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TULE . Sse. 4. Overseers of highways in Saffolk, Queens, Kings, and Richmond.

5. Towns in certain counties may provide for destruction of noxious weeds.
6. Electors of Kingston to eleet overseer of Kingston bridge.
7. Towns in certain counties may allow bounties for destruction of wolves, &c.,
8. Who entitled to reward, and proof required.
9. Electors of Fort-Ann may raise money for like purpose.
10. Electors of Dresden may raise money for samne purpose
11. Towns having gospel and school lots to choose trustees.
12 Town of La Fayette to eleet trustees
13 & 14. Powers and duties of such trastees.
15. Town of Jamaica to direet the purposes to which certain funds shall be applied
16. Towns in Kings, Queens and Richmond, to elect measurers of ashes, &c.
17. Towns in Essex and Clinton may eleet measurers of charcoal.
18. Town of Oysterbay to regulate disposition of their common lands.
19. If the electors determine to lease such lands, then two persons to be chosen, &e.
20. Rents to be collected by supervisor

21. Manner in which sach rents shall be applied. Title to bary. S 1. The title to every lot or piece of land, which shall have been ing grounds.

used by the inhabitants of any town in this state, as a cemetery or burying ground, for the space of fourteen years, next, and immediately before this Title sball take effect, shall be deemed to be vested in such town, and shall be subject in the same manner as other corporate property of towns, to the government and direction of the electors in

town-meeting. 49 Trustees of S 2. The trustees of the towns of Huntington and Brookhaven, in Huntington,

the county of Suffolk, and of Rochester and Marbletown in the county of Ulster, shall be chosen by the electors of those towns respectively, at their annual town-meetings. 50

$ 3. The electors of the town of Westchester, in the county of Westchester, may, at their annual town-meeting, and in the usual manner of electing town officers, choose six freeholders, resident in the town, for trustees; and such trustees, or a majority of them, sball and may order and dispose of all or any part of the undivided lands in the town of Westchester, as fully to every purpose as trustees have been used to do, under any patent or charter to the said town. They may also continue to lease out the right and privilege of setting and keeping a ferry across the East river, from the town of Westchester to the town of Flushing in Queens county, in like manner, at the same rates of ferriage, under the same rules and regulations, and for like purposes as they have lawfully been accustomed to do, since the

eighteenth day of April, one thousand seven hundred and eighty-five. 51 Overseers of S 4. The electors of the several towns in the counties of Suffolk, Suffolk &c. Queens, Kings and Richmond, may choose as many overseers of

highways as they shall deem necessary. 52

$ 5. The electors of the several towns in the counties of Columbia, Albany, Essex, Clinton, Franklin and Seneca, may, at their annual town-meetings, or at any special town-meeting which shall be called for the purpose, make provision for destroying noxious weeds

(49) Laws of 1826, p. 47. (50) 2 R. L. 135, § 27. (51) Ib. § 28. (52) Ib. 125, $1.

Trustees of Westchester.

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on the lands of any person residing in said towns, at the exclusive TITLE 7. expense of such persons. 63

S 6. The electors of the town of Kingston, in the county of Ulster, Overseer of shall annually, at their annual town-meetings, choose some suitable bridge. person, being a freeholder, and inhabitant of said town, to be the overseer of the Kingston bridge, pursuant to the act entitled “ An act supplementary to an act entitled "An act authorising the supervisors of the county of Ulster to raise a sum of money for the purposes therein mentioned,' passed April 3d, 1816, and for other purposes,” passed January 21st, 1820.54

$ 7. The electors of the several towns in the counties of Greene, Rewards for Delaware, Lewis, Oneida, Chenango, Herkimer and Tioga, may, at noxious anitheir annual town-meetings, or at any special town-meeting which tain counties. may be called for the purpose, make such provisions and allow such rewards for the destruction of wolves, panthers and wild cats, in their respective towns, as they may deem necessary, not exceeding ten dollars for each full grown wolf, five dollars for each wolf-whelp or panther, and two dollars for each wild cat.55

