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CHAP. 79.
AN ACT authorising Luther Thurstin and Virgil Whitney to
erect a Dam across the Susquehannah River.

Passed March 17, 1826. E Thurstio & 1. BE it enacted by the People of the State of New York, reprev Whitney sented in Senate and Assembly, That it shall and may be lawful

for Luther Thurstin and Virgil Whitney, their heirs and assigns, to
maintain and continue their dam across the Susquehannah river, in

the town of Conkling, in the county of Broome, and between lots Proviso number four and seven in Bingham patent, so called : Provided,

That there shall be constructed and maintained in said dam a sluice way of such dimensions as not to obstruct the free passage of boats, arks and rasts in descending said river in common rafting freshets.

2. And be it furter enacted, That the said Luther Thurstin and spected Virgil Whitney shall cause said dam to be inspected by three of the

judges of the court of common pleas of the county of Broome, and if the said judges shall make their written certificate, stating that said sluice-way is so constructed as not to obstruct the free passage of boats, arks and rafts, in descending said river in common rafting freshets, such certificate shall be conclusive evidence in all courts of justice to bar a recovery in any suit or suits brought to recover damages for any injury done to any boat, raft or ark, upon or by reason of said dam: Provided however, That such certificate shall be operative for the purpose aforesaid, only so long as said sluice-way shall be maintained substantially, the same as when such inspection

shall be made as aforesaid. Right to re

re 3. And be it further enacted, That it shall and may be lawful peal reserved for the legislature, at any time hereafter, to alter, modify or repeal

this act, without being liable to pay any damages in consequence of any right hereby granted.

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CHAP. 80.
AN ACT authorising the building a Fire Proof Clerk's Office in

the County of Erie.

Passed March 17, 1826. 1. BE i: enacted by the People of the State of New-York, represented in Senate and Assembly, That the supervisors of the county of Erie be, and they are hereby authorised, at their next annual meeting, to appoint commissioners to purchase a suitable site or piece of land ir the town of Buffalo, and erect thereon a fire proof clerk's office, as a majority of the said supervisors shall direct; and it shall be the duty of the said supervisors to audit their accounts, and order the treasurer of said county to pay over to said commissioners such sum or sums as the said supervisors shall from time to time direct, out of any money not otherwise appropriated, and the treasurer of said county is hereby authorised to pay over the same.

2. And be it further enacted, That for the above purposes the Money to be said supervisors are hereby authorised to raise a sum not exceeding raised one thousand dollars, to be raised and levied on the freeholders and inhabitants of the said county of Erie, which sum shall be raised and collected in the same manner as other contingent charges of said county are raised, levied and collected. 3. And be it further enacted, That when the said clerk's office Records to be

posited shall be completed, all the books, records and public papers shall de be removed thereto, and the same shall thereafter be the clerk's office for the county of Erie.

CHAP. 81.
AN ACT to amend an Act entitled " An Act for the relief of
John Thayer and Samuel Learned," passed April 21, 1825.

Passed March 17, 1826. . 1. BE it enacted by the People of the State of Nero-York, rep- Comniission resented in Senate and Assembly, That it shall be lawful for the ers o canal commissioners of the canal fund, and they are hereby directed to note given by pay to the said John Thayer, such sum or balance as may be found M Holley due on a note dated twentieth October, one thousand eight hundred and twenty-three, for one thousand six hundred and thirty-nine dollars and twelve cents, given to the said Thayer by Myron Holley, as treasurer of the canal commissioners, and on which the sum of five hundred dollars has been paid by the said Myron Holley. 2. And be it further enacted, That it shall be the duty of the Comptroller

to charge the comptroller to charge to the account of the said Myron Holley, in San his account with the state, such sum as shall be paid, with such ex. Holley planations as shall show that the account has been previously credited to the said Myron Holley erroneously, by means of false or mistaken vouchers.

3. And be it further enacted, That the act aforesaid entitled Former act an act for the relief of John Thayer and Samuel Learned," passed April 21, 1825, be and the same is hereby repealed.

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repealed

CHAP. 82.

AN ACT relating to the Village of Newburgh, in the County of

Orange.

