perintendents to take charge of the expenditures of said sum for the object aforesaid, provided the said Henry Huntington, Clark Allen and Dan Taft shall first enter into a bond in double the amount of said sum to the people of this state, with two sureties to be approved of by the comptroller, conditioned for the faithful expenditure of said appropriation, according to the true intent and meaning of this act, and also for accounting to the comptroller for the said expenditure.

II. And be it further enacted, That the said superintendents Their com shall each be entitled for their services and expenses whilst pentation. necessarily employed in their duties aforesaid, to the sum of two dollars per day, payable out of the said appropriation, and

no more.

CHAP. CXIII.

An ACT for the Relief of Purchasers of Lots in the late Oneida
Reservation.

Passed April 2, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the time for the payment of the purchase money and interest of the lots in the late Oneida reservation be and hereby is extended to the first day of October next: Provided, That nothing in this act contained shall be construed to defeat or delay any suit or action brought against any of the purchasers or occupants of any of said lots until the person against whom such suit is brought shall have paid to the attorney-general the costs of such suit.

CHAP. CXIV.

An ACT for opening and making a Road from the town of Warwarsing, in the county of Ulster, to the town of Nevisink, in the county of Sullivan.

Passed April 2, 1813.

ers to open

I. BE it enacted by the people of the state of New-York, rep- Commisionresented in Senate and Assembly, That Benjamin Bevier, John a road. Broadhead, junior, and Andrew I. Lefevre, be and they are hereby appointed.commissioners for the purpose of opening and making a public road or highway, beginning at or near the house of Levi Kimble, in the town of Warwarsing, in the county of Ulster, and thence in the best and most direct route to or near the mills of Andrew I. Lefevre, in the said town of Warwarsing, and thence to or near a school house on the Nevisink road, near the Nevisink river, in such manner as the said commissioners shall judge most expedient and order; and the said commissioners shall explore and mark out the route for the said road, and shall respectively be entitled to two dollars for each day's actual and necessary service in which they shall be engaged in the performance of the duties required of them by this act; and the said commissioners shall respectively before they enter upon their said duties, execute a bond with sufficient surety to be approved of by the clerk of the county of Ulster, or

Affefliments

how to be

made for

road.

of the county of Sullivan, to the people of this state, in the penalty of one thousand dollars, conditioned for the faithful performance of the trust reposed in them by this act, which bond shall be filed in the office of the clerk approving thereof, and the said commissioners shall likewise take and subscribe an oath before some magistrate authorised to administer oaths, well and faithfully to execute their said trust, and the same shall be filed with either of the said clerks of Ulster or Sullivan county: And further. Any two of the said commissioners shall have power and authority to execute and perform all and singular the duties and services delegated to all the said commissioners by this act.

II. And be it further enacted, That the said commissioners shall, as soon as may be after the passing of this act, make an esopening the timate or assessment under their hands of the monies to be raised for the purposes of this act, that is to say, they shall assess the sum of eight cents upon every acre of land lying within one mile of the road hereby directed to be opened and made, and the sum of four cents upon every acre lying more than one mile and within two miles of the said road, designating in such assessment as near as may be the quantity of land owned or possessed by each owner or Occupant subject to such assessment; and where such land shall not be occupied, or the owner cannot be ascertained, then the said commissioners shall specify the same, and also describe the land with convenient certainty, which assessment being filed in the clerk's office of the county of Ulster, and a copy thereof in the clerk's office of the county of Sullivan, shall be a lien upon the land so assessed to the amount contained in such assessment, and the owners and occupants thereof respectively shall be liable to the amount assessed upon the land by them respectively owned or possessed; and if any of them shall not within ninety days after demand made by either of the said commissioners, or by some person by them authorised, or after publication of the amount as sessed upon his or their land in one of the public newspapers printed in the county of Ulster, pay the said amount so assessed to either of the said commissioners, then it shall be lawful for any justice of the peace of the county where said land lies, upon ap plication to him by either of the said commissioners, forthwith to issue a warrant directed to any constable of such county, commauding him to cause the sum assessed, with the costs of such warrant and constable's fees, to be levied of the goods and chattels of such owner or occupant, in the manner and time in which justices executions are served, and tɔ return the said monies to the said commissioners, or any one of them; or in case the said commissioners shall so elect, it shall be lawful for them to issue their warrant to the collector of taxes in the town where such lands lie, commanding him to levy and collect the sum or sums assessed in the manner in which he is authorised by law to levy and collect the taxes imposed on the inhabitants of such town, and such collector shall obey such warrant and make return there. of, with the monies collected, to the said commissioners, or one of them, within sixty days after he shall have received such warrant; and any neglect of duty in any constable or collector in the service of any warrant under this act to him directed, shall subject the offender to a penalty of twenty-five dollars, to be sued for and

