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sums mentioned in such report, that would be coming to such proprietors respectively, into the said supreme court, to be secured, disposed of and improved as the said court shall direct; and such payment shall be equally valid and effectual as if made to the proprietors themselves, if they had been present, of full age and compos mentis.

XI. And be it further enacted, That all the monies which the said 25 mayor, aldermen and commonalty expend, or become bound to expend, in consequence of the provisions of this act, shall be estimated and assessed among all the owners or occupants of all houses and lots of ground intended to be benefitted thereby, in the manner directed in and by the 11th section of the act, entitled " An act for regulating the buildings, streets, wharves and slips in the city of New-York," passed the 3d day of April, 1801; which estimates and assessments shall be binding and conclusive, and be collected in the manner therein prescribed; and the said mayor, aldermen and commonalty may direct the sums, reported by the aforesaid commissioners to be due from the owner or owners of land benefitted as aforesaid, to be charged against them respectively in the said assessment: Provided however, That nothing herein contained shall authorize any further sum in addition to the sum mentioned in the said report to be assessed upon said owner or owners, except their due proportion of the expenses of removing any buildings and improvements upon the said streets, roads or public squares, and the costs and expenses incurred by the said mayor, aldermen and commonalty in prosecuting any suit or suits for the purposes aforesaid.

XII. And be it further enacted, That each of the said commis- 26 sioners shall be entitled to receive the sum of not more than four dollars, (besides all reasonable expenses for maps, field notes, monuments, chain bearers and assistants) for each day they shall respectively be actually employed in the duties hereby assigned to them, the same to be paid by the mayor, aldermen and commonalty of the city of New-York, and assessed as aforesaid; and that the powers 27 of the said commissioners shall cease when they shall have completed the maps aforesaid, with the field books and remarks aforesaid, and delivered, attested to, and filed the same respectively as aforesaid; and that in case of the death of one of the said commissioners, the survivors shall have power to proceed in the execution of this act, until a successor of the deceased shall be appointed.

XIII. And be it further enacted, That this act shall be consider- 28 ed, adjudged and taken to be a public act, and be liberally expounded and construed to advance the ends thereof.

XIV. And be it further enacted, That if any person shall be sued 29 for any thing done in pursuance of this act, it shall be lawful for such person to plead the general issue, and to give this act and the special matter of defence in evidence under such plea.

XV. And whereas for the purpose of duly regulating and con- 30 structing slips and basons, and for running out wharves and piers, it is essential that the right to the land under water, below low-water mark, should be vested in the corporation of the city of New-York.

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31 Be it therefore further enacted, That it shall and may be lawful for the commissioners of the land-office, and they are hereby directed to issue letters patent, granting to the mayor, aldermen and commonalty of the city of New-York, and their successors for ever, all the right and title of the people of this state, to the lands covered with water, along the easterly shore of the North or Hudson's river, contiguous to and adjoining the lands of the said mayor, aldermen and commonalty, within the said city of New-York, at and from lowwater mark, and running four hundred feet into the said river from Bestaver's killetje or river, to the distance of four miles to the north along the easterly shore of the said North or Hudson's river; and also all the land covered with water, along the westerly shore of the East-river or sound, contiguous to and adjoining the lands of the said mayor, aldermen and commonalty, at and from low-water mark, and extending four hundred feet into the said river or sound, from the north side of Corlear's hook, at the northerly boundary of the lands covered with water, whereof the said mayor, aldermen and commonalty are now seised, to the distance of two miles to the north, along the westerly shore of the said East-river or sound: 32 Provided always, That the proprietor or proprietors of the lands adjacent, shall have the pre-emptive right in all grants made by the corporation of the said city, of any lands under water granted to the said corporation by this act.

CHA P. CXVI.
CONTENTS.

1. Journeymen Shipwrights of New-York incorporated—2. Privileges-9. Powers. 13. Act declared public-14. How long to remain in force-15. With provisoes. 5. Election-3. Estate.

8. Members, what number a quorum.

10. ....

Refractory, may be expelled-11. Proviso-12. Deprived of any benefit from

4. Officers-7. First named-6. Vacancies, how filled.

[the funds.

