then one § 4. Whenever it shall so happen that any warrant for the Warrants embracing collection of taxes, shall embrace within the limits of the tax- land in more ed territory, a portion of two or more wards of said city, the ward, how common council shall designate a collector who has been elect- executed. ed for any one of such wards to execute such warrant, who shall thereupon, in reference to such warrant, be invested with all the powers he would have on a warrant for the collection of taxes in his own ward. how to be § 5. The marshal of the said city shall hereafter be chosen Marshal, annually, by ballot, by the electors of the whole city, at the cho annual election of city officers on the first Tuesday of March in each year, and shall hold his office for the period of one year; and any thing inconsistent with this provision in the said act hereby amended, or in the subsequent acts amending the same, is hereby repealed; but no person shall be capable of holding said offices unless he shall be a resident and an elector of said city. cause. § 6. The common council shall have power to remove the May be reperson so elected to the said office of marshal, for misconduct moved for in the same, or for the unfaithful or inefficient performance of the duties of his office, after giving to the person accused notice of the charges against him, and an opportunity of being heard in his defence. how to be § 7. In case of any vacancy occurring in the office in said Vacancy, last section mentioned, by reason of the death, resignation, re- supplied. moval, refusal to serve, or neglect to furnish the bond or other instrument required by the act hereby amended, the common council of said city shall appoint any person being an elector of said city to fill such vacancy; and they shall have power at any time to remove any such officer so by them appointed, and to appoint another in his place. be elected §8. In voting for persons to fill the said office of marshal at Officers to the annual election aforesaid, the names of the candidates shall by ballot. be written or printed on the same ballot as that for mayor, the elector designating over the name of each candidate the office for which the vote is intended; and in addition to the word "mayor" being written or printed on said ballot when folded, as required by section 2d of an act passed February 13, 1840, entitled "An act to provide for the election of mayors by the people," shall be written or printed the words "and marshal." 9. This act shall take effect immediately no its passage. Stock may be increased Shares. Appraise ments, how in certain eases. CHAP. 36. AN ACT authorizing the Lockport and Niagara Falls Railroad Company to increase their capital stock. [Passed February 10, 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 directors of the Lockport and Niagara Falls Railroad Company, are authorized to increase the capital stock of said company to an amount not exceeding twelve hundred thousand dollars, in addition to the capital now paid in. § 2. The said directors are authorized to alter the shares in the stock of said company from fifty dollars to one hundred dollars each. § 3. The sixteenth section of the act entitled "An act to to be made incorporate the Lockport and Niagara Falls Railroad Company," passed April 24, 1834, be so altered and amended, that in case of a disagreement between the owners of the land over which the said railroad shall pass, and the directors of the company as to the price to be paid the owners for their lands, and when it becomes necessary to apply to the vice-chancellor of the eighth circuit to institute proceedings to ascertain the price of such lands according to the said sixteenth section, the owners shall, on such appraisement as is provided in that section, be allowed to receive whatever damages they shall sustain, in addition to the value of their land, in consequence of the construction of the said road. And that the said sixteenth section be further amended so that the appraisement shall be made by three disinterested freeholders of the county where the lands appraised shall be situated. Time extended. CHAP. 37. AN ACT to extend the time for the collection of taxes in the town of Pomfret, in the county of Chautauque. [Passed February 12, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1. If the collector of taxes in the town of Pomfret, on the county of Chautauque, shall, within one week after the final passage of this act, pay over all the moneys by him previously collected, and renew his security to the satisfaction of the supervisor, or in case of his absence, of the town clerk of said town, the time for the collection and making final return of taxes in said town shall be extended to the tenth day of March next. § 2. This act shall take effect immediately. CHAP. 38. AN ACT to amend the Revised Statutes relative to executions on judgments on appeals. [Passed February 14, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. That the two hundred and twenty-second section of the twelfth Article, Title fourth in the second Chapter of the third Part of the Revised Statutes be amended, so that it shall read as follows: Appellee out execu § 222. If the judgment