e

school tax.

sum not ex

applied towards defraying the various contingent expenses pro-
perly chargeable to the said city and county; and such expenses
as the mayor, aldermen and commonalty of the city of New-
York may in any manner sustain, or be put to by law; and
also such further sum by a tax as aforesaid, as is required by Common
law to be raised by tax in the said city for the support of
common schools, and as may be necessary for supplying the
deficiency of taxes upon any and every one of the wards of the
said city, imposed or laid during the year one thousand eight
hundred and thirty-nine, owing to the insolvency of the col-
lectors of the said wards, or any or either of them and their
sureties, or their inability to collect the said tax; and also for
defraying the whole of the expenses for assessing and collecting
the taxes to be raised as aforesaid, (such deficiencies however,
to be assessed on the estates real and personal of the free-
holders and inhabitants of, and situated within the wards re-
spectively, where they shall happen as aforesaid :) and also a
further sum not exceeding two hundred and thirty-four thou- A further
sand dollars by tax on the estates real and personal of the ceeding
freeholders and inhabitants of, and situated within that part $234,000.
of the city of New-York which may be designated by an or-
dinance or resolution of the common council of the said city
as the "watch district," to be applied towards defraying the
expenses of watching and guarding such part of the said city; A further
and also a further sum not exceeding one hundred and twenty ceeding
thousand dollars by a tax on the estates real and personal, of $120,000.
the freeholders and inhabitants of, and situated within that part
of the city of New-York which may be designated by an ordi-
nance or resolution of the said common council as the "lamp
district," to be applied towards defraying the expenses of light-
ing such part of the said city last mentioned; and also such
further sum by tax as aforesaid, as may be necessary for sup-
plying the deficiencies of taxes upon all that part of the city
constituting the watch and lamp districts, during the year one
thousand eight hundred and thirty-nine, owing to the insolven-
cies of the collectors of any of the wards of the said city, and
their sureties; or their inability to collect the said tax, and also
for defraying the expenses of assessing and collecting said tax-
es; such deficiencies however, to be assessed upon the estates
real and personal, of the freeholders and inhabitants of, and
within the said wards, respectively, where they shall happen as
aforesaid, within the districts aforesaid.

sum not ex

to be collected.

§ 2. The said several sums of money, shall be assessed and Taxes how collected in manner provided by law for the assessment and collection of taxes within this state, except so far as the same may be contrary to the provisions contained and referred to in the act entitled "An act respecting the collection of taxes in the city of New-York," passed April sixth, eighteen hundred and twenty-five, and in the act to amend the same, passed April twentieth, eighteen hundred and thirty; also in the

fourth section of the act entitled "An act to enable the mayor, aldermen and recorder of the city of New-York to raise money by tax," passed March tenth, eighteen hundred and twenty: also in the act entitled "An act authorizing a per centage to be added to unpaid taxes in the city of New-York," passed April thirteenth, eighteen hundred and thirty-five; and also in the act entitled "An act to amend the acts respecting the collection of taxes in the city of New-York," passed April thirteenth, eighteen hundred and thirty-nine, which said provisions so far as they relate to the assessment and collection of all or any taxes in the city of New-York, are hereby declared to be in full force and effect; and each person's tax in every separate ward of the said city, shall be collected in one payment; and the moneys so collected, shall be paid into the hands of the treasurer or chamberlain of said city, at such times and in such manner as directed by law.

CHAP. 11.

AN ACT to change the name of John Smith.

[Passed February 4, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. John Smith of Brooklyn, Kings county, carrying on the business of clothing merchant in the city of New-York, may assume the name of John Smiths Frazer, by which name he shall hereafter be known and designated.

Acts con

firmed.

Liabilities

CHAP. 12.

AN ACT to confirm the official acts of John H. Dayton, a commissioner of deeds.

[Passed February 5, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. All the acts of John H. Dayton, as commissioner of deeds of the town of Southampton, in the county of Suffolk, are hereby declared to be of the same effect and validity, as though the said John H. Dayton had resided in said town of Southampton at the time of performing such acts.

§ 2. All liabilities and forfeitures incurred by said John H. and forfeit Dayton, for having unlawfully exercised any of the duties and ures remit functions of the said office as commissioner of deeds are hereby

ted.

remitted, except in those cases in which suits have been commenced.

clause.

§ 3. This act shall not affect any suit or legal proceedings Saving which may have been had or commenced and now pending, in consequence of the invalidity of any official act of John H. Dayton, as commissioner previous to its passage. §4. This act shall take effect immediately.

CHAP. 13.

AN ACT to increase the number of firemen in the village of
Rhinebeck.

[Passed February 6, 1840.]

