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into the stream of either of the said rivers, below low water mark, and at a suitable distance from the shore, or in such other manner as the said mayor, aldermen and commonalty shall or may from time to time direct.

XIII. And be it further enacted, That cotton in bales, which is the produce of North Carolina, South Carolina and Georgia, shall and may be brought into the city of New York at all times, Provided, nevertheless, That the commissioners of the health office shall be, and they are, hereby authorized to order and direct all such cotton as may be brought to said city, between the first day of June and the first day of November, to be landed and stored in such part of the city as will, in their judgment, be least injurious to health, any law to the contrary notwithstanding.

XIV. And be it further enacted, That in all cases where a penalty shall or may be contained in any by-law or ordinance of the said mayor, aldermen and commonalty, and the same not being higher than twenty-five dollars, a suit shall be brought for the recovery thereof, a warrant (if required) shall issue in the first instance against the defendant, and as soon as judgment shall be obtained for the recovery of such penalty, execution shall issue for the same, with costs of suit, without any respite or delay.

XV. And be it further enacted, That whenever, in the opinion of the mayor, aldermen and commonalty of the city of New York, in common council convened, it shall be necessary for the public convenience to open, extend, enlarge, straighten or otherwise improve any street or streets in the city of New York, it shall be lawful for the said common council to order and direct the same to be done accordingly, in such manner as they shall think most advisable, notwithstanding it may become necessary for that purpose to remove any building or buildings, or to take for that purpose any ground which shall be then built on or otherwise improved; and that the said mayor, aldermen and commonalty shall endeavor to treat and agree with the owners of, or those interested in, any building or buildings, or ground, to be removed or taken for the purposes aforesaid, as to the compensation to be allowed them respectively for what shall be so taken or removed, and the damages or injury the persons interested therein shall sustain thereby, and to pay them if they can agree; but if the persons so interested therein, or any of them, shall refuse to treat, or if the common council and the parties, or any of them, cannot agree, then the said common council shall pursue such measures in relation to compensation to be made to, or paying the damages and injury which the owners, or those interested therein, may sustain thereby, as are di

regu

rected by the second section of the act, entitled "an Act for
lating the buildings, streets, wharfs and slips in the city of New
York," passed the 3d day of April, 1801, which directions being
complied with, the same shall be binding and conclusive in the
manner in the said second section of the said act prescribed, in all
respects; and the right to the said streets, when so laid out and
made, shall vest in the said mayor, aldermen and commonalty of
the city of New York, in manner aforesaid.

XVI. And be it further enacted, That all the expenses which the said mayor, aldermen and commonalty of the city of New York shall incur, and the moneys which they shall pay or become bound to pay in consequence of the lawful exercise of the power and anthority conferred upon them by this act, shall be estimated and assessed among all the owners or occupants of all the houses and lots of ground intended to be benefited thereby, in the manner directed in and by the eleventh section of the act, entitled "An act for regulating the buildings, streets, wharfs and slips in the city of New York," passed the 3d day of April, 1801, and shall be binding and conclusive, and be collected in the manner therein prescribed: Provided, That when any building shall be removed or taken for the purposes in and by this act directed or authorized, it shall be in the discretion of the assessors to assess any portion of the sum to be paid therefor, not exceeding one third part thereof, on the mayor, aldermen and commonalty of the city of New York, who shall be bound to pay the same out of the city treasury.

XVII. And be it further enacted, That all the forms of proceed ings necessary to carry the sixteenth and seventeenth sections of this act, and the powers hereby conferred, into effect, shall be conformable, as far as shall be practicable, to the directions of the act herein last before mentioned and referred to, as though the same were herein again repeated.

XVIII. And be it further enacted, That if any person shall be sued for anything done in pursuance of this act, it shall be lawful for such person to plead the general issue, and to give this act and the special matter in evidence.

XIX. And be it further enacted, That this act shall be considered as a public act, and be liberally expounded and construed to ad: vance the ends thereof, and enable the said mayor, aldermen and commonalty to promote the health and improve the police of the said city.

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XX. And be it further enacted, That this act shall be and con- 41

tinue in force for three years from the passing thereof, and no
longer.(1)

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1806.-CHAP. IV.

CONTENTS.

9. Act of incorporation, to be constructed benignly.

2. Corporation, who the trustees thereof.

3. Style and corporate rights.

1. Estate, R. R. Randall, bequeathed to trustees for building a marine hospital, &c.
5. Officers, trustees to choose.

6. Security may be demanded of.

7. Officers to hold their offices during pleasure of trustees.

5. President and other officers, how elected.

2. Trustees.

4. Empowered to make rules, &c.

8. Five a quorum.

AN ACT to incorporate the Trustees of the Marine Hospital, called
the Sailor's Snug Harbor, in the City of New York.-Passed Feb-
ruary 6, 1806.

