electors residing in the said cities, towns or wards for which they shall respectively be appointed, and enter the same in their returns to be delivered as aforesaid, in manner following, that is to say: For the said city of Hudson, the wards of the city of Schenectady, and the several towns in the state, in the first column the name of the head of each family; in the second column the whole number of male inhabitants in the same family, if any, who are above the age of twenty-one years, and are possessed of freeholds within this state of the value of two hundred and fifty dollars, over and above all debts charged thereon; in the third column the whole number of male inhabitants in the same family, if any who are above the age of twenty-one years, and are possessed of freeholds, in the county of their residence, of the value of fifty dollars; in the fourth column the number of male inhabitants in the same family, if any, not possessed of freeholds in the same county, and above the age of twenty-one years, who rent ténements of the value of five dollars; but no person shall be numbered in the said third column who has been numbered in the said second column, nor any person numbered in the said fourth column who has been numbered in either the said second or third column; and for the said city of New-York the returns of the said census shall, in respect to the four first columns, be taken in like manner as aforesaid, and in the fifth column shall be inserted the number of male inhabitants of the same family, if any, who were freemen of the city of New-York on the fourteenth day of October, one thousand seven hundred and seventy-five; and for the said city of Albany the like proceedings shall be had in respect to the four first columns, and in the fifth column shall be entered the number of male inhabitants in the same family, if any, who were freemen of the same on the twentieth day of April, one thousand seven hundred and seventy-seven, and no person shall be numbered in the said fifth column who has been numbered in either of the other columns; and the returns so made out as aforesaid shall be certified by the person taking the same to be true, according to his best knowledge and belief, and subscribed and sworn to before any justice of the peace, who shall certify such attestation; and such person shall, on or before the 7 first day of December next, cause the returns by him made out as aforesaid to be delivered in manner following, that is to say: For the said cities of Hudson, Schenectady, Albany and New-York, to the clerks of the same cities respectively, and for the said towns to the respective clerks thereof; which clerks of the said cities of Hudson, Schenectady and Albany, and the said towns, shall cause such returns, without delay, to be delivered to the treasurers of the g counties respectively in which such cities or towns are situated, who shall, on or before the first day of February next, enclose such returns under seal, and by some one member of the legislature, for the time being, or other safe person, transmit the same to the secretary of this state; and the clerk of the said city of New-York shall, within the like period, enclose and cause to be delivered to the said secretary as aforesaid, the said returns for said city, 6 9 III. And be it further enacted, That the persons so appointed to take the said census, shall be and are hereby respectively authorized to administer an oath to and examine any person touching the pre10 mises, to enable them to execute the duties enjoined; and if any person shall, whether upon oath or otherwise, give to any such person appointed to take the said census false information, either as to number or qualification of any persons as electors, such person, so offending, shall forfeit the sum of twenty-five dollars, to be recovered, with costs of suit, before any justice of the peace, to the 11 use and benefit of any person who shall prosecute therefor; and if any of the said persons whose duty it shall be to appoint proper persons to take the said census, or any of the persons so appointed, or any county treasurer, or any other person on whom any duty is imposed by this act, shall refuse or neglect to perform the duty enjoined upon them respectively, every such person so offending, shall forfeit and pay to the people of this state the sum of one hundred and fifty dollars, to be recovered by the attorney-general, with costs of suit, by action of debt or information, in any court of record having cognizance thereof. 12 13 IV. And be it further enacted, That the accounts of the persons taking the said census shall be audited by the supervisors of the county, and thereupon be assessed, collected and paid as part of the contingent expenses of the same county; and if it shall be necessary in any case to transmit to the secretary of this state the said returns by special messenger, such messenger shall be allowed at and after the rate of eighteen cents per mile for his travel, going only, to the secretary, to be paid by the treasurer of the state, upon the certificate of the secretary thereof. V. And be it further enacted, That the secretary of this state shall, without delay, after receiving the said returns, make and report to the legislature a general account of the electors of the state, in the manner prescribed by the eighth section of the said recited act. CHA P. CIX. 1. Aqueduct company of Waterford incorporated-2. Privileges. 