audited.

ture, how favor of the clerks of the Senate and Assembly for the payment of such sum or sums of money for the contingent expences of the two houses as may from time to time during the sessions of the Legislature be certified to be necessary by the president of the senate and speaker of the assembly respectively; and such accounts with the vouchers for the same shall be examined and audited by the president and speaker in the eventual settlement of the contingent expences of the two houses of the legislature respectively.

Treasurer

And be it further enacted, That in all cases where the treasurer is directed to pay any monies out of the treasury of this State, it shall be understood to be on the order of the comptroller, and such monies comptrol- shall not be paid without such order.

to pay moneys only on order of

ler.

Preamble.

Lansing

lage of,

bound

aries.

CHAP. 14.

AN ACT to vest certain powers in the freeholders and inhabitants of the villages of Troy and Lansingburgh, and for other purposes

therein mentioned.

PASSED the 16th day of February, 1798.

WHEREAS it has been represented to the legislature by the inhabitants of Troy and Lansingburgh, that the existing laws made in their behalf are too uncertain and restricted to answer the end of enabling them to regulate their interior police. Therefore,

Be it enacted by the people of the State of New York, represented in burgh, vil- Senate and Assembly, That the district of country contained within the following bounds, to wit, beginning at a point in the division line between the counties of Albany and Rensselaer opposite the mouth of the creek on which John D. Vanderheyden's mill now stands, from thence running on a line due east to the foot of the first range of hills thence northerly on a line along the foot of the said first range of hills until said line strikes the north bounds of the said farm to the divis ion line between the counties of Rensselaer and Saratoga thence along the westerly line of the said county of Rensselaer to the place of beginning, and that the district of country contained within the above limits heretofore supposed to be that part of the town of Troy commonly called Lansingburgh shall hereafter be known and distinguished by the name of the village of Lansingburgh and the freeholders who may from time to time reside within the aforesaid limits may on the third Tuesday of May next meet at some proper place by any justice of the peace within said village to be appointed and notified to the inhabitants thereof, at least one week previous to the said third TuesElection of day and then and there proceed to choose five discreet freeholders resident within said village to be trustees thereof who when chosen shall possess the several powers and rights hereinafter specified and such justice shall preside at such meeting and shall declare the several persons having a majority of 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 for said village and the trustees for the time being shall perform the several duties herein required from such justice in respect of notifying the meeting of the freeholders of the said village and presiding at such election.

trustees.

Powers

And be it further enacted That all the freeholders residing within and privl the aforesaid limits be and they are hereby ordained constituted

leges of

ers of vil

and declared to be from time to time, and for ever hereafter one body freeholdpolitic and corporate in fact and in name, by the name of the "trus- lage." tees of the village of Lansingburgh," and by that name they and their successors forever shall and may have perpetual succession and be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever in all manner of actions, complaints and causes whatsoever; and that they and their successors may have a common seal, and may change and alter the same at pleasure; and shall be in law capable of purchasing, holding and conveying any estate real or personal for the public use of said village, and of erecting public buildings such as fire engine house or houses, a school house or houses, a market house or houses, of raising money by tax for erecting those public buildings, or making any other necessary improvements, which money so to be raised, shall be assessed upon the freeholders & inhabitants of said village in proportion to their several property or ability by three judicious assessors, to be by the freeholders and inhabitants of said village, qualified to vote at town meetings, chosen at their annual meetings, and collected by the collector of the corporation in the same manner as the taxes of towns and counties are collected by virtue of a warrant to him directed signed by a majority of the trustees: Provided nevertheless that no tax shall be levied, or monies raised, assessed or collected for erecting public buildings or making any other necessary improvements, no purchase or sale of any real estate, no public building erected or disposed of without the consent of the freeholders, and the legal voters of said village of Lansing. burgh, or the major part thereof in open meeting duly notified therein assented to and voted.

