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nango and not elsewhere; and any provisions of the act hereby amended inconsistent herewith, shall be no longer in force. § 2. This act shall take effect immediately.

CHAP. 43.

AN ACT abolishing certain terms of the court of common pleas in the county of Warren.

[Passed March 6, 1840.]

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

§ 1. The second section of the act entitled "An act altering the time of holding the court of common pleas and general sessions of the peace in the county of Warren," passed April 25th, 1833, is hereby repealed.

§2. This act shall take effect from the passage thereof.

CHAP. 44.

AN ACT to authorize the board of supervisors of the county of Ulster to raise money by tax to build a bridge.

[Passed March 9, 1840.]

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

raised by

tax.

§ 1. The board of supervisors of the county of Ulster, are Money to be hereby authorized at their next meeting, to raise by tax on the town of Kingston, in said county, the sum of six hundred and fifty dollars, the balance now remaining due of the sum expended by the commissioners of highways of said town, in the year one thousand eight hundred and thirty-nine, in rebuilding the bridge over the Esopus creek in said town, together with the interest which shall have accrued on said balance, and may thereafter accrue thereon, until the same shall be paid, to be applied by said commissioners in payment of said balance and said interest, or of the money hereby authorized to be borrowed and interest thereon.

applied.

§ 2. The sum hereby authorized to be raised, when paid to How to be the county treasurer, shall be subject to the order of the commissioners of highways of said town of Kingston, whose duty it shall be to apply the same to the purpose and in manner aforesaid, and to account for the same in like manner as for other moneys which may come to their hands for the improvement of roads and bridges.

Money may be borrowed

Security for the loan.

§ 3. It shall be lawful for said commissioners to borrow on the credit of said town, the said sum of six hundred and fifty dollars, with the interest which may be due thereon, to be by them applied to pay said balance and interest, and to be repaid by the money authorized to be raised by this act, and to be accounted for in manner above provided.

§ 4. The said commissioners shall grant to the individual or corporation from whom the said loan shall be made, a certificate or certificates, stating the amount of money borrowed by them for said town, and the terms of said loan, and the said town shall be liable for the payment of such loan or loans, with the interest thereon.

§ 5. This act shall take effect immediately.

CHAP. 45.

AN ACT in relation to the superintendents of the House of
Industry in the county of Rensselaer.

[Passed March 9, 1840.]

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

§ 1. The superintendents of the House of Industry of the county of Rensselaer, shall be superintendents of the poor of said county, and shall possess all the powers and be subject to all the regulations which superintendents of the poor of the several counties of this state possess and are subject to.

CHAP. 46.

AN ACT to revive the act to incorporate the Huntington Mutual Fire Insurance Company in the county of Suffolk.

[Passed March 12, 1840.]

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

§ 1. The "Act incorporating the Huntington Mutual Fire Insurance Company in the county of Suffolk," passed April 2, 1838, is hereby revived, with all the powers and privileges, and subject to all the restrictions and limitations granted and imposed by said act.

2. This act shall take effect immediately.

CHAP. 47.

AN ACT to amend the charter of the village of Peekskill. [Passed March 12, 1840.]

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

§ 1. The third section of the act to incorporate the village of Peekskill, is hereby amended, so as to read as follows:

66

trict and

"§ 3. The said village of Peekskill, and for the distance Road disof one-half mile beyond the bounds of the same, shall be a road highway district, and shall be exempt from the superintendence of the labor. commissioners of highways of the town of Cortland; and the trustees of said village shall be commissioners of highways, and shall have the same powers, and be charged with the same duties over the roads as above described, as other commissioners of highways have or possess; they may divide the same into districts, and appoint an overseer in each, who shall hold his place during their pleasure; and all such overseers shall have the same powers, be charged with the same duties, be subject to the same liabilities as overseers of highways in towns, (except when such powers, duties or liabilities may conflict with this act); and the inhabitants residing within the said village of Peekskill, and also the inhabitants residing within the half mile beyond the bounds of said village, shall be assessed for highway labor by the said trustees of said village, in the same way and manner, and in the same proportion as the other inhabitants of said town of Cortland are assessed by the commissioners of highways of said town, except that such assessments, both in and out of this village, instead of being worked out by the persons so assessed, shall be collected in money, at the rate of sixty-two and a half cents for each day assessed; and the same shall be collected by the collector of said village, upon a warrant to be issued by the trustees, as herewith directed, in the same way and manner, and with like power and authority, as the other taxes of said village are authorized to be collected by the collector, and shall pay the same to the treasurer within five days after the return day of the warrant, deducting thereupon five per cent as his fees: and the said trustees are hereby authorized to issue a warrant, in the same way and of like form as for the collection of the other taxes in said village, and annex the same to the road list of said village as made out by them."