Whereas, it is represented to the Legislature, that Robert Richard
Randall, late of the city of New York, deceased, in and by his last
will and testament, duly made and executed, bearing date the first
day of June, in the year of our Lord one thousand eight hundred
and one, did, after bequeathing certain specific legacies therein
mentioned, among other things give, devise and bequeath all the
residue of his estate, both real and personal, unto the Chancellor of
this state, the mayor and recorder of the city of New York, the
president of the Chamber of Commerce in the city of New York,
the president and vice-president of the Marine Society of the city
New York, the senior minister of the Episcopal church in the said
city, and the senior minister of the Presbyterian church in the said
city, for the time being, and to their successors in office respective-
ly, in trust, to receive the rents, issues and profits thereof, and to ap-
ply the same to the erecting or building on some eligible part of the
land whereon the testator then resided, an asylum or marine hospi-
tal, to be called "the Sailor's Snug Harbor," for the purpose of
maintaining and supporting aged, decrepid and worn out sailors, as
soon as the said trustees, or a majority of them, should judge the
proceeds of the said estate would support fifty of such sailors and
upwards; and that the said testator, in his said will, declared his in-
tention to be, that the said estate should at all events be applied to the
purposes aforesaid, and no other, and if his said intent could not be
carried into effect without an act of incorporation, he therein ex-
pressed his desire that the said trustees would apply to the Legis-
(1) Made perpetual by act of 1806, chap. 126, p. 514, sec. 6, p. 516,

lature for such incorporation: And whereas, the said trustees have represented that the said estate is of considerable value, and if prudently managed will in time enable them to erect such hospital, and carry into effect the intent of the testator; but that as such trustees, and being also appointed executors of the said will in virtue of their offices, and only during their continuance in the said offices, they have found that considerable inconveniences have arisen in the management of the said estate, from the changes which have taken place in the ordinary course of the elections and appointments to those offices, and have prayed to be incorporated for the purposes expressed in the said will, and such prayer appears to be reasonable; Therefore,

I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That John Lansing, junior, the Chancellor of this state, De Witt Clinton, the mayor, and Maturin Livingston, the recorder of the city of New York, John Murray, the president of the Chamber of Commerce of the city of New York, James Farquhar, the president, and Thomas Farmer, the first vice-president of the marine society of the city of New York, Benjamin Moore, senior minister of the Episcopal church in the said city, and John Rodgers, senior minister of the Presbyterian church in the said city, and their successors in office respectively, in virtue of their said offices, shall be and hereby are constituted and declared to be a body corporate, in fact and in name, by the name and style of the trustees of the Sailor's Snug Harbor in the city of New York, and by that name they and their successors shall have continual succession, and shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and also, that they and their successors, by the name and style aforesaid, shall be capable in law of holding and disposing of the said real and personal estate devised and bequeathed as aforesaid, according to the intention of the said will, and the same is hereby declared to be vested in them and their successors in office, for the purposes therein expressed, and shall also be capable of purchasing, holding and conveying any other real and personal estate, for the use and benefit of the said corporation, in such manner as to them, or a majority of them, shall appear to be most conducive to the interest of the said institution.

II. And be it further enacted, That the said trustees shall have power, from time to time, to make all proper and necessary rules

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and regulations for the government of the said corporation, not inconsistent with the constitution and laws of the United States and of this state, and to elect one of their number to be their president, and to appoint a clerk and treasurer, and such other officers as they may think proper, for the management of the business and concerns of the said corporation, and to take and demand, if they shall deem it expedient, from every such treasurer and other offi cers, such security for the faithful execution of their duty, and the performance of the trust reposed in them respectively, as to the said trustees shall seem proper, and every bond or other security so taken by them, shall be valid in law, and entitle the said trustees to sue and recover therein, according to the legal operation or effect thereof; and the said officers shall respectively hold their 8 offices during the pleasure of the said trustees, and that any five or more of the said trustees shall constitute a quorum to transact any of the business and concerns of the said corporation.

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III. And be it further enacted, That this act shall be deemed and taken to be a public act, and be construed in all courts and places benignly and favorably, for the purposes therein intended.

1806.-CHAPTER CXXVI.

CONTENTS.

43. Act declared public and to be favorably construed.

13. Act to invest certain powers in the mayor, &c., to continue in force without limitation.

22. Alms-house and bridewell, power of the commissioners of.

33. Ashes, common council may direct the construction of deposits for-appoint examiners of.

2. Basins, public, corporation may direct to be formed, at their own expense.

16. Buildings, mayor, &c., may order pulled down in case of fire.

17. Buildings, damages sustained by pulling down, how ascertained.

18. Buildings, owners to be compensated for damages sustained by pulling down. 21. Buildings, sums assessed as damages for pulling down, to be defrayed by cor poration.

36. By-laws, ordinances, &c., to remain in force for the term of three years. 37. Proviso.

32. Chimneys, fireplaces, &c., in certain manufactories may be removed, &e.

14. Estimates, directed by a certain act, by whom to be made.

15. Estimates, persons appointed to make, to take an oath.

20. Fires, idle and suspicious persons may be removed from.

28. Fires, ordinances for prevention of, common council may pass.

29. Firemen, &c., common council may pass ordinances to compel their attendance at fires.

42. General issue, may be pleaded for all acts done under this law.

30. Gunpowder, common council may regulate the keeping, transporting, &c.

19. Jurors, mayor's court may compel their attendance on assessment of damages.