proper, not exceeding two dollars for any one offence, to be recovered by the said trustees for the use of the said freeholders and inhabitants, by action of debt, before any justice of the peace residing in the said county. 8 IV. And be it further enacted, That the said trustees hereby to 7 be appointed, and their successors, shall and may from time to time constitute and appoint one fit person to be a common clerk for the said freeholders and inhabitants, whose duty it shall be to record all rules, orders and regulations made by the said freeholders and inhabitants, at their meetings as aforesaid, in a proper book to be by him provided for that purpose; and also, to do and perform all such matters and things as the said trustees, or a majority of them, shall lawfully from time to time by writing under their hands direct and appoint. 9 V. And be it further enacted, That it shall and may be lawful to and for the said trustees, or a majority of them; and they are hereby required with all convenient speed to elect, nominate and appoint a sufficient number of men, willing to accept, not exceeding fifteen in number, out of the inhabitants, residing within the limits of said village as aforesaid, to have the care, management, working and use of the fire-engine or engines belonging, or which may belong to the said freeholders and inhabitants; and also, the tools and implements for extinguishing fires; and the said trustees or the 10 major part of them are hereby authorized and empowered to remove or displace all or any of the firemen so as aforesaid to be elected, nominated and appointed, when and as often as they shall think fit, and others in their stead to elect, nominate and appoint;, and also, to make, establish and ordain such rules, orders and regulations for the government, conduct, duty and behaviour of such firemen, as to them shall appear necessary and proper; and that the t firemen so appointed, shall and may be exempt from serving as juFors, except in justices courts. VI. And be it further enacted, That it shall and may be lawful 12 for the said owners of houses and lands, at their annual meeting for electing trustees, by a majority of voices to determine what sum in the aggregate shall be raised, levied and collected from the said owners of houses and lands and freeholders and inhabitants, resident within the said limits, to purchase a fire-engine with necessary tools and implements for extinguishing fires; and thereupon the 13 said trustees shall apportion the sum to be raised amongst the owners of houses, of lands, and freeholders and inhabitants, in proportion to the advantages which they shall deem to result to each from any such purchase; and shall, by their warrant, appoint and authorize some proper person or persons to levy and collect such sum or sums so apportioned, who shall proceed in like manner in making such collections as collectors of the contingent expenses of the county are by law directed to proceed in, and shall be in like manner accountable to the said trustees as the collectors aforesaid are by law made accountable to the treasurers of the respective counties: Provided always, That such sum or sums shall not in any one 14 year exceed the sum of three hundred dollars: And provided fur- 15 16 37 ther, That if any person shall conceive him or herself aggrieved by any such apportionment as aforesaid, it shall be lawful for such person to appeal from the determination of such trustees to any three justices of the peace residing in the town of Otsego, giving notice to the said trustees, or a majority of them, of such appeal, and of the time and place for determining thereon by such justices, who shall hear the same, and do therein what to justice shall appertain. VII. And be it further enacted, That Elihu Phinney, John Russell, Farrand Stranahan, Lawrence M'Name, and Elijah H. Met calf, and such other persons as may become interested in the association or company, formed for supplying the aforesaid village of Otsego with good and wholesome water, by means of conduits, aqueducts or otherwise, shall be and hereby are created a body pol. itic and corporate, in fact and in name, by the name of "The aqueduct association in the village of Otsego;" and by that name shall be capable in law to sue and be sued, plead and be impleaded, in any court of record or otherwise, but shall not be capable of holding any real estate, except such as may be necessary for such conduits or aqueducts for supplying the said village of Otsego with wa ter as aforesaid, or any real or personal estate exceeding the sum of one thousand dollars, exclusive of the profits or income of such aqueducts. VIII. And be it further enacted, That the said aqueduct association, in the village of Otsego, shall have, hold, enjoy, be vested with and entitled to the like rights, remedies, penalties, privileges, powers and immunities, and be subject to the same duties, penalties, restraints, regulations, conditions and limitations in every respect where it may effect the said association, as are contained in an act, entitled "An act to incorporate an aqueduct association in the village of Little-Falls, in the county of Herkimer," passed the 14th day of March, 1806, the same as if every clause in the said act were herein particularly repeated and specially applied to the said aqueduct association in the village of Otsego. CHA P. CXXII. AN ACT to authorize the Supervisors of the County of Cayuga to raise Money by Tax for the Erection of a Fire-proof Clerk's Office. Passed April 3, 1807. BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be the duty of the su pervisors of the said county of Cayuga, to levy and raise by tax on the freeholders and inhabitants of the said county, a sum not exceeding eight hundred dollars, and to apply the same money, so to be raised, in building a fire-proof clerk's office at or near the courthouse, when the same is erected, under the direction of the said supervisors, by three superintendents, to be by the said supervisors appointed for that purpose; and the said superintendents shall account annually to the supervisors of the said county for all disbursements and expenditures arising to them in building of the said fire-proof office, and the supervisors aforesaid shall audit the same, and cause the accounts, so audited, to be paid out of the monies aforesaid. 1. Aliens, named in this act, allowed to hold real property-2. With proviso. 3. Title of any citizen to lands, not to be impeached by reason of alienism. 