Penalty. Duties of sheriffs, consta bles, &c. ground to apprehend that such person was about to commit any offense specified in the preceding section, he shall require such person to enter into a bond to the people of the state of New York, in such sum not ex-. ceeding one thousand dollars, as such magistrate shall fix, that such person will not for the space of one year offend against any of the provisions of this act; such bond may, in the discretion of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety. If such person shall omit or refuse to enter into such bond, the magistrate shall commit such person to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. S3. Any person committed, under the last section, to the county jail, may at any time, upon habeas corpus, be discharged from his imprisonment, by executing the bond directed by the committing magistrate; if such bond was required to be with surety, the officer taking the same shall approve of the surety, S4. It shall be the duty of all sheriffs, constables, policemen and watchmen who shall have reasonable grounds to believe that any offense specified in the first section of this act is about to be committed within their jurisdiction; to make complaint under the provisions of this act, to some magistrate within their jurisdiction, and if any sheriff, constable, policeman or watchman shall willfully neglect his duty in this respect, he shall be, upon conviction, deemed guilty of a misdemeanor, and shall also forfeit his office. 5. This act shall take effect immediately. Chap. 38. AN ACT to divide the county of Oswego into three school commissioner districts, and to provide for the appointment of a school commissioner therein. Passed March 8, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: number one. SECTION 1. The county of Oswego shall be and is hereby divided into three school commissioner districts, to be designated as districts numbers one, two and three. District number one shall consist of the towns of New District Haven, Scriba, Volney, Granby, Hannibal and Oswego ; the school commissioner for which, during the year one thousand eight hundred and fifty-nine, shall be appointed in the same manner and hold his office for the same length of time as is provided for in case of a vacancy, by the Session Laws of one thousand eight hundred and fifty-six, chapter one hundred and seventy-nine, section nine, of said law. two. 2. District number two shall consist of the towns of District Palermo, Schroeppel, Hastings, West Monroe, Constan- number tia, Parish and Amboy; and the school commissioner elected November third, one thousand eight hundred and fifty-seven, for district number one, of said county, shall be the commissioner for district number two, created by this act, and for no part of any other district, for the remainder of the term for which he was elected. number S3. District number three shall consist of the towns District of Albion, Boylston, Orwell, Redfield, Richland, Sandy three. Creek, Williamstown and Mexico, and the school commissioner elected November third, one thousand eight hundred and fifty-seven, for district number two, of said county, shall be the commissioner for district number three, created by this act, and for no part of any other district, for the remainder of the term for which he was elected. S 4. After the passage of this act the county of Oswego, including the city of Oswego, shall not receive more Commissioners, when ap county judgo. than fifteen hundred dollars, in any one year, from the United States deposit fund, for commissioners' salaries, until said county shall be entitled to four members of assembly. S 5. The commissioners and their successors in office mentioned in this act, shall be subject to the provisions of section twelve, chapter one hundred and seventy-nine of the Laws of eighteen hundred and fifty-six. S6. This act shall take effect immediately. Chap. 39. AN ACT to amend the act entitled "An act in relation to draining certain lands in the town of Granby, in the county of Oswego," passed April sixth, eighteen hundred and fifty-seven. Passed March 11, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The third section of the act entitled "An act in relation to draining certain lands in the town of Granby, in the county of Oswego," passed April sixth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows: § 3. There shall be appointed by the county court of the county of Oswego, on the petition of any three freepointed by holders of the town of Granby in said county, three commissioners for the purposes specified in this act. If a vacancy in the office of commissioner shall at any time. exist, by refusal to serve, by resignation tendered in writing to the county judge of the county of Oswego, or by reason of any legal disability, the owners of the lands referred to in this act, or any five of them, may present a petition duly verified to said county judge, setting forth the facts, and praying for the appointment of some competent person to fill such vacancy. Appointment to be S2. The fourth section of said act is hereby amended so as to read as follows: §4. The said county judge shall, by instrument in writing, i County office. under his hand and seal, make such appointment, which recorded la $3. The seventh section of said act is hereby amended 7. 1. After lowering said lake and its outlet, as contemplated by this act, the commissioners shall post a printed notice in not less than ten public places in said town of Granby, calling on all who may consider themselves injured by said work, to present to said commissioners, in writing, a statement of their respective claims for damages, and the grounds of such claims. Duties of commis stoners. Damages to be estimat praisers ap supreme 2. Any damages resulting as a consequence of draining the lands referred to in this act, by lowering said lake ed by ap and its outlet, being claimed in manner aforesaid, shall pointed by be justly and equitably estimated by three commission- court. ers, acting as appraisers, to be appointed by the supreme court, sitting in the fifth judicial district, at a special term thereof, on the petition of the commissioners, or on the petition of any person or persons claiming such damages, upon serving on said commissioners a copy of said petition, together with a notice of the time and place of making such application, at least ten days before the setting of the court at which the application is to be made. duties of ap commis sioners. 3. The said appraising commissioners shall, before Powers and entering upon their duties, take the constitutional oath, praising which shall be filed in the county clerk's office; they shall give due notice to the parties, of the time and place of their meeting to consider claims for damages; they shall examine the premises in question, and shall have authority to issue subpoenas to compel the attendance of witnesses, and to administer oaths to witnesses; they shall hear the proofs and allegations of the parties, and shall make an award in writing in each case submitted to them, a copy of which they shall deliver to the said commissioners, a copy to the claimant, and a copy shall be filed in said county clerk's office. Said appraising commissioners shall be entitled to two dollars each per day Aggregato damages. for their services. Witnesses attending before said appraisers shall be entitled to the same fees as are provided by law for witnesses attending trials in courts held by justices of the peace. 4. The aggregate of damages awarded by said appraisers appointed under this act, together with the costs and expenses of ascertaining such damages, shall constitute a part of the expenses of the work contemplated by this act. 5. The commissioners appointed to carry out the provisions of this act shall assess the expenses incurred by them in the performance of their duties, including interest on sums advanced by them to execute said work upon the land referred to in this act; said assessment shall be Expenses, justly and equitably made upon said land, designating parcels and ownerships as far as may be known to said commissioners, in proportion to the benefits adjudged by the said commissioners to result to the several parcels from the reduction of said lake and its outlet; the aggregate of said expenses shall be a lien on the lands benefited thereby. Map and assessment to be filed. Canal to be under care highways, &C. 6. When said assessment is completed, one copy thereof, with a map and description exhibiting each parcel or ownership, duly verified, shall be filed in the Oswego county clerk's office, and a like copy, together with a copy of the report of the doings and proceedings of said commissioners, as required by the eleventh section of said act, with the clerk of the village of Oswego Falls. S 4. After the commissioners shall have fulfilled all the of commis requirements of the said act, as the same is hereby sioners of amended, the canal formed by them in the outlet of said lake shall be subject to the care and supervision of the commissioners of highways of the town of Granby, so far as may be needful to prevent obstructions therein, and to preserve its width, and the grade of the bottom of said canal, as determined by the commissioners. Obetrno. tions to be removed. The said commissioners shall have the right, and it shall be their duty, from time to time, as necessity may require, by themselves or their agents, to enter upon said canal for the purpose of removing unlawful obstructions or casual deposits; and the said commissioners shall have power to assess, from time to time, upon the lands refer |