Chap. 545. AN ACT to enable James McNierney, of New York city, to take and hold real estate, and to remove the disability of his alleged alienage, and to confirm certain conveyances to him which are claimed to be void because of alienage, and to release the claims of the people of this State to him. Passed May 3, 1869; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to hold property. SECTION 1. James McNierney, a native of Ireland, James Me claiming to be a naturalized citizen, and to have lost the Nierney evidences of his naturalization, is hereby authorized to take and hold real estate and all other property, and to have and enjoy all rights and incidents in respect to real and other property in this State, the same as if he had been a natural born citizen of the United States, and he May take is hereby qualified to take, receive and be possessed of all devised to rights, estate or interest in the property of Daniel Leo, him. late of New York city, deceased, devised or conveyed to him in due form of law, the same as if he had been such natural born citizen at and prior to the decease of said Daniel Leo. property 2. The acts of Matthew McInerney and Bridget ConveyMcInerney, his wife, Patrick Hickey and Nancy, his armed." wife, James Hickey and Catherine Hickey, his wife, Margaret Foster and John Foster, her husband, Ann Fox and Ansel Fox, her husband, John Hickey, Jr., and Ann E. Hickey, his wife, Johanna Donnelly and James Leo, which they may have done in making conveyances to said James McNierney, dated the one, (from all except said James Leo,) the eighth day of April, eighteen hundred and sixty-seven, and recorded in the office of the register of the city and county of New York, on the fif teenth day of January, eighteen hundred and sixty-nine, and the one from said James Leo, dated the thirty-first day of May, eighteen hundred and sixty-seven, and recorded in the office of the register aforesaid, on the sixth Interest of Daniel Leo, re leased. day of February, eighteen hundred and sixty-nine, are hereby declared to have the same force and effect, in all respects, as if they and said James McNierney, and each of them, had been natural born citizens of the United States at the death of said Daniel Leo. § 3. Whatever right, title, interest or claim, of any property of description or kind, which the People of this State may have, or may have acquired in any of the property which was of said Daniel Leo, or the rents, issues or profits thereof, or of any part thereof, or in the avails thereof, or of any part thereof, is hereby released to said James McNierney; but nothing herein contained shall be held or construed to affect the rights of any creditor or any other person. Proviso. Village boundaries. 4. This act shall take effect immediately. Chap. 546. AN ACT to amend the charter of the village of Passed May 3, 1869; three-fifths being present. SECTION 1. An act to amend an act entitled "An act incorporating the village of Durhamville, in the counties of Oneida and Madison, passed October twentyfifth, eighteen hundred and forty-nine," is hereby amended so as to read as follows: All that tract of land in the town of Verona, Oneida county, and the town of Lenox, Madison county, embraced within the following bounds: Beginning at a point on the southerly side of the Oneida creek, in the town of Lenox, Madison county, on the line between lots numbers seventy-eight and eighty-three of the Oneida creek tract, thence southwesterly along the line between said lots numbers seventy-eight and eightythree and on the same course to the northwest corner of lot number eighty-two; thence northwesterly along the easterly bounds of lot number seventy-six to the northeast corner thereof; thence southwesterly along the northerly bounds of said lot number seventy-six to the southwest corner of lot number seventy-two; thence northwesterly along the west bounds of lots numbers seventy-two, seventy-one, sixty-five and to the northwest corner of lot number sixty-four; thence easterly on the northerly line of said lot number sixty-four to the westerly bank of the Oneida creek; thence across said creek to the northwest corner of lot number forty-nine, in the town of Verona, Oneida county; thence along the northerly line of said lot number forty-nine and lot number fifty to the northeast corners of said lot number fifty; thence southerly along the easterly bounds of lots number fifty, fifty-four and fifty-seven to a point on the northwesterly side of the highway leading from the Durhamville and Scanandoa road to the Whaley road; thence on the northwesterly side of said highway to said Durhamville and Scanandoa road; thence on the last mentioned course to the southerly bank of the Oneida creek; thence down and along the said creek to the place of beginning, shall continue to be known and distinguished as the village of Durhamville. name and tion. 2. The trustees, together with the inhabitants re- Corporate siding within the boundaries aforesaid, are hereby powers of declared to be a corporation, and shall be known in law corporaby the corporate name of the village of Durhamville, and by that name the trustees and their successors shall have perpetual succession, capable in law of suing and being sued, complaining and defending in any court of law and equity, and may make and use a common seal and alter the same, and shall have power to hold, purchase and convey such real and personal estate as the purposes