capable in law to fue and be fued, plead and be impleaded in any court of record, but shall not be capable of holding any real eftate, excepting fuch as may be neceffary for fuch conduits or aqueducts, in any other place than within the faid village, or any real or perfonal eftate exceeding the annual value in the whole of three thousand dollars exclufive of the profits or income of fuch conduits or aqueducts.

II. And be it further enacted, That it fhall and may be lawful 2 for any three of the faid perfons, fo affociated, or to be affociated, by a notice to be given in writing at two of the most public places in the faid village, or in the public paper printed in the said village, five days at leaft previous to any meeting, to convene the faid company or affociation at the most convenient and public place in the faid village; and fuch of the members of the faid affociation, 3 being at least a majority of the whole number, as fhall fo convene, fhall and are hereby authorifed, by a vote of a majority prefent, to elect and appoint a treasurer, clerk and collector of fuch affociation, and fuch other agents as may be neceffary to carry into effect the objects of the affociation; to make and ordain all fuch bye laws, rules and regulations relative to the faid conduits or aqueducts as they may deem proper and neceffary, for the fuperintendance, regulations and management of the fame, and of fuch as may be added thereto, and for the alteration, prefervation and reparation thereof, or for the equal affeffment and collection, amongst the proprietors of the fame aqueducts, in respect to their respective rights or fhares, of all costs and expences arifing in the execution of all fuch bye laws, rules and regulations aforefaid; and to impofe penalties for the violation of the faid bye laws and regulations; and further to inftitute fuch fuits in the name of fuch company or affociation as may be neceffary to recover damages that may be done to the faid aqueducts, or for any penalty impofed as aforefaid, with cofts of fuit; Provided, That no penalty to be im- 5. pofed by virtue of any fuch bye laws or regulations as aforefaid, fhall be contrary to the laws of this ftate, or exceed twenty-five dollars for any one offence.

III. And be it further enacted, That it fhall be lawful for the 6 faid company, and any perfon or perfons employed by them, or acting under their authority, to enter into and upon, and freely to make use of any land which they fhall deem neceffary for the purpose of conducting a plentiful fupply of pure and wholefome water to and through the faid village of Catskill; and to erect 7 any dams or works across or upon any ftream or freams of water, or any other place or places where they fhall judge proper for the railing fuch stream er ftreams of water, or turning the courfe thereof, or of making ufe of fuch ftreams or places for conftructing or working of any neceffary engines; and to conftruct, dig, or cause to be dug, any canal or trenches whatsoever, for the conducting of fuch fprings, ftreams or any other quantity of water from any fource or fources that they may fee fit; and to raife and conftruct fuch dikes, mounds and refervoirs as they may judge proper for fecuring and conveying such supply of water as aforefaid to and through the faid village; and to fur

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one thousand dollars; And provided further, That the faid corporation fhall in no wife build or attempt to build the faid bridge until they fhall have agreed with and obtained permiffion from the owners of the land on each fide of the faid creek contiguous to the faid bridge, if any private owner or owners there be.

II. And be it further enacted, That the ftock, property, affairs and concerns of the faid corporation, and the manner of obtaining fubfcriptions thereto, fhall be managed, directed and conducted by five directors, who fhall be stockholders, and fhall, together 4 with the treasurer, be annually chofen and elected on the first Monday in May, in each and every year, at fuch place as the directors for the time being, or any three of them fhall appoint, of which notice fhall be given in one of the newspapers printed in the faid county of Orange, at least ten days before the day of 5 meeting; that all elections for treafurer and directors fhall be by ballot, and the perfon who fhall at fuch election have the greatest number of votes given as treafurer, fhall be the treasurer, and in like manner, fuch perfons as fhall have the greatest number of votes as directors at fuch election, shall be the directors, and shall hold their offices for one year, and until others, shall be chofen in 6 their places; and if any vacancies fhall happen among the directors by death, refignation or otherwife, fuch vacancies fhall be filled for the remainder of the year in which they may happen, by the appointment of the other directors for the time being, or 7 a majority of them; and that the firft directors fhall be Jonas Williams, Leonard D. Nicoll, Jacob Powell, Jonathan Cooley and Jofeph Morrell; and that John D. Nicoll fhall be the first treafurer, who fhall bold their offices until the firft Monday in May, in the year of our Lord one thoufand eight hundred and three, or 8 until others fhall be chofen to fucceed them; and that the faid directors fhall at their firft meeting after fuch election, appoint one of their number prefident,

9

III. And be it further enacted, That the number of shares or fubfcriptions conftituting the stock or funds of the faid corporation, fhalt not exceed three hundred, and that each ftockholder fhall be entitled to a number of votes proportioned to the number of fhares which he or fhe fhall have or hold, in his or her 10 name, according to the following ratio; that is to fay: Every owner of one or more fhares to the number of five, fhall have one vote, and for every five fhares more, one vote.