AN ACT to incorporate the New-York Society of Journeymen Ship

wrights.

Passed April 3, 1807.

WHEREAS divena mersand style of the New-York society of

HEREAS divers persons have formed themselves into a so

journeymen shipwrights, in order to raise a fund for the support of such of the members of the said society, as may by means of sickness, lameness, age or other causes, become unable to labour, and by their petition presented to the legislature, prayed to be incorporated. Therefore,

1 I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all such persons as now are, or hereafter may become members of the said society, shall be and hereby are ordained, constituted and appointed a body politic and corporate, in fact and in name, by the name of "The New-York 2 Society of Journeymen Shipwrights;" and that by that name they and their successors shall and may, for the term of fifteen years, have continual succession; and shall be capable in law of suing and be

ing sued, pleading and being impleaded, defending and being defended, in all courts and places whatsoever, in all manner of action and actions, suits, matters, complaints and causes whatsoever; and that they and their successors may have and use a common seal, and may change and alter the same at their pleasure; and also, that they and their successors, by the name of the New-York society of journeymen shipwrights, shall be capable in law of purchasing, holding and conveying any real and personal estate, for the use of the said corporation: Provided, That such real and personal g estate shall not at any time exceed the annual value of two thousand dollars.

II. And be it further enacted, That for the better carrying into effect the objects of the said corporation, there shall be a president, vice-president, secretary, treasurer, and astanding committee of five persons elected by the said corporation, who shall hold their respective offices for one year from their election, or until others shall be elected in their room; and that such elections shall be held at such 5 times and places as the said corporation shall by their bye-laws from time to time direct; and that all the said officers shall be elected by ballot, by a majority of the members present at such election; and that in case any vacancy or vacancies shall happen in either of 6 the said offices, by death, resignation or otherwise, such vacancy or vacancies shall and may be filled up for the remainder of the year, in which the same shall happen, by a special election for that purpose, to be held in the same manner as the said annual elections and at such places and times as shall be appointed by the bye-laws of the said corporation.

III. And be it further enacted, That William C. Hall, shall be the first president, John Harvey, the first vice-president, Jacob Leonard, the first secretary, William Guthra, the first treasurer, and Thomas Parsels, James Jones, Daniel Baker, Thomas Louttit and James Duvall, the first standing committee, who shall hold their offices respectively for one year, or until others shall be elected in their room.

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IV. And be it further enacted, That at all elections and all meet- & ings of the said corporation to be held by virtue of this act, thirteen members thereof, including the president, or in his absence the vice-president, or in his absence one of the standing committee, shall be a quorum of the said corporation, and shall have full power to do and transact all the business thereof.

V. And be it further enacted, That whenever and as often as a 9 quorum of the said corporation shall be convened, a majority of the members present shall have full power to make, constitute, ordain and establish such bye-laws, ordinances and regulations, and to alter, amend and abrogate the same, as they from time to time shall judge proper; for appointing the times and places of meeting, and of electing officers, for the admission of new members of the said corporation, and fixing the terms, conditions and manner of such admission, the amount of the sums which each member shall contribute to the funds of the said corporation, and the time and manner of paying the same; for the management, disposition and appli

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cation of the property, estate, effects and funds of the said corporation, for the purpose of carrying into effect the objects thereof; for directing the manner of conducting the proceedings of such meetings and touching the duties and conduct of the officers of the said corporation; for imposing fines, penalties and forfeitures, for breaking or violating any such bye-laws, rules, ordinances or regulations; and also, for conducting and regulating such other matters and things as appertain to the business, ends and purposes for which the said corporation is by this act constituted, and for no other purpose whatsoever Provided always, That such bye-laws, rules, ordinances and regulations, and the penalties imposed for the violation of any of them, be not repugnant to the constitution and laws of this state or of the United States: And provided further, That the penalty to be inflicted for any offence, shall not exceed five dollars.