Passed March 18, 1826. 1. BE it enacted by the People of the State of New York, repre- Trustees to sented in Senate and Assembly, That it shall and may be lawful for grant licence the trustees of the village of Newburgh, and their successors in office, yearly and every year, by writing under their hands and the corporate seal of the said village, to grant to the several grocers who shall reside within the said village, and who shall apply for the same, a licence to retail strong or spirituous liquors under five gallons, to be drank in his, her or their house or store only, which said respec

tive licences shall continue in force from the time of granting the same until Wednesday next after the first Tuesday in May next en

suing the date thereof, and no longer. Amount to be 2. And be it further enacted, That the said trustees shall deterpaid and its application mine the sum of money which each person applying for such licence

shall pay for the same, not being less than ten dollars, nor more than
twenty-five dollars, which with the sum of twenty-five cents to the
clerk of the said board of trustees for making out the said licence,
and the sum of twenty-five cents to the officer who shall take the
recognizance herein after mentioned, shall be paid to the said trustees
by the person applying for such licence, before the same shall be
granted as aforesaid ; and the said trustees are required to keep an
account of the persons to whom such licences shall be granted, and
of the suins of money paid by them therefor, which said money
shall be paid without delay to the treasurer of the said village, and
expended by the said trustees in the payment of any debt or debts
now due and owing, or hereafter to grow due and owing from the
said trustees of the village of Newburgh, and in defraying the con- .
tingent expenses thereof.

3. Ard be it further enacted, That each and every person so Recogni zance to be

to be licensed to retail strong and spirituous liquors as aforesaid, entered into shall, previous to or at the time of receiving such licence as afore

said, enter into a recognizance to the said trustees of the village of Newburgh, in the sum of one hundred and twenty five dollars, conditioned that such person or persons will not, during the time that such person shall sell liquor as aforesaid, keep a disorderly house, sell, or suffer to be sold any liquor, cider, ale, beer or any other drink upon the first day of the week, commonly called Sunday, or suffer or permit, during the time aforesaid, any cock fighting, gaming or playing with cards or dice, raffling or hustling, or keep a shufile board, billiard table or other gaming table within his, her or their store, grocery, house, out house, yard or garden, which said recognizance shall be entered into before any justice of the peace in and for the county of Orange, and may be prosecuted for any breach of the condition thereof by the said trustees, in the name of the trustees of the village of Newburgh, in any court having cognizance thereof; and the same when recovered shall be paid to the treasurer of the said village, and appropriated for the same purposes as the monies arising from grocers licences are by this act di. rected to be appropriated.

4. And be it further enacted, That nothing in this act containRights or commission ed shall be so construed as to interfere with the rights of the comers ot excise

missioners of excise of the town of Newburgh to grant licences to retail strong or spirituous liquors, but they shall continue to exercise the same powers, and be entitled to exact the same sums of money for granting such licences, as if this act had not been passed.

5. And be it further enacted, That all licences issued to grocers beretofore

by the said board of trustees during the year one thousand eight hunissued to be

dred and twenty-five, together with the recognizance entered into by the grocers aforesaid, at the time of obtaining the said licences, shall be as valid and effectual in every respect as if the same had been granted subsequent to the passage of this act, any law or regulation to the contrary notwithstanding.

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town

6. And be it further enacted, That the third and fourth sec- Former act tions of the act, entitled “ an act relative to the village of New-repealed burgh," passed April 4, 1820, be and the same are hereby repealed.

7. And be it further enacted, That the said board of trustees be, Power of and are hereby constituted and declared commissioners of high- trust ways in and for the said village of Newburgh, and shall possess the same powers and perform the same duties as are possessed and performed by commissioners of highways of towns in this state ; and the said board of trustees shall, from time to time, and once at least in every year, appoint so many overseers of streets, roads and highways as they shall deem necessary to carry into effect the provisions of this act, which said overseers of streets, roads and highways, when so appointed as aforesaid, shall possess all the powers and perform all the duties which overseers of highways for towns possess and perform, in and by the act, entitled to an act to regulate highways,” and the several acts supplementary thereto.

8. And be it further enacted, That the village of Newburgh Newburgh shall be considered as a town for all the purposes intended by this considered a act, and by the act entitled an act to regulate highways," and the several acts supplementary thereto.

