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Interest of state released.

Not to impair vested rights.

CHAP. 91.

AN ACT to release the right, title and interest of the people of the state of New York in and to certain real estate in the town of New Utrecht, in the county of Kings and state of New York, to Martha S. Williams.

PASSED April 11, 1881; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the right, title and interest of the people of the state of New York, in and to all those certain four lots of land lying and being in the town of New Utrecht, county of Kings, and state of New York, laid down on a map filed in the office of the register of the county of Kings, entitled "sectional map number five of a part of the village of Fort Hamilton in the town of New Utrecht," made by T. G. Bergen, and known thereon by the numbers two hundred and forty-three, two hundred and forty-four, two hundred and forty-five and two hundred and forty-six, which said lots taken together are bounded as follows: Beginning at a point on the south-westerly side of Clinton avenue, distant five hundred and seventy-five feet north.westerly from the westerly corner of Clinton and Hamilton avenues, and running thence north-westerly along Clinton avenue one hundred feet, thence south-westerly along the line of lot two hundred and forty-seven, one hundred and sixteen feet and about eight inches, thence south-easterly along lands formerly owned by George S. Gelston, one hundred feet, thence north-easterly along the line of lot two hundred and forty-two, one hundred and seventeen feet and six inches to the point of beginning, being the same premises conveyed to the said Martha S. Williams, by James W. Barker and wife, by deeds recorded in the register's office of the county of Kings, in liber four hundred and twenty-eight of conveyances, on pages one hundred and forty-three, one hundred and forty-six and one hundred and forty-nine, and liber seven hundred and thirty-eight of conveyances, on page one hundred and sixty-one, is hereby released to Martha S. Williams, her heirs and assigns forever.

§ 2. Nothing herein contained shall impair, release or discharge any right, claim or interest of any purchaser, heir at law, devisee or grantee, or of any creditor by judgment, mortgage, or otherwise, in said real estate.

§ 3. This act shall take effect immediately.

CHAP. 92.

AN ACT in relation to the keeping open of the office of the clerk of the county of Onondaga.

PASSED April 11, 1881; three-fifths being present.*

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

hours.

SECTION 1. The office of the county clerk of the county of Onon- Office daga shall be kept open every day in the year, from nine o'clock in the forenoon till five o'clock in the afternoon, except Sundays, the first day of January, commonly called New Year's day, the twenty-second day of February, the thirtieth day of May, known as decoration day, the fourth day of July, the twenty-fifth day of December, any day appointed or recommended by the governor of this state, or the presi dent of the United States as a day of fast or thanksgiving, and the day for holding the general state election in each year. Whenever any of the holidays mentioned in this act shall fall upon Sunday, the Monday next following shall be deemed and considered a public holiday for all or any of the purposes aforesaid.

§ 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 3. This act shall take effect immediately.

CHAP. 93.

AN ACT to amend chapter one hundred of the laws of eighteen hundred and seventy-eight, entitled "An act to provide for the payment of water bonds heretofore issued by the village of Middletown, in the county of Orange, and to create a sinking fund therefor."

PASSED April 12, 1881; three-fifths being present. The People of the State of New York, represented in Senate and 1ssembly, do enact as follows:

SECTION 1. Section one of chapter one hundred of the laws of eighteen hundred and seventy-eight, entitled "An act to provide for the payment of water bonds heretofore issued by the village of Middletown, in the county of Orange, and to create a sinking fund therefor," is hereby amended so as to read as follows:

new bonds

old ones.

§ 1. Upon or previous to the maturity of the water fund bonds Trustees heretofore issued by the village of Middletown, in the county of may issue Orange, or whenever, or previous to the time when the same shall be to take up payable, as heretofore provided by law, the trustees of said village are hereby authorized and empowered to issue in lieu or payment thereof, bonds on the credit of said village of the same amount at a rate of interest not exceeding four per centum per annum, and to sell and dispose of the same at not less than their par value. Said bonds to be

Not returned by the governor within ten days after it was presented to him, and be came a law without his signature April 11, 1881.

issued in accordance with the provisions of chapter three hundred and forty-seven of the laws of eighteen hundred and sixty-six, and section eight of chapter two hundred and forty-six of the laws of eighteen hundred and seventy-two.

2. This act shall take effect immediately.

Certificate of incorporation may be filed within

thirty days.

Acts

legalized.

CHAP. 94.

AN ACT to authorize the trustees of the village of Rushville, New York, to file in the clerk's office of Ontario county the certificate required by chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages, and to declare the effect thereof."

PASSED April 13, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The trustees of the village of Rushville are hereby authorized and empowered to file for record, in the county clerk's office of Ontario county, a copy of the certificate of the proceedings of the incorporation of said village of Rushville, as is required by chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," such copy of proceedings to be filed within thirty days after the passage of this act, and if the trustees of said village of Rushville shall file for record in the county clerk's office of Ontario county the copy of the proceedings had in the incorporation of said village, as herein provided, all official acts done and performed by the trustees of said village since the vote to incorporate said village was taken, so far as the same may have been invalidated by the failure to file said certificate of incorporation, shall be and the same are hereby legalized and confirmed, and the incorporation of the said village of Rushville shall be valid and legal in all respects as it would have been had such copy been filed in the clerk's office of Ontario county within the time required by chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, under which act the said village of Rushville was incorporated.

