Survey of lands to be made. Right of ferriage. Annuities payable at Plattsburgh. Appraisal of improve. ments of Jacob Docksted der. Grant of lands to be made to William Gray. Preamble. And be it further enacted That it shall be the duty of the surveyor general of this State to cause the meadows reserved to the use of the said Indians upon the said Grass river and which have been disposed of by the State to be surveyed and the quantity thereof ascertained, and thereupon to make report to the legislature at the next session thereof. And be it further enacted That it shall be lawful for the said agent to extinguish the right of ferriage belonging to the said Indians over the river St. Lawrence adjoining their reservation for such reasonable annuity as they may deem proper. And be it further enacted That the further payments of the annuity stipulated with the said Indians shall be made at the town of Plattsburgh in the county of Clinton any thing in any former law to the contrary notwithstanding. And be it further enacted, That it shall be duty of the surveyor general of this State, to cause the value of the improvements made by Jacob Dockstedder an Oneida Indian upon fifty acres of land at the Canesarago belonging to the State, but appropriated to his use at the last treaty with the Oneida Indians, to be ascertained, and to report the same to the legislature at the next session thereof. And whereas William Gray of the village of St. Regis, having been early in life taken a prisoner by the Indians calling themselves the Seven Nations of Canada and since continued to reside among them, and being in consequence of adoption and marriage considered as entitled to all rights and privileges as one of their nation, whereby he is equally with others of them interested in the lands secured by the people of this State to the Indians residing at the village St. Regis. And whereas it appears that the said Indians are disposed to give to the said William Gray his proportion of their common property to be held in severalty by him and his heirs. Therefore Be it further enacted That it shall and may be lawful for the governor to direct the said agent to obtain from the said Indians their grant to the people of this State and to issue letters patent under the great seal of this State to the said William Gray his heirs and assigns forever, for two hundred and fifty seven acres, bounded on the north by the tract reserved and surveyed for the said Indians and which includes the mill on Salmon river, on the south by the south bounds of the tract equal to six miles square reserved to the said Indians, on the east by the east bounds of the last mentioned reservation, and on the west by a line parallel thereto running from the eleventh mile mark made by the surveyor general in the south bounds of the said reservation, being in length north and south one hundred and sixty four chains and seventy links and in width east and west fifteen chains and sixty links. CHAP. 153. 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 the 4th of April, 1801. WHEREAS the mayor, aldermen and commonalty of the city of Albany, in common council convened, have by petition under their common seal, prayed the legislature that the alterations herein after 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, Be it enacted by the People of the State of New York represented in Charter officers; Senate and Assembly, That it shall be lawful for the person administer- oath of ing the government of this State by and with the advice and consent office. of the council of appointment, yearly hereafter to appoint the several charter officers in the said city who are to be annually so appointed, at any time during the session of the legislature in each year, and every officer so appointed shall hold his office for one year and until another shall be appointed and sworn in his stead, and that the election of aldermen, assistants and chamberlain for the said city shall for ever hereafter be held on the last Tuesday of September in every year; and that the said aldermen, assistants and chamberlain, instead of taking the oaths of office pursuant to the directions of the charter of incorporation granted to the mayor, aldermen and commonalty of the said city, on the fourteenth day of October in every year, shall hereafter take the said oaths or affirmations in the manner prescribed in and by the said charter, on the second Tuesday of October in every year. ward offi And be it further enacted, That all that part of the said city now known Wards and and called by the name of the first ward and lying westerly of the fol- cers. lowing line, to wit, beginning on the north side of State street at the southwest corner of the store now occupied by Stewart and Townsend, and running from thence across said State street to and through the middle of Green street, to the intersection of Bone lane with said Green street, from thence with a straight line to and through the middle of Frelinghuysen street to the south bounds of the said city, shall continue to be known and called the first ward of the said city; and that all that part of the said city now known and called by the name of the fourth ward and lying on the east side of the line aforesaid, shall continue to be known and called the fourth ward of the said city: And that the electors of the said two wards, who are qualified in the manner herein after prescribed, shall have and enjoy the same rights and privileges in every respect as those of the other wards in the said city are entitled to; and that hereafter four aldermen and four assistants, together with the mayor or recorder shall be necessary to form a common council. And further that that part of Pearl street which lies north of Fox's creek, and that part of the said city which lies to the north of the said creek and to the west of the said street, shall continue to be part of the second ward of the said city. tions of And be it further enacted, That all male persons being citizens of the QualificaUnited States, and above the age of twenty one years, who shall have electors. resided in the said city for six months