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record the same in the book of minutes of said board of directors, and shall file said certificate in his office; they shall also make and sign a duplicate of said certificate and deliver the same to the president or vice-president of the directors within twenty-four hours after completing said canvass. In case of the inability of any of the per- Vacancies, sons so appointed to serve as inspectors at any meeting, the electors how filled. present at the place for holding such meeting shall select some suitable person or persons to act as inspector or inspectors at such meeting. The inspectors shall be entitled to receive the sum of two dollars each, Their com for each election at which they serve, to be paid for by the directors from the funds of the village, in like manner as other bills against said village are paid.

§ 4. Section six of said act is hereby amended so as to read as follows:

pensation

in elective

§ 6. Whenever any vacancy shall happen in any elective office pro- Vacancies vided for by this act, the same shall be filled by appointment by the offices, directors of some eligible person thereto, at any regular meeting of how filed. the said directors, or at a special meeting called for that purpose, and a majority of the directors in office, and present at any regular or special meeting shall constitute a quorum for the filling of a vacancy or vacancies. In case all of the offices of director should become va- Vacancies cant, the clerk of the village, or in case of his inability to act, the ors, how treasurer of the village shall call a special election to fill said vacancies, by giving notice thereof in the same time and manner as provided for calling the annual election. Every person appointed to fill a vacancy shall hold his office until and including the thirty-first day of December next after his appointment, and until his successor is elected board of or appointed. The board of directors shall determine the order of its directors. own proceedings, and be the judge of the elections, returns, qualifications and eligibility of its own members.

§ 5. Section ten of said act, as amended by section two of chapter eight hundred and forty-seven of the laws of one thousand eight hundred and sixty-six, is hereby amended so as to read as follows:

filled.

Powers of

President

pointed.

§ 10. It shall be the duty of the directors, or a majority of them, or village, on the first day of January in each year, or within six days thereafter, how apto assemble at some convenient place in said village and to appoint one of their number president of said village and of the directors, and they may also appoint one of their number vice-president, who shall Vicehave full power and act as the president in case of his absence; and president. in case of a vacancy in the office of president, until the same be filled. They shall also appoint a clerk and a street commissioner, both of Clerk and whom shall be residents of said village and shall hold their offices commisduring the pleasure of the said board of directors. The salary of said sioner. clerk and street commissioner shall be fixed by said board of directors, ment and the former at not to exceed the sum of sixty dollars per annum, and salaries. the latter at not to exceed two hundred and fifty dollars per annum. The salary of the street commissioner to be paid from the road funds of the village.

§ 6. Section seventeen of said act is hereby amended so as to read as follows:

street

appoint

commis

perform

§17. It shall be the duty of the street commissioner, under and Street subject to the direction and control of the directors, to perform all sioner, to the duties of overseer of highways, and to keep in good condition the duties of streets and highways within the boundaries of said village; superin- highway tend personally the work done, and to render an account showing the amount of work done, the amount of money expended, when, where,

Overseer.

Village

tax.

Limita tion.

Village directors to be

highway sioners in village.

commis

Certain bridges to be con

and upon what street or place, and to whom paid, and to perform such other duties as may be prescribed by the board of directors of said village.

§7. Section twenty-three of said act as amended by section three of chapter eight hundred and forty-seven of the laws of one thousand eight hundred and sixty-six, and section one of chapter two hundred and fifty-three of the laws of one thousand eight hundred and seventy-five, and section four of chapter four hundred and sixty-seven of the laws of one thousand eight hundred and eighty, is hereby amended so as to read as follows:

23. The directors shall have power to raise by tax, upon the taxable inhabitants of said village and the property therein liable to taxation, such sum of money as they shall deem proper, but not to exceed the sum of three thousand dollars in any one year, to be expended in the payment of the debts and expenses of the corporation and to carry into effect the several powers and privileges granted by this act. § 8. Section thirty-five of said act as amended by chapter one hundred and seventy-four of the laws of eighteen hundred and seventy is hereby amended to read as follows:

