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Collector

Duties of clerk and collector.

and shall possess the same powers and be subject to the same provisions as if they had been elected under this act. A justice of the peace shall be elected in said city at the election to be held pursuant to this act, in the year eighteen hundred and sixty-five, who shall hold his office for four years, to commence on the first day of January, eighteen hundred and sixtysix, and a justice of the peace shall be elected in said city, at the election to be held pursuant to this act, in the year eighteen hundred and sixty-seven, whose term of office shall commence on the Monday next following his election, and shall continue until the thirty-first day of December, eighteen hundred and seventy, and after the election of said justice in the year eighteen hundred and sixty-seven, a justice of the peace shall be elected in said city each year, whose term of office shall commence on the first day of January next therefrom.

$9. The common council shall fix the compensation of the city collector for collecting the taxes which shall not be paid to said collector on any one of the days hereinafter mentioned, not exceeding five per cent on the amount actually collected by him. The city clerk under the direction of the common council shall extend and apportion said tax on the assessment roll delivered to him as aforesaid, shall forthwith file the same and shall make a full duplicate or copy of the same with the tax so extended and apportioned, and shall certify such copy to be a correct duplicate of the city tax roll; such roll shall then be delivered to said collector, with a warrant annexed under the seal of the city, commanding him to receive, levy and collect the several sums in the roll specified as assessed against the persons or property therein mentioned or described, with such rate per cent upon said sums for collecting the same as the common council shall have fixed in the manner provided by law for the collection and levying of county taxes by town collectors, and to return the said warrant and roll within ninety days after the date of the warrant. Immediately on the delivery of the roll and warrant to the city collector he shall publish notice thereof in one or more newspapers published in said city, desig

nating some central and convenient place within the city where said collector will attend, and giving notice that he will attend at such place with said roll and warrant, together with the roll and warrant for the collection of county taxes on the same days upon which he shall attend to receive county and State taxes as required by statute, in the same manner in all respects for the purpose of receiving payment of taxes. And it shall be the duty of said collector to attend accordingly, and any person may pay his taxes at the time and place so designated on paying one per cent fees thereon on any of the said days, and the city collector shall not receive over one-half of one per cent for collecting or receiving any taxes which shall be so paid to him.

$10. This act shall take effect immediately.

Chap. 40.

AN ACT to revive and continue in force the charter of the Oswego Water Works Company. Passed February 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The act passed January tenth, eighteen hundred and sixty-seven, amending an act entitled "An Act to incorporate the Oswego Water Works Company," passed May fourth, eighteen hundred and sixty-three, shall be deemed a revival and continuance of the act which it amends.

52. This act shall take effect immediately.

Chap. 41.

AN ACT in relation to a Stenographic Reporter for the Circuit Courts, Courts of Oyer and Terminer and special terms of the Fifth Judicial District.

Passed February 25, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In the counties of this State composing the fifth judicial district, on trials of issues of fact, at any circuit court, court of oyer and terminer, or special terms of the supreme court, it shall be lawful for the presiding justice, in his discretion, to employ a stenographic reporter, who, instead of the compensation now provided by law, shall be entitled to five dollars for each day's actual attendance at such court, together with his actual necessary expenses while so attending such court at the request of such justice, and ten cents a mile for travel from the place of his residence (but not beyond the bounds of the district), to the place where the court is held, and ten cents a mile for travel in returning from such court, to be certified by the said justice, together with such necessary sum for stationery as the presiding justice shall certify; which compensation shall be a charge upon the counties in which such courts shall be held respectively, and shall be allowed and paid from the court fund, or fund from which jurors are paid, upon the said certificate of the presiding justice. It shall be the duty of such reporter to furnish to any party to such trials, upon request, a copy of the evidence and proceedings taken by him on such trial, or of such parts thereof as may be required, on payment, on behalf of such party, of eight cents for every one hundred words of the copy so furnished.

S2. This act shall take effect immediately.

Chap. 42.

AN ACT to incorporate "Clinton Engine Fire Company Number One" of the village of Hobart, in the town of Stamford and county of Delaware.

Passed February 26, 1867.

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

tors.

SECTION 1. Charles Wood, D. C. Sharpe, Levander Corpora Hager, George T. Foote, Edward Hughes, George H. Sloate, Frederic W. Foote, William J. Clarke, George W. McMurdy, William H. Douglas, Horace Hanford, John Laughran, Robert S. Rich, Frank Gleason, and their associates, are hereby constituted a body corporate by the name of Clinton Engine Fire Company Number One of Hobart, and, by that name, they and their successors shall be capable in law of purchasing, holding and conveying any real or personal estate necessary for their use as a fire company, to an amount not exceeding three thousand dollars; also, by the corporate name aforesaid, they and their successors shall have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts and places, and in all manner of actions, suits, complaints, matters and causes whatsoever.

$2. The said corporation shall have full power to By-laws. make and establish such by-laws, rules and regulations as they shall, from time to time, think proper as to their officers, the time, place and manner of electing them, the period of their continuance in office, their removal for good cause, their powers and duties, and as to the election of members and their removal, and for the government of all members of this organization, and with respect to the purposes for which this corporation is constituted.

firemen, &c.

$3. The said corporation shall have full power and Number of authority to nominate and appoint a sufficient number of firemen, not exceeding sixty, including the persons herein named, and all other persons of what

Exemptions.

Consolidation.

ever rank or grade, and members of the said com
pany to have the care and management of the fire
engine, the hose and all the implements belonging
to the said company, and who shall be ready at al
times to assist in extinguishing fires and to perform
all the duties that may be required of them by the
regulations of the said company, and, in case
the removal of any members, to appoint or elect others
in their place.

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$4. Each member of this corporation constituted, appointed or elected as aforesaid shall be exempt from service as a juror in any of the courts of this State, and from militia duty, except in cases when the militia are called into actual service and while so a member of this corporation. And it is further provided that, whenever any member of this company shall have served therein faithfully and fully for the period of seven consecutive years, commencing at the age of twenty-one years or later, then the said member having so served shall be forever thereafter exempt from service in the militia of the State of New York, except in cases of insurrection or invasion, or when otherwise called into actual service.

S5. This act shall take effect immediately.

Chap. 43.

AN ACT to consolidate the Jordan Academy and
Free School District Number Four, in the town of
Elbridge, in the county of Onondaga.

Passed February 26, 1867.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The Jordan Academy, in the village of Jordan, is hereby constituted an academical department in free school district number four, in the town of Elbridge, in the county of Onondaga, in the manner provided for that purpose by section twenty-four of title nine of chapter five hundred and fifty-five of the session laws of this State, passed May second, eighteen hundred and sixty-four.

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