11

IV. And be it further enacted, That the prefident and directors for the time being, or a majority of them, fhall have the difpofition of the funds of the faid corporation, to and for the uses afore12 faid, and fhall annually on the fecond Monday in April, lay before the flockholders of the faid corporation, a general statement of their accounts and proceedings, which faid flatement and proceedings it fhall be the duty of the prefident and directors to lodge with the treasurer, at least eight days previous to fuch annual meetings, for the infpection and examination of the flockholders; 13 and the prefident and directors for the time being, or the major part of them, fhall have power to make and prefcribe fuch rules

and regulations as to them fhall appear needful and proper, touching the management and difpofition of the Rock, property and eftate of the faid corporation, and touching the duties and conduct of their fecretary, clerks, agents and fervants employed therein, and touching all fuch matters as appertain to the faid corporation, with power to appoint fuch and fo many workmen, clerks and fervants for the erecting and building of the faid bridge, as they may deem necellary.

V. And be it further enacted, That in cafe the faid bridge fhall 14 not be erected, built and completed, on or before the first day of April, in the year of our Lord, one thoufand eight hundred and five, then and in fuch cafe, the corporation by this act created, fhall be adjudged and confidered as diffolved.

VI. And be it further enacted, That as foon as the faid bridge 15 fhall be finifhed and completed, and the judges of the court of common pleas, in and for the faid county, or any one of them, fhall upon infpection, certify under their hands, that the faid bridge is well and fufficiently conftructed and built, and will admit of the paffage of teams with loaded carriages, it fhall and may be lawful for the faid prefident and directors, to erect a gate at either end of the faid bridge, and demand, receive and take for the use of the faid corporation, a toll not exceeding the 16 following rates, to wit: Every four wheel pleasure carriage drawn by four horfes, twenty-five cents, if drawn by two horfes, twelve and an half cents; every two wheel pleasure carriage, drawn by one horse, fix cents, if drawn by two horfes, ten cents; every waggon drawn by two horfes, fix cents, and if drawn by four horfes, ten cents; each fled drawn by two horfes, fix cents, if drawn by four horfes, ten cents; each ox waggon or cart, drawn by two oxen, fix cents, and each additional yoke of oxen, two cents; every one horse cart, three cents; every one horse fled, three cents; every man and horse, three cents; every foot paffenger, one cent; every horfe, jack or mule, two cents; every cow or other neat cattle, an half cent; every fcore of sheep or hogs, five cents, and fo in proportion for a greater or lefs number.

VII. And be it further enacted, That the said bridge fhall not be 17 lefs than fixteen feet wide, and fhall be fecured with good and fufficient railing on each fide thereof.

VIII. And be it further enacted, That if any perfon fhall break, 19 cut or destroy any part of the faid bridge, or fhall forcibly pafs the faid gate, without having paid the legal toll, fuch perfon or perfons fhall each and severally forfeit and pay ten dollars, to be recovered by the treasurer of the faid company, to their use in an action of debt; and if any foot or other paffenger, or any perfon with his team, carriage or horfe, fhall turn out of the road, and pafs or go round the faid gate or bridge, and again enter on the faid road, fo as to avoid the payment of the toll due by virtue of this act, fuch perfon or perfons fhall each and severally forfeit and pay the fum of ten dollars, to be recovered and applied in manner aforefaid.

dollars, be and the fame is hereby appropriated for the purpofe of erecting in each of the villages of the Tufcarora and Seneca tribes of Indians, one fuitable houfe for public and religious worfhip, and for the keeping of fchool, to be denominated church and fchool house, for the use of the faid Indians, upon fuch fpos within each of the faid villages, as the commiffioners herein after appointed, shall defignate for that purpofe.