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§ 35. The said village shall be exempt from the superintendence and control of the commissioner of highways of the town of Saugerties, and the said village is hereby declared to be a separate road district. The directors of said village shall be commissioners of highways in and for said village, and shall have all the power of commissioners of highways, subject to the provisions of this act, within the corporate bounds of said village excepting the "free bridge" across the Esopus creek, known as " Barkley's Bridge,' trolled by and territory and abutments occupied by the same, together with the house and appurtenances thereunto belonging, which are and shall remain under the control and jurisdiction of the commissioners of highways of the town of Saugerties; and excepting also the bridge across the Sawkill creek near the premises of D. K. Terwilliger, and the abutments occupied by the same, which shall also be hereafter under the control, management and jurisdiction of the commissioner or commissioners of highways of the town of Saugerties. § 9. All acts or parts of acts inconsistent herewith are hereby repealed.

town.

Repeal.

Indebted

§ 10. This act shall take effect immediately.

CHAP. 131.

AN ACT to provide for ascertaining the unsecured indebtedness of the city of Hudson, incurred prior to the year eighteen hundred and eighty-nine, and to provide for an issue of bonds to pay the

same.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 15, 1889. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The mayor, common council and city treasurer of the how city of Hudson shall ascertain, within thirty days after the passage of

ness of

tained.

this act, the amount of the indebtedness of said city incurred prior to ascer the year eighteen hundred and eighty-nine, which has been audited by the common council, but now remains unpaid, and is unsecured by the bonds of said city; and shall thereupon certify, over their respective Certificate signatures, the amount so ascertained, and file such certificate in the thereof, office of the clerk of said city, and said clerk of said city shall thereapon affix the seal of said city to said certificate.

how filed.

Council

may bor

and issue

§ 2. It shall thereupon be the duty of the common council of said city to borrow upon the credit of said city an amount of money not row money exceeding ten thousand dollars, upon such terms and at such rate of bonds interest not exceeding five per centum per annum as shall be deemed therefor. best for the interests of the city, by issuing bonds of said city signed by the mayor and city clerk, and sealed with the seal of said city, which shall be made of such denominations respectively, and payable

bonds and

at such times as said council shall determine. Said bonds shall be sold Sale of at public auction, at not less than par, and the money received on the application sule thereof shall be paid to the city treasurer, and by him be applied of proto the payment of the indebtedness set forth in the certificate provided for in section one of this act.

ceeds.

Tax for in

§ 3. The common council shall raise by tax on the taxable property terest and within said city, in addition to other taxes authorized by law, the principal amount of the principal and interest of said bonds, which shall fall of bonds. due in any year.

§ 4. This act shall take effect immediately.

CHAP. 132.

AN ACT to amend chapter one hundred and seventy-one of the laws of one thousand eight hundred and fifty-seven, entitled "An act to revise, amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango," as amended by chapter two hundred and seventy-four of the laws of one thousand eight hundred and eighty-six.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 15, 1889. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

charter

SECTION 1. Subdivision two of section three of chapter one hundred Village and seventy-one, laws of one thousand eight hundred and fifty-seven, amended.. entitled" An act to revise, amend and consolidate the laws in relation to the village of Norwich, in the county of Chenango," as amended by chapter two hundred and seventy-four of the laws of eighteen hundred and eighty-six, is hereby further amended so as to read as follows:

Aggregate of annual

2. To raise by tax such sums of money as the taxable electors may by resolution at any annual or special meeting direct, for all purposes, village tax including streets and bridges, not exceeding the annual sum of ten thousand dollars, exclusive of poll-taxes.

§ 2. This act shall take effect immediately.

21

limited.

Courts of special ses

slons (ex

cept in Albany and

city) juris

CHAP. 133.

AN ACT to amend section fifty-six of the Code of Criminal Proced-
ure, relative to the jurisdiction of courts of special sessions.
APPROVED by the Governor April 15, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section fifty-six of the Code of Criminal Procedure is hereby amended so as to read as follows:

§ 56. Subject to the power of removal provided for in this chapter, New York courts of special sessions, except in the city and county of New York diction of, and the city of Albany, have in the first instance exclusive jurisdiction as to mis- to hear and determine charges of misdemeanors committed within their respective counties, as follows:

demean

ors.

