when to be

not less than three, nor more than five, judicious assessors, who Assessors. shall be freeholders in the said village, to be by the freeholders how and and inhabitants of the said village qualified to vote at town-meet- chosen. ings, chosen at their annual meetings, and collected by the collector of the corporation in like manner as the taxes of towns and counties are collected, by virtue of a warrant to him directed by a majority of the trustees: Provided nevertheless, That no tax Proviso. shall be levied, or monies raised, assessed or collected, for erecting public buildings, or making any other necessary repairs or improvements, no purchase or sale of any real estate, no public buildings erected or disposed of, without the consent of the freeholders and legal voters of the said village of Pleasant-Valley, or the major part thereof, in open meeting first obtained.

Power to pass

bye laws. &c. jects, and to what extent.

on what sub

III. And be it further enacted, That it shall be lawful for the trustees of the said village, or the major part of them, and their successors, to make, ordain, constitute and publish, such prudential by-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 the said village; relative to streets, alleys and highways, of the said village, and draining, filling up, paving, keeping in order and improving the same; relative to slaughter-houses and nuisances generally; relative to a town-watch, and lighting the streets; relative to the number of taverns or inns to be licensed in the said village; relative to restraining geese, swine, or cattle of any kind; relative to the better improving their common lands; relative to the inspection of weights and measures; relative to erecting and regulating hay-scales, and relative to any thing whatsoever that may concern the public good government of the said village, but no such bye-laws shall extend to the regulating or ascertaining the prices of any commodities or articles of provision, excepting the article of bread, that may be offered for sale: Provided also, That such bye-laws be not Proviso. contrary to or inconsistent with the laws and statutes of this state or of the United States; and the said trustees, or the major part of them, as often as they shall make and publish any such bye-laws for the purposes aforesaid, may make and provide such reasonable fines against the offenders of such laws, as they may think proper, not exceeding twenty-five dollars for any offence, Penalties not to be prosecuted and recovered before any justice of the peace, toex or court of record having cognizance of the ssme, by and for the use of the trustees of the said village of Pleasant-Valley.

to exceed 25

IV. And be it further enacted, That the said freeholders and Treasurer, inhabitants, qualified to vote as aforesaid at their annual meetings collector and fire wardens, to be held for choosing trustees, or at any other meeting duly to be chosen, notified, are hereby authorised to choose not less than three, nor more than five, inhabitants, being freeholders, as assessors, one treasurer, one collector, and as many fire-wardens as the trustees, or a major part thereof, shall direct.

V. And be it further enacted, That the treasurer, collector, as- Who are to sessors and fire-wardens, shall after such election, and before they take an oat proceed to the exercise of their several offices respectively, take and subscribe an oath or affirmation, before any justice of the

of office.

And treasurer and col

peace of the county of Dutchess, for the faithful execution of the office to which they may be severally chosen,

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

security.

Refusing to

serve as rus

tee, assessor or fire war. den, subject

to a penalty,

How recove rable.

President of

trustees to be

appointed.

VII. And be it further enacted, That if any of the said inhabitants, qualified as aforesaid, shall hereafter be chosen trustee, or to the office of assessor, or fire-warden, and having notice of his said election, shall refuse or neglect to take upon him such office, it shall then be lawful for the trustees, or a major part of them, to impose upon every such person such reasonable fine or sum of money as they may think fit, so as such fine for each refusal or neglect shall not exceed the sum of twenty-five dollars: All which fines shall be recovered by action of debt, before any justice of the peace, or court having cognizance thereof, to be prosecuted and recovered by and to the use of the said trustees, freeholders and inhabitants of the said village of Pleasant-Valley.

VIII. And be it further enacted, That the trustees, or the mathe board of jor part of them, within five days after their being elected, in every year hereafter, shall assemble, and appoint some one suitable person of their body to be president of the board of trustees, His duties. 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 to 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 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, with consent of the major part of the trus Firemen how tees, to appoint, under his hand, and the seal of the said village, appointed. the company of firemen; to inspect the utensils belonging to the said village for extinguishing fires, and particularly to see the engines and fire-utensils, engine-houses and all other public property, which may now or hereafter belong to said village, suitably and properly kept; and to do all such other acts and things as may be proper for him to do as president of the board of trustees.

Compensa. tion of collector, trea surer and assessors.

Proviso,

Further proviso.

First trustees declared.

