ry to demand payment in trict ceptances fall due during the continuance of such infectious or contagious disease, to register in a book to be for that purpose kept in the office of the clerk of the city and county of New-York, the places out of the said district and within the said county to which they may have removed, or where their said notes and acceptances may be presented for payment during their absence therefrom; and Not necessa in case of their neglect or omission so to do, it shall not be necessary for any person or persons to go or send into such infected district infected dis for the purpose of demanding payment of any bill of exchange or promissory note whotsoever; but in all such cases when the ordinary rules of law would require the party to go or send into such district to make any demand of payment, or when no registry is made as above provided, it shall be sufficient to make such demand of the clerk of the city and county of New-York, or his deputy, for the time being, and such presentment and demand shall be as valid and Demand to binding on all the parties concerned as if the same had been duly clerk in cer presented to the maker or acceptor of any such promissory note or bill of exchange in person. be made of tain cases 2. And be it further enacted, That it shall be the duty of the Duty of clerk clerk of the said city and county during the continuance of such dis- prescribed ease as aforesaid, to provide and keep in his office a book for the purposes aforesaid, accessible to the public at all times during office hours, free of charge, in which the names of all persons requesting the same shall be alphabetically registered, together with their temporary places of business or removal, and that the said clerk shall be entitled to claim for each registry as aforesaid the sum of twentyfive cents. sidered as 3. And be it further enacted, That such infectious or contagious When con disease shall be considered to have subsided, whenever proclama- having sub tion to that effect shall be made by the board of health, or other sided proper authority of the city of New-York. CHAP. 18. AN ACT to incorporate the Utica Lyceum. Passed January 21, 1826. WHEREAS the me mbers of the Utica Lyceum have associated Preamble for the purpose of encouraging the study and of disseminating a knowledge of natural history and other useful sciences, and have petitioned for an act of incorporation: Therefore, 1. BE it enacted by the People of the State of New-York, rep- Corporation resented in Senate and Assembly, That Nathan Williams, Jonas created Platt, Joseph Kirkland, Alexander Coventry, Thomas Goodsell, Montgomery Hunt, Elijah F. Willey, William H. Maynard, Alexander B. Johnson, and such other persons as now are and may from time to time become members of the society by this act incorporated, shall be, and hereby are constituted a body corporate and poli- Corporate tic, by the name of the Utica Lyceum, and by that name they shall name and gen have perpetual succession, and shall be a body capable of suing and eral powers Seal Real estate being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and may have a common seal, with power to change and alter the same from time to time, and shall be capable of purchasing, taking possession of, holding and enjoying to them and their successors, any real estate, in fee simple, or otherwise, and any goods chattels and personal estate, and of selling, leasing, or otherwise disposing of said real and personal estate, or any part thereof, at their will and pleasure: Provided however, That the funds of the said corporation shall be used and appropriated to the objects conIncome not to templated in the preamble to this act: And provided also, That the clear annual income of such real and personal estate, shall not exceed the sum of one thousand dollars. exceed D1000 May make by-laws, reg ulating elec tion of offi eers, &c. Proviso Officers, ed 2. And be it further enacted, That the said society shall forever hereafter have power to make, constitute, ordain and establish such by-laws, and regulations as they shall judge proper, for the election of their officers, for prescribing their respective functions, and the mode of discharging the same, for the admission of new members, for the government of the officers and members thereof, for collecting the fines, impositions and annual contributions from the members, for regulating the times and places of meeting of the said society, for suspending or expelling such members as shall neglect or refuse to comply with the by-laws or regulations, and for managing and directing the affairs and concerns of the said society: Provided, Such by-laws and regulations be not repugnant to the constitution and Jaws of this state or of the United States, or the objects contemplated by the preamble of this act. 3. And be it further enacted, That the officers of the said sociwhen appoint ety shall consist of a president, three