the justice's court, clerk of the justice's court, assessor, and recorder; and the names of all charter officers to be chosen by the electors of said city at large, at such election, shall be designated in said ballot; and the word "ward" shall be endorsed on the outside of each ballot containing the names of the persons designated by the electors of the respective wards in said city, for the offices of supervisor, alderman, school commissioner, constable, and inspectors of election, and the names of all officers to be chosen by the several wards respectively, at such election, shall be contained in the ballot endorsed "ward." Such ballots shall be deposited in the separate box designated in the first section of this act, but no ballot found in the wrong box shall be rejected by reason of its being so misplaced. § 4. All the provisions of law now applicable to the election of charter officers, in said city, not inconsistent with this act, shall be applicable to and govern the election of said charter officers hereafter to be elected; and all laws and parts of laws inconsistent with the provisions of this act, are hereby repealed. 5. This act shall take effect immediately. Chap. 501. AN ACT authorising the canal commissioners to remedy the evils resulting to certain inhabitants of this state from the increased height of the dam across the mouth of Tonawanda creek for canal purposes. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The canal commissioners are authorised to construct such dykes and ditches along the south side of the Tonawanda creek, and the north side of Ellicott's creek, where the said creeks are used for canal purposes, and also, such culvert under Ellicott's creek, and adopt and carry out such other measures as shall, in the judgment of such commissioners, be sufficient to restore such lands as are overflowed by reason of an increased height of the dam across said Tonawanda creek near its mouth, for canal purposes, over the height of the same when originally constructed, to such state as shall not unnecessarily render those lands a source of sickness to the inhabitants in the vicinity of such lands, or destroy the use of such lands. §2. The expense of such works shall be paid out of any funds in the treasury applicable to the payment for repairs of the Erie canal. Chap. 502. AN ACT to enable the comptroller to credit back to the county of Clinton certain taxes on nonresident lots in said county, heretofore assessed and canceled. 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. The comptroller, in stating the account with the county of Clinton for taxes on non-resident lands, may credit back to the said county the sum of four hundred and eighty-one dollars and six cents, it being the amount of taxes assessed as non-resident lands, from the year eighteen hundred and thirty-one, upon lot number seventy-three, of township number six, old military tract, in said county, and which were canceled on the seventh day of September, eighteen hundred and fifty-four, and on the nineteenth day of November, eighteen hundred and fifty-five, and charged to said county with interest. Chap. 503. AN ACT ceding to the town of Islip, in the county of Suffolk, the interest of the people of the state of New-York, in certain lands within the boundaries of said town. Passed April 15, 1857, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The title and interest of the people of the state of New-York, to any lands lying within the boundaries of the town of Islip, in the county of Suffolk, ceded by the trustees of the town of Huntington to said town of Islip, July thirteenth, eighteen hundred and eighteen, are hereby ceded and granted to that town. § 2. All grants heretofore made by said town, or under its authority, of any portion of said land within its boundaries, shall be of the same validity and effect as if the interest of the people of this state in such lands, had been ceded to the said town before such grants were made or authorised. § 3. The electors of the town of Islip shall, at the annual town meeting in each and every year hereafter, choose three trustees who shall have the charge of the lands of said town, under such legal rules and regulations as may from time to time be made by said electors. § 4. Nothing contained in this act shall in any way impair any deed or other instrument in writing, heretofore made relative to any of the said lands, between the town of Islip and the "Trustees of the freeholders and commonalty of the town of Huntington." § 5. This act shall take effect immediately. Chap. 504. AN ACT to provide for an investigation into the origin of fires in certain cases. 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. Whenever it shall be made to appear by the Affidavit affidavit of a credible witness, that there is ground to believe that any building has been maliciously set on fire, or attempted to be, any coroner, sheriff or deputy sheriff of the county in which such crime is supposed to have been committed, to whom such affidavit shall be delivered, and who shall be requested in writing by the president, secretary, or agent of any insurance company, or by two or more reputable freeholders to investigate the truth of such belief, shall do so without delay. 2. For this purpose he shall possess all the powers conferred upon coroners for the purpose of holding inquests by the first four sections of article first of title seventh of chapter second of part fourth of the revised statutes. Powers of coroner. § 3. The jury, after inspecting the place where the fire Jury. was or was attempted, and after hearing the testimony, shall deliver to the officer holding such inquest their inquisition in writing, to be signed by them, in which they shall find and certify how, and in what manner such fire happened or was attempted, and all the circumstances attending the same, and who were guilty thereof, either as principal or accessory, and in what manner. But if such jury shall be unable to ascertain the origin and circumstances of such fire, they shall find and certify accordingly. §4. If the jury find that any building has been design- If guilty. edly set on fire, or has been attempted so to be, the officer holding such inquest shall bind over the witnesses to appear and testify at the next criminal court, at which an indictment for such offence can be found, that shall be held in the county. And in such case, if the party charged Officer issuing pro cess. Witnesses. Pay of offi cers. Corporate limits. with any such offence be not in custody, the officer holding such inquest shall have power to issue process for his arrest in the same manner as justices of the peace. § 5. The officer issuing such process shall have the same power to examine the party arrested as is possessed by a justice of the peace, and shall in all respects proceed in like manner. § 6. The testimony of all witnesses examined before the jury under this law, shall be reduced to writing by the officer holding the inquest, and shall be returned by him, together with the inquisition of the jury, and all recognizances and examinations taken by such officer, to the next criminal court of record that shall be held in such county. § 7. The compensation of the officers holding such inquest, and their actual and necessary expenses under this act, shall be fixed, audited, and paid in the same manner as the compensation and actual and necessary expenses of coroners are now provided for by law. § 8. This act shall not extend to the cities of New-York, Brooklyn and Buffalo. § 9. This act shall take effect immediately. Chap. 50.5. AN ACT to incorporate the village of Cleveland, Passed April 15, 1857, three-fifths being present. SECTION 1. All that part of the town of Constantia, county of Oswego, comprised within the following limits: commencing at the southeast corner of said county of Oswego, on the north shore of Oneida lake, and running thence northerly along the east line of Oswego county, to the southeast corner of sub-division lot number five of great lot number one hundred and thirty-two; thence westerly along the south line of said sub-division lot |