rules for the of the fire. the thirteenth section of the act hereby amended: And Also to make further, That the said trustees shall have power to government make, ordain and establish such rules and regulations men." for the government, duty and behaviour of the persons so to be appointed firemen, in the frequent working, using and trying of the said engines, tools and other instruments, and to impose such fines and penalties upon such firemen, or any of them, for default in performing the duties thereby to be enjoined or required from them, as the said trustees may think proper, not exceeding the sum of five dollars for any one offence: And further, That it shall be lawful for the said trustees to appoint proper officers for the government and direction of the said firemen, and from time to time to remove such of the firemen as they shall deem proper, and appoint others in their stead. VII. And be it further enacted, That it shall be lawful for the said trustees to make such prudential by laws as they may think proper, to regulate and prevent the selling or exposing to sale within the said village, of any kind of marketable thing, in public market, or from any waggon or other carriage, or in any other manner, on the Sabbath day. By laws may regulate sales be made to may fill va VIII. And be it further enacted, That the said trus. The trustees tees shall have power to fill all vacancies happening by cancies. death or otherwise, in their own body, or in any of the offices constituted in the said village by the act hereby amended, and the person or persons appointed by the said trustees to fill any such vacancy or vacancies, shall hold the said appointment until the next annual election in the said village: And further, That if at any election of trustees and other officers in the said village, any two or more persons shall have an equal number of votes, the inspectors of said election shall have power to determine which of the said persons so having an equal number of votes, shall be elected. may sue for IX. And be it further enacted, That all fines, for- The trustees feitures and penalties imposed by this act, and the act fines, e. hereby amended, or by any by laws of the said village, made in pursuance of either of the said acts, may be sued for and recovered by the said trustees, in the man ner prescribed in the ninth section of the act hereby amended: And further, That this act, and the act here by amended be, and are hereby declared public acts. WH CHAP. XLVII. An ACT for the Relief of Thomas Belshaw and others. Passed May 26th, 1812. HEREAS Robert McClallen, of the city of Albany, did, on the eleventh day of February, one thousand seven hundred and ninety-five, in pursuance of an act of the legislature of the state of New-York, entitled "an act further to amend an act, entitled "an act for the more speedy sale of the confiscated and forfeited estates within this state, and for other purposes therein mentioned," passed May 1st, 1786, purchase from the people of the state of NewYork, all that certain lot, piece or parcel of land, situate in the town of Warren, in the county of Herkimer, known by the name of lot number five, in Henderson's patent, containing one thousand and fifty acres of land, deemed to have become forfeited to the people of the state of New-York, by the attainder of Isaac Low, for which the said Robert McClallen paid to the people of this state the sum of seven hundred and eighty-seven dollars and fifty cents, and received a deed for the same lot of land, from the surveyor-general, pursuant to the provisions of the before-mentioned act, the right to which said lot of land so purchased as aforesaid, afterwards by divers mesne conveyances, became vested in Thomas Belshaw, Josiah Webster, Adam A. Staring, Samuel Williams, William Williams, Frederick Lyman, Gurdon Lathrop and Nathan Starkweather, all of the town of Warren, aforesaid: And whereas, it appears to the legislature, that at the time of the attainder of the said Isaac Low, he was seized only of the one equal half part of the said lot of land, and that one Theophilact Bache was seized of the other equal half part of the said lot of land: And whereas, it also appears that the assignees of the said Theophilact Bache brought suits in ejectment against the said Thomas Belshaw, Josiah Webster, Adam A. Staring, Samuel Williams, William Williams, Frederick Lyman, Gurdon Lathrop and Nathan Starkweather, and that they have been compelled to purchase from the said assignees the one equal half part of the said lot of land, at and for the price of two thousand dollars: And whereas, the said Thomas Belshaw, Josiah Webster, Adam A. Staring, Samuel Williams, William Wil. liams, Frederick Lyman, Gurdon Lathrop and Nathan Starkweather, have by their petition humbly prayed relief to be granted them in the premises: Therefore, BE it enacted by the people of the state of New-. York, represented in Senate and Assembly, That the one equal half part of the said consideration money so paid by the said Robert McClallen as aforesaid, for the said lot of land, together with the interest