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be levied and collected in the said city for the use of thiş ject to the state, perform the like duties as the treasurers of the seve.

like duties

and regularal counties of this state are by the said act required to do tions as the and perform, and be accountable in like manner to the the several said mayor, recorder and aldermen as the supervisors of comties . the said city, and once in every year, between the third Tuesday of November and the first Tuesday of December, and at such other times and at such places as the said mayor, recorder and fidermen shall direct, exhibit to them his books and accounts, and all vouchers relating to the same, to be examined and audited, and shall also before entering upon the execution of his office give the like security by bond to the mayor, aldermen and commonalty of the said cfty, and the obligors in such bond, their heirs, executors or administrators, shall jointly and severally be liable to be prosecuted on such bond, and such chamberlain shall also be liable to such other actions and in the like cases as the said treasurers of the other counties of this state and their sureties are respectively liable to by the said act, and the monies recovered in any such ac. tion shall be paid and applied in the like manner ; and in case of the death, resignation or removal from office of such chamberlain, all the

books and papers belonging to his of fice shall be delivered to his successor in office upon oath in like manner as if the case of the death, resignation or removal from office of the treasurer of any other county, and upon refusal..fr neglect so to do when lawfully demanded, every person so refusing or neglecting shall forfeit the like penalties to the mayor, aldermen and com. monalty of the said city, to be recovered and applied in like manner as in the cage of such refusal or neglect, on the death, resignation or removal from office of the treą. surer of any other county.

III. And be it further enacted, That all monies which How monies shall come to the hands bf the chamberlain of the said received by city for the maintenance of the poor and for defraying paid. the other contingent expenses of the said city, or for any other purpose in the said city, and for any penalties or forfeitures incurred by virtue of this act and appropriated hereby to the use of the said city, shall be paid by him to such persons and in such manner as the mayor, aldermen and commonalty of the said city in common council convened, by warrant under the hand of the mayor or recorder of the said city, presiding in such common council, shall from time to time direct; and the said chamberlain shall be entitled to retain for his services seven mills for every dollar which he shall receive and pay, one half for receiving and the other half for paying ; and he shall

Annually to annually on the first Monday in Dedember, publish in one publish an as or more of the public newspapers in the said city a state- ceipts and ment of all monies received by him for the use of the said expenditures.

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city, and the purposes to wifith the same have been appli

ed, as mentioned in such warrants. Mayor, recor. IV. And be it further enacted, That it shall be lawful der and alder for the mayor, recorder and didermen of the said city, or ered to act. any five or more of them, of whom the mayor or record

er shall always be one, to do and perform every act which

the said mayor, recorder and aldermen are by this act All questions, authorized or required to do and all questions at any by a majority meeting shall be determined by the opinion of the majori

ty of the members attending the same. Penalty for V. And be it further enacted, That if any mayor, reneglect of du. ty.

corder or aldermen of the said city and county of NewYork shall wilfully neglect or refuse to perform any of the duties required of him Hy this act, he shall for every such offence incur the like forfeiture as in the case of such refusal or neglect by any supervisor in the other counties of this state by virtue of the said act, and to be

recovered and applied in likg manner. Collectors of VI. And be it further enacted, That the collectors of

taxes in the city and county of New-York shall severally collected to

on the first Monday in each and every month, and oftener the chamberlain.

if thereunto required by the said chamberlain or treasurer, pay to the said chamberlain or treasurer the monies by

them from time to time collected, and shall exhibit to him Hellment rolls their respective assessment rolls whenever they shall be so

required to do by said chamberlain, for the inspection of Penalty for the mayor, aldermen and commonalty aforesaid, under neglect.

the penalty of two hundred and fifty dollars for each de

fault in the premises, to be ued for in any court having How to be re cognizance of the same ; and it shall be the duty of the said applied.

mayor, aldermen and commonalty in common council 'convened, to prosecute for the same, and to appropriate such penalties when recovered to the support of the poor of said city.

taxes when to
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WH

Preamble,
reciting the
memorial of
the common
council of
New-York.

TWENTY-FOURTH SESSION. CHAP. VI. An ACT for the Relief of the Mayor, Aldermen and Commonalty of the City of New-York.

Passed 16th February, 1801. HEREAS the mayor, aldermen and commonalty

of the city of New York, have by their memorial represented, that pursuant to the authority given to them in and by the last section of the act, entitled An act to raise a sum of money for the use of this state by tax, and for the further support of government, passed the third day of April, one thousand seven hundred and ninety-nine, they had borrowed the sum of forty-five thousand dollars for the purposes in and by the said recited act directed, and pray

in favour of

amount.

ing legislative provision for the re-payment of the same : Therefore,

1. Be it enacted by the Pegple of the State of New-York, Comptroller represented in Senate and Afsembly, That the comptroller warrant on shall draw his warrant on the treasurer in favour of the the treasurer: said corporation, for the amount of the interest now due the said cor. on the monies, so borrowed as aforesaid, at and after the poratiền for rate of six per cent per annum.

II. And be it further enafted, That the comptroller shall His further annually, on the first Morday in October in every year, premises. draw his warrant on the treasurer for the sum of nine thousand dollars in favour of the said corporation, until the whole of the said sum of forty-five thousand dollars, with the interest accruing thereon, shall be paid, which sum, shall be paid out of moniqs then in the treasury not othera wise appropriated.

City of Albany.

Obsolete. WH

SESSION
An ACT to enable the Corporation of the City of Albany to
supply the said City with Water by means of Conduits.