And be it further enacted that it shall and may be lawful for the fa., of trustees of the village of Lansingburgh, or the major part of them trustees. by this act to be chosen, and for their successors in office forever, from and after the third Tuesday in May next, to make, ordain, constitute, and publish such prudential bye laws, rules and regulations as they from time to time shall deem meet and proper, and such in particular as are relative to public markets, within said village of Lansingburgh, relative to the streets, alleys and highways of said village, draining, filling up, paving, keeping in order and improving the same, relative to slaughter houses and nuisances generally, relative to the establishing, regulating and ordering their fire company, ordering and procuring fire buckets fire utensils and guarding against fire generally, relative to a town watch, and lighting the streets of said village, relative to the number of taverns or inns to be licensed, relative to the restraining geese, swine, or cattle of any kind, relative to the better improving their commonable lands, and relative to any thing whatsoever that may concern the police and good government of the said village; but no such bye laws shall extend to the regulating or ascertaining the prices of any commodity or articles of provisions that may be offered for sale; provided also that such bye laws be not contrary to or inconsistent with the laws and statutes of this State or of the United States; and that the said trustees or the major part of them as often as they shall make, ordain and publish any such bye laws for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines against the offenders of such laws, they may think proper, the same not exceeding twenty-five dollars for any one offence, to be prosecuted and recovered before any justice of the peace VOL. 4.20

Other vil lage offi

cers.

Oath of

office to be taken

Bonds of treasurer and collector.

Penalty for refusal to

accept office.

Trustees, powers and duties of.

or court of record having cognizance of the same, by and for the use of the trustees of the said village of Lansingburgh.

And be it further enacted, That the freeholders and inhabitants of the said village of Lansingburgh qualified to vote at town meetings, at their annual meetings in ever year hereafter to be held for choosing trustees or at any other meeting duly notified, shall and they are hereby authorized and impowered to choose three judicious inhabitants being freeholders as assessors, one treasurer, one collector, and as many fire wardens as the trustees for the time being or the major part thereof may order and direct.

And be it further enacted, That the treasurer, collector, assessors and fire wardens shall after such election and before they proceed to the exercise of their several offices, respectively take and subscribe an oath or affirmation before any justice of the peace in said village or county of Rensselaer, for the faithful execution of the office to which they may be severally chosen and elected.

And be it further enacted, That the treasurer and collector, here after to be elected, shall before they enter upon the execution of their respective offices, respectively give such security for the faithful performance of the trusts reposed in them, as the major part of the trustees for the time being shall deem sufficient.

And be it further enacted, That if any one of the inhabitants of the village of Lansingburgh qualified as aforesaid, shall hereafter be elected or chosen trustee, or to the office of assessor or fire warden, and having notice of his said election, shall refuse, deny, delay or neglect to take upon him or them to execute such office to which he or they shall be elected, then and so often as it shall happen, it shall and may be lawful for the trustees for the time being or the major part of them, to assess and impose upon every such person or persons, so neglecting, delaying or refusing such reasonable fine or fines, such sum or sums of money as they the said trustees or a major part of them may think fit, so as such fine for each refusal, denial, delay or neglect shall not exceed the sum of twenty five dollars; all which said fines shall and may be recovered, by action of debt, before any justice of the peace in said village or court of record having cognizance of the same, to be prosecuted, recovered and received by and to the use of the said trustees, freeholders and inhabitants of said village of Lansingburgh.

And whereas it is necessary for the good government of said village of Lansingburgh, that it should be more particularly the business of some one of the trustees of said village to attend to its more immediate concerns. Therefore

Be it further enacted, That the trustees within five days after their being elected in every year hereafter or the major part of them shall and it is hereby made their duty to assemble in some convenient place in said village, and there to choose and appoint some one suitable person of their body to be president of the said board of trustees, whose duty it shall be when present to preside at the meeting of the trustees, to order extraordinary meetings of the trustees whenever he may find it for the interest of the village so to do; to receive complaints of the breach of any of the bye-laws; to see that all the bye-laws, rules and ordinances are faithfully executed, and prosecute in the name of the trustees, all offenders against such bye-laws; to receive and lay before the trustees the returns of the fire wardens, and who with the consent of the major part of the trustees shall appoint under his hand and the seal of the said village, the company of firemen, to inspect the

utensils belonging to the said village suitably and properly taken care of and kept in order, and to do all such other acts and things as may be proper for him as president of the board of trustees to do.

cers.

And be it further enacted, That the collector, treasurer and assessors Pay of vilshall be paid for their several services, such suitable compensation as lage offthe legal voters of said corporation or a majority of them at their annual meetings shall deem reasonable and proper.

Troy.

