procuring the patent issued to the said Stephen Allen, and the comptroller shall draw his warrant on the treasurer for payment of the monies hereby directed to be so audited and allowed.

BE

CHAP. LXXXIII.

An ACT for the relief of Archibald Burges. Passed March 26, 1813. E it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be lawful for the commissioners of the land-office, and they are hereby required to grant letters patent to Archibald Burges in fee for two hundred acres of land, in a tract set apart for the use of the troops in the line of this state in the army of the United States, as a com pensation for the services of the said Archibald Burges, rendered as a soldier in the line of this state during the revolutionary war.

CHAP. LXXXIV. An ACT appointing Commissioners to lay out the Roads therein mentioned within the Counties of Ontario, Seneca, Cayuga and Onondaga.

I.

Passed March 26, 1813.

1. BE it enacted by the people of the state of Nen

York, represented in Senate and Assembly, That Gilbert Howell of Ontario, Jonas Seely of Seneca, and Isaac Smith of Cayuga, be and they are hereby appointed commissioners to lay out the following roads, to wit: the first to begin at or near the sixty-one mile post at the north end of the Seneca lake, in the line between the counties of Ontario and Seneca, or as near the line as the ground will admit, to the bridge over the Canandagua outlet, near the house of Henry Cruger, in the town of Galen, thence on the nearest and most eligible route to the south end of Great Sodus Bay; the other of which to begin at the village of Oswego, and running a southwesterly course through the towns of Hannibal, Sterlingand Wolcott, so as to intersect the roading from GreatSodus Bay to the blockhouse in the town of Galen at the bridge over the Canandagua outlet, and cause the survey and map of the same to

be lodged with the clerks of the several counties thro' which the same shall be laid out, and that the same when so laid out shall be deemed and considered as public highways, and shall be opened and kept in repair by the inhabitants of the several towns through which the same shall pass.

II. And be it further enacted, That each of the said commissioners shall be allowed for his services as aforesaid two dollars per day, for each and every day he shall be employed in the same; and it shall be the duty of the respective boards of supervisors of the several counties through which the said roads shall be laid out, to make provision for such compensation as soon as may be after the performance of the service hereby required.

I.

B

CHAP. LXXXV.

Bounds of

An ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Whitesborough, and for other purposes. Passed March 26, 1813. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the district of country comprehended within the following bounds, to wit: beginniug on the south bank of the the village Mohawk river, at the mouth of the Sadaqueda creek, thence running southerly on the west line of Cosby's manor to a point opposite the southerly line of the lot on which stands the Oneida cotton factory, thence northwesterly along said line and to the southeast corner of the house lot of Arthur Breese, from thence northerly to the intersection of the road leading from the house of Jesse Dodge to the old Genesee road, from thence northerly until the line strikes a point on the west side of the main road leading from Whitesborough to Rome, where the west line of the Sadaqueda patent intersects said road, thence northerly on the line of said patent to the Mohawk river, thence down said river to the place of beginning, shall continue to be known and distinguished by the name of the village of Whitesborough; and Privileges the freeholders and inhabitants residing within said vil- of the inlage, qualified to vote at town-meetings, may on the second Tuesday in May next, meet at some proper place

habitants.

in said village, to be notified to the inhabitants of said village at least one week previous to said second Tuesday in May by any justice of the peace of the county of Oneida, and then and there proceed to elect by ballot five freeholders, resident within the said village, to be trustees thereof, and such justice shall preside at said meeting and declare the five persons having the greatest number of votes as duly elected trustees, and on every second Tuesday of May after the said first election of trnstees, there shall in like manner be a new election of trustees for the said village, and the trustees of the said village for the time being, shall preside at such elec tions and notify the meetings of the inhabitants for that purpose in the same manner as said justice is authorized to notify and preside at said first meeting.

