Lands released. Restriction. Who deem CHAP. 108. AN ACT for the relief of the widow and children of Lewis Passed April 1, 1844, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. All the right, title and interest of the people of this state in the real estate, situate in the city of Troy, whereof Lewis Darwin, an alien, was possessed at the time of his decease, is hereby released to the widow and children of said Lewis Darwin; and the said widow and children are hereby authorized to take, hold and dispose of the same in the same manner as if they were citizens of the United States. § 1. This act shall take effect immediately. CHAP. 109. AN ACT for the further preservation of deer, trout and other game, in the counties of Suffolk and Queens. Passed April 1, 1844. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. No person or persons shall kill any wild buck, doe or fawn in either of the counties of Suffolk and Queens, at any time during the months of December, January, February, March, April, May, June, July, August and September. § 2. The owner of any dog or dogs, which shall kill or ed guilty destroy any wild buck, doe or fawn in either of the said counties, during either of the months specified in the preceding section, shall be deemed guilty of a violation thereof. Sections ap. § 3. The provisions of sections two and three of title sixteen, chapter twenty, part first of the Revised Statutes, shall be applicable to the offences herein above specified, and committed during the months aforesaid. plicable. Penalty. Persons in pursuit of § 4. Whoever shall violate any of the provisions of either of the preceding sections, shall forfeit the sum of twelve dollars and fifty cents for each offence. 5. Any person or persons who shall have started and game deem- pursued, in either of said counties, with their dogs or otherwise, any wild buck, doe or fawn at any other time than the months specified in the first section of this act, shall be deemed session thereof. to be in possession of the same, so long as either he or they shall continue in fresh pursuit thereof; but this section shall not change or alter the law in regard to any criminal proceedings in any court of this state. respecting § 6. No person or persons shall take any trout in any of Provision the public waters in either of the said counties, between the trout. first day of September and the first day of March following. hibited. § 7. No person or persons shall at any time take any trout Nets proin any of the public waters in either of the said counties, with nets or seines. § 8. Any person or persons who shall violate the provis- Penalty. ions of either of the sixth and seventh sections of this act, shall forfeit the sum of ten dollars. how reco § 9. Any person may, in his own name, prosecute for and Penalties recover either of the penalties specified in this act, for him- vered. self and the overseers of the poor of the town where the offence is committed, and on recovery shall be entitled to retain one-half of said penalty, and the other half, after deducting one-half of the expenses of the prosecution, shall be paid to the said overseers for the support of the poor of the said town. applicable. § 10. The provisions of the act entitled "An act to amend Act of 1837 title sixteen of chapter twenty, of the first part of the Revised Statutes, entitled, of the preservation of deer and certain game and animals,"" passed May 1, 1837, shall extend to and include Suffolk county. CHAP. 110. AN ACT in relation to the trustees of the Cayuga Academy. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: duced. § 1. From and after the first day of May next, the num- Number of ber of trustees of the Cayuga Academy shall be reduced to trustees renine, three of whom shall be elected annually after the present year, on the third Monday of April, by the then existing board of trustees, and shall be equally divided into three classes, each of which shall hold said office, (except in case of death, resignation or removal from the county of Cayuga,) for the term of three years from the first day of May next succeeding said election, except the first and second classes first to be elected as hereinafter provided. trustees. §2. The first election of trustees under this act, shall be Election of held at said academy on the third Monday of April next, at Repeal. Repeal. 10 o'clock A. M., at which time the secretary of the board of trustees, shall cause to be deposited in a box to be by him prepared for that purpose, fifteen ballots, each having thereon printed or written the name of one of the present trustees, and the name of any one of said trustees shall not be written or printed on more than one of said ballots, and thereupon nine of said ballots shall be drawn therefrom, by some person to be designated for that purpose by said trustees, and the persons whose names shall be found upon the drawn ballots, shall constitute the new board of trustees of said academy, and whose term of office shall commence on the second day of May next; and for the purpose of determining the class to which each member of the new board of trustees shall belong, the secretary of the present board of trustees, shall, immediately after the election as aforesaid shall have taken place, and before any adjournment, cause the names of the said nine trustees to be written upon nine separate ballots, and deposited in a box to be prepared for that purpose, and the same shall be drawn therefrom by some person designated by the present board of trustees, and the persons whose names shall be found written on the first three ballots drawn, shall constitute the first class and shall hold said office for the term of one year; those found upon the next three ballots drawn, shall constitute the second class, and shall hold said office two years; and those found upon the