In both counties. Copies of records. this state; but the sum to be raised by virtue of this section shall not exceed two thousand dollars. $22. The supervisors of the said counties of Chemung and Tioga shall, at their next meeting in their respective counties, assess, levy and collect in their several counties, such further sums of money as shall be necessary to transcribe and copy the books, records and papers aforesaid. $23. When the said books, records and papers shall have been transcribed and copied as aforesaid, the person or persons making the same, shall certify on oath before the clerk of the county of Chemung that they are true copies of all the books, records and papers remaining in the clerk's office of Tioga, relating to lands in said county of Chemung, according to the best of his or their knowledge and belief; and the said copies when so completed and certified as aforesaid, shall be deposited in the clerk's office of the said county of Chemung, which said copies or exemplifications or certified copies thereof shall thenceforth be received and considered in all courts and places as evidence, and have the same force and effect as the original records or certified copies or exemplifications thereof could or would have therein. Members of $ 24. The said county of Chemung shall be entitled to Assembly elect one member of Assembly in the same manner as the other counties of this state are by law entitled to elect; and the county of Tioga shall in like manner be entitled to elect one member of Assembly. Circuit oyer and terminer, $25. There shall be two circuit courts and courts of oyer courts and and terminer and general jail delivery, held in each year at the court-house at Elmira, in and for the county of Chemung; and also two circuit courts and courts of oyer and terminer and general jail delivery, in each year, held at the court-house in the village of Owego, in and for the county of Tioga, at such times as the circuit judge for the judicial district in which said counties are situate, shall appoint, due notice of which shall be published in one of the newspapers printed in each of said counties, and in the state paper, at least thirty days previous to the time of holding said courts. May circuit] in 1836 at Elmira. $26. The circuit courts appointed to be held at the courthouse in the village of Elmira, on the third Monday of May next, shall be held at that time and place as the first circuit court in and for the county of Chemung, and all suits which shall be pending in the supreme court in which the parties, or either of them, shall reside in the said county of Chemung, and in which the venue shall be in the county of Tioga, (except local actions required to be tried in the county of Tioga) shall be tried in the said county of Chemung, and the venue in all such suits shall be deemed to have been laid in said county of Chemung, and judgments shall be rendered therein, and all subsequent proceedings had in said suits respectively, as if the venue therein had been originally laid in said county of Chemung; and all indictments or other criminal proceedings which shall be pending against any person or persons in that part of the county of Tioga erected into the county of Chemung by virtue of this act, for any offences committed therein previous to the passing of this act, shall be tried in said county of Chemung in the same manner as if the same had been found or commenced in the said county of Chemung. meetings of $27. The annual meetings of the board of supervisors of Annual the county of Chemung, shall be held at the court-house in supervi the village of Elmira; and the annual meetings of the board sors. of supervisors of the county of Tioga, shall be held at the court-house in the village of Owego. S28. Nothing in this act contained shall affect the rights, powers, privileges or jurisdiction of the sheriff and clerk of the present county of Tioga, but the same shall remain in all respects as if this act had not been passed; and the said sheriff and clerk shall perform the duties appertaining to their respective offices in the courts, and over the territory of both counties, until the expiration of the term for which they were severally elected. Sheriff and clerk to hold until expiration of term. members of $ 29. At the next annual election for officers in the several Election of counties in this state, the said county of Chemung shall elect Assembly. one member of Assembly, and the said county of Tioga one member of Assembly, in the manner now prescribed by law. office in $30. The clerk's office for the said county of Chemung, Clerk's shall be kept in the village of Elmira, at some suitable place Chemung. to be provided by the person performing the duties of county clerk, until a clerk's office shall be built therein as provided by this act. made for county. $ 31. The judges of the court of common pleas in the said Seal to be county of Chemung shall have power to cause a seal to be Chemung made for said court, in the manner now provided by law, whenever the seal of any court shall be lost or destroyed, with such form and device as they shall adjudge to be appropriate, which shall become the seal of the said court. CHAP. 332. AN ACT to erect a new county from a part of the county of Montgomery, by the name of Fulton, and for other purposes. PASSED April 18, 1838. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Fulton 1. All that part of the county of Montgomery lying and County of being on the north side of a line beginning at the northwest erected. corner of the first tier of lots in Klock and Nellis's patent, in the town of Oppenheim, on the west line of the county of Montgomery, and running thence through the towns of Op penheim and Ephratah, on a straight line to the centre of the New turnpike (so called,) where said turnpike crosses the highway leading from the village of Ephratah to Palatine bridge; thence easterly on a straight line. to the southeast corner of the town of Broadalbin, in the said county of Montgomery, shall, from and after the passing of this act, be a separate and distinct county of the state of New-York, and be known and called by the name of Fulton, and entitled to and possessed of all the benefits, rights, privileges and immunities, and subject to the same duties as the other counties of this state; and the freeholders and inhabitants thereof shall possess and enjoy all the rights and immunities which the freeholders and inhabitants of the several counties of this Montgome state are by law entitled to possess and enjoy. All the remaining part of the present county of Montgomery shall be and remain a separate and distinct county by the name of Montgomery. ry county. erected. Town of St. $ 2. All that part of the town of Oppenheim which lies Johnsville south of the aforesaid line, shall, from and after the passing of this act, be a separate and distinct town of the said county of Montgomery, by the name of St. Johnsville; and the freeholders and inhabitants thereof shall possess and enjoy all the rights, privileges and immunities which the freeholders and inhabitants of the several towns in this state are entitled by law to possess and enjoy; and the first town meeting for said town shall be held at the house of Christopher Klock in said town, on the first Tuesday in May next, for the choice of such town officers as