Proviso.

Further proviso.

By-laws may be made.

Common

chosen.

to be chosen from among the freeholders in the said village, at their annual meetings, and collected by a collector to be appointed by the trustees aforesaid, for the time being, by virtue of a warrant for that purpose, signed by the trustees, or a majority of them, and when so collected, shall be paid over to the said trustees, or such of them as they may designate, to be applied to the purpose for which the same shall have been raised: Provided nevertheless, That no tax shall be levied, or monies assessed, raised or collected for the purposes aforesaid, nor any purchase or sale of any real es tate be made, nor any public buildings erected, or disposed of, without the consent of the freeholders and inhabitants aforesaid, or the major part thereof, at a public meeting, duly notified by the trustees of the said village: And provided further, That every assessment made for the raising, levelling, paving or repairing any streets, alleys or highways, shall be assessed on, and collected from the lots and ground next adjacent to such street, alley or highway, in proportion to their relative value, and the advantages to be de rived from such improvement.

III. And be it further enacted, That it shall be lawful for the said trustees, or the majority of them and their successors, to make and publish such prudential rules and regulations, as they from time to time shall deem meet, relative to the draining, filling up, paving, keeping in order and improving the streets, alleys or highways, relative to the public markets, relative to all necessary means for preventing and extinguishing fires, relative to slaughter-houses and nuisances, relative to the suppression of vice and immorality, and any thing whatsoever that may tend to the police and good government of the said village, which may not be inconsistent with the constitution or laws of the United States, or of this state; and may make and provide such reasonable fines against the breach of such laws, as they may think proper, not exceeding twenty-five dollars for any one offence, to be prosecuted and recovered by the said trustees, in their own name, before any justice of the peace in the county of Rensselaer, for the use of the said freeholders and inhabitants.

IV. And be it further enacted, That the freeholders and inhaelerk may be bitants aforesaid may, on the said second Tuesday of May next, and at every annual meeting thereafter, elect as aforesaid, a fit person, resident in the said village, to be a common clerk, whose duty it shall be to record all rules and regulations made by the said freeholders and inhabitants, at their meetings aforesaid, in a proper book to be by him provided for that purpose, and also to do all things that the said trustees, or a majority of them shall direct, under the powers vested in them by this act.

V. And be it further enacted, That the trustees, assessors Trustees, as- and clerk, so to be chosen as aforesaid, and the collector to be by clerk to take the said trustees appointed as aforesaid, shall, within ten days after

sessors and

an oath.]

each and every election, and before they proceed to the excercise of their several offices, respectively take and subscribe an oath or affirmation, before any justice of the peace in the said village or county, for the faithful performance and execution of the trust or office to which they may be severally chosen or appointed.

be rendered.

VI. And be it further enacted, That the said trustees shall Accounts to keep a just and accurate account of their necessary expences and disbursements, and of all monies received and paid by them during their continuance in office; and shall at every annual meeting prepare and state the accounts of the current year, and if a balance shall remain in their hands, pay the same over to their successors in office, or such of them as a majority of them may designate; and that it shall be lawful for the trustees of the said village for the time being, to pay the assessors and collector such suitable compensation for their services, as they may deem proper, by a by-law of the said corporation.

VII. And be it further enacted, That this act is hereby declared to be a public act; and that the same be construed in all courts favorably and benignly for every beneficial purpose herein This is a pub contained.

act.

CHAP. CLXXXVIII.

An ACT for the relief of John Leonard.

Passed April 14, 1815.

