be injured or damaged, he or they, so offending, shall forfeit and pay to the said Jonas C. Baldwin, his heirs or assigns, the damages by him or them sustained by reason of such known and wilful act, together with his or their costs of suit, to be recovered in any court having jurisdiction thereof.

IV. And be it further enacted, That the said Jonas C. Baldwin, his 5 heirs and assigns, having completed said dam, canal and lock, as aforesaid, and keeping the same in repair, shall be entitled at all times, during the continuance of this act, to ask, demand and receive of and from the owner or supercargo of each boat or vessel passing through said lock and canal, the following tolls: For any boat under one ton, twenty-five cents; for every ton of the tonnage of any boat exceeding one ton, twelve and an half cents, and for every ton of loading, twenty cents: Provided, That such ton shall be calculated as follows, that is, two hogsheads of molasses or liquor, one ton; eight barrels of molasses, liquor, pork, beef or salt, one ton; six barrels of pot or pearl ashes, one ton; ten barrels of flour, one ton; forty bushels of wheat, rye, corn or beans, one ton; eighty bushels of oats, one ton ; seven thousand shingles, one ton; one thousand feet of boards, plank or scantling, board measure, one ton; and it shall not be lawful for the said Jonas C. Baldwin, his heirs or assigns, to ask, demand or receive any toll from any boat or raft passing said dam otherwise than through said lock and canal.

V. And be it further enacted, That all boats passing said lock and 6 canal, the tonnage of which have been ascertained and marked on the same, by the collectors of any of the locks of the western inland lock navigation, shall be admitted to pass at the rate of tonnage so ascertained and marked thereon; and in case any other boat shall pass said lock, the tonnage of which is not ascertained and marked, it shall be lawful for the owner or supercargo of said boat and the collector of tolls at said lock each to choose one person to measure and ascertain the tonnage of such boat, and mark the same in figures upon the head and stern thereof, and the said boat, so measured and marked, shall always be permitted to pass said lock as and for so many tons as it shall be so estimated and marked; and the said Jonas C. Baldwin, his 7 heirs or assigns, or such collector as he or they may appoint to receive the tolls aforesaid, shall and may detain any boat or vessel passing said lock and canal, and freight thereof, until the tolls due on the same according to the rates aforesaid, shall be paid, or may distrain part of the cargo therein contained, sufficient, by the appraisement of two credible witnesses, to satisfy said toll, which distress shall be kept by the said Jonas, his heirs or assigns, or said collector, eight days, and afterwards be sold by public vendue, at the most public place in the neighborhood, to the highest bidder, in the same manner and form as goods distrained for rent, and by law sold, rendering the surplus, on demand, if any there be, after payment of the said tolls and costs of distress and sale to the owner or owners thereof.

VI. And be it further enacted, That if any person passing said lock, s and paying or tendering the tolls for his boat and loading, according to the provisions of this act, to the said Jonas C. Baldwin, his heirs or assigns, or his or their collector of tolls at said lock, shall be unreasonably detained or delayed, or greater tolls demanded than are provided by this act, he, the said Jonas C. Baldwin, his heirs or assigns, or

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their collector of tolls so delaying such person, or demanding such greater toll, shall forfeit and pay the party injured all such damages as he may sustain thereby, to be recovered with costs of suit, before any court having cognizance thereof: Provided, That nothing in this act contained shall be construed to enable any person to recover damages where such detention is occasioned by said dam, lock or canal being out of repair, in case said Jonas C. Baldwin, his heirs or assigns, shall put the same in repair with all reasonable expedition, and shall in the mean time assist in the best manner in his or their power any boat or vessel wishing to pass said dam to ascend or descend said river.

VII. And be it further enacted, That this act and the privileges and advantages hereby granted to the said Jonas C. Baldwin, shall continue for the term of twenty years and no longer.

VIII. And be it further enacted, That if the said Jonas C. Baldwin, or his heirs or assigns, doth not complete the erection of said dam, lock and canal for the passage of boats, within the term of two years. after the passing of this act, the privileges hereby granted shall cease.

CHA P. LV.

AN ACT to divide the Town of Sullivan, in the County of Madison.
Passed March 3, 1809.

