Vacancies how to be filled. thereof, were created and defined by the act establishing the same, passed February 16, 1821, and by the several acts since passed amendatory thereof. The persons so selected and designated as such justices of said court, shall enter upon the discharge of the duties of their office on the first Tuesday in May immediately after such election, and shall hold such of fice for four years and until a successor is duly chosen and qualified. The said common council shall select and designate the two other persons so elected justices of the peace, to be police justices of said city, who shall have and exercise the like powers under the like restrictions, as is now provided by law in relation to said office, and who shall hold for four years and until a successor is duly chosen and qualified. Whenever the said common council shall make such selection and designation of said officers as above provided, (after the first election herein provided) it shall determine at the same time to which one of the former incumbents each person so selected, shall be the successor in office. 4. Any vacancy which may happen in any of said offices, shall be filled by the said common council, and the person appointed to fill the same, shall hold his office until the first Tuesday in May next ensuing. If such vacancy shall have been filled during the first three years of the official term of the former incumbent, then an election shall be had at the next charter election to be held as aforesaid, to fill such office, and the person then elected shall hold said office until the expiration of the regular official term of four years, for which the person last before elected shall have been chosen, and until a successor is duly chosen and qualified. Salaries to § 5. The said police justices shall be paid a salary of not less than one thousand dollars, or more than one thousand three hundred dollars per year each, and the said justices of the said justices' court shall be paid a salary of not less than . eight hundred dollars, nor more than one thousand dollars per year each, in lieu of all fees and perquisites whatsoever, to be fixed by said common council from time to time as they may deem best, but which shall not be increased or diminished during the official term of any incumbent, so as to affect his compensation during that term, and all the provisions of article five of the act relating to the city of Albany, passed March 28, 1844, not inconsistent herewith, are continued in full force. be fixed. Clerk of Justices' court. § 6. One of the said justices of the Albany justices' court shall act as clerk of said court, whose duty it shall be on the first Monday of each month to report to the chamberlain of the city of Albany, an account of the amount of costs so received by him during the preceding month, and pay the same to the said chamberlain, which said report shall be accompanied by his affidavit that said report is correct. § 7. The first election under this act, shall be held at the charter election to be held on the second Tuesday in April, eighteen hundred and forty-eight. 8. This act shall take effect immediately. CHAP. 71. AN ACT in relation to the Public School Society in the city of New-York. Passed March 4, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: may be § 1. Any schools which have been established by the pub- Schools lic school society of the city of New-York, since the passage continued. of the act entitled "An act more effectually to provide for common school education in the city of New-York," passed May 7, 1844, may be continued and supported, and may be allowed to participate in the public money apportioned to said public school society, in the same manner as if they had been established before the passage of said act, but the said public school society shall not establish any new school without the consent of the board of education. houses, § 2. The said public school society have power to purchase, School erect or bire other buildings in place of those now occupied by their schools, whenever it shall become necessary for the purpose of said schools now existing. 3. This act shall take effect immediately. CHAP. 72. AN ACT in relation to the office of state engineer and surveyor and the engineer department. Passed March 4, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The office of the state engineer and surveyor shall be Office. kept in the new state hall, and the trustees thereof shall assign a suitable room or rooms therein for his use. and duties. §2. The state engineer and survey or shall possess all the Powers powers and discharge all the duties prescribed or required by law to be discharged by the surveyor-general prior to the first day of January, eighteen hundred and forty-eight, except his powers and duties as a commissioner of the canal fund. ion of engi § 3. The state engineer and surveyor shall have the general Supervis supervision of the engineer department, and shall perform all such duties in relation to the canals, as shall be required partment. neer de Canal Board to by the canal board, and shall visit and inspect the public works of this state as often as in his judgment it shall be necessary. § 4. The canal board is authorised to prescribe the duties prescribe of all such division, resident and assistant engineers as may be appointed pursuant to law. duties. Division engineers pointed. § 5. The canal board may or may not, as it shall deem may be ap. expedient, appoint during its pleasure not exceeding three division engineers, and the said board shall from time to time, appoint during its pleasure so many resident and assistant engineers as it shall deem necessary to be employed upon the public works of this state, and shall prescribe their compen Services under to be performed. sation. § 6. Whenever any division, resident or assistant engineer whose su- shall be required by the canal board or the canal commispervision sioners, or the acting commissioner on his division of the canals to perform any service in the line of his duty, he shall perform the same under the supervision of the state engineer and surveyor, and shall, under the sanction of the board or commissioner requiring the same, be authorised to employ the requisite assistants and laborers to enable him to perform such service. Oath of office to be taken. Frauds to be investigated. Embank cavations, §7. Every engineer, surveyor and assistant, before entering upon the duties of his office, shall take and subscribe the oath prescribed by the constitution, which oath shall be filed in the office of the secretary of state. 