IX. And be it further enacted, That the collector, treasurer and assessors, shall be paid for their services such compensations as the said freeholders and inhabitants, or a majority of them, shall deem reasonable and proper; and that the firemen appointed, or to be appointed, within the said village, shall be excused from serving as jurymen: Provided, That the number of firemen in the said village do not exceed twenty: And provided further, That it shall not be lawful for the trustees of the said village to purchase or hold any real estate, not being within the limits of their corporation.

X And be it further enacted, That Robert Abbot, John Bedell, Israel Dean, Hubby Adee and Joshua Ward, be and are hereby appointed the first trustees in and for the said village of Pleasant-Valley, to serve from and after the passing of this act,

until the second Tuesday of May, which will be in the year one. thousand eight hundred and fifteen inclusive, or until others shall be elected in their stead,

county.

[Note.-Pleasant-Valley is included in the town of Stattsburgh, in Dutchess Its rapid growth and promising appearance induced the passage of this act. Add this village to the table of villages-V. N & W. v. 2. 556, 557 ]

CHAP. CLXXIV.

An ACT establishing and regulating a Ferry across Lake
Champlain, in the town of Elizabethtown.

Passed April 15, 1814.

acros Lake

I. BE it enacted by the People of the state of New-York, repre- H. Barber to sented in Senate and Assembly, That it shall and may be lawful keep a ferry for Huldah Barber, of the town of Elizabethtown, in the county Champlain, of Essex, and her assigns respectively, to set up, keep and maintain, a ferry across Lake Champlain, that is to say, from the landing of the said Huldah Barber, in the town of Elizabethtown, to Ferris Bay, on the east side of the Lake, for and during the For 10 years term of ten years, to be computed from the first day of Septem- from first of Sept. 1814. ber next.

.

and to keep

description

II. And be it further enacted, That the said Huldah Barber and Required to her assigns shall, if they shall set up a ferry by virtue of this act, erect a dock, erect a convenient dock on the landing-place, if not already a ferry boat erected, on that part of the land of the said Huldah Barber, in of a certain the town of Elizabethtown aforesaid, as shall be most suitable for the purpose; and shall during the term aforesaid, keep a good and sufficient ferry-boat, capable of carrying four horses, and And ready at ready at all reasonable times and seasons to transport and ferry all times, &c across the said Lake, persons, goods and chattels.

III. And be it further enacted, That the court of common Rates of fer pleas of the county of Essex, in their sessions, may and shall annually order, direct and determine, the several rates of the said ferry, and the several hours in each day that the boats of the said ferry shall be kept in readiness.

IV. And be it further enacted, That if the above named Huldah Barber or her assigns, or any ferryman or person employed by her or them, shall take, exact or receive, any greater or high er rates for transporting any persons, goods and chattels or other things whatsoever, than shall be by the court of common pleas aforesaid limited or established, they so offending, shall forfeit and pay for every such offence the sum of three dollars, to be recovered in any court within this state having cognizance thereof, by any person who shall sue for the same.

riage to be settled by the Essex, &c.

com. pleas of

Penalty for taking more fer iage tha allowed by this act.

ed from

V. And be it further enacted, That if any person or persons Other per shall, after the said first day of September next, set up, keep, or sons restrist maintain a ferry, or shall carry or transport any person or persons, keeping a goods or chattels, for hire or pay, across the said Lake, within ferry. one mile north, and one mile and an half south of the said dock or landing place, across the waters of Lake Champlain, other

Penalty.

Proviso

Com. Pleas

of Essex may declare all rights under

than the said Huldah Barber or her assigns, such person, for eve ry such offence, shall forfeit and pay the sum of five dollars, to be recovered in any court within this state having cognizance thereof, by any person who shall sue for the same: Provided always, That nothing herein contained shall be construed to exclude any person or persons, living or inhabiting on the bank of said Lake, within the limits aforesaid, from the right of carrying their goods and chattels respectively in their own boats, without paying any rates of ferriage.

VI. And be it further enacted, That if it shall appear, upon sufficient evidence, to the court of common pleas of the said counthis act void. ty of Essex, that the said Huldah Barber or her assigns shall neglect to comply with the directions of this act in keeping the ferry aforesaid, it shall and may he lawful for the said court to adjudge that all the privileges granted to her or her assigns under this act, who shall be so in default, shall cease and be of no effect.