next preceding any election for aldermen, assistants or constables, and paid taxes within the same, or shall be possessed of a freehold, or shall have rented a tenement of the yearly value of five dollars for the term of one year within the same, or being an inhabitant and born within the said city of the age aforesaid and no other person shall have a right to vote at such election within the wards in which they shall then actually reside; and further that every person offering to vote at any such election shall, before he be admitted to vote, take the following oath or affirmation, if required so to do by the aldermen presiding at such election, that is to say, "I do solemnly swear and declare, or affirm (as the case may be) that I am a citizen of the United States and of the age of twenty one years and have resided within this city for six months last past and paid taxes within the same (or, that I am possessed of a freehold, or have rented a tenement of the yearly value of five dollars for the term of one year Oath on challenge. Vacancies. Vacancy in office of mayor. Destruc ball. within the same, or that I was born within the said city) and now actually And be it further enacted, That if any of the aldermen or other officers of the said city, chosen as aforesaid, shall die or remove out of the said city before the expiration of the time for which he was chosen to serve in any such office, or shall not be legally qualified to serve in such office, then and in every such case such office shall be deemed to be vacant, and the said mayor, aldermen and commonalty, in common council convened, shall and may order an election to be held, to fill every such vacancy, and appoint a place in the ward for which such election is to be held, and a time not less than five days after the making of such appointment for holding such election, and shall forthwith give notice thereof to the aldermen of the ward in which such vacancy shall happen, and the said aldermen shall thereupon by advertisements put up in at least three of the most publick places, in such ward give notice thereof to the electors of the ward. And be it further enacted, That it shall be lawful as often as the mayor of the said city shall be sick, die or be absent therefrom, for the recorder of the said city, to convene and hold the common council of the said city in like manner, as the mayor of the said city is impowered to convene and hold the same. And be it further enacted, That in case the city hall of the said city tion of city shall at any time be destroyed, or it shall in any wise become inconvenient for the common council to assemble there, it shall be lawful for the mayor or recorder of the said city to convene the said common council at such other place within the said city, as the said mayor or recorder shall appoint. Firemen. And be it further enacted, That it shall be lawful for the common council from time to time, to appoint during their pleasure a competent number of able and reputable inhabitants of the said city, being citizens, to take the care and management of the fire-engines and other tools and implements which are or may be procured by the common council for extinguishing fires within the said city and that the persons so appointed shall be called the firemen of the city, of Albany, and be ready at all times with the said engines, tools and implements committed to their care, to aid in extinguishing any fire which may happen within the said city; and that the said firemen shall be, and hereby are declared to be, exempted and privileged from serving in the office of commissioner or overseer of the highways or constable, and from militia duty, except in cases of invasion or other imminent danger, and that for this purpose the name of each fireman to be appointed as aforesaid shall be registered and entered with the clerk of the common council of the said city, and his certificate shall be sufficient evidence in all courts and cases of such privilege and exemption. And further that it shall be lawful for the mayor, aldermen and commonalty of the said city, in common council convened, or the major part of them to remove and displace all or any of the firemen now appointed or to be appointed by virtue of this act, as often as they shall think fit, and to appoint others in their stead. tions con And be it further enacted, That it shall be lawful for the mayor, al- Reguladermen and commonalty of the said city, or the major part of them, to cerning make such rules and regulations for the government of the said firemen fremen. in the using and frequent exercising the said fire engines, and to impose such reasonable fines and forfeitures upon them or any of them for default of the duties and services thereby to be required of them, as the mayor, aldermen and commonalty of the same city, or the major part of them shall from time to time think proper. And be it further enacted, That upon the breaking out of any fire within Duty of the said city, the sheriff, deputy sheriffs, constables and marshalls, then peace offbeing in the said city, upon due notice thereof, shall immediately re- of fire. pair to the place where such fire shall happen, with their staves and other badges of authority, and be aiding and assisting, as well in the extinguishing of the said fires, and causing the persons attending the same to work, as in preventing any goods or household furniture from being stolen at such fires; and the officers aforesaid shall also give their utmost assistance to the inhabitants in removing and securing their said goods and furniture; and in the execution of the duties required of them by this act, shall in all respects, be obedient to the orders and directions of the mayor, recorder, aldermen and assistants of the said city, or such of them, as shall, from time to time, be present at such fires. And be it further enacted, That it shall be lawful for the mayor, alder- Fire buckmen and commonalty of the said city, if they shall deem it proper to require the inhabitants or owners of houses and other buildings in the said city, to provide themselves with such and so many fire buckets, to