8. Whenever the state engineer and surveyor, or either of the canal commissioners, shall suspect any fraud or misconduct on the part of any engineer or assistant, in relation to the public works, it shall be his duty to report the same to the canal board, who may employ so many and such agents and engineers as they deem proper, to aid them in the investigation of the matter, and draw on the commissioners of the canal fund for their compensation, and the expenses of such investigation. §9. Before any work is contracted upon any of the pubments, ex- lic works of this state, the quantity of embankment, excavamasonry, tion, masonry and all other structures, and the quantity and ascertained quality of all materials to be used in such work or structure, before con- shall be ascertained and determined with all practicable &c. to be tracts are made. Maps, plans accuracy, and the work shall be done according to the plans and specifications exhibited at the letting of the contracts, and no alterations shall be made therein, except by the consent and approval of the commissioner in charge of the division upon which such work is located, nor unless such alteration and approval be reduced to writing, and signed by the parties making the same. 10. Before the canal commissioners shall contract for any &e to be work that may hereafter be authorized by law, the maps, submitted. plans, profiles and estimates thereof, shall be submitted to the state engineer and surveyor, who shall report to said commissioners his opinion thereon. neer and 11. There be allowed and paid to the state engineer and Salary of surveyor, an annual salary of two thousand and five hundred state engidollars, to be paid out of the canal fund quarterly, to com- surveyor. mence on the first day of January, eighteen hundred and forty-eight, besides travel fees at the same rate as those allowed each of the canal commissioners, but such travel fees shall not exceed two hundred dollars in any one year. 12. So much of all laws and parts of laws as conflict Repeal. with the provisions of this act, or authorise the appointment or employment of any of the officers or persons whose appointment is hereinbefore provided for in any other manner,. than according to the provisions of this act, are hereby repealed. § 13. This act shall take effect immediately. CHAP. 73. AN ACT in relation to the grand jury list of Westchester county. Passed March 6, 1848. The People of the State of New-York, represented in Se nate and Assembly, do enact as follows: names § 1. The list of names of persons who serve as grand jurors List of in and for the county of Westchester, which was prepared at made valid. the last annual meeting of the board of supervisors of said county, and filed in the office of the clerk of said county, and which consists of the names of but two hundred and ninety-nine persons, shall be as valid and effectual as if the same consisted of the names of three hundred persons; and the acts of grand jurors drawn from such list shall be as valid and effectual as if the said list consisted of the names of three hundred persons. 2. This act shall take effect immediately. CHAP. 74. AN ACT amending an act entitled "An act incorporating the Saratoga and Washington Railroad Company." Passed March 7, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: roads may §1. The Saratoga and Washington railroad company, are Branch empowered to extend their road by branch or branches, not be made. exceeding two, to the west line of the state of Vermont; Arrangement with other railroads Freight ried, on such branch or branches to connect with the roads leading to Rutland or Brandon, or both in Vermont, by the most direct and feasible route. § 2. The said company are authorised to make an arrangement by lease or otherwise, with the owners of railroad any in Vermont, for the use of such road or for the running of engines and cars conjointly with such owners. 3. The Saratoga and Washington railroad company, are may becar authorised to carry freight over their road, paying to the paying toil state therefor such tolls as are required on the Champlain canal, for the transportation of goods, wares, merchandise and other property; the said tolls to be regulated and paid in the manner prescribed in the several acts authorising the railroad companies between Albany and Buffalo to convey freight. Capital stock may §4. The said Saratoga and Washington railroad company be increas- are empowered to increase their capital three hundred thoued. sand dollars, or so much thereof as may be necessary to enable them to form a junction with any railroad leading from some place in Vermont to the west line of that state, and to make the requisite preparations for freighting. Restriction § 5. The said railroad company shall not be permitted to construct a bridge over the harbor of Whitehall, or across the waters of Lake Champlain, or in any manner to obstruct the free navigation thereof, north of the falls of Wood creek in the village of Whitehall. Commis sioners how ap pointed. First appointment. § 6. This act shall take effect immediately. CHAP, 75. AN ACT to provide for the appointment of commissioners of deeds in the cities of this state. Passed March 7, 1848. The People of the State of New-York, represented in Se ̄ nate and Assembly, do enact as follows: § 1. Commissioners of deeds in the cities of this state shall be appointed by the common councils of said cities respectively, and all vacancies occuring during the term for which any commissioner shall be appointed, shall be filled in like manner. § 2. The first appointments made under this act, shall be made on or before the first day of April next. § 3. This act shall take effect immediately. |