$ 8. No person shall be entitled to such reward, unless he be an Ib. inhabitant of the town by which the same is granted; and all persons claiming such rewards for the destruction of wolves or panthers, shall produce the same evidence as is required in the eighteenth Title of the twentieth Chapter of this act. Persons claiming such rewards for the destruction of wild cats, shall produce such evidence as may be required by the supervisor of the town.55

$ 9. The electors of the town of Fort-Ann, in the county of Wash- Ib. in fontington, at their annual town-meetings, may cause a sum of money to ington counbe assessed on the freeholders and inhabitants of said town, not ex-' ceeding fifteen dollars for the destruction of every grown wolf, and a sum not exceeding seven dollars and fifty cents for every wolf's whelp which shall be killed in said town, in addition to the sum allowed by law; which shall be raised, levied and collected in the same manner as other expenses of said town. To entitle any person to such town bounty, the same proof shall be made, and certificate obtained in the same manner as is required in the eighteenth Title of the twentieth Chapter of this act. 56

S 10. The electors of the town of Dresden, in the county of Wash- Ib. in Dresington, may raise, at their annual town-meetings, a bounty by tax, on ington cout all the taxable inbabitants of said town, for the destruction of wolves; but not less than five, nor more than fifteen dollars shall be paid for each wolf destroyed. 57

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(53) 2 R. L. 135, § 26. (54) Laws of 1820, p. 9, § 3. (55) Laws of 1823, p. 207, 93 (56) Laws of 1826, p. 147. (57) Laws of 1827, p. 4. VOL. 1.

46

TITLE T. S 11. The electors of each town in this state, baving lands assign

med to it for the support of the gospel and schools, or for the support of in either, shall, at their annual town-meetings, elect three persons, being

electors of such town, as trustees to take charge of such lands.58 Tretes ef 3 12. The electors of the town of La Fayette, at their annual townLa Fayette.

meetings, may elect by ballot three freeholders of said town for trustees, who shall take the charge of that portion of the school fund which was apportioned to said town of La Fayette in the division of said fund between Pompey and La Fayette, and which accrued from the sale of the gospel and school lots in the old town of Pompey; and said trustees shall be a body politic and corporate, by the name and style of “ The Trustees of the town of La Fayette," and shall have a common seal, and by the name and style aforesaid may sue and be sued in any court of law or equity, for any cause or matter relating to the said funds and the proceeds thereof. 59

S 13. The said trustees of the town of La Fayette, and their successors in office, may proceed from time to time to collect the monies so apportioned to said town of La Fayette, whether due by bonds, mortgages, notes or otherwise, and may re-loan the same at lawful interest, to be secured by bond and mortgage on lands of double the value of the sums so loaned beyond the improvements, and to be free of incumbrances; but nothing herein contained shall authorise the collection of monies due on any bond, mortgage or otherwise, sooner than by the terms of the subsisting contracts is already provided. 59

S 14. It shall be the duty of said trustees to account for and pay over all monies which shall from time to time come into their hands as such trustees, and to deliver to their successors, all bonds, mortgages, and other securities relating to their trust, in the same manner and under the same penalties as are provided in the fourth Title of the fifteenth Chapter of this act. 59

S 15. The electors of the town of Jamaica, in the county of Queens, shall annually, by vote, at their annual town-meeting, direct the purposes to which the interest or income of the monies received from the sale of certain common lands belonging to said town, and sold pursuant to the act, entitled “An act to authorise William Ludlum, Isaac Lefferts and James Denton, to sell and convey certain common lands belonging to the town of Jamaica, in Queens county," and

passed the 24th of March, 1815, shall be applied. 60 Measurers in S 16. The electors of the several towns in the counties of Kings, Queens, and Queens and Richmond, shall annually, at their annual town-meet

ings, elect as many measurers as they may deem necessary, for the

Jamaica, Queens county.

Kings,

Richmond.

(58) See Title 4, Chap. XV. of this part. (59) Laws of 1827, p. 349. (60) Laws of 1815, p. 105.

