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fied; and that it shall be lawful for the said mayor, aldermen and commonalty, instead of the remedy herein above provided, if they shall see fit in case any owner or occupant of any lot within the said city shall neglect or refuse to conform his lot to such regulations as aforesaid to conform the same to such regulations at their own expense, and to sue for and recover the amount of that expense from the owners of such lots or their legal representatives, with interest and costs, in any court within this state having cognizance thereof, in an action on the case, for so much money by them paid, laid out and expended for such owners; and the said estimate or assessment, with proof of the amount and payment of the said expense, shall be conclusive evidence for the plaintiffs in every such action; And further, That it shall be lawful for the said mayor, aldermen and commonalty, to sue for and recover in like manner, all such sums of money as they may have expended heretofore in consequence of any estimate or assessment made in the manner and for the purposes aforesaid or any of them.

may make bye-laws for regulating

docks and

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XIX. And be it further enacted, That it shall be lawful Corporation for the said mayor, aldermen and commonalty, to make bye-laws, and inflict reasonable penalties to enforce the same, for regulating and keeping in repair the docks and slips within the said city, and to prevent the same and the river opposite thereto from being in any manner obstructed: Provided, That such bye-laws shall not contravene the constitution or any of the laws of this state.

ftare, how tq

XX. And be it further enacted, That it shall be lawful And for other for the common council of the said city from time to time, purposes. to make such bye-laws as they shall deem necessary to keep in repair the streets, highways and bridges within such parts of the said city as may remain unpaved, and to inflict reasonable penalties to enforce such bye-laws. XXI. And be it further enacted, That in all cases in when the which the said mayor, aldermen and commonalty shall corporation fhall require deem it necessary to take any ground for the purpose of any ground belonging to widening, straightening or laying out any street or streets perfons refidwithin the said city, belonging to any person or persons ing out of the whatsoever who shall or may reside without this state, or proceed whose place of residence shall be unknown to them, it shall be lawful for the said mayor, aldermen and commonalty to give notice in the manner above mentioned with respect to owners and proprietors, to the occupant or occupants of such ground, and also to cause the like notice to be published eight weeks successively in the newspaper printed by the printer to this state and in one of the newspapers printed in the city of New-York; thereby requir ing all the persons interested in such ground to appear before the said mayor, aldermen and commonalty, either in person or by attorney, at a certain day to be inserted in

therein.

Damages to

corporation.

every such notice, not less than nine weeks from the date thereof, to treat for the sale of the said ground; and in case the persons so interested shall not appear as aforesaid, or in case of disagreement between them and the said mayor, aldermen and commonalty, about the price of the said ground, it shall be lawful for the said mayor, aldermen and commonalty to proceed to ascertain the value of the said ground, and the damages that may arise to the persons so interested therein, in the manner prescribed by the thirteenth section of this act; Provided always, That it shall be sufficient in such case to serve a notice of the time and place when and where the jury are to meet for that purpose on the occupant or occupants of such ground; and in case the same should be vacant, to put up such notice in writing on some notorious part thereof, in the day time, at least eight days previous to the time of such meeting.

XXII. And be it further enacted, That after such value be paid by the and damages shall have been ascertained in the manner aforesaid, the amount thereof shall be paid by the mayor, aldermen and commonalty of the said city to the person or persons entitled thereto, with lawful interest, on demand.

Buildings within cer

tain limits & of certain dibe fire-proof.

menfions to

XXIII. And be it further enacted, That it shall not be lawful for any person to build or erect any dwelling house, store, stable or other out-house within the following limits. of the said city, to wit: Beginning at the east end of Kilby-lane and running thence through the middle of said lane to Cow-lane, thence through the middle of Cow-lane to Hudson-street, thence along the south side of Hudsonstreet to the west side of Washington-street, thence along the west side of the last mentioned street to Nail-street, then through Nail-street to the west side of Lodge-street, then along the west side of Lodge-street to Oak-street, then along the south side of Oak-street to the west side of Pearl-street, and then along the west side of Pearl-street to the north bounds of the city, then along the said north bounds to Hudson-river, then down the said river to a point opposite to the east end of Kilby-lane, and from thence to the place of beginning, including both sides of the aforesaid streets, within the limits aforesaid, exceeding the following dimensions, that is to say, thirty feet in depth from the range of the street on which such dwelling house, store, stable or other out-house shall adjoin, twenty feet in height from the surface of the stone wall which encloses the cellar, which stone wall shall not exceed two feet above the surface of the street adjoining the said dwelling house, store, stable or other out-house to the upper part of the wall plate thereof, and the roof whereof shall not be of an elevation exceeding five inches on every foot, measur ed horizontally between the exterior points of the rafters. thereof, except such dwelling house, store, stable or other

out-house shall be made and constructed of stone, brick or timber faced with brick, with fire walls rising at least twelve inches above the roof, and covered with tile, tin or slate, or other safe materials against fire.

But ftables & out-houfes of certain di.

menfions may be built

rials.

XXIV. And be it further enacted, That it shall be lawful to build and erect stables and other out-houses, in that part of the said city last before described, of any materials; Provided, That such stables shall not exceed eleven of any mate feet in height from the common surface of the earth to the top of the plates, and fourteen feet in the square, and that such out-houses shall not exceed eight feet in height from the common surface of the earth to the top of the plates, and eight feet in the square; Provided always, That all roofs of steeples, cupolas and spires of churches and other public buildings may be covered with boards and shingles, any thing in this act to the contrary notwithstanding.

Provifo, as to the roofs of las and fpires

fteeples, cupo

of churches,

&c.

