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means of aqueducts, shall be, and are hereby made and created a corporation and body politic, by the name of "the Amsterdam ral powers, Aqueduct Association," and by that name they shall be capable in law to sue and be sued, plead and be impleaded in any court of record, and to hold and enjoy, such real and personal estate as may be necessary for the attainment of the object aforesaid, not exceeding five thousand dollars in the whole, exclusive of the profits or income of the said aqueducts.

Capital stock

Books to be ⚫pened.

Notice.

Trustees.

500 shares.

II. And be it further enacted, That the stock of the said company shall be deemed personal property, and shall consist of five hundred shares, of ten dollars each.

III. And be it further enacted, That it shall and may be lawful 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 June 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 Amsterdam aqueduct association the sum of ten dollars 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 trustees of the said Amsterdam aqueduct association," which book shall be left with one of the above mentioned persons, at his place of abode, who shall keep the same open for the purpose of receiving subscriptions; and every subscriber shall, at the time of subscribing, pay to the aforesaid person, the sum of twenty-five cents on each share so subscribed for, which money paid as aforesaid, shall by him be paid to the treasurer of said company as soon as he shall be appointed; and Benedict Arnold, Marcus T. Reynolds and Welcome U. Chase, or any two of them, as soon as two hundred shares are subscribed for, shall cause an advertisement to be affixed up in at least three public places within the town of Amsterdam, in said county, giving at least ten days notice of the time and place when the said subscribers shall meet for the purpose of choosing five trustees, who shall be stockholders, for the purpose of managing the concerns of the said company for one year; and the day of choosing the said trustees shall thereafter be the anniversary day for choosing trustees; and any three of the said trustees shall be a quorum, and capable of transacting the business of the said corporation, and the said trustees elected by a plurality of the votes of the stockholders, 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, whose whole sui or any part thereof is not paid at the time and place specified by the said trustees.

IV. And be it further enacted, That the said trustees may continue to receive subscriptions to the stock of said company until there shall be five hundred shares subscribed: Provided, That so much stock shall be necessary for the purposes herein contem-plated.

1

surer, &c.

Powers of trustees.

V. And be it further enacted, That the trustees shall be au- Clerk, trea thorised, 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 powers vested in the 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 waste thereof; and by such by-laws and ordinances to impose penalties and forfeitures for a neglect or refusal to comply therewith, so as that such penalty and forfeiture in any one case shall not exceed ten dollars.

lands

VI. And be it further enacted, That it shall be lawful for Power to take the said proprietors, and any person or persons employed by them, or acting under their authority, to enter into and upon, and freely to make use of any land which shall be necessary for the purpose of conducting a plentiful supply of pure and wholesome water to and through the said village of Amsterdam, and to erect any dams or works across or upon any stream or streams of water, or any other place or places, where they shall judge proper, for the 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, streams, or any other quantity of water, from any source or sources that they may see fit; and to raise and construct such sykes, mounds, and reservoirs as they may judge proper, for se curing and conveying such supply of water as aforesaid to and through the 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 and construct any number of pipes, conduits or aqueducts, through or over any part of the said lands, as they may see fit, to or towards the said village, and in any and every part of the said village; 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 and about a reasonable compensation to be made to him, her or them, for such lands, tenements or hereditainents, or the use thereof, as may be used or occupied for the purposes aforesaid, or any of them, or for any damages which he, she or they may sustain in using such lands, or the conducting, digging, laying, raising or making any such reservoirs, aqueducts, canals, trenches, pipes, conduits, dykes or mounds as aforesaid; but in case of disagreement, to be settled and determined by any three discreet reputable freeholders of the town of Amsterdam, to be chosen and agreed upon by the parties; and in case of refusal or neglect by either party to nominate and appoint them, then to be nominated by any three judges of the court of common pleas for the county of Montgomery, not interested in the premises, at the request of either par

Public act.

Trespasses

ble.

ty; and upon their determining the same, the said proprietors shall pay to the said owners respectively, the sum reported under their or any two of their hands and seals, in full compensation for

the same.

VII. And be it further enacted, That this act is hereby declared to be a public act, and that the same be construed in all courts and places favourably and benignly for every beneficial purpose therein contained.

VIII. And be it further enacted, That any person who shall how punisha-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 erections 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 such imprisonment shall not exceed the term of ninety days, nor such fine the sum of fifty dollars.

Highways.

IX. And be it further enacted, That the said trustees shall and may lay their conduits below the surface of any street or public highway in said town, putting such street or highway in as good condition as the same was before such conduits were laid : Proviso. 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.

Route may be altered.

CHAP. CLXIV.

AN ACT to amend an Act, entitled "An Act to incorporate a Company for making a Turnpike Road from New-Paltz westward, and for other purposes."