remaining ballots shall constitute the third class, and shall hold said office three years. § 3. All laws enacted in relation to said academy or under which the same was organized, which are inconsistent with the provisions of this act, are hereby repealed. § 4. This act shall take effect immediately. CHAP. 111. AN ACT to amend "An act to incorporate the village of Skaneateles, in the county of Onondaga," and the acts amending the same. Passed April 3, 1844, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. The sixth section of the act passed the 5th day of May, 1834, entitled "An act to amend an act entitled An act to incorporate the village of Skaneateles, in the county of Onondaga," is hereby repealed. ments for § 2. All real estate situated within the limits of said vil- Assess lage, shall be liable to be assessed for highway work in said highway village, whether occupied or otherwise; and in case the work. highway work which shall at any time be assessed upon any real estate within said village, upon which there shall not be any actual resident, or any person residing in said village being the owner thereof, and the highway work shall remain unpaid, or not performed for the space of twenty days after the same shall have been demanded of the owner of such real estate, by the overseer of highways in said village for the time being, on filing with the clerk of said village an affidavit of such overseer showing such demand and default; the said trustees, or a major part of them may, by an order to be entered in their minutes, kept by said clerk, direct that such highway work so assessed upon such real estate, be paid in money at the rate of sixty-two and a half cents for each day so assessed, and may, by their warrant, authorize the said overseer to collect the same: which overseer of highways, under and in the execution of such warrant, shall have the like power and authority as collectors of towns in the collection of taxes. And if the same cannot be collected by said overseer by the time to be specified in such warrant, which shall not be less than twenty four days from the day of issuing such warrant; he shall make return thereof to the said trustees who may at any time thereafter give notice by publication for at least three months, in some newspaper published in said village, or if no newspaper shall then be published in said village, then in any newspaper published in the county of Onondaga, requiring the owner or owners to pay the sum assessed thereon, and ten per cent interest thereon from the time the same was returned to the trustees, and all costs and charges in relation thereto, to the treasurer of the said corporation; and in case default shall be made in such payment, at a day and place therein prescribed, that all such real estate will be sold at public auction, to the person or persons who will advance the amount of such assessment, interest, costs and charges for the shortest term of time. And if such tax or assessment, and the expenses, costs and interest are not paid as the said notice required, it shall be lawful for said trustees, or a majority of them, to cause such real estate to be sold at public auction as expressed in such notice, and to give a certificate of such sale under their corporate seal to the purchaser thereof; and such purchaser, his executors, administrators and assigns, shall, by virtue thereof and this act, lawfully hold and enjoy the same for his and their own use against the owner thereof, and all persons claiming under him or her, until the expiration of the term for which such sale was made, subject to the payment of the taxes or assessments during said term; and shall be entitled to remove from such real estate any buildings or materials erected or put thereon after such purchase. Penalty. CHAP. 112. AN ACT to amend an act entitled "An act for the incorporation of a Cemetery Association in the village of Lockport," passed May 7, 1840. Passed April 3, 1844, by a two-third vote. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Any person or persons who shall bury any corpse in or upon the grounds of the said association, (except upon the lots or plats owned by him or them,) without the leave 'or license of the trustees of said association, or who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument or gravestone or other structures placed in the grounds of the said association, or any fence, railing or other work for the protection or ornament of the said grounds, or of any tomb, monument, gravestone or other structure aforesaid, or of any lot or plat in the grounds aforesaid, or shall wilfully destroy, cut, break or injure any tree, shrub or plant on the grounds of said association, or shall drive or lead any horse or team, sleigh or carriage of any description, over or upon the grounds of said association, (except over or upon the carriage ways in said grounds,) shall be liable to pay a fine or penalty for each and every such offence of not less than five dollars or more than twenty-five dollars, according to the nature and aggravation of the offence, for the use of said association, to be sued for and recovered, with costs of suit, in an action of debt in the corporate name of said association, before any justice of the peace of the county of Niagara; and such offender shall also be liable in an action of trespass to be brought against him in any court of competent jurisdiction, in the corporate name of the said association, to pay all such damages as shall have been occasioned by his unlawful act or acts; and the said fines and damages, when recovered, shall be applied by said association, under direction of the trustees thereof, in the first place to the restoration of the property destroyed or injured, and the residue to the improvement or beautifying of the said grounds. § 2. This act shall take effect immediately. |