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for three years, and until others shall be chosen in their plaThe five persons named in the first section of this act, shall be the first trustees, and shall hold their offices until the first Tuesday in January, eighteen hundred and fortyfour, and until others be chosen.

quire land.

§3. The said corporation may acquire, take and hold a May aclot or tract of land, not exceeding ten acres; which land, when acquired by said corporation and their grantees, shall be used exclusively as a cemetery or place for burial of the dead, and it shall be surveyed, and a suitable portion thereof shall be set off for a potter's field, as a place of interment for the stranger and the indigent, free of expense. The residue shall be subdivided into lots of a convenient size, and numbered; and a map of said survey shall be filed in the office of the clerk of the county of Chautauque. The trustees may then sell and convey such lots on such terms and at such prices as they shall agree on. The conveyances shall be made under the seal of the said corporation, and signed by the president and secretary thereof; but all moneys obtained by such sales, shall be applied by said trustees to the payment of the purchase money of the land acquired by said corporation, and to improving and embellishing the same as a cemetery.

4. An election shall be held on the first Tuesday of Jan- Election. uary, eighteen hundred and forty-four, and every first Tuesday in January in every third year thereafter, at such time and place in the said village of Westfield, as the trustees shall appoint. Notice of such election shall be given by posting a notice thereof in three public places in said village of Westfield, at least fourteen days previous to the time of holding the same. The election shall be by ballot, and every owner of a lot or lots shall have a vote for every lot he may own: and the five persons being lot owners, who shall have a majority of all the votes given, shall be declared duly elected trustees. The trustees shall have power to fill any vacancy which may occur during their term of office: and if it shall so happen that an election shall not be had on the day designated by this act, the corporation shall not for that cause be dissolved, but the election may be held on any other day, giving notice thereof as herein before directed.

from taxes,

§ 5. The said cemetery shall be, and hereby is, declared Exemption exempt from all public taxes, rates and assessments, and &c. shall not be liable on execution, but the proprietors and their heirs, devisees or assigns may forever hold the same, entirely and totally exempt therefrom, so long as the same shall remain dedicated to the purposes of a cemetery.

§ 6. The said corporation shall possess the general powers, and be subject to the liabilities and provisions contained

General

powers.

confirmed.

CHAP. 14.

AN ACT to confirm the official acts of Stephen H. Johnson a Master in Chancery.

Passed February 3, 1843.

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

Official acts § 1. The official acts of Stephen H. Johnson, a master in chancery for the county of Schenectady, and all proceedings which have been had by and before him as such master, shall be held and adjudged to be of the same force, effect and validity as if the said Stephen H. Johnson had executed and filed a bond with sureties, pursuant to and within the time required by the act entitled "An act requiring masters in chancery to give sureties," passed March 23, 1833.

On filing bond, to close up business.

Saving clause.

Corpora

§2. That on filing the bond required by the said act, the said master may proceed and close up all business which has been commenced by and before him, in the same manner and with the like effect as if the said act had not been passed.

§3. This act shall not affect any suit or legal proceedings which may have been had or commenced, in consequence of the illegality of any proceedings had by or before the said Stephen H. Johnson as such master in chancery, previous to its passage.

§ 4. This act shall take effect immediately.

CHAP. 15.

AN ACT to incorporate the Westfield Cemetery Association.
Passed February 14, 1843, by a two-third vote.

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

§ 1. George Hall, Augustin U. Baldwin, Hiram Tiffany, tion created James D. Carlisle, Hoel Beadle, and such other persons as may hereafter associate with them, are hereby constituted a body corporate, by the name of the "Westfield Cemetery Association," with power to take, hold and convey real and personal estate in the town of Westfield, county of Chautauque, to the use of the said corporation, to an amount not exceeding five thousand dollars.

Affairs how

to be ma

naged.

§ 2. The estate, stock, property and affairs of the said corporation shall be managed by trustees to be elected in the manner hereinafter directed, who shall hold their offices

ces.

for three years, and until others shall be chosen in their plaThe five persons named in the first section of this act, shall be the first trustees, and shall hold their offices until the first Tuesday in January, eighteen hundred and fortyfour, and until others be chosen.

quire land.

§3. The said corporation may acquire, take and hold a May aclot or tract of land, not exceeding ten acres; which land, when acquired by said corporation and their grantees, shall be used exclusively as a cemetery or place for burial of the dead, and it shall be surveyed, and a suitable portion thereof shall be set off for a potter's field, as a place of interment for the stranger and the indigent, free of expense. The residue shall be subdivided into lots of a convenient size, and numbered; and a map of said survey shall be filed in the office of the clerk of the county of Chautauque. The trustees may then sell and convey such lots on such terms and at such prices as they shall agree on. The conveyances shall be made under the seal of the said corporation, and signed by the president and secretary thereof; but all moneys obtained by such sales, shall be applied by said trustees to the payment of the purchase money of the land acquired by said corporation, and to improving and embellishing the same as a cemetery.

4. An election shall be held on the first Tuesday of Jan- Election. uary, eighteen hundred and forty-four, and every first Tuesday in January in every third year thereafter, at such time and place in the said village of Westfield, as the trustees shall appoint. Notice of such election shall be given by posting a notice thereof in three public places in said village of Westfield, at least fourteen days previous to the time of holding the same. The election shall be by ballot, and every owner of a lot or lots shall have a vote for every lot he may own: and the five persons being lot owners, who shall have a majority of all the votes given, shall be declared duly elected trustees. The trustees shall have power to fill any vacancy which may occur during their term of office: and if it shall so happen that an election shall not be had on the day designated by this act, the corporation shall not for that cause be dissolved, but the election may be held on any other day, giving notice thereof as hereinbefore directed.

from taxes,

§ 5. The said cemetery shall be, and hereby is, declared Exemption exempt from all public taxes, rates and assessments, and &c. shall not be liable on execution, but the proprietors and their heirs, devisees or assigns may forever hold the same, entirely and totally exempt therefrom, so long as the same shall remain dedicated to the purposes of cemetery.

§ 6. The said corporation shall possess the general pow- General ers, and be subject to the liabilities and provisions contained

powers.

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