II. And be it further enacted, That in cases where the secre- 3 tary shall deem it advisable to transmit by mail any commission or supersedeas, he shall pay the charges of such transmission out of the fees of his office, and shall be allowed therefor in his settlement with the comptroller. BE CHA P. LIII. AN ACT for the Relief of Silas Winans. Passed March 20, 1807. E 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 commissioners of the land-office, and they are hereby required to grant letters patent to Silas Winans, and his heirs, late a private in captain Gershom Mott's company, in a regiment of artillery commanded by colonel John Lamb, for four hundred and fifty acres of land of the land set apart for the use of the line of this state serving in the army of the United States, and not otherwise appropriated, as a gratuity for his services in the late revolutionary war: Provided always, That previous to the issuing of the letters patent, the grantee shall pay into the treasury of this state the fees for surveying the land contained in such letters patent. CHA P. LIV. AN ACT relative to the real Estate of Cornelius Chatfield, deceased. Passed March 20, 1807. WHEREAS Chateld, deceased, in his life time made con WHEREAS it has been represented to the legislature, that tracts with Nahum Daniels and Nathan Smith, for one and a fourth of an acre of land, and with Benjamin Stephens and Zina Stephens, for two acres of land, lying in the town of Fairfield, in the county of Herkimer, and afterwards died intestate, without having executed conveyances to the said purchasers, and leaving several infant children, by reason whereof the said contracts cannot be carried into effect. For remedy whereof, I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for Zilpha Smith, late the widow and administratrix of the goods, chattels and credits of the said Cornelius Chatfield, deceased, to execute conveyances, pursuant to the said contracts, to Nahum Daniels and Nathan Smith, and Benjamin Stephens and Zina Stephens, or to their heirs or assigns, upon payment of the purchase money, with the lawful interest due thereon; which conveyances shall be as good and effectual in law as if the same had been executed by the said Cornelius Chatfield, in his life time: Provided always, That such conveyances shall not conclude the heirs of the said Cornelius. Chatfield, deceased, unless the chancellor of this state shall indorse on the same respectively, a certificate, that he is satisfied with the form of such conveyances, and that they are made in pursuance of existing and valid contracts entered into by the said Cornelius Chatfield in his life time. II. And be it further enacted, That the monies which the said administratrix shall receive, in virtue of the aforesaid contracts, shall be considered as assets in her hands for the payment of the first debts of her intestate; and in case of any surplus, such surplus shall be accounted for by her to the heirs of the said intestate as part of the proceeds of his real estate. 1. Ballston Spa, bounds of the village-2. Incorporation-3. Privilegen 31. ...... Provisions of a certain act extended to. 45. Act declared public-46. How long to remain in force. 21. Bread, assize of. 17. Bye-laws may be passed-18, 20. For what purposes. 16. Clerk, his duty 30. Constables, their duty. 7, 11. Election-8. To be by hallot-10, 13. Who to preside at. 19. Firemen, their number-not excused from jary or militia duty. 32. Forfeitures, to whom to be paid. 33. Infants, servants, &c. who liable for fines imposed on them. 26. Inhabitants competent witnesses where trustees are a party." 43. Meetings, special, of the inhabitants, may be called. 4. Monies may be raised by tax, for erecting public buildings and other improvements. By whom assessed and collected. 5. ...... 6. ...... Not to be levied without consent of the inhabitants. 29. Offenders-44. and disorderly persons, may be committed to prison. Assessments for 36. By whom made-37. Collected-38. To whom to be paid and how applied-39, 42. In default how levied-40. Further assessments may be made 41. To remain a lien on houses and lots. 24, 27. Penalties may be imposed-25, 28. How recovered. 23. Tippling houses and vicious gambling may be suppressed. 22. Waters, mineral, bye-laws may be passed for preservation of. 1 I. BE AN ACT relative to the Village of Ballston Spa. Passed March 21, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the county of Saratoga, contained within the following bounds, to wit: beginning at the northeast corner of a certain piece of land belonging to Asahel Simmons, and running thence along the east line of the same southwardly to the southeast corner thereof; thence eastwardly, parallel with the north line of Ballston, fifty-eight chains and nine links, to a white pine stump; thence northwardly, parallel with the east line of a lot belonging to Nicholas Low, fifty-four chains to a stake and heap of stones; thence westwardly, parallel with the north line of the said last mentioned lot, twelve chains to the northeast corner thereof, on the west side of the public highway; thence westwardly, on the last mentioned