WHEREAS John Leonard, on the 6th day of January, in the year of our Lord one thousand eight hundred and seven, purchased on the sale thereof, by the surveyor-general of this state, one hundred and fifty-one acres and a quarter of land, in the subdivision of lot number nine, in the town of Ovid, in the county of Seneca, on which he subsequently made all his payments, according to law, and had at the time of the purchase, large and valuable improvements thereon, which lot, however, on an accurate calculation of its contents, contains only one hundred and thirty-seven acres And whereas by virtue of an act, passed March 6th, A. D. 1812, for the relief of Abraham DeMott, another part of said lot number nine was granted to the said Abraham DeMott, and which was intended to adjoin the lot of the said John Leonard, as possessed by him, and as surveyed by Joseph Annin, but which by mistake in the return of surveys, was so granted as to cover part of the lands possessed and improved by the said John Leonard; and whereas it also appears that that part of the said lot conveyed to the said Abraham DeMott, contains more land than was supposed by the act aforesaid to be contained therein: Therefore,

Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be the duty of the attorney-general of this state, forthwith, to take such measures as be may deem best calculated legally to compel Abraham DeMott, residing on the north part of lot number nine, in the town of Ovid, in the county of Seneca, to convey to John Leonard, so much of the said lot number nine, as was by the surveyor-general sold to the said John Leonard, and which is described in the said surveyorgeneral's certificate; and the comptroller is hereby authorised and required, on the application of the attorney-general, and in his favor, to draw his warrant on the treasurer, for the principal and in

terest of the money paid for so much of lot number nine as hath been granted to him, and which was also sold to the said John Leonard, and that the expence of such proceedings as may be had in the premises, shall be borne by and paid out of the treasury of this

state.

C. Holgate a ferry.

CHAP. CLXXXIX.

An ACT to establish and regulate a Ferry across Lake Cham

plain.

Passed April 14, 1815.

I. Be it enacted by the people of the state of New-York, re may set up presented in Senate and Assembly, That it shall and may be lawful for Curtis Holgate, of the town of Burlington, in the county of Chittenden, and state of Vermont, his heirs and assigns, to set up and maintain a ferry across lake Champlain, from Chesterfield, in the county of Essex, and state of New-York, to Burlington, in the state of Vermont, for and during the term of ten years from the first day of May next.

And erect a dock.

be kept with

of this.

II. And be it further enacted, That the said Curtis Holgate, his heirs and assigns shall, if they set up a ferry by virtue of this act, erect a convenient dock or landing place, at or near the landing place in Douglas's bay, in the said town of Chesterfield, as shall be most suitable for that purpose, and shall, during the term aforesaid, keep and maintain a good and sufficient ferry-boat, capable of conveying six horses and three carriages, and ready at all reasonable times and seasons to ferry and transport across said lake persons, goods and chattels,

III. And be it further enacted, That if any person or persons Ne ferry to shall, after the first day of May, in the year eighteen hundred and in two miles sixteen, set up, keep or maintain a ferry, or shall carry or transport any persons, goods or chattels, for pay, across the said lake within two miles of the ferry established by virtue of this act, other than the said Curtis Holgate, his heirs or assigns, such person or persons shall, for every such offence, forfeit and pay the sum of three dollars, to be recovered in any court having cognizance thereof, by any person who shall sue for the same: Provided, That nothing herein before contained shall be construed to preclude any person or persons within the limsts of the town of Chesterfield from the right of transporting themselves, and their goods and chattels, across the said lake in their own boats.

IV. And be it further enacted, That the court of common pleas for the county of Essex, in their sessions, may and shall annually order and direct the several rates of toll to be taken at said ferry; and if the said Curtis Holgate, or any person employed by him, his heirs or assigns, shall receive any greater toll than shall be allowed as aforesaid, he shall forfeit and pay five dollars, to be recovered by any person who will sue therefor; and in case the said Curtis Holgate, his heirs and assigns, shall at any time, after the first day of May eighteen hundred and sixteen, neglect to keep such ferry as is

contemplated by this act, at all seasonable hours of the day, it shall be lawful for the said court to adjudge that all rights granted to him under this act shall cease and be of no effect.

CHAP. CXC.

An ACT authorising a Loan of Money to the County of Clinton, and for the purposes therein mentioned.

Passed April 14, 1815.

WHEREAS sundry inhabitants of the county of Clinton have presented their petition to this legislature, stating the loss of their Preamble, public buildings in the defence of Plattsburgh against the enemy in September last, and praying a grant or loan of money to enable them to rebuild the same: Therefore,

I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the comptroller shall pay to the order of the supervisors of the county of Clinton, the sum of five thousand dollars, either in one or several sums, as the said supervisors shall draw for the same, and shall charge the same to the said county of Clinton, but shall not charge any interest on the same.

