Election. Vacancies. Restriction. Treasurer to give bond. Literature fund. General dred and thirty-six; the third until the first Monday of June, one thousand eight hundred and thirty-seven. $ 5. On the first Monday of June, one thousand eight hundred and thirty-five, and annually thereafter, there shall be a meeting of the directors, or a majority of them, at such place in the town of Bethany, in the county of Genesee, as shall be designated by the president; and they shall proceed to elect five directors, who shall hold their offices for three years. The directors shall have power to choose a president, secretary and treasurer, who shall hold their offices for one year, and until others are elected. Harvey Putnam shall be the first president of the corporation, Russel Whitney* the first secretary, and Augustus Frank the first treasurer; who shall hold their offices until the first Monday of June, one thousand eight hundred and thirty-five, and until others are elected. $6. In case any of the persons so appointed or elected directors of the said corporation, shall die or resign before the time of their appointed service expires, or shall decline to act in or execute the said offices, then, and in every such case, the remaining directors of said corporation, or a majority of them, shall, within thirty days thereafter, by ballot, elect others instead of him or them so dying, resigning or declining to act. $7. The said corporation shall not engage in any other business than that of encouraging and promoting education; and the proceeds of all their funds shall be appropriated to the objects properly connected therewith, and no other. S8. The directors, or a majority of them, shall require the treasurer of the corporation, before he enters upon the duties of his office, to give to the corporation a bond, in such penalty as the directors may require, for the faithful discharge of the duties of his office. S 9. The said corporation shall not be entitled to any share of the literature fund, until it shall have complied with the rules prescribed by, and subjected itself to the visitation of the regents of the university. $10. This corporation is subject to the provisions of provisions chapter eighteen of the first part of the Revised Statutes. * So in the original. CHAP. 54. AN ACT to authorize the board of supervisors of the coun ty of Herkimer to raise money to complete the jail of said county. Passed March 28, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: to borrow 1. The board of supervisors of the county of Herki- Supervisors mer are hereby authorised to borrow, on the credit of the $2,300. county, a sum or sums of money not exceeding two thousand three hundred dollars, payable in annual instalments, with annual or semi-annual interest, not exceeding seven per cent per annum, and to pay the said instalments and interest, from the money to be raised as hereinafter mentioned. to loan said $2. The comptroller is hereby authorised to loan to the Comptroller board of supervisors of the county aforesaid, out of any sum. moneys belonging to the common school fund and not invested, such sum or sums of money as the said board, or any persons acting under their authority and according to law, have borrowed on the credit of the county or are authorised to borrow on such credit, on such terms as, in the judgment of the comptroller and superintendent of common schools, shall be deemed advantageous to the school fund. S3 The said moneys, or so much as shall be neces· How to be sary shall be applied under their direction, to complete "pplied. the new jail in said county and pay for the lot on which it stands. $ 4. The board of supervisors of the county aforesaid, Committes. shall have power to constitute a committee, reserving to themselves full power and authority over such committee, to carry into operation the foregoing provisions of this act; and their compensation shall be fixed and allowed by the said board, and paid as other contingent charges of the county are paid." raised by tax $5. The board of supervisors of the county aforesaid, Money to be are hereby authorised to raise by tax upon the inhabitants of said county, to be levied and collected as other contingent expenses of the said county are now levied and collected, so much as, including collector's and treasurer's fees, shall be sufficient to pay and satisfy any debts contracted by virtue of the foregoing sections of this act; but the amount levied and collected in any one year, shall not exceed one thousand dollars." Clerk may call a meet ing. Act to take effect. $ 6. The clerk of the board of supervisors aforesaid, on the request of any six of the supervisors of the county aforesaid, is hereby directed to call a meeting of said board. $ 7. This act shall take effect immediately after the passage thereof. CHAP. 55. AN ACT to extend the time for completing the Stephentown and Nassau turnpike road. Passed March 28, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The time for completing the Stephentown and Nassau turnpike road, is hereby extended to the fourteenth day of April, in the year one thousand eight hundred and thirty-six. Loaf tobacco ed before sold. CHAP. 56. AN ACT to amend the twelfth article of title second, chapter seventeen, part first, of the Revised Statutes, entitled "Of the inspection of leaf tobacco in the city of NewYork." Passed March 29, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. No leaf tobacco of the growth of the United-States, to be inspect which may be landed in the city of New-York, and which is packed in hogsheads or casks, shall be sold in or re-shiped from the said city, until it shall have been inspected, sampled, weighed, marked and branded, according to the provisions of this act, and the act hereby