obstruct the navigation of either of the above described waters, by erecting or building any mill-dam or wier, or by the building or erecting thereon any other works, or by cutting or falling wood or timber in the same, every person so offending, shall forfeit for each and every such offence a sum not exceeding twenty-five dollars, to be recovered, with costs of suit, by and for the use of any person who will sue for the same, before any justice of the peace, in the county wherein such offence shall be committed; and the person or persons so offending shall moreover be deemed guilty of a misde3 meanor, and be prosecuted accordingly by indictment: Provided nevertheless, That if any person or persons, who have heretofore erected or shall hereafter erect any dam across either of the aforesaid streams, for the use of any mill or other works, if such person or persons shall cut a sufficient canal through such dam, or shall so construct the same as not to injure the navigation of said streams, then such person or persons who have erected or shall hereafter erect a dam or other works, on either of the said streams, shall not be liable to the penalties contained in this act. 4 III. And be it further enacted, That it shall be lawful to hold a circuit court in the county of Genesee, on the second Tuesday of June next, any law to the contrary notwithstanding. 1 1. Commissioners to ascertain the lines of certain patents-5. Compensation. 4. ...... AN ACT to ascertain and establish the Bounds of the second and third Tracts of Land granted to Martin G. Van Bergen, and others, and for other Purposes. Passed March 31, 1807. WHEREAS there exists disputes between the inhabitants re siding on the second and third tracts of land, granted to Martin G. Van Bergen and others, by letters patent, dated July 11th, 1767, and the people of the state, respecting the true lines of said tract, so granted: And whereas the alteration of established lines, made forty years, (where the lands within the said lines have been subdivided and sold) without conclusive evidence of their being wrong, is contrary to the wishes of the legislature, who are averse to disturb the peaceable settler and fair purchaser, until it is clearly ascertained that the before mentioned lines were originally erroneous. Therefore, in order to terminate all differences between the inhabitants on said tracts and the people of this state, I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That John Reynold, of Schoharie county, David Brooks, of Dutchess, and Joshua H. Brett, of Delaware county, shall be commissioners on the part of this state, and the people or inhabitants aforesaid, whose duty it shall be to meet at 2 the house of Medad Hunt, in the town of Windham, and county of Greene, at any time between the first days of May and November next, and with a surveyor, to be chosen by them, proceed to ascertain and determine the true lines of said patent, making the usual and necessary allowance for the roughness of that mountainous country, as was originally contemplated in the grant or patent aforesaid; and the determination of the said commissioners, or any two of them, as it respects the lines of said patent, shall be conclusive and binding, as well on the part of the said inhabitants as of the people of this state; and it shall be the duty of the said commis- 3 sioners, under their hands and seals, to make report of their proceedings in the premises to the surveyor-general, within one year after the passing of this act. II. And be it further enacted, That in running the lines afore- 4 said, if the said commissioners shall determine that a part of the lands possessed by the inhabitants of said tracts belong to this state, it shall be the duty of the said commissioners to estimate and determine the real value of said lands, as they were in their original state and without improvements, and make allotments for each possessor, and report the same, together with a map particularizing the part held by each individual, to the surveyor-general, at the time aforesaid; and the possessors or inhabitants shall pay for the same to this state, at the price estimated by said commissioners, with interest, within eight years, by annual instalments. III. And be it further enacted, That the commissioners aforesaid 5 shall be entitled to receive as a compensation for their services, at and after the rate of three dollars and fifty cents per day, for each and every day they shall be employed as aforesaid; and which sum, and all other expenses of running said lines, shall be paid by the inhabitants of said lands, who shall, previous to any proceedings in virtue of this act, give sufficient security to the comptroller that they will defray the same. IV. And be it further enacted, That the surveyor-general shall 6 not proceed to sell or dispose of any lands claimed by this state, in the second and third tracts of the patent aforesaid, within one year from the passing of this act. CHAP. LXXX. AN ACT for the Relief of the Representatives of James Bradt. HEREAS it appears that letters patent have issued, in the W name of James Barret, for lot number ninety-five, in the township of Scipio, and that the same grant was intended for James Bradt. Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said letters patent shall be deemed to have vested the said lot in the said James Bradt, in the same manner as if the said letters patent, had been issued in the name of the said James Bradt. BE CHA P. LXXXI. AN ACT for the Relief of Joshua Forman. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the surveyor-general of this state be and hereby is directed to lease to Joshua Forman the reservation belonging to the people of this state at the Oswego-falls, in the county of Oneida, the carrying place at the Oswego-falls, and the lands adjoining thereto, for the term of seven years, from the eleventh day of April, in the year one thousand eight hundred and fourteen, on the same terms, and for the same rent, the same is now leased to Daniel Masters and Ebenezer Wright, by virtue of the act, entitled "An act relative to unappropriated and forfeited lands, and for other purposes," passed the eleventh day of April, one thousand eight hundred and four, on condition to be expressed in the said lease, that the said Joshua Forman, his executors, administrators or assigns shall erect and complete on the said reservation, by the first day of June next, a grist-mill, sufficient for to do the grinding for the inhabitants residing on and near the Oswego-river, and that he and they shall continue to grind for the inhabitants on and near the said river, at the said mill, on the usual terms of mills in this state, during the continuance of the said lease, except such time as may be required to make the necessary repairs of said mill and its appurtenances: Provided always, and this grant is upon this express condition, That the land along the said