be rendered in favor of the appellee, he shall sue out execution thereon, within thirty days after the when to sue time, when by law such execution can be issued, or the sure- tion. ties on the appeal bond shall be discharged, unless the sureties on such appeal shall consent in writing, to the staying of execution for a longer time. In which case the said appeal bond shall continue in force, provided execution issue within the time specified in such consent. § 2. This act shall take effect immediately. CHAP. 39. AN ACT to confirm the official acts of Joseph G. Gardner, as constable. [Passed February 17, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. All the official acts of Joseph G. Gardner, by him per- Official acts formed as constable of the town of Hinsdale, in the county of confirmed. Cattaraugus, since his appointment to that office, in the month of August last, shall be held to be of the same force and validity as if the said Joseph G. Gardner had, before performing such official acts, taken and filed an oath of office at the time and in the manner prescribed by law. tures remit § 2. All liabilities and forfeitures incurred by the said Jo- Liabilities seph G. Gardner for having executed any of the duties of the and forfeisaid office of constable without having taken the oath of office ted. in the manner and within the time prescribed by law, are hereby remitted. Saving elause. 3. This act shall not affect the right of any party to any suit or legal proceedings which may have been had or commenced in consequence of the neglect of the said Joseph G. Gardner to take the said oath of office before the passage of this act. 4. This act shall take effect immediately. Parts of Mayfield and Broad CHAP. 40. AN ACT to enlarge the town of Perth in the county of [Passed February 17, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. So much of the town of Mayfield and of the town of Broadalbin, in the county of Fulton, as lies south of a line commencing at a point in the west line of the town of Perth, ed to Perth. and half a mile south of the northwest corner of said town, albin annex pealed. and running parallel with the south line of said town of Perth to the east line of Mayfield, and thence running on a direct course to a point in the east line of Broadalbin, which is one mile and twenty chains north of the southeast corner of said town, is hereby annexed to the town of Perth, and so much of said town of Perth as lies north of said line is hereby annexed to the said town of Mayfield. § 2. This act shall take effect immediately. CHAP. 41. AN ACT to repeal the charter of the Snake Hill Turnpike [Passed February 17, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Charter re- § 1. The act entitled "Act to incorporate the Snake Hill Turnpike Road Company," passed twenty-fourth of March, eighteen hundred and fifteen, and all provisions of law amending or altering the same are hereby repealed; and the said Road decla- turnpike road is declared to be a public highway, and it shall red a public be the duty of the commissioners of highways of the towns of Newburgh and New-Windsor, through which said turnpike road passes, to cause the same to be districted and worked in highway. the same manner as other highways in said towns are required to be districted and worked. § 2. This act shall take effect immediately. CHAP. 42. AN ACT to extend the time for the collection of taxes in the town of Lyons. [Passed February 17, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: tended. § 1. If the collector of taxes in the town of Lyons, in the Time excounty of Wayne, shall, by the twenty-fifth day of February inst., pay over all moneys by him collected, and renew his security to the satisfaction of the supervisor of said town, or in his absence, of the town clerk thereof, the time for collecting and making the final returns of taxes in said town shall be extended to the fifteenth day of March next. § 2. This act shall take effect immediately. CHAP. 43. AN ACT authorizing the superintendents of the poor of the county of Cayuga, to sell a certain piece of land, and for other purposes. [Passed February 19, 1842.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : dents. § 1. Edward Allen and Robert Bloomfield, two of the su- Power of su perintendents of the poor of the county of Cayuga, are here-perintenby authorized to sell and convey a certain lot of about eleven acres of land purchased as a timber lot for the use of the poor house of said county; and are also authorized, for the same use and purposes, to purchase a timber lot, and pay for the same out of the moneys arising from the sale of the lot aforesaid, provided a purchase can be made which shall be advantageous to the people of said county; and provided also, that the said sale and purchase shall be approved by the board of supervisors of said county. ed of. 2. If the aforesaid superintendents shall not have made Money, how such purchase previous to the next annual meeting of the board to be dispos of supervisors of said county, it shall be their duty to pay over to the treasurer of said county, all the moneys arising from the sale of the said lot of land, and take duplicate receipts therefor, |