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in Brothertown, unless two of the superintendents shall grant a certificate under their hands, to be entered in the clerk's book, that he has not been in the practice of making an improper use of spiritous liquor for the space of one year, previous to the giving of such certificate.

VI. And be it further enacted, That no person shall sue or maintain any action on any bond, bill, note, promise or other contract hereafter, to be made against any of the Indians of the Seneca tribe or nation, and every person who shall sue or prosecute any such action against any of the said Indians, shall be liable to pay triple costs to the party aggrieved.

VII. And whereas, the two parties of the Oneida nation of Indians, to wit: the christian party and the pagan party, on the partition of their reservation lands, did convey to Cornelius Dockstader, an Oneida Indian, and to his heirs and assigns, in the deed of partition aforesaid, recorded in the secretary's office, one hundred acres of their said reservation, land bounded on the north, by the turnpike road, on the east, by land belonging to Frederick Young, on the south, by the creek emptying itself into the Oneida-creek and extending so far west as to contain the said one hundred acres. Therefore, Be it further enacted, That all the right, title, interest and claim of pre-emption, of, in and to the said one hundred acres of land, as above described, be and the same is hereby granted to the said Cornelius Dockstader, his heirs and assigns.

VIII. And be it further enacted, That it shall and may be lawful for the superintendents of the Brothertown Indians, for the time being, or a majority of them, by and with the advice and consent of the person administering the government of this state, for the time being, and by and with the consent of the Stockbridge Indians, to sell or to lease so much of their land on the turnpike road in one or more parcels, as they shall judge most convenient for keeping public houses for the accommodation of travellers, and shall take such securities for the same and cause their accounts to be audited, and a report made of their proceedings as is directed by the ninth and 10 tenth sections of the act hereby amended; Provided always, That no more land than three hundred acres be sold or leased by the said superintendents.

11 IX. And be it further enacted, That the interest of the monies arising from the sale of the said land or from the rents thereof, shall be applied by the said superintendents for the purposes mentioned in the eighth section of the act hereby amended.

CHA P. CXVIII.
CONTENTS.

1. Powder magazine for the state, to be erected in the city of New-York.

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2. Public powder, in the magazine at N. York, may be removed for greater safety.

AN ACT to erect a Powder Magazine within the City of New-York. Passed April 3, 1807. HEREAS the mayor, aldermen and commonalty of the city of New-York have, by their memorial to the legisla

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ture, represented, that the powder magazine belonging to the said city, near the fresh water-pond, in the ninth ward, has, from the increased settlement in that neighbourhood, become dangerous to the inhabitants thereof, but that the common council having assented to the keeping of the public stores in the said magazine, do not think themselves authorized to move the same without the concurrence of the legislature, and have therefore prayed that the legislature would cause a building to be erected for the keeping the pow der belonging to the state in some place more safe and secure than that of the present magazine. Therefore,

I. BE it enacted by the People of the State of New-York, repre- 1 sented in Senate and Assembly, That the commissary of military stores shall, under the direction of the person administering the government of the state, cause a suitable building to be erected for the safe keeping of the powder belonging to the state at such place, within the said city of New-York, as, in the opinion of the person administering the government of the state, shall not endanger the safety of the inhabitants of the said city, and shall be a secure deposit for the said property; and, until the said building shall be erected, it shall be lawful for the person administering the government of the state to direct the removal of the powder belonging to the state, at present in said magazine, to such other place of safety as he shall judge proper.

II. And be it further enacted, That a sum, not exceeding three thousand dollars, be and the same is hereby appropriated for the purpose of erecting said magazine; and the treasurer of this state is hereby authorized, on the warrant of the comptroller of the state, to pay to the order of the person administering the government of the state, the said sum, out of any monies in the treasury not otherwise appropriated, for the purpose aforesaid.

CHA P. CXIX.

AN ACT to alter the Time of holding the Town Meetings in the
Town of Harpersfield, in the County of Delaware.

B

Passed April S, 1807.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That all future annual town meetings to be holden in the town of Harpersfield, in the county of Delaware, shall be holden on the first Tuesday in April, in every year, and that all business relating to the said town, which would otherwise be transacted on the last Tuesday in February, shall be transacted on the last Tuesday in March, in every year hereafter.

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6. ......

CHA P. CXX.

CONTENTS.

1. Court-house and gaol in Essex, comm'rs. to designate scite for-2. With proviso. Comm'rs. to superintend the building-7. Their duties-8. To account. 9. ..... When completed to be the gaol-10. And court-house of the county. S....... Compensation to commissioners who shall designate the scite of. 4. Monies to be raised for building court-house and gaol-5. With Proviso.

AN ACT to establish a Court-House and Gaol in the County of Essex, and for other Purposes.

1 I.

BE

Passed April 3, 1807.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That Peter Sailley, of Plattsburgh, in the County of Clinton, David Thomas and John Savage, of the county of Washington, Esquires, are hereby appointed commissioners for designating a place for a court-house and gaol for the county of Essex, and for that purpose the said commissioners shall, as soon as may be, after the passing of this act, and before the first day of August next, repair to the said county of Essex, and after exploring the same, ascertain and designate a fit and proper place therein for erecting said court-house and gaol, having respect or reference to a future alteration of the boundary line or division of the said county, if, in their opinion, any such alteration or division 2 may be necessary: Provided always, That in case the commissioners above named, or any two of them, shall not be able to agree upon a place for the said court-house and gaol, it shall then be their duty to nominate an additional commissioner to associate with them in discharge of the said trust, and the determination of any two of such commissioners, in case of the non-attendance of the other, on due notice being given for that purpose, shall be competent to discharge said trust; and the concurrence of any two of such commissioners shall be conclusive in the premises.