Style and II. And be it further enacted, That the freeholders powers of and inhabitants residing in the aforesaid village, are

the trus

tees.

hereby constituted and declared to be a body politic and corporate by the name of the "trustees of the village of Whitesborough,” and by that name they and their successors shall have perpetual succession, and be persons in law capable of suing and being sued, and of defending and being defended in all courts and places whatever, in all manner of actions and causes, and may have a common seal and alter the same at pleasure, and shall be capable of purchasing, holding and conveying any estate real or personal, for the use of said village, and of erecting any public buildings for the use of said village, and of raising money by tax, not exceeding three hundred dollars in one year, for purchasing of land, for erecting and repairing public buildings, for purchasing and keeping in repair fire-engines, ladders, buckets and other utensils for the extinguishing of fires, and for erecting markets and hay scales, and for making any other necessary improvements in said vil Proviso, lage: Provided, That no tax shall be laid, levied or collected, and no purchase or sale of any real estate shall be made, and no public building erected or dis posed of without the consent of the major part of the freeholders and inhabitants of said village attending at their annual meeting for the election of trustees first

obtained.

may make

III. And be it further enacted, That it shall be lawful for the trustees of said village, or the major part of them, to make and publish such prudential bye-laws, Trustees rules and regulations, not inconsistent with the laws of bye-laws. this state or the United States, as they shall think proper, relating to the prevention or extinguishing of fires, to the protection and preservation of the sidewalks on the highways and streets of said village, to preventing of nuisances and horse racing in said village, to the erection and regulation of markets and hayscales, and to the prevention of the running at large in said village of horses and swine.

IV. And be it further enacted, That the said trustees, or the major part of them, may make, ordain and Penaltyfor impose such fines for the breach of their bye-laws, rules them. and ordinances as they shall think proper, not exceeding twenty-five dollars for any one offence, to be recovered before any justice of the peace or court having cognizance thereof, for the use of said corporation.

Treasurer

to be cho

sen.

V. And be it further enacted, That the freeholders and inhabitants of said village shall at their annual meeting in every year hereafter, choose one collector &collector and one treasurer, being freeholders of said village; and in case a vacancy shall happen in either of said offices during any year, it shall be the duty of the trustees, or a major part of them, within ten days thereafter, to appoint some suitable person to fill such vacancy, and the person to be so appointed shall be vested with like powers and be subject to the same restrictions and penalties, as if elected by the freeholders and inhabitants of said village.

oath,

VI. And be it further enacted, That the said trus- They shall tees, treasurer and collector, shall within ten days after take an their election, and before they proceed to execute their several offices, respectively take and subscribe an oath or affirmation before any justice of the peace of the county of Oneida, for the faithul execution of the office to which they may severally be elected.

VII. And be it further enacted, That the treasurer And give and collector to be annually elected shall, before they security. enter on the execution of their offices respectively

elected.

give such security for the faithful performance of the trusts reposed in them, as the major part of the trustees for the time being shall deem sufficient.

VIII. And be it further enacted, That if any one of Penalty for the inhabitants of said village, qualified as aforesaid, ing when shall be elected or chosen a trustee, and having notice of his said election, shall refuse or neglect to take upon him said office, it shall be lawful for the trustees who do accept said office to impose, at their discretion, a fine on any person so neglecting or refusing, not exceeding twenty-five dollars, to be recovered in the same manner as other fines and penalties are to be recovered by vir tue of this act, and to the use of said village, and that in all cases where any fine or penalty is imposed by vir tue of this act, the same shall be recovered by an ac tion in the name of the corporation, before any proper court; and it shall be sufficient for the trustees in any such action to declare, that the defendant is indebted to the said trustees by virtue of this act, and to give the special matter in evidence.

IX. And be it further enacted, That it shall be YFiremen ful for the trustees of said village, or the major part may be appointed. them, to appoint not exceeding twenty-five fire-mer and the same or any one of them, to remove at thei pleasure, and appoint others in their stead.

X. And be it further enacted, That it shall be the duty of the said trustees annually to assess on the sev Assess- eral inhabitants of the said village, the amount of the be made. taxes which the freeholders and inhabitants of the said

ments may

village shall at their annual meeting determine to be raised and collected, in proportion to the advantages which the said trustees shall deem to result to each such inhabitant from the said taxes: Provided, That if any person shall conceive him or herself aggrieved by any such assessment, it shall be lawful for such person to appeal from the determination of said trustees to any three justices of the peace in the county of Oneida, giving notice to the said trustees of such appeal, and of the time and place of determinating the same, and the determination of said justices shall be final in the premises.