be levied or collected. for erecting such fire engine houses, nor such houses No taxes to erected, without the consent and approbation of the freeholders except with and legal voters of the said village, or the major part of them, in the appro open town meeting, duly notified by the said trustees, by written or bation of a printed notices to be put up in three public places in said village, ing duly at least one week previous to such meeting. public meet convened. Trustees au Weights & incasures. Assessments IV. And be it further enacted, That it shall and may be lawful for the trustees of said village, or the major part of them, and for their successors in office forever, to make, ordain, constitute a d pub- thorised to lish such prudential by-laws, rules and regulations, as they from time make reguto time shall deem meet and proper; and such in particular as may lations, &c. relate to public markets within said village; relative to the streets, Streets, alalleys and highways therein, and draining and filling up, paving, leys, &c. keeping in order and improving the same; relative to slaughter houses, and nuisances generally; relative to a town watch, and lighting the Town watch streets of the said village; relative to the restraining of geese, swine, the streets. and ligh ing or cattle of any kind; relative to the inspection of weights and measures, and relative to erecting and regulating hay scales, and relative to auy thing whatsoever, that may concern the public and good goverument of the said village; but no such by-laws shall extend to the regulating or ascertaining the prices of any commodities, or articles of provisions, except the article of bread, that may be offered for sale: Provided, that such by-laws be not contrary to, or inconsistent with the laws and statutes of this state, or of the United States. And to be made provided always, that any monies to be raised for paving any street in proporor streets, or flagging or improving the foot walks or side ways, shall tion to the be assessed, levied and collected, in a just and equitable manner, advantages of derived by and from the owners and occupants of all the houses and lots ad- occupants. joining such street or streets so to be paved or flagged, in proportion as nearly as may be to the advantages which each shall be deemed to acquire respectively; any thing in this act to the contrary notBylawsto be withstand ng. published. V. And be it further enacted, That the said trustees, or the May impose major part of them, as often as they shall make, ordain and publish Soes not exany such by-laws for the purposes aforesaid, may make, ordain limit for any of and provide, such reasonable fine against the offenders of such laws, fence. as they may deem proper, uot exceeding twenty-five dollars for any covered in one offence; to be prosecuted and recovered by action of debt, action of before any justice of the peace, with costs of suit, by the trustees, debt, for the use of the corporation; in which action it shall be sufficient Special to declare generally, that the defendant or defendants, is or are in- be given a debted to the trustees of the village of Watertown, in the amount of evidence. the debt, penalty, fine or forfeiture, by virtue of this act, to be paid in May fr 1st Monday to the said trustees for the time being, when thereunto required, and choosing under such declaration to give the special matter in evidence. VI. And be it further enact d, That the freeholders and inhabit- Not less ants of the said village of Watertown, qualified to vote at town meetings at their annual meetings, on the first Monday of May, in every than five year hereafter, to be held for choosing trustees, or at any other meet- to be chosen ing duly notified, shall be, and they are hereby duly authorised, by as assessors. plurality of votes, to choose not less than three, nor more than five Treasurerto be appointjudicious inhabitants, being freeholders and residing in said village, ed. as assessors; one treasurer, being also a freeholder; one collector, Collector. ceeding D25 To be re matter to trustees. than three nor more freeholders Fire wardens. In case of vacancy, trustees to fill the va. caney. The town officers to take oaths. and as many fire-wardens as the trustees for the time being, or the major part of them, may order and direct; and in case of vacancy by death, removal, refusal, or incapacity to serve, of any of the assessors, the treasurer, collector, or five wardens, it shall be the duty of the trustees, or the major part of them, to appoint some suitable person to fill such vacancy; and the person so to be appointed, shall be vested with the like powers, and be subject to the same penalties and restrictions, as if elected by the freeholders and inhabitants of the said village as aforesaid. VII. And be it further enacted, That the trustees, treasurer, collector, assessors and fire wardens, shall within ten days after each and every election, and before they proceed to the exercise of their several offices, respectively take and subscribe an oath or affirmation, before any justice of the peace in the said village or county, for the faithful execution of the trust or office, to which they may be severally chosen or appointed. Security to VIII. And be it further enacted, That the treasurer and collectbe taken for or hereafter to be elected, shall, before they enter upon the execution the faithful of their respective offices, respectively give such security for the performance faithful performance of the trusts reposed in them, as the major part of their duties. A fine not of the trustees, for the time being, shall deem sufficient. IX. And be it further enacted, That if any of the inhabitants of the said village, qualified as aforesaid, shall hereafter be elected or appointed a trustee or assessor or fire warden, and having notice thereof, shall refuse, deny, delay or neglect