Amount of taxes to be levied and collected. Repeal. Lancaster school. Charter election to be CHAP. 230. AN ACT further to amend the act entitled “An act to amend the several acts relating to the city of Albany, and to combine the same into one act," passed April 13, 1826. Passed May 1, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. The mayor, aldermen and commonalty of the city of Albany, in common council convened, shall and may from year to year cause a tax not exceeding twenty thou sand dollars, to be assessed, collected and paid in the same manner as the other contingent expenses of the county of Albany are assessed, collected and paid for the defraying of contingent expenses of the city of Albany; and the supervisors of the county of Albany being served with a copy of the resolution of said common council of Albany, directing such sum and specifying the purposes for which such sum is required to be raised, shall cause the same to be raised, assessed and collected according to law; and such moneys when collected shall be paid to the chamberlain of the said city, and shall be drawn for and applied under the direction of the common council of said city. $ 2. The fourth section of the act entitled "An act to amend an act to amend the several acts relating to the city of Albany, and to combine the same into one act," passed April 2, 1827, is hereby repealed, and so much of the third, fourth and fifth sections of the act hereby amended as is inconsistent with the provisions of this act is hereby repealed. S3. That part of section thirteenth of the act "To amend the several acts relating to the city of Albany, and to combine the same into one act," passed April 13th, 1826, which directs the sum of five hundred dollars to be paid annually by the mayor of the city of Albany, out of the excise duties, to the trustees of the Albany Lancaster school, is hereby repealed; and the same shall be paid to the county treasurer for the use of the poor. $ 4. All aldermen, assistant aldermen and constables in held in May. said city, instead of being annually chosen on the last Tuesday of September, as is directed by the fourth section of the act above referred to, shall be chosen on the first Tuesday of May in each year, at the time specified by the said section for the election of supervisors and other town officers; and the inspectors holding such election shall provide two ballot boxes, on one of which shall be distinctly marked "Ward," and on the other "Charter." The ballots for aldermen and assistant aldermen shall be distinct and separate from those for any other officers then to be chosen, and shall be distinctly endorsed, charter, and when finally received by the inspectors, shall be deposited in the box marked charter; and the ballots for any other officers then to be chosen, shall be deposited in the box marked ward. The said election shall in all other respects be held, conducted, returned and certified in the manner now or hereafter required by law, and the certificate of the election of aldermen and assistant aldermen shall be filed in the office of the clerk of the common council. when to be $5. The aldermen and assistant aldermen shall be Men berg sworn into office on the second Tuesday of May, or as soon thereafter as they shall appear in common council. $ 6. Two constables may be elected in each ward of Constables. said city, on the first Tuesday of May in each year. when to be $ 7. The next election for aldermen, assistant alder- Next election men and constables shall be held on the first Tuesday of held. May, eighteen hundred and thirty-five; and the present aldermen and assistant aldermen shall continue in office and hold over until that time. renewed. S 8. All bonds executed by constables who were elect- Bonds to bu ed on the last Tuesday of September, one thousand eight hundred and thirty-three, and which will expire on the first Tuesday of October, one thousand eight hundred and thirty-four, shall, within eight days after said last mentioned time, be renewed by the execution of new bonds, pursuant to the requisitions of the Revised Statutes, and shall continue in full force until the first Tuesday of May, one thousand eight hundred and thirty-five. S9. All actions against a constable and his sureties up- Actions on any such instrument, shall be prosecuted within two years after the expiration of the time to which the same is limited. If any such constable shall not renew his bond in the manner above required, within the time limited for that purpose, such neglect shall be deemed a refusal to serve. against con stables. S 10. All persons who being habitual drunkards, desti- vagrants. tute, and without visible means of support, or who being such habitual drunkards, shall abandon, neglect or refuse to aid in the support of their families, who being complained of by such families; all able bodied or sturdy beggars who may apply for alms or solicit charity; all persons wandering abroad, lodging in watch houses, out houses, market places, sheds, stables, or uninhabited buildings, or in the open air, and not giving a good account of them persons. selves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages or other public places, or beg or receive alms within the said city, shall be deemed vagrants, and may, upon conviction before the police justice of such city, be sentenced to confinement