of the freeholders and inhabitants of the town of Barre, in the county of Orleans, shall in future be held on the first Tuesday of April in every year; and that all such town officers of the said town, whose duty it is to meet on the last Tuesday of February in every year, shall meet on the last Tuesday of March in every year, to do and transact such business as to their respective offices may appertain. CHAP. 136. AN ACT relative to the Troy and Schenectady Turnpike Company. Passed March 30, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the president, directors and company of the Troy and Schenectady turnpike, to alter and change that part of said turnpike road laying east of the Erie canal, in the town of Watervliet, by removing said road sixteen feet south of its present location, and extending it eastwardly, and at a right angle from the east bank of said canal, to low water mark of the Hudson river. Road ex. tended. May erect CHAP. 137. AN ACT to amend the Act, entitled "An Act to incorporate the 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the said company to extend and continue their road, from the place of beginning by the nearest and most eligible route, until it intersects the turnpike leading from Bath eastward, at the village of Blooming-Grove, and for that purpose the stock of said company is hereby increased to eight hundred shares, of twenty dollars each, and Martin Van Alstine is hereby appointed a commissioner to receive subscriptions for said stock in the place of Nathan R. Crandall, deceased. 2. And be it further enacted, That as soon as the additional a toll gate. part of said road hereby granted shall be completed, and a license obtained as by law is required, it shall be lawful for said company to erect a gate thereon in addition to the gate authorised by the act hereby amended, and at such gate to collect and receive for passing the same, the like toll as is allowed to the Buffalo turnpike company. Commission 3. And be it further enacted, That Stephen Van Rensselaer, ers appoint jun., Chauncey Humphrey and Thomas Hillhouse, of the county of Albany, or any two of them, be and hereby are appointed commissioners to survey and lay out said road. privileges. 4. And be it further enacted, That the said company shall be Rights and entitled to all the rights, privileges and immunities, and subject to all the regulations and restrictions, in and upon the extended part of the said road, to which they are entitled or subjected by the act hereby amended; and the said company shall be allowed three years from the first day of June next, to complete the said road, and it shall be lawful for the legislature to alter, amend or repeal this act. CHAP. 138.. AN ACT for the Relief of Peter Brooks, Junior. Passed March 31, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the attorney-general is authorised and directed to discharge Peter Brooks, junior, who is now imprisoned in the jail of the county of Montgomery, on a capias ad satisfaciendum in favour of the people of this state, from his imprisonment: Provided, The said Peter Brooks, junior, shall enter into a bond to the people of this state, for the payment of the amount of the judgment, interest and costs mentioned in the execution on which he is now imprisoned in the jail of said county, in such form as shall be prescribed by the attorney-general. CHAP. 139. AN ACT further to amend the act entitled "An Act relative to the City of Hudson," passed March 31, 1815. Passed April 2, 1827. 1. BE it enacted by the People of the State of New-York, repre- Road taxes. sented in Senate and Assembly, That the common council of the city of Hudson, shall have the full control and disposal of all moneys collected within the said city, for the taxes and assessments on roads and highways: And further, That every person residing within the compact part of the said city, who shall be assessed for more than one day's labour on the said roads and highways, shall in lieu of the number of days to be by them worked thereon, pay to the overseer of highways of the road beat, in which he shall reside or be assessed the sum of fifty cents for each day so assessed upon him, to be collected by the said overseer in the same manner as is now by law provided for the collection of road taxes, and such overseer is hereby authorised and required to collect the same in any place within the said city, which said moneys when collected, shall be paid over by the said overseers into the office of the chamberlain of the said city: And further, That all such persons as shall be assessed as aforesaid, for one day's labour only, on the said roads and highways, shall at their option work the same or pay the said commutation of fifty cents. Duty of collector and 2. And be it further enacted, That the collectors of taxes and overseer of overseer of highways of the several wards of the said. city, shal! highways. have the power, and they are hereby authorised and required to collect the tax or assessment of any person contained in their tax warrant or road list, residing within the said city, although such person shall not at the time of collection reside within their respective wards, any law to the contrary notwithstanding. Jurymen. Section repealed Regulation of puppet shows and other idle acts 3. And be it further enacted, That in all suits depending, or to be brought in any court within the said city, wherein the corporation shall be a party or be otherwise interested, it shall be no objection to a juryman, summoned or impannelled to try the same, that he is an inhabitant thereof. 4. And be it further enacted, That the fourth section of the act hereby amended, be and the same is hereby repealed. 5. And be it further enacted, That the common council of the said city shall have exclusive power to license, or permit, or to pass by-laws or ordinances to regulate the licensing and permitting any person or persons to exhibit or perform for gain or profit, any puppet show, wire dance or circus riding, or any other idle acts or feats which common showmen, mountebanks, circus riders, or jugglers usually practice or perform, and to inflict a penalty not exceeding twenty-five dollars, for each and every offence against any such by-law or ordinance, to be recovered in an action of debt, in any court having cognizance thereof, to the use of the poor of said city, which penalty or penalties shall be prosecuted for in the name of the chamberlain of said city, and that the act to suppress common showmen, mountebanks and jugglers, passed April 13th, 1819, so far as the same is repugnant to this act, be and the same is hereby repealed. Wharves may be его ected.j Proviso. CHAP. 140. AN ACT to authorise Eliphalet L. Tinker to build Wharves, and erect Store-Houses in Lake Erie at Portland Harbour, in the County of Chautauque. Passed April 3, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for Eliphalet L. Tinker, his heirs and assigns, to build and erect wharfs, piers and