vice-presidents, a corresponding secretary, a recording secretary, a treasurer and five curators, and such other officers as the said society shall deem necessary, who shall be chosen annually, and who shall continue in office for one year, or until others shall be elected in their stead; that if the annual election shall not be held on any of the days for that purpose appointed, it shall be lawful to make such election at any other regular meeting; and that such number of members of the said society assembled at the place and time designated for that purpose, as may be specified by the constitution or by-laws of the said society, sha!! constitute a legal meeting thereof; and that in case a vacancy shall take place in any office between the annual elections, then it shall be lawful to fill such vacancy at any regular meeting, and the person or persons so chosen, shall continue in office until the next annual election, or until others shall be elected in their stead. First officers 4. And be it further enacted, That Nathan Williams shall be the president; Montgomery Hunt, the first vice-president; Alexander Coventry, the second vice-president; Alexander B. Johnson, the third vice-president; Elisha F. Willey, the corresponding secretary; Samuel Dana Dakin, the recording secretary; Thomas Colling, treasurer. William H. Maynard, Thomas Skinner, Thomas H. Hubbard, Greene C. Bronson and William J. Bacon, curators, severally to be the first officers of the said corporation, who shall hold their respective offices until the fourth Thursday in November next, and until others shall be chosen in their places. 5. And be it further enacted, That the legislature may at any Right to re time, modify or repeal this act. CHAP. 19. AN ACT for the Relief of Elizabeth Gelley. Passed January 27, 1826. peal reserved WHEREAS Elizabeth Gelley, of the county of Orange, hath Preamble by her petition, represented that her husband, John Gelley, who is now deceased, did in his life time purchase a certain house and lot of land, situate in the town of Montgomery, in the said county of Orange, which said house and lot of land is bounded on the north, by a road leading from the highway, (running from Goshen to Montgomery,) to the Walkill, owned, and occupied by Johannus Miller and Jacob Hart; on the east, by said highway, running from Goshen to Montgomery, on the south and west, by lands of the said Johannus Miller, containing about one fourth of an acre, which said lot of land was conveyed by the said Johannus Miller to John Wallace, and by the said John Wallace to the said John Gelley; and whereas the said Elizabeth Gelley, hath by her said petition, further represented, that the said John Gelley had not at the time of his death become a naturalized citizen of the United States, or in any manner empowered to take, hold and convey real property within this state: Therefore, Gelley au lot creditors re BE it enacted by the people of the State of New-York, repre- Elizabeth sented in Senate and Assembly, That it shall and may be lawful, thorised to for the said Elizabeth Gelley, to take and hold the house, lot and hold a certain premises above described, with the hereditaments and appurtenances, to her and to her heirs and assigns forever; and to have and dispose of the same, and of the rents and issues and profits thereof, for her sole use and benefit: Provided, That nothing herein Claims of contained shall be taken to bar or preclude, (and the said premises served are hereby expressly declared to be liable for) the payment of the just claim or claims of any creditor or creditors of the said John Gelley, whose right of action has accrued subsequent to the intermarriage of the said Elizabeth Gelley with the said John Gelley, and who at the time they so became creditors, were citizens of the United States, or in any wise to affect the right or title which any citizen of the United States may have to the said premises. CHAP. 20. AN ACT to Divide the Town of Covert, in the County of Seneca. Passed January 27, 1826. 1. BE it enacted by the People of the State of New-York, rep- Town of Loù resented in Senate and Assembly, That from and after the first erected Monday in March next, all that part of the town of Covert, in the county of Seneca, lying west of a line running from the northwest Town of Covert Duty of su divide poor money corner of lot number forty-nine, in said town, along the west line of said lot, and the lot or lots lying south thereof, to the south line of said town, at the southwest corner of lot number ninety-four, in said town, shall be erected into a separate town, by the name of Lodi, and that the first town-meeting held therein, shall be held at the house of John Ingersoll, in the said town, on the first Tuesday of March next. 2. And be it further enacted, That all the remaining part of the said town of Covert, shall be and remain a separate town by the name of Covert, and that the next town-meeting, to