CHAP. 30. AN ACT to amend the Act entitled "an Act concerning the Passed February 2, 1826. school lots in 1. BE it enacted by the People of the State of New-York, rep- Trustees may resented in Senate and Assembly, That it shall be lawful for the sell gospel & trustees of any gospel and school lot, who now are, or hereafter may military tract be appointed in any town or towns, in the military tract, in pursuance of any law of this state, to sell the said lots belonging to their respective towns, upon such credit as to them shall appear most for the interest of their respective towns, and to receive payment for the same whenever they shall think proper. monies to be 2. And be it further enacted, That it shall be the duty of the Principal said trustees at all times to keep the principal monies realised from invested in the sale of said lots, invested in loans secured by bond and mortgage loans upon unincumbered real estate, to double the value of the mortgage money; and for that purpose it shall be lawful for the said trustees, as often as it may become necessary, to loan the said monies upon such mortgage security, to purchase in the mortgaged premises, upon any foreclosure thereof, and from time to time, to loan any monies, and hold, dispose of and convey any lands or tenements which may become vested in them, in pursuance of their duties, as such trustees: Provided, That the said trustees shall always take security by bond and mortgage, for any loans made, or for the purchase monies due for lands sold by them: And provided also, That the Proviso rents and profits of the lands so held by the said trustees, and the interest of the monies arising from the sale thereof, shall always be applied by the said trustees according to the provisions of the act hereby amended, unless otherwise specially provided for by law. 3. And be it further enacted, That the trustees of any of the said Trustees to lots hereafter to be appointed, shalt, before they enter upon the du- give bonds ties of their office, execute a bond to the supervisors of their respective towns, in such penalty and with such sureties as the said supervisors shall approve, conditioned for the faithful discharge of the trust reposed in them. CHAP. 31. AN ACT to lay out a Road from the Village of Ludlowville, in the Passed February 3, 1826. 1. BE it enacted by the People of the State of New-York, re- Commission presented in Senate and Assembly, That Nathaniel Garrow, Jona-era than Richmond and Archibald Greene, be and are hereby appointed commissioners to lay out a public road or highway, four rods wide, on the most direct and eligible route, from the village of Lud Damages Damages how paid Deemed a Commission ers to take an of land lowville, in the town of Lansing, to the Cayuga lake, at or near the mouth of Salmon creek. 2. And be it further enacted, That as soon as the said commissioners shall have laid out said roads, they shall cause a description thereof to be recorded in the office of the clerk of the said town of Lansing, and shall, at the same time, assess all damages which the owner or owners of any lands, tenements or hereditaments, may sustain by means of laying out and opening said road, and file the same, with the survey of said road. 3. And be it further enacted, That before the commissioners of highways of said town of Lansing, shall proceed to open or work said road, the damages assessed by the said commissioners shall be paid to the owner or owners of the land through which said road shall be laid, and the sum or sums thus paid, shall be assessed and collected in the same manner as the damages are assessed and collected to lay out and open roads or public highways, by virtue of an act entitled, "an act to regulate highways." 4. And be it further enacted, That said road laid out in manner aforesaid, shall be deemed a public highway, subject to the same rules and restrictions as highways laid out by the commissioners of highways, under, and by virtue of the act aforesaid; and that the commissioners of highways of said town of Lansing, shall cause the said road to be opened, districted and worked, in the same manner as if the same had been laid out by the said town commission ers. 5. And be it further enacted, That each of the commissioners appointed by this act, shall, before he enters upon the duties of his notify owners said office, take and subscribe an oath, or affirmation, before a justice of the peace of the county of Tompkins, that he will faithfully and impartially perform the duties required of him, in and by this act, and that they shall at least ten days before entering upon their duties, give notice in writing to the owner or owners of lands through which said road shall pass, of the time of meeting to lay out said road. To receive 2 6. And be it further enacted, That each of the commissioners 1833-8 crease their CHAP. 32. AN ACT to authorize the High School Society of New-York, to increase their Capital Stock. Passed February 3, 1826. High school D20,000 fifty thousand dollars, and that they may purchase, take, hold and May hold real estate enjoy any real and personal estate, for the purpose of enabling for certain them to extend the benefits and advantages of said institution to fe- purposes males as well as males, such real and personal estate, not to amount in value to more than fifty thousand dollars as aforesaid, with all the rights and privileges, and subject to all the restrictions contained in an act entitled, "an act to incorporate the High School Society of New-York," passed the 4th day of April, 1825. CHAP. 33. AN ACT to alter the time of holding the Annual Meeting of the Passed February 3, 1826. supervisors in BE it enacted by the People of the State of New-York, repre- Annual sented in Senate and Assembly, That the annual meeting of the meeting of board of supervisors of the county of Otsego, shall be held on the Otsego Monday next after the annual election in every year. CHAP. 34. AN ACT for the Relief of Settlers on Lot No. 85 in Milton, now Lansing, in the County of Tompkins; lot No. 64, in the Township of Cato, and lot No. 44, in the township of Locke, in Cayuga County. Passed February 3, 1826. ers of the land tion to certain Locke BE it enacted by the People of the State of New-York, repre- Commission sented in Senate and Assembly, That it shall be lawful for the com- office, their missioners of the land-office, and they are hereby required to issue duty in rela letters patent, to such persons as shall, under colour of title bona is in Lan fide obtained, be in the actual possession, and have made