store-houses, on so much of the south western side of Portland harbour, in Lake Erie, in the county of Chautauque, as is comprised by the following boundaries: beginning at the angle or elbow of the wharf erected by the Holland land company, thence north two hundred and fifty feet, thence east two hundred feet, thence south to a point in a line with the west side of the old wharf, thence along the west side of the old wharf to the place of beginning, containing an acre of land covered with water, be the same more or less, to use, occupy and enjoy the same for the purposes aforesaid as fully and absolutely as if the title to the same had been vested in the said Eliphalet L. Tinker, by original patent from the state: Provided, And the grant hereby made is upon the express condition, that the said Eliphalet L. Tinker, his heirs or assings, shall with all convenient dispatch, and within two years from the time of the passage of this act, finish the pier which he is now constructing, erect a store-house thereon, and build a solid and substantial wharf, from the said pier to the old wharf: And provided also, That the wharf or wharves to be erected on the ground hereby granted, shall always remain open for use as public highways, but not for the purpose of loading or unloading vessels: And provided also, That any person or persons, with the consent of the legislature, may extend the said wharf in a northerly direction, and erect store-houses, not less than one hundred feet distant from the pier which the said Eliphalet L. Tinker, is now constructing: And provided also, That all charges and fees Proviso. for wharfage on the wharves hereby authorised to be construted, shall be regulated by the court of common pleas of the county of Chautauque, and it shall not be lawful for the said Eliphalet L. Tinker, or his heirs or assigns, to take any other or greater charges and fees for wharfage, than such as shall be so allowed. repeal. 2. And be it further enacted, That it shall and may be lawful Power to for the legislature at any time hereafter, to alter or modify this act, in such a manner as to protect the rights of all concerned in the use of the aforesaid harbour, and the works hereby authorised to be constructed; and further, that this act shall continue in force for twenty-five years and no longer. СНАР. 141. AN ACT to vest certain powers in the Freeholders and Inhabitants of the Village of Unadilla, in the County of Otsego. Passed April 2, 1827. Bounds of Privileges 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the town of the village. Unadilla, in Otsego county aforesaid, to wit: lots number ninetytwo, ninety-three, ninety-four, ninety-five, ninety-six, ninety-seven, ninety-eight, ninety-nine, one' hundred and one hundred one, in Wallace patent in said town, bounded northerly by the patent line, southerly by the Susquehannah river, easterly on lot number one hundred and two, and westerly on lot number ninety-one in said patent, shall hereafter be continued to be known and distinguished by the name of the village of Unadilla; and the freeholders and inhabitants residing within the same, qualified to vote at town meetings, may meet on the first Monday in May next, at the school-house in said village, and notice whereof shall be made in writing, signed by a justice of the peace residing in said county, and put up in at least three public places in said village, ten days before the said first Monday in May, and then and there proceed to elect five discreet freeholders, residents within the said village, to be trustees thereof, who when chosen shall possess the several powers and rights herein after specified; and such justice or justices shall preside at such election, and declare the persons having the greatest number of votes duly elected trustees; and on every first Monday in May after the first election of trustees, there shall in like manner be a new election powers. Name, of trustees for said village, and the trustees for the time being shall perform the duties required from the said justice or justices, in respect to notifying meetings and presiding at such elections. 2. And be it further enacted, That all the freeholders and inhabitants residing in said village limits, be and they are hereby constituted, ordained and declared to be from time to time, and for ever hereafter, a body politic and corporate, in name and in fact, by the name and style of the trustees of the village of Unadilla; and by that name they and their successors for ever, shall and may General 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 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 the said village; and for 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; and for purchasing and keeping in repair fire engines, ladders, buckets, and other implements for extinguishing fires; for improving the streets, and for making any other regulations for preventing and extinguishing fires, preventing and removing nuisances, and for raising a sum by tax, for the aforesaid purposes, not exceeding five hundred dollars in any one year: Provided nevertheless, That no monies shall be raised, levied or collected, for the purposes aforesaid, or purchase or sale of any real estate made, and no building or reservoir be made or disposed of, without the consent and approbation of the freeholders and legal voters of said village, or a major part of them, in open meeting, duly notified by the trustees, by written or printed notices, to be put up in three public places in said village, at least one week previous to such meeting: And provided further, That the monies so raised for improving the streets as aforesaid, shall be levied, assessed and collected in a just and equitable manner, of and from the owners and occupants of all the houses and lots adjoining said street or streets so to be improved, in proportion, as nearly as may be, to the advantages which each may be deemed to acquire respectively, any thing in this act to the contrary notwithstanding. By-laws. Proviso, 3. And be it further enacted, That it shall be lawful for the trustees, or a major part of them, and their successors, to make, ordain, constitute and publish such prudential by-laws, rules and regulations as they from time to time shall deem meet and proper, and for the benefit of the said village, relating to the objects of the next preceding section, and such in particular as may relate to the restraining swine, horses or cattle of any kind; and relative to any thing whatsoever that may concern the public and good government of the said village, and not inconsistent with the laws of this state or the United States; and it shall be lawful for the trustees, or a major part of them, to ordain, constitute and publish such fines and forfeitures, for the breach of any such by-laws, rules and regulations, as they may deem expedient: Provided, no such fine or forfeiture shall be inflicted over and above the sum of ten dollars, for any one offence against said by-laws. |