Note.-Privileges of a similar kind have frequently been granted by the Legis lature, and especially across this Lake-vide sess. 28. ch. 45, 101.-Sess. 31 ch. 61. Sess. 34 ch. 127.-Sess 35. ch. 60.-Sess. 36. ch 43.-The Lake is here about two miles wide-The landing, at Ferrisburgh, is about five miles from Vergennes, in Vermont.]

Recital.

Public

CHAP. CLXXV.

An ACT to amend an act, entilled an act relative to improvements touching the laying out of streets and roads in the city of New-York, and for other purposes."

Passed April 15, 1814.

WHEREAS the mayor, aldermen and commonalty of the city of New-York, have, by their memorial represented to the legislature, that the public square, or place laid out by the commissioners appointed by the act hereby amended, by the name of the parade, is much larger than is requisite, and that if the same should be opened conformably to the map or plan made and published by the said commissioners, the expenses thereof will be enormous, and infinitely beyond the advantages which can possibly arise therefrom, and have accordingly rayed the legislature. to reduce the said square: And whereas, The prayer of the said memorial appears reasonable and proper to be granted; Therefore,

I. BE it enacted by the people of the state of New-York, represquare called sented in Senate and 4ssembly, That the public square or place reduced, and designated on the said map or plan, by the name of the parade, how, and cer shall be reduced and altered in the manner following, that is to

the parade,

tain streets

extended.

say: The fourth avenue and the sixth avenue shall be extended and continued northwardly from twenty-third street through the land, which, by the said plan, was intended to form a part of the said parade, so as to meet and unite with the said fourth avenue and sixth avenue respectively at thirty-fourth-street; the street

lesignated on the said map or plan as thirty-first-street, shall be extended and continued eastwardly from the seventh avenue through the said land, which, by the said plan, was intended to form part of the said parade, so as to meet and unite with the said thirty-first-street at the third avenue; the streets designated on the said map or plan as thirty-second-street and thirty-thirdstreet, shall be extended and continued eastwardly from the seventh avenue through the said land, which, by the said plan was intended to form part of the said parade, so as to meet and unite with the said thirty-second-street and thirty-third-street respectively, at the easterly side of the eastern post road; the streets designated on the said map or plan, as twenty-fourth-street, twenty-fifth-street, twenty-sixth-street, twenty-seventh-street, twentyeighth-street, twenty-ninth-street and thirtieth-street, shall be extended eastwardly from the seventh avenue, through the said land, which, by the said plan, was intended to form part of the said parade, and shall be respectively continued in a straight line to the said sixth avenue so as aforesaid extended and continued; and the said streets designated on the said map or plan, as twenty-fourth-street, twenty-fifth-street, twenty-sixth-street, twentyseventh-street, twenty-eighth-street, twenty-ninth-street and thirtieth-street, shall be extended westwardly from the third avenue, through the said land, which, by the said plan, was intended to form part of the said parade, and shall be respectively continued in a straight line to the said fourth avenue so as aforesaid extended and continued; and the fifth avenue shall be extended southwardly, from thirty-fourth-street, through the land, which, by the said plan, was intended to form part of the said parade, and shall be continued in a straight line to the said thirty-first-street so as aforesaid extended and continued; and instead of the boundaries to the said parade, as directed and prescribed by the said com missioners, it shall be, and hereby is, bounded northwardly by thirty-first-street, continued as aforesaid, eastwardly by the fourth avenue, continued as aforesaid, southwardly by twenty-thirdstreet, being the present south boundary, and westwardly by the sixth avenue, continued as aforesaid.

in certain

possess cer

II. And be it further enacted, That the several and respective Certain owmi owners and proprietors of the lands and tenements which shall ers included be included in the blocks or plots of ground formed and to be blocks, to - formed by the extension of the several streets and avenues, tain rights, which, by this act are directed to be extended as aforesaid, shall &c. have, hold, occupy, possess and enjoy, the same, in the same manner as they would have been entitled to do if the commissioners had not included such lands and tenements in the said parade, but had laid out the said square, called the parade, in the manner in which it is reduced and designated by this act.

estimated

III. And be it further enacted, That the public square, or Damages, &c of open place, called the parade, and the streets and avenues which are ing certain in and by this act, directed to be extended and continued, shall streets, how be opened, and the damage and benefit estimated, assessed and and assessed, paid, in the same manner as the same would have been done it the said square or place, and streets and avenues, had been laid