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TM* II. And be it further enacted, That the said trus

tees shall be authorised in their discretion to appointa clerk, superintendant, and such other officers, agents and servants as they shall from time to time deem necessary for carrying into effect the powers vested in said company, to declare dividends on the stock of said company, to establish rules and regulations, by ordinances and bye-laws, for and concerning the government of such officers, agents and servants, and for determining the compensation to which they shall be entitled, and for and concerning the manner of making transfers of the said stock, and the conduct and government of all such persons as shall use the water from said conduit, so far as it respects the preservation of the water furnished by the said company and the use thereof, and to restrain the waste thereof, and by such bye-laws and ordinances to impose penalties and forfeitures for refusal to comply therewith, so as that such penalty and forfeiture in any one case shall not exceed five dollars, which penalties or forfeitures shall be recoverable, in the name of the clerk or superintendent, before any justice of the peace of the village of Troy, with costs, in an action of debt. And for the purpose of effectually supplying the inhabitants of said village with water, it shall and may be lawful to and for the said trustees and company to lay and conduct any number of conduits necessary for and calculated to supply such water through or over any lands in the township or village of Troy, and in case of disagreement with the owner or owners of any lands or tenements as to the compensation to be made for the injury committed by such operations, or if the owner or owners be out of the state, feme coverts, under age 01 insane, that then and in such case it shall be lawful for any justice of the peace of the village of Troy, upon application of said trustees, to appoint three indifferent ptfj sons, being freeholders, to appraise such damages, and they or any two of them shall, with all convenient speed, make such appraisement and report the same to tw justice who shall have made sucn appointment in Mr ing subscribed by them, which report the said justice shall forthwith cause to be filed in the office of w

clerk of said county, with a certificate to be subscribed by him of his having made such appointment; that the said trustees shall thereupon pay to the owner or owners of such lands or tenements, or person or persons legally authorised to receive the same, whenever he, she or they shall demand the amount of such damages, and shall forthwith, after such appraisement shall have been completed, pay to such justice all the costs, charges attending the making such appraisement and perfecting such report, which payment shall be deemed full compensation for such injury, and that it shall and may be lawful to and for the said trustees and company to conduct and lay their conduits below the surface of any street or public highway in the said village or township of Troy, putting such street or public highway in as good condition as the same was before such conduits were laid.

III. And be it Jurther enacted, That if any person ^ri^futhe or persons shall wilfully stop, impair or break any con- Mn4,uu,!i'• duit, reservoir or any other matter or thing appertaining to the conducting or preserving the water aforesaid, he, she or they shall forfeit and pay 'O the trustees and company aforesaid treble the damages thereby sustained, to be recovered by the said trustees in an action of trespass, in any court having cognizance , thereof, with costs.

IV. And be it further enacted, That in case any election shall not be holden on the day which by this act is prescribed, the said corporation shall not therefor be dissolved, but it shall and may be lawful for the' stockholders to hold such election on any subsequent day within sixty days thereafter.

An ACT to divide the town of Olean, in the county of
Cattaraugus, and for other purposes.

Passed June 16, 1812.

I. T>E k enacted by the people of the state of New-
Jfj York, represented in Senate and Assembly,
That from and after the day preceding the first Tues-

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day of March next, all that part of the town of Olean aforesaid, lying on the north side of the line, running east and west between the third and fourth tiers of townships of the Holland land company's land in said county of Cattaraugus, shall be erected into a separate town, by the name of Ischua, and the first town meeting in said town shall be held at the house of Joseph M'Cluer in said town.

II. And be it further enacted, That all the remaining part of said town of Olean shall be and remain a separate town by the name of Olean, and the first townmeeting shall be held at the house of Sylvanus Rus

Ischua and

III. And be it further enacted, That the freeholders and inhabitants of said towns of Ischua and Olean shall be and hereby are empowered to hold town-meetings, and elect town-officers, and enjoy all the privileges that the freeholders and inhabitants of other towns in this state are enabled to do by law.

