as if they had been executed in the life time of the said Henry Hall Joy by the said Henry L. Webb as his attorney; and any moneys received since the death of the said Henry Hall Joy by the said Henry L. Webb and David Hudson or either of them, or that may hereafter be received by them or either of them as aforesaid on any of the said contracts, may be accounted for and paid over by them to the executors and executrix, or the person or persons administering on the estate of the said Henry Hall Joy in England. § 2. This act shall take effect immediately. CHAP. 154. AN ACT to provide for the collection of taxes in the county of Kings. [Passed April 30, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: rolls when pleted. § 1. The assessors of the several towns in the county of Assessment Kings, and of the several wards in the city of Brooklyn, shall to be comcomplete their assessment rolls on or before the first day of July in each year; and the assessment rolls thus completed shall, on or before the first day of August in each year, be delivered by the assessors of the first seven wards of the city of Brooklyn, to one or more of the supervisors thereof, and by the assessors of every other town and ward in the said county, to the supervisor of such town or ward; and the said assessment rolls shall be delivered by the said supervisors to the board of supervisors at their then next annual meeting. delivered to § 2. The board of supervisors of the said county of Kings When to be shall cause the assessment roll of each town or ward in the collectors. said county, or a revised or corrected copy thereof with the taxes apportioned thereon, to be delivered, on or before the first Tuesday of October in every year, to the collector of such town or ward with a warrant of collection annexed or subjoined thereto, and shall require all payments specified in such warrant to be made on or before the third Tuesday of March then next ensuing in each and every year. town clerks to give list § 3. The clerk of the common council of the city of Brook- City and lyn, and the town clerks of the several towns in the county of Kings, shall yearly, before the first Tuesday of August in of assessors. every year, certify and deliver to the supervisors of their respective towns and wards, the names of the assessors and collectors in their respective towns and wards, and the said supervisors shall deliver the same to the board of supervisors at their then next annual meeting. Duty of col. lectors in paying over moneys collected. They are to use all due taxes. Interest to be charged in certain cases. 4. The collectors of the several towns in the county of Kings and of the several wards in the city of Brooklyn, shall severally, on the first Tuesday in each and every month after the said assessment rolls and warrants shall be delivered to them, on oath to be taken before the treasurer of the said county or any officer authorized to administer oaths, pay over to the said treasurer, or to such other person or persons lawfully entitled to receive the same, all moneys by them from time to time collected, retaining in their hands out of the same their fees of collection on the moneys so collected; and shall also exhibit to the said treasurer their respective assessment rolls and satisfactory vouchers for all payments by them respectively made, whenever they shall be so required to do by the said treasurer for his inspection, or for the inspection of the board of supervisors of the said county, under the penalty of two hundred dollars for each default in either of the provisions or requirements in this section contained, to be sued for by the said treasurer in any court having cognizance of the same; and the said treasurer may prosecute for such penalty, and shall appropriate the same, when received, to the support of the poor of the said county. § 5. It shall be the duty of the collectors of the several diligence in towns in the county of Kings, and of the several wards in the collecting city of Brooklyn, and they are hereby required to use all due diligence to collect all the taxes on the several assessment rolls to them respectively delivered, and to pay over all such taxes so collected by them to the proper person or persons authorized to receive the same, on or before the first Tuesday of January next ensuing the time herein before prescribed for the delivery of the said assessment rolls to such collectors. And whenever any tax on the estates, real or personal, of residents or nonresidents situated within any town or ward in the said county, shall remain unpaid on the said first Tuesday of January next ensuing the delivery of the said assessment rolls to the said collectors, it shall be lawful for the collector whose duty it may be to collect such tax, to charge, receive and collect, and he shall charge, receive and collect, in addition to the amount of such tax, one per cent on the amount thereof; if any such tax shall remain unpaid on the first Tuesday of February then next immediately following, it shall be lawful for the collector whose duty it may be to collect such tax, to charge, receive and collect, and he shall charge, receive and collect, a further addition or increase of one per cent on the amount of such tax; and if any such tax shall remain unpaid on the first Tuesday of March then next immediately following, it shall be lawful for the collector whose duty it may be to collect such tax, to charge, receive and collect as aforesaid, a further addition or increase of one per cent on the amount of such tax; and the increase or per centage or per centages so to be charged, received and collected as aforesaid, shall be chargeable on the pro perty assessed, in the same manner as if the same were originally included in the tax charged thereon, and all such increase or per centage or per centages as shall be collected, shall be paid over and accounted for by such collector as a part of the tax collected by him; and such increase or per centage or per centages shall be placed to the credit of the town or ward in which the same shall be collected, first deducting therefrom the treasurer's and collector's fees, and all other expenses that may be incurred by the said county in consequence of any taxes of such town or ward remaining unpaid on the first Tuesday of January in any year. charged. 