act, as in the judgment of the said chancellor may be necessary to pay and discharge the assessments, taxes and expenses imposed, assessed or levied on the said premises; and also for the purpose of defraying any expenses that may necessarily be incurred in regulating and levelling any part of their several proportions of the said real estate, adjoining any of the streets or avenues interseeting the same. sale. Conditions. II. And be it further enacted, That no sale shall be made by Bond to be virtue of this act until the party for whose benefit such sale shall given before be intended, shall cause a bond to be executed, with two sufficient sureties, to be approved by the chancellor, in such sum as the chancellor shall direct, conditioned for the true and faithful application of the monies arising from such sale, according to the intent and meaning of this act; which bond shall be filed in the office of the register, or assistant register of the court of chancery, for the use of the persons hereafter respectively interested in the said real estate, by virtue of the said last will and testament of the said Petrus Stuyvesant. CHAP. LXVII. AN ACT altering the time of holding the October Term of the in Putnam county. Passed March 7, 1820. BE it enacted by the People of the State of New-York, re- Term when presented in Senate and Assembly, That the October term of the held. court of common pleas and general sessions of the peace in and for Putnam county, shall hereafter be held on the second Tuesday in October in each year, instead of the third Tuesday in October. CHAP. LXVIII. AN ACT to prevent the destruction of Fish in the towns of Ancram and Taghkanick, in the county of Columbia. Passed March 7, 1820. ed in certain BE it enacted by the People of the State of New-York, re- Dams, nets, presented in Senate and Assembly, That it shall not be lawful for &c. prohibitany person or persons at any time before the first day of May, streaias, which will be in the year one thousand eight hundred and twentyfour, to erect any dam or dams, set any nets, seines or fikes, or make a weir or other obstructions in the streams, creeks, or outlets of ponds, in the towns of Ancram and Taghkanick, in the county of Columbia, whereby the fish may be diverted or prevented from passing their usual course in said streams, creeks, or outlets; and any person offending herein, shall, for every such offence, forfeit the sum of twenty-five dollars, to be recovered with costs of suit, by the overseers of the poor of the town in which the offence may be committed, in an action of debt, before any court having cognizance thereof; the one half of which forfeiture when recovered, shall be paid to the informer, and the other half to the said overseers of the poor, for the use of the poor of their town. Fences and ditches au thorised. CHAP. LXIX, AN ACT for the protection of the Salt Meadows, in the town of Passed March 7, 1820. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, it shall be lawful for the owners and possessors of all that tract of salt meadow, situate in the town of Orange, in the county of Rockland, and which is included between the Eel kill, (so called,) on the south, the Slote creek and point of Taulinan's mountain, on the north, and the partition line between the owners of the upland and salt meadows, on the west, to erect fences, or cut ditches, or both, as may be thought most useful, around such Road, &c. to part of said meadows as now is, or may hereafter become necessa be kept in repair. Meetingshow called and held. ry to guard against horses, cattle, sheep or swine, and to keep in repair the private road, the swinging gates, the fences and bridges on the south side of, and near the said lote creek. II. And be it further enucted, That it shall be lawful for any one or more of the proprietors of said meadows to call a meeting of said proprietors and possessors of said meadows, by giving ten days notice of such meeting, in an advertisement to be signed by such person or persons who may call such meeting, and putting up the same in six conspicuous places, three in said town of Orange, and three in the town of Harrington, in the state of New-Jersey, which advertisement shall express the time and place of such meeting, and the object of the same, and which meeting shall be held in the said town of Orange, which owners or possessors, or such as shall assemble in pursuance of such notice, shall when met, proceed to elect, by a plurality of votes, five persons, Managers to being owners of some part of said tract, inanagers, to cause to be made and kept in repair, the roads and bridges, and also the fences or ditches, necessary to enclose said tract, and for the purpose of making assessments herein after mentioned, and superintending the expenditure of all the monies to be received and paid for the purposes aforesaid, and to superintend and manage generally the interest of said owners or possessors of said meadows; which said managers so elected, shall continue in office until the first Monday of April, one thousand eight hundred and twenty-one, when a new election shall take place; and so on the first Monday in April, in each year afterwards, at such place as shall be agreed upon by a majority of said persons assembled at a previous annual meeting: and said persons thus chosen managers shall continue in office until others are chosen. be chosen, and their duty. Elections when to be beld. be made. III. And be it further enacted, That the persons so elected as Estimate or aforesaid managers, shall by virtue of this act, be authorised to assessment to make an estimate of the part of the tract benefitted by such enclosure, shall ascertain the number of acres as accurately as they can, which each individual owns or possesses therein, and which may, in their opinion be benefitted by such enclosure, which estimate when made, shall be by the said managers fairly entered in a book to be kept for that purpose, in which book shall be entered the names of the persons, from time to time elected to superintend the proceedings as aforesaid; and all assessments shall be made according to the first assessment, until the same is altered by a majority of the owners and possessors of said tract, assembled in regular meeting. agers, to de IV. And be it further enacted, That as soon as any assessment Duty of man is made, and the sum which each individual has to pay is ascer- mand same, tained, it shall be the duty of said managers to demand from each individual, his or her proportion, either personally, or by leaving a statement thereof at his or her dwelling house; and on failure of payment thereof for thirty days after such demand or notice, it shall be lawful for such managers to sue for, and recover the same, and to sue in their own' names, from each individual so assessed and notified, therefor. together with the costs of prosecution, before any court of competent jurisdiction in said county of Rockland. V. And be it further enacted; That the managers shall annu- Managers to ally account to the owners for all monies which have come to their account annu ally and how. hands as aforesaid, and shall pay over