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Election of odivers.

signated as the eastern boundary of the said first ward, and a line to be drawn from a point in the south boundary line of the said city, at its intersection by the westerly side of the Mohawk and Hudson rail-road, as now used by them ; and from thence northerly along the westerly side of said

rail-road, and the westerly side of the Utica and SchenectaThird ward.) dy rail-road, to the north bounds of the said city. The third

to be composed of that portion of the said city lying east of the said line above designated as the eastern boundary of the said second ward, and north of a line to be drawn from the said eastern boundary line of the said second ward, at its intersection by the centre line of Union-street, and running easterly through the centre of Union-street, and

the centre of the Troy and Schenectady turnpike, to the Fourth ward eastern boundary line of the said city. The fourth to be

composed of that portion of the said city lying east of the said line above designated as the eastern boundary of the said second ward, and contained within the line above designated as the south boundary of the said third ward, and the south-westerly, southerly and eastern boundary lines of the said city.

§ 2. Each of the said wards shall, on the first Tuesday of April next after the passing of this act, and annually thereafter, be entitled to elect the same number of officers as the several wards of the said city were by law allowed to elect at the time of the passing of this act, except that but one supervisor shall be elected in and for both the said third and fourth wards : which annual, as well as all special elections, shall be held and conducted in the same manner, except as is hereinafter directed; and the officers to be from time to time elected, shall hold their respective offices for the like period as directed and provided in and by the act entitled “ An act relative to the city of Schenectady," passed April 29, 1833 : and the present incumbents of office, elected or appointed under any of the provisions of the said act, shall continue to hold the same until the term for which they were severally elected or appointed shall have expired : and the present common council of said city shall continue to be constituted as the same now is, until new common council shall have been elected under the provisions of this act: and the mayor and recorder of the said city, for the time being, together with the aldermen to be from time to time elected, shall continue to constitute, and be called, “The common council of the said city ;” and to constitute a board for the transaction of business, the presence of at least two-thirds of the whole number of alder. men of the said city, together with the mayor or recorder thereof, shall be necessary: and upon all questions arising in the said board upon the passage of any by-law or resolution, or in relation to the election or appointment to any

Common council.

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office in the gift of the said common council, or upon any other matter not in this act otherwise provided for, the concurrence of a majority only of the members present shall be necessary to the decision of such question.

3. The electors of the said third and fourth wards shall Supervisor unite in the election of one supervisor for both wards, and wards. shall vote for such supervisor in their respective wards at the same time and in the same manner they vote for the elective officers of their respective wards; which supervisor, when duly elected, shall have and possess the same rights and powers as to the said third and fourth wards, and as to the county of Schenectady, as the supervisors of the said first and second wards will have and possess as to their respective wards, and to the said county.

§ 4. The ordinary public charges of the several wards of Public the said city, heretofore usually audited at the annual meet- be allowed ing of the board of supervisors of the county of Schenectady, and assessed upon the several wards respectively, shall hereafter be allowed and audited as part of the public charges of the said city, and shall, by the said board of supervisors, be from time to time apportioned amongst the several wards of said city, in proportion to the aggregate amount of the annual assessments of the real and personal estate in each ward.

$ 5. The assessors chosen in the several wards shall form Board of asa board of assessors; and an assessment roll for each ward shall as heretofore be made by the assessors of each ward; but the valuations and assessments in each ward shall be received and determined at a meeting of the said board, to be held on some day previous to the first day of August, annually, at which one of their number, to be by them appointed for the purpose, shall preside; and the said valuations and assessments shall, on that or the next succeeding day, be determined by the said board, or a majority of them; and when completed, the several assessors shall forthwith give the notice in their several wards, required to be given by the assessors of towns or wards, of the completion of their several assessment rolls, and shall thereafter proceed in relation thereto, according to the provisions of article two, title two, of chapter thirteen, part first of the Revised Statutes.

$ 6. All licenses to be issued to inn-keepers or grocers Licenses. within the said city, under and by virtue of the provisions of title nine of chapter twenty of the first part of the Revised Statutes, shall hereafter be granted by the mayor, under the public seal of the said city, and pursuant to such regulations, not inconsistent with the provisions of the said title, as the common council of said city shall prescribe ; and the bonds in the said title directed to be entered into upon the granting of such licenses, shall be taken in the

sessors.

name of the mayor, recorder, aldermen and commonalty of the said city; and the said common council shall and may take such order in relation to the prosecution of such bonds, as they shall, from time to time, deem necessary and proper; and the provisions of the said title shall in all other respects, except as herein otherwise provided, apply to such licenses, and to persons selling spirituous liquors or wines within said city, contrary to the provisions thereof; and the penalties imposed by said title for the violation of any of its provisions, and which may be incurred within the bounds of said city, shall and may be sued for and recovered in the name of the treasurer of the said city, for the use of

the poor thereof. Parts repeal. § 7. All such parts of the act entitled “ An act relative

to the city of Schenectady," passed April 29, 1833, as are inconsistent with, or contrary to any of the provisions of this act, are hereby repealed.

§ 8. This act shall take effect immediately after the pas

ed.

Act to take effect.

sage thereof.

Executors of T. Poole may sell lands.

CHAP. 62.
AN ACT for the relief of Eliza Powers and others.