§ 2. This act shall take effect immediately.

CHAP: 95.

AN ACT to amend chapter three hundred and thirty-five of the laws of eighteen hundred and sixty eight, entitled "An act to incorporate the city of Ogdensburg," and the acts amending the same.

PASSED April 13, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The several titles and sections of chapter three hundred and thirty-five of the laws of eighteen hundred and sixty-eight, entitled "An act to incorporate the city of Ogdensburg," are hereby amended so as to read as follows:

TITLE I.

OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY.

burg.

§ 1. That district in the county of St. Lawrence, included within City of the bounds described in the next section, shall hereafter be called the Ogdens city of Ogdensburg, and the inhabitants from time to time therein shall form a body politic and corporate by the name of "the city of Ogdensburg."

§ 2. The boundaries of said city shall be as follows: Beginning at a Boundarpoint in the center of the river St. Lawrence, at the northerly corner ies. of the town of Oswegatchie, and running thence along the easterly line of said town, southerly, to the division line between sections number one and two of the Van Solingen tract; thence south-westerly along the said division line, and the northerly line of section two, and numbers five, six and seven of the same tract, to the center of the Oswegatchie river; thence to and along the southerly line of the "mansion-house property," and the continuation thereof, to the land of the late Henry Van Rensselaer; thence northerly along the easterly line of said Van Rensselaer lands, and the southerly and westerly bounds of the "ship yard" lands, to the center of river Saint Lawrence, and thence along said center to the place of beginning.

§ 3. The said city is divided into four wards, as follows: All that Wards. part lying between the center of the river Oswegatchie and the center of Franklin street is the first ward; that part lying westerly of the center of the river Oswegatchie is the second ward; that part lying between the center of Franklin street and the center of Patterson street is the third ward, and that part lying easterly of the center of Patterson street is the fourth ward.

districts

§ 4. The common council may divide said city into so many high- Highway way districts as they may deem proper, and change the same at pleasure.

[blocks in formation]

Persons not to

than one office.

5. One assessor.

6. A chief of police and policemen.

7. A chief engineer. of the fire department and two assistants.

8. A treasurer, who shall also be collector ex-officio.

9. A clerk.

10. One or more street commissioners, not exceeding one in each highway district. •

But no person shall be eligible to more than one of said offices at hold more the same time, and the election or appointment to and acceptance of one office.shall be deemed to be a resignation of any previous office held by such person, and disqualify him for further action in the same, and the same shall be deemed vacant. The mayor and aldermen shall constitute the common council of the city.

Police officers, etc.

§ 6. Chief of police, policemen, assessor, chief engineer of the fire department and assistants, treasurer, clerk and street commissioners shall be appointed by the common council, and hold office during its Recorder. pleasure. The recorder shall be elected at the annual elections, and hold office for one year, and may be removed for cause in the same manner as justices of the peace.

Aldermen.

Annual election.

Electors.

of election and poll clerks.

The aldermen shall be elected at the annual election, and shall hold office for two years, except as hereinafter provided. At the election to be held under this act, on the second Wednesday in May, eighteen hundred and eighty-one, one alderman shall be elected from each ward to serve one year, and one to serve two years. Thereafter, annually, one alderman shall be elected from each ward. The other officers shall be elected at the annual elections, to be held as hereinafter provided, and shall hold office for one year, and until others are elected and qualify. The concurrence of a majority of the common council elected or appointed shall be necessary to appoint or remove an officer.

§ 7. An annual election shall be held in said city on the second Wednesday of May in each year, at such places in each ward as the common council shall appoint; and the terms of office of the several officers elected at such elections shall commence on the first day of June thereafter. It shall be the duty of the clerk to publish notices of the election in at least two newspapers published in the city, at least once in each week in the two weeks before election. If no place shall be appointed for the elections, they shall be held at the places where they were held the previous year.

§ 8. Every resident of said city qualified to vote for member of assembly may vote at such elections in the ward in which he resides and has resided for five days next preceding.

Inspectors § 9. The common council shall, by ballot, appoint two electors of opposite politics in each ward, residents therein respectively, inspectors of election for their respective wards, who shall hold office for one year, and until others are appointed. The inspectors in each ward shall appoint not more than two suitable persons to act as clerks on the day of election. No clerks shall be appointed by or for the board of registry. The compensation of any person acting as inspector at any annual election shall not exceed the sum of twenty dollars, which sum shall include the services of such person while acting on the board of registry and as inspector of election, and the compensation of any clerk shall not exceed five dollars. The election shall be by ballot. The polls shall be kept open at least four hours, and the time of closing shall be proclaimed on opening the polls. The qualification of voters shall be ascertained by the inspectors, who may

Polls.

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