Passed April 7, 1820.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the directors of the said company shall have power to alter the route of the said turnpike road, as laid out by William Wilson, Medad Butler, and Moncrief Liv ingston, in conformity to the act hereby amended, in such manner as they may deem expedient, provided that the said road shall run from the landing formerly Davies & Elmore's, in the town of New-Paltz, across the Walkill and Rondoutkill, to the Great southwestern turnpike, and provided it shall run north of the route aforesaid; And provided further, That it shall be the duty of the said directors to cause a correct map of such alterations to be made and filed in the office of the clerk of Ulster county, before they shall begin to work the said road.

bridge.

II. And be it further enacted, That if the said company shall Toll on erect bridges across the said kills, at places different from what is mentioned in the act hereby amended, that it shall be lawful for them to take the same toll for crossing the said bridges as is allowed by the said act to be taken for crossing those therein mentioned.

need not be

III. And be it further enacted, That it shall not be obligato- Certain part ry on the said company to make more of the said road than such of the road part thereof as lies westward of the east shore of the Walkill, and made. that this provision shall be applicable to either of the routes which the said directors may think proper to adopt.

continued.

IV. And be it further enacted, That if the directors of the said Route to be company shall conclude not to alter the route of the said turnpike at its western end, from the route which has been laid out, that they shall have power to continue the same from its said western end, which is near the Rondoutkill, and on the east side thereof, by laying it out across the said Rondoutkill, and until it unites with the Great south-western turnpike.

V. And be it further enacted, That the said company shall take Tolk toll in proportion to distance, on such section of the said road as they make according to the provisions of this amendment, and of the several acts on the same subject which have preceded it; and in other respects shall have the same powers in relation to the said section as these acts would have given them in relation to the whole road; so that the true intent and meaning of the said acts and of this amendment shall be fulfilled, any thing in the said acts to the contrary notwithstanding.

CHAP. CLXV.

AN ACT relative to Taxes upon certain Lands in the county of

Allegany.

Passed April 7, 1820.

WHEREAS certain returns of arrears of taxes have been made Preamble. to the comptroller's office, for the year eighteen hundred and thirteen, (including those of eighteen hundred and twelve, returned with eighteen hundred and thirteen,) and for the year eighteen hundred and fourteen, and eighteen hundred and fifteen, on the lands in the north part of township number two, on the lands in township number three, four, five and six, in range number two, of Morris's reserve, in the towns of Nunda and Angelica, in the county of Allegany; and whereas the said returns are incomplete and inaccurate :

transcribed.

I. BE it enacted by the People of the State of New-York, Certain rerepresented in Senate and Assembly, That the comptroller is hereby authorised and required to cause the returns of such taxes to be transcribed, and to calculate and add to such taxes an interest at and after the rate, and from and to the period, as directed by the act, entitled" An act for the assessment and collection of taxes," and the same to cause to be transmitted to the treasurer of the county of Allegany, on or before the third Tuesday of July next; and it

shall be the duty of the supervisors of the county of Allegany to designate specifically said lands, and to charge the same with such proportion of the said taxes and interest so in arrear, as the said lands ought in justice to be taxed; and in like manner to tax any lands that may have been omitted to be taxed during the abovementioned years; and in all cases where the said lands have been twice taxed, to allow or repay to the person or persons whose lands may have been so taxed, the excess of any or every year's tax by Preamble. him or them paid: And whereas by the allowance or repayment as above directed, of taxes to persons who may have been twice taxed, there may be a deficiency in the tax and interest hereby directed to be raised, compared with the amount of tax and interest hereby required to be rejected and transmitted by the comptroller to the treasurer of the county of Allegany: Therefore,

Taxes to be raised.

li. Be it further enacted, That the supervisors of the county of Allegany, shall cause to be raised and collected the said deficiency as part of the tax of the present year, on the real and personal estate of the said towns of Nunda and Angelica; and the said supervisors are hereby directed to cause such further proceedings as may be required to collect the aforesaid taxes, as are directed by the act entitled "An act for the assessment and collection of taxes.'

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Bounds of village,

Election of trustees.

CHAP. CLXVI.

AN ACT to vest certain powers in the Freeholders and Inhabitants of the Village of Watertown.

Passed April 7, 1820.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the district of country in the town of Watertown, and county of Jefferson, comprised in the following bounds, that is to say: Beginning at the middle of Black river, seven and three fourths rods west of the bridge; from thence south twenty-nine degrees west, twenty-six chaips to the south side of the arsenal road, leading to Sacket's harbour; thence south thirty-six degrees east forty-two chains fifty links, to the Huntington road; thence north seventy-two degrees east, nine chains fifty links to the Woodruff road; thence north forty-seven degrees east, forty-eight chains fifty links, to the Black river; thence down the middle of said river to the place of beginning; shall hereafter be known and distinguished by the name of “The Village of Watertown."

II. And be it further enacted, That the freeholders and inhabitants, qualified to vote at town meetings, who may reside within the aforesaid limits, may, on the first Monday in May next, meet at some proper place therein, to be appointed and notified to the inhabitants by any justice within the said village, at least one week previous to the said first Monday in May, and then and there proceed to elect five freeholders, resident within said village, to be trustees thereof; who, when chosen, shall possess the several pow ers and rights herein after specified: And such justice shall

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