and curbing of such portions of the sidewalk of any street or alley in said village embraced in said application, with stone, plank, or other material, as they shall think proper, and shall cause notice to be given of the manner in which they shall require the same to be done, by putting a written notice in three public places in said village, and also by serving on such resident owners as are known, and which notice shall also state in what time the work shall be done, not exceeding sixty days, and in case any part of said sidewalks shall not be completed as required at the expiration of said time, the trustees are empowered to go on and complete the same, and the expense of so doing shall be lien upon the said real estate on and adjoining which the said walk shall be so constructed by the trustees, and shall be a charge against the

owners or occupants respectively, and shall be collected in the manner provided in section ten of the act hereby amended for the collection of unpaid taxes.

Assess

§ 11. All taxes and assessments, including expenses ments. incurred by trustees for making sidewalks provided in the preceding section, on and adjoining the lands of such non-residents, as may be necessary to complete the said sidewalks in a proper manner, shall be returned to the county treasurer by the collector and trustees of the village respectively, in the same manner and possess the same effect as unpaid county taxes against non-resident owners of real estate.

Chap. 500.

AN ACT to amend the Charter of the city of Troy, relative to the election of Charter officers.

Passed April 15, 1857, three-fifths being present.

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

SECTION 1. At each annual election for charter officers Election. in and for the city of Troy, the electors of said city shall vote by ballot, and there shall be provided in the manner now prescribed by law, for each poll in the respective wards of said city, two ballot boxes, one of which shall be labelled "city" and the other "ward;" the polls of such election shall be opened at nine o'clock in the forenoon, and shall continue open until sunset of the same day, and no longer.

§ 2. The ballot shall be a paper ticket, which shall Ballots. contain written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen.

§ 3. The word "city" shall be endorsed on the outside of each ballot containing the names of the officers designated by the elector for the offices of mayor, justice of

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