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Proviso.

Pepalties.

New-Paitz aforesaid ; and it shall be the further duty of the commissioners appointed by this act, to notify the supervisor of the town of New-Paltz, on or before the next annual meeting of the supervisors of said county, that the said bridge is completed and covered : Provided, No such notice is given to the supervisor of said town, and by him stated to the board of supervisors of said county, it shall not be lawful for the supervisors to raise the money as directed in the first section of this act.

3. And be it further enacted, That is any person or persons shall wilfully do, or cause to be done, any illegal act whatsoever, whereby the said bridge or any thing appertaining to the same, shali be impaired, injured or weakened, every person su offending shall forseit and pay to the commissioners, or any one of them, treble the amount of damages sustained by means of such offence or injury; and it shall not be lawful for any person or persons to drive any horse or team on the said bridge faster than on a walk, nor for any drover to drive a larger number of cattle than fifteen over or on the said bridge at any vne time, such person or persons shall pay a fine not exceeding three dollars for every offence; and all such fines and forfeitures shall be recovered by the said commissioners, or either of them, in an action of debt, with costs of suit, before any court having cognizance of the same, for the use and benefit of the said bridge,

CHAP. 54. AN ACT to erect a new Town from parts of the Towns of Beekman and Freedom, in the county of Dutchess.

Passed March 6, 1827. Town of 1. BE it enacted by the People of the State of New York, repreUnion Vale.

* sented in Senate and Assembly, That from and after the first day

of April next, all that part of the town of Beekman, lying north of a line commencing at the south side of the lands of Caleb Simp. son, on the line of the town of Dover, thence running westwardly to a point two chains south of the dwelling-house of Henry Williams, thence westwardly to a point four chains south of the present dwelling-house of Thomas Andrews, and continuing in that direction till it intersects the east line of the town of Freedom : (Provided, The said course shall leavethe dwelling-house of Stephen Morey, south of said line, and if it shall not leave the said house of said Morey south of said line, then and in that case to run to a point two chains north of the said house of said Morey, and thence to the aforesaid point four chains south of said house of said Andrews,) and so continuing to the aforesaid line of the town of Freedom; and all that part of the town of Freedom lying east of a line commencing at the above mentioned point, on the division line between the towns of Beekman and Freedom; thence running northwardly to a point two chains due east from the dwelling-house of Elisha C. Barlow, thence continuing northwardly to the corner of the towns of Washington and Pleasant Valley, shall be known and distinguished as a separate town by the name of Union Vale, and that the first town

Beekman.

meeting in the said town of Union Vale, shall be held at the house of Van Rensselaer Fowler, on the first Tuesday in April next.

2. And be it further enacted, That the remaining part of the Remainder said town of Beekman shall remain a separate town by the pame of of Beekman, Beekman, and that the next town meeting therein shall be held at the house of Benjamin Smith, in said town of Beekman.

3. And be it further enacted, That the remaining part of the Remainder said town of Freedom, shall remain a separate town by the name of Freedom. of Freedom, and that the next town meeting therein shall be held at the house of Charles Cholwell, in the said town of Freedom.

4. And be it further enacted, That as soon as may be after the Poor &c. of first Tuesday in April next, the supervisors and overseers of the poor of the said towns of Beekman and Union Vale, upon notice to be previously given by the supervisor of either of said towns, shall meet and divide and apportion the money and poor, debts and credits belonging to the said town of Beekman previous to the division thereof, agreeable to the last tax bill of the said town of Beekman.

5. And be it further enacted, That as soon as may be after poor &c. of the first Tuesday in April next, the supervisors and overseers of Freedom. the poor of the said towns of Freedom and Union Vale, upon notice to be previously given by the supervisor of either of said towns, shall meet and divide and apportion the money and the poor, and the debts and credits of the said town of Freedom, as they were previous to the division thereof, agreeable to the last tax bill of the 'said town of Freedom.

CHAP. 55.

AN ACT in addition to an Act entitled " An Act making an appropriation for the Red Hook Academy."