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1. Petit larceny, charged as a first offense.

2. Assault in the third degree.

3. Racing, running or testing the speed of any animal within one mile of the place where any court is held.

4. Wrongfully severing any produce or article from the freehold, not amounting to grand larceny.

5. Selling poisonous substances not labeled as required by law.

6. Wrongfully and maliciously removing, defacing or cutting down monuments or marked trees.

7. Wrongfully destroying or removing mile-stones, mile-boards or guide-boards, or altering or defacing any inscription thereon.

8. Wrongfully destroying any public or toll-gate, or turn-pike gate. 9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as conductor of a car or train of cars on any such railroad.

10. Setting up or drawing unauthorized lotteries or printing and publishing an account of any such illegal lottery, game or device, or selling lottery tickets, or procuring them to be sold, or offering for sale or distributing any property depending upon any lottery, or for selling any chances in any lottery contrary to the provisions of law. 11. Unlawfully running, trotting or pacing horses or any other

animals.

12. Making or selling slung shot or any similar weapon.
13. Unlawfully disclosing the finding of an indictment.

14. Unlawfully bringing to or carrying letters from any county jail, penitentiary or State prison.

15. Unlawfully destroying or injuring any milldam or embankment necessary for the support of such dam.

16. Unlawfully injuring any telegraph wire, post, pier, abutment, materials or property belonging to any line of telegraph.

17. Unlawfully counterfeiting any representation, likeness, similitude or copy, of a private stamp, wrapper or label of any mechanic or manufacturer.

18. Malicious trespass on lands, trees or timber, or injuring any fruit or ornamental or shade tree or vines.

19. Maliciously breaking or lowering any canal walls, or wantonly opening any lock-gate, or destroying any bridge, or otherwise unlawfully injuring such canal or bridge.

20. Unlawfully counterfeiting or defacing marks on packages.

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21. Unlawfully setting fire to wood or fallow land, or allowing the same to extend to lands of others, or unlawfully refusing to extinguish any fire.

22. Unlawfully or negligently cutting out, altering or defacing any mark on any logs, timber, wood or plank floating in any waters of this State, or lying on the banks or shores of any such waters, or at any saw-mills, or on any island where the same may have drifted.

23. Unlawfully frequenting or attending a steamboat landing, railroad depot, church, banking institution, broker's office, place of public amusement, auction room, store, auction sale at private residence, passenger car, hotel, restaurant, or any other gathering of people.

24. Unlawfully taking and carrying away the oysters of another, lawfully planted upon the bed of a river, bay, sound or other waters within the jurisdiction of this State.

25. Removing property out of the county, with intent to prevent the same from being levied upon by execution, or secreting, assigning, conveying or otherwise disposing of property with intent to defraud any creditor, or to prevent the property being made liable for the payment of debts, or for receiving property with such intent.

26. Driving any carriage upon any turnpike, road or highway for the purpose of running horses.

27. Cruelty to animals or children.

28. Cheating at games.

29. Winning or losing at any game or play, or by any bet, as much as twenty-five dollars within twenty-four hours.

30. Selling liquors in a court house or jail contrary to law.

31. Crimes against the provisions of existing laws for the prevention of wanton or malicious mischief.

32. When a complaint is made to or a warrant is issued by a committing magistiate for a violation of the laws relating to excise and the regulation of taverns, inns and hotels, or for unlawfully selling or giving to any Indian spirituous liquors or intoxicating drinks.

33. Frauds on hotel, inn, tavern and boarding-housekeepers.

34. Such other jurisdiction as is now provided by special statute or municipal ordinance authorized by statute.

§ 2. This act shall take effect immediately.

CHAP. 134.

AN ACT to amend chapter four hundred and ten of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," relating to district courts.

APPROVED by the Governor April 15, 1889.

Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Courts,

SECTION 1. Section one thousand two hundred and ninety-two of District chapter four hundred and ten of the laws of one thousand eight charhundred and eighty-two, entitled "An act to consolidate into one act ter amend

ed, as to.

So in the original.

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