CHAP. 151.

AN ACT to amend an Act entitled "An Act to amend the several Acts relating to the City of Albany, and to combine the same into one Act."

Passed April 2, 1827.

First ward,

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the easterly bounds of the Bounds of city of Albany, shall extend to the west bounds of the county of the city. Rensselaer, opposite the said city, and the said city shall be divided into five wards, the first ward to be comprehended in the following limits, viz: beginning in the centre of Frelinghuysen-street on the south line of the said city, thence running northerly through the centre of said street, to the centre of Lydius-street, thence easterly through the centre of Lydius-street to its intersection with Green-street, thence northerly through the centre of Green-street to the centre of State-street, thence westerly through the centre of State-street to the east side of Eagle-street, thence westerly by a straight line to the centre of State-street continued on a range with the east side of the Public Square, thence westerly through the centre of State-street continued to the Main avenue, thence southerly through the centre of Main avenue to the centre of Lydius-street, thence westerley through the centre of Lydius-street to the west bounds of the said city, thence southerly along the said west bounds to the south bounds of the city, thence easterly along the said south bounds to the place of beginning; the second ward within the following limits, viz: beginning at a point in the centre of State-street, opposite to the centre of Middle-alley, thence north- Second ward erly through the centre of Middle-alley to the centre of Columbia-street, thence westerly through the centre of Columbiastreet to the centre of North Pearl-street, thence northerly through the centre of North Pearl-street to the centre of Patroon-street, thence westerly through the centre of Patroon-street to its intersection with the Main avsaue, thence westerly along the north bounds of the city to the west bounds of the city, thence southerly along such westerly bounds to the north boundary of the first ward, thence easterly along the north bounds of the first ward to the place of beginning; the third ward within the following limits, viz: beginning Third ward. at a point in the easterly bounds of the city opposite the street on the Pier between lots numbers one hundred and seven, and one hundred and eight, thence westerly in a straight line to the centre of said street, thence westerly through the centre of said street and along the centre of the bridge, to the centre of State-street, thence westerly through the centre of State-street to a point opposite the centre of Middle-alley, thence northerly through the centre of Middle-alley to the centre of Columbia-street, thence westerly through the centre of Columbia-street to the centre of North Pearlstreet, thence northerly through the centre of North Pearl-street to the centre of Orange-street, thence easterly through the centre of Orange-street to the north west corner of lot sixty-five on the Pier, thence easterly along the north bounds of lot number sixty-five to the east side of the Pier, thence in a straight line to the easterly bounds

1

of the city, thence southerly along the said easterly bounds of the Fourth ward city to the place of beginning; the fourth ward within the following limits, viz: beginning at the place of beginning of the first ward before mentioned, in Frelinghuysen-street, thence northerly along the easterly bounds of the first ward to the centre of Lydiusstreet, thence easterly through the centre of Lydius-street to its intersection with Green-street, thence northerly through the centre of Green-street to the centre of State-street, thence along the south bounds of the third ward to the easterly bounds of the city, thence southerly along the said easterly bounds of the city to the south bounds of the city, thence westerly along the south bounds of the Fifth ward. city to the place of beginning; the fifth ward within the following limits, viz: beginning at a point in the east bounds of the city opposite to the north east corner of lot number sixty-five on the Pier, thence northerly along the easterly bounds of the city until it strikes a point opposite to a red cedar post with brick around it, standing on the west bank of Hudson river, which post is distant twenty-two chains and thirty-six links from the south east corner of the storehouse of Stephen Van Rensselaer, on a course north forty degrees and twenty minutes west, thence westerly to the said cedar post, thence north forty-eight degrees west to the west bounds of the late town of Colonie, thence along the west bounds thereof until it strikes the north bounds of the second ward, thence easterly along the north bounds of the second and third wards to the place of beginning, each of which wards shall be entitled to elect in the manner mentioned and described in the act hereby amended, two alderbe elected. men, two assistants, one supervisor, one assessor, one collector and two contables.

