Part of Orleans. tween the towns of Clayton and Orleans, at the southerly margin of the said river St. Lawrence; thence through Eel Bay, around the head of Wells island to the division line between the state of New-York and the province of Upper Canada ; thence down said division line to the east line of the town of Clayton, shall be attached to and belong to the town of Orleans. § 3. All that part of the town of Alexandria, south and west annexed to of a line running from the northeast corner of the said town of Orleans, north forty-two degrees west, on a straight line until it intersects the present line between the towns of Clayton and Alexandria, at the bank of the river St. Lawrence, shall be attached to, and belong to the aforesaid town of Orleans. of stock. § 4. This act shall take effect immediately. CHAP. 18. AN ACT in relation to the Bank Fund. [Passed February 8, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Comptroller § 1. Whenever the Comptroller shall be lawfully required or may issue transferable authorized to pay or apply any moneys belonging to the bank certificates fund to the immediate redemption of the notes or bills of any banking corporation, it shall be lawful for him to issue to the treasurer of this state transferable certificates of stock, in the manner prescribed by chapter three hundred and twenty of the laws of eighteen hundred and thirty-one, redeemable at any time not exceeding ten years from the date thereof, to be specified in such certificate bearing an interest not exceeding the rate of six per centum per annum, to the amount so required or authorized to be paid or applied, and deliver the same to the said treasurer, who shall thereupon cancel an equal amount of certificates of stock heretofore issued to him in trust for the said fund, under chapter two hundred and seventyfour of the laws of eighteen hundred and thirty-three, and chapter one hundred and two of the laws of eighteen hundred and thirty-seven. Such stock changed for § 2. The Comptroller and Treasurer may exchange any may be ex- such transferable certificates of stock for the bills or notes of the bills of any banking corporation which the Comptroller may be so rebanks re- quired or authorized to pay or redeem, or may sell and dispose quired to be of such certificates of stock on the best terms which can be ob certain redeemed. tained; and the Comptroller shall apply the proceeds thereof to the redemption of such notes or bills, in such manner as he may deem most effectual to prevent any loss to the holders of such bills or notes from a depreciation of value thereof. Any premium obtained on the exchange or sale of such stock, shall belong to the general fund. exchange for said § 3. It shall be lawful for any bank within this state to ex- Banks may change any bills which the Comptroller may be required to such bills redeem with the moneys belonging to the bank fund, for any stock. stock to be issued by virtue of this act; and also to purchase, hold and dispose of such stock, which shall not be deemed to constitute any portion of the loans or discounts of such bank. § 4. This act shall take effect immediately. CHAP. 19. AN ACT to amend Chapter fourteen of the first Part of the [Passed February 8, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : $20,000. § 1. Section eight of Title first of Chapter fourteen of the Bond to be first Part of the Revised Statutes, shall be, and the same is hereby amended, so as to require the penalty of the bond therein mentioned, to be twenty thousand dollars instead of five thousand dollars, as now provided by said section. § 2. This act shall take effect immediately. CHAP. 20. AN ACT to erect the town of Seward in the county of Schoharie. [Passed February 11, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Seward § 1. On and after the third Tuesday of February instant, all Town of that part of the town of Sharon, lying south of a line begin- erected. ning at the county line between the aforesaid town of Sharon and the town of Cherry-Valley in the county of Otsego, at a point five chains northerly from the first allotment of the Belvidere patent and runs in a direct line easterly across the said town of Sharon to the division line of the said town of Sharon and Carlisle, which line dividing the town of Sharon and the town of Seward, hereby erected, terminates in the southerly part of lot number thirty-five, in a patent formerly granted to Jacob Borst and others, at a point forty-three Sharon to remain. First town meeting in Seward. Poor and bridge money to be divided. School money. R. S. and acts of 1829 and 1830 to apply. Justices and commission chains and seventy-five links southerly from the great western turnpike road where the line dividing the towns of Sharon and Carlisle crosses said road, and also at the distance of twenty-seven chains thirty links southerly from a spring known in a description of the said town of Carlisle, near the west end of the now dwelling house of Frederick Ramsey, formerly known as the house of John Reddington, shall be and remain a separate town by the name of Seward, and the first town meeting to be held therein, shall be held at the house lately occupied by John C. Wooden, as a tavern, in the village of Hyndsville, on the third Tuesday of February instant, and annually thereafter at the same place, unless a majority of the electors of said town shall otherwise direct, on the day fixed by the board of supervisors of the said county of Schoharie for the holding of town meetings in the several towns therein. § 2. All that part of Sharon lying north of the aforesaid line shall be and remain a separate town by the name of Sharon, and the next Sharon town meeting shall be held at the place made choice of by the electors at their last annual town meeting. 