improve. sing, Cato & ments on lot number eighty-five, in the township of Milton, (now town of Lansing) in the county of Tompkins, lot number sixty-four, in the township of Cato, and lot number forty-four in the township of Locke in Cayuga county, fer the parts thereof which they respectively possess, on the terms and conditions on which letters patent are authorised to be granted to bona fide purchasers_of lands in the military tract escheated to the people of this state: : Provided, Proviso That such possessor or possessors, shall make application to the commissioners of the land-office for such grants before the first day of January next; and it shall be the duty of the surveyor general, to cause the requisite appraisements, and the further surveys to be made before the first day of September next. 4 No suit com menced be fore 1st Jan. CHAP. 35. AN ACT to amend the Act entitled " an Act to annex part of the County of Steuben, to the County of Yates, and for other purposes," passed April 6, 1824. Passed February 3, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That nothing in the act hereby to be affected amended, shall be construed to affect any suit or action in any court by former act whatsoever, commenced previous to the first day of January, in the year one thousand eight hundred and twenty-six, so as to work a wrong, or to prejudice the parties therein, or to affect any criminal or other proceeding, on the part of the people of this state; but all such civil and criminal proceedings, shall, and may be prosecuted to trial, judgment and execution, as if the said act hereby amended, had not been passed. Isaac Spear CHAP. 36. AN ACT establishing and regulating a Ferry across Lake Champlain, in the Town of Crown Point. Passed February 4, 1826. 1. BE it enacted by the People of the State of New-York, reauthorised to presented in Senate and Assembly, That it shall and may be lawkeep a ferry ful for Isaac Spear, of the town of Crown Point, in the county of Essex, and his assigns respectively, to set up, keep and maintain a ferry across Lake Champlain; that is to say, from the landing of the said Isaac Spear, at Putnam's Point, in the town of Crown Point to Bridgport, on the east side of the lake, for and during the term of ten years, to be computed from the first day of September next : Provided, That nothing in this act contained, shall be deemed or taken to impair or infringe any right or privilege heretofore granted by the legislature. Proviso Dock and 2. And be it further enacted, That the said Isaac Spear, and his ferry boats assigns, shall, if they shall set up a ferry, by virtue of this act, erect a convenient dock on the landing place, (if not already erected,) on that part of the landing of the said Isaac Spear, in the town of Crown Point aforesaid, as shall be most suitable for the purpose, and shall, during the term aforesaid, keep a good and sufficient ferry boat, capable of carrying four horses and two wagons, and ready at all reasonable times and seasons, to transport and ferry across the said lake, persons, goods and chattels. Court to regu late ferry 3. And be it further enacted, That the court of common pleas of the county of Essex, in their sessions, may and shall annually order, direct and determine the several rates of the said ferry, and the several hours in each day that the boats of the said ferry shall be kept in readiness. 4. And be it further enacted, That if the above named Isaac Penalty Spear or his assigns, or any ferryman or person employed by him or them, shall take, exact or receive any greater or higher rates for transporting any persons, goods and chattels, or other things whatsoever, than shall be by the court of common pleas aforesaid, limited or established; he or they so offending, shall forfeit and pay for every such offence, the sum of three dollars, to be recovered in any court within this state having cognizance thereof, by any person who shall sue for the same. for ferrying, 5. And be it further enacted, That if any person or persons Penalty on shall, after the said first day of September next, set up, keep or other persons maintain a ferry, or shall carry or transport any person or persons, &c goods or chattels, for hire or pay across the said lake, within one mile north of the said dock or landing place of the said Isaac Spear, other than the said Isaac Spear and his assigns, such person or persons, for every such offence, shall forfeit and pay the sum of five dollars, to be recovered in any court within this state having cognizance thereof, by any person who shall sue for the same :Provided always, That nothing herein contained shall be constru- Proviso ed to exclude any person or persons, living or inhabiting on the bank of said lake within the limits aforesaid, from the right of carrying their own goods and chattels respectively, in their own boats, without paying any rates of ferriage. tain cases 6. And be it further enacted, That if it shall appear upon suffi- Rights to cient evidence to the court of common pleas of the said county of case in cer Essex, that the said Isaac Spear or his assigns, shall neglect to comply with the directions of this act by the first day of September next, in keeping the ferry aforesaid, it shall and may be lawful for the said court to adjudge, that all the privileges granted to him or his assigns under this act, shall cease and be of no effect: Provided, Proviso That the legislature may at any time hereafter modify or repeal this act. СНАР. 37. AN ACT for the Relief of Philip Hardenburgh. Passed February 4, 1826. letters patent BE it enacted by the People of the State of New-York, repre- Commission sented in Senate and Assembly, That it shall be lawful for the com- ers of land of missioners of the land-office, and they are hereby required to issue fice to issue letters patent to Philip Hardenburgh, for sub-division number seven, to Philip Har of lot number eighty-eight, in the township of Marcellus, in the denburgh county of Onondaga, on the terms and conditions, on which letters Condition patent are authorised to be granted to bona fide purchasers of lands in the military tract escheated to the people of this state: Provided, That said Philip Hardenburgh shall make application Proviso to the commissioners of the land-office for such grant before the first day of January next; and it shall be the duty of the surveyor-general, to cause the requisite appraisements and the further surveys to be made before the first day of September next, unless in his opinion, it shall not be necessary to make such further surveys. |