Passed March 6, 1827. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That the treasurer pay on the warrant of the comptroller, the sum of one thousand dollars, to the trustees of Red Hook academy, or their treasurer, for the use of that institution, which said sum is hereby declared to be an advance for and in lieu of the sum of one thousand dollars mentioned in the act entitled “ An act making an appropriation for the Red Hook Academy," passed November twenty-fifth, eighteen hundred and twenty-four: and the said sum directed to be raised by that act shall be raised in the manner therein mentioned, and remain in the gene. ral fund of the state to reimburse that fund for the sum by this act authorised to be paid to the said trustees, or their treasurer: Provided, That the said sum shall not be paid, until the trustees of the said academy shall have executed a bond in their corporate capacity, to the people of this state, in the penal sum of two thousand dollars, conditioned to refund and repay to the treasury of this state, the said sum of one thousand dollars, or so much thereof as shall not be repaid by the proceeds of the sales of the unappropriated lands pledged by the act aforesaid.

CHAP. 56.

AN ACT to amend an Act entitled " An Act authorising the su

pervisors of the County of Oneida to raise additional sums of , money in the town of Rome in the said County, for the improvement of Roads and Bridges in said Town.

Passed March 6, 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 supervisors of the county of Oneida, at their annual meeting, to raise by tax to be levied on the taxable property in said town, the money directed in said act to be raised, and under the proviso therein contained, any thing therein to the contrary notwithstanding: Provided however, It shall not be lawful for the said supervisors to raise by tax the amount in said act directed for a longer term than four years.

CHAP 57.

Bound

AN ACT to vest certain powers and privileges in the Freeholders and Inhabitunts of the Village of Jamestown.

Passed March 6, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That so inuch of the town of Ellicott, in the county of Chautauque, as is included within the following boundaries, to wit : beginning at the south-east corner of James Hall's land, thence south to the town line as it is called, being the line between the first and second townships of the eleventh range of townships of the Holland Land Company's land, thence west to the line of the town of Busty; thence north to the outlet of Chautauque lake, thence up the said outlet to Solomon Jones'

land, thence east to the place of beginning, shall hereafter be known Proviso.

and distinguished by the name of the village of Jamestown : Provided nevertheless, That nothing herein contained shall be so construed as to vest in the freeholders and inhabitants of said village, any control over the said outlet of the Chautauque lake, or the mill dams, raceways or artificial canal across the same or connected therewith, any further than to use the waters thereof for extinguishing fires, and

to remove any nuisance or nuisances detrimental to the health of Proviso. the citizens that may be therein: And provided further, That no

unimproved land included within said boundaries shall be subject to any village tax or assessment, so long as it shall remain uninclosed and unimproved, unless the same shall be actually laid out into vil.

lage lots. Election of 2. And be it further enacted, That all male persons being

citizens of this state, who shall be above the age of twenty-one years, and shall have resided within the boundaries aforesaid, six, months next preceding the first Tuesday in June next, and paid

Trustees.

name.

taxes within the town of Ellicott the year next preceding, for property possessed within said boundaries, or having a freehold therein, may on the first Tuesday of June next, meet at some proper place to be designated in a written notification to be given by one of the justices of the peace of the town of Ellicott, at least ten days previous to the said first Tuesday in June next, and that then and there it shall be lawful for such persons so convened to proceed to choose by ballot, five trustees of said village, each of whom shall reside in said district, and shall be a free holder therein, or an inhabitant renting a tenement in said village of the yearly value of fifty dollars; who, when chosen, shall possess the authority and exercise the Their pow. powers herein vested in them by this act; and the said justice is ers. hereby required to preside at such meetings, and to declare the persons having the greatest number of votes duly elected trustees; and on every first Tuesday in June thereafter, there shall be a new election of trustees, and the male persons residing in said village, who shall be citizens of this state, and above the age of twenty-one years, and shall have resided within said village six months next preceding such annual meeting, and shall be possessed of a freehold within said village, or shall have paid a village tax or county taxes for property possessed in said village within the year preceding, shall be entitled to vote at such elections; and the trustees for the time being shall perform the duties required from the said justice in respect to notifying meetings and presiding at such elections.

