springs is kept open, and to prevent the same from being interrupted by carts, wagons or other carriages, or by lumber of any kind; to appoint proper persons to attend the spring, and draw the water for such as wish to drink or otherwise make use of the same, without demanding any compensation for the same; to make regulations for preserving cleanliness about the spring and the purity of the fountains, and to inflict such penalties on persons offending against such regulations as the trustees deem fit, to be recovered in like manner as the penalties mentioned in the sixth section of this act. waters 14. And be it further enacted, That it shall and may be lawful Bottling the for the said trustees, by and with the consent, in writing, of the owner or occupant of the lands on which any mineral or medicinal spring or fountain is situated, to regulate the hours of bottling and putting up of the waters at the said springs. 15. And be it further enacted, That the president shall keep a Accounts just and accurate account of his necessary expenses and disbursements, at all reasonable times, open to the inspection of the inhabitants of said village, and on exhibiting the same to the treasurer, shall be entitled to receive the amount thereof out of any money in the treasury. ed annually 16. And be it further enacted, That the trustees shall, each and To be exhibit every year, at the place where the annual meeting is held, exhibit a statement of the money received by them or paid out on their warrant, the amount expended, and how expended, which statement shall be left with the said clerk at least three days prior to such election, and open for inspection. 17. And be it further enacted, That the clerk shall keep two Clerk's duty separate books, to be furnished by the trustees; in one book shall be entered the proceedings of the meetings of the corporation, election of officers, and votes and appropriations of money, and other proceedings of the meetings; and in the other book shall be entered the votes and the proceedings of the trustees; and the trustees are required to supply such books as often as may be necessary; the clerk shall keep on file in his office all reports of trustees, treasurers and overseers of highways, the bonds of treasurers and constables, all recognizances taken on granting licenses to taverns or permits. to retail liquors, all assessments of road taxes made by the trustees, and all papers belonging to and relating to the said village. give bond 18. And be it further enacted, That the treasurer, before he en- Treasurer to ters on the duties of his office, shall give a bond with two or more sufficient sureties, being freeholders of the said village, to the trustees, in such penalty as they deem fit, conditioned for the faithful performance of his duty as such treasurer. count of RIO ney received 19. And be it further enacted, That the treasurer shall keep a To keep ac separate account of all monies received by him for licenses under the "act to lay a duty on strong liquors, and for regulating inns and for licenses taverns," and shall, at every annual meeting, make a statement of the receipts and disbursements of the same, and shall also make a statement to the same meeting of all the monies received by him, and for what the same were received, and of all monies paid out of the treasury, and for what purposes the same was paid out, and the monies remaining in the treasury, if any. 20. And be it further enacted, That it shall be the duty of the How to pay treasurer to pay out monies in the treasury on the warrant of the out money Constables to trusteess, or a majority of them, and he shall pay such sums of money to the president and clerk as may be voted to them for their services. 21. And be it further enacted, That the constables elected for give security the said village shall give security for the faithful performance of their duties to the trustees, and shall have the same powers, and be subject to the same duties, in all cases, civil and criminal, within the county of Saratoga, as constables elected by the town of Saratoga Springs at the annual town meeting. Fire wardens A public act 22. And be it further enacted, That it shall and may be lawful for the trustees to appoint three fire-wardens, whose duty it shall be, at all reasonable times, to enter upon and examine the premises of any person within said village, in order to discover sources where damage by fire may be expected; and if they shall discover that the premises of any person are in such a situation as to require any precaution against damage by fire, they shall report the same to the trustees, who shall give reasonable notice of such report to the owner or occupant of the premises; and if he or she shall refuse or neglect to take the proper measures for the prevention of fires, the trustees may take such measures, and bring an action of debt in the name of the trustees for the expense, and the sum so recovered may be collected in the manner provided for the collection of the expense of providing fire-buckets and ladders. 23. And be it further enacted, That this act is hereby declared to be a public act, and that all the rights and privileges hereby granted are subject to a right in the legislature to amend, alter or repeal the same. Preamble Fishing regu Penalties CHAP. 227. AN ACT to secure to the Owners and Proprietors of Little Lake the exclusive right of Fishing therein after a limited time, and for directing the Mode for taking Fish in certain Waters in the County of Greene. Passed April 17, 1826. WHEREAS it is represented that Nicholas Russell, Benjamin M. Young, John A. Shafer, Richard Young and Thomas Lawyer, are the owners and proprietors of a small lake at the foot of Kerker's mountain, in the towns of Carlisle and Cubelskill, in the county of Schoharie, and that they contemplate to raise, cultivate and improve in the said lake the growth of fishes: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for any person or persons to take or catch, or cause or procure to be taken and caught, in any way or manner, any of the fish in the lake called Little lake, in the towns of Cobelskill and Carlisle, in the county of Schoharie, from and after the passage of this act, excepting the owners and proprietors of said lake, after the first day of December in the year one thousand eight hundred and twenty-eight. 