VI. And be it further enacted, That each of the said commissioners shall give bonds to the people of this state, with one or more sureties, to render a true and just account of all monies received by such commissioners for the purposes aforesaid, and faithfully to apply the same for the improvement of the said road. 1. CHA P. CVI. AN ACT to divide the Town of Greene in the County of Chenango. Passed April 1, 1808. BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of February, in the year of our Lord one thousand eight hundred and nine, all that part of the town of Greene, lying north of a line beginning at the county line, on the south line of lot number forty-five in the second township of the Chenango triangle, running from thence east to the southeast corner of lot number fifty in said township; thence south to the southwest corner of lot number forty-nine in the third township of the triangle; thence cast to the west line of the town of Oxford, shall be and is hereby erected into a separate town by the name of Smithville; and that the first town meeting shall be held at the school house, near the house of Joseph Agards, in said town; and that all the remaining part of the town of Greene, shall be and remain a separate town by the name of Greene; and the next town meeting shall be held where it now stands adjourned in said town. II. And be it further enacted, That as soon as may be after the first town meeting shall be held in the town of Smithville, the supervisors and overseers of the poor of the said towns of Greene and Smithville, on notice being first given by the said supervisors, shall meet together and divide the poor and money belonging to the town of Greene previous to the division thereof, agreeably to the last tax list; and that each of said towns shall thereafter respectively maintain their own poor. CHA P. CXI. CONTENTS. 1. Johnstown village, bounds of-4. Style of the corporation, and corporate rights. 7. Chimnies and fire-buckets, regulations may be made respecting. 8. Clerk, to be appointed by the truflees-his duties, 3. Election, anniversary day.-9. Firemen, trustees to appoint. 6. Freeholders and inhabitants, their powers-10. Authorized to raise monies. 10. Monies, for what purpose authorized to be raised-11. Limited in amount. 2. Trustees, how chosen-5. May purchase lands—8. To appoint clerk—9. Firemen. AN ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Johnstown, in the County of Montgomery. Passed April 1, 1808. Bit enacted by the People of the beds of New York, represented 1 I. in Senate and Assembly, That the district of country contained within the following bounds, to wit: beginning at a bridge, on a small creek, east of the house of Vaumane Defonclaire, running thence. down the stream of said creek to the mill of Peter Yost, and from thence east to a point south from the southeast corner of the gaol of said county, and from thence by a straight line to the place of beginning, so as to include the house and barn of Vaumane Defonclaire, shall hereafter be known and distinguished by the name of the village of Johnstown. II. And be it further enacted, That all the freeholders and inhabi- 2 tants, who are qualified to vote at town meetings, and shall reside in the aforesaid limits, may on the third Tuesday of May next, meet at the court house in said village, and then and there proceed to choose five persons, each of whom shall be a freeholder in the said villages to be trustees thereof, who, when chosen, shall possess the several powers and rights herein after specified, and any one or more of the justices of the peace residing in said village shall preside at such meeting, and declare the several persons having a majority of votes as duly chosen trustees; and on every third Tuesday in May, after the 3 first election of trustees, there shall in like manner, be a new election of trustees, and if no such justice of the peace should be present to preside at such meeting, a majority of the freeholders and inhabitants present may choose a chairman to preside at such election, who shall determine what persons are duly chosen trustees. III. And be it further enacted, That all the freeholders and inhabi- 4 tants, residing in said village, be and they are hereby ordained, constituted and declared to be, from time to time, and for ever hereafter, a body corporate and politic, in fact and in name, by the name of they "The trustees of the village of Johnstown ;" and by that name, and their successors shall and may have perpetual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatever, in all manner of actions, complaints and causes whatever; and that they and their successors may have a common scal, and may change and alter the same at their pleasure. IV. And be it further enacted, That the said trustees, so to be 5 elected on the third Tuesday of May next, and their successors, are hereby authorized and empowered to purchase and hold any lands, lying or being within the limits of the said village, to them and their successors for ever, to and for the common use and benefit of the freeholders and inhabitants of the said village. 6 V. And be it further enacted, That the said freeholders and inhabitants, at their annual meetings to be held as aforesaid, and at such other times in the year as the said trustees or a majority of them may think proper, to advertise for the purpose, shall be and they are hereby authorized and empowered from time to time to make, ordain, constitute and establish such prudential rules, orders and regulations as a majority of such freeholders and inhabitants, so assembled and having a right to vote, shall judge necessary, to compel the house- 7 keepers in the said village to clean their chimnies, and the owners of dwelling houses therein to furnish their respective dwelling houses with a sufficient number of fire-buckets, and with necessary tools and implements for extinguishing fires, and to impose such penalties on the offenders against such rules, orders and regulations, or any or either of them, as the majority of such freeholders and inhabitants, so assembled, shall, from time to time deem proper, not exceeding five FOL. F. PP 9 10 11 dollars for any offence, to be recovered by the said trustees for the time being in their own names, with costs of suit, for the use of the said freeholders and inhabitants, by an action of debt, before any justice of the peace residing in the said town of Johnstown: Provided, That such bye-laws, rules and regulations shall not be inconsistent with the constitution and laws of the United States or of this state. VI. And be it further enacted, That the said trustees so to be chosen as aforessid, 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 such 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 direct and appoint. VII. And be it further enacted, That it shall and may be lawful to and for the said trustees, or the major part of them, to elect, nominate and appoint a sufficient number of firemen, willing to accept, not exceeding twenty-four in number, out of the inhabitants residing in the said village, to have the care, management, working and use of the fire-engine or engines which may belong to the said freeholders and inhabitants, and also, all the tools and implements for extinguishing fires; and the said trustees, or a 