of the corporation may require. officers.. §3. The officers of the village shall consist of a presi- Village dent, four trustees, one clerk, one treasurer, three assessors, one street commissioner, one collector, one police justice and one constable, all of whom shall be elected by ballot by the electors of said village qualified to vote at the annual State elections, except street commissioners, who shall be appointed by the trustees of said village, and shall hold their offices respectively during the term prescribed by this act, and until their successors shall be duly qualified." Eligibility to office. Annual elections. § 4. No person shall be eligible or appointed to any office unless he shall be at the time a resident of and an elector in said village, and when any officer of said village shall cease to be a resident of the village, his office thereby becomes vacant. § 5. An election of the officers of the corporation shall be held annually on the first Wednesday of March, at such place as shall be designated by the trustees, and ten days' notice shall be given of such election by publishing said notice in the newspaper of the village, or posting notices of such election in six of the most public First elec. places within the corporation; except for the year eighteen hundred and sixty-nine, when such election shall be held on the eighteenth day of May. tion. Terms of president and trustees. Election of .first board of trustees. § 6. The president and trustees shall hold their office for the term of two years, except as provided in the next section. § 7. At the first election under this act, two of the candidates for the office of trustees who shall receive the greater number of votes therefor, and who shall be declared elected by the inspectors thereof, shall hold their offices until the second annual election next thereafter; and the other two who shall be so declared elected shall hold their offices until the next annual election thereafter, and the inspectors shall certify thereto accordingly immediately after the canvass shall be finished. Each and every officer elected under this act, other than the president and trustees, shall hold police jus their office for the term of one year, except the police justice, who shall hold his office for the term of four years, Terms of village offi. cers and tice. Elections; how conducted. § 8. One or more of the trustees shall preside at such election, and, in case no trustee shall be present at the hour appointed for opening the polls, the electors assembled may appoint a chairman to preside, and the presiding officer or officers in all such elections are authorized to preserve order, judge of the qualifications of electors, canvass the ballots and declare the persons. elected by the greatest number of votes; and all the powers possessed by the inspectors of election by the election laws of the State, are hereby conferred upon them for the purpose of such charter election; and the persous elected shall hold their offices respectively for the time prescribed in this act. Every such election shall be held at some public place in said village, to be designated by the clerk in the notice required to be given by the provisions of this act; the polls shall be kept open from one o'clock P. M. to four o'clock P. M., and the time for opening and closing the polls shall be specified in the notice of such meeting. and certifi cate of § 9. The trustees or chairman appointed to preside Canvass at such election shall canvass the votes given thereat, shall openly declare the result, and shall make and sub- result. scribe a certificate of such canvass, which shall show the whole number of votes given, the number given for each person voted for, and the office for which he shall have been voted for, which certificate shall be recorded in the book of records of said village. and remo 10. The trustees are authorized to fill all vacancies Vacancies that may occur in said offices (except that of police jus- vals. tice) for the remainder of the term during which such vacancy shall occur, and may at any time remove from office any person who shall have been appointed by them. for neglect to take oths of office. 11. If any officer who shall have been elected or Forfeiture appointed to any office in the corporation (except the treasurer and collector), shall be notified thereof, shall for ten days after receiving such notice neglect to take and subscribe the oath of office prescribed by the sixth article of the Constitution of this State, or refuse to serve in said office, he shall forfeit the sum of ten dollars. bonds of § 12. The treasurer, collector and street commissioner, Official before entering upon their official duties, shall severally certain execute a bond to the corporation, in such sums and officers. with such sureties as shall be approved by a majority of the trustees, conditioned that they will faithfully perform the duties of their office respectively, and account for and pay over according to law all moneys belonging to said corporation that shall come to their hands. § 13. The trustees shall form a board, and shall meet Board of within ten days after such annual election, and the trustees. president of the village shall be the presiding officer of the corporation. The trustees shall hold such stated Stated and meetings as they shall deem proper, and special meet- meetings. ings may be called at any time by the president, by any special |