keeper fees receive for the like services; and also that the pound keeper to be Fees of collec appointed pursuant to this act, shall be entitled to the same fees which tor and pound other pound keepers are entitled by law to have and receive; and also that the collector to be chosen or appointed by this act, shall be entitled to have and receive for all monies collected by him, the same fees which are allowed by law to the collectors of the several towns in the said county of Monroe, and to be retained by him out Treasurer's of the monies so collected, and that the said treasurer shall be entitled to like fees as the treasurer of the said county is entitled to. 28. And be it further enacted, That if from any cause whatsoever, the annual election directed by this act to be held, shall not be held on the day appointed therefor, then and in that case, it shall be the duty of the said board of trustees, immediately thereafter to notify an election to be held, at which the several officers directed to be elected by this act, shall be elected, and that the said election shall be in all respects conducted according to the directions of this act, for annual elections, and that the officers then elected, shall hold their offices respectively, until the next annual election, and until others are chosen in their stead. Special elec tions how no tified and held, &c Public act Former acts sepealed Proviso Supervisors to by tax to erect offices 29. And be it further enacted, That this act shall be a public act, and shall be construed in all courts and places favorably for every beneficial purpose therein intended. 30. And be it further enacted, That the act, entitled "an act to incorporate the village of Rochesterville, in the county of Genesee," passed March 21, 1817, and the act, entitled "an act to annex a part of the town of Brighton, to the village of Rochester," passed April 10, 1823, shall be and hereby are from and after the first Monday in May next severally repealed: Provided however, That the same shall be considered in force until an election shall be had under this act, for the trustees and several officers therein mentioned, so far as shall be necessary to carry this act into effect, and the legislature may alter, modify or repeal this act. CHAP. 141. AN ACT to provide for Building a Fire Proof Clerk and Surrogate's Office in the County of Richmond. Passed April 10, 1826. 1. BE it enacted by the People of the State of New-York, repreraise $1,500 sented in Senate and Assembly, That it shall be the duty of the board of supervisors of the county of Richmond, and they are hereby required at their next annual meeting, to cause to be levied and collected from the taxable inhabitants and property in the said county, a sum not exceeding one thousand five hundred dollars over and above the expense of collecting the same, which sum shall be levied and collected in the same manner as other contingent charges of the said county, for the purpose of building a fire proof clerk and surrogate's office, for the said county, to be located in such part of the Judges to lo said county, as the judges of the said county, or a majority of them, shall direct, and in which all the public records and papers belonging cafe clerk and sur as well to the clerk as the surrogate of the said county, shall be Records of kept after the said building shall have been completed, and it shall rogate be the further duty of the said supervisors to appoint three commis- Commission sioners to superintend the erection of the said building. ers 2. And be it further enacted, That the said commissioners Their duty shall contract for, superintend and direct or cause to be erected in such part of the said county as the said judges or a major part of them shall direct, a good and sufficient fire-proof building, for the safe keeping of the books, records and all the other public papers of the said county; and the said commissioners shall keep a true and just account of all the expenditures in erecting and completing the said building, and present the same to the board of supervisors of the said county, whose duty it shall be to audit and allow the same, and order the treasurer of the said county to pay to the said commissioners or to such other person or persons as they shall direct, out of the monies raised for the purpose aforesaid, the amount or sum so expended in the erection of the aforesaid building, and the said commissioners shall each be entitled to receive for each and every day they may be employed in superintending, erecting or completing the said building, the sum of one dollar and fifty cents, to be audited and Compensa allowed by the board of supervisors of the said county. tion CHAP. 142. AN ACT to amend an act entitled "An Act to regulate Highways in the Counties of Suffolk, Queens and Kings," passed April 2, 1813. Passed April 10, 1826. lid, although 1. BE it enacted by the people of the State of New-York, repre- Record of sented in Senate and Assembly, That where any highway has highways va been laid out by commissioners of any of the towns in either of the not approved said counties and now in use, and entered in the records of the coun- by court ty or of any town, such record shall be good and lawful evidence of such highway, although it does not appear on said record that the said highway has been approved of by the court of sessions in said county, any