To be a court of record.

Fees.

Duty of constable.

Court to he

justices, and signed by the said clerk, and shall be issued under the seal of the said court; and that the said clerk shall have power to administer the oaths required by law on issuing of a warrant or execution.

50. And be it further enacted, That said court shall have a seal to be devised by the justices thereof; and that the said court shall be a court of record; and the forms of proceedings now in use in suits brought before single justices of the peace, shall be adopted and used in the said court as near as may be, except that the proper title of the said court shall be inserted therein; and that proceedings in the said court shall be had before the same, in the same manner as they are now had before said single justices of the peace, except where they are otherwise provided for by this act.

51. And be it further enacted, That in all recoveries to be had in said court, in any suit or action pending therein, if the plaintiff in such action shall not recover a sum exceeding fifty dollars, no more fees shall be received by the said court, than are now allowed in similar cases, before the assistant justices' courts in the city of New-York, but in all such cases the same fees now authorised to be received by the said assistant justices, shall and may be received by the said municipal court; and in all recoveries to be had in the said court in any action pending therein, if the plaintiff in such action shall recover a sum exceeding fifty dollars, the like fees may be demanded as are now by law allowed in the marine court of the city of New-York; and if the plaintiff in any such action shall become nonsuited or judgment be rendered against him therein, on a trial of the said cause, if the said plaintiff shall not originally have demanded a greater sum than fifty dollars, the like fees only as are now demanded and received, in the said assistant justices' courts, in similar cases, shall be taken and received by the said municipal court; but if the plaintiff in any such action, so becoming non-suited, or having a judgment rendered against him as aforesaid, shall have originally demanded a sum exceeding fifty dollars the same fees shall be allowed as are now taken and received by the said marine court of the city of New-York.

52. And be it further enacted, That when any defendant shall be taken on any warrant to be issued out of said court, and the court shall not then be sitting, it shall be the duty of the constable or other officer having such warrant, to take security for the appearance of the defendant at the next court day, in like manner as is done in like cases on process issuing out of the courts of the assistant justices in the city of New-York; and that the said constable or officer shall be entitled, for all services performed by virtue of this act, to the same fees as are given and allowed for similar services under the act constituting courts of assistant justices in the city of New-York, or in the marine court of the said city, as the case may be.

53. And be it further enacted, That the said court shall be open daily opened daily at reasonable hours, execept Sunday, days of election of general and village officers, the fourth day of July, the twenty-fifth day of December and the first of January, in every year. 54. And be it further enacted, That no judgment shall be given nor any rule or order made in any cause in the said court to be held Defore the said justices, nor any conviction had upon any statute or

Judgment how to be given.

law, unless two of the same justices hereby authorised to hold such court shall be present, and if only one of them shall attend on any court day, he shall adjourn the said court until the next day: Provided however, That it shall be lawful for any one of the said justices to receive the confession of the defendant, of the action of the plaintiff, and of the debt or damages, or sum of money due to the plaintiff, and to give judgment and issue execution thereon; and also that in all cases where any cause shall be tried by a jury, it shall and may be lawful for one of the said justices to preside at the trial of the same, to receive the verdict of the jury, and to give judgment and issue execution thereupon, in like manner as if two of the said justices were present.

55. And be it further enacted, That no more than one jury Jury. shall be summoned to attend the same court, to be held before the said justices on any one day; and if there shall be more than one cause to be tried on that day, the same jurors shall be returned in each: Provided, That in cases where the sum demanded shall exceed fifty dollars, either party shall be permitted to have the cause tried by the same number of jurors as are now allowed by law; and every person, being an inhabitant of the village of Brooklyn, qualified to serve as a juror in the court of common pleas for the county of Kings, shall be deemed as duly qualified to serve as a juror upon trials in the said court.

certain cases

56. And be it further enacted, That in all cases where the amount of Security may the judgment which shall be rendered in the said court shall exceed be taken in the sum of fifty dollars, and the person or persons against whom the same shall be given shall give sufficient security to the satisfaction of the said court for the payment of the amount of such judgment, at the end of sixty days after the rendition of the same, that then no execution shall issue thereupon until the expiration of the said sixty days.

three months

clerk.