^ money IV. And be it further enacted, That as soon as may SivM«j. ^ after the first Tuesday of April next the overseers of the poor of the said towns of Ischua and Olean shal meet together at the house of the said Sylvanus Russell and apportion the poor maintained by the saii town of Olean, and the poor money belonging to the same, previous to the division thereof, agreeably totk last list, and each of said towns shall forever thereafter support their own poor.

And Whereas, by the act, entitled an act to divide the county of Genesee into several counties, and for other purposes, passed the 11th March, 1808 aforesaid county of Cattaraugus was, for county poses, annexed to the county of Niagara: And whereas, it has been represented to the legislature tl * "l" inhabitants of the said county of Cattaraugus arc to and would be much more conveniently accommodated if the said county of Cattaraugus were ani' to the county of Allegany; Wherefore, SSSST V- Be lt father enacted^ That from and after'* Aiiegany. passing of this act, the said county of Cattaraugus be annexed, for county purpopes, to the county-of

any thing in the last recited act to the contrary notwithstanding.

VI. And be it further enacted, That the inhabitants of the said county of Cattaraugus shall be and are hereby exempted, for and during the term of three years, from serving as jurors and constables in courts of record, or until said county contains five hundred taxable inhabitants, and is organized as a county agreeably to the provisions of the last mentioned act; but nothing herein contained shall be construed to exempt said inhabitants from serving as jurors or constables in any court of special sessions of the peace, or in any court held by any justice of the peace for trial of causes agreeable to law.

VII. And be it further enacted, That the inhabit- KKmpa ants of said county of Cattaraugus, who are enrolled JSS^J?5* in the militia, be exempted from attending regimental

and battalion trainings until the said county shall be organized as a separate county.

VIII. And be it further enacted, That if at the

time of passing this act there shall be in the hands of S^a^ the treasurer of the county of Niagara, or of the trea- cd ot% surer of the state, any monies justly due, or on account of the aforesaid town of Olean, the same shall remain due and payable in like manner as if this act had not been passed.

IX. And be it further enacted, That all monies Monies to be which shall hereafter be raised by county tax, in the Sttara"euS said couhty of Cattaraugus, during the time the said disposed oft county shall remain annexed to the said county of Allegany, shall be for the sole use of the said county

of Cattaraugus, the said county pf Cattaraugus paying its just proportion of all expenses arising from the annexation of it to the county of Allegany.

CHAP. CLXXIV.

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■ I. |J E it enacted by the people of the State of N'enoorotioif JJ York, represented in Senate and Assembly, That ?tajt0 whenever and as often as the mayor, aldermen and .■u,kc comm0naIty of the city of New-Yoik shall be desirous to open any street, avenue, square or public place, or any particular part or section of any street or avenue laid out by the commissioners of streets and roads in the city of New-York, under and by virtue of the act, entitled "an act relative to improvements touching the laying out of streets and roads in the city of NewYork, and for other purposes," passed April 3d, 1807; and also whenever and as often as so many proprietors of lands fronting on any such street, avenue, square or public place, or on any particular part or section of any such street, avenue, square or public place, as shall together own three fourth parts of all the lands fronting on such street, avenue, square or public place, or on such part or section of any such street, avenue, square or public place, shall, by petition, desire the said mayor, aldermen and commonalty to open any such street, avenue, square or public place, or any such particular part or section of any such street, avenue, square or public place, and the said mayor, aldermen and commonalty shall deem the opening 'hereof to be necessary or useful, it shall be lawful for the said "mayor, aldermen and commonalty to cause the same to be opened and the lands, tenements and hereditaments that may be required for the purpose of opening the same may be taken for that purpose, and compensation and recompence made to the parties and persons, if any such there shall be, to whom the loss and damage thereby shall be deemed to exceed the benefit and advantage thereof for the excess of the damage over and above the value of the said benefit in the manner hereinafter for that purpose directed and

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