former law to the contrary notwithstanding. years declar ed public high 2. And be it further enacted, That where any road in either of Road used 20 the said counties shall have been used as a public highway for twenty years or more next preceding the passage of this act, the same way shall be taken and deemed as a public highway, although no record thereof has been made in the office of the clerk of the county, or in any town, unless the said road shall have been exchanged or altered agreeable to the provisions of the fourth section of the act hereby amended; and that it shall be the duty of the commission- missioners in ers to order the overseers of highways to open all such roads to the relation to width of three rods at least, which they shall judge to have been used as public highways, for twenty years preceding the passage of this act. Duty of com such roads Width Commission ers may di rect over seer to pro cure scraper How paid for Sections of former act re pealed 3. And be it further enacted, That it shall and may be lawful for the commissioners of highways in any town within the counties subject to this act, whenever they shall think it necessary or useful to direct and empower any overseer of highways in their respective towns, to procure a good and sufficient iron or steel shod scraper, for the use of his road district, to be paid for by the monies arising from commutations and fines within such district; and in case such monies should be insufficient for the purpose, such deficiency shall by the said overseers, be assessed upon the inhabitants of the said district, in the proportion they are respectively assessed to work on the said road and if any one so assessed shall neglect or refuse to pay such assessment, the same may be sued for and recovered by the said overseer, with costs of suit, before any justice of the peace of the same county. 4. And be it further enacted, That the sixteenth, twentieth and twenty-second sections of the act hereby amended, be and the same are hereby repealed. Penalty for injuring side walks, &c Penalty for riding or driv ing on side walks Additional liability CHAP. 143. AN ACT for the protection of the Side Walks between the Public Square in the Village of Clinton, in the County of Oneida, and Hamilton College, and between the said Square and the Ladies' Seminary in said Village. Passed April 10, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That if any person after the passage of this act, shall wilfully do, or aid or assist any person in doing any injury to the side walks, between the public square in the village of Clinton, in the county of Oneida, and Hamilton college, or to the side walks between the public square and the ladies' seminary in said village, or to the fences or railing erected for the protection thereof, every person so offending, shall forfeit the sum of five dollars for each offence, to be recovered, with costs of suit, in an action of debt, before any justice of the peace, in the name of the overseer of highways of the road district, in which such injury shall have been done. 2. And be it further enacted, That if any person shall hereafter wilfully ride, lead or drive any horse or horses along either of said side-walks, or shall wilfully drive any waggon, sleigh or other carriage thereon, every person so offending shall forfeit the sum of one dollor for every such offence, to be recovered in like manner. 3. And be it further enacted, That every person offending against any of the provisions of this act, shall in addition to the penalties imposed by this act, be liable to pay damages to the extent of the injury done, to be recovered in like manner, and that all penalties and damages to be recovered under this act, shall be applied in the reparation of the said walks, or of the fences and railing erected for the protection thereof. СНАР. 144. AN ACT to incorporate the Watertown Water Company. Passed April 10, 1826. 1. BE it enacted by the People of the State of New-York, repre- Corporation sented in Senate and Assembly, That Marinus W. Gilbert, Orin Store, Noah W. Keniston, Orville Hungerford, Henry Caswell, and such other persons as may become associated with them for supplying the village of Watertown, in the county of Jefferson, with water by means of aqueducts, shall be and are hereby created a body corporate and politic, by the name of "The Watertown Water Com- Name pany," and by that name they shall be capable in law to sue and be General pow sued, plead and be impleaded, in any court whatever, and to hold and enjoy such real and personal estate as may be necessary for the attainment of the object aforesaid, not exceeding ten thousand dollars in the whole, exclusive of the profits or income of the said aqueducts. 