amended, Exceptions. S2. The preceding section shall not be construed to apply to any tobacco which may be landed in the said city for the purpose of trans-shipment to any other place, and which shall be actually re-shipped from the said city without having been sold therein, to any other port or place within ninety days after the same shall have been landed as aforesaid; nor to any tobacco which shall be exported in the same vessel in which it may have been im ported, without having been landed in the said city; nor to any tobacco stems, nor to any tobacco which has undergone any process of manufacture; particularly such as is usually denominated stemmed or stripped tobacco; nor to any leaf tobacco which shall be brought from any other state through one of the canals of this state, and which shall have been inspected, branded and tared according to the laws of such state. leaf tobacco. $3. The said inspector of leaf tobacco for the city of Duty of inNew-York, shall provide good and sufficient ware-hou-pector of ses for the reception and safe keeping of all leaf tobacco which may be sent to him for inspection, sampling, weighing and marking, according to the provisions of this act and the act hereby amended. And he shall use all reasonable care or due diligence, safely to keep all casks and hogsheads of tobacco which may thus be delivered to him for inspection, while they remain in his possession; and the said inspector, in case of violation or neglect of this provision, to the injury of the tobacco, shall forfeit to the owner of any tobacco which may be damaged, the sum of ten dollars for every cask or hogshead injured by his neglect, besides the actual damages sustained by such owner. Ib. $ 4. The said inspector, either in person or by his de- b puty, shall also, when called upon for that purpose by the owner or consignee of any leaf tobacco, at all reasonable hours of the day, immediately proceed to any ware-house, or to any of the wharves in the city of New-York, where he may be required, for the purpose of inspecting any leaf tobacco, where it is practicable to perform the duties required in pursuance of this act. ed and brand $5. The said inspector, either in person or by his de- Casks how puty, shall cause each and every cask which according to to be inspectthe provisions of this act it is made his duty to inspect, to ed. be uncased, and broken in three places, viz.: in or near the centre, and at a distance of not less than ten inches from each end, and oftener if in his opinion the case may require it, in order to a full and fair examination of the tobacco, that he may see that it is fairly packed and free from trash; and it shall be his duty to draw from each place where any cask may have been so broken, a fair and impartial sample, of not less than four nor more than six heads or bundles of the said tobacco, as the same may lie together in the cask. And after a full and fair examination of each cask of tobacco, the said inspector or his deputy shall ascertain the actual tare or weight of such cask, and shall cause the same to be put in good order, and care fully coopered in a proper manner for exportation; the heads being each screwed within the chimbs of the casks, and well secured by lining hoops and nailed with wrought nails driven through the chimb hoop and clenched; and shall cause the same to be weighed; and in a legible manner with a marking iron, shall mark on one head and on the bilge of each and every eask the gross weight and actual weight or tare of such cask, and on each head of each and every cask in which the tobacco therein contained shall be honestly packed, free from trash and not damag ed, the said inspector or his deputy shall brand with a branding iron the word "merchantable," together with the name in full of such inspector, with the month and year in which such tobacco was by him so inspected. But if any such cask of tobacco shall be falsely packed, contain trash, or be damaged, the said inspector or his deputy shall brand it "damaged" or "unmerchantable," or the owner or consignee thereof may, if he prefer, have it picked or assorted, and repacked, or the damage cut off, and have the said tobacco put in merchantable order, at his own expense and by his own workmen, when, if made merchantable, he shall so brand it. $6. The said inspector shall attach together in a pro per manner, the samples drawn from each cask as aforesaid, shall label, mark and number them with a mark and number corresponding with those which he shall put upon the cask from which said samples are drawn, together with the date of inspection, and shall affix thereto his seal; and the said samples so numbered, marked and sealed, together with a certificate of the gross weight and actual tare of each cask, and of the marks and numbers placed thereon by the said inspector or his deputy, shall be delivered to the owner or consignee of the said tobacco, and shall keep a corresponding register of all tobacco inspect ed by him, which shall be open to the use of the public. $ 7. For uncasing, breaking, sampling, ascertaining the actual tare and gross weight of each cask, and for marking, numbering, branding, coopering and delivering the same, with the samples marked, numbered and sealed as aforesaid, together with certificates for each cask, according to the provisions of this act, and for storing each cask one month, it shall and may be lawful for the said inspector to charge at and after the rate of two dollars for each and every cask so inspected as aforesaid; and if the tobacco so inspected, shall remain in the ware-house of the said inspector for a longer period than one month, such tobacco shall be liable to the charge of storage at the rate of twenty-five cents per cask per month; and a deduction of thir |