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Duties of the infpectors;

Of the clerk and treafarer;

Of the collector.

ized to administer the same, an oath well and faithfully to execute their respective trusts and offices according to the best of their skill and understanding; which said clerk and treasurer, collector and inspectors, so elected and qualified, shall continue in their respective offices until others be duly chosen and qualified in their respective places.

IV. And be it further enacted by the authority aforesaid, That the said inspectors so to be chosen and qualified as aforesaid, or a majority of them, shall have power and are hereby authorized and directed, from time to time to examine, inspect, superintend, manage and direct the said aqueducts, agreeable to such bye-laws, rules and ordinances as the said common council shall from time to time hereafter make and declare, touching the same or the management thereof; and shall also have power to prosecute in their own names for all trespasses to be done or committed by any person or persons upon or against the said aqueducts, and to recover the amount of all damages occasioned by such trespasses, in any court having cognizance of the same, to the use of the said proprietors; and shall meet and duly assess upon the proprietors aforesaid, all such sum or sums of money, costs and expenses so as aforesaid to be voted by the said proprietors; and shall further do and perform all such duties as shall or may be lawfully committed to them by any law, rule or ordinance of the said common council.

V. And be it further enacted by the authority aforesaid, That the said clerk and treasurer so to be chosen and qualified as aforesaid, shall as clerk of the said proprietors, keep the minutes of all the votes, resolutions and transactions of the said proprietors, at their meeting so to be held as prescribed by this act, in a proper book by him to be kept for such purpose; and also that the said clerk and treasurer, as treasurer of the proprietors aforesaid, shall keep a book in which he shall fairly enter all receipts, advances and expenditures of all sums of money by him received, advanced or paid out, and likewise do and perform all other duties lawfully committed to him by any law, rule or ordinance to be made in pursuance of this act by the said common council.

VI. And be it further enacted by the authority aforesaid, That the collector so to be chosen and qualified as aforesaid for the said proprietors, shall collect all such taxes and sums of money so as aforesaid to be voted by the said proprietors, in pursuance of this act, agreeably to such tax list or assessment roll as shali be made out by the inspectors as aforesaid, within three months after the same shall be delivered to him, and shall pay the monies so by him collected into the hands of the said treasurer; and in case the proprietors aforesaid, or any of them, shall

ties of the

clerk and treasurer rel tries and

ative to en

transfers.

refuse or neglect paying his, her or their proportion of such taxes within the time limited for such payment, then it shall be lawful for such collector to levy the same, by exposing and selling at public vendue, after giving eight weeks previous public notice thereof, the right or shares of such delinquent of, in or to the said aqueducts, rendering the overplus monies, if any, after deducting the costs and charges of such sale, to the owner or owners thereof. VII. And to the end that the whole number of proprie- Further du tors of the said aqueducts may always hereafter be known, and the number and proportion of their several rights or shares therein ascertainable with the greater ease and precision; Be it enacted by the authority aforesaid, That the said clerk and treasurer shall keep a proper book, in which he shall duly enter the names of all the proprietors of the said aqueducts, together with their several and respective rights or shares of, in or to the same, according to such bye-law or rule as the said common council shall or may hereafter prescribe or direct for such purpose; and shall also duly enter in the same book every transfer, lease or assignment made or hereafter to be made, of any right or share of, in or to the same aqueducts, according to such bye-law or rule as the said common council shall or may hereafter prescribe and direct for such purpose; which entry so to be made by the said clerk shall be deemed evidence of such transfer, lease or assignment, and no person shall be considered as a proprietor of the said aqueducts, after the space of six months from the passing of this act, until the evidence of his right or share shall be so regis tered as aforesaid, nor entitled to draw or use the waters from said aqueducts, by virtue of any title or claim not so registered as herein directed, without permission in writing under the hands of the said inspectors or a majority of them, conformable to the rules or directions to be prescribed by the said common council.

etors declar

VIII. And be it further enacted by the authority aforesaid, Proceedings That all lawful agreements, votes and proceedings made, by the proprihad or done, by the said proprietors, and entered upon ed valid. their records, concerning the said aqueducts, shall be considered valid and obligatory among themselves, and binding upon all, each and every of them; and that all monies heretofore voted and expended about the said aqueducts shall after being duly assessed by the inspectors to be chosen in pursuance of this act, be recoverable in the same manner as before in this act is provided.

ordained and recovered,

IX. And be it further enacted by the authority aforesaid, Penalties how That the said common council of the said city of Hudson, as often as they shall make, ordain and publish such laws, rules, ordinances and directions for the purposes aforesaid, in regard to the said aqueducts, or for the regulation, alteration, extension, reparation, inspection and manage

appointed.

ment thereof, may make, ordain, limit and provide such and the like pains, forfeitures, fines and penalties upon, towards and against all and every person or persons, who shall offend against such laws, rules, ordinances and direc tions, or any of them, as by the said common council shall be thought requisite, to make, ordain, limit and proe vidé, for the observation and preservation of the same laws, rules, ordinances and directions, to be prosecuted for by the said inspectors and in their names, and recovered in any court of record having cognizance thereof, by action of debt or otherwise, to the use of the said proprietors, to be by them appropriated for the support and inaintenance of the said aqueducts; Provided, no such pain, forfeiture, fine or penalty shall exceed the sum of five pounds; And provided always, That such bye-laws, ordinances, constitutions, rules or directions, be not cont trary to or inconsistent with the constitution, laws and statutes of this state, or of the United States.

SEVENTEENTH SESSION. CHAP. XXI,
An ACT for the better extinguishing Fires in the City of

Hudson.

