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Chap. 94.

AN ACT to authorize the Clerk of Wyoming county to discharge a certain mortgage.

Passed April 2d, 1858.

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

SECTION 1. The clerk of Wyoming county is hereby authorized and empowered to discharge of record a certain mortgage recorded in liber two of mortgages, on page two hundred and fifty-six, given by Lyman H. Babbitt to E. Darwin Smith, clerk in chancery for the eighth circuit in the state of New York, and to his successors in office. §2. This act shall take effect immediately.

Chap. 95.

AN ACT to amend an act entitled "An act in relation to Common Schools in the village of Lockport," passed March thirty-first, eighteen hundred and forty-seven.

Passed April 2d, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All taxes hereafter to be levied and collected within the bounds of the "Union school district of Lockport," for contingent expenses appertaining to the union school, the secondary schools, the primary schools, and the colored school, shall be levied and collected of all the taxable property, real and personal, in said union school

district, as one general tax, and shall be expended for the benefit of the said several schools under the direction of the board of education for the village of Lockport; and no separate tax on the union school district, the secondary school districts, primary school districts, or for the colored school, shall hereafter be levied or collected for contingent expenses; but the expenses of purchasing a lot or lots for secondary or primary schools, and the erection of buildings or other permanent fixtures thereon, shall be levied and collected of all the taxable property, real and personal, in each of the said several districts.

§ 2. This act shall take effect immediately, and all acts or parts of acts inconsistent with this act, are hereby repealed.

Chap. 96.

AN ACT in relation to the election and term of office of Overseers of the Poor of the seve ral towns of Seneca county.

Passed April 2, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be hereafter elected in the several towns of the county of Seneca, only one overseer of the poor of said towns respectively, and that such overseer so hereafter elected, shall hold their said office for the term of two years.

§ 2. The term of office of all overseers of the poor elected under this act, shall commence on the first day of December next after their election.

Chap. 97.

AN ACT to change the mode of collecting highway assessments in the village of Canton, and to authorize moneys to be raised for street purposes, and to change the time of holding the annual elections of said village.

Passed April 3d, 1858, 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 Canton, in St. Lawrence county, are authorized to levy and collect from the assessed property in said village, according to the village assessment rolls of each year, the sum of not exceeding twenty cents on every one hundred dollars of the assessed value, in lieu of highway labor formerly charged on such property in the town of Canton, to be levied and collected in the ordinary manner by the collector of said village, upon the warrant of said trustees.

§2. At the annual elections of said village, in the years one thousand eight hundred and fifty-eight, and one thousand eight hundred and fifty-nine, or at any special meeting of the inhabitants of said village, in said years, called by the said trustees for that purpose, by notices of such meeting posted in at least five public places ten days previous thereto, the taxable inhabitants of said village being legal voters at such election or meeting, may, by the votes of a majority of the legal voters present at such election or special meeting, authorize the said trustees to levy and collect from the taxable inhabitants and property in said village, money not exceeding five hundred dollars in each of said years, to be applied exclusively to the improvement of streets and sewers in said village; but no vote to authorize such taxes shall at any special meeting be valid, unless such previous notices shall have been given.

§3. The time for holding future elections in said village for the election of village officers, shall be the first Tuesday in the month of April in each year hereafter.

§ 4. All acts or parts of acts inconsistent with the provisions of this act, are hereby modified or repealed. § 5. This act shall take effect immediately.

Chap. 98.

AN ACT to incorporate Independent Engine Company No. 5, of Binghamton, New York. Passed April 3d, 1858; three-fifths being present.

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

SECTION 1. Job N. Congdon, William H. Still well, Ephraim R. Jones, Benjamin Deboe, Tracy R. Morgan, Abram DeWitt, Henry B. Clark, Seymour S. Horton, Henry W. Horton, William H. Close, C. G. Williams, and their associates, are hereby constituted a body corporate, by the name of "Independent Engine Company number five," and by that name they and their successors shall be capable in law of purchasing, holding and conveying, any real estate or any personal estate necessary for their use as a fire company, to the amount of ten thousand dollars; and, also, by the corporate name aforesaid, they and their successors shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being im pleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever.

§ 2. The said corporation shall have full power to make and establish such by-laws, rules and regulations as they from time to time shall think proper, as to their officers, their time and place of electing them, the period of their continuance in office, their removal for good cause, their powers and duties, and as to their removal for good cause, and the government of persons appointed by them as fire

men, and with respect to the purposes for which this corporation is constituted.

3. The said corporation shall have full power and authority to nominate and appoint a sufficient number of firemen, not exceeding seventy-five, to have care and management of the fire engine and all the implements belonging to said company, and who shall be ready at all times to assist in extinguishing fires, and to perform all duties which may be required of them by the regulations of said company, and in case of removal of any members to appoint others in their places. The company hereby incorporated, shall in case of actual fires be subject to the corporate authorities of said village and to the ordinary rules of the fire department thereof.

§4. Each of the persons so to be appointed firemen as aforesaid, who shall serve as such firemen for seven years, shall during such service and forever thereafter, be exempt from serving as a juror in any of the courts of this state, and from militia duty, except in cases where the militia are ordered into active service.

§ 5. This act shall take effect immediately.

Chap. 99.

AN ACT to authorize the President and Trustees of the village of Liverpool, to purchase and hold real estate.

Passed April 5th, 1858, three-fifths being present.

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

SECTION 1. The president and trustees of the village of Liverpool, are hereby authorized and empowered to take, purchase and hold real estate, not to exceed in value one thousand dollars, in addition to the real estate authorized to be purchased in pursuance of the act entitled "An act to

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