§ 2. The fourth section of said act is hereby amended, so Annual that the annual meeting of the inhabitants of said village for meeting. the election of officers, shall be held hereafter on the last Monday of March in each and every year, instead of the first Tuesday in June, as provided in said act.

Provision respecting

§3. The tenth section of said act is hereby amended, so as to read as follows:

"§ 10. All penalties for the violation of any ordinance reanimals run- Straining cattle, beasts, and animals from running at large, ning at large shall be collected by suit, and not by impounding and sale;

in the vil

Jage.

but all cattle, beasts and animals, notwithstanding such penalty, and even should the same be collected, in addition thereto may be impounded by the pound-master, or any other resident of said village, in the public pound of said village, for such vio. lation, and sold for non-payment of the fees of the poundmaster. The pound-master, immediately after impounding any cattle, beasts or animals, shall put up notices in three of the most public places of said village, describing the ani mals as near as may be, and in such notice shall require the owner of said cattle, beast, or other animal, to call upon the said pound-master at his place of residence, and pay the fees of said pound-master for impounding and keeping the same, on or before a certain time therein to be mentioned, not less than six days from the time of posting up said notice. If the owner of said cattle, beasts or other animal shall fail, on or before the expiration of said time, to pay to said poundmaster his fees for keeping and impounding said cattle, beasts or other animals, the said pound-master shall then immediately give notice, by posting the same up at three of the most public places of said village, that said cattle, beast or other animal, as the case may be, will be sold at public vendue, at a time and place therein to be specified, in the said village, for the purpose of paying said pound-master for the impounding, keeping and selling said cattle, beasts, or other animals. The notice of sale shall be at least six days from the time of posting the same up, to the day of sale. The said poundmaster, after paying his own charges, shall, within five days after said sale, pay the surplus to the treasurer of said village for the owner, if claimed within three months from the payment to such treasurer, if not, for the benefit of the village. The fees and charges of the pound-master shall be fixed and regulated by the trustees of said village, by a by-law to be passed by them; and authority is hereby given to such trustees to pass such law upon that subject as they may think proper."

CHAP. 48.

AN ACT further to amend an act entitled "An act to incorporate the village of Fredonia," passed May 2, 1829.

[Passed March 12, 1840.]

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

raised by

§ 1. It shall and may be lawful for the inhabitants of the Money to be village of Fredonia at their annual meetings, from time to tax. time, to vote to raise by tax, in such manner as taxes are usually raised, assessed and collected in the said village, such sum or sums of money as they may deem necessary to enable the president and trustees of the said village to ascertain, establish and maintain a true meridian line in the said village, and to keep for the use of the said village the true time.

to be kept

§ 2. It shall and may be lawful for the president and trus- True time tees of the said village, with the aid of any funds raised for that purpose, or any funds which they may loan for that purpose, and which loan they are hereby authorized to make, to ascertain, determine and establish a true meridian line in the said village, and to provide for keeping, and keep for the convenience of the inhabitants of the said village, the true and correct time, and to employ agents and servants, and to make and maintain such monuments, buildings and other erections as they may deem necessary for all or any of the purposes aforesaid.

§ 3. In all cases of appeal from any order of the trustees of Appeals. said village, for laying out or discontinuing any road, street, lane or alley, the judges to whom such appeal shall have been made, shall have the like powers, and be subject to the like duties as in cases of appeal from commissioners of highways in laying out, altering or discontinuing any road; and the proceedings under such appeals shall be conducted in the same manner as appeals from the determinations of commissioners of highways are required to be conducted.

CHAP. 49.

AN ACT to raise money for bridges in Marbletown.

[Passed March 12, 1840.]

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

raised by

§ 1. The supervisors of the county of Ulster are hereby Money to be authorized, at their next annual meeting, to cause to be levied and collected upon the taxable inhabitants of the town of

tax.

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