Passed 19th March, 1794.

Firemen to be I. represented in Senate and Assembly, That it shall

E it enacted by the People of the State of New-York,

and may be lawful for the mayor, recorder, aldermen and commonalty of the city of Hudson in common council convened, or the major part of them, to nominate and appoint a sufficient number of men (willing to accept) not exceeding twenty, to every fire-engine now provided or hereafter to be provided for the use of said city, out of the inhabitants, being freeholders or freemen of the said city, to have the care, management, working and using the said fire-engines, and other the tools and instruments now or hereafter to be provided for extinguishing fires within the said city; which persons so to be nominated and appointed as aforesaid shall be called the fireTheir duty, men of the city of Hudson, who are hereby required to be ready at all times, as well by night as by day, to manage, work and use the said fire-engines, and other the tools and instruments aforesaid.

And privile
ges.

II. And be it further enacted, That each of the persons so to be nominated and appointed a fireman, shall during his continuance in office be exempted and privileged from serving in the office of constable, and from being impanneled upon any jury or inquest (except in the mayor's court of the said city) and for this purpose the name of each fireman to be appointed by virtue of this act shall be entered with the clerk of the said city, and

make rules

his certificate shall be sufficient evidence in all courts and elsewhere of such exemption and privilege; And further, May be fo That the said mayor, recorder, aldermen and commonalty moved in common council convened, or the major part of them, shall have power from time to time to remove any firemen so to be appointed, and others to appoint in the stead of those removed when and as often as they shall think proper; And further, That it shall be lawful for the said Common mayor, recorder, aldermen and commonalty, or the major council to part of them, in common council convened, to make, for their gove establish and ordain such rules and regulations for the ernment. government, duty and behaviour of the persons so to be appointed firemen as aforesaid, in the working and frequent using and trying the said fire-engines, tools and instruments, and to impose such reasonable fines and penalties upon such firemen, or any of them, for default in performing the duties thereby to be enjoined or required from them, as they from time to time may think pro

per.

III. And be it further enacted, That upon the breaking out of any fire within the said city, the marshal and constables then being in the said city, upon notice thereof, shall immediately repair to the place where such fire shall happen, with their staves and other badges of authority, and be aiding and assisting, as well in extinguishing the said fires as in preventing any goods from being stolen, and also in removing and securing the same; and in the execution of the duties required of them by this act, shall in all respects be obedient to the mayor, recorder and aldermen of the said city, or such of them as shall be present at any such fires.

Duty of marftable in cafe of fire.

fhals and co

IV. And be it further enacted, That it shall be lawful for Fire-buckets to be provided the mayor, recorder, aldermen and commonalty of the by the inhal said city, or a major part of them, in common council tants. convened, to direct and require the inhabitants or owners of dwelling houses and other buildings in the said city, to provide themselves with such and so many fire-buckets, to be ready in such houses and buildings, for the purpose of extinguishing fires, and to impose such reasonable fines. and penalties for disobedience thereof as they shall think proper.

TWENTY-FOURTH SESSION. CHAP. CXIV. An ACT for raising Monies in the City of Hudson for the Support of a Night-Watch and to defray the Expense of the public Lamps of the said City.

B

Passed 2d April, 1801.

E it enacted by the People of the State of New-York,
represented in Senate and Assembly, That the may-

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ed & applied.

to be so hung or fixed as aforesaid, in any of the streets of the said cities or township, or extinguish the lights therein, or be aiding or abetting in the same, or shall wilfully break or deface any glass window, porch, knocker or other fixture, in any of the said cities or township, and shall be thereof convicted before the mayor, recorder or any one of the aldermen of the said cities respectively, or before any justice of the peace residing in the township aforesaid, either by the confession of the party, or by the oath of one or more credible witness or witnesses, he or she, shall for every such offence, forfeit a sum not exceeding ten How recover pounds lawful money of this state, to be recovered with costs, and levied by distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal of such mayor, recorder alderman or justice before whom such offender shall be convicted; one moiety of which forfeiture when recovered to be paid to the treasurer or chamberlain of the said cities respectively, for the time being, to be applied for the purposes of providing new lamps in the room of such as shall be so taken out or carried away, and for repairing such of them as shall be broken or injured as aforesaid, and for the support and maintenance of the poor of such respective cities or township where such offences shall be committed; and the other moiety of such forfeiture to be paid to the person or persons who shall prosecute for the same to effect.

On refufal to pay, offender to be imprifoned.

Offenders unknown to be detained till morning.

II. And be it further enacted by the authority aforesaid, That upon refusal of payment of such respective forfeiture or forfeitures, and want of sufficient distress whereon the same can be levied, it shall and may be lawful for such mayor, recorder, alderman or justice of the peace before whom such conviction or convictions shall take place, by warrant under his hand and seal, to commit every such offender, if convicted in the city of New-York, to the bridewell or house of employment of the said city, if convicted in the cities of Albany or Hudson, to the common gaol of the same cities respectively, and if convicted in the township of Schenectady aforesaid, to the common gaol of the city and county of Albany, there to remain without bail or mainprize for the space of two months, or until such forfeiture and costs are paid; and if any such offence shall be committed by any apprentice, servant or slave, such forfeiture shall be paid by his or her master, mistress or owner, or in default thereof such apprentice, servant or slave shall be committed to such bridewell or gaol in manner aforesaid.

III. And whereas the mischiefs aforesaid are generally committed in the night time when the offenders cannot be easily known; in order, therefore, to carry this act in to effect, Be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any sheriff, de

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