Officers to

Public wells

2. And be it further enacted, That whenever in the opinion and pumps. of the mayor, aldermen and commonalty of the said city, in common council convened, it shall be expedient to make a public well and pump, in any street or road of said city, it shall be lawful for the said common council to order the same to be done accordingly, in such manner and at such place as they shall think most advisable, and the expense thereof shall be estimated and assessed among all the owners or occupants of the houses and lots of ground intended to be benefitted thereby, in the manner directed in and by the thirtieth section of the act hereby amended, and shall be binding and conclusive in the manner therein prescribed, and shall be collected in the manner directed in the thirty-first section of the act hereby amended, and the proviso contained in the said thirtieth section, shall in every respect be extended and applied with regard to every assessment to be made under this act, in the same manner as if such assessment had been made in virtue of the said thirtieth section of the act hereby amended.

Section re
pealed.

Annual tax

3. And be it further enacted, That the words "eleventh section," in the thirty-eighth section of the act hereby amended be, and the same are hereby repealed, and the words "fifty-fourth section" be inserted in their place, so that said section may read, “in the manner prescribed by the fifty-fourth section of this act."

4. And be it further enacted, That the said common council shall sand dollars, and may, from year to year, cause a tax not exceeding ten thousand dollars, to be assessed, collected and paid, in the same manner as the other contingent expenses of the county of Albany are assess

ed, collected and paid, for the defraying of contingent expenses of the city of Albany; and the supervisors of the city and county of Albany, being served with a copy of the resolution of said common council of Albany, directing such sum, and specifying the purposes for which such sum is required to be raised, shall cause the same to be raised, assessed and collected, according to law; and such monies when collected by tax, shall be paid to the chamberlain of the said city, and shall be drawn for and applied under the direction of the common council of said city; and all the monies raised for the use of said city, shall be used and apportioned specially and specifically for the several purposes for which each sum was so raised, and shall not be appropriated or used for any other purpose under any pretence whatever.

5. And be it further enacted, That the first section of the Section react hereby amended, be and the same is hereby repealed.

CHAP. 152.

AN ACT to incorporate the Ogdensburgh Aqueduct Company.

Passed April 2, 1827.

pealed.

1. BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That George Guest, Charles created. D. Raymond, David C. Judson, Richard Freeman, junior, and Baron S. Doty, trustees of the village of Ogdensburgh, and their successors in office, shall be and are hereby created a body corporate and politic, by the name of " the Ogdensburgh Aqueduct Com- Name. pany," for the purpose of supplying the village of Ogdensburgh, in the county of St. Lawrence, with water by means of aqueducts, and by that name they shall be capable in law to sue and be sued, plead and be impleaded, in any court whatever, and to hold and enjoy such real and personal estate as may be necessary for the attainment of the object aforesaid, not exceeding ten thousand dollars in the whole, exclusive of the profits or income of the said aqueducts.

2. And be it further enacted, That the stock of the said com- Stock. pany shall be deemed personal property, and shall consist of one thousand shares of ten dollars each.

3. And be it further enacted, That it shall and may be law- Subscriptions ful for the persons above named, to do and perform the several duties hereinafter mentioned, that is to say: they shall, on or before the first day of January next, procure a book, and in that enter as follows: "We, whose names are hereunto subscribed, do, for ourselves and our legal representatives, promise to pay the Ogdensburgh aqueduct company, the sum of ten dollars each, for each share of stock in said company set opposite to our respective names, in such manner and proportion, and at such time and place, as shall be determined by the said company:" which book shall be left with one of the above mentioned persons, at his place of abode, who shall keep the same opened for the purpose of receiving subscriptions for said stock; and every subscriber shall, at the time of subscribing, pay to the aforesaid persons the sum of fifty cents on

Quorum

By-laws.

Shares.

Proviso.

Officers and

Proviso.

Water how to be con ducted &c.

each share by him subscribed, which money paid as aforesaid shall by him be paid to the treasurer of said company as soon as he shall be appointed; and any three of the said trustees shall be a a quorum, and capable of transacting the business of the said corporation; and the said trustees shall and may meet from time to time, at such time and place as they may think proper, and shall have power to make such by-laws, rules and regulations, not inconsistent with the laws or constitution of this state or of the United States, as shall be necessary for the well ordering of the said corporation, with a power of declaring forfeited all previous payments made on the respective shares, where the whole sum, or any part thereof, is not paid at the time and place specified by the said

trustees.