II. And be it further enacted, That Elbert Willett, treasurer of department No. 4, of the northern miffionary fociety, Chriftian Miller, fecretary of the fame, and Dirck Ten Broeck, Ifrael Chapin and Oliver Phelps, be and they are hereby appointed commif3 Lioners, for the purpofe of carrying this act into effect; and the comptroller of this state is hereby authorised and directed to draw his warrant on the treasurer thereof, in favour of the faid commiffioners, or their order, for the aforefaid fum of fifteen hun4 dred dollars; and the faid commiffioners or any three of them, fhall within two years from the paffing of this act, cause to be completed, for the ufe of the faid Indians, the two buildings aforefaid, the expence whereof fhall not exceed the fum appropriated as aforefaid, and fhall within fix months thereafter account with the comptroller for the expenditure of the fame.

I

Brothertown.

CHA P. LXXVIII.

CONTENTS.

2. Keepers of the peace, to be the Guardians of Infants. Compenfation to them, how allowed and paid.

4.

1. Lands taken for Roads, how appraised and paid for.

3. Perfonal Property, of which any Indian may die poffeffed, how diftributed.

5. Witneffes, may be fummoned by the keepers of the peace. Penalty on them for non-attendance.

6.

I.

1. BE

An ACT relative to the Brothertown Indians.

Paffed March 30th, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That whenever any road fhall be laid out, through or over any improved land in the village of Brothertown, in purfuance of the thirty-firft fection of an act, entitled "An act relative to Indians," paffed April 4th, 1801, it fhall be the duty of the "keepers of the peace" of the faid Indians, laying out fuch road, to appraife the damages fuftained by the proprietor of any fuch land thereby, which fhall be paid fuch proprietor out of the annuity of the faid Indians; and any perfon conceiving himself aggrieved by any fuch appraisement, may appeal therefrom to one of the fuperintendents and the attorney of the faid Indians, whofe determination shall be final in the premises.

II. And be it further enacted, That instead of the overfeers of 2 the poor of the faid Indians, the "keepers of the peace" fhall be the guardians of the perfons and property of all infants in the faid town, who fhall not have any perfons there refiding competent to take care of them.

III. And be it further enacted, That the perfonal property of 3 which any of the faid Indians fhall die poffeffed of or entitled to, fhall be diftributed by the "keepers of the peace" in like manner and proportions as is provided by the laws of this ftate for the dif tribution of the perfonal eftate of the citizens thereof; subject nevertheless, to an appeal to fuch fuperintendent and attorney aforefaid, in cafe any perfon shall conceive himself aggrieved by fuch diftribution.

IV. And be it further enacted, That the "keepers of the peace" 4 of the faid Indians fhall be entitled to receive, for their fervices to be performed by virtue of the faid recited act and this act, fuch moderate compenfation as fuch fuperintendent and attorney fhall deem reasonable, and allow therefor, to be paid annually out of the annuity of the faid Indians.

V. And be it further enacted, That it fhall be lawful for any one 5 of the faid "keepers of the peace" to iffue a fubpoena, the fame being drawn in as brief a form as may be, and fubfcribed by fuch "keeper of the peace," to fummon any perfon, whofe attendance may be required as a witness in any caufe inftituted before the faid "keepers of the peace ;" and if any perfon, fo fummoned, 6 fhall neglect to appear and give teftimony in fuch caufe, or render a fufficient excufe for his non-attendance to the fatisfaction of fuch "keepers of the peace," every fuch perfon fhall forfeit to the party on whose behalf he fhall be fummoned, the fum of five dollars, to be recovered in an action of debt, in the name of fuch par ty, before the faid "keepers of the peace."

Utica Aquedua.

CHA P.

CONTENTS.

XXXV.

4. Affeffments, how levied and collected.

4. Bye Laws and Ordinances, Stockholders may establish. 3. Clerk, Collector, Tre afurer, &c. to be appointed.

7.

Their duty.

2. Meeting of Stockholders, how convened.

5. Penalties may be impofed.

1. Stile and corporate Rights of the Company.

8. Transfers of Stock, rules to be prefcribed for making.

An ACT for Incorporating the Utica Aqueduct Company, in the Coun ty of Oneida.

I.

Paffed March 16th, 1802.

BE it enacted by the People of the State of New-York, represents

ed in Senate and Assembly, That Benjamin Walker, Silas

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