Books, records and papers. To be transcribed. Commis sioners to $12. The books, records and papers appertaining to the county of Montgomery, shall be and remain the property of the said county of Montgomery; so many and such portions thereof as concern the said county of Fulton, and the real property therein, shall be transcribed and copied into suitable books to be provided for the purpose, at the mutual expense of the said counties in the manner hereinafter provided. S13. John Sanford, Lewis Averill and Daniel J. McMartin, are hereby appointed commissioners, a majority of whom shall have power to procure the necessary books and stationery, and to contract with such person or persons as they shall deem fit, to transcribe and copy the said books and records on such terms as they shall think equitable and just; and the said person or persons so employed shall give a bond, with approved sureties, to the treasurer of the said county of Fulton, for the faithful performance of the duties required of him or them. 14. The said commissioners shall, before they enter upon give bond. the duties of their appointment, give a bond, with sureties, to the treasurer of the county of Fulton, to be approved by him, for the faithful performance of their duties; and they shall severally be entitled to receive the sum of two dollars for each day they shall be necessarily employed therein; to be paid by the said counties of Montgomery and Fulton, in the same manner as the transcribing the books and records of the county of Fulton shall be paid. Money to be drawn for. Meeting of supervisors. Two boards to be formed. S 15. The said commissioners, or a majority of them, may from time to time draw upon the treasurers of the said counties of Montgomery and Fulton, or either of them, for such sum or sums of money as may be necessary for the purposes aforesaid, and as shall come into the said treasurers' hands by virtue of this act; and the said treasurers are severally required out of the said moneys to pay to the order of the said commissioners, or a majority of them, the several sums of money which shall be drawn for by them for the purposes aforesaid. S16. There shall be a meeting of the board of supervisors of the present county of Montgomery, on the second Tuesday of May next, at the court-house in the village of Fonda, to transact such business as may be necessary in consequence of the passing of this act: and it shall be the duty of the clerk of said county, upon receiving due notice of the passing of this act, to notify each supervisor in said county of the same, and of the time and place of holding said special meeting. S 17. The said supervisors, when so convened as aforesaid, shall have power to form themselves into two separate and distinct boards: those residing in the county of Montgomery to be considered as the board of supervisors in and for the said county of Montgomery; and those residing in the county of Fulton to be considered as the board of supervisors in and for the county of Fulton; and when so formed and organized, the acts of the said respective boards of supervisors, or a majority of them, shall have the same force and effect in their several counties respectively, as if done at a regular annual meeting of the same. Fulton. $18. The annual meeting of the board of supervisors of Meeting in the said county of Fulton, shall be held on the Tuesday next after the general election in each year, at the court-house in said county. divided. $ 19. It shall be the duty of the treasurer of the county of Debts to be Montgomery, and of the treasurer of the county of Fulton, so to be appointed as aforesaid, to meet with the said supervisors at their said special meeting; and the said supervisors and treasurers, when so assembled in joint board, shall apportion and divide all debts owing by the said county of Montgomery, or to the said county, as shall be just and equitable; and shall also at the same meeting, apportion in like manner the amount to be raised by each of the said counties to defray the expenses of transcribing the books, records and papers for the county of Fulton (as herein before provided,) proportionably according to the valuation of the said counties, to be ascertained from the last assessments. raised for records. $20. The supervisors of the said counties of Montgomery Money to be and Fulton, at their next annual meeting in their respective copying counties, shall assess, levy and collect in their several counties, such sum or sums of money as shall be necessary to transcribe and copy the books, papers and records aforesaid; and when the said books, records and papers shall have been transcribed and copied as aforesaid, the person or persons making the same shall certify on oath before the clerk of the county of Fulton, that they are true copies of all the books, records and papers remaining in the clerk's office of the county of Montgomery, relating to the lands in said county of Fulton, according to the best of his or their knowledge and belief; and the said copies when so completed, and certified as aforesaid, shall be deposited in the clerk's office of the said county of Fulton, which said copies, or exemplifications, or sworn or certified copies thereof, shall thenceforth be received, accredited and considered in all courts and places as evidence, and have the same force and effect as the original records, or sworn or certified copies or exemplifications thereof could or would have. S21. The said county of Montgomery shall be entitled to Members of elect two members of Assembly, and the said county of Ful- assembly. ton and the county of Hamilton shall be entitled to elect one member of Assembly, in the same manner as the other counties of this state are by law entitled to elect members of assembly; and the said counties of Montgomery, Fulton and Congress. Hamilton shall compose the fifteenth congressional district of this state. Court $ 22. The supervisors of the said county of Fulton shall, at house, jail office in Fulton and clerk's their said special meeting, be authorised to purchase the old court-house, jail and clerk's office, in the village of Johnstown, formerly used as the court-house, jail and clerk's office of the county of Montgomery, and to raise, assess, levy and collect, in the same manner as other county taxes are by law assessed, levied and collected, a sum of money sufficient to pay for the same, and to make any repairs or improvements to the said buildings that the said board of supervisors shall deem necessary. Sheriff, clerk and coroners. Provision cial purposes until 1839. $ 23. There shall be elected in the said county of Fulton, at the next annual election, a sheriff, a clerk, and three coroners, who shall hold their said offices for the term of three years from the first day of January, in the year of our Lord one thousand eight hundred and thirty-nine. S 24. For all judicial purposes so far as relates to the cirit cuit courts and courts of oyer and terminer and courts of common pleas and general sessions, the said counties of Montgomery and Fulton shall, be considered as one county, to wit: the county of Montgomery, until the thirty-first day of December next, inclusive, and the present judges of the county of Montgomery, and the present clerk and sheriff thereof shall continue to exercise the duties of their respective offices in the said counties of Montgomery and Fulton until the