3 II. And be it further enacted, That the said county of Essex shall allow and pay to each of the said commissioners, so as aforesaid appointed to designate the scite of the said court-house and goal, at and after the rate of three dollars per day, for each and every day they shall be employed in executing the trust enjoined on them by this act, which allowance shall be levied and paid as part of the contingent charges of the said county of Essex; and the treasurer of the said county of Essex is hereby required and directed to pay the same out of any monies in the treasury, an account of which he shall exhibit to the board of supervisors of the said county at their next meeting.

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III. And be it further enacted, That the supervisors of the several towns in the county of Essex, for the time being, or a majority of them, shall be and are hereby authorized and required to direct to be raised and levied on the freeholders and inhabitants of the said county of Essex the sum of three thousand dollars, for building the court-house and gaol as aforesaid, and for purchasing so much land as shall be sufficient for the said court-house and gaol and a yard thereto, with the additional sum of five cents on each dollar for col

lecting the same, and one cent on each dollar to be paid to the treasurer of the county; which said sum shall be raised, levied and col. lected in the same manner as the other necessary and contingent charges of the said county are levied and collected: Provided how-s ever, That nothing herein contained shall be held or construed to authorize the said supervisors to raise and levy more than one thousand dollars in one year.

IV. And be it further enacted, That it shall be lawful for the su pervisors in the said county of Essex, or a majority of them, to appoint three commissioners, who shall be freeholders in the said county, to superintend the building the court-house and gaol to be erected in the said county of Essex, at such place as may be fixed and determined upon by the commissioners for that purpose in this act before appointed; and the said commissioners, or a major part 7 of them, shall and may contract with workmen and purchase materials for erecting the said court-house and gaol, and if necessary, for the proceeding with the building of the said court-house and gaol, may expend monies in and about the same, which shall be repaid and settled out of and from the sum so as aforesaid to be levied, and raised for the building the court-house and gaol, whenever the same shall be levied and collected, and shall, from time to time, draw upon the treasurer of the said county for such sums of money for the purposes aforesaid, as shall come into the treasury by virtue of this act; and the treasurer is hereby required, out of any monies aforesaid, to pay to the order of the said commissioners the several sums of money to be by them drawn for; and it is hereby made the duty of such commissioners, so to be appointed, to account with the supervisors of the said county of Essex for the monies which they have received from the treasury when thereunto required by a majority of the said supervisors.

V. And be it further enacted, That the building, so to be erect- 9 ed for the court-house and gaol at the place which shall be designated as aforesaid, shall be the gaol of the said county of Essex, and as soon as the same is completed in such manner as to confine pri soners, it shall and may be lawful for the sheriff of the said county of Essex to remove his prisoners, either upon civil or criminal process to such gaol, and confine them therein, and such removal shall not be deemed an escape in such, sheriff.

VI. And be it further enacted, That it shall and may be lawful to for the courts of common pleas and general sessions of the peace, in and for the said county of Essex, as soon as the said court-house and gaol shall be finished so as to accommodate the same courts, to adjourn to the said court-house, and thereafter to continue to hold the terms of the said courts at the said court-house, and no action or prosecution depending in the said courts shall be abated, discontinued, or in any manner prejudiced in law by such adjourn ment.

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CHA P. CXXI.

CONTENTS.

16. Aqueduct company of Otsego, incorporated-17. Powers and privileges.

1. Village of Otsego, bounds thereof 5, 6. Inhabitants may enact bye-laws and impose
7. Clerk, trustees to appoint-8. His duties.
[penalties.

2. Election, first--4. Anniversary.

9. Firemen, number and duty-UL. Privileges-10. May be removed.

12. Fire-engine and implements, inhabitants to determine what sum shall be raised for the purchase of-13. How apportioned and collected-14. Sum limited. 3. Trustees, five to be chosen-7, 9, 13. Powers and duties.

15. ....

Appeals may be made from their apportionments.

AN ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Otsego, in the County of Otsego.

1 I.

BE

Passed April 3, 1807.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the district of country, contained in the following bounds, to wit: beginning at the east side of the outlet of lake Otsego; thence down the east side of the Susquehannah-river, until it strikes the north line of Thomas Shankland's land; thence west, one mile and one quarter; thence north, until it strikes the north line of John Miller's land; thence eastwardly, along said line to lake Otsego, and from thence along the margin of said lake, to the place of beginning, shall hereafter be known and distinguished, by the name of "The Village of Otsego."

2 II. And be it further enacted, That all the freeholders and inhabitants qualified to vote at town meetings, who may reside within the aforesaid limits, may on the third Tuesday in May next, meet at some proper place to be appointed and notified to the inhabitants, by any justice of the peace, in the town of Otsego, at least one 3 week previous to the said third Tuesday; and then and there proceed to choose five freeholders, resident within said village, to be trustees thereof; who, when chosen, shall possess the several powers and rights hereafter specified; and such justice shall preside at such meeting and declare the several persons having a majority of 4 votes as duly chosen trustees, and on every third Tuesday in May, after the first election of trustees, there shall in like manner be a new election of trustees of said village.

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III. And be it further enacted, That the said freeholders and inhabitants at their annual meeting, to be as aforesaid; and at such other times in the year as the said trustees, or a majority of them may think necessary to advertise for the purpose, shall be and they are hereby authorized and empowered from time to time to make, ordain, constitute and establish such prudential rules, orders and regulations as a majority of such freeholders and inhabitants so assembled, and having a right to vote, shall judge necessary to compel the house-keepers in the village of Otsego aforesaid, to furnish 6 themselves with a sufficient number of fire-buckets, and to impose such penalties on the offenders of such rules, orders and regulations, or any or either of them, as the majority of such freeholders and inhabitants so assembled, shall from time to time deem

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