on corpora lage, how to 3. The assessments for highway labor on corporations. Assessments within the village of Little-Falls, shall be applied under the tions in vildirection of the commissioners of highways of the said town be applied. of Little-Falls, for the improvement of the roads and bridges in the several road districts of said town, including the district created by the said acts hereby amended. clause. § 4. Nothing in this act or in the acts hereby amended, shall Saving be construed to limit or restrict the power heretofore vested in the trustees of the village of Little-Falls to direct and control the expenditure of one half part of the highway labor assessed within said village for the improvement of any streets, roads or bridges within the corporate limits thereof. CHAP. 77. AN ACT authorizing Sylvester Hoar and the family to change their name. Passed March 16, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: IIomer. §1. Sylvester Hoar of the city of Rochester, in the county Names of Monroe, may assume and take the surname of Homer, and changed to after the passage of this act he shall be called and known by the name of Sylvester Homer, and the family of the said Sylvester shall be known by the name of Homer. CHAP. 78. AN ACT to raise money for the construction and repairs of bridges in the city of Utica. Passed March 17, 1842. The People of the State of New-York,represented in Senate and Assembly, do enact as follows: tax. § 1. The common council of the city of Utica, are hereby Money to be authorized to raise by assessment upon the real and personal raised by property owned in said city, during the present year, the following sums of money for the building and repairing of bridges in the manner now provided by law, for raising taxes in said city, in addition to the amount now authorized by law to be raised for that purpose, such a sum as will be necessary to defray one half of the expense of constructing the bridge over the Mohawk river at the foot of Bridge-street, not exceeding ten hundred and fifty dollars, and also such sum as will be ne confirmed. cessary to rebuild the bridge over the public basin at Broad- CHAP. 79. AN ACT to confirm the official acts of George Paddock as constable. Passed March 17, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Official acts § 1. All the official acts of George Paddock, 2nd, by him performed as constable of the town of Western, in the county of Oneida, since his appointment to that office on the first Tuesday of February instant, shall be held to be of the same force and validity as if the said George Paddock had, before performing such official acts, taken and filed the oath of office at the time and in the manner prescribed by law. Saving clause. Asts confirmed. Right to repeal. § 2. Nothing herein contained shall affect any action or suit now pending. § 3. This act shall take effect immediately. CHAP. 80. AN ACT in relation to the organization of the Attica and Passed March 17, 1842, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The acts and proceedings of the commissioners named in the act entitled "An act to provide for the construction of a railroad from Attica to Buffalo," passed May 3, 1836, in receiving subscriptions to the capital stock of the Attica and Buffalo Railroad Company, are hereby confirmed and declared to be of full force and validity. § 2. The Legislature may at any time alter, amend or repeal this act. § 3. This act shall take effect immediately. CHAP. 81. AN ACT authorizing the board of supervisors of the county of Lewis to restore the distinction between county and town poor. Passed March 17, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: County and may be re 1. The board of supervisors of the county of Lewis, at Distinction any annual meeting, or at any special meeting called for that between purpose, may determine to restore the distinction between town poor county poor and town poor, in their said county; and upon stored. their filing such determination duly certified by the clerk of the said board with the county clerk, the said poor shall be maintained, and the expense thereof defrayed in the same manner as is now provided by law for the maintaining the poor in those counties in which the distinction between county and town poor prevails. of how to § 2. When the supervisors of the said county shall have de- If restored, termined to restore the distinction between county and town notice therepoor, the clerk of the board of supervisors shall serve a copy be given. of the resolution making such determination, upon the clerk of each town within said county, and upon the superintendents of the poor of said county. ney and §3. After such resolution shall be served, the excise money Excise mocollected in any town within said county, and all penalties given fines, how by law to the overseers of the poor, when received shall be applied. applied to the use of the poor of the town in which such money and penalties shall be collected; and all officers or persons into whose hands the said moneys or penalties shall come, shall pay the same to the overseers of the poor of the town to which they shall belong. CHAP. 82. AN ACT to amend an act entitled "An act for the better repairing certain roads in the town of Coeymans," passed May 2, 1837. Passed March 19, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : tuted. § 1. The following road districts, numbers one, five and se- Road disventeen, (including about four miles of road) in said town of trict constiCoeymans, for the term of five years from the second day of May next succeeding the passage of this act, are hereby con Road, how to be work. ed. Overseer to be elect ed. stituted into one separate road district; the above named districts to comprise all that part of the public highway inter secting and lying east