shall proceed to impose a fine or to imprison him, or both, as the nature of the case shall require; but in all cases which have arisen or may hereafter arise under the provisions of this title, the court or tribunal ordering such imprisonment, may in their discretion, (in cases of inability to perform the requirements imposed,) relieve the person or persons so imprisoned, in such manner and upon such terms as they shall deem just and proper. § 2. This act shall take effect immediately. CHAP. 10. AN ACT to confirm the official acts of Emery Sampson, a justice of the peace. Passed January 31, 1843. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. All the proceedings which have been by and before Official acts Emery Sampson, as a justice of the peace of the town of confirmed. Concord, in the county of Erie, and all official acts done by him since the first day of January, one thousand eight hundred and forty-two, shall be held to be of the same force and validity as if the said Emery Sampson had taken the oath of office in the manner and within the time prescribed by law. ures remit § 2. All liabilities and forfeitures incurred by the said Liabilities Emery Sampson for having executed any of the duties of and forfeit said office of justice of the peace, without having taken the ted. oath of office in the manner and within the time prescribed by law, are hereby remitted. clause. §3. This act shall not affect the right of any party to any Saving suit or legal proceedings which may have been had or commenced in consequence of the invalidity of any proceedings before the said justice previous to its passage. §4. This act shall take effect immediately. Money to be raised by tax. CHAP. 11. AN ACT for the relief of Mumford Clark, coll school district number six, in the town of Pittsfo Passed January 31, The People of the State of New-York, represented nate and Assembly, do enact as follows: § 1. The taxable inhabitants of school district num in the town of Pittsford, in the county of Monroe, are authorized at their first or any subsequent meeting, to a tax on said district sufficient to pay the whole or a of the amount of a judgment rendered in the suprem in favor of Mortimer F. Delano, administrator with t annexed of James K. Guernsey deceased, against M Clark, collector of said district, together with the i thereon, and such sum in addition thereto, as the said inhabitants at said meeting, or a majority thereof, satisfied is justly due to the said Mumford Clark for penditures and trouble in and about the defence of t suit, the said tax to be levied and collected in the sam ner as other school taxes imposed in said district, an over to the said Mumford Clark. § 2. This act shall take effect immediately. CHAP. 12. AN ACT to amend an act entitled "An act in rela common schools in the city of Hudson," passed M 1841. Passed January 31, 18 Board to receive and expend The People of the State of New-York, represented nate and Assembly, do enact as follows: § 1. The board of superintendents appointed or appointed under the act hereby amended, are hereby a school mo- ized to receive all the moneys intended for the support of mon schools in and for the city of Hudson, and to exper same as provided in said act. Leys. Duty of county trea collectors in Hudson. § 2. It shall be the duty of the treasurer of the cour Surer and Columbia, and of the collectors of taxes in and for the of Hudson, and of the collectors of rate bills, under the visions of the act hereby amended, to pay over direct the said board of superintendents, all the moneys that come into the hands of said treasurer and said collecto spectively intended for the benefit and support of common schools in said city. when to be § 3. The reduction of the amount of moneys to be raised Reduction by tax in said city, provided for in the ninth section of the made. act hereby amended, shall not be made till the year one. thousand eight hundred and fifty-three. §4. All the provisions of the act hereby amended which Repeal. conflict with the provisions of this act, are hereby repealed. § 5. This act shall take effect immediately. CHAP. 13. AN ACT to amend an act entitled "An act to authorize the supervisors of the county of Monroe, to raise money to improve their poor-house and enlarge the farm attached thereto, and for other purposes," passed February 25, 1840. Passed February 3, 1843. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: tended. § 1. The payment of two thousand dollars of the princi- Time for pal of the sum of money authorized to be loaned to the payment excounty of Monroe, by the act entitled, "An act to authorize the supervisors of the county of Monroe, to raise money to improve their poor-house and enlarge the farm attached thereto, and for other purposes," passed February 25th, 1840, is hereby extended one year from the fifteenth day of February, one thousand eight hundred and forty-three; and such principal shall be paid in two equal annual instalments, the first of which instalments to be paid on the fifteenth day of February, one thousand eight hundred and forty-four, and the other of said instalments on the fifteenth day of February, one thousand eight hundred and forty-five, the interest upon the whole sum remaining unpaid to be paid annually on the fif teenth day of February in each year, at the rate of seven per cent. tax. § 2. A tax shall be raised to pay the interest and princi- Money to be pal of said loan as the same shall become due, according to raised by the provisions of the preceding section, in the same manner as is prescribed in the second section of the aforesaid act; and all the provisions of that section shall be deemed applicable to, and form a part of this act. 3. This act shall take effect immediately. confirmed. СНАР. 14. AN ACT to confirm the official acts of Stephen H. Johnson, a Master in Chancery. Passed February 3, 1843. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Official acts § 1. The official acts of Stephen H. Johnson, a master in chancery for the county of Schenectady, and all proceedings which have been had by and before him as such master, shall be held and adjudged to be of the same force, effect and validity as if the said Stephen H. Johnson had executed and filed a bond with sureties, pursuant to and within the time required by the act entitled "An act requiring masters in chancery to give sureties," passed March 23, 1833. On filing bond, to close up business. Saving clause. Corpora tion created to be ma §2. That on filing the bond required by the said act, the said master may proceed and close up all business which has been commenced by and before him, in the same manner and with the like effect as if the said act had not been passed. §3. This act shall not affect any suit or legal proceedings which may have been had or commenced, in consequence of the illegality of any proceedings had by or before the said Stephen H. Johnson as such master in chancery, previous to its passage. §4. This act shall take effect immediately. CHAP. 15. AN ACT to incorporate the Westfield Cemetery Association. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. George Hall, Augustin U. Baldwin, Hiram Tiffany, James D. Carlisle, Hoel Beadle, and such other persons as may hereafter associate with them, are hereby constituted a body corporate, by the name of the "Westfield Cemetery Association," with power to take, hold and convey real and personal estate in the town of Westfield, county of Chautauque, to the use of the said corporation, to an amount not exceeding five thousand dollars. Affairs how § 2. The estate, stock, property and affairs of the said corporation shall be managed by trustees to be elected in the manner hereinafter directed, who shall hold their offices. naged. ces. for three years, and until others shall be chosen in their plaThe five persons named in the first section of this act, shall be the first trustees, and shall hold their offices until the first Tuesday in January, eighteen hundred and fortyfour, and until others be chosen. quire land. §3. The said corporation may acquire, take and hold a May ac lot or tract of land, not exceeding ten acres; which land, when acquired by said corporation and their grantees, shall be used exclusively as a cemetery or place for burial of the dead, and it shall be surveyed, and a suitable portion thereof shall be set off for a potter's field, as a place of interment for the stranger and the indigent, free of expense. The residue shall be subdivided into lots of a convenient size, and numbered; and a map of said survey shall be filed in the office of the clerk of the county of Chautauque. The trustees may then sell and convey such lots on such terms and at such prices as they shall agree on. The conveyances shall be made under the seal of the said corporation, and signed by the president and secretary thereof; but all moneys obtained by such sales, shall be applied by said trustees to the payment of the purchase money of the land acquired by said corporation, and to improving and embellishing the same as a cemetery. 4. An election shall be held on the first Tuesday of Jan- Election. uary, eighteen hundred and forty-four, and every first Tuesday in January in every third year thereafter, at such time and place in the said village of Westfield, as the trustees. shall appoint. Notice of such election shall be given by posting a notice thereof in three public places in said village of Westfield, at least fourteen days previous to the time of holding the same. The election shall be by ballot, and every owner of a lot or lots shall have a vote for every lot he may own: and the five persons being lot owners, who shall have a majority of all the votes given, shall be declared duly elected trustees. The trustees shall have power to fill any vacancy which may occur during their term of office: and if it shall so happen that an election shall not be had on the day designated by this act, the corporation shall not for that cause be dissolved, but the election may be held on any other day, giving notice thereof as hereinbefore directed. from taxes, § 5. The said cemetery shall be, and hereby is, declared Exemption exempt from all public taxes, rates and assessments, and &c. shall not be liable on execution, but the proprietors and their heirs, devisees or assigns may forever hold the same, entirely and totally exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery. § 6. The said corporation shall possess the general pow- General ers, and be subject to the liabilities and provisions contained powers. |