be ready in their respective houses and other buildings, for the purposes of extinguishing fires, which may happen in the said city, and to impose such reasonable fines and forfeitures for every default or disobediance thereof, as the said mayor, aldermen and commonalty of the said city, shall deem necessary. ets. tions con streets, etc. And be it further enacted, That it shall be lawful for the common Regulacouncil of the said city from time to time, to make such rules and orders cerning for the better regulating and arranging, with uniformity, such new build- buildings, ings as shall, after the passing of this act, be erected for habitations, or for the purposes of trade and commerce within the said city; and also for regulating and altering the streets, wharves and slips within the said. city, in such manner as shall be most commodious for shipping and transportation; and also to nominate and appoint one or more fit persons, being inhabitants of the said city, to be the surveyors of the buildings, streets, wharves and slips of the said city, whose duty it shall be to direct and see that all buildings, streets, wharves and slips, to be laid out or altered in the said city, be regulated with uniformity, for the accommodation of habitations, shipping, trade and commerce, according to such rules and orders, as by the common council of the said city, shall be for that purpose made; which said surveyors shall, respectively, before they enter upon the duties of their said offices, take the following oath or affirmation before the mayor or recorder, viz, "I appointed a surveyor of the city of Albany do swear (or affiam as the case may be) in the presence of Almighty God, that I will faithfully, truly and impartially execute the office of one of the surveyors of the same city." Provided always, And be it further enacted, That no public buildings shall be erected in No buildany of the streets of the city of Albany ings in streets. And be it further enacted, That it shall be lawful for the mayor, alder- Encroachmen and commonalty of the said city to prevent the erecting any build- ment on ing that may encroach upon any street within the said city; and if in the taking of streets; public lands for doing thereof, or in laying out any streets, wharves or slips, they shall purposes. require for such purposes the ground of any person, they shall give notice thereof to the owner or parties interested therein or to his or their agent or legal representative; and the said common council shall treat with such person for the same; and if any such person shall refuse to treat for such ground, it shall be lawful for the mayor or recorder and any two or more aldermen, by a precept under their hands and seals, to command the sheriff of the city and county of Albany, to impannel and return, and he is hereby required to impannel and return a jury, to appear before the mayor's court of the said city at any term thereafter, not less than three weeks from the date of such precept, to enquire and assess the damages and recompence due to the owner or owners of such ground; and at the same time to summon the owner or owners of such ground, or his or their agent or legal representative by notice to be left at his or their most usual place of abode, to appear before such mayors court, on the day and at the place in such precept to be specified; which jury, being first duly sworn faithfully and impartially to enquire into and assess the damages in question, and having viewed the premises, if necessary, shall enquire of and assess such damages and recompence, as they shall under all the circumstances, judge fit to be awarded to the owner or owners of such ground, for their respective losses, according to their several interests and estates therein; and the verdict of such jury, and the judgment of the said mayors court thereon, and the payment of the sum of money so awarded and adjudged, to the owner or owners thereof, or tender and refusal thereof, shall be conclusive and binding, against the said owner and owners, his and their respective heirs, executors, administrators and assigns, claiming any estate or interest of, in, or to the same ground; and it shall thereupon be lawful for the said mayor, aldermen and commonalty, to cause the same ground to be converted to, and used for the purposes aforesaid. Sewers, vaults. And be it further enacted, That it shall be lawful for the said mayor, drains and aldermen and commonalty to cause common sewers, drains and vaults to be made in any part of the said city, and to order and direct the pitching and paving the streets thereof, and the cutting into any drain or sewer, and the altering, amending, cleansing and scouring of any street, vault, sink or common sewer, within the same city; and to cause to be made estimates of the expence of conforming to such regulations, and a just and equitable assessment thereof among the owners or occupants of all the houses and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantages which each shall be deemed to acquire: And the said common council shall appoint five disinterested freeholders to make every such estimate and assessment, who, before they enter upon the execution of their trust, shall be duly sworn before the said mayor or recorder, to make the said estimate and assessment fairly and impartially, according to the best of their skill and judgment; and a certificate in writing of such estimate and assessment being returned to the said common council, and ratified by them, shall be binding and conclusive upon the owners and occupants of such lots so to be assessed respectively, and such owners or occupants shall also be respectively liable, upon demand, to pay to such person as shall be authorised by the said common council to receive the same, the sum at which such house or lot shall be so assessed to be applied towards the making, altering, mending, pitching, paving, cleansing and scouring such streets, and making and repairing such vaults, drains and sewers as aforesaid; and in default of such payment or any part thereof, it shall be lawful for the mayor, recorder and aldermen of the |