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Preamble.

Title vested

M. J. Babbit.

CHAP. 153.

AN ACT for the relief Ruby F. Babbit and Martha Jane Babbit.
Passed April 2, 1827.

WHEREAS it is represented by the petition of Lois Daniels, otherwise called Lois Babbit, of Vienna, in the county of Oneida, that John Babbit, junior, an infant illegitimate son of John B. Babbit, deceased, and the said Lois, was, in his lifetime, and at the time of his death, siezed in fee of an island in the said town, formed by Wood creek, containing about eleven acres of land, which he held by deed from John Babbit, his natural grand father, who as well as the said John B. Babbit, died during the lifetime of the said John Babbit, junior; and that afterwards, in October last, the said John Babbit, junior, died without heirs, leaving natural sisters, Ruby F. Babbit and Martha Jane Babbit, also children of the said Lois and the said John B. deceased; by reason whereof it is alleged that the title to the said land has escheated to the people of this state: Therefore,

BE it enacted by the People of the State of New-York, reprein R. F. and sented in Senate and Assembly, That all such title, right and interest in and to the said piece of land, as accrued to the people of this state by escheat, on accasion of the death of the said John Babbit, junior, shall be, and the same hereby is granted to, and vested in, the above named Ruby F. and Martha Jane, their heirs and assigns for ever: and it is hereby declared that they shall and may take and hold the same, in the same manner as if they were the next lawful heirs of the said John Babbit, junior, deceased, and in law capable of inheriting from him, and not otherwise.

CHAP. 154.

AN ACT to authorise Daniel Crommelin Verplanck to sell and convey a certain House and Lot in the city of New-York.

Passed April 2, 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 Daniel Crommelin Verplanck, sole surviving executor of Robert Crommelin, late of the town of Flushing, in the county of Queens, deceased, to sell and convey, by deed under his hand and seal, a certain house and lot of land, belonging to the estate of the said Robert Crommelin, deceased, situated on the easterly corner of Pine and William-streets, in the city of New-York; which deed of conveyance shall be as valid and effectual in the law, as if the same were executed by any two or more of the executors named in said will.

CHAP. 155.

AN ACT to reduce the law incorporating the Village of Brooklyn, and the several acts amendatory thereof, into one act, and to amend the same.

Passed April 3, 1827.

Boundaries.

General powers.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that district of country in the town of Brooklyn, in the county of Kings, contained within the limits, following, to wit: beginning at the public landing south of Pierpont's distillery, formerly the property of Philip Livingston, deceased, on the East river, running thence along the public road leading from the said landing to its intersection with Redhook-lane; thence along said Redhook-lane to where it intersects the Jamaica turnpike road; thence a north east course, to the head of the Wallabout mill pond; thence through the centre of the said mill pond to the East river; and thence down the East river to the place of beginning, shall continue to be known and distinguished by the name of "the village of Brooklyn;" and all the freeholders and inhabitants, Name, who shall from time to time reside within the same, be and they hereby are ordained, constituted and declared to be, and for ever hereafter shall be a body corporate and politic, in fact and in name, by the name of the president and trustees of the village of Brooklyn" and by that name, they and their successors for ever, shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and of what kind or nature soever; and that they and their successors may have a common seal, and may change and alter the same at pleasure; and also that they and their successors, by the name of "the president and trustees of the village of Brooklyn,” shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said corporation: Provided, such real estate be in the county of Proviso Kings; and that they shall be absolutely and completely vested with, possess and enjoy all the lands, tenements and hereditaments, property, rights, privileges and immunities, both in law and equity, in possession, reversion or remainder, which at the time of passing this act are vested in, or belong to the trustees of the village of Brooklyn. 2. And be it further enacted, That the said village shall continue to be divided into five districts as the same now exist: Pro-tricts. vided however, That the board of trustees, for the time being, shall have power from time to time to alter the limits of the said districts, as circumstances may require, respect being had in any such alteration, to the number of votes in each district, so as to make the same as nearly equal as may be.