3. And be it further enacted, That all the freeholders and in- Corporate habitants residing within the aforesaid 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 of " the Trustees of the village of Jamestown," and by that name they and their successors for ever, shall and may have perpetual succession, and be persons in law capable of suing and being sued, 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 com- And gebermon seal, and may change and alter the same at pleasure, and shall al powers. be in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said village, and of erecting fire engine-houses, hay-scales, and such other buildings as shall be deemed necessary; of providing aqueducts and reservoirs, of purchasing and keeping in repaic fire engines, ladders, buckets and other instruments for extinguishing fires, of improving the streets, of opening and improving all such lanes and alleys as James Prendergast, Esquire, lias laid out, or that he or any other proprietors of land in said village shall hereafter lay out, and of making and ora daining prudential by-laws and regulations relative to slaughter houses, gambling houses and the prevention and removal of nuisances generally; relative to the prevention and extinguishment of fires, and to the keeping chimneys, stoves and fire-places clear and in good repair : relative to the public wells, pumps, reservoirs, and cisterns of water; relative to grocery shops; relative to restraining hogs, dogs, geese, horses, and cattle of any kind, and of raising a sum by tax for the purpose aforesaid, and for defraying the incidental expenses of carrying the several by-laws and regulations into effect, not exceeding three hundred dollars annually, for the two first years after

the passage of this act, and two hundred dollars in any subsequent

year: Provided nevertheless, That no moneys shall be raised, asProviso. sessed or collected, for the purposes aforesaid, nor shall any pur

chase or sale of real estate be made, or buildings or reservoirs be made or disposed of without the consent and approbation of the freeholders and inhabitants of said village, qualified to vote for trustees, or a major part of those who shall be assembled in open meetings, duly notified by written or printed notices, to be put up

in three public places in said village, at least one week previous to Proviso. said meeting : And provided further, That any monies to be rais

ed for improving the streets and alleys, as aforesaid, shall be assess-
ed, levied and collected, in a just and equitable manner, of and from !
the owners and occupants of all the houses and lots adjoining such
street or streets or alleys, so to be improved in proportion as
nearly as may be to the advantages which each shall be deemed to
acquire respectively, any thing in this act to the contrary notwith-

standing. By-laws. 4. And be it further enacted, That it shall be lawful for said

freeholders and inhabitants, qualified to vote for trustees as aforesaid, at any meeting duly notified, and they are hereby authorized at such meeting to make and establish such prudential by-laws, rules and regulations, (not inconsistent with the constitution of this state or of the United States, as a majority of such freeholders and inhabitants so assembled, and having a right to vote for trustees as aforesaid, shall judge necessary and convenient for the benefit of said village, relating to the objects mentioned in the next preceding section, and to any thing whatsoever that may concern the public and good government of said village, and to impose from time to time such penalties on the offenders against such rules and regula. tions, or any of them, as a majority of such free holders and inhabitants so 'convened and having a right to vote for truestees as aforesaid, shall think proper, not exceeding ten dollars, to be recovered by the trustees in the name of the corporation, with costs of suit, by an action of debt, before any justice of the peace in the

county of Chautauque. Taxes,

5. And be it further enacted, That it shall be the duty of the said trustees and their successors, to assess on the freeholders and inhabitants, bodies corporate, and other persons owning property, real or personal, within the limits of said village, the sum or sums of money which the freeholders and inhabitants qualified to vote for trustees shall from time to time at any of their said meetings, determine to be raised, levied, or collected, according to the value of their property and to the advantage which each shall be deemed to

receive from the improvement or purchase to be made with such Proviso.

money when collected: Provided, That if any person shall deem himself or herself agrieved by any such assessment as aforesaid, it shall be lawful for any such person to appeal from the determination of the trustees to any of those justices of the peace, in said county, giving notice to said trustees of such appeal, and the time and place for determining the same by said justices who shall hear said appeal, and do therein what to justice shall appertain.

6. And be it further enacted, That the freeholders and inhabi. and Collee. tants qualified to vote for trustees as aforesaid, at their annual meet

ing, shall, and they are hereby authorised to choose one treasurer

Treasurer

tor

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