3. John M. Handy, Martin Marcley, William Boyce, Douw B. Gardner and Hiram Saxton, or any one of them, may preside at the first town meeting in the said town of Seward, and shall have and possess full and sufficient power to keep the polls at such town meeting. $4. The supervisors and town clerks of said towns, together with the overseers of the poor, as soon as may be, after the town meeting in said towns, notice being first given, shall meet together and divide the poor and bridge moneys and all other funds belonging to said original town of Sharon agreeably to the last tax list of the said town of Sharon, and each of the said towns shall forever thereafter maintain their own poor. § 5. The commissioners of common schools of the town of Sharon, shall distribute to the trustees of the several districts in the towns of Sharon and Seward, as they are now organized, the school moneys apportioned and appropriated and raised in said town of Sharon during the first year after this act takes effect, in the same manner as if this act had not been passed. § 6. The provisions of the fourth Article of the fourth Title of the fifth Chapter of the first Part of the Revised Statutes, and the act entitled "An act concerning the election of justices," passed May 4th, 1829, and the act amending the same, passed April 20th, 1830, shall apply and be in force in regard to the towns of Sharon and Seward, upon the passage of this act. § 7. All justices of the peace and commissioners of deeds ers of deeds, now residing within the bounds of the town hereby erected, shall hold their respective offices during the time for which they have been elected, and the remaining number of commissioners of deeds to which said town shall by law be entitled, shall be appointed or chosen as soon as may be, after this act shall take effect. § 8. This act shall take effect on and after the third Tuesday of February instant. CHAP. 21. AN ACT to provide for the election of mayors by the people. [Passed February 13, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: to be elect § 1. Mayors of the several cities in this state shall be elect- Mayers how ed annually by ballot, by the male inhabitants entitled to vote a for members of the common council of such cities respectively. § 2. The inspectors of elections in the several wards of said Ballots. cities, shall prepare a separate box, in which the ballots for mayor shall be deposited. On the outer side of each ballot, when folded, there shall appear written or printed, the word Mayor." But no ballot found in such box shall be rejected for the want of any such endorsement. how to be § 3. All the provisions of law in force in the said cities, in Election respect to the time and manner of notifying, holding and con- conducted. ducting elections for charter officers, shall apply, so far as applicable, to the election of mayors in said cities respectively. votes. § 4. The inspectors of the several wards of said cities, shall Canvass of canvass the ballots for mayor, and certify and state the result, in the same manner they are required to do in respect to the election of aldermen in the said cities respectively. and certifi § 5. The said statement and certificate by the inspectors, Statement shall, on the same or the next day after the canvass is com- cate to be pleted, be by them filed with the clerk of the city. filed. determine elected. § 6. The clerk shall deliver such statement and certificate Common to the common council, at their next meeting after such elec council to tion; whereupon said common council shall proceed to deter- who is mine and declare who is duly elected to the office of mayor: and the person having the greatest number of votes shall be declared duly elected. And the said common council shall make a certificate of their determination, which shall be signed by the members present, or a majority of them, and filed with the said clerk. take oath of office. § 7. The mayors elected in pursuance of this act, shall take Mayors to the constitutional oath of office, and enter on the duties of their office at the same time that the members of the common council elected at the same election enter on the performance of their duties, and shall hold their office for one year and un Vacancies how to be filled. Repeal. Exception til a successor be elected and takes the constitutional oath of office. § 8. In case a vacancy shall occur in the office of mayor in any of the cities of this state, the common council of such city shall by ballot elect a mayor to fill such vacancy, who shall hold his office until a successor shall be duly elected and take the constitutional oath of office. § 9. All acts and parts of acts now in force, inconsistent with the provisions of this act, are hereby repealed. § 10. This act shall not apply to the city of New-York, and as to New shall take effect immediately. York. Time extended six months. Name CHAP. 22. AN ACT concerning the personal representatives of John [Passed February 13, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The act entitled "An act for the relief of the personal representatives of John Thurman, deceased," passed April 20, 1832, extended for a limited period, April 26, 1833, and further extended for a limited period, February 22, 1838, may be executed at any time within six months from the time this act shall take effect, any thing in Sections forty-four and fortyfive of Article third of Title fifth of Chapter ninth of Part first of the Revised Statutes to the contrary notwithstanding. §2. This act shall take effect immediately. CHAP. 23. AN ACT to change the name of the town of South Salem. [Passed February 13, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The town of South Salem, in the county of WestchesLewisboro ter, shall hereafter be called and known by the name of Lew changed to Saving clause. isboro'. § 2. Nothing contained in this act shall in any way affect the rights of any inhabitant or officer of said town, or of any other person, or of the town itself. § 3. This act shall take effect immediately. |