to take upon him or them to execute such office or trust, to which he or they shall be elected, exceeding then and as often as it shall happen, it shall and may be lawful for 20 dollars the said trustees, or the major part of them, to assess and impose upon shall be im, such person or persons so neglecting, delaying or refusing, such rea posed on all such officers sonable fine or fines, not exceeding twenty dollars, as they the said who refuse trustees, or the major part of them may think fit, to be recovered by to serve. action of debt, with costs, in the manner herein before directed for ered in ac- the recovery of penalties or forfeitures imposed by the laws of the tion of debt. said trustees. To be recov To preside at their meetings. His duties. X. And be it further enacted. That the trustees, or the majo part of them, within ten days after their being elected, in every year Trustees to hereafter, shall, and it is hereby made their duty, to assemble in som elect their convenient place in said village, and there to choose and appoint som president. one suitable person of their body to be president of the said board o trustees, and some proper person to be clerk of said board. That i shall be the duty of the said president, to preside at the meetings o the trustees; to order extraordinary meetings of the trustees, wher ever he may find it for the interest of the village so to do; to receiv complaints of the breach of any of the by-laws; to see that all th by-laws, rules and ordinances are faithfully executed, and prosecu in the name of the trustees, all offenders against such by-laws; to r ceive and lay before the trustees, the returns of the fire warden: and who, with the consent of the major part of the trustees shall a point, under his hand and the seal of the said village, a company of fix men, not exceeding twenty in number; to inspect the utensils belong ing to the said village for extinguishing fires; and whose duty it sha be more particularly to see the engines and fire utensils, engin houses, and all other public property belonging to the said village suitably and properly taken care of and kept in order; and to do all other such acts and things, as may be proper for him as president of the board of trustees to do; and in case of the death, absence, or inability of the president, to discharge the several duties before mentioned, his place shall be supplied in the manner hereafter to be provided by the laws of the said corporation. the treasury XI. And be it further enacted, That the collector shall within All monies such time as shall hereafter be provided for by the by-laws of the to be paid in said corporation, next after the receipt of his warrant for collecting and to be my tax that may have been ordered to be raised, collect and pay drawn out the same to the treasurer, and that all monies which may at any time by the order of a majority be in the bands of the treasurer, shall be liable to be drawn out by of the trusthe trustees, or the major part of them, and applied and disposed of tees. as shall have been directed by the freeholders and inhabitants of said village. XII. And be it further enacted, That the said trustees shall keep a just and accurate account of their necessary expenses and disbursements, and on exhibiting the same to the treasurer, shall be Compenzaentitled to receive the amount thereof out of any monies in the treas- tion." ury; and that the clerk, collector and assessors shall be paid for their several services, such suitable compensation, as the said trustees or the major part of them, by a by-law of the said corporation, shall provide. Trustees to XIII. And be it further enacted, That the trustees to be elected by virtue of this act, shall hold their respective offices until the first hold their Monday in May next following after their election of trustees as offices for aforesaid, and until a new election for trustees of said village shall one year, be made pursuant to this act, and until the trustees so last chosen new election shall take and subscribe the oath or affirmation of the office of trustees. and until a Not to hold real estate XIV. And be it further enacted, That it shall not be lawful for or purchase the said corporation to purchase or hold any real estate whatsoever, out of the ost lying or being within the limits of the said corporation. limits of the XV. And be it further enacted, That it shall and may be lawful corporation. for the trustees of said village, or the major part of them, from time To regulate to time, to make ordinances to regulate the assize and quality of the assize of bread to be baked, offered or exposed for sale, by any baker, or bread, and other person within the said village, and to inflict reasonable penalties. alties upon all offenders against the said ordinances. inflict peu XVI. And be it further enacted, That the assessors of the said village of Watertown, shall assess the taxes which shall be legally Assessments laid upon the inhabitants of said village, and upon the owners of real to be graduestate lying within the same, both residents and non-residents, respect-improveing the probable advantages which will result to the individuals re- ments made. pectively, from the improvements contemplated to be made by such tar. XVII. And be it further enacted, That the person in possession ated by the recovered of of any real estate in the said village, at the time any tax is to be Assessments colected, shall be liable to pay the tax assessed thereon; and in case if paid to be such person is not bound by agreement or otherwise, to pay such tax, the owner. or a part or proportion thereof, he or she shall or may recover the same amount from the owner of such real estate, or other person Inhabitants whose duty it was to have paid the same; and all taxes upon any real estate in said village shall be a lien thereon. XVIII. And be it further enacted, That