II. And be it further enacted, That the said supervisors shall annually, for five years in succession, to commence in the year one thousand eight hundred and sixteen, cause to be levied on the taxable property in the said county, and to be raised and collected in the manner that other taxes are raised and collected, the sum of one thousand dollars, over and above all charges of collection, for the purpose of reimbursing to the state the said advance; and it shall be the duty of the county treasurer, on receipt of the said money, to pay the same into the treasury of this state, for which the comptroller shall give the said county of Clinton credit.

5000 dolls to

be paid to the supervisors

of

Clinton co.

A tax to be laid on taxa

ble property.

ings to be e

III. And be it further enacted, That the supervisors of the said county of Clinton shall meet at the village of Plattsburgh on the Public build first Monday of May next, and may there appoint three commission-rected. ers to superintend the erection of the public buildings in the said county of Clinton, on the former site of the public buildings, on such terms and for such compensation as they may think proper. IV. And be it further enacted, That the comptroller is hereby anthorised to loan to Abraham Ogden and Isaac Ogden, a sum not exceeding three thousand dollars, to aid them in the extension of 1. Ogden. their works for the manufacture of woollen cloth, out of the first monies that shall come into the treasury arising from the school fund, at the rate of seven per cent. per annum, on their securing the payment of the interest annually, and the re-payment of the principal within five years, in the same manner as is required by

law.

25

Loan to A. &

Reute of the read.

CHAP. CXCI.

An ACT appointing Commissioners to lay out and establish a State Road from Van Orman's, in the Town of Canandaigua, to Lake Erie, in the County of Niagara.

Passed April 14, 1815.

1. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That James Ganson, Joseph MCommission- Cluer and Ira Selby be, and they are hereby appointed commissioners to lay out and establish a road, beginning at Van Orman's, in the town of Canandaigua, in the county of Ontario, to the bridge to be erected across the Genesee river, near the house of Horatio Jones, conforming to and as near the present post road as may be, thence in the nearest direction, and on the best ground the country will admit, to the south-easterly shore of lake Erie, between the house of Zenas Barker, Esq. and the mouth of eighteen mile creek: Proviso. Provided, That in the laying out of such road the commissioners shall not materially affect any valuable buildings, or other improvements, on the route to be established by them, without the consent of the owner or owners thereof.

Commission

érs' duty.

pensation,

II. And be it further enacted, That it shall be the duty of the said commissioners, before they proceed in the discharge of the trust aforesaid, to take and subscribe an oath before some proper person, that they will well, faithfully and impartially, according to their respective abilities, discharge the said duties; and that when the said road shall be so laid out, it shall be the duty of the said commissioners to file a map, together with the field notes of the traverse of said road, with their names thereto subscribed, in the comptroller's office; also a map of so much of said road, together with the field notes thereof, with their names thereto subscribed, as may be in the several counties through which the said road may pass, in the clerk's office of the said several counties; and also a map of so much of said road, together with the field notes thereof, with their names thereto subscribed, as may be in the several towns through which the said road shall be laid, in the town clerk's office of the said several towns.

III. And be it further enacted, That each of the said commisTheir com- sioners, for their services aforesaid, shall be allowed for each and every day they shall necessarily be employed in the discharge of the duties required of them by this act, the sum of two dollars and fifty cents; and if either of the said commissioners shall do and perform the duty of surveyor, he shall be allowed one dollar per day in addition to his pay as commissioner as aforesaid.

Their ac

audited.

IV. And be it further enacted, That the supervisors of the counties of Ontario, Genesee and Niagara shall audit the account of said sounts to be commissioners, together with all reasonable expences attending the laying said road through the said several counties, and cause the same to be assessed, collected and paid as part of the contingent expences of said counties respectively: Provided, That each county through which said road shall run shall pay in proportion to the time spent in laying the said road.

Provise.

V. And be it further enacted, That when and after the said road