of the New-Baltimore and Rensselaerville turnpike road, to be called the Coeymans road district, with all the rights, powers and privileges by law attached, subject to the regulations and laws existing in regard to any road district except as herein otherwise provided. § 2. It shall be the duty of the commissioners of highways of said town to assess the several inhabitants residing in the districts constituted by this act, in the same manner and upon the same principles and within the same time in which they are now assessed, to work upon the roads embraced in said district, except that the assessment made by virtue of this act, shall be for money instead of labor, and at the rate of fifty cents per day for the day's work now required; and all the inhabitants liable to be assessed for labor, shall be assessed for money under this act, and the said commissioners shall deliver over to the path master to be chosen under this act, such assessment roll at the same time now required by law. § 3. It shall be the duty of the inhabitants of the district. and collector formed by this act liable to be assessed therein, at each and every annual town meeting, to elect one overseer and collector; such election shall in all respects be conducted in the same manner, subject to the same laws and regulations provided for town elections. Collector to act as treasurer. keep ac count. t; § 4. The moneys hereby authorized to be collected shall be held by the collector, who shall constitute a treasury department of said district; the said treasurer shall keep an accurate and just account of all moneys by him received and disbursed, and shall pay out of such moneys by him collected, all bills made payable to the order of the overseer of said district which bill shall particularize the items composing such bill. It Overseer to shall be the duty of the overseer of the said road to keep a just and accurate account of all expenses incurred by virtue of this act on said road, and see that the moneys collected are faithfully and judiciously expended in making repairs on said road; and he shall, on or before the first day of March in each year, make a full and complete return to the commissioners of highways of all the expenditures made by him as overseer on said road, together with an inventory of all property belonging to said district, which property shall be lodged in the hands of the treasurer immediately after closing the summer's labor on said road, to be kept for the use of said road; and if the overseer shall refuse or neglect to comply with any of the provisions of this act, he shall forfeit and be held in the sum of fifty dollars to the use of said district, to be sued for by the commissioners in the name of the district in an action of debt or assumpsit before any court having cognizance thereof. tion of over § 5. The commissioners, at the time of making out the as- Compensasessment, shall determine and regulate the compensation of the seer. overseer of said district, which in no case shall exceed one dollar per day, actually employed in the business entrusted to him by this act; and the overseer shall, and is by this act, authorized in the name and upon the responsibility of the treasury department, to make and execute all contracts necessary to perform the duties imposed by virtue of this act, provided such contracts (including compensation of overseer) shall not exceed the funds of the treasury. duty of col § 6. The collector under this act is authorized and required Power and to collect the assessments imposed under this act, in the same lector. manner and with the same powers and privileges as the collector in any town of this state, and shall be allowed five per cent on all moneys by him collected; and it shall be the duty of the collector to collect the said assessments by the first day of October in each and ever year; and he shall, within twelve days after notice of his election, give a bond to and in the name of the commissioners of highways, in the penalty of five hundred dollars with sureties, to be approved by said commissioners, conditioned that he will pay over all moneys by him to be collected by the time and in the manner by this act specified, which bond shall be filed in the office of the town clerk of said town; and if the said collector shall refuse or neglect to pay over any moneys by him collected, it shall be the duty of the commissioners to prosecute the bonds of the said collector before any court having cognizance thereof, and whatever sum may be collected by such process shall be held by the commissioners, subject to the order of the overseer, which order shall be made in the same manner as if made on the treasury. overseer. § 7. It shall be the duty of the overseer within twenty days Duty of after notice of his election, and of the assessment roll from the commissioners of highways, to add to and place upon such roll, and assess in the same manner and upon the same principles, of money instead of labor, as if said assessment was made by said commissioners. All inhabitants residing within his district liable to be assessed under this act, and who have been omitted to be assessed by said commissioners, and within said twenty days to deliver said assessment roll with his additions, if any, and his signature thereto, to the said commissioners of highways, whose duty it shall be to file a true copy thereof in the office of said town clerk, and forthwith to deliver the original assessment roll to the collector; and such assessment roll signed by the commissioners, and the additions by the overseer, shall be the authority and warrant of said collector, and shall be of the same force and authority as the warrant of a collector of taxes to collect the moneys therein specified, of the several persons in said roll or rolls assessed and set opposite his name. |