BE

I. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the day preceding the first Tuesday in March, 1810, all that part of the town of Sullivan, lying east of a line beginning on the south line of said town, at the centre line of what is called the two mile strip, from thence north on said line, between John Hill's and Robertson's farms to their north line, thence a due north direction to the Oneida lake, shall be erected into a separate town, by the name of Lenox, and the first town meeting shall be held at the school house in said town where the courts of common pleas of the county of Madison are now holden; and the remaining part of said town of Sullivan shall be and remain a separate town, by the name of Sullivan, and the first town meeting shall be held at the house of Solomon Beebe, in said town.

II. And be it further enacted, That as soon as may be after the first Tuesday of March, in the year 1810, the supervisors and overseers of the poor of the aforesaid towns, on notice being previously given by said supervisors for that purpose, shall meet and divide the poor and money belonging to said town of Sullivan previous to the division. thereof, agreeably to the tax list, that each of the said towns shall for ever thereafter respectively support its own poor.

CHA P. LVI.

AN ACT to extend the Time for producing Specimens of Woollen Cloth, agreeable to an Act, entitled “ An Act to encourage the manufacturing of Woollen Cloth within this State.

I.

Passed March 3, 1809.

BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the time limited in and by the first section of the said recited act, for the production of the best spe

cimen of woollen cloth of uniform texture and quality, to the society for the promotion of useful arts at the city of Albany, shall be and the same is hereby extended to the first Monday of March in the present year.

11. And be it further enacted, That the time limited by the second section of the above recited act, for producing a certificate from the majority of the judges of any court of common pleas in any county of this state, together with a sample of the best piece of woollen ch, as described in the said section, to the secretary of the society the promotion of useful arts, and also one to the comptroller of this state, be and hereby is extended to the first Monday of March, in the present year.

CHA P. LVII.

AN ACT to annex Part of the Town of Steuben to the Town of Remsen. Passed March 3, 1809.

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 Steuben, beginning in the middle of the Cincinnati creek, on the east line of the town and patent of Steuben, and running from thence northerly, along the middle of the waters of said creek, until it intersects the west line of lot number twentyfive, in said patent; thence north, one degree thirty minutes west, along the said line of lots, to the north line of the said patent of Steuben; from thence, the same course continued, to the north line of the said town of Steuben; thence easterly, along said line, being the south boundary of the town of Broonville, to the west line of the town of Remsen, shall be and hereby is annexed to the town of Rem

sen.

CHA P. LX.

AN ACT authorizing Luther Rice to build a Dam across the West Branch of the Chenango-River, on Lot Number sixty-six, in the Town of Homer.

I.

B

Passed March 3, 1809.

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 Luther Rice, his heirs and assigns, to build and maintain a rolling dam across the west branch of the Chenango-river, on lot number sixty-six, in town of Homer, not exceeding four feet high from the bottom of the river, the lower side from the ridge not less than sixteen feet wide: Provided, That nothing in this act contained shall be construed to authorize the said Luther Rice, his heirs or assigns, to obstruct said stream so as to overflow any person's land, without the, consent of the owner thereof.

II. And be it further enacted, That the said Luther Rice shall make and keep in good order and repair a good and sufficient and convenient lock through his dam, at his mills, for boats to pass through his race-way up and down the river, at such time and in such manner as shall be ordered and directed by the judges of the court of common pleas in and for the county of Cortland, and permit boats to pass up

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and down said race-way through said lock, free from cost, any law, usage or custom to the contrary notwithstanding: Provided always, That this act shall be and remain in full force during the term of twenty-one years, and no longer.

CHA P. LXI.

AN ACT concerning the next Circuit Court and Court of Oyer and Terminer to be held in the County of Montgomery.

BE

Passed March 3, 1809.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the next circuit court and court of oyer and terminer for the county of Montgomery, shall be held at the court house in Johnstown, in the said county, on the last Tuesday of September next, and may be continued so long as the chief justice or any other justice of the supreme court of judicature of this state, who shall hold the said court, shall deem necessary: Provided always, That nothing herein contained shall be construed to restrain the justices of the said supreme court from appointing a special court of oyer and terminer in the mean time, in case it shall, in their opinion, become necessary, in the same manner as if this act had not passed.

CHA P. LXV.

CONTENTS.