And be it further enacted, That the district of country described in Village of a certain law of this State made and passed the twenty fifth day of March one thousand seven hundred and ninety four as the village of Troy be hereafter known and distinguished by the name of the village. of Troy; and that the freeholders and inhabitants who may from time to time reside in said village, shall be a corporation by the name and style of "The Trustees of the Village of Troy," and shall have the same rights, privileges, powers and immunities as by this act are given to the corporation of the village of Lansingburgh; subject however to the same regulations, restrictions, orders and provisions.

exemp

And be it further enacted, That the several companies of firemen Firemen, who may by this act at any time hereafter be appointed within said of. villages or corporations, and each and every of said firemen shall be excepted and wholly free from serving as jurymen or in the militia of this State except in cases of the actual invasion of this State or in insurrections therein, provided that the number of firemen in each village do not exceed twenty, provided always that it shall not be lawful for either of the said corporations hereby created to purchase or hold any real estate whatsoever not laying or being within the limits of their respective corporations.

duty of

trustees of,

in regard to streets,

And be it further enacted, That it shall and may be lawful for the Colonie, trustees appointed by the act entitled "An act to enable the freeholders and inhabitants of part of the town of Water Vliet to elect trustees for the purposes therein mentioned," and their successors in office to make such prudential rules orders and regulations as they the said trustees or a majority of them shall deem proper for regulating cleansing, paving and repairing the streets and doing all and singular such act or acts as the freeholders and inhabitants might do by the act aforesaid. Provided always that the powers hereby given to the trustees aforesaid shall be exercised only when the freeholders and inhabitants neglect or refuse to make the regulations contemplated by the the act aforesaid.

CHAP. 15.

AN ACT to authorise the raising a sum of money, to build a gaol in the county of Ontario.

PASSED the 22d of February, 1798.

county,

Be it enacted by the People of State of Naw York, represented in Ontario Senate and Assembly, That the supervisors of the several towns in the tax for county of Ontario for the time being, be and they are hereby author- jail. ized, if in their opinion, or of a majority of them, the same be deemed necessary, to direct to be raised and levied on the freeholders and inhabitants of the said county, a sum not exceeding three thousand dollars, together with an additional sum of five cents on the dollar for

Fees of treasurer.

Where jail

to be

built.

collecting the same, and one cent on each dollar for treasurers fees, to be raised, levied and collected in the same manner as the other necessary and contingent charges of the same county are raised levied and collected which said sum shall be raised levied and collected in manner aforesaid in two equal parts, one of which shall be raised levied and collected and paid over to the treasurer of the said county on or before the first day of February next and the other part thereof on or before the first day of February in the year one thousand seven hundred and ninety nine, and the treasurer of the said county shall pay over such money as soon as the same shall come into his hands, to such person or persons as the said supervisors shall appoint to superintend the building of the said gaol.

And be it further enacted, That it shall be lawful for the treasurer to retain in his hands, one cent on each dollar he shall receive, as a compensation to him for his trouble in receiving and paying over the said monies.

And be it further enacted, That the said gaol shall be built as near as may be to the court house in the town of Canadarqua, as the said supervisors shall designate for that purpose; and that as soon as the sheriff of the county of Ontario shall deem the said gaol to be sufficiently finished, to safely keep prisoners within the same, it shall and may be lawful for the said sheriff to remove the prisoners who shall then be in his custody, from the present into the said gaol, and such removal shall in no manner be construed an escape.

Orange County, bounds of.

Rockland County erected.

Courts in Rockland county.

CHAP. 16.

AN ACT for dividing the county of Orange.

PASSED the 23d of February, 1798

Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all that tract of land in the county of Orange, lying northward of a line, beginning at the mouth of Poplopens-kill in Hudson's river and running from thence on a direct course to the southeastermost corner of the farm of Stephen Sloot, and then along the south bounds of his farm, to the south west corner thereof, and then on the same course to the bounds of the State of New Jersey, shall be and hereby is erected into a separate county, and shall be called and known by the name of Orange.

And be it further enacted, That all that part of the said county of Orange lying southward of the above described line, shall be erected into a saperate county, and be called and known by the name of Rockland.

And be it further enacted, That there shall be held in and for each of the said counties, a court of common pleas, and a court of general sessions of the peace and that there shall be two terms of the said courts in the said county of Rockland in every year, to commence and end as follows, that is to say; the first of the said courts shall begin on the first Tuesday in May, and may continue to be held until the Saturday following inclusive; and the second term of the same courts shall begin on the first Tuesday in November and may continue to be held until the Saturday following inclusive; and that there shall be three terms of the said courts in the said county of Orange in every