4. And be it further enacted, That the said trustees may continue to receive subscriptions to the stock of the said company, until there shall be one thousand shares subscribed: Provided, That so much stock shall be necessary for the purposes herein contemplated.

5. And be it further enacted, That the trustees shall be authortheir duty. ised in their discretion to appoint a clerk, a treasurer, a superintendent, and such other officers, agents and servants as they shall from time to time deem necessary for carrying into effect the pow ers vested in said company; to declare the dividends on the stock of the said company, to establish rules and regulations, by-ordinances and by-laws, for and concerning the conduct and 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 their works, so far as respects the preservation of the water furnished by the said company, and the use thereof, and to restrain the water thereof, and by such by-laws and ordinances to impose penalties for a neglect or refusal to comply therewith: Provided, That the penalty in any one case shall not exceed the sum of ten dollars. 6. And be it further enacted, That it shall and may be lawful for the said trustees, and any person or person employed by them, or acting under their authority, to enter in and upon, and freely to make use of any land which shall be necessary, for the purpose of conducting a supply of pure and wholesome water to any part of said village of Ogdensburgh, and to erect any dam or works across or upon any stream or streams of water, or any other place or places, where they shall judge proper for raising such stream or streams of water, or turning the course thereof, or for making use of such streams or places for constructing or working of any necessary engines, and to construct, dig or cause to be dug, any canal or trenches whatsoever, for the conducting of such springs or streams of water from any source or sources that they may see fit, and to raise and construct such dykes, mounds and reservoirs, as they may judge proper for securing and conveying such supply of water as aforesaid, to any part of said village, and to survey and lay out all such streams as they may think proper, in order to ascertain the best mode of furnishing such supply, and to lay out and construct any number of pipes, conduits and aqueducts, through or over any part of the said lands and village as they may see fit,

and to agree with any owner or owners of any lands, tenements or hereditaments, that may be damaged or affected by any of the said operations, for a reasonable compensation, to be made to him, her or them, for such lands, tenements or hereditaments, or the use thereof, as may be used or occupied for the purposes aforesaid, cr any of them, or for any damage which he, she or they may sustain in using such lands, or the conducting, digging, laying, raising, repairing or making from time to time any such dams, reservoirs, aqueducts, canals, trenches, pipes, conduits, dykes or mounds as aforesaid; but in case of disagreement, then the same shall be appraised and determined by three reputable freeholders of the town of Oswegatchie, to be chosen and agreed upon by the parties; and in case of refusal or neglect by either party to nominate and appoint such appraisers, then they shall be appointed by any three judges of the court of common pleas for the county of St. Lawrence not interested in the premises, at the request of either party, and the said company shall pay to the said owners respectively, the sum reported by said appraisers under their or any two of their hands and seals, in full compensation for the same.

7. And be it further enacted, That this act be and is here- publie act. by declared to be a public act, and that the same be construed in all courts and places favourably and benignly for every beneficial purpose herein expressed.

8. And be it further enacted, That any person who shall Penalties. wilfully commit trespass, by digging up any of the said pipes or conduits, or stopping up the same, or shall wilfully and maliciously obstruct the free course of water through said pipes or conduits, or shall wilfully injure or destroy any of the works, pipes, conduits, pentstocks or reservoirs of said company, or shall wilfully and maliciously injure or destroy any of the dykes, mounds or other crections of the said company, shall be deemed guilty of a misdemeanor, and being convicted thereof by due course of law, shall be punished by fine or imprisonment, at the discretion of the court before which such conviction shall be had: Provided always, That Proviso. such imprisonment shall not exceed the term of ninety days, nor such fine the sum of fifty dollars.

9. And be it further enacted, That the said trustees shall and Confuits. may lay their conduits below the surface of any street or public highways in said town, putting such street or highway in as good condition as the same was before the conduits were laid: Provided, That nothing herein contained shall be so construed as to authorise the said company to erect any mills or machinery, or use or employ the water, dams, mounds and trenches for any other object than that of supplying the said village with water, for domestic and culinary purposes, or to enter upon or take possession of any lands or tenements for the purposes herein expressed, without the consent of the owner or owners thereof first had and obtained.

10. And be it further enacted, That the legislature may, at Power to any time hereafter, alter, modify, amend or repeal this act.

repeal,