of action, and choses in action, which they or either of them may have in possession or expectancy, at the time of said dissolution, shall be vested in the corporation provided for by this act, and the said corporation may sue and be sued in all cases in which either of the corporations, societies or associations herein provided to be dissolved, might have sued or been sued. S 4. This act shall take effect immediately. Chap. 99. AN ACT to provide for the election of three Commissioners of Highways in the town of West Farms, in the county of Westchester. Passed March 20, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. There shall be elected in the town of West Farms, in the county of Westchester, at the next annual town meeting to be held in said town, three commissioners of highways, who shall be divided by lot by the canvassers upon the result of the canvass, into three classes, to be numbered one," two and three; the term of office of the first class shall be one year, of the second two, and the third three, and one commissioner only shall thereafter annually be elected in such town, who shall hold his office for three years, and until a successor shall be duly elected or appointed. S2. This act shall take effect immediately. Chap. 100. AN ACT to release the right, title and interest of the people of the State of New York, of, in and to certain real estate, of which James Madden died possessed, to Winney Madden. Passed March 20, 1867; by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All the estate, right, title and interest of the people of the State of New York, by escheat, of, in and to the following described real estate, situate in the town of Islip, Suffolk county, and State of New York, bounded and described as follows, viz: Commencing at the southwest corner of the land hereby conveyed at a stake in the center of the three rod road, leading north from the store formerly occupied by E. P. Duryea; thence by the center of said road north fourteen degrees west, two chains, forty-nine links; thence west, seventy-five and one-half degrees east, twelve chains, fifty links; thence south one-quarter degree east, two chains, forty-nine links; thence south, seventy-five and onehalf degrees west, twelve chains, fifty links, to the place of beginning, containing three acres, be the same more or less; according to a survey made by E. Hawkins, surveyor, on the twelfth day of December, eighteen hundred and fifty-seven; being the same premises conveyed to James Madden by William Nicoll, by deed, dated the twelfth day of December, eighteen hundred and fifty-seven, is hereby released to Winney Madden, her heirs and assigns, forever. S2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any purchaser, devisee, or heir-at-law, or of any creditor by mortgage, judgment or otherwise, in the said real estate. S3. This act shall take effect immediately. Peddling, cartmen, &c. Chap. 101. AN ACT to legalize the official acts of William Lengfield, as justice of the peace of the town of Chazy, Clinton county, New York. Passed March 20, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All official acts of William Lengfield, as a justice of the peace of the town of Chazy, county of Clinton, are hereby legalized and declared to be valid and effectual, as if said William Lengfield had duly qualified as a justice of the peace according to law. Nothing herein contained, however, shall affect any action or proceeding now pending, or any right vested or acquired in opposition to such acts. S2. This act shall take effect immediately. Chap. 102. AN ACT to amend an act entitled "An act to consolidate and amend the several acts relating to the village of Peekskill, to alter the bounds and to enlarge the powers of the corporation of said village," passed March twenty-fifth, eighteen hundred and fifty-nine. Passed March 20, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision twenty-four of section seventeen of "An act to consolidate and amend the several acts relating to the village of Peekskill, to alter the bounds, and to enlarge the powers of the corporation of said village," passed March twentyfifth, eighteen hundred and fifty-nine, is hereby amended so as to read as follows: To restrain and prohibit hawking and peddling in the streets; to regulate sales by auction, and to grant or withhold license to auctioneers; also, to license and regulate cartmen and hackmen in said village. $2. Section nineteen of said act is hereby amended so as to read as follows: ment. 19. The trustees are authorized and empowered Fire depart to organize and establish a fire department, to consist of one or more fire companies, one or more hook and ladder companies, and one or more hose companies; to appoint a sufficient number, not exceeding sixty persons to each fire engine company, and not exceeding twenty-five to each hose company, and not exceeding forty to each hook and ladder company, with the consent of the individuals so to be appointed; a foreman for each company shall be chosen by the members of each company, in the manner to be directed by the trustees, and subject to their approval and ratification. streets $3. Section twenty-nine of said act is hereby Opening amended so as to read as follows: The trustees are authorized and empowered on the petition in writing of twelve freeholders of said corporation, (who may be interested in the laying out, opening or widening any street, alley or highway), to lay out, make and open any street, alley or highway of such width as they shall deem proper, and to cause any street, alley or highway already laid out or opened, to be altered, extended, widened or discontinued, whenever they shall deem the public good require; provided, however, that such street, alley or highway, shall not be so laid out, widened, extended or altered as to run over the site of any dwelling house erected before the said road, street or highway shall be so laid out, widened, extended or altered, if such dwelling house shall exceed in value the sum of two thousand dollars, and the damage of any owner or Assessment owners of any lands over which such street, alley &c. or highway shall be laid out, by reason thereof, may be settled by agreement between such owner or owners and said trustees; but in all cases when the amount of such damages shall not be settled by agreement, the said trustees shall proceed to have the same assessed in the same manner as is provided for assessing the damages occasioned by laying out of damages, Appeal from assessment. appeal. and opening highways in towns. And whenever any such damages shall have been assessed or agreed upon, the same shall be levied and collected as follows, viz: the trustees shall determine who are benefited by the improvement for which such damages shall be assessed, and shall furnish to the assessors of said village a list of all such persons, and of the amount to be assessed, and the assessors shall within such time as shall for such purpose be prescribed by said trustees, make an assessment of such damages, or such portion thereof as they shall deem just, upon such persons only and in such proportion as said assessors shall deem such persons to be benefited by such improvement. When the assessment is made, such assessors' shall give the like notice, and have the same power to make corrections therein as in the case of assessment of taxes; they shall deliver a corrected copy of such assessment to the clerk of the village for the trustees. Any person may appeal within six days after the delivery of such assessment to the clerk, to the trustees for the correction of such, assessment; the appeal shall be in writing, and delivered to the president of the board of trustees. In case of any such appeal, the trustees shall appoint a time, within ten days after said period of six days, for the hearing of such appeals as may have been made, and shall give five days preHearing of vious notice of the time and place of hearing such appeal or appeals, by causing a written or printed notice thereof to be served upon each person who may have appealed, by delivering the same to such person, or leaving the same at his or her place of residence, and also causing such notice to be posted in five public places in said village, at least five days before the time so appointed. The trustees shall at such time and place, and at such other times and places to which they may for that purpose adjourn, have power to alter the proportions of such assessment in such manner as they shall deem just. In case the whole amount of damages assessed for such improvement shall not be assessed upon those whom the trustees shall have determined to be benefited by such improvement, the residue thereof shall be a Upon whom to be made. assessment |