Five dis

General

3. And be it further enacted, That all elections for governor, lieutenant-governor, senators, representatives in the congress of the elections. United States, members of assembly, sheriffs, coroners, clerks of counties and other officers, which now are, or hereafter may be

eers.

elective by the people at the general election, shall, in the said vil lage, be by districts, and that the inspectors of such election shall be appointed by the said board of trustees on or before the second Monday of September, in every year, who shall elect from among the substantial freeholders, actually resident in each of the districts of said village, three persons for inspectors of such election, then next to be holden in each district, any two of whom may act; and in case of the death, refusal or inability to serve of either of said inspectors, the said board of trustees may thereafter appoint others in their places and the said persons when so appointed shall be inspectors of the general and village election, then next ensuing; and before entering upon the duties of their office, shall take an oath, before some magistrate or officer qualified to administer oaths, well and truly to discharge the duties of their office, and shall in all respects, as inspectors of the general election, conform themselves to the provisions of the existing laws for regulating elections. Election of 4. And be it further enacted, That an election for village officers village offi- shall be held in each of the districts of the said village, on the second Tuesday of October in every year, at such place as the said board of trustees may appoint; and that all such elections shall be by ballot, and be held and conducted by the inspectors appointed to conduct the same, they giving eight days notice of the time and place of holding the same; at which election there shall be chosen for each of the said districts, by the freeholders and inhabitants residing within the same respectively, and who are qualified to vote at town meetings; two trustees, who shall be freeholders of said village, and residents within the district for which they are chosen: and the legal voters residing within the said village shall, at the said election, also choose, by a general ticket, a discreet freeholder to be president of the said village, separate and distinct from the said trustees, and also three freeholders to be assessors of the said village; and every person offering to vote at any such election, shall, at the time of offering his vote, be an actual resident of the district in which the same is offered: Provided, That the election for village officers, which, by the existing laws, would be held in the said village on the first Monday of May next, shall be held therein, notwithstanding the provisions of this act; and the president, trustees and assessors chosen at the same shall continue to hold and enjoy their offices until and including the last day of December then next ensuing; and the said village officers to be chosen at the election to be held therein on the second Tuesday of October next, and the officers to be chosen at every election thereafter, shall commence the duties of their respective offices on the first day of January next following their election, and shall and may continue to hold the same for one year from that time, and until others shall be elected and sworn in their places; and before entering upon the duties of their office shall severally take an oath, well and truly to discharge the same.

Proviso,

election.

Returns of 5. And be it further enacted, That upon completing the canvass of the votes taken at any such election for village officers, the inspectors of the same shall thereupon return and certify the number of votes given for each person, for each respective office, to the board of trustees for the time being, within ten days after such election, who shall thereupon declare the same within ten days thereafter, and give notice to the persons so elected of such their election ;

and the persons so elected, to each respective office as aforesaid, shall, within thirty days after such notice, take the oath herein before prescribed; and it shall not be lawful for any member of the said board of trustees to hold any office of profit or emolument under the said board of trustees.

Vacancies how suppli

6. And be it further enacted, That if there shall happen any vacancy in the office of trustee, after he shall be so chosen as afore-ed. said, from any cause whatever, and before the next annual election, it shall be lawful for the said board of trustees to direct a new election to be held in the district where such vacancy shall occur, to supply the same; which election shall be conducted, in all respects, like the annual election, by inspectors to be specially appointed therefor; and in case any such vacancy shall happen in the office of president of the said village, or of the assessors of the same, the said board of trustees shall and may forthwith proceed to supply such vacancy, by nominating and appointing some suitable person to assume and discharge the duties of such office, so vacant as aforesaid, he first taking the oath herein before prescribed and in case of the temporary absence from the said village of the president of the same, the said board of trustees shall appoint from their own number, a president pro-tempore, who shall, during such absence, preside at the meetings of the board, and discharge all the duties appertaining to the office of president: Provided, That such appointment shall not disqualify the person so appointed from acting in the capacity of trustee of said village.

:

the trustees.

treasurer.