2. And be it further enacted, That the stock of the said company shall be deemed personal property, and shall consist of one thousand shares of ten dollars each. ers Stock 3. And be it further enacted, That it shall and may be lawful Subscriptions how and by for the persons above named to do and perform the several duties whom receiv hereinafter mentioned, that is to say they shall, on or before the ed first day of June next, procure a book, and in that enter as follows: "We, whose names are hereunto subscribed do, for ourselves and our legal representatives, promise to pay the Watertown Water Company the sum of ten dollars each for each share of stock in said company set opposite to our respective names, in such manner and proportion, and at such time and place, as shall be determined by the trustees of the said Watertown Water company," which book shall be left with one of the above mentioned persons, at his place of abode, who shall keep the same opened for the purpose of receiving subscriptions for said stock: and every subscriber shall, at the time of subscribing, pay to the aforesaid persons the sum of fifty cents on each share by him subscribed, which money paid as aforesaid shall by him be paid to the treasurer of said company as soon as he shall be appointed; and Marinus W. Gilbert, Orin Stone and Orville Hungerford, or any two of them, as soon as four hundred shares are subscribed for, shall cause an advertisement to be affixed up Notice for in at least three public places within the village of Watertown, in said election of county, giving at least ten days notice of the time and place when and where the stockholders of said company shall meet for the purpose of choosing five trustees, who shall be stockholders, for the purpose of managing the concerns of the said company for one year, and the day for choosing the said trustees shall thereafter be the anniversary day for choosing trustees; and any three of the said Quorum trustees shall be a quorum, and capable of transacting the business of the said corporation, and the trustees elected by a plurality of the votes of the stockholders shall and may meet from time to time, at such time and place as they may think proper, and shall have power to make such by-laws, rules and regulations, not inconsistent with trustees By-laws Subscriptions may continue Proviso Trustees to apsoint offi ters the laws or constitution of this state or of the United States, as shall be necessary for the well ordering of the said corporation, with a power of declaring forfeited all previous payments made on the respective shares, when the whole sum or any part thereof is not paid at the time and place specified by the said trustees. 4. And be it further enacted, That the said trustees may continue to receive subscriptions to the stock of the said company until there shall be one thousand shares subscribed: Provided, That so much stock shall be necessary for the purposes herein contemplated. 5. And be it further enacted, That the trustees shall be authorised in their discretion to appoint a clerk, a treasurer, a superintendent, and such other officers, agents and servants as they shall from time to time deem necessary for carrying into effect the powers Declare divi vested in said company, to declare the dividends on the stock of the dends, make said company, to establish rules and regulations, by-ordinances and by-laws, &c by-laws for and concerning the conduct and government of such officers, agents and servants, and for determining the compensation to which they shall be entitled, and for and concerning the manner of making transfers of the said stock, and the conduct and government of all such persons as shall use the water from their works, so far as respects the preservation of the water furnished by the said company, and the use thereof, and to restrain the water thereof, and by such by-laws and ordinances to impose penalties for a neglect or refusal to comply therewith: Provided, That the penalty in any one case shall not exceed the sum of ten dollars. Proviso Trustees may enter upon lands Canals, &c 6. And be it further enacted, That it shall be lawful for the said trustees, and any person or persons employed by them or acting under their authority, to enter in and upon, and freely to make use of any land which shall be necessary for the purpose of conducting a supply of pure and wholesome water to any part of said village of Erect dams Watertown, and to erect any dam or works across or upon any stream or streams of water, or any other place or places where they shall judge proper for the raising such stream or streams of water, or turning the course thereof, or for making use of such streams or places for constructing or working of any necessary engines, and to construct, dig or cause to be dug, any canal or trenches whatsoever, for the conducting of such springs or streams of water from any source or sources that they may see fit, and to raise and construct such dykes, mounds and reservoirs as they may judge proper for securing and conveying such supply of water as aforesaid to any part of said village, and to survey and lay out all such streams as they may think proper, in order to ascertain the best mode of furnishing such supply, and to lay out and construct any number of pipes, conduits or aqueducts, through or over any part of the said lands and village as they may see fit, and to agree with any owner or owners of any lands, tenements or hereditaments that may be damaged or affected by any of the said operations, for a reasonable compensation, to be made to him, her or them for such lands, tenements or hereditaments, or the use thereof, as may be used or occupied for the purposes aforesaid, or any of them, or for any damage which he, she or they may sustain in using such lands, or the conducting, digging, laying, raising, repairing or making from time to time any such dams, reservoirs, aqueducts, canals, trenches, pipes, conduits, dykes or mounds as aforesaid; but in case of disagreement, Compensa Ton to owner |