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ing legislative provision for the re-payment of the same: Therefore,

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in favour of

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I. Be it enacted by the People of the State of New-York, Comptroller represented in Senate and Assembly, That the comptroller warrant on shall draw his warrant on the treasurer in favour of the the treasurer, said corporation, for the amount of the interest now due the faid coron the monies so borrowed as aforesaid, at and after the portion for rate of six per cent per annum. 11. And be it further enacted, That the comptroller shall His further annually, on the first Monday in October in every year, premifes. draw his warrant on the treasurer for the sum of nine thousand dollars in favour of the said corporation, until the whole of the said sum of forty-five thousand dollars, with the interest accruing thereon, shall be paid, which sum、 shall be paid out of monies then in the treasury not otherwise appropriated.

City of Albany.

NINETEENTH SESSION. CHAP. XXVI.
An ACT to enable the Corporation of the City of Albany to
supply the said City with Water by means of Conduits.
Passed 11th March, 1796.

WH

duty in the

Obsolete.

HEREAS the corporation of the city of Albany Preamble. have prayed the legislature to be enabled to supply the said city with spring water by means of conduits intended to be laid through lands belonging to others as well as through lands belonging to the said corporation, and legislative provision being necessary in the premises, Therefore,

I. Be it enacted by the People of the State of New-York; represented in Senate and Assembly, That the said corporation by themselves or by an engineer or other person to be by them employed, may enter upon any land or lands through which they shall deem it proper to carry any conduits, lay any reservoirs or make any other devices for the purpose of supplying the said city with water from any spring or springs in the vicinity and within the limits thereof, and to lay out and survey so much ground for the same as shall be deemed necessary, to be ascertained in manner hereinafter mentioned; and it shall and may be lawful for the said corporation to contract and agree with the owner or occupants severally of the lands through which such conduits are intended to be carried, or such reservoirs and other devices to be placed, if they can agree with such owners or occupants, but in case of disa greement, or in case any owner or occupant shall be feme

Corporation

may enter on
fite for con-

lands requi

duits.

In cafe of difagreement to

and map to

be made, &c.

covert, under age, non compos mentis, or out of the state, the lands intended to be taken for the purpose aforesaid shall be appraised, and the damages assessed by appraisers to be appointed in manner hereinafter directed.

II. And be it further enacted, That in case the said corcaufe a furvey poration cannot agree with all the owners or occupants of the land through which such works shall be carried or erected, they shall previous to any appraisement to ascer, tain the value thereof and of the damages to be assessed, cause a survey and map to be made of the tract or direction in which it is intended such conduits shall run, and of the ground in their estimation requisite for such conduits, reservoirs and other devices, in the field book of which survey and maps shall be specified and distinguished the lands of each of the several owners and occupants intended to be appropriated to the works aforesaid, and the quantity thereof, and shall exhibit such field book and map to the justices of the supreme court, or to any two of them, and if such justices shall be of opinion that the land so surveyed and laid out is not more than requisite for the intended works, they shall certify such field book and map under their hands and seals, and cause the same to be filed in the office of the clerk of the city and county of Albany, there to remain as a public record; and it shall then be lawful to and for the said justices, by a writing under their hands and seals, to appoint not less than three nor more than five discreet persons, none of whom shall be inhabitants of the said city or interested in the lands so surveyed as aforesaid, to appraise the premises specified in such field book Appraisers to and delineated on such map; and it shall be the duty of the appraisers, or a majority of such as shall be appoint, ed, to examine the lands of each person, owner or occupant so intended to be appropriated, and to ascertain the value thereof and of the damages which each may sustain by such appropriation, and to make a regular entry of each valuation and assessment of damages in a book to be by them kept for that purpose, and having completed the valuation and assessments, they shall certify the same under oath to be a true, fair and impartial valuation and assessment, to the best of their belief; and shall then cause such book (the execution of the certificate being first duly proved or acknowledged) to be filed in the office of the clerk aforesaid, there to remain as a public record; and from thence forward the lands and tenements mentioned and specified in the field book and delineated on the map filed in the said office, shall be and hereby is vested in fee simple in the said corporation and their successors; Provided always, That such vesting shall be on the conditions following, to wit: That whenever the chamberlain of the said corporation shall be applied to and required by the owner or occupant of any of the lands

examine the land and afcertain the

value thereof.

Fee fimple of

the land when appraised vefted in the corporation on certain conditions.

so valued and assessed, or by the legal representatives of any feme covers, person under age, non compos mentis, or person not within the state, for the sum of money which to such applicant shall appertain, to be ascertained from the book so certified and filed by the appraisers as aforesaid, and shall neglect or refuse to pay such applicant the assessed value and damages, with legal interest from the time of the filing of such book by the appraisers, it shall thenceforth be lawful for the person entitled to the amount of such valuation, damages and interest, by himself or herself, his or her legal representative or attorney, to prosecute the said corporation for the same in any court within the said city and county having competent juris diction, and if the prosecutor prevail in such suit, he or she shall have judgment in his or her favour with dama. ges and treble costs.

III. And be it further enacted, That if any person shall wilfully injure, damage or destroy any of the said conduits, reservoirs or other devices thereunto appertaining and shall be thereof convicted, the person so offending shall forfeit and pay a fine of ten pounds to the use of the said corporation, to be recovered with costs of suit before any justice of the peace, and shall moreover be liable to a suit in damages, and if a verdict is obtained against such offender, damages with treble costs shall be recovered by the said corporation.

Penalty on hall wilfully damage the

perfons who

conduits.

may

laws for pro

conduits.