1. Schenectady county, erected from Albany county-8, 9. To what districts annexed. 2....... City, the town of Duanesburgh and Princetown, to retain their names. 4. Courts-5. Terms of-6. Where to be held.

12. Court house and gaol, expense of preparing, &c. to be paid by city of Schenectady. 10. Deeds, &c. to be recorded in the clerk's office of Albany, until a certain period. 13. Elections, returns of to be made to clerk of Albany, until a certain period.

14. Members of affembly, Schenectady county to elect two-15. Albany county four. 3. Neskayuna, town of erected.

17. Poor of the towns of Nefkayuna and Watervliet to be apportioned.

16. Prifoners, where to be confined.

7. Privileges of inhabitants.

11. Taxes heretofore affeffed, how to be collected.

AN ACT erecting a Part of the County of Albany into a separate County, by the Name of the County of Schenectady.

I.

BE

Passed March 7, 1809.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the county of Albany, comprehended within the following limits, to wit: Beginning in the south bounds of the county of Saratoga, opposite to a point on the Mohawk-river where it is nearest the north line of the manor of Rensselaerwyck, at Neskayuna, and running thence westerly along the southerly bounds of the said county of Saratoga to the east bounds of the city of Schenectady; thence northerly along the easterly, northerly and westerly bounds of the city of Schenectady to the county of Montgomery; thence along the easterly bounds of the county of Montgomery to the county of Schoharie; thence along the easterly and northerly bounds of the county of Schoharie, to the town of Beru, in the said county of Albany; thence, along the westerly bounds of the town of Bern, to the town of Guilderland; thence, along the westerly

bounds of the town of Guilderland, to the easterly bounds of the city of Schenectady; thence, along the east bounds of the city of Schenectady, to the southerly bounds of the town of Watervliet; thence, along the north line of the manor of Rensselaerwyck aforesaid, to a point opposite to the place of beginning, and from thence, with a northerly course to the place of beginning, shall be and hereby is erected into a separate county, by the name of the county of Schenectady; and that the remainder of the county of Albany shall be called and known by the name of the county of Albany.

II. And be it further enacted, That all that territory which is con- 2 tained within the present limits of the city of Schenectady, shall continue to be called and known by the name of the city of Schenectady, to have, hold and enjoy all and singular the rights, franchises, liberties, immunities and privileges which to the same city and the freeholders and inhabitants thereof do at present of right belong and appertain; and all the territory which is contained within the limits of the town of Duanesburgh shall be called and known by the name of the town of Duanesburgh; all that territory which is at present contained within the limits of the town of Princetown shall continue to be called and known by the name of Princetown; and all that district of country, compre- 3 hended in the following limits, to wit: Beginning at the southeast corner of the patent granted to Swear Teunese and others, commonly called the Schenectady patent, on the north bounds of the manor of Rensselaerwyck; thence easterly, along the same, to the easternmost bounds of the county of Schenectady, as constituted by this act; thence, along the south bounds of the county of Saratoga, to the said Schenectady patent, and thence, along the same, to the place of beginning, shall be and hereby is erected into a separate town, by the name of Neskayuna; and that the said several towns shall have, hold and enjoy all the privileges and immunities that the other towns in this state have and enjoy; that the first town meeting, in the said town of Neskayuna, shall be held on the first Tuesday of April next, at the house of William Vedder, and that every town meeting thereafter shall be held at the time and in the manner now directed by law.

III. And be it further enacted, That there shall be held in and for 4 the said county of Schenectady a court of common pleas and general sessions of the peace, and that there shall be three terms of the same court in every year, to commence and end as follows, to wit: the terms of the said court shall begin on the second Tuesday of 5 January, May and September, in every year, and may continue to be held till the Saturdays following inclusive; and the said courts of common pleas and general sessions of the peace shall have the same jurisdiction powers and authorities in the same county as the like courts in the other counties in this state have in their respective counties: Provided always, That nothing in this act contained shali affect any suit or action already commenced, or that shall be com menced before the first day of May next, so as to work a wrong or prejudice to any of the parties therein, or to affect any criminal of other proceedings on the part of the people of this state, but all such civil and criminal proceedings shall and may be prosecuted to judgment and execution, as if this act had never been passed.

IV. And be it further enacted, That the said courts of common 6 pleas and general sessions of the peace shall be held in the city-hall,