Commission to examine witnesses. Money to be paid to trustees and charged to fund. lating to courts held by justices of the peace," is hereby amended by adding the following, viz: "And whenever the defendant shall neglect to appear, or to plead in such action or suit, and the plaintiff shall make application for a commission to take the deposition of a material witness for the prosecution of such action or suit, the justice may award a commission without notice, to one or more competent persons to examine such witness on oath, upon interrogatories proposed by the plaintiff, and settled by the justice to take and certify the deposition of such witness, and to return the same according to the directions given in such commission." CHAP. 330. AN ACT for the relief of Sherburne Union Academy. Passed October 25, 1847, "three-fifths being present." The people of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. There shall be paid out of the treasury, on the warrant of the comptroller to the trustees of Sherburne Union the literature Academy, in the county of Chenango, the sum of one hundren and sixteen dollars eighty-five cents, to correct an error in the last distribution of the income of the literature fund, occasioned by a mistake in the report of the said trustees to the regents of the university. The amount so paid shall be charged against the income of the literature fund to be distributed in the year 1848, as directed by the first section of chapter 258, of the laws of 1847. Road from Moriah Four § 2. This act shall take effect immediately. CHAP. 331. AN ACT to alter the act entitled "An act to build and repair two certain roads in the towns of Moriah and Elizabethtown in the county of Essex," passed May 4th, 1846. Passed October 26, 1847, "three fifths being present." The People of the State of New-York represented in Senate and Assembly, do enact as follows : § 1. The commissioners appointed and authorized by the act entitled "An act to build and repair two certain roads in the towns of Moriah and Elizabethtown, in the county of Essex," passed May 4th, 1846, are hereby authorized to take a sum not exceeding two hundred dollars, from the sum raised and appropriated by the act for making and repairing the road from the village of Elizabethtown to the house (then) kept by A. R. Delance, in West Moriah, so called, and apply the same to make and repair the road from "Moriah Four Corners" in Moriah aforesaid, to the village of Elizabethtown aforesaid, instead of applying the same in making and repairing the first mentioned road as authorized by said act. § 2. This act shall take effect immediately. CHAP. 332. AN ACT authorizing school district number six, in the town of Lyons to raise money by tax. Passed October 26, 1847, "three-fifths being present." The People of the State of New-York represented in Senate and Assembly, do enact as follows: raised by tax § 1. It shall be the duty of the trustees of school district Money to be number six, in the town of Lyons, and they shall have pow-by order of er, without any future vote of the taxable inhabitants of trustees. such district, to assess and issue a warrant according to law, for collecting a tax upon the taxable property and inhabitants of said district, of the sum of one thousand five hundred dollars, within thirty days after the twentieth day of July, in the year eighteen hundred and forty-eight, and also to assess and issue a warrant according to law, for collecting a further tax upon the taxable property and inhabitants of said district, of the sum of one thousand five hundred dollars, within thirty days after the twentieth day of July, in the year eighteen hundred and forty-nine, for the purpose of defraying the expense of finishing an addition to the sent school house in said district, and of making alterations in the present school house. pre give bond. § 2. Before issuing their warrant for the collection of Trustees to either of said taxes, the trustees of said district shall execute their several bonds to the clerk of said district, and his successors in office, in the penalty of at least twice the amount required to be raised by such warrant, with at least two sufficient sureties, to be approved by the clerk of said district, conditioned that the said trustees shall severally faithfully collect and account for the moneys mentioned in such warrant, according to law. Money to be raised by tax. Appraisers to hear and CHAP. 333. AN ACT to levy a tax upon the towns of Elizabethtown and Passed October 26, 1847, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The board of supervisors of the county of Essex shall at its next annual meeting, levy a tax of one hundred dollars upon the town of Elizabethtown in said county, and two hundred and fifty dollars upon the town of Moriah in said county, to be levied and collected at the same time and in the same manner as county taxes, and when raised shall be paid to the same persons, and for the same purposes, as is provided in an act entitled "An act to build and repair two certain roads in the towns of Elizabethtown and Moriah, in the county of Essex," passed May 4th, 1846. CHAP. 334. AN ACT to provide for ascertaining and settling the damages sustained by Erastus