IV. And be it further enacted, That it shall and may Corporation be lawful for the said corporation from time to time, to eftablish make and establish such ordinances relative to the protec-tecting faid tion of the conduits and other works incident thereto, as they in their discretion shall deem meet and proper, not contrary to the constitution and laws of this state, nor shall any penalty be inflicted by any such ordinance which shall exceed the sum of forty shillings.

TWENTY-FOURTH SESSION. CHAP. CLIII. An ACT to reduce several Laws relating particularly to the City of Albany, into one Act, and to make further Alterations in the Charter of the said City.

WH

Passed 4th April, 1801.

HEREAS the mayor, aldermen and commonalty Preamble. of the city of Albany in common council conven

ed, have by petition under their common seal, prayed the legislature that the alterations hereinafter contained may be made in the charter of the said city, and incorporated with the several laws particularly relating to the said city into one act; Therefore,

Í. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be law

When char

ter officers to

be appointed.

Aldermen, affiftants and chamberlain when to be chofen. When to be fworn into office.

Bounds of the ift ward.

Of the 4th ward.

ful for the person administering the government of this state, by and with the advice and consent of the council of appointment, yearly hereafter to appoint the several charter officers in the said city who are to be annually so appointed, at any time during the session of the legislature in each year; and every officer so appointed shall hold his office for one year, and until another shall be appointed and sworn in his stead; and that the election of aldermen, assistants and chamberlain, for the said city, shall for ever hereafter be held on the last Tuesday of September in every year; and that the said aldermen, assistants and chamberlain instead of taking the oaths of office pursuant to the directions of the charter of incorporation granted to the mayor, aldermen and commonalty of the said city, on the fourteenth day of October in every year, shall hereafter take the said oaths or affirmations in the manner prescribed in and by the said charter, on the second Tuesday of October in every year.

II. And be it further enacted, That all that part of the said city now known and called by the name of the first ward, and lying westerly of the following line, to wit: Beginning on the north side of State-street at the southwest corner of the store now occupied by Stewart and Townsend and running from thence across said State-street to and through the middle of Green-street to the intersection of Bone-lane with said Green-street, from thence with a straight line to and through the middle of Frelinghuysen-street to the south bounds of the said city, shall continue to be known and called the First Ward of the said city; and that all that part of the said city now known and called by the name of the Fourth Ward and lying on the east side of the line aforesaid, shall continue to be known and called the Fourth Ward of the said city; and that the electors of the said two wards, who are qualicouncil how fied in the manner hereinafter prescribed, shall have and enjoy the same rights and privileges, in every respect as. those of the other wards in the said city are entitled to; and that hereafter four aldermen and four assistants together with the mayor or recorder, shall be necessary to form a common council: And further, That that part of city hall con. Pearl-street which lies north of Fox's creek, and that part of the said city which lies to the north of the said creek and to the west of the said street, shall continue to be part of the second ward of the said city.

Common

formed.

A part of the

tinue to belong to the 2d ward.

Qualifications of electors.

III. And be it further enacted, That all male persons being citizens of the United States and above the age of twenty-one years, who shall have resided in the said city for six months next preceding any election for aldermen, assistants or constables, and paid taxes within the same, or shall be possessed of a freehold, or shall have rented a tenement of the yearly value of five dollars for the term of

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one year
within the same, or being an inhabitant and born
within the said city of the age aforesaid, and no other
person shall have a right to vote at such election within
the wards in which they shall then actually reside: And
further, That every person offering to vote at any such
election, shall before he be admitted to vote take the fol-
lowing oath or affirmation, if required so to do by the al-
dermen presiding at such election, that is to say:

" I do solemnly swear and declare (or, affirm, as the Electors'oath case may be) that I am a citizen of the United States and of the age of twenty-one years, and have resided within this city for six months last past and paid taxes within the same, or, that I am possessed of a freehold, or, have rented a tenement of the yearly value of five dollars for the term of one year within the same, or, that I was born within the said city and now actually reside within the ward of this city, and have

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chofen for

each ward.

not been before polled at this election."
And that it shall be lawful for the voters at every such Two confta.
election to choose two constables for each of the said bles to be
wards; and that if any person offering to vote as afore-
said shall refuse to take the oath or affirmation above pre-
scribed to be by him taken, when thereunto required by
the aldermen presiding at such election, his vote shall be
rejected and disallowed, any charter, law, usage or cus-
tom to the contrary notwithstanding.

When certain deemed to be vacant.

offices fhall

to be held to

IV. And be it further enacted, That if any of the aldermen or other officers of the said city, chosen as aforesaid, shall die or remove out of the said city before the expiration of the time for which he was chosen to serve in any such office, or shall not be legally qualified to serve in such office, then and in every such case such office shall be deemed to be vacant, and the said mayor, aldermen Howelections and commonalty in common council convened, shall and fupply fuch may order an election to be held to fill every such va vacancies. cancy, and appoint a place in the ward for which such election is to be held, and a time, not less than five days after the making of such appointment, for holding such election, and shall forthwith give notice thereof to the aldermen of the ward in which such vacancy shall happen, and the said aldermen shall thereupon by advertisements put up in at least three of the most public places in such ward, give notice thereof to the electors of the ward.

&c. of the recorder may act in his

mayor, the

V. And be it further enacted, That it shall be lawful, In the absence as often as the mayor of the said city shall be sick, die or be absent therefrom, for the recorder of the said city to convene and hold the common council of the said city in like manner as the mayor of the said city is empowered to convene and hold the same.

VI. And be it further enacted, That in case the cityhall of the said city shall at any time be destroyed, or it shall in any wise become inconvenient for the common council to assemble there, it shall be lawful for the mayor

ftead.

When the common coun. held at a place

cil may be

different from

the city-hall.

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