Essex and

purpose of measuring ashes, marle, manure, grain, and other articles TITLE 7. usually sold by the bushel or load; and they may divide their several towns into as many districts as they may think proper, and assign a measurer to each district.61

S 17. The electors of the several towns of the counties of Essex and Measurers in Clinton, at their annual town-meetings, may elect as many measurers Clinton. as they may deem necessary, for the purpose of measuring charcoal; and they may divide their several towns into as many districts as they may deem proper, and assign a measurer to each district.62

S 18. It shall be lawful for the freeholders and inhabitants of the Oysterbay, town of Oysterbay, in the county of Queens, from time to time, at countys their annual town-meeting, and not at any other town-meeting, to determine whether they will lease, or otherwise regulate their common lands, beaches and marshes, of said town, or any part or parcel thereof, for any term not exceeding one year at any one time. 63

S 19. If they shall determine to lease all or any part of their com- fh. mon lands, beaches or marshes, by a majority of votes so given at such town-meeting, then they shall elect two of the freeholders of said town, who, with the supervisor thereof, shall lease the said common lands, beaches and marshes, and cause the determination of the townmeeting to be carried into full effect : but no part of the said common lands, beaches or marshes, shall be leased as aforesaid to any person or persons, not being a freeholder or inhabitant of the said town of Oysterbay. 63

S 20. The rents to be made payable for such premises, shall be lb. made payable to the supervisor of the said town of Oysterbay, and his successor in office; and if default be made in the payment thereof, the said supervisor, or his successor in office, shall have power in his name of office, to sue for and recover the same. 63

$ 21. Within thirty days after receiving any money so paid or re- fb. covered, the supervisor receiving the same shall pay over one half thereof to the overseers of the poor of said town, to be applied to the support of the poor of the town, and the remaining half thereof to the commissioners of common schools of the said town, to be applied for the benefit of common schools of the said town, in like proportion as the money derived from the common school fund of this state is applied.63

(61) Laws of 1821, p. 26 § 1. (62) Laws of 1822, p. 142. (63) Laws of 1822, p. 72.

TITLE 1.

CHAP. XII.
Of the Powers, Duties and Privileges of Counties,

and of certain County Officers.

Title 1.--Of counties as bodies corporate.
TITLE 2.-Of certain duties of county officers, and of various matters con-

nected therewith.
TITLE 3.–Of legal proceedings in favor of, and against counties.
Title 4.-Miscellaneous and special provisions.

TITLE I.

OF COUNTIES AS BODIES CORPORATE.
ART. 1.-Of the powers and rights of counties as bodies corporate.
ART. 2.--Of the effects of a division of a county, on its corporate rights and liabilities.

General pow. ere,

ARTICLE FIRST.
Of the Powers and Rights of Counties as Bodies Corporate.
Sec. 1. General powers of a county as a body corporate.

2. Limitation of its corporate powers.
3. Proceedings by or against county, to be in name of supervisors ; but conveyances

made in any manner for the benefit of county, good.
4. Powers of county as a body politic, to be exercised by board of supervisors, or in

pursuance of a resolution by them adopted.
Section 1. Each county, as a body corporate, has capacity,
1. To sue and be sued in the manner prescribed by law :

2. To purchase and hold lands within its own limits, and for the use of its inhabitants ; subject to the power of the legislature over such limits :

3. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate or administrative powers : And,

4. To make such orders for the disposition, regulation, or use of its corporate property, as may be deemed conducive to the interests

of its inhabitants. Limitation. $ 2. No county shall possess or exercise any corporate powers,

except such as are enumerated in this Chapter ; or shall be specially given by law; or shall be necessary to the exercise of the powers, so

enumerated or given. In what name $ 3. All acts and proceedings by or against a county in its corpo

rate capacity, shall be in the name of the board of supervisors of such county ; but every conveyance of lands within the limits of such county, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the board of supervisors.

$ 4. The powers of a county as a body politic, can only be exercised by the board of supervisors thereof, or in pursuance of a resolution by them adopted.

to act.

Powers how exercised,

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