1 AN ACT to enable certain Persons therein named, to purchase and hold real Estate. Passed April 4, 1807. E it enacted by the People of the State of New-York, repre Bented in Senate and Assembly, That John Augustus Mills, 1 William Holland, Christopher Aspell, Jacob Levy, junior, Isaac Gabay, Adelaide La Plume, Noel La Plume, Geneveré La Plume, Maria Catherine La Plume, William Scoon, Rembt Folkerus Muller, Thomas Priestman, John Kellet, Alexander Robertson, junior, Donald Robertson, Alexander Robertson, Alexander Ferguson, Charles M'Ewan, John M'Ewan, Hugh M'Ewan, John M'Ewen, Richard James, William Seaton, Amyus Thomas, Richard Despard, John Gill, George Gill, Matthew Gill, Williams Gill, Robert Gill, John Gill, junior, James Campbell, Cornelius Dockstader, Peter Dockstader, Dolly Dana, Sally Dana, Abraham Dana, John Dana and Richard Aspell, shall be and hereby are enabled to take real property in this state, either by descent or purchase, and to hold or dispose of the same, in like manner as natural born citizens ! Provided always, That nothing herein contained, shall be construed 2 to confer on them any other rights appertaining to natural born citizens except those of taking, holding and disposing of real property within this state. II. And be it further enacted, That the title of any citizen or citizens of this state, to any land or lands within this state, heretofore conveyed to such citizen or citizens and now in the actual possession of such citizen, shall not be questioned or impeached by reason of the alienism of any person or persons from or through whom such title may have been derived. 1. BE in enacted by the dosembly, Passed April 4, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That Philip Ten Eyck, late one of the managers of the lotteries appointed by the act, entitled "An act for the encouragement of literature," shall be and hereby is discharged from all demands against him in favour of the people of this state, upon his exhibiting a true and perfect inventory of all his estate, real and personal, (except his household furniture to the value 3 of two hundred dollars, and the wearing apparel of himself and his wife) and of the books, vouchers and securities relating to such estate, upon oath, to the chief justice of the supreme court of judicature, and executing a conveyance and assignment of such estate unto the people of this state. II. And be it further enacted, That such inventory, and the oath verifying the same, shall be filed in the office of the clerk of the supreme court, in the city of Albany, and the property specified in the said inventory shall be delivered to the treasurer of this state; and that if the said Philip Ten Eyck shall fraudulently conceal any part of his estate, required to be specified in the said inventory, the discharge hereby given shall be void. CHA P. CXXV. AN ACT to amend an Act, entitled "An Act to incorporate the Trustees of the first Protestant Episcopal Charity School, in the City of New-York." BE Passed April 4, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the trustees, mentioned in the said act, to bind out, as apprentices, all such scholars who shall arrive to the age of fourteen years, where the father or other person, who shall have legal authority to bind them as apprentices, shall have previously signified in writing a consent to their admission into the said school, under the management of the said trustees, in like manner as the said trustees are authorized to bind out apprentices who have been boarded, lodged, clothed and educated at the said school. CHA P. CXXVI. AN ACT to prevent Obstructions in the Navigation of the south End of Lake-Champlain. W by re Passed April 4, 1807. THEREAS it has been represented to the legislature, that, reason of the throwing of slabs and other lumber into the water from the saw-mill erected on the falls over which Woodcreek empties itself into Lake-Champlain, at Whitehall landing, the channel of the lake is, in some parts, so filed up already as considerably to impede the passage of vessels to and from that important landing, and that if a stop is not speedily put to that practice, it is seriously to be apprehended that the navigation of that channel will be entirely obstructed during the seasons of low water. Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of May next, no person shall throw, from the said saw-mill or from any part of the said landing, into the water, except for the purpose of rafting the same, any slabs or other lumber, under the penalty of two dollars for each and every such offence, to be recovered with costs of suit by the overseers of the poor of the town of Whitehall, in any court having cognizance of the same, to be applied towards the support of the poor of the said town. 4. Gate at the junction of the two roads, directors of the companies may agree to fix5. At what distance, from other gate-6. Toll rec'd. at, for joint benefit. 9. .... 10. 11. .... If ordered open for one road out of repair, toll may be taken for the other. Penalties incurred by the toll-gatherer at, how borne-12. Incurred by attempts to avoid payment of toll, how prosecuted-13. Penalty for avoiding. 1. Road may be extended to the Coxsackie Turnpike. 7. Toll, who exempt from paying-8. When not to be demanded at certain gates. AN ACT supplementary to an Act, entitled "An Act to establish a Turnpike Corporation, to improve the Road from Rensselaerville to Greenfield," and for other Purposes therein mentioned. "B Passed April 4, 1807. E it enacted by the People of the State of New-York, represent- ↓ ed in Senate and Assembly, That it shall be lawful for the said president, directors and company to extend the said road from the eastern extreme thereof, until it intersects the Coxsackie turnpike road, at the most suitable and convenient place. II. And be it further enacted, That it shall be lawful for the said 2 president, directors and company to cause to be laid out, made and constructed, a turnpike road from the eastern extreme of the said Greenfield turnpike road; and the same shall be annexed to and become part of the said Greenfield turnpike road; and shall be designated, marked out, surveyed, constructed and inspected agreeable to an act, entitled "An act to establish a turnpike corporation, to improve the road from Rensselaerville to Greenfield," and shall be invested with the like powers, privileges, provisions and authorities, and subject to the like restrictions, limitations and penalties as is by the said act provided, ordained and established. III. And be it further enacted, That it shall be lawful for the 3 said corporation to increase their capital stock by additional subscription of shares, not exceeding two hundred. IV. And be it further enacted, That as soon as the said road and 4 the extension thereof shall be completed and inspected agreeable to this and the said recited act, it shall and may be lawful for the president, directors and company of the said Greenfield turnpike road, to agree with the president, directors and company of the Coxsackie road, by contract between them to be executed, and to establish, erect and maintain a gate across the said Coxsackie turnpike road below the intersection thereof: Provided, The same be not less than five miles from the first gate on the said Coxsackie turnpike road, at the joint expense and for the joint benefit of the 5 |