thereon, at six per cent. per annum, from the eleventh day of February, in the year one thousand seven hundred and ninety-five, to the day of passing this act, be paid to the said Thomas Belshaw, Josiah Webster, Adam A. Staring, Samuel Williams, William Williams, Frederick Lyman, Gurdon Lathrop and Nathan Starkweather, and that the comptroller be, and he is hereby authorised and directed to draw his warrant on the treasurer of this state, in favor of each of them, the said Thomas Belshaw, Josiah Webster, Adam A. Staring, Samuel Williams, William Williams, Frede rick Lyman, Gurdon Lathrop and Nathan Starkweather, for such proportion of the said sum of money and interest as aforesaid, as his share in the land so recovered by the assignees of the said Theophilact Bache as aforesaid bears to the whole lands so recovered as aforesaid, and that the treasurer pay the said warrants out of any monies then in the treasury, not otherwise appropriated. CHAP. XLIX. An ACT to amend an Act, entitled "An Act relative W rised and empowered to sell and convey the lands whereof Miles Sherbrook died seized: And whereas, it is represented to the legislature by the said John Mowatt, junior, that divers persons have wrongfully taken possession of some part of the said lands, and refuse to give up the possession thereof, and that trespasses to a very great extent have been committed on the said lands since the death of the said Miles Sherbrook, and that in order to carry into effect the provisions of the before-mentioned act, it is necessary that the said John Mowatt, junior, be authorised to institute suits in ejectment in his own name, as lessor, to recover possession of the said lands, and suits in trespass, in his own name, for trespasses committed on said lands since the death of the said Miles Sherbrook: Therefore. 1. BE it enacted by the people of the state of NewYork, represented in Senate and Assembly, That it shall and may be lawful for the said John Mowatt, juníor, to institute suits in ejectment, in his own name, as lessor, against any person or persons in possession of any of the lands whereof the said Miles Sherbrook died seized, within this state, and to lay the demise as of any day subsequent to the death of the said Miles Sherbrook, and also in his own name to institute suits in trespass for any trespasses done or committed on any part of the said lands since the death of the said Miles Sherbrook, and the same suits in ejectment and trespass to prosecute to judgment and execution, in as full and ample a manner as though he, the said John Mowatt, junior, had been actually seized in his own right of the said lands in fee simple, and the money thence arising to appropriate in the manner directed by the before-mentioned act. II. And be it further enacted, That the said John Mowatt, junior, shall have full power and authority to appoint one or more attornies, for the purpose of car rying into effect the provisions of this act, and the act before-mentioned, and to authorise and empower his said attorney or attornies as his substitute, and unde him to convey all or any of the said lands whereof the said Miles Sherbrook died seized, upon the sam terms and conditions as in the before-mentioned act expressed. CHAP. L. An ACT to amend the act, entitled "An act to establish a turnpike corporation for making and improving a road, beginning at the dwelling house of Stephen Parsons, in New-Baltimore, in the county of Greene, to intersect the Albany and Delaware turnpike, between the house of John Preston and Jenkins's mills, in the town of Rensselaerville, in the county of Albany. W Passed May 26, 1812. HEREAS the president and directors of the New-Baltimore and Rensselaerville turnpike road, have by their petition, represented to the legislature that they have completed all the said road, and erected good bridges thereon, but that by reason of the dissatisfaction of, and the opposition made by the inhabitants who reside on and contiguous to the eastern and western parts of said road, on account of the western toll-gate thereon, the said president and directors have consented and are willing to give up those parts of the said road, to be made a free public highway: Therefore, Preamble. Part of this clared a pub 1. BE it enacted by the people of the state of NewYork, represented in Senate and Assembly, That all that part of the said road beginning where the same intersects the old state road near the dwelling-house of Coenrad T. Hoghtalin, in the town of New-Balti- turnpike de more, from thence to the village of New-Baltimore, lic highway. and also another part of the said road beginning fifty rods west of the place where Peter Shear's black-smith shop now stands; from thence to the western extremity of the said road, shall be and the same are hereby declared to be free public highways; and shall be worked and kept in repair, from and after the passing of this act, in the same manner as other public highways are directed by law to be worked and kept in repair: and that it shall not be lawful for the said president and directors to erect any toll-gate on, or demand |