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

§ 1. The twelfth section of the act passed April twenty- Amendment third, eighteen hundred and thirty-four, entitled "An act to incorporate the village of Rhinebeck," is hereby amended in such manner that it shall and may be lawful for the fire company therein authorized, to be increased in number to thirtyfive, who shall be appointed and be in all respects conformable to the act of incorporation of said village.

ladder com

pany.

§ 2. The trustees of said village are hereby authorized at Hook and their discretion, to form a hook and ladder company from and out of said number of thirty-five, as they may from time to time direct.

§ 3. This act shall take effect immediately.

CHAP. 14.

AN ACT to authorize a loan to the county of Chenango.

[Passed February 6, 1840.]

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

$3,200.

§ 1. The Comptroller is authorized to loan to the county of Comptroller Chenango, the sum of three thousand and two hundred dollars may loan out of any money in the treasury belonging to the capital of the common school fund, on receiving from the treasurer of said county his official bond to repay the same in two equal annual instalments, with the interest annually upon the whole sum from the time said loan is made, at the rate of six per centum per annum, the first instalment of the said loan to be payable in the year one thousand eight hundred and forty-seven.

How to be expended.

Money to be raised by

tax.

Terms how long continued.

Jurors.

Repeal.

§ 2. The said money shall be expended for the purposes and in the manner directed by the act entitled "An act to provide for the building a new court-house in the county of Chenango," passed March 24th, 1837, and shall be accounted for by the building commissioners in the manner enjoined in said act.

§ 3. The board of supervisors of said county shall annually cause to be levied and collected upon the taxable inhabitants of the same, a sum sufficient to pay the annual interest of the said loan, which shall be paid into the hands of the county treasurer, who shall annually pay into the treasury of the state the said annual interest. The said board of supervisors shall also in each of the years one thousand eight hundred and fortyseven and one thousand eight hundred and forty-eight, levy and collect in like manner, the sum of one thousand and six hundred dollars, which shall be paid into the hands of the county treasurer, who shall in like manner, pay the same annually into the treasury of the state, to apply in payment of the bond authorized to be given by the first section of this act. 4. This act shall take effect immediately.

CHAP. 15.

AN ACT in relation to the county courts of the county of
Rensselaer.

[Passed February 6, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. Each term of the several courts of common pleas and general sessions of the peace in the county of Rensselaer, may be continued and held from the commencement thereof, until and including the fourth Saturday after the commencement of such term, but no process issuing out of the said courts, except subpoenas and attachments, shall be tested or made returnable in the second, third or fourth weeks of the said terms.

§ 2. The petit jurors now in attendance at the January term of said courts, may be held to the end of the term of said courts as hereby extended.

§ 3. The act entitled "An act to extend the terms of the county courts of the county of Rensselaer," passed April 21, 1831, is hereby repealed.

§ 4. This act shall take effect immediately.

CHAP. 16.

AN ACT to divide the town of Penfield.

[Passed February 6, 1840.]

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

Webster

§ 1. All that part of the town of Penfield, in the county of Town of Monroe, known in the original survey as township number erected. fourteen, and one tier of lots from the north part of township number thirteen, together with all that part of the gore lying between said township number fourteen, and the north tier of lots of township number thirteen, and the Irondequoit bay, is hereby erected into a separate town, by the name of Webster, and the first town meeting shall be held at the house of Benjamin McFarlan, in said town, on the day designated by the board of supervisors for holding the annual town meetings in said county of Monroe.

remain.

§ 2. All the remaining part of the said town of Penfield, Penfield to shall be and remain a separate town, by the name of Penfield. The next town meeting thereof shall be held at the house of Jonathan Baker, in said town, on the day designated by the board of supervisors for holding the annual town meetings in the said county of Monroe.

ings.

§ 3. The annual town meetings thereafter to be holden in Town meetsuch towns respectively, shall be held at such place as the electors of such towns shall fix upon in pursuance of the Revised Statutes.

§ 4. This act shall take effect immediately.

CHAP. 17.

AN ACT to annex parts of the towns of Clayton and Alexandria to the town of Orleans.

[Passed February 6, 1840.]

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

Clayton an

§ 1. All that part of Clayton, lying north of Orleans and Part of east of the north and south division line between said Clayton nexed to Orand Orleans, extended from the northwest corner of said leans. Orleans to the river St. Lawrence, shall be attached to, and belong to the town of Orleans.

and other is

§ 2. All that part of the island called Wells island which Wells Island now belongs to the town of Clayton, as well as all the smaller lands anislands in said river which would be embraced by a line run- e ning from the termination of the aforesaid division linc be

nexed to Or