Oswego-river, beginning at a point where the road terminates at the said river, south of the falls, and extending thence northwardly, down and along the river, to the landing where boats are drawn out above said falls to pass the same, thence east to that part of the highway running parallel to the said landing, excepting so much thereof as may be necessary to erect store-houses thereon, shall remain for public uses; and that all and every person or persons may deposit salt or other articles thereon: Provided also, That the said highway shall, to all intents and purposes, be deemed a public highway; and that it shall be lawful for any person and persons whatsoever, with their teams or carriages, to use the same, any thing in any former law to the contrary notwithstanding. And that the said Joshua Forman, shall deliver the said grist-mill and the other buildings erected on the said lands hereby leased, in good repair, to the people of this state at the expiration of the said lease. CHA P. LXXXII. AN ACT for granting to Daniel Perry, two small Islands therein B mentioned. Passed March 31, 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 commissioners of the land-office to issue letters patent to Daniel Perry, of the town of Greene, in the county of Chenango, for two small islands in the east branch of the Chenango-river, about six miles below the village of Oxford, nearly opposite to the farm of the said Daniel Perry, containing about three and an half acres : Provided always, That the said Daniel Perry shall first pay into the treasury of this state such sum as the surveyor-general shall certify to be the actual value thereof. 1. Carlisle erected from Sharon & Cobleskill-2. Privileges-3. Poor, &c. how divided. AN ACT to divide the Towns of Cobleskill and Sharon, in the County of Schoharie. I. Passed March 31, 1807. BE it enacted People of the State New York, represent ed in Senate and Assembly, That from and after the first Monday in March next, all those parts of the towns of Cobleskill and Sharon, aforesaid, comprehended within the following boundaries, to wit beginning on the county line, dividing by law the counties of Montgomery and said county of Schoharie, at the corner of the two towns of Schoharie and Cobleskill, aforesaid; thence southerly, on the division line between the said towns of Schoharie and Cobleskill, till it comes opposite to the house lately occupied by Aaron Cole, junior; thence westerly, to the south side of the house of George Loucks; thence westerly, to the north side of the house of John Angle; thence the same course, to the division line of the town of Sharon and Cobleskill; thence northerly, along the said division line of Sharon and Cobleskill, to the northwest corner of the house of William Ferris; thence northerly, in a straight line to a spring, at the west end of the house of John Reddington, on the farm lately occupied by him; thence northerly, in a straight line along the east side of the house of John Malick, until it strikes the division line between the said counties of Montgomery and Schoharie; thence easterly along the division line of 'said counties to the place of beginning, shall be erected into a separate town, by the name of Carlisle; and the first town meeting, in said town, shall be held at the house of Benjamin Johnson, in said town; and that all the remaining part of the said town of Cobleskill, shall be and remain a separate town, by the name of Cobleskill; and that all the remaining part of the said town of Sharon, shall be and remain a separate town, by the name of Sharon. II. And be it further enacted, That the freeholders and inhabi- 2 tants of the said town of Carlisle, shall be and hereby are empowered to hold town meetings, and elect such town officers, and enjoy all the privileges that the freeholders and inhabitants of other towns in this state do by law. III. And be it further enacted, That as soon as may be after the 3 first Tuesday in May, in the year one thousand eight hundred and VOL. V. N 1 eight, the supervisors and overseers of the poor, in the towns of Cobleskill, Sharon and Carlisle, aforesaid, shall, by notice, to be given by the supervisors thereof, meet together and apportion the poor, maintained by the towns aforesaid, and money belonging to the same previous to the division thereof, according to the then last tax list. CHA P. LXXXIV. AN ACT for the Relief of Peggy Canfield, Mary Ann Canfield and Harriet Canfield, who are Infants. Passed April 3, 1807. Wfield, that the said Samuel Canfield, did, in the month of April, HEREAS it is represented to the legislature by Samuel Can in the year one thousand eight hundred and two, invest the sum of seven hundred and fifty dollars, (which he held in trust under a resolution of the legislature of the state of Connecticut, for his children Sally Canfield, Mahitable Canfield, Samuel Canfield, junior, Peggy Canfield, Mary Ann Canfield and Harriet Canfield, who were then all infants, to be invested for them in real estate,) in a certain tract of land, situate in the town of Schaghtikoke, in the county of Rensselaer, containing by estimation, about fifty acres, and took a conveyance thereof, to and in the name of the said children; that the said Sally, Mahitable and Samuel, junior, three of the said children, have since arrived to the age of twenty-one years; and that the said Peggy, Mary Ann and Harriet, are yet infants; that the said fifty acres are parcel of a farm of about one hundred and thirty acres, the remaining part of which belongs to the said Samuel Canfield, that he is desirous to sell his part of the said farm; and that the said Sally, Mahitable and Samuel, junior, are desirous to sell their interests in the said fifty acres; and that the said farm could be sold to much better advantage by selling it entire, than by selling it in parcels and subject to undivided rights; and that the interest of the said infant children would be greatly promoted by an entire sale of the said farm, and a judicious investment of their share of the proceeds thereof, in other real estate, Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the said Samuel Canfield, Thomas Turner and Nehemiah B. Bassett, for and in behalf of the said infants, Peggy Canfield, Mary Ann Canfield and Harriet Canfield, to join with the said Sally Canfield, Mahitable Canfield and Samuel Canfield, junior, in executing a conveyance of the said fifty acres of land, to the purchaser thereof; and that the conveyance, so executed, pursuant to this act, shall be valid to all intents and purposes, as if the same were made by all the said children, grantees as aforesaid, at lawful age: Provided, That the consideration for the said fifty acres of land, sold as aforesaid, shall not be less than eight hundred dollars, the shares of the said infants of the proceeds of such sale to be again directly and discreetly invested by the said Samuel Canfield, Thomas Turner and |