7. And be it further enacted, That the president and trustees of Meetings of the said village, so chosen as aforesaid, and after they shall have entered upon the duties of their office, shall convene and meet at such time and place, and so often as they may deem necessary, for the transaction of business; and the president of the said village President. shall preside at such meetings; and in case of his absence from any such meeting, one of the said trustees may be appointed chairman for the time being: and the said president, or president pro-tempore, and any five or more of said trustees, or, in case of the absence of the said president or president pro-tempore, a majority of the said trustees, when so convened as aforesaid, shall constitute the board of trustees; and the said board of trustees shall as soon as conveniently may be, after they have entered upon the duties of their office, annually, appoint one clerk, one treasurer and one or more col- Clerk and lectors for the said village; and it shall be the duty of the said clerk to attend the meetings and keep the minutes of the said board, and to perform such other duties appertaining to his office, as may, from time to time, be required of him; and it shall be the duty of the said treasurer to receive and pay all the monies of the said corporation, under the direction of the said board, and to keep the accounts of the same; and the said board of trustees may from time to time, and as often as need be, appoint and license one or more porters, car- Porters. riers, cartmen, packers, beadles, bell-men, common criers, scavengers, measurers, weigh masters, surveyors and guagers for the said village; and, whenever they shall think it necessary and expedient, a comptroller of accounts, who shall perform the duties usually appertaining to that office, and who shall receive such compensation for his services as the said board of trustees may think proper to allow.

Licenses.

Proviso.

Highways.

Police regü lations.

8. And be it further enacted, That it shall and may be lawful for the president of the said village, in conjunction with any two of the said trustees, by and with the advice and consent of the said board of trustees, to grant permits for retailing spirituous liquors under five gallons, and for keeping such and so many taverns in the said village as the said board of trustees may deem necessary and proper, under the regulations prescribed in the act, entitled "an act to lay a duty on strong liquors, and for regulating inns and taverns :" Provided, it shall be lawful for the said board of trustees to except from the provisions of the said act, in relation to the accommodation for travellers, so many of the said taverns as they may think proper and the said president may take the recognizances prescribed by the same act; and may also exact and receive from the several persons to whom such permits and licenses shall be granted, the same excise duties as are allowed and prescribed by the said recited act, to be paid over to the overseers of the poor of the town of Brooklyn, for the use of the poor of the said town; and shall also receive such fees as are now allowed by law to commissioners of excise in the several towns of this state, to be paid over to the treasu rer, for the use of the said village.

9. And be it further enacted, That the said board of trustees be and they hereby are constituted commissioners of highways in and for the said village, and shall and may from time to time pass such ordinances as they shall deem proper, to regulate, keep in repair, clean and alter the streets, alleys, lanes, passages, highways, ways, bridges, wharves, docks and slips in the said village; and may appoint one or more suitable person or persons to see that the same are conformable thereto, and to prevent all obstructions in the river near or opposite such wharves, docks and slips: and the said board of trustees shall and may, from time to time, pass ordinances for the more effectual suppression of vice and immorality, and for preserving peace and good order; to prevent forestalling, and for detecting and restraining every kind of fraudulent device and practice within the said village; to enforce the due observance of the sabbath day; to suppress and restrain disorderly and gaming houses, billiard tables, and other instruments and devices used for the purpose of gaming; to direct the keeping and returning bills of mortalty, and to impose penalties on physicians, sextons and other persons for any default in the premises; to regulate the keeping, carting, conveying and transporting of gun powder, or other combustible or dangerous materials, and the use of lights or candles in all stables, shops and other places; to remove or prevent the construction of any fire place, hearth, chimney, stove, oven, boiler, kettle or apparatus, used in any house, building, manufactory or business, which may be dangerous in causing or promoting fires; to direct the safe construction of deposits for ashes; and severally to enter into, or to appoint one or more officers at reasonable times to enter into and examine all dwelling-houses, lots, yards, enclosures and buildings of every description, in order to discover whether any of them are in a dangerous state, and to cause such as may be dangerous, to be put in a safe and secure condition; to regulate the guaging of all casks of liquids and liquors, and to appoint one or more suitable persons to attend to the same; to regulate the place and manner of selling and weighing hay; of selling pickled and other fish; to restrain and punish the

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