shall have and retain to themselves and their successors in their separate capacities the like powers, privileges and advantages, and be subject to the like restrictions, as were heretofore contained in the former grants to the president, directors and company of the Schoharie turnpike road, as fully and effectually as if the said particular privileges and liabilities were herein again enumerated and reinserted. II. And be it further enacted, That the cost of that part of the 10 road that shall fall within the respective limits of each company when separated as aforesaid, shall be the rule of apportioning to each the present capital stock of the Schoharie turnpike road; and 11 after the next choice of directors, it shall be lawful at any time for either of said companies to use their surplus stock, if any they have, for the purpose of reducing such hills on their road as may with reason be thought exceptionable, and of erecting new bridges, if any should be removed by floods of water; and that each of the 12 said companies after the passing of this act, shall be separately responsible for all debts and expenditures that have accrued or to accrue on that part of the road that shall fall within the respective limits of each company, and no further. III. And be it further enacted, That all those stockholders who is have not manifested their consent to the aforesaid separation, shall hereafter be entitled to the privilege of investing the one half of their stock in each of the aforesaid companies, or in either at their option, until the whole amount of stock that may be holden is taken up in one of said companies, and all those persons who have stock remaining thereafter, shall vest the same in that company, whose number of shares was before incomplete. IV. And be it further enacted, That both of the aforesaid compa- 14 nies, shall within six months after their first choice of directors lodge in the comptroller's office of this state, an account of the expense of that part of the said road that shall fall within the respective limits of each; and that all that part of the eleventh section in 15 the former grant requiring such deposit from the president and directors of the Schoharie turnpike road, is hereby repealed. V. And be it further enacted, That this act shall be considered 16 a public act, and shall be construed in all courts and places benignly and favourably for every beneficial purpose therein intended. CHA P. XXXI. CONTENTS. 1. Cazenovia, part of annexed to DeRuyter-2. Nelson-3. and Smithfield, erected from part of the same town-5. Residue to retain the name of Cazenovia. 6. Poor, &c. how divided-4. Town meetings, when to be held. AN ACT to annex Part of the Town of Cazenovia, in the County of Passed March 13, 1807. E it enacted by the People of the State of New-York, repre- 1 2 3 4 sing of this act, all that part of the town of Cazenovia hereinafter mentioned, beginning on the west line of Cazenovia, on the north line of lot number one hundred and eight; thence east, along said line, to the west line of township number one; thence south to the corner of township number six, shall be and is hereby annexed to the town of DeRuyter, and shall for ever thereafter be entitled to all the privileges in law with the town of DeRuyter. II. And be it further enacted, That all that part of the town of Cazenovia, known by township number one, on the map made by the surveyor-general of this state, shall be and the same is hereby erected into a separate town, by the name of Nelson; and that the first town meeting shall be held at the dwelling house of Rufus Wever, in said town. III. And be it further enacted, That the tract of land, containing the land east of the west tier of lots in the third allotment, called New-Petersburgh, including that part of the mile strip lying north of the same, shall be and is hereby erected into a separate town, by the name of Smithfield; and the first town meeting shall be held at the school-house, near David Cook's, in said town. IV. And be it further enacted, That it shall and may be lawful for the towns of Nelson and Smithfield aforesaid, to hold their first town meeting on the first Tuesday of April next, and their annual town meetings shall be holden on the first Tuesday of March, in every year thereafter. 5 V. And be it further enacted, That all the remainder of said town of Cazenovia, shall be and remain a separate town, by the name of Cazenovia; and the first town meeting shall be held at the place to which it now stands adjourned. 6 VI. And be it further enacted, That as soon as may be after the first town meeting shall be held in the towns aforesaid, the supervisors and overseers of the poor of said towns, on previous notice being first given for that purpose, shall meet together, and divide the money and poor belonging to the said town of Cazenovia previous to the division thereof, agreeable to the last tax list; and that each of said towns shall for ever thereafter respectively support their own poor. BE AN ACT further to increase the common School Fund. Passed March 13, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the comptroller of this state, from time to time, to vest all the monies arising from the stock the state holds or may hold in the Merchants' Bank, in the city of New-York, and the interest arising from the proceeds of certain lotteries, agreeable to the fourteenth section of the act, entitled "An act for the payment of certain officers of government," passed April 6th, 1803, in the capital stock of the said Merchants' Bank, which the state reserved to itself the right to subscribe at the time of incorporating said bank; which stock and the dividends arising there from are hereby appropriated for the use and encouragement of common schools. CHA P. XXXIII. AN ACT relative to certain real Estate of John Oothout, deceased. Passed March, 13, 1807. THEREAS it appears to the legislature, that Abijah Ham : mond and Catharine his wife, of the city of New-York, did by a deed of conveyance, dated the twenty-fourth day of August, one thousand eight hundred and two, for and in consideration of the sum of fifteen hundred dollars, grant, bargain, sell, release, convey and confirm unto William W. Gilbert, John Oothout and Abraham Brinkerhoff, their heirs and assigns, for ever, all that certain piece, lot or parcel of ground, situate, lying and being at Greenwich, in the seventh (now eighth) ward of the city of New-York, aforesaid beginning on the southwest corner of George and Amos-streets; thence eastwardly on Amos-street one hundred feet; thence northwardly and parallel to George-street, one hundred and ninety feet to Charles-street; thence westwardly, one hundred feet to George-street; thence southwardly on George-street, one hundred and ninety feet to the place of beginning; that it was the true intent and meaning of the parties aforesaid, that a reformed Dutch church should be erected thereon, and when organized agreeably to law, a conveyance of said premises was to have been made by the grantees aforesaid, to the consistory of the said church; that