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 behavior of such firemen as to them shall appear necessary and proper. VIII. And be it further enacted, That it shall and may be lawful for the said freeholders and inhabitants, 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 freeholders and inhabitants of said village, to enable them to purchase a fire-engine or engines, and to make wells and reservoirs of water; and to erect a building for the preservation of such engine or engines, and the tools and implements for extinguishing fires; and thereupon the said trustees shall apportion the sum to be raised among the said freeholders and inhabitants, according to the value of their houses and buildings, and property liable to be destroyed by fire in the said village; and shall, by their warrant, appoint and authorize some proper person to levy and collect such sum so apportioned, who shall proceed in like manner in making such collection 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 their respective counties Provided always, That such sum shall not in any one year exceed the sum of five hundred dollars: And provided further, That if any person shall conceive himself 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 in the town of Johnstown, 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; and the decision of such justices or any two of them, shall be final and conclusive. AN ACT to alter the October Term of the Court of Common Pleas and General Sessions of the Peace in the County of Tioga, and to alter the Place of holding the next Circuit Court in the County of Madison. Passed April, 1, 1808. I. BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, the courts of common pleas and general sessions of the peace, directed to be holden in and for the said county of Tioga, on the first Tuesday of October, shall be holden on the first Tuesday of September, any law to the contrary notwithstanding. II. And be it further enacted, That the next circuit court, to be holden in and for the county of Madison, shail be and hereby is appointed to be held on the sixth day of June next, at the school house, near Sylvanus Smalley's, in the town of Sullivan. CHA P. CXVII. 1. Montauk lands, proprietors of, their annual meeting and powers-2. May vote 4. Clerk to be appointed-7. His duty. 8. Lands, proprietors in ufing to conform to established regulations. 1, 6. Meetings of proprietors, annual and special. 10. Penalties, truftees may fue for. [by proxy. 2. Trustees, number to be chofen-3. Powers-5. Chairman-9. Liability. AN ACT relative to the common and undivided Lands of Montauk in East-Hampton, in the County of Suffolk. 1. B Passed April 1, 1808. E it enacted by the People of the State of New-York, represented i in Senate and Assembly, That it shall and may be lawful for the proprietors of the common and undivided lands of Montauk aforesaid, to meet on the third Tuesday in April next, at the meeting house in East-Hampton aforesaid, and annually thereafter, at such time and place, previous to the said third Tuesday, as the trustees for the time being may appoint; and at every such meeting, the said proprietors or a majority of such of them as shall be present, in person or by attorney, shall have power to make such rules and regulations for improving, managing and using the said lands, as they may deem proper, and to impose such penalties on any proprietor offending against such rules and regulations, or any of them, as a majority of the said proprietors, so met, shall judge meet and proper, not exceeding twenty-five dollars for any one offence. II. And be it further enacted, That at the said meeting, so to be 2 held on the third Tuesday of April next, and at every of the annual meetings thereafter to be held, the said proprietors, or a majority of such of them as shall be present, in person or by attorney, shall and 3 may elect not less than seven, nor more than twelve persons, who shall be called the trustees of Montauk; and in the choice of trustees, and also in making the bye-laws, rules and regulations, and all other business done at such meetings, each proprietor shall have one vote, and every proprietor of more than one eighth of a share of the said land, as the same is now held and undivided, shall for each additional eighth part of a share have one additional vote: Provided, That no one proprietor have more than eight votes. III. And be it further enacted, That the said trustees shall have the superintendence of the said lands, and shall have power to make such bye-laws and regulations for managing the said lands, as a majority of them, from time to time may deem necessary; Provided, such bye-laws and regulations do not contravene the rules and regulations made by the proprietors at their annual meetings aforesaid, which bye-laws and regulations, so made by the said trustees, and also the rules and regulations made at the annual meetings of the proprietors 4 aforesaid, shall be entered in a book, to be provided for that purpose 5 by a clerk to be appointed by the said trustees: And further, the trustees at their first meeting shall elect one of their number chairman, who shall preside at their meetings, and have a casting vote and none 6 other; and it shall be the duty of the said trustees, whenever they may judge it necessary, to call a special meeting of the proprietors, by advertising the same in two or more conspicuous places in the said town of East-Hampton, and in two or more conspicuous places in the village of Bridge-Hampton, at least eight days previous to the said meeting, and the proceedings of such meeting, thus called, shall be as good and valid as if done at the annual meetings aforesaid. 7 IV. And be it further enacted, That it shall be the duty of the said clerk to enter in the said book, so by him provided as aforesaid, the names of each proprietor, and the number of shares to him or her belonging, and no proprietor shall be entitled to a vote at any of the meetings of the said proprietors, unless his or her name be entered in the said book as aforesaid. 8 V. And be it further enacted, That it shall not be lawful for any proprietor or proprietors of the said land of Montauk, to cut on or carry away from the same any wood, timber or grass, or any other produce thereof whatsoever, or to plough, plant or sow, or in any other way to occupy or use the said land, or any part thereof, by reason of being proprietors or tenants in common thereof, otherwise than in conformity to such rules and regulations as shall be established by the proprietors at their meetings aforesaid, or by the trustees as aforesaid; 9 and the said trustees shall be bound by such rules and regulations, and liable to penalties for breaches thereof in the same manner as other persons. 10 VI. And be it further enacted, That the said trustees shall have power to sue for and recover for the use of the said proprietors, all such penalties as may be incurred by the breach of any rule or regulation made as aforesaid, and shall have full power and authority to prosecute and bring and maintain suits for all trespasses which may hereafter be committed on the said land of Montauk, by any of the said proprietors as aforesaid, or by any other person. VII. And be it further enacted, That the act, entitled "an act relative to the common and undivided lands of Montauk in the town |