be holden therein, shall be held at the house of Chauncey Pratt, in said town. 3. And be it further enacted, That as soon as may be, after the pervisors to first Tuesday in April next, the supervisors and overseers of the of the aforesaid towns, shall, by notice to be given for that purpoor pose by the supervisors thereof, meet together and apportion the poor maintained by the said town of Covert, and the poor money belonging to the same, previous to the division thereof, agreeable to the last tax list of said town; and that each town shall forever thereafter support and maintain its own poor. Asa & Isaac How con structed CHAP. 21. AN ACT to authorise Asa Parshall and Isaac Parshall, to erect a Dam across the Tioga River. Passed January 27, 1826. 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for Asa erect a dam Parshall and Isaac Parshall, of the town of Chemung, in the county of Tioga, to erect a dam across the Tioga river, in the said town of Chemung, at the place where their temporary dam is now erected, near the Grist Mill, situated on the southerly bank of the said river, which dam shall be constructed in the following manner: an apron to extend across the river, which shall not exceed six inches in height above low water mark, and on the ends or shore sides of said apron the dam to be erected shall not exceed eighteen inches in height, above said apron; leaving the main channel of said river of at least seventy-five feet in width, clear (except said apron) at all times unless in very low water, when they may place boards edgewise along the said seventy-five feet, which said boards shall be removed at any navigable pitch of water. Commissions of highways 2. And be it further enacted, That if at any time after the construction of said dam as aforesaid, the commissioners of highways, may remove in and for said town of Chemung, shall consider the said dam as obstructing the free navigation of said river, they may in their discretion cause the same to be removed. dam Right to re peal reserved 3. And be it further enacted, That it shall and may be lawful for the legislature at any time hereafter, to repeal this act, and to resume any right or privilege hereby granted, without compen sation. CHAP. 22. AN ACT to divide the Town of Painted Post, in the County of Passed January 27, 1826. win erected. 1. BE it enacted by the People of the State of New-York, repre- Town of Ec sented in Senate and Assembly, That from and after the first Monday in March next, all that part of the now town of Painted Post, known and distinguished as townships numbers one and two, in the second range of townships, shall be erected into a separate town by the name of Erwin, and that the first town meeting shall be held therein, at the house of Daniel Roock's, in said town, on the first Tuesday in March next. Hornby. 2. And be it further enacted, That from and after the said first Mon-Town of day in March next, all that part of the now town of Painted Post, known and distinguished as townships number three, in the first, and number three in the second range of townships, together with so much of the gore lands lying east of, and adjoining township number three, in the first range, as now forms a part of said town, shall be erected into a separate town, by the name of Hornby, and that the first town meeting shall be held therein, at the school-house in school district number nine, on the first Tuesday in March next. 3. And be it further enacted, That all the remaining part of the Painted Post now town of Painted Post, shall be and remain a separate town, by the name of Painted Post, and that the next town meeting to be held therein, shall be held at the school house, in school district number two in said town. to remain. 4. And be it further enacted, That as soon as may be, after the Duties of su first Tuesday in March next, the supervisors and overseers of the Perseers of poor of the aforesaid towns, shall, by a notice to be given for that the poor. purpose, by the supervisors thereof, meet together at such place ast may be agreed on, and expressed in such notice, and apportion the poor maintained by the said town of Painted Post, and the poor money belonging to the same, previous to the division thereof as aforesaid, agreeably to the last tax list of said town, and that each town shall forever thereafter support its own poor. CHAP. 23. AN ACT for the Relief of Isaac Kinney. Passed January 27th, 1826. BE it enacted by the People of the State of New-York, repre- Time extend sented in Senate and Assembly, That Isaac Kinney, collector of ed for collect ing taxes in the town of Hannibal, in Oswego county, shall have until the first Hannibal. day of March next, to collect the taxes of said town of Hannibal, and to settle the same with the treasurer of said county, any law to the contrary notwithstanding: Provided, That said Isaac Kinney shall give to the supervisor of said town such further or other se |