a reformed Dutch church has since been erected on said premises, and a consistory legally organized, and that the two former of the grantees who each advanced five hundred dollars of the above sum, are desirous to convey to the consistory of said church, the premises aforesaid, which by construction of law was vested in them and John Oothout, as tenants in common and not in joint tenancy; that said John Oothout, one of the grantees died intestate, on the twentieth day of September, one thousand eight hundred and four, and that Magdalen Oothout, relict of the said John Oothout, deceased, being administratrix to his estate and guardian for his children, not being authorized to join in the execution of a deed of conveyance without the sanction of the legislature. For remedy whereof, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for Magdalen Oothout, widow and administratrix of the goods, chattels and credits of the said John Oothout, deceased, to execute a deed of conveyance for the premises aforesaid, to the consistory of the said church, upon the receipt of such sum as may be due unto the estate of the said John Oothout, deceased, which conveyance shall be as good and effectual in the law as if the same had been done and executed by the said John Oothout, in his life time. VOL. V. F CHA P. XXXIV. CONTENTS. 1. Tax of 64,000 dolls. corporation authorized to raise, for support of the poor, repair of public buildings, roads,&c.-2. And a further sum to support a night-watch,lamps,&c. How assessed and collected-4. Fees for collection. 3. .... AN ACT to enable the Corporation of the City of New-York to raise Monies by Tax. 1 I. BE Passed March 13, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the mayor, recorder and aldermen of the city of New-York, as supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall be and hereby are empowered, as soon as conveniently may be after the first day of May next, to order and cause to be raised, by a tax on the estates real and personal of the freeholders and inhabitants of and situate within the same city, and to be collected, a sum not exceeding sixty-four thousand dollars, to be applied to the support and maintenance of the poor of the said city and county; the support and repairs of the bridewell of the said city; the support and maintenance of criminal persons; repairing and taking care of other public buildings in the said city, belonging to or under the custody and care of the mayor, aldermen and commonalty of the city of New-York; the making, regulating and repairing and improving the public streets and roads in the said city and county; the defraying other contingent expenses arising within and properly chargeable to the said city and county, and for defraying the expenses which the mayor, aldermen and commonalty of the city of New-York may sustain or be put to in exercising the powers vested in them by the act passed the second day of April, one thousand eight hundred and three, entitled "An act to invest the mayor, aldermen and commonalty of the city of NewYork with adequate power in relation to certain objects of importance to the police and health of the said city," and for supplying the deficiencies of former taxes upon any and every of the wards of the said city, owing to the insolvency or inability of the collectors, any or either of them or others, and fees of collection not heretofore provided for, such deficiencies, however, to be assessed on the estates, real and personal, of the freeholders and inhabitants of and situate within the said wards respectively where they shall 2 happen as aforesaid. And also a further sum, not exceeding fiftysix thousand dollars, by a tax on the estates, real and personal, of the inhabitants of and situate within the said city to the southward of a line beginning at the North-river, at a place called DeKlyn's ferry, a little to the northward of the state-prison, thence eastwardly, in front of the new banking-house, to the road commonly called the sandy-hill road; thence, along the said sandy-hill road to the northward of Potter's field and the house of William Nelson, to the Bowery road; thence across the Bowery road, to a street commonly called Stuyvesant-street, and through the middle thereof to the East-river, to be applied to the payment of so many watch men as the mayor, aldermen and commonalty of the city of NewYork, in common council convened, shall appoint and employ for watching and guarding the said city; to the purchasing of oil, providing lamps and putting up the same, and repairing, cleansing and lighting those which now are or hereafter may be erected within that part of the said city last described; to the digging, cleansing, making and repairing public wells and pumps in the said city, and to defray the other contingent expenses arising in and properly chargeable to that part of the city to the southward of the line aforesaid, as the said mayor, aldermen and commonalty, in common council convened, may from time to time direct; and for supplying deficiencies of former taxes upon the same part of the said city last described, owing to insolvencies and fees for collection not heretofore provided for, such deficiencies however to be assessed on the estates, real and personal, of the freeholders and inhabitants of and situate within those parts of the said city to the southward of the line aforesaid. II. And be it further enacted, That the said several sums of money shall be assessed in the manner directed by the act, entitled “An act for the assessment and collection of taxes ;" and each person's tax in one ward shall be collected in one payment, and the monies so collected, paid into the hands of the treasurer or chamberlain of the said city, at such time, after the first day of May next, as the said mayor, recorder and aldermen, as supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall appoint and direct. 3 III. And be it further enacted, That it shall be lawful for the 4 collectors of the first, second and third wards of the said city, to retain in their hands three cents in each dollar by them collected; the collectors of the fourth, fifth, sixth and seventh wards of the said city, to retain in their hands four cents in each dollar by them collected, and the collectors of the eighth and ninth wards of the said city to retain in their hands five cents on each dollar by them collected, and no more, as a full compensation for their trouble in collecting and paying to the said treasurer or chamberlain the monies which shall be raised by virtue of this act. CHA P. XXXV. 1. Constable, town of, erected, from part of Harison-Poor, &c, how divided. AN ACT to divide the Town of Harison, in the County of Clinton. I. 1. BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, all that part of the town of Harison, in the county of Clinton, which lies north of a line of townships running from the southeast corner of the township of Constable, west to the southwest corner of the township of McComb's, said new town to contain townships number one, number two, number three, of great i |