15. Brooklyn, bounds of the fire-district of the town of, described. 11. Calls on the stockholders, trustees authorized to make. 6. Chairman, how chosen.-5. Election, to be by ballot.-7. Officers, how chosen. 12. Dividends, half yearly to be made. 14. Lands, necessary for the company's use, how paid for. 3. Shares, number and value-10. Personal property and transferable. 13. Suits brought by virtue of this act to be actions of debt. 4. Subscriptions, how received. 5. Trustees, five to be chosen-9. Their powers-8. To fill vacancies. AN ACT to incorporate the Waterford Aqueduct Company, and for WH other Purposes. Passed April 3, 1807. 7HEREAS certain persons have associated for supplying the village of Waterford with wholesome water by means of aqueducts. Therefore, I. BE it enacted by the People of the State of New-York, refiresented in Senate and Assembly, That Jacobus Van Schoonhoven, James Oliphant, Samuel Stewart, John Hazard, Daniel G. Garnsey, and such other persons as may be associated for the purpose aforesaid, shall be and are hereby made and created a corporation and body politic, by the name of "The Waterford aqueduct company," and by that name shall be capable in law to sue and be sued, plead and be impleaded in any court whatever, and may have a common seal, and after and change the same at pleasure; and may hold, enjoy and convey such real and personal estate as may be ne cessary for the attainment of the object aforesaid, not exceeding two thousand dollars in the whole, exclusive of the profits or income of the said aqueducts. II. And be it further enacted, That the stock of said company shall consist of two hundred shares of twenty-five dollars each. III. And be it further enacted, That the aforesaid associates shall cause to be opened a book in the village of Waterford, giving three days notice of a time and place certain, that the inhabitants may have an opportunity of subscribing for the stock or shares of the said company, and when the shares shall be taken up it shall be the duty of the associates to give three days public notice of a time and place certain for the stockholders to meet for the purpose of choos ing five trustees to manage the affairs of the company; which election shall be by ballot, each stockholder having one vote for each share, and the five persons having the greatest number of votes shall be the trustees of said company for one year, at the éxpiration of which the company shall, in like manner, choose five stockholders to fill their places; and the day of the week and month, on which such election shall be, shall for ever thereafter be the annual day of election to said company. 3. 4 5 6 IV. And be it further enacted, That the trustees shall, when elected, proceed to elect one of their number for chairman, and 7 that the chairman and trustees shall choose a treasurer, clerk, and such other officers as may be necessary to carry into effect the ob ject of this incorporation. V. And be it further enacted, That whenever any vacancy of trustees of said incorporation shall happen by death, removal or otherwise, a meeting of the stockholders may be called at a time and place certain, by order of the said chairman and trustees, and the vacancy filled in the manner as aforesaid. VI. And be it further enacted, That the trustees shall have authority to make all contracts for and in behalf of said company, and to ordain such bye-laws and rules as they may deem necessary for the promotion and preservation of said institution, and to impose penalties not exceeding the value of three dollars for each offence or breach of such bye-laws, rules and regulations, and to prevent injuries to conduits or aqueducts of the company, or drawing water therefrom without due authority from the trustees aforesaid: Provided, such bye-laws shall not be inconsistent with the constitution and laws of the United States nor of this state. VOL. V. ૨ 8 9 10 12 13 14 VII. And be it further enacted, That the shares in the said Waterford aqueduct company shall be taken, deemed and considered to be personal estate, and shall and may be transferable, and the transfers of said shares shall be made and entered by the clerk of said corporation, in a book kept by him for that purpose. VIII. And be it further enacted, That it shall be lawful for the trustees for the time being, to call and demand from the stockholders respectively all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as they shall see fit, under pain of forfeiture of their shares and all previous payments thereon to the said