the balance remaining in their hands to their successors, together with the book directed to be kept by them, immediately on their going out of office, under the penalty of fifty dollars, to be sued for and recovered by their successors, with costs of suit, and to be applied by them, when recovered, to the purposes contemplated by this act. to be empoun VI. And be it further enacted, That if any horses, cattle, sheep cattle, &c. or swine shall be found running at large, in any part of the tract when & how enclosed as sforesaid, it shall and may be lawful for any owner ded. or possessor of any part of said tract, to take and drive the same to any public pound, in the town of Orange, and shall as soon as may be, make an affidavit, stating that the same were taken ruus ning at large on said tract; and in such affidavit, shall give a description of the annimal so taken and impounded, which affidavit shall be left with the pound keeper when the same are empounded, and the person empounding shall be entitled to receive for every head so empounded, the sum of one dollar, to be collected by the pound master from the owner, or from the sale of the beasts so empounded, and which shall be the amount of the damages to be paid on such occasion; and the pound master is directed to receive such Duty of pound beasts, and proceed in the same manner as is directed in and by master, and the twenty-first section of the act relative to the duties and privileges of towns; and he shall be entitled to the same fees, and subject to the same penalties for the neglect of duty, as are given in and by said act. fees. tle, &c. into VII. And be it further enacted, That if any person or persons Driving catshall drive or let in any horses, cattle, sheep or swine, within the the said tract said tract, after it shall have been enclosed as aforesaid, with an intent to run at large therein, such person er persons shall be sub declared a trespass. Subject to ject to an action of trespass, to be brought in the name of the managers aforesaid, and be liable to pay treble damages, to be astreble dama sessed by a jury, in any court having cognizance of the same, fogether with the costs of prosecution. ges. appropriated. Damages re- VIII. And be it further enacted, That the damages and penalovered how ties recovered by virtue of this act, shall be appropriated and applied, from time to time, towards making and repairing the roads and bridges, and also, the fences and ditches, deemed necessary to enclose said tract. 12 additional firemen authorised. A cession of part of a thorised. CHAP. LXX. AN ACT to amend an act, entitled "an act to incorporate the village of Utica," passed April 7, 1817. Passed March 7, 1820. 1. 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 board of trustees of the village of Utica, to appoint twelve firemen, in addition to the number authorised to be appointed by the act hereby amended, and have power to remove the same firemen, and appoint others in their stead, which firemen so appointed, shall enjoy the same privileges as are allowed to firemen in and by the aforesaid act hereby amended. II. And be it further enacted, That it shall and may be lawful for the board of trustees of said village, for, and on behalf of turnpike, au- the freeholders and inhabitants of said village, to receive from the president and directors of the Seneca turnpike company, a cession or grant of so much of the Seneca turnpike road as lies within the bounds of said village, or any portion of the same, within the limits of said village; the evidence of such cession or grant shall be in writing, under the seal of the said turnpike company, and To be recor- signed by the president thereof, and recorded in a book of records of deeds, in the office of the clerk of the county of Oneida, and that from and after the time of recording the evidence of the said cession or grant, the said turnpike company shall be discharged from all further responsibility and expense in keeping in repair said road so granted, and that the same shall from thence forward be considered a public highway of said village. ded. CHAP. LXXI. AN ACT further to amend an act entitled "an act for giving relief in cases of Insolvency," and also, to amend an act, entitled “an act to abolish imprisonment for debt, in certain cases.” ¡ Passed March 7, 1820. Certain oath BE it enacted by the People of the State of New-York, may be taken before any represented in Senate and Assembly, That the oath mentioned judge. in the fifth section of the act, entitled "an act for giving relief in cases of insolvency," passed April 12th, 1813, and the oath mentioned in the second section of the act, entitled "an act to abolish imprisonment for debt in certain cases," passed April 7th, 1819, and the proof of the residence of any person applying for the benefit of either of the said acts, may, in cases where such application is made by a debtor, either in actual confinement, or confined to the limits, be taken before any judge of the court of common pleas, of the county in which the person so applying shall reside, any thing in the act hereby amended to the contrary notwithstanding. 3 CHAP. LXXII. AN ACT concerning certain highways in the town of Kings bury. Passed March 7, 1820. WHEREAS, the proprietors of the said township of Kingsbu- Preamble. ry, at the time they laid out the town plot, (so called) into lots, did reserve certain portions of their lands, for roads or streets, for the benefit of the several owners of the said lots, which said reservations are designated on the map and survey of said town, which map and survey are on file in the secretary's office: And whereas, the commissioners of highways of said town, did, on the ninth day of September, one thousand eight hundred and eight, pursuant to the statute in such case provided, cause such streets or roads to be ascertained, surveyed and recorded, and order the same to be opened accordingly: And whereas, the roads and streets thus distinguished by said commissioners, have not been opened and worked within the period prescribed by the twenty-third section of the act, entitled" an act to regulate highways:" Therefore, pre ceedings con BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the doings of the com- Certain missioners of highways, within and for the town of Kingsbury, firmed. on the ninth day of September, one thousand eight hundred and eight, in relation to the roads by them ascertained and directed to be opened, in the town plot, (so called,) within said township of Kingsbury, be held valid and in full force, any limitation thereof to the contrary notwithstanding; and that the individuals interested in having the said roads opened, agreeable to the true intent and meaning thereof, may proceed to open and work the same as public roads or highway.. CHAP. LXXIII. AN ACT authorising George M'Clure to continue or rebuild a dam now erected across the Conhocton river. Passed March 7, 1820. BE it enacted by the People of the State of New-York, re- Dam to be presented in Senate and Assembly, That George M'Clure is here- erected, and by authorised to erect a dam or continue and keep in repair how. |
