Duty and power of commis sioners in relation to road. his fences, within the thirty days, said commissioners shall immediately thereafter remove such fences, and shall open said road. $ 4. Whenever said road shall be opened, said commissioners are hereby authorized, empowered and of highways directed to work, grade and gravel said road in such manner as they may deem necessary for public use, and to purchase necessary gravel for said road. And said commissioners are hereby authorized and empowered to borrow money in such sum or sums as they may from time to time require to defray expenses actually incurred or to be incurred by them on said road for the purposes aforesaid. All money expended by said commissioners, on said street, for the purposes aforesaid, and all money borrowed by them to defray said expenses, with interest thereon, shall be a charge upon the town of Canandaigua, and shall be assessed, levied and raised as hereinafter provided. The total amount of money expended by said commissioners, on said road, or by them borrowed to defray said expenses, under the provisions of and for the purposes mentioned in this section, shall not exceed five thousand dollars. Commissioners to keep account of and expended. $5. Said commissioners shall keep a just and true account of all money so as aforesaid expended by moneys had them on said road, and of all money borrowed by them to defray said expenses, and shall therein set forth the names of all persons to whom said money is due and payable; and said commissioners shall verify said account by their affidavit, and shall file the same with the town clerk of Canandaigua, and they shall deliver a copy of said account, duly verified, to the supervisor of the town of Canandaigua, and the same shall be by him laid before the board of supervisors of Ontario county, at their next meeting thereafter. Said board of supervisors are hereby authorized and directed to assess upon the town of Canandaigua, the amount of money specified in said account of said commissioners, and interest on all sums included therein from the time the same were expended or borrowed by said commissioners until the same shall be paid, and to cause the same to be levied and raised upon said town in the same manner as they are now required to levy and raise other town charges; but the total amount, exclusive of interest thereon, assessed, levied and raised upon said town in pursuance of this section, shall not exceed five thousand dollars; said money and the interest thereon, when collected, shall be paid to the supervisor of the town of Canandaigua, and shall be by him paid to such person or persons as may be entitled to receive the same, or any part thereof, in payment for money expended by said commissioners on said road, with interest thereon, or for money with interest thereon borrowed by said commissioners, to defray expenses incurred by them on said road. $6. All laws and parts of laws, so far as they conflict with the provisions of this act, are hereby repealed. §7. This act shall take effect immediately. Chap. 536. AN ACT to incorporate the Mendon Cemetery Passed April 22, 1867. tors. name. SECTION 1. Daniel Allen, Wm. S. Clark, Adams Corpora Miller, Ery Earl, N. N. Treat, Edwin F. Park, and such other persons as may hereafter associate with them, are hereby constituted a body corporate, by Corporate the name of the "Mendon Cemetery Association," with power to take, hold and convey, real and personal estate, in the town of Mendon, county of Monroe, to the use of the said corporation, to the amount not exceeding five thousand dollars. office. $2. The estate, stock, property and affairs of the Trustees. said corporation, shall be managed by six trustees, to be elected in the manner hereinafter directed, who shall hold their offices for three years, and until Terms of others shall be chosen in their places. The six persons named in the first section of this act, shall be the first trustees, and shall hold their offices until the first Monday in May, eighteen hundred and sixtyeight, and until others are chosen. First trustees. Annual tax. Assessment roll. Notice referring to roll. 7 $ 3. An election shall be held on the first Monday of May, eighteen hundred and sixty-eight, at which time two trustees shall be elected for the term of one year, two trustees shall be elected for the term of two years, and two trustees shall be elected for the term of three years, and on every first Monday of May thereafter, two trustees shall be elected for the term of three years, at such time and place in the village of Mendon, in the county of Monroe, as the trustees shall appoint. Notice of such election shall be given by posting a notice thereof in three public places in said village of Mendon, at least ten days previous to the time of holding the same. The election shall be by ballot, and every owner of a plat or plats, shall have a vote for every plat he may own, and if it shall so happen that an election shall not be had on the day designated by this act, the corporation shall not for that cause be dissolved, but the election may be held on any other day, giving notice thereof as hereinbefore directed. ་ $ 4. The trustees of Mendon cemetery association are hereby authorized to assess and collect an annual tax on all lots which have been heretofore, or may be hereinafter sold in the cemetery owned by said association, but such tax shall not exceed five dollars annually, on each lot, as laid down on the maps of said cemetery filed in the clerk's office of Monroe county, and in proportion thereto for less than a whole lot. S5. The trustees of said association having assembled for the purpose of assessing and levying a tax, shall enter upon their minutes the amount of tax to be levied on each lot, and shall, within ten days after such meeting, cause to be made an assessment roll, showing the names of each owner of a lot, or a portion of a lot, the portion of lot owned by each lot owner, and the amount assessed and levied on each lot, and portion of a lot. $ 6. They shall cause to be posted in three public assessment places in the village of Mendon, a notice setting forth the making of such assessment roll, and that the same can be examined at the office of the treasurer of said association, by every lot owner, ten days from the day of posting such notice, and that during such ten days the tax levied on each lot may be paid to the said treasurer without any charge for collecting the same. tax; how to covered. $7. If any tax shall remain unpaid after the expi- Unpaid ration of the said ten days, the said trustees may be recollect any of said taxes so assessed and levied, by suit before a justice of the peace of the town of Mendon. $8. The moneys so received and collected shall be applied annually to the improvement of said cemetery. $9. This act shall take effect immediately. Chap. 537. AN ACT to incorporate the Ulster Female Passed April 22, 1867. SECTION 1. S. A. Law Post, of the village of Ellenville, in the town of Wawarsing and county of Ulster, is hereby declared and constituted a corporation with succession, by his executors or trustees, to be duly appointed by his last will and testament, by the name and style of the Ulster Female Seminary, in Ellenville aforesaid, for the purpose of establishing, maintaining and conducting a seminary of education. $2. The corporation hereby created shall possess the powers and be subject to the provisions contained in the fourth article of the first title of the fifteenth chapter, and the third title of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable, and so far as is consistent with the constitution. share of the literature fund or the income thereof, 53. The said corporation shall be entitled to its whenever it shall have complied with the fiscal and other requisite conditions which would authorize the regents of the university to incorporate a select school, and shall enjoy such share so long as it shall in all respects, at all times, comply with such conditions. $ 4. Nothing herein contained shall be construed to exempt the said S. A. Law Post, and such executors or trustees, from legal liability for contracts to be made by him or them concerning the said institution, but he or they shall be legally liable for the debts of said corporation to the same extent and in the same manner as if they had acted in their individual capacity; but the real estate actually belonging to the said institution, and devoted to and used by the same to the amount of ten thousand dollars, and the personal estate belonging to the same, and devoted to and used exclusively thereby, to an amount not exceeding five thousand dollars, shall stand on the same ground as to taxation as if it belonged to any ordinary academical incorporation. S5. This act shall take effect immediately. Chap. 538. AN ACT authorizing the clerk of the county of Queens to record and index the notices of pendency of action on file in his office. Passed April 22, 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 clerk of the county of Queens is hereby authorized and directed to procure at the expense of said county, suitable books, and in such books to record and make an index of all notices of pendency of action, which may have been filed in the clerk's office of said county between the first day of January, eighteen hundred and twenty, and the first day of April, eighteen hundred and sixty-four. S2. The record of any such notice, or a certified copy thereof, may be read in evidence in any of the courts of this State, with the like force and effect, as if the original was produced. $3. The said clerk shall be entitled to receive for recording and indexing such notices of pendency of |