company, always giving however thirty days previous notice of such call and demand. IX. And be it further enacted, That it shall be the duty of the trustees to make half-yearly dividends of so much of the profits of the said Waterford aqueduct company as to them or a majority of them, shall seem advisable. X. And be it further enacted, That all actions brought by virtue of this act may be actions of debt, and the special matter shall be given in evidence. XI. And be it further enacted, That if said company shall have occasion to take possession of any ground for the attainment of the object aforesaid, it shall be their duty to agree with the owner or owners of such ground for such privilege; and in case of disagreement, it shall be the duty of said company to apply to two or more of the judges of the court of common pleas of the county of Saratoga, who shall appoint, under their hands and seals, three disinterested persons, as appraisers of said ground, whose determination, when complied with by said company, shall be final between the parties. XII. And whereas, by the act of February twentieth, one thousand eight hundred and seven, entitled "An act to amend an act, entitled "An act to vest certain powers in the freeholders and inhabitants of part of the town of Brooklyn, in Kings county," the boundary of the fire-district, as described in the first section of said 15 act, is incomplete. For remedy whereof, Be it further enacted, That the limits of the fire-district, in the town of Brooklyn, be extended from the still-house, along the East-river southwardly, to the public landing near the dwelling house of Ralph Patchin; thence eastwardly, up the road, leading from the said landing, to its junction with Redhook-lane; thence along said Redhook-lane to where it intersects the road leading from Brooklyn ferry to Bedford; thence, a northeast course, to the head of the Walleboght mill-pond, and thence, in the original line of demarcation, to the place of beginning, any thing in the above recited act to the contrary notwithstanding. BE CHA P. CX. AN ACT for the Relief of Uriah Gregory. Passed April 3, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the comptroller of this state, to accept from Uriah Gregory, a release to the people of this state, duly executed and acknowledged by him, of all his right, title and interest, in and to lots number forty-nine and fifty, in the Cayuga reservation, with covenants to be inserted therein against all acts done or suffered by the said Uriah Gregory, whereby his title to the said lots, can be in any manner impaired, impeached, defeated or incumbered; and that upon the delivery of such release to the comptroller, it shall be his duty by writing under his hand and seal to exonerate, release and discharge the said Uriah Gregory, his heirs, executors and administrators, as well of and from the mortgage executed by him of the same lots to the people of this state, as from the judgment obtained thereon, upon the said Uriah Gregory's paying all the costs and expenses which have hitherto accrued in consequence of any proceedings respect ing the said mortgage, in behalf of the people of this state. AN ACT for the Relief of the Creditors of William Pettet, deceased. Passed April 3, 1807. I. ВЕ B E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for Obadiah Pettet and Stephen Jackson, administrators of the goods, chattels and credits of William Pettet, late of the town of Minisink, in the county of Orange, deceased, or the survivor of them, to execute a conveyance in fee simple, to Isaac Townsend, his heirs or assigns, of such part of the real estate whereof the said William Pettet died seised, as the said William Pettet, in his life time, hath by any written contract made with the said Isaac Townsend, agreed to sell and convey to him, his heirs and assigns, upon the said administrators, or the survivor of them, receiving the purchase money with the interest stipulated to be paid in and by the said contract, which conveyance shall be as good and effectual in the law as if the same had been executed by the said William Pettet in his life time : Provided nevertheless, That such conveyance shall not be valid until the chancellor of this state shall endorse a certificate thereon, that the said contract is valid; and that he approves of the same conveyance, II. And be it further enacted, That the monies which the said administrators or the survivor of them shall receive on the aforesaid contract, shall be assets in their or his hands, for the payment of the just debts of the intestate, and in case of any surplus, it shall be accounted for to his heirs. CHA P. CXII. 1. Officers named, to count and estimate the votes for governor, senators, &c. Their duty to conform to directions of certain acts. 2. AN ACT supplementary to the Act, entitled "An Act for regulating Elections." Passed April 3, 1807. E it enacted by the People of the State of New-York, represent- I Bed in late and Pembly, That the secretary, the comptrol |