57. And be it further enacted, That the clerk of the said Clerk to accourt, shall once in every three months, render on oath to the board count every of trustees of the said village, a true and faithful account of all the fees received by him during the said three months, and pay the same over to the treasurer of the said board, for the use of the said village. 58. And be it further enacted, That the said justices of the Salary of the said court, and the said clerk shall respectively receive for their ser- justices' vices, such annual sum as the said board of trustees shall allow; to be paid quarterly by the said treasurer by order of the said board. 59. And be it further enacted, That it shall and may be lawful for Marshals. the board of trustees of the said village of Brooklyn, from time to time to appoint such and so many persons, not exceeding five in number, as they may think necessary, to be marshals of the said village; who shall and they hereby are invested with the power and authority of constables of the town of Brooklyn; and it shall be the duty of the said marshals to execute all process issuing from the said municipal court, and to attend the same: Provided, That nothing herein contained shall prevent the constables of the said town of Brooklyn from attending the said court, and executing the process thereof: and the said marshals shall hold their office during the pleasure of the said board; and, before entering on the duties of the same, shall give the same security as is required of the constables of the town of Brooklyn.

Court of com.

60. And be it further enacted, That nothing herein contained mon pleas. shall be construed to limit or restrain the jurisdiction of the court of common pleas for the county of Kings; but the said court of common pleas shall and may continue to exercise the same in like manner as if this act had never been passed.

Cession confirmed.

Acts repeal. ed.

61. And be it further enacted, That appeals may be brought and prosecuted from any judgment of the said municipal court, in the same manner as they are now brought and prosecuted from the judgment of any justice of the peace in this state; except that an appeal shall lie in such cases only where the recovery in any such action, or the sum originally demanded, shall not exceed the amount of fifty dollars, exclusive of costs; but in all other cases where any party shall appeal from the judgment of the said court, such appeal shall be by certiorari, in like manner as is now allowed in the marine court in the city of New-York.

And whereas the trustees of the village of Brooklyn, and the Brooklyn, Jamaica and Flatbush turnpike company, have, by their mutual petition presented to the legislature, prayed their aid in relation to a part of said turnpike road running through the village of Brooklyn: Therefore,

62. Be it further enacted, That the said turnpike company's road shall commence at a point in the said road at the line of the village of Brooklyn, that is to say, where said road is intersected by the Redhook-lane or road; that the said road or roads from such point, to where the same terminate at the East river at the old and new ferries at Brooklyn, shall and may be and hereby are declared to be abandoned by the said company, and henceforth the said company shall be and hereby are for ever discharged from all responsibility and expense in and about the said parts of said road or roads so abandoned: Provided however, That such abandonment, or any thing in this act contained, or in the agreement herein after mentioned shall not affect the right of said company to ask, demand, collect and receive their full tolls, and they are hereby authorsed to receive their full tolis on said road, and to continue their toll-gates on said road, as they are at present located, in all respects to every intent, as if this law had never been passed, and as if the said road continued to be of its present existing extent and length.

63. And be it further enacted, That any agreement made and entered into by the board of trustees of said village, for and on behalf of the freeholders and inhabitants of said village, to agree to receive a cession of the aforesaid parts of the roads abandoned, or in relation to the premises, between the said company and trustees, shall be valid and binding to every intent and purpose; and that the said parts of the road from the passage of this act, shall be considered a public highway of said village, to be kept up, maintained, repaired and supported by said village, in the same manner as the other streets of the said village are respectively, now by law, kept up, maintained, repaired and supported.

64. And be it further enacted, That the act "to incorporate and vest certain powers in the freeholders and inhabitants of the village of Brooklyn, in the county of Kings," passed April 12th, 1816, and the several acts in amendment of the same, and all other acts and parts of acts of the legislature of this state, inconsis

tent with the provisions of this act, be and the same are hereby repealed, so far as they relate to the said village of Brooklyn.