9. And be it further enacted, That the said board of trustees Assessments shall yearly, and once in each and every year, and as soon after the on highways annual election as conveniently may be, assess the freeholders and inhabitants of the said village of Newburgh to work on the public roads and highways, such number of days work as the said trustees shall deem just and right, to be determined by the said trustees in proportion to the estate and ability of each and every person so to be assessed as aforesaid, which said assessment shall be made out in a book to be provided for that purpose, and signed by the said trustees or a majority of them, and filed of record in the office of the clerk of the said village: Provided always, That no person shall Proviso be assessed more than thirty days, nor less than one day, in any one year.

10. And be it further enacted, That the assessment to work on Arsessments the highways directed to be made in and by this act, shall be paid in to be paid in

, money money instead of work on the highways, at the rate of sixty-two and a half cents for each day's work, and the same shall be collected of the several persons assessed, by the collector of the said village, by virtue of a warrant to be issued by the said board of trustees under their common seal, in the same manner as other taxes are by law collected in the county of Orange, and paid to the treasurer of the said village, to be expended in making and keeping in repair the roads and highways of the said village, in such manner as the said board of trustees shall judge must beneficial to the public.

11. And be it further enacted, That all monies and sums of mon- Assessments ey to be raised in the town of Newburgh for the purpose of erecting for bridges and repairing bridges, shall be assessed as well upon the village of Newburgh, as upon the other part of the said town of Newburgh; but it shall be the duty of the commissioners of highways in and for the said town of Newburgh, yearly, and every year, whenever tbe same shall come to their hands, to pay to the said trustees of the village of Newburgh the one fourth part of such sum or sums of money so to be raised for the erection and repair of bridges within the said town of Newburgh as aforesaid, which said money the said.

ving streets

Property benefited by

trustees shall expend in the erecting and repair of bridges within

the said village of Newburgh, and for no other purpose. Duty of 12. And be it further enacted, That it shall and may be law. justices in ful for the said board of trustees, whenever they shall deem it exrelation to opening & pa pedient that a street or streets, section or sections of a street or

streets in the said village should be paved or improved, to call a meeting of the owners and occupants of the lots of ground fronting on the said street or streets, section or sections thereof, intended to be paved or improved, and also the owners and occupants of lots of ground which may be in the opinion of the said trustees benefited or injured by such proposed improvement, at some convenient place in the said village, by causing a notice, in which shall be expressed the objects of the said meeting under the hands of the said trustees or a major part of them, to be published for two weeks successively in a public newspaper printed in the county of Orange, and cause a copy thereof to be set up at three public places in the said village, at least six days previous to the said meeting ; and the said owners and occupants, or the major part of them, in open meeting voting or assenting to the paving or improving of the same, it shall and may be lawful for the said trustees, their successors or a majority of them, by warrant to be by them issued for that purpose, to direct the assessors of the said village to ascertain, assess and appraise the damages which the said owners of the lots of ground aforesaid may respectively sustain by reason of such improvement

as aforesaid ; and also to assess upon property to be in the opinion improve

by of the said assessors benefited by such improvement a sum of mon. ments to be ey sufficient to pay the damages so appraised as aforesaid, together

with such sum to be expressed in the said warrant as may be sufficient to defray all the expenses and costs of such improvement so to be made as aforesaid, which said last mentioned assessment shall be, assessed upon the owners and occupants of all property benefitted by such improvement, in proportion to the number of feet in front which they shall respectively own and possess on said street or streets, section or sections thereof, and in proportion to the benefit which they shall be deemed to derive from the improvement so to be made as aforesaid, which said assessment shall be signed by the said assessors, and submitted to and approved of by the said board of trustees, and levied and collected by the collector of the said vil

lage, in manner as other taxes are by law directed to be levied and Proviso collected : Provided always, That at the meetings of the owners and

occupants so to be held as aforesaid, it shall not be lawful for any

occupant of a lot of ground to vote at any such meeting, unless in Further p the absence of the owner thereof : And provided further, That if

upon the completion of any such paving or improving as aforesaid, it shall appear to the said trustees that a greater sum of money hath been bona fide expended in the payment of the said damages and improvement of the said street or streets, section or sections thereof, than the sum assessed, levied and collected as aforesaid, it shall then be lawful for the said trustees to cause a further assessment equal to the excess to be made and collected in manner aforesaid : And further, in case the sum actually expended shall be less than the sum levied and collected as aforesaid, the surplus shall be forthwith returned to the persons from whom the same was collected, or their legal representatives.

assessed

viso

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