recovered with costs, by and in the name of the said commissioners, or any one or more of them, before any court having cognizance thereof, and to be applied when recovered to the purposes contemplated by this act; and such constable or collector shall moreover be liable to the said commissioners for the amount by them so collected: Provided, That nothing in this act contained Proviso. shall authorise any assessment on land lying to the eastward or westward of the ends of the said road by lines to be run at right angles with the general course of the road.

cannot be collected, lands

Proviso.

III. And be it further enacted, That if any constable or col- If affediments lector to whom any warrant shall have been directed under the preceding section shall return that there are no goods or chattels may be fold to fatisfy the sufficient to satisfy the same, and that the same cannot be collect- fame. ed according to the command thereof, then it shall be lawful for the said commissioners to issue a warrant to the sheriff of the county where such lands subject to the same shall lie, wherein, after reciting the assessment made under this act, the default in payment, and the warrant directed to the collector or constable, and his return thereof, the said sheriff shall be commanded to levy the sum of money assessed, with the costs of such sheriff, of the lands or tenements so assessed in the manner in which executions of fieri facias out of the supreme court are served, and directing such sheriff to have the monies before such commissioners, or one of them, within three months after the delivery of such warrant to such sheriff; and such sheriff shall and may advertise and sell such land, or so much thereof at public auction as will be sufficient to satisfy such warrant and costs as aforesaid, and for advertising upon such warrant, and thereupon to execute a conveyance in fee to the purchaser, which shall be of like force and effect as if the same had been executed under a writ of fieri facias: Provided always, That the right, interest and estate of such purchaser shall cease in case the original owner, or any one for him or on his behalf, shall within two years from the time of sale, tender or pay to such purchaser, his heirs or assigns, the amount of the purchase money, with interest at and after the rate of fourteen per centum per annum from the time of sale by the said sheriff, and thereupon the land so sold shall revert in such original owner, his heirs and assigns, in like manner as if the same had never been sold under this act, and a clause to that effect shall be inserted in the sheriff's deed to the purchaser: And provided further, That the lands and tenements now owned or possessed by Benjamin Sears, of Orange county, and Simeon Freer and Lawrence Freer, of Ulster county, shall not be assessed under this act, nor in any way affected or prejudiced thereby. IV. And be it further enacted, That if either of the said com- Vacancies missioners should die, resign or refuse to act, or be otherwise how to be disabled or disqualified from acting, it shall be lawful for any three of the judges of the court of common pleas for the county of Ulster or Sullivan to supply such vacancy as often as occasion may require, which commissioner or commissioners so to be appointed shall exercise and enjoy all the powers and authorities, and be subject to the same restrictions and conditions as are by this act given to or imposed upon the commissioners therein named.

Q

filled.

the village.

CHAP. CXV.

An ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Binghamton.

Passed April 2, 1813.