VI. And be it further enacted, That whenever any member of the said corporation shall violate and break any of the bye-laws, rules, ordinances and regulations so made as aforesaid, or shall become liable to any penalty imposed by any such bye-laws, rules, ordinances or regulations, and shall neglect or refuse to pay the same, it shall and may be lawful in every such case for the said corporation to expel such member from the said corporation, or to 11 prosecute at law for the recovery of the said penalty: Provided always, That no member shall be expelled, otherwise than by the votes of two-thirds of all the members present at one of the stated meetings of the said corporation, and when a majority of all the members shall attend: Provided further, That no member shall be liable to the payment of such penalty after expulsion, or to expulsion after such payment.

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VII. And be it further enacted, That every member, expelled from the said corporation, shall for ever thereafter be deprived from having or receiving any benefit or advantage whatsoever from the funds, property, estate or effects of the said corporation; and that all payments made by such member to the funds of the said corporation shall be forfeited to the same.

VIII. And be it further enacted, That this act be and hereby is declared to be a public act; and that the same be construed in all courts and places benignly and favourably for every beneficial purpose therein intended.

IX. And be it further enacted, That this act shall be and remain 15 in full force and virtue for the term of fifteen years: Provided nevertheless, That in case this corporation shall at any time divert from or appropriate its funds, or any part of its funds, to any purpose or purposes, other than those intended or contemplated by this act, or shall at any time pass any law or regulation respecting the rate of wages, or relative to the business which the members thereof do follow, and shall be thereof convicted by due course of law, that thenceforth the said corporation shall cease and determine, and the estate, real and personal, whereof it may then be seised and possessed, shall vest in the people of this state: And provided further, That nothing herein contained shall be construed to prevent the legislature of this state, at any time in their discretion within the period above limited, from repealing this act.

СНА Р. CXVII.

CONTENTS.

3. Indians in Brothertown, not to cut timber on their common lands without a permit. 5. .... Forfeit their lands for non-improvement—6. Who ineligible to office.

8. Land to be granted to Cornelius Dockstader.

2. Rents of lands of dec'd. Indians, to be applied to support of their widows & children. 4. Schoolmaster in Brothertown, his duty respecting breaches of the bye-laws. 7. Seneca Indians, no action on bond, &c. to be brought against them, under a penalty. 1. Superintendents of Brothertown Indians, may lease lands of deceased Indians. 9. .... May, with permission of the governor, &c. sell or lease lands on the turnpike to accommodate taverns-10. With proviso-11. Monies arising from, how applied.

AN ACT to amend an Act, entitled "An Act to amend an Act, entitled "An Act relative to Indians."

1.

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Passed April 3, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the superintendents of the affairs of the Brothertown Indians, be and they are hereby empowered to lease the lands assigned or belonging to any particular Indian in Brothertown aforesaid, who has died or may die, leaving a widow and infant children, or leaving a widow only, or infant children, to such person as they shall judge proper, who shall covenant to keep such land in good fence and repair for such term of time as they shall deem necessary for the support of such widow and children, or for such widow only, or for such infant children, as the case may be, not exceeding the term of fourteen years, at such rent to be paid in the produce of such land as they shall judge reasonable, to be applied to the maintenance of such widow and chil- 2 dren as aforesaid, and the said superintendents shall appoint proper persons to have the care and charge of such children.

II. And be it further enacted, That no Indian, after the passing 3 of this act, shall cut down or remove any timber or wood for any purpose whatever, on or from the lands in Brothertown, lying in common, and not assigned to any particular Indian, unless a permit in writing be first obtained, signed by two of the said superintendents, and specifying the quality and kind of such timber or wood, to be cut or removed, which permission shall be recorded by the town clerk, in a book to be kept by him for that purpose.

III. And be it further enacted, That it shall be the duty of the schoolmaster in Brothertown, for the time being, or such person as the said superintendents, shall appoint for the purpose, from time to time to give notice to the said superintendents of the breaches of all laws enjoined on the said Indians, and also, all orders and regulations to be made by the superintendents, which notice shall be in writing, and delivered to two of the superintendents.

IV. And be it further enacted, That if any Indian, to whom any lands hath been or may be assigned, shall neglect to improve the same by clearing and putting in good fence, four acres of the same within four years after such assignment, and within two years thereafter build a good log or framed house thereon, such Indian shall be deemed to have forfeited all right to such land.

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V. And be it further enacted, That from and after the first Tuesday of April next, no Indian shall be eligible to perform any office

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