course, to the west line of land belonging to Joshua B. Aldridge; thence along the samne southwardly, to the southeast corner thereof; thence east2 wardly, to the place of beginning, shall continue to be known and distinguished by the name of the village of Ballston Spa; and that the freeholders and inhabitants who may from time to time reside in the said village, shall continue to be a corporation, by the name and style of the Trustees of the village of Ballston Spa, and by that 3 name, they and their successors may have perpetual succession, shall be known in law, and be capable of suing and being sued, and of defending in all courts and places whatsoever, in all manner of actions and causes; and that they and their successors may have a common seal, and may alter the same at pleasure, and shall be in law capable of purchasing, holding and conveying any real or personal estate, for the public use of the said village, and of erecting public buildings, such as fire-engine-houses, market-houses and school-houses, of raising money by tax for erecting those public 4 buiklings or making any other necessary improvements, which 5 money so to be raised, shall be assessed upon the freeholders and inhabitants of the said village, in proportion to their property, by assessors of the said village, to be chosen in the manner hereinafter mentioned, and collected by the collector of the said village in the same manner as the taxes of the said county of Saratoga are collected, by virtue of a warrant directed to him signed by any two of the trustees of the said village, and by him paid into the hands of the treasurer of the said village: Provided nevertheless, That no tax 6 shall be levied, nor money raised nor assessed for erecting public buildings in the said village, nor any purchase or sale of any real estate be made, nor any public buildings be erected or disposed of by virtue of this act, without the consent of the freeholders and inhabitants of the said village, qualified to vote for members of assembly, or a majority of them, to be given at a public meeting duly notified, II. And be it further enacted, That on the first Tuesday of May 7 next, at such time of the day and at such public place, within the said village, as shall be appointed for that purpose by a justice of the peace of the said village, and notified to the inhabitants thereof at least one week previous to the time appointed for the meeting, by affixing a written notice of the time and place thereof, in three of the most public places in the said village, the inhabitants of the said village, who are by law qualified to vote for members of assembly shall meet, and, by a plurality of votes, shall choose by bal- 8 lot out of the inhabitants of the said village, three trustees, one trea-- 9 surer, one collector, being freeholders in the said village, three assessors, one clerk and two constables, at which meeting the said 10 justice of the peace shall preside, and as inspector of the said elec-tion, shall canvass the ballots given at the same, and declare the several officers who shall have been chosen, and shall have power to decide on the qualifications of the electors, and in order to ascertain the qualifications of any person offering himself as an elec tor, may administer to him an oath and examine him touching the same; and the said justice shall provide a poll-book wherein shall be entered the names of the persons who shall vote at the said election; and that on the first Tuesday of May, in every year 11 thereafter, the inhabitants of the said village, who are qualified to. vote for members of assembly, shall meet at such times of the day, and at such places in the said village, as the trustees of the said village, shall from time to time appoint and notify in the manner 12 aforesaid; and then and there choose by ballot, out of the inhabitants of the said village, three trustees, one treasurer, one collector, being freeholders in the said village, three assessors, one clerk and 13 two constables, at which election the trustees for the time being or any one of them, shall preside as inspectors or inspector thereof, and canvass the ballots given at the same, and declare the several officers who shall have been chosen, and have power to decide on the qualifications of electors, and in order to ascertain the qualifications of any person offering himself as an elector, may administer to him an oath and examine him, touching the same; and the said trustees shall provide and keep poll books, wherein shall be entered the names of the persons who shall vote at such elections. 