in the county jail or work-house, for any time not exceeding sixty days, at hard labor. Disorderly S 11. All persons who have actually abandoned their wives or children in the city of Albany, or who may neglect to provide according to their means for their wives or children, are hereby declared to be disorderly persons, within the meaning of title fifth, of chapter twentieth, of part first of the Revised Statutes, and may be proceeded against as such in the manner directed by said title. And it shall be the duty of the magistrate before whom any such person may be brought for examination, to judge and determine from the facts and circumstances of the case whether the conduct of any person amounts to such desertion or neglect to provide for his wife or children. Excise. Common schools. $12. The provisions of title ninth, of chapter twenty of part first of the Revised Statutes, in relation to excise and the regulations of taverns and groceries, shall be construed so as not to extend to the city of Albany. S 13. The provisions of an act to amend an act entitled "An act relating to common schools in the city of Albany," passed April 11, 1831, are hereby continued in full force and operation for the term of five years from and after the passage of this act. CHAP. 231. AN ACT to annex a part of the town of Onondaga to the town of Camillus, in the county of Onondaga. Passed May 1, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. All that part of the town of Onondaga lying north of the south line of lots number forty-eight, forty-nine, fifty, fifty-one and fifty-two, is hereby annexed to the town of Camillus, and shall hereafter constitute a part of said town of Camillus. CHAP. 232. AN ACT to incorporate the Essex county academy. Passed May 1, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: created. 1. Asahel Lyon, Platt R. Halstead, Benjamin P. Corporation Douglass, and their associates, together with such other persons as may become members of the corporation hereby created, shall be, and they are hereby constituted and declared to be a body corporate and politic, by the name of the "Essex County Academy," to be located in the village of Westport. S2. The capital stock of said corporation shall not ex-Stock. ceed twenty-five hundred dollars, and shall be divided into shares of twenty-five dollars each; and shall be transferable in such manner as shall be prescribed by the bylaws of said corporation. $ 3. The affairs of said corporation shall be managed Trustees. by nine trustees, to be chosen annually by the stockholders on the first Monday in May in each year, by a plurality of votes of the stockholders present; each stockholder shall be entitled to one vote for each share of stock owned by him. $ 4. Aaron B. Mack, Charles Hatch, Charles B. Hatch, First trustees. George P. Reynolds, Ira Henderson, Norris McKinney, Barnabas Myrrick, Caleb P. Cole and Joseph Cole, shall be the first trustees of said corporation, and shall hold their offices until the first Monday in May, one thousand eight hundred and thirty-five, and until others are elect ed. &c. $5. The said trustees may choose from their number President, a president, secretary and treasurer; and whenever any vacancy shall happen in the office of trustee, by death, resignation, or refusal to act in said office, the remaining trustees may elect other or others of the members of said corporation to supply such vacancy, with all the powers, duties and interests of his or their predecessor or predecessors. $6. The said corporation shall possess the general pow- General pow ers, and be subject to the liabilities and provisions contain-ers. ed in title third of chapter eighteen of the first part of the Revised Statutes. fund. $7. The said academy shall not be entitled to any Literature share or proportion of the income to the literature fund, until the regents of the university shall be satisfied that Commis sioners, Their duties, Their accounts to be audited, said academy has complied with all the requisites which CHAP. 233. AN ACT to appoint commissioners to lay out a road from Passed May 1, 1834. The People of the State of New-York, represented in $1. Andrus A. Norton, Reuben Robie and John Lloyd, $2. The said commissioners, before they enter upon the duties aforesaid, shall take and subscribe an oath, before some justice of the peace, or other officer authorized to administer oaths, to lay out said road without favor or partiality; and they shall, after laying out said road, cause to be made an accurate survey of so much of said road as shall fall within each town on its route, to be filed in the clerk's office of such towns respectively. And if such road shall be laid through any improved land, the damages shall be appraised and paid, and the road opened and improved, in the same manner as prescribed in chapter sixteen, title one, and article fourth of the first part of the Revised Statutes; and the commissioners and their surveyors shall be allowed each one dollar and fifty cents per day for the time they shall necessarily be employed in the duties aforesaid. $ 3. It shall be the duty of the board of supervisors of the counties of Steuben and Allegany, to audit and allow the accounts of the said commissioners and surveyors, for the time they shall be employed in their respective towns in laying out said road, and the same shall be levied and 1 |