2. And be it further enacted, That every person who shall offend against the provisions of this act shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered, with costs of suit, in an action of debt, before any court having cognizance of the same, by any person who will prosecute for the same to effect, one half of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town where such offence shall be committed, for the use of the poor of such town, and the other half for the use of the person who shall prosecute for the same. Greene County 3. And be it further enacted, That it shall not be lawful for Fishing in any person or persons, after the passage of this act, to take fish any by means of any seine or seines, net or nets, spear or spears, set line, basket, or in any other manner except by single hook and line, in any pond or lake, or the Cauterskill creek, in the county of Greene; and if any person or persons shall take any fish in any such pond, lake or stream aforesaid, within the county aforesaid, contrary to the provisions of this act, he, she or they shall forfeit for every offence the sum of ten dollars, to be recovered in an action of debt, before any justice of the peace of the said county, with costs of suit, by any person who will prosecute for the same. CHAP. 228. AN ACT requiring the Clerk of the City and County of New York to give Bond for the faithful Appropriation of Monies coming to his hands. Passed April 17, 1826. WHEREAS it is represented to the legislature of this state that Preamblè sums of money are frequently deposited in the hands of the clerk of the city and county of New-York, as clerk of the court of common pleas for the said city and county, during the pendency of suits in that court, and also in cases of partition of lands, to be placed at interest for the benefit of widows and minors interested therein: Therefore, 1. BE it enacted by the People of the State of New-York, rep- Clerk to give resented in Senate and Assembly, That every person hereafter bond elected to the office of clerk of the city and county of New-York, shall, before he enters upon the duties of his said office, execute a bond to the people of this state in the penal sum of fifteen thousand dollars, with two sufficient sureties, to be approved by the first judge of the court of common pleas for the city and county of New-York, jointly and severally in the said sum, to answer to the people of this state, and to the parties interested, if any will complain, which bond shall be in the form and to the effect following, to wit: "Know all men by these presents, that we, of are held and firmly bound to the people of the state of New-York in the penal sum of fifteen thousand dollars, to be paid to the said people, for the payment whereof we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this in the year one thousand eight hundred and "Whereas the above bounden day of hath been elected to the office of clerk of the city and county of New-York: Now therefore the condition of the above obligation is such, that if the said Form thereof On going out of office Duty of the present clerk shall well and faithfully in all things apply, appropriate and pay over, all such sum and sums of money as he may from time to time receive in virtue of his said office, during his continuance therein, without fraud, deceit or delay, then the above obligation to be void, or else to remain in full force :" which said bond, when executed and approved as aforesaid, shall be filed in the office of the clerk of the supreme court in the city of New-York. 2. And be it further enacted, That whenever any clerk of the said city and county shall go out of office, and shall have paid over to his successor all the monies then remaining in his hands, accompanied by such vouchers and statements in relation thereto as shall be satisfactory to such successor, it shall thereupon be the duty of the first judge of the said court of common pleas to grant a rule or order of the said court, authorising and requiring the said clerk of the supreme court to give up the said bond to the parties executing the same, to be cancelled. 3. And be it further enacted, That it shall be the duty of the present clerk of the city and county of New-York, within twenty days after the passage of this act, to execute a bond in the manner prescribed in and by the first section of this act, and in all things to conform thereto, in the same manner as he would have done had this act been in force at the time of his election. Trustees to be elected To give secu rity CHAP. 229. AN ACT concerning the Gospel and School Lots in the Town of Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the inhabitants of the town of Salina, in the county of Onondaga, qualified to vote at town meetings, at their annual town meetings to elect by ballot three trustees, being freeholders and inhabitants of the said town, whose duty it shall be to take charge of the lots in said town assigned to the said town for the support of the gospel and school, and to receive the rents, issues and profits thereof, or the proceeds arising from the sale thereof, to the uses and purposes prescribed and mentioned in the act, entitled "An act concerning the gospel and school lots," passed April 2d, 1813; and the said trustees shall have the same powers and privileges, and be bound by and observe all the provisions contained in the said act, and the acts amending the same, with respect to the powers, privileges and duties of trustees under said act; and the inhabitants of the said town of Salina shall have and enjoy all and singular the powers, rights and privileges in relation to the proceeds arising from the sale of the said lots, or the rents, issues and profits thereof, as the inhabitants of the certain other towns therein named have by virtue of the said act. 2. And be it further enacted, That the said trustees shall, before they enter on the duties of said office, give such security for the faithful performance thereof as the supervisor and town clerk may require. CHAP. 230. AN ACT relative to the Public Buildings in the City of Albany. Passed April 17, 1826. ted 1. BE it enacted by the People of the State of New-York, rep- New build resented in Senate and Assembly, That the surveyor-general, sec- ing to be erec retary of state and comptroller, or any two of them, be and they are hereby appointed commissioners to receive proposals and to contract for a building, to be connected with the one occupied by the state officers, for the better accommodation of the several state officers, agreeable to the plans and specifications submitted to the legislature by a joint committee upon this subject. priated 2. And be it further enacted, That the sum of five thousand $5000 aro ap dollars be, and the same is hereby appropriated for the purposes aforesaid; and that the said sum, or so much thereof as shall be required to complete the said buildings, be paid to the said surveyorgeneral on the warrant of the comptroller CHAP. 231. AN ACT to alter the time of holding the annual Town-Meetings in the Town of Davenport in the County of Delaware, and Amherst in the County of Erie. Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the annual town meetings of the town of Davenport in the county of Delaware, shall hereafter be held on the first Tuesday of March, in each year, and that the committee which by law is required to audit the accounts of said town, shall hereafter meet for that purpose, on the Tuesday next preceding that on which the annual town meeting is by this act required to be held; and that the town-meetings of the town of Amherst in the county of Erie, shall hereafter be held on the first Tuesday in April in each and every year. CHAP. 232. AN ACT for the relief of Amasa Lamb and Halsey Doty. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the supervisors of the county of Rensselaer may, in their discretion, at their next annual meeting, cause to be raised, levied and collected in the town of Nassau in said county, in addition to the other charges on said town, the sum of one hundred and twenty-eight dollars and seventy cents, to |