Penalties for

offences in erecting

trary to this

How to be re

applied.

covered and

XXV. And be it further enacted, That if any dwelling house, store or other building shall be erected, constructed, covered or roofed contrary to this act, except as herein buildings conbefore excepted, the proprietor or proprietors thereof act. shall for every such offence forfeit and pay the sum of one hundred dollars, and the further sum of twenty-five dollars for every month such offence shall be and continue, and the workmen who shall build, construct, raise, erect or roof such dwelling house, store or other building contrary to this act, shall for every such offence forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, in any court of record within this state, by any person who shall sue or prosecute for the same to effect; the one half thereof to the person so prosecuting, and the other half when recovered to the chamberlain of the said city, for the use of the poor thereof. XXVI. And be it further enacted, That whenever there when comshall be more than one market erected within the said city, it shall be lawful for the common council of the said city to grant an exclusive right, by contract or otherwise, to one or more persons to supply either of the said markets with every kind of meat; Provided always, That such exclusive right shall not endure for more than one year by virtue of any one contract, which time shall commence within six months from the date of every such contract.

mon council may contract

for the exclufive right of fupplying the maikat.

men.

XXVII. And be it further enacted, That it shall be law- To license & ful for the common council of said city from time to time regulate cartto prescribe the manner of licensing cartmen, and to regulate the cartmen and carts within the said city.

XXVIII. And be it further enacted, That it shall not be lawful for the overseers of the poor to make any allowance for more than eight days to any poor person whatsoever for his or her support or maintenance, without having previously obtained an order for that purpose

Proceedings relative to the

poor of the

faid city.

Common

council to li cenfe perfons to fell cakes and fruit.

from the common council of the said city; and that ť shall be lawful for the said common council from time' to time, to make, establish and ordain such rules and regulations relative to the poor of the said city, as they shall deem necessary and expedient.

XXIX. And be it further enacted, That it shall be lawful for the common council of the said city to license under their common seal and during their pleasure, such and so many persons as they shall judge to be proper, to carry about and vend all sorts of cakes and fruits within the said city; Subject nevertheless, to such regulations and duties as the said common council shall from time to time Selling with prescribe; And further, That in case any person shall without such licence carry about and vend any sort of cakes or fruit (other than the product of his own garden or orchard) within the said city, he shall be guilty of a misdemeanor, and on conviction thereof before the mayor or recorder and two aldermen of the said city, who are hereby empowered and required to try every such offender, shall for every offence be imprisoned in the common gaol of the city and county of Albany, for a term not less than twenty-four hours nor more than six days.

out fuch li cence how punished.

Penalties impofed by any Bye-laws of

the corpora be recovered and applied.

tion how to

XXX. And be it further enacted, That all penalties which have been or shall hereafter be created by any bye-law of the common council of the said city, shall be sued for and recovered by and in the name of the chamberlain of the said city, for the use of the said city, with costs of suit before any one of the aldermen or any jus tite of the peace in and for the said city, in the same manner that debts to the value of twenty-five dollars or under are now recoverable against non-resident debtors; Provided always, That there shall be no stay of execution after judgment rendered in any such suit under any pretence whatsoever.

Preamble.

City of Hudson.

THIRTEENTH SESSION.

CHAP. XXIV.

An ACT for the better regulating and protecting the Aque ducts in the City of Hudson.

Passed 9th March, 1790.

WHEREAS the Ponve by their petition represent

HEREAS the proprietors of the aqueducts in the

ed their association for the purpose of supplying themselves and others with water, and that they have conducted the same from a fountain at a considerable distance and at a very great expense, the benefits whereof are likely to be

lost for want of adequate provisions made by law for the regulating and managing said aqueducts, and for oblig ing cach proprietor thereof to bear and defray his proportionable part of the expenses attending such aqueducts, and in amending, superintending and managing the same: Therefore,

make bye

I. Be it enacted by the People of the State of New-York, Corporation represented in Senate and Assembly, and it is hereby enacted of Hudson to by the authority of the same; That the mayor, aldermen laws relative to aqueducts and commonalty of the city of Hudson for the time being, in common council convened; shall and may (whenever applied thereunto for the purpose by the said proprietors of the said aqueducts or by a majority of them) have power to make, ordain and declare all such bye-laws, ordinances, constitutions, rules and regulations relative to such aqueducts as the said common council may deem proper for the superintendence, regulation and management of the same, and for the extension, alteration, preservation and reparation thereof, or for the equal assess ment and collection amongst the said proprietors of all costs and expenses attending the same, or of the sums of money which the said proprietors may, from time to time hereafter vote agreeably to this act.

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II. And be it further enacted by the authority aforesaid, Proprietors to That it shall and may be lawful for the proprietors of the meet and vote said aqueducts hereafter, from time to time, to convene at such time and place within the said city, as the said mayor or recorder for the time being shall appoint, due notice of such time and place of meeting being first given by causing the same to be publicly advertised for the space of three weeks successively in a public newspaper to be printed in the said city, or by putting up such public notice thereof in at least four of the most public parts of the said city; and at such meeting the said proprietors may, under the inspection of the said mayor or recorder, by a majority of voices, vote any sum or sums of money which they shall think fit to be assessed and levied on the said proprietors, in proportion to their respective rights or shares, to defray the expenses of the necessary alterations, additions and reparations of such aqueducts or the fountains thereof, or for the compensations to the clerk and treasurer, collector and inspectors hereafter mentioned, and also by a majority of voices or votes to elect one discreet person for their clerk and treasurer, one discreet person for their collector, and two or more discreet persons for inspectors of said aqueducts.

III. And be it further enacted by the authority aforesaid, officers to That the said clerk and treasurer, collector and inspectors, take an oat when chosen in manner aforesaid, shall respectively before they enter upon their respective offices, take and subscribe before the said mayor or recorder, who are hereby author

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