do not reside within the said town of St. Johnsville. Oppenheim $3. All the remaining part of said town of Oppenheim shall to remain. remain a separate town by the name of Oppenheim, and the next town meeting for said town shall be held at the place to which it was adjourned at the last town meeting therein, on the said first Tuesday of May next, for the choice of such town officers as do not reside in said town of Oppenheim. Town money to be divided. Town of Perth erected. S4. The supervisor of the said town of Oppenheim and the supervisor of the said town of St. Johnsville shall meet together, at the house of Robert Higbie in the said town of Oppenheim, on Saturday after the first Tuesday of May next, and divide the moneys belonging to the said town of Oppenheim (if any such there shall be) proportionably, agreeable to the last assessment roll of said town. All the town officers elected at the last annual town meeting in the town of Oppenheim shall continue to hold their offices the same as if this act had not been passed, except that they shall be officers of the town in which they may at the passing of this act respec tively reside. S 5. All that part of the town of Amsterdam which lies north of the aforesaid line, shall, from and after the passing of this act, be a separate and distinct town of the said county of Fulton, by the name of Perth, and the freeholders and inhabitants thereof shall possess and enjoy all the rights, privileges and immunities which the freeholders and inhabitants of the several towns in this state are entitled by law to possess and enjoy; and the first town meeting for said town shall be held at the house of John Rob, in the said town, on the first Tuesday of May next. to remain. S 6. All the remaining part of said town of Amsterdam Amsterdam shall remain a separate town by the name of Amsterdam: and the next town meeting for said town shall be held at the time and place to which it was adjourned at the last town meeting therein. money to be $ 7. The supervisor of the said town of Amsterdam, and Town the supervisor of the said town of Perth, shall meet together divided. at the house of Levitt Kingsbury in the village of Amsterdam, on Saturday after the first Tuesday of May next, and divide the moneys belonging to the said town of Amsterdam (if any such there shall be) proportionably, agreeable to the last assessment roll of said town. Ephratah, and Mo S 8. All that part of the town of Ephratah lying south of Parts of the said line specified in the first section of this act, shall be Palatine attached to and form a part of the town of Palatine; all that hawk how part of the town of Palatine lying north of the said line attached." specified in the first section of this act, shall be attached to and form a part of the town of Ephratah; and all that part of the town of Mohawk lying north of the said line specified in the first section of this act, shall be attached to and form a part of the town of Johnstown, and if any portion of the town of Johnstown lies south of the said line, it shall be attached to and form a part of the town of Mohawk. Fulton S 9. There shall be a court of common pleas and a court of Courts in general sessions of the peace, held at the old court-house in county. the village of Johnstown, in and for the said county of Fulton, four terms in each year, as follows: The first term shall commence on the third Monday of January, one thousand eight hundred and thirty-nine; the second term on the first Monday of April thereafter; the third term on the first Monday of August thereafter; and the fourth term on the first Monday in October thereafter; and on the same day in each year thereafter. gomery $10. From and after the passage of this act, the court of In Montcommon pleas and general sessions of the peace, in and for county. the county of Montgomery, shall be held at the court-house in the village of Fonda, on the second Monday of June, September, December and March, in each year. S 11. Each of the terms of the said courts in the said counties of Montgomery and Fulton, may continue to be held until and including the second Saturday after its commencement; there shall be no grand jury at the August or October terms of said courts; nor shall any issues of fact be tried; nor shall any jury attend the August terms of said courts in the county of Fulton. Terms. records and papers. Books, S 12. The books, records and papers appertaining to the county of Montgomery, shall be and remain the property of the said county of Montgomery; so many and such portions thereof as concern the said county of Fulton, and the real property therein, shall be transcribed and copied into suitable books to be provided for the purpose, at the mutual expense of the said counties in the manner hereinafter provided. To be tran scribed. Commis sioners to S 13. John Sanford, Lewis Averill and Daniel J. McMartin, are hereby appointed commissioners, a majority of whom shall have power to procure the necessary books and stationery, and to contract with such person or persons as they shall deem fit, to transcribe and copy the said books and records on such terms as they shall think equitable and just; and the said person or persons so employed shall give a bond, with approved sureties, to the treasurer of the said county of Fulton, for the faithful performance of the duties required of him or them. S 14. The said commissioners shall, before they enter upon give bond. the duties of their appointment, give a bond, with sureties, to the treasurer of the county of Fulton, to be approved by him, for the faithful performance of their duties; and they shall severally be entitled to receive the sum of two dollars for each day they shall be necessarily employed therein; to be paid by the said counties of Montgomery and Fulton, in the same manner as the transcribing the books and records of the county of Fulton shall be paid. Money to be drawn for. Meeting of supervi. sors. Two boards to be formed. S 15. The said commissioners, or a majority of them, may from time to time draw upon the treasurers of the said counties of Montgomery and Fulton, or either of them, for such sum or sums of money as may be necessary for the purposes aforesaid, and as shall come into the said treasurers' hands by virtue of this act; and the said treasurers are severally required out of the said moneys to pay to the order of the said commissioners, or a majority of them, the several sums of money which shall be drawn for by them for the purposes aforesaid. S 16. There shall be a meeting of the board of supervisors of the present county of Montgomery, on the second Tuesday of May next, at the court-house in the village of Fonda, to transact such business as may be necessary in consequence of the passing of this act: and it shall be the duty of the clerk of said county, upon receiving due notice of the passing of this act, to notify each supervisor in said county of the same, and of the time and place of holding said special meeting. $ 17. The said supervisors, when so convened as aforesaid, shall have power to form themselves into two separate and distinct boards: those residing in the county of Montgomery to be considered as the board of supervisors in and for the said county of Montgomery; and those residing in the county of Fulton to be considered as the board of supervisors in and |