said thirty-first day of December next, inclusive. Circuit courts in Fulton. Seal to be made. Court house, jail $25. There shall be two circuits and courts of oyer and terminer, and general jail delivery, held in each year at the court-house in the village of Johnstown, in and for the said county of Fulton, at such times as shall be appointed by the circuit judge for the judicial circuit in which said county is situated. $ 26. The judges of the court of common pleas in the said county of Fulton, shall have power to cause a seal to be made for said court in the manner now provided by law, whenever any seal of any court shall be lost or destroyed, with such form and device as they shall deem appropriate, which shall become the seal of the said court of said county. S 27. The said court-house, jail and clerk's office when so and clerk's purchased by the board of supervisors of the said county of Fulton, shall be the court-house, jail and clerk's office of the said county of Fulton. office. Loan to ry county. $ 28. The commissioners appointed under the act entitled Montgome An act in relation to the court-house, jail and clerk's office in the county of Montgomery," passed May 24, 1836, may borrow for, and the comptroller is hereby authorized to loan to, the county of Montgomery, as constituted by this act, the sum of seven thousand dollars, out of any moneys in the treasury of this state belonging to the capital of the common school fund, which shall be charged upon said county, and payable at any time within ten years from the passage of this act, that the board of supervisors of said county may direct, at an interest of six per cent, payable annually; and all the provisions in said act in regard to the loan in said act mentioned, shall apply to the loan herein authorized, except that the said sum of money shall be applied exclusively to the erection of a jail in and for said county of Montgomery. CHAP. 196. AN ACT to divide the county of Genesee, and to erect the county of Wyoming. PASSED May 19, 1841. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Wyoming $1. All that part of the county of Genesee lying and being County of on the south side of a line beginning at the northwest corner erected. of the town of Bennington, in the county aforesaid, and running thence east on the north line of the towns of Bennington, Attica and Middlebury, to the west line of the town of Covington; thence south on the east line of Middlebury to the southwest corner of the Craigie tract; thence east on the south line of said Craigie tract, and on the south bounds of the forty thousand acre tract to the east line of the said town of Covington, shall be a separate and distinct county of the state of New-York, and be known by the name of Wyoming, and entitled to and possessed of all the benefits, rights, privileges and immunities, and subject to the same duties as the other counties of this state, and the freeholders and inhabitants thereof shall possess and enjoy all the rights and immunities which the freeholders and inhabitants of the several counties of this state are by law entitled to possess and enjoy. All the remaining part of the present county of Genesee Genesee shall be and remain a separate and distinct county remain. by the name of Genesee. county to Pavilion $2. All that part of the town of Covington which lies Town of north of the aforesaid line, shall be and remain, from and erected. after the passage of this act, a separate and distinct town of the said county of Genesee, by the name of Pavilion, and the freeholders and inhabitants thereof shall possess and enjoy all the rights, privileges and immunities which the freeholders and inhabitants of the several towns of this state are entitled by law to possess and enjoy; and the first town meeting for said town, shall be held at the district school-house in the village of Pavilion in said town, on the first Tuesday of June next, for the choice of such officers as do not reside within the said town of Pavilion. to remain. S3. All the remaining part of the said town of Covington, Covington shall remain a separate town by the name of Covington, and the next town meeting for the said town shall be held on the first Tuesday of June next, for the choice of such town officers as do not reside within the said town of Covington. Money and debts to be divided. Courts in Wyoming county. Judges, clerks and sheriff. Courts where to be held in Wyoming county. $ 4. The supervisors of the said towns of Covington and Pavilion, shall meet together at the public house at Covington Centre on the first Monday of July next, and divide the moneys belonging to, and the debts due from, the present town of Covington, if any such there shall be, proportionably, agreeable to the last assessment roll of said town; all the town officers elected at the last annual town meeting in the town of Covington, shall continue to hold their offices the same as if this act had not been passed, except that they shall be officers of the town in which they may, at the passage of this act, respectively reside. S5. There shall be a court of common pleas and a court of general sessions of the peace, held in and for the said county of Wyoming three terms in each year, as follows: The first term shall commence on the third Monday of June, one thousand eight hundred and forty-one; the second term on the third Monday of October thereafter; and the third term on the third Monday of February thereafter, and on the same day in each year thereafter; but nothing in this act contained shall be construed so as to affect any suit, proceeding or action in any court whatever already commenced, or that shall be commenced before the third Monday of June next, so as to work a wrong to the parties therein, or to affect any criminal or other proceedings on the part of the people of this state; and all such suits or criminal proceedings may be prosecuted to trial, judgment and execution as if this act had not been passed; and the present judges of the county of Genesee, and the present clerk and sheriff thereof, shall continue to exercise the duties of their respective offices in the said counties of Genesee and Wyoming, until the nineteenth day of June next inclusive. $6. The first term of the courts of common pleas and general sessions of the peace in and for said county of Wyoming, shall be held at the public house at East-Orangeville in said county, and all the subsequent terms of the courts of common pleas and general sessions of the peace in and for the said county of Wyoming, shall be held in such place as the judges of the county courts of said county shall from time to time direct, until the court-house in the said county shall be erected and so far completed, as to be, in the opinion of the said judges, convenient to hold courts therein; and the courts of common pleas and general sessions of the peace shall thenceforth be holden in and for said county in said court-honse. The office of the clerk of said county shall be kept in such place as the judges of the county courts of said county shall direct, until the erection and completion of a suitable clerk's County seal. office for said county as hereinafter provided. The said judges shall cause a seal for said county to be made with such form and device as they shall deem appropriate, which seal shall become the seal of the county courts of the said county of Wyoming. Clerk's office. |