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Super

visors to levy sum sufficient to pay bonds.

Acts pur

chasing

town

legalized.

dollars, payable on the fifteenth day of February following, with interest at seven per cent., and shall appropriate the moneys arising from the sale of said bonds for that purpose, which bonds shall not be sold at less than their par value.

§ 5. The supervisors of the county of Seneca, at their annual meeting in the month of November next, shall levy upon the property, both real and personal, in the town of Lodi, to be collected in the same manner as other town taxes are levied and collected, a sum sufficient to pay the principal and interest accruing on the bonds authorized to be issued by the fourth section of this act, if the same shall be issued, to be paid over by the collector of taxes in said town to the supervisor, then to be by him faithfully applied to the payment of said bonds, and the interest on the same when due, and the said supervisor shall immediately upon such payment cancel the said bonds and file the same so canceled in the office of the town clerk of said town. § 6. This act shall take effect immediately.

Chap. 89.

AN ACT to legalize the acts of Stafford Wade, Leverett Spring and Aaron A. Spencer, commissioners of the town of Arcade, in purchasing certain bonds and .coupons of said town with moneys arising from the sale of certain railroad stock belonging to said town, and to authorize said commissioners to cancel the

same.

Passed March 7, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The acts of Stafford Wade, Leverett bonds of Spring and Aaron A. Spencer, commissioners of the town of Arcade, appointed under chapter nine hundred and seven, Laws of eighteen hundred and sixty-nine, in purchasing the bonds of said town to the amount of twenty-eight thousand dollars, and paying therefor with

moneys in their hands arising from the sale of certain railroad stock belonging to said town, is hereby in all things legalized and confirmed.

be des

§2. The said commissioners are hereby authorized, Bonds to in the presence of a majority of the board of town troyed., auditors of said town of Arcade, duly convened for that purpose, to cancel and destroy said bonds, together with any coupons in the hands of said commissioners belonging to said town.

town

3. It shall be the duty of the town clerk of said Duty of town, within three days after notice shall be served clerk. upon him by any one of said commissioners, to call a meeting of the board of town auditors of said town, and to give notice of the time and place of such meeting to each of said commissioners.

clerk to

tificate of

4. It shall be lawful for said commissioners, at the time and place thus designated, and in the presence of a majority of said board, to cancel and destroy said bonds and coupons. The town clerk of said town is Town hereby required to make a certificate which shall state make certhe number, date and amount of the bonds and coupons bonds thus canceled and destroyed, and file and enter the canceled. same in the office of the clerk of said town, and the filing and entering of such certificate shall discharge the said commissioners from any and all liability by reason of the purchase of said bonds with the money aforesaid. 5. This act shall take effect immediately.

Chap. 90.

AN ACT to release the interest of the people of the State of New York in and to certain lands in Oneida county, to George A. Reynolds.

Passed March 7, 1872; by a two-third vote.

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

of State

SECTION 1. All the claim, right, title and interest of Interest the people of the State of New York, acquired by released escheat upon the death of Henry Kershaw, late of the in certain town of Paris, Oneida county, deceased, of, in and to

lands.

Not to affect vested

rights.

Word

"white" stricken out of Military Code.

the premises, lands and tenements, consisting of fiftytwo and one-half acres of land, or thereabouts, situated in the town of Paris, in the county of Oneida and State of New York, and which said premises were sold and conveyed by Hugh Kershaw, sole surviving next of kin and devisee of said Henry Kershaw, deceased, to George A. Reynolds, by deed of indenture bearing date the sixth day of October, A. D. eighteen, hundred and seventy-one, and recorded in the Oneida county clerk's office the seventh day of October, A. D. eighteen hundred and seventy-one, in book number three hundred and sixteen of deeds, at page three hundred and sixtynine, to which said deed for a full and particular description of said premises reference is hereby made, is hereby released unto the said George A. Reynolds.

§ 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any heir-in-law, or creditor, by mortgage, judgment or otherwise, in said real estate.

§ 3. This act shall take effect immediately.

Chap. 91.

AN ACT supplementary to and amendatory of chapter eighty, of the Laws of eighteen hundred and seventy, entitled "An act to provide for the enrollment of the militia, for the organization of the National Guard of the State of New York, and for the public defense, and entitled the Military Code."

Passed March 7, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act to provide for the enrollment of the militia, for the organization of the national guard of the State of New York, and for the public defense, and entitled the Military Code," passed March seventeen, eighteen hundred and seventy, is hereby amended by striking out the word "white" in the first line of the aforesaid first section. § 2. This act shall take effect immediately.

Chap. 92.

AN ACT to amend an act entitled "An act to amend an act passed March twenty-three, eighteen hundred and fifty, entitled 'An act for the protection of purchasers of real estate upon sales by order of surrogates,"" passed April twenty, eighteen hundred and sixty-nine.

Passed March 7, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of an act entitled "An act to amend an act passed March twenty-three, eighteen hundred and fifty, entitled 'An act for the protection of purchasers of real estate upon sales by order of surrogates," passed April twenty, eighteen hundred and sixty-nine, is hereby amended so as to read as follows:

1. Section three of the act entitled "An act for the protection of purchasers of real estate upon sales by order of surrogates," passed March twenty-three, eighteen hundred and fifty, is hereby amended so as to read as follows:

real estate

gate not

to

be im

peached

for irregn

larity.

§ 3. Nor shall any such sale be invalidated nor in any Sales of wise impeached, by reason that any such petition was by order or shall be presented by less than the whole number of of surroexecutors or of administrators; nor by reason that, after the filing of any such petition, any bond required by law has been, or shall be, given by less than the whole number of the executors or administrators petitioning; nor by reason that any further proceeding, notice, sale, deed, or return has been, or shall be had or made, by less than the whole number of executors or administrators petitioning; nor by reason of any omission to serve upon any minor, heir, or devisee, personally, or by publication, a copy of the order to show cause required by the fifth section of the fourth title of chapter six, part second, of the Revised Statutes; provided such order shall have been duly served on the general guardian of the minor, or the guardian appointed in such proceeding; nor by reason of any irregularity in any

Not to affect suits and proceed. ings already

commenced.

Additional

matter or proceeding after the presenting of any petition and the giving notice of the order to show cause why the authority or direction applied for should not be granted, and before the order confirming such sale; nor after a lapse of five years from the time of such sale, where the notice of such sale has been published for six weeks successively before the day of such sale, although such publication may not have been for the full period of forty-two days; and in all cases where the records of the office of the surrogate, before whom such proceedings were taken, have been removed from the house, office, or other building in which such proceedings were taken, to another house, office or other building, after such proceedings were taken, and the full period of twenty-five years has elapsed since said sale, it shall be presumed that guardians have been duly appointed for all minor devisees of the real estate sought to be sold in such proceeding, such presumption to be rebutted only by record evidence in such office showing affirmatively that such guardian or guardians were not appointed; provided, that nothing in this act contained shall be construed to affect in any manner any suit or proceeding already commenced for the recovery of any lands or the proceeds thereof, sold under or by virtue of any order of any surrogate's court.

§ 2. This act, shall take effect immediately.

Chap. 93.

AN ACT to confer additional powers upon the New York Steam Cable Towing Company, a corporation organized pursuant to the requirements of chapter five hundred and seventy-six, of the Laws of eighteen hundred and seventy, and to authorize said company to issue the preferred stock and bonds thereof.

Passed March 8, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In addition to the powers and privileges conferred upon Addison M. Farwell, his associates and

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