6. Whenever any tax shall remain unpaid on the final re- Rate of inteturn of the collectors of the several towns in the county of Kings and of the several wards in the city of Brooklyn, to the treasurer of the said county, interest shall become chargeable thereon at the rate of seven per cent per annum on the amount of such tax, and also on the amount of the per centage which may have accrued thereon in the manner herein before provided; and it shall be lawful to enforce the payment of any such tax with the increase of such per centage or per centages, together with such interest thereon as aforesaid, on the sale of lands for the non-payment of taxes in the manner now provided by law. § 7. All acts or parts of acts heretofore passed, applicable to Repeal. the county of Kings or to any town or ward in the said county, inconsistent with the provisions of this act, are hereby repealed. § 8. This act shall take effect immediately. CHAP. 155. AN ACT for the appointment of constables in the town of York. [Passed April 30, 1841.] The People of the State of New-York, represented in Se nate and Assembly, do enact as follows : chosen. § 1. Any three justices of the peace of the town of York, in Two constathe county of Livingston, are hereby authorized to appoint, by bles to be warrant under their hands and seals, two constables, who shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties, as if they had been duly chosen by the electors of said town. §2. This act shall take effect immediately. Civil suits where to be prosecuted when parties reside i the city. Courts of special sessions. rested for crimes, CHAP. 156. AN ACT in relation to suits in justices' courts and before courts of special sessions in the county of Albany, and for other purposes. [Passed April 30, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Every civil suit hereafter to be prosecuted before a justice of the peace in the county of Albany, when all the parties to such suits shall reside in the city of Albany, shall be prosecuted before the justices' court of said city, and not elsewhere; except in cases when one or more of the justices of said justices' court shall be disqualified by interest or relationship from sitting as such justice. § 2. No court of special sessions of the peace organized in any town adjoining the city of Albany, shall have jurisdiction of any criminal offence charged to have been committed within the limits of the said city, unless a majority of such court shall consist of magistrates of the said city residing within the same. Persons ar- §3. Whenever any person, being a resident of the city of Albany, shall be arrested any where in the county of Albany, for any criminal offence charged to have been committed in the city of Albany, it shall be the duty of the officer making such arrest, to carry the person so arrested before some magistrate residing in said city, there to be dealt with according to law; and every warrant to be hereafter issued in the cases mentioned in this section, shall be made returnable before some magistrate residing in said city, and not elsewhere. where to be carried. October term where § 4. This act shall take effect immediately. CHAP. 157. AN ACT in relation to the terms of the supreme court. [Passed April 30, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. The October term of the supreme court instead of being to be held. held at the capitol in the city of Albany, shall hereafter be held at the court-house in the city of Rochester. Clerk at Geneva to § 2. It shall be the duty of the clerk of the supreme court attend term. at Geneva, to attend the terms of the said court to be held in the city of Rochester, pursuant to this act. Writs and process. § 3. All writs and process to be tested or returnable at the October term of the supreme court, shall be tested and made returnable at the place where the said term is required to be held by the provisions of this act. CHAP. 158. AN ACT to revive the act entitled "An act to incorporate the [Passed April 30, 1841, by a two-third vote.Į The People of the State of New-York, represented in Senate and Assembly, do enact as follows: and time ex § 1. The act entitled "An act to incorporate the Plattekill Act revived Turnpike Company," passed April 28, 1834, is hereby revived, tended. and the time for completing the road therein authorized is extended for the period of five years. CHAP. 159. AN ACT to extend the road from Benedict's mills in Maryland, Otsego county, to the Charlotte turnpike in Delaware county. [Passed April 30, 1841.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: extended to § 1. The commissioners, except Charles Mason, appointed Road to be to lay out a road from Benedict's mills in the town of Maryland, Charlotte in the county of Otsego, to the Erie canal in the county of turnpike. Montgomery, by an act entitled "An act to appoint commissioners to lay out a road from Benedict's mills, in the town of Maryland, to the Erie canal," passed April 18, 1838, are hereby authorized and empowered to extend the said road from Benedict's mills aforesaid to the Charlotte turnpike in the town of Davenport, in the county of Delaware; and for the purpose of so extending the said road, the said commissioners are hereby invested with all the powers, and subjected to all the duties. conferred upon and required of them by the said act; and all the provisions of the said act shall apply to the extension of the said road in pursuance of this act. § 2. Daniel Gilbert is appointed a commissioner under this New com act, instead of Charles Mason, who is therein named, missioner appointed. 17 |