Passed March 14, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. It shall be lawful for William Powers and Peter Wyckoff junior, of the county of Kings, who, with Margaret H. Poole, now Margaret H. Barr, wife of John Barr, are named executors and trustees in the last will and testament of Thomas Poole, late of said county of Kings, deceased, at any time within ten years from the passage of this act, upon giving such security as may be required by the chancellor or the vice-chancellor of the first circuit, to sell and dispose of two certain dwelling-houses, and two certain pieces or parcels of land, situate in the city of Brook

lyn, in the said county of Kings, and in the said last will desDescription cribed, as follows: "All those two certain dwelling-houses,

and piece or parcel of land and meadows, situate, lying and being in the town of Brooklyn, in the county of Kings aforesaid, whereon I now live, with the appurtenances thereunto belonging; bounded southeasterly by the Gowanus road; southwesterly by land and meadows of Theodorus Polhemus, and meadows of Adrian V. Cortelyou ; north westerly by meadows hereinafter devised, given and bequeathed to my said executors, for the benefit of my aforesaid daughters, Margaret and Sarah ; and northeasterly by

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meadows and land of Henry Warner; containing twentyfour acres, as the same is now in fence, and marked and staked out, be the same more or less : And also the one equal half part (to be designated by lot) of all that certain piece or parcel of woodland, situate, lying and being in the town of Brooklyn, in the county of Kings, aforesaid, to be divided by a line running east and west from the land of Moses Smith, which said piece or parcel of woodland is bounded northerly by woodland of Leffert Lefferts ; easterly by woodland of Isaac Cortelyou; southerly by woodland of Samuel Fleet; and westerly by land of Moses Smith; containing six acres, be the same more or less; with the appurtenances thereunto belonging;" which sale, so to be made, may be public or private, as the chancellor or vicechancellor of the first circuit may order and direct; and a proportion of the consideration money for which the same shall be sold, not exceeding the one-half part in amount, may remain at interest, secured by bond and mortgage on the premises, for a term not exceeding ten years, the interest to be paid annually or semi-annually; and the said William Powers and Peter Wyckoff junior, are hereby authorized in case of a sale, after the same shall be ratified and confirmed by the chancellor or vice-chancellor of the first circuit, to make and execute good and sufficient deeds or conveyances in the law to the purchaser or purchasers thereof, which deeds or conveyances so to be made and executed, shall convey to the purchaser or purchasers thereof, all the estate, right, title and interest, which the said Thomas Poole had at the time of his death in and to the premises so conveyed.

§ 2. It shall be lawful for the said William Powers and Peter Wyckoff junior, from time to time, within the said term of ten years, to sell and convey in manner aforesaid, such parts of the said land and premises, as they may deem most beneficial to the persons interested therein.

$ 3. The said William Powers and Peter Wyckoff junior, Trustees are hereby constituted trustees, without the said Margaret will of T. H. Barr, late Margaret H. Poole, (she with her said husband having by an instrument under their hands and seals duly made, executed and acknowledged, signified their assent thereto, and relinquished the right anil claims of the said Margaret H. to the execution of said trust as trustee,) to carry into effect the trusts declared in and by the said last will and testament of the said Thomas Poole, deceased, in relation to the premises above described; and in pursuance of the provisions and directions of said will, they shall, out of the proceeds of such sale or sales as they shall make under and by virtue of this act, pay and discharge all taxes, assessments, liens, charges and encumbrances whatsoever, now or at any time hereafter during the continuance

Part may

be sold.

Poole.

of said trust, assessed or imposed upon the said lands and premises, so devised as aforesaid; and shall from time to time invest the surplus moneys that shall remain in their hands, after the payment aforesaid and incidental charges and expenses on such permanent securities as the said chancellor or vice-chancellor of the first circuit shall direct, which securities, together with the mortgages herein before authorized to be taken for a part of the purchase money as aforesaid, and also any part of the said devised premises that may remain unsold, shall be held by them in trust, according to the terms of said will; that is to say, to pay over the interest and income thereof from time to time and as the same shall become due and be received by them, un. to Eliza Powers, widow of John Powers, late of said city of Brooklyn, deceased, during her natural life, and her receipt for the same shall be valid and effectual in law, notwithstanding any future coverture; and after the decease of the said Eliza Powers, to convey, assign or pay over the same, to the lawful issue of the said Eliza Powers, if more than one, share and share alike; and for want or in default of such issue, then to all the grand-children of the said testator, Thomas Poole, deceased, who may then be living, according to the provisions and directions of the said will.

4. The said trustees shall once in each year during the continuance of their trusts by this act created, render to the chancellor, or to the vice-chancellor of the first circuit, an account and statement in writing and under oath, of their acts and doings as such trustees, specifying particularly the amount received and paid out, the sums invested, and where, to whom, and on what security; which account shall be filed in the office of the assistant register of the court of chancery.

5. The said trustees shall be subject to the control of the court of chancery, and may be removed from said trusts for sufficient cause; and in case of the removal or decease of the said trustees, or either of them, the court of chancery may appoint others to fill the vacancies thereby occasioned.

$ 6. This act shall take effect from the passage thereof.

To account annually.

Subject to court of chancery.

Act to take effect

CHAP 63. AN ACT to amend the act entitled " An act regulating the specific funds of the state,passed May 9th, 1835.

Passed March 14, 1837. The People of the State of New York, represented in Se

nate and Assembly, do enact as follows: Money to be § 1. It shall be lawful for the treasurer to pay upon the missioners warrant of the comptroller, the sum of one thousand thirty

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