any justice of the peace of the county of Jefferson, residing in the said village of Watertown, any freeholder or inhabitant of said village, shall be and are declared to hereby declared competent, respectively, to try, serve as jurors, or he compe- give testimony in any cause wherein the said trustees are parties, tent jurors. notwithstanding any remote interests they may have in the event of such suit, as members of the corporation of said village. XIX. And be it further enacted, That the village of Watertown, as described in this act, be, and the same is hereby constituted a road-district, and that the same be exempt from the superThe village intendance of the commissioners of highways of the town to which declared a said village belongs, or may hereafter belong; and the said trustees road district and exempt of the village of Watertown shall have all the powers over the said from the road-district, and discharge all the duties, which by law are given to commiss'rs or enjoined upon the said commissioners of highways, and subject to the like restrictions and appeals. of highways. CHAP. LXII. Erastus & others in corporated, AN ACT to incorparate the Criskany Turnpike Company. 1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That Erastus Cleveland, Job Herick, Moses Foot, junior, Thomas Hart, William Briton, Grant Cleveland Miller, Asa B. Sizer, Samuel Stow, and Elisha Wyllis and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the house of Samuel Stow, in the village of Log-city, in the town of Eaton, in the county of Madison, from thence to run north-easterly on the nearest aud most couvenient route, to intersect the third great western turnpike, near the house of Ezra Woodworth, in the town of Madison, then to leave said third great western turnpike at or near the house of Benjamin I. Starr, in the village of Madison, and run on the nearest and most convenient route, by Miller's mills, in the town of Augusta, in the county of Oneida, to Briton's mills, in by the name the town of Paris, and there to end, and their successors be, and of the Oris- they are hereby created a body corporate and politic, by the name kany Turn-of The President, Directors and Company of the Oriskany Turȧpike. Stock. pike," in fact and in name, and by that name they and their successors shall and may have continual succession, and be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, in all actions and complaints, matters and causes; anti by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of said corporation. Provided, that such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and to no other purpose whatsoever. II. And be it further enacted, That the stock of the said company hereby incorporated, shall consist of twelve hundred shares, of twe ty-five dollars each. And that Erastus Cleveland, Charles W. Hull Commissio and Thomas Hart be, and they are here by appointed commissioners to receive subscriptions for the said stock in the manner directed by the act, entitled "an act relative to turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven. ed. III. And be it further enacted, That the said company shall be entitled to erect two gates on said road, the oue between the Log-city Two gater and the village of Madison, and the other between the village of to be erectMadison and Briton's mills; and that they shall be entitled to exact and receive at the said last mentioned gate, so to be erected on the Tolls. said road, the following sums of money from all persons travelling or using the same; for every waggon or cart drawn by two horses, mules or oxen, twelve and one half cents, and three cents for every additional horse, mule or ox attached to such waggon or cart; for every cart or other carriage drawn by one horse, mule or ox, six cents, and for every additional horse, mule or ox attached to such cart or carriage, three cents; for every horse and rider six cents; for every horse led or driven three cents; for every stage waggon, chariot, coach or coachee, phaeton, curricle or other pleasure carriage drawe by two horses, twenty-five cents, and for every additional horse attached to such carriage, six cents; for every chaise, chair, sulkey, or other pleasure carriage drawn by one horse, twelve and an half cents, and in like proportion for every additional horse; for every sled or sleigh drawn by two horses, mules or oxen, six cents, and for every additional horse, mule or ox three cents; for every sled or sleigh drawn by one horse, mule or ox, four cents; for every score of cattle, horses or mules twenty-five cents, and for every score of hogs or sheep twelve and an half cents, and so in proportion for a First gate half toll. greater or less number. And at the said first mentioned gate so to be erected on the said road, they shall be entitled to exact and receive from all persons travelling on and using the same, one half of the rates of toll above detailed, and no more. 3 of whom a quorum. IV. And be it further enacted, That the number of directors 5 directors. hereby incorporated shall be five, three of whom shall be a quorum, and capable of managing the conceros and business of the company hereby incorporated; shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by Subject to the aforesaid act, entitled "an act relative to turnpike companies," conditionsof and shall be subject to all the conditions, provisions, restrictions and gen'l. turn pike act. regulations contained in the said act. CHAP. LXIII. AN ACT directing the Commissioners of the Land Office to sell Passed April 5, 1816. WHEREAS his excellency the governor has communicated to the legislature, that at a treaty recently held with the the Seneca Preamble. nation of Indians, for the purchase of such of the islands in the Niagara river as may be within the territory of the United States, it was proposed by them to present to Jasper Parish, esquire, their inter Ι |