65. And be it further enacted, That this act shall be a public Public act. act, and be construed in all courts and places favourably to every beneficial purpose therein intended.

corporation

66. And be it further enacted, That nothing contained in this Rights of the act shall in any manner operate to interfere with, abridge or destroy of Newthe rights, privileges or immunities of the mayor, aldermen and com- York. monalty of the city of New-York.

67. And be it further enacted, That the legislature may, at any time hereafter, alter, modify, or repeal this act.

CHAP. 156.

AN ACT to authorise the Supervisors of the County of Yates to raise money by tax for the payment of a certain claim against said County.

Passed April 4, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be the duty of the board of supervisors of the county of Yates, at their next annual meeting,to audit an account which George Shearman and Samuel Stewart now claim as justly due to them from said county, for money by them expended on the basement story of the court-house and gaol of said county and it shall be the further duty of said board of supervisors to cause to be assessed, levied and collected, in the same manner as other contingent charges of said county, such sum as they or a majority of them shall adjudge and determine to be justly due to the said George Shearman and Samuel Stewart, upon the account aforesaid, to the use of the said George Shearman and Samuel Stewart, not to exceed the sum of two hundred and twenty dollars, with such further sum for interest as shall be just and equitable.

CHAP. 157.

AN ACT for the relief of Samuel Corlis.

Passed April 4, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Samuel Corlis shall be authorised to proceed and collect any taxes that may he due and unpaid to him, as collector of the town of Holland, in the county of Erie, notwithstanding the said Samuel Corlis or his sureties may have paid the treasurer of the county of Erie the amount of such taxes; and in collecting the same, the said Samuel Corlis shall be authorized to proceed in the same manner and under the like conditions and responsibilities, as he might have done within the time prescribed by law.

Boundaries.

Name,

CHAP. 158.

AN ACT to incorporate the Village of Owego, in the County of

Tioga.

Passed April 4, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the town of Owego, in the county of Tioga, now included within the gaol limits of the eastern jury district of said county, or as the said gaol limits shall be established by the court of common pleas of said county at the next May term of the said court, and not to exceed three hundred acres of land, shall be called, known and distinguished by the name of "the village of Owego;" and the freeholders and inhabitants residing within the same, qualified to vote at town meetings, may meet on the first Monday in June next, at the court-house in said village, a notice whereof shall be made in writing, signed by a justice of the peace, residing in the said town, and posted up in three of the most public places in the said village, for at least ten days before the said first Monday in June; and then and there proceed to elect five discreet freholders, residents within the said village, to be trustees thereof; who when chosen, shall possess the several powers and rights herein after specified; and such justice or justices shall preside at such election, and declare the persons having the greatest number of votes, duly elected as trustees; and on every first Monday in June in each and every year, after the first election of trustees as aforesaid, there shall in like manner be a new election of trustees for said village; and the trustees for the time being shall perform the duties required from the said justice or justices in respect to notifying meetings and presiding at such elections.

Powers and 2. And be it further enacted, That all the freeholders and inprivileges. habitants residing in said village limits be and they are hereby con

stituted, ordained and declared to be from time to time and for ever hereafter a body politic and corporate, in name and in fact, by the name and style of the trustees of the village of Owego; and by that name they and their successors for ever shall and may have perpetual succession, and be persons in law, capable of suing and being sued, and of defending and being defended, in all courts and places. whatsoever, and in all manner of actions, causes and complaints whatsoever; and that they and their successors may have a common seal, and may change and alter the same at pleasure; and shall be in law, capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said village, and for erecting any buildings, aqueducts, and digging any reservoirs for water, for the use of said village, and for keeping in repair such buildings, aqueducts, drains and reservoirs, and for purchasing and keeping in repair fire-engines, ladders, buckets and other implements for extinguishing fire, for improving the streets and for making any necessary regulations for preventing and extinguishing fires, preventing and removing nuisances and for raising a sum by tax for the aforesaid purposes, not exceeding five hundred dollars in any one year: Provided nevertheless, That no moneys shall be raised, levied or