Passed 11th March, 1796.
HEREAS the corporation of the city of Albany Preamble:

have prayed the legislature to be enabled to supply the said city with spring water by means of conduits intended to be laid through lands belonging to others as well as through lands belonging to the said corporation, and legislative provision being necessary in the premises, Therefore,

I. Be it enacted by the People of the State of New-Yorkz Corporation represented in Senate and Assembly, That the said corpo- may enter on ration by themselves or by an engineer or other person site for conto be by them employed, may enter upon any

duits,

land or lands through which they shall deem it proper to carry any conduits, lay any reservoirs or make any other devices for the purpose of supplying the said city with water from any spring or springs in the vicinity and within the limits thereof, and to lay out and survey so much ground for the same as shall be deemed necessary, to be ascertained in manner hereinafter, mentioned ; and it shall and may be lawful for the said corporation to contract and agree with the owner or occupants severally of the lands through which such conduits are intended to be carried, or such reservoirs and other devices to be placed, if they can agree with such owners or occupants, but in case of disa greement, or in case any owner or occupant shall be feme

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covert, under age, non compos mentis, or out of the staté, the lands intended to be taken for the purpose aforesaid shall be appraised, and the damages assessed by appraisers

to be appointed in manner hereinafter directed. In case of dir- II. And be it further enacted, That in case the said cor, care a farvey poration cannot agree with all the owners or occupants and map to of the land through which such works shall be carried or be made, &c.

erected, they shall previous to any appraisement to ascer, tain the value thereof and of the damages to be assessed, cause a survey and map to be made of the tract or direc, tion in which it is intended such conduits shall run, and of the ground in their estimation requisite for such conduits, reservoirs and other devices, in the field book of which sur. vey and maps shall be specified and distinguished the lands of each of the several owners and occupants intended to be appropriated to the works aforesaid, and the quantity thereof, and shall exhibit such field book and map to the justices of the supreme court, or to any two of them, and such justices shall be of opinion that the land so surveyed and laid out is not more than requisite for the intended works, they shall certify such field book and map under their hands and seals, and cause the same to be filed in the office of the clerk of the city and county of Albany, there to remain as a public record ; and it shall then be lawful to and for the said justices, by a writing under their hands and seals, to appoint not less than three nor more than five discreet persons, none of whom shall be inhabitants of the said city or interested in the lands so surveyed as afore,

said, to appraise the premises specified in such field book Appraisers to and delineated on such map ; and it shall be the duty of land and af.

the appraisers, or a majority of such as shall be appoint

ed, to examine the lands of each person, owner or occuvalue thereof.

pant so intended to be appropriated, and to ascertain the value thereof and of the damages which each may sustain by such appropriation, and to make a regular entry of each valuation and assessment of damages in a book to be by them kept for that purpose, and having completed the valuation and assessments, they shall certify the same under oath to be a true, fair and impartial valua: tion and assessment, to the best of their belief; and shall then cause such book (the execution of the certificate bez ing first duly proved or acknowledged) to be filed in the

office of the clerk aforesaid, there to remain as a public Fee simple of record ; and from thence forward the lands and tenethe land when ments mentioned and specified in the field book and delinvelted in the eated on the map filed in the said office, shall be and herecorporation

by is vested in fee simple in the said corporation and their conditions.

examine the

certain the

successors ; Provided always, That such vesting shall be on the conditions following, to wit : That wh never the chamberlain of the said corporation shall be applied to and required by the owner or occupant of any of the lands

on certain

so valued and assessed, or by the legal representatives of any feme covers, person under age, non compos mentis, or person not within the state, for the sum of money which to such applicant shall appertain, to be ascertained from the book so certified and filed by the appraisers as aforesaid, and shall neglect or refuse to pay such applicant the assessed value and damages, with legal interest from the time of the filing of such book by the appraisers, it shall thenceforth be lawful for the person entitled to the amount of such valuation, damages and interest, by himself or herself, his or her legal representative or attorney, to prosecute the said corporation for the same in any court within the said city and county having competent jurisdiction, and if the prosecutor prevail in such suit, he or she shall have judgment in his or her favour with dama, ges and treble costs.

III. And be it further enacted, That if any person shall Penalty on wilfully injure, damage or destroy any of the said con mall wilfully duits, reservoirs or other devices thereunto appertaining damage the and shall be thereof convicted, the person so offending shall forfeit and pay a fine of ten pounds to the use of the said corporation, to be recovered with costs of suit before any justice of the peace, and shall moreover be liable to a suit in damages, and if a verdict is obtained against such offender, damages with treble costs shall be recovered by the said corporation.

IV. And be it further enacted, That it shall and may Corporation be lawful for the said corporation from time to time, to make and establish such ordinances relative to the protec- tecting said tion of the conduits and other works incident thereto, as they in their discretion shall deem meet and proper, not contrary to the constitution and laws of this state, nor shall any penalty be inflicted by any such ordinance which shall exceed the sum of forty shillings.

may establish laws for pro

TWENTY-FOURTH SESSION. CHAP. CLIII. An ACT to reduce several Laws relating particularly to the

City of Albany, into one Act, and to make further Alterations in the Charter of the said City.

Passed 4th April, 1801. HEREAS the mayor, aldermen and commonalty Preamble.

of the city of Albany in common council convened, have by petition under their common seal, prayed the legislature that the alterations hereinafter contained may be made in the charter of the said city, and incorporated with the several laws particularly relating to the said city into one act ; Therefore,

Í. BE it enacted by the People of the State of New York, When char. represented in Senate and Assembly, That it shall be lay: be appointed.

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