I. BE it enacted by the people of the state of New-York, reBounds of presented in Senate and Assembly, That the district of country within the county of Broome, contained in the following bounds, that is to say, beginning at a button wood tree standing on the most southerly point of the island in the Chenango river known by the name of Lion's island, adjacent to the mills lately erected by Marshal Lewis, thence in a line running due east to the middle of Brandywine creek so called, thence southerly down the middle of said creek as it winds and turns to the Susquehannah river, thence southerly to the middle of said river, thence down the middle of said river as it winds or turns to a point or place in said river which a line would meet drawn due south from the southwest corner of a tract of land on the west side of the Chenango river purchased by Daniel Le Roy of the executors of William Bingham, esquire, deceased, thence due north to the southwest corner of the last mentioned tract of land, thence northerly along the west line of said tract of land to the southwest cor ner of the farm or tract of land owned by Selah Squiers, thence easterly along the south line of the said Selah Squiers's land to the middle of the Chenango river, and thence easterly to the place of beginning, shall hereafter continue to be known and distinguished Their ftyle by the name of "The Village of Binghamton," and the freeholders and inhabitants residing within the same, qualified to vote at town meetings, may on the first Tuesday in May meet at the court house in the said village, a notice whereof shall be made in wri ting, and signed by a justice or justices of the peace residing in the county of Broome, and put up in at least three public places within said village at least ten days before the said first Tuesday of May next, and then and there proceed to elect five discreet freeholders resident within the said village, to be trustees thereof, who when chosen shall possess the several powers and rights hereinafter specified; and such justice or justices shall preside at such election, and shall declare the persons having the greatest number of votes duly elected trustees; and on every first Tuesday of May after the first election of trustees there shall in like manner be a new clection of trustees for said village, and the trustees for the time bei..g shall perform the duties required from the said justice or justices in respect to notifying meetings and presiding at such elections.

&c.

Powers of

II. And be it further enacted. That all the freeholders and the trustees. inhabitants residing within the said limits be and they are hereby ordained, constituted and declared to be from time to time and for ever hereafter a body corporate and politic, in name and in fact, by the name and style of "The Trustees of the Village of Binghamton." and by that name they and their successors for ever shall and may have perpetual succession, and be persons in the law capable of suing and being sued, and of defending and being defended in all courts and places whatsoever, and in all manner of actions, causes and complaints whatsoever, and that they and their successors may have a common seal, and may change and

alter the same at pleasure, and shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of said village, and erecting any buildings, aqueducts, and digging any reservoirs for water for the use of said village, and for keeping in repair such buildings, aqueducts and reservoirs, of purchasing and keeping in repair fire-engines, ladders, buckets, and other instruments for extinguishing fire, for im proving the streets, erecting hay-scales, and for making any other regulations for preventing and extinguishing fires, preventing and removing nuisances, and relating to the price of bread in said village, that the said trustees may from time to time dcem necessary, and of raising a sum by tax for the purposes aforesaid not exceeding three hundred dollars in any one year: Provided, Proviso. That no tax shall be levied or money raised, assessed or collected for the purposes aforesaid, and purchase or sale of any real estate be made, and no building or reservoir be made or disposed of without the consent of the freeholders and inhabitants of said village, or the major part of them, at the annual meeting for the election of trustees first obtained.

be made.

III. And be it further enacted, That it shall be lawful for the By-laws may trustees of said village, or a major part of them, and their successors, to make, ordain, constitute and publish such prudential by. • Jaws, rules and regulations as they from time to time shall deem meet and proper, and for the benefit of said village, relating to the objects in the next preceding section, and not inconsistent with the laws of this state or the United States; and it shall be lawful for the said trustees to ordain, constitute and publish such fines and forfeitures for the breaking of any.such by-laws, rules and regulations as they may think expedient: Provided nevertheless, That Proviso. no forfeiture or fine shall be inflicted over and above the fine of ten dollars for any one offence against such by-laws.

and collector

IV. And be it further enacted, That the freeholders and Treasurer inhabitants qualified to vote for the trustees as aforesaid, at to be chofen. their annual meeting shall, and they are hereby authorised to choose one treasurer and one collector, being freeholders of said village, and the person having the greatest number of votes for each office respectively shall be deemed duly chosen; and in case a vacancy shall happen in either of the above offices, by death, removal from said village, or refusal to serve, the trustees shall have the power of appointing some other freeholder of said village to supply such vacancy until the next annual meeting, and the person so appointed shall be liable to the same penalties and restrictions as if duly elected at the annual meeting.

take an oath.

V. And be it further enacted, That the trustees, treasurer Officers to and collector shall, before they proceed to execute their respective offices, and within ten days after their election, respectively take and subscribe an, oath or affirmation before any justice of the peace of the county of Broome for the faithful execution of the office or trust to which they may be severally elected: Provided nevertheless, That the said treasurer and Proviso. collector before they take the oath or affirmation aforesaid shall respectively give security to the trustees of said village for the faithful discharge of their respective offices in such sum as a majority of them shall deem sufficient.