14 17 III. And be it further enacted, That all the officers of the said village, herein before mentioned, shall, before they enter upon the execution of their respective offices, severally take an oath or affirmation before a justice of the county of Saratoga, for the faithful 15 performance of the several duties of their respective offices; and the treasurer and collector of the said village shall also, before they enter upon the execution of the duties of their respective offices, severally give a bond, with two sufficient sureties, to be approved of by the trustees of the said village, in such sum as the said trustees or any two of them, shall deem proper, conditioned for the due execution of the duties of their respective offices and a faithful dis16 charge of the trust reposed in them; and it shall be the duty of the clerk of the said village, to enter all the proceedings of the said trustees, from time to time, in a book or books to be provided for that purpose by the said trustees, which books, shall at all proper times be open to the inspection of the inhabitants of the said village. IV. And be it further enacted, That it shall be lawful for the trustees and their successors, or a majority of them, from time to time to make, ordain and establish such prudential rules, regulations 18 and bye-laws as they shall deem expedient and proper, relative to public markets, within the said village, relative to the streets, highways, lanes and alleys, within the said village, and to filling up, paving, draining, cleansing, improving and keeping in order the same, relative to slaughter-houses and nuisances generally in the said village, relative to the establishing, regulating and ordering fire-companies, and ordering and procuring fire-buckets, fire-utensils, and guarding against fire generally, in the said village: 19 Provided, That the whole number of firemen to be appointed by the said trustees, shall not exceed at any one time the number of twenty, to be appointed and removed at the pleasure of the said trustees; Provided nevertheless, That the firemen so to be appointed, shall not be exempted from serving as jurors or in the militia, any law, usage or custom to the contrary not20 withstanding; relative to the restraining swine and geese, sheep, horses and cattle of every kind; relative to the improvement of the public buildings and the real estate belonging to the cor poration of the said village; relative to the establishing the as- 21 size of bread, in the said village monthly; relative to the preser- 22 vation of the purity of the mineral waters in the said village, not belonging to individuals, and the protection or preservation of all and every useful or ornamental improvement, building or erection, which now is or hereafter shall be made or erected around the same; relative to the restraint and suppression of tippling-houses 23 and other immoral and disorderly houses; relative to the restraint and suppression of vicious gambling of every kind, and relative to any thing whatsoever that may concern the police and good government of the said village; Provided, That no such bye-law shall be inconsistent with the laws of this state, or of the United States; 24 and the said trustees, or any two of them, as often as they shall make and publish any such bye-laws for the purpose aforesaid, may make and provide such reasonable fines or penalties, against the offenders against such laws, as they shall deem proper, not exceeding the sum of ten dollors, for any one offence, to be prosecuted and 25 recovered before any justice of the peace, or any court having cog nizance thereof, in the name and for the use of the trustees of the said village; and in any action commenced for the recovery of any such fine or penalty, it shall be lawful for the said trustees to declare generally in debt for such fine or penalty, and give the special matter in evidence; and on the said trial of all actions, in which 26 the said trustees shall be either plaintiffs or defendants, the inhabitants of the said village shall be competent witnesses for the said trustees; and that any judgment recovered for any fine or penalty made and provided as aforesaid, shall have the like effect and may be executed in like manner as judgments in ordinary actions of debt. V. And be it further enacted, That if any person shall wantonly or 27 wilfully pollute any of the mineral or medicinal waters in the said village, or commit any trespass or injury on any useful or ornamental improvement, building or erection around the same, and shall be thereof convicted before any justice of the peace in the said village, he shall, for every such offence, forfeit such sum, not exceeding twenty-five dollars, as the said justice of the peace who shall try the offender, shall impose, to be levied of the goods and chat- 28 tels of such offender, by warrant under the hand and seal of the said justice, before whom such offender shall be convicted; one moiety of which forfeiture, when collected, to be paid to the treasurer for the use of the said corporation, and the other moiety thereof to be paid to the person who shall have effectually prosecuted for the same; or, in the discretion of the justice of the peace who 29 shall try the offender, the said offender convicted as aforesaid shall suffer imprisonment without bail or mainprize, for such term, not exceeding thirty days for any one offence, as shall be imposed by the said justice of the peace, in the common gaol of the county of Saratoga, to be committed by warrant under the hand and seal of the said justice of the peace. VI. And be it further enacted, That the constables chosen in the 30 said village, pursuant to the directions of this act, shall have the VOL. V. K |