Dresser, from a lock in the Erie canal, at West Troy. Passed October 26, 1847, "three fifths being present." The People of the State of New-York represented in Senate and Assembly, do enact as follows : § 1. The canal appraisers are hereby authorized and redetermine quired to hear and determine the damages, if any, sustained damages. by Erastus Dresser, in consequence of the impaired state of the side-cut lock, at West Troy, in the month of July, eighteen hundred and forty-five; provided it shall appear to the satisfaction of the appraisers, that the condition of said lock, and consequent damage, were owing to the neglect and want of proper care or skill on the part of the canal agents. Appeal may be taken. Money when §2. An appeal from the decision of the canal appraisers may be taken by any of the parties to the canal board, as in cases provided by statute, and such further evidence or testimony may be received by the canal board, as may be offered, or as they may deem proper. § 3. Such damages, when appraised or confirmed by the to be paid, canal board, if appealed from, shall be paid by the commis sioners of the canal fund out of any moneys in their hands, appropriated or to be appropriated for the payment of canal damages. § 4. This act shall take effect immediately. CHAP. 335. AN ACT to authorize school district number one, in the town of Waterloo to raise a tax. Passed October 26, 1847, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: raised by § 1. The trustees of school district number one, in the Money to be town of Waterloo, Seneca county, are hereby authorized to tax. assess, levy and collect, from the taxable inhabitants of said district, upon the taxable property thereof, the tax not exceeding the sum of four thousand dollars, and interest that may grow due thereon, voted at a meeting of the legal voters of said district, held in said district on the second day of September, one thousand eight hundred and forty-seven, for the purpose of purchasing a lot and building, for a school house for said district, in manner following, to wit: levied. One thousand dollars may be levied and collected within When to be one month from the passage of this act, and the balance in annual instalments, in the month of September, in the next succeeding three years. lector. § 2. The collector of said district, for collecting said tax, Fees of col. shall be allowed not exceeding three per cent upon the several amounts by him collected, which shall be added to the said several amounts, and be collected under the warrants for collecting said tax. §3. The trustees of said district are hereby authorized to Mortgage. mortgage said school-house and lot, to secure the balance of purchase money and interest. expenses. § 4. It shall be lawful for said trustees to assess, levy and Contingent collect such sums as the legal voters of said district, at any legal meeting shall vote, from time to time, for contingent expenses of said district. 5. This act shall take effect immediately. Estimate to be made. CHAP. 336. AN ACT to provide for a free school in district number one in the town of Lansingburgh. Passed October 26, 1847, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The trustees of school district number one in the town of Lansingburgh, in the county of Rensselaer, shall annually, at least three weeks before their annual meeting, prepare an estimate of the amount which they shall deem necessary to pay the debts of such district, and for the support of common schools therein, for the ensuing year, exclusive of the moneys which they may be entitled to receive from the town superintendent, and including the sums required for the purchase of necessary furniture, apparatus and books, and for contingent expenses, and shall cause printed or written notices thereof to be posted for two weeks thereafter, in five or more of the most public places in said To be pre- district. They shall present such estimate at such annual nual meet- meeting, when the inhabitants of such district, entitled to vote at school district meetings, then present, shall vote thereon, and the same having been approved of by a majority of such inhabitants, shall be levied and raised by tax on such district, as now provided by law for raising a district school tax. sented at an ing, Warrant when to be issued. Tax to be a lien on lands § 2. When the trustees shall have completed the tax list, they shall issue their warrant to the collector of taxes of said district, returnable in thirty days, for the collection of the same, and take from such collector approved security for the performance of his duty; such warrant may be renewed from time to time. The moneys so collected shall be paid to said trustees, and by them appropriated to the purposes for which the same was voted, unless otherwise directed by a vote of the inhabitants, at their annual district school meeting, or a special meeting called for the purpose. §3. The tax hereby imposed shall be a lien upon the lands taxed, to be enforced and collected by sale, in the manner that county taxes are, upon a return to be made by said collector to the treasurer of the county, of all unpaid taxes in said district. § 4. This act shall take effect immediately. |