George Mc ised to erect a dam across the Conhoc Height of dam CHAP. 38. AN ACT authorising George McClure to continue or rebuild « Passed February 4, 1826. 1. BE it enacted by the People of the State of New-York, repreClme author sented in Senate and Assembly, That George McClure is hereby authorised to erect a dam, or continue, and keep in repair, the dam lately erected by him across the Conhocton river, in the county of Steuben, about one mile and a quarter above the village of Bath, on land owned by the said George McClure, on or near lot number forty-nine, and opposite to the farm owned and occupied by John Erwin; said dam not to exceed three feet in height, for the purpose of supplying his fulling mills and carding machinery with water: Provided, That the said George McClure shall erect an apron or lock in said dam, of such construction as to render the passage safe and easy for rafts, arks and boats, common in said river, at all times during the continuance of said dam; And provided further, That nothing herein contained shall be construed to authorise the said George McClure to raise his dam in such a manner that shall overflow the lands of any person; and that it shall be lawful for the legislature, at any time, to repeal or modify this act. Proviso Preamble Former pro society de CHAP. 39. AN ACT relative to the Medical Society of the County of Niagara. Passed February 10, 1826. WHEREAS the medical society of the county of Niagara kas inadvertently changed the time of holding their anniversary meeting contrary to the act, entitled "an act to incorporate medical societies for the purpose of regulating the practice of physic and surgery in this state" And whereas considerable business has been done by the said society since the altering of the time of holding their said anniversary meeting, whereby great inconvenience and mischiefs are likely to ensue : Therefore, BE it enacted by the People of the State of New-York, repreceedings of sented in Senate and Assembly, That all the meetings and proceedclared valid ings of the said medical society, of the county of Niagara, since the changing of the time of holding their anniversary meeting as aforesaid, shall be, and are hereby declared as valid and effectual in law, as if the time of holding their annual meeting had never been altered Annual meet or changed, any law to the contrary notwithstanding; and the anniversary day of the meeting of said society shall hereafter be on the first Tuesday in January. CHAP. 40. AN ACT to revive an Act, to incorporate the Village of Bridgewater in the County of Oneida, passed April 21, 1825. Passed February 10, 1826. WHEREAS the freeholders aud inhabitants residing in the vil- Preamble lage of Bridgewater, in the county of Oneida, omitted to meet the first Wednesday of May last for the purpose of choosing trustees of said village by means whereof the said act has become inoperative : Therefore, BE it enacted by the People of the State of New-York, repre- Former act sented in Senate and Assembly, That the said act shall be, and the revived same is hereby revived, and that it shall and may be lawful for the freeholders and inhabitants residing within the limits of the village of Bridgewater, and who pay a tax assessed upon their real or personal property, to meet at the public house of Abraham Catlin, on the first Wednesday of May next, and then and there proceed in pursuance of the act hereby revived, to choose not less than three, nor more than five freeholders, residing within the limits of said village, to be trustees thereof, and that the said election and all future elections, shall be as valid as though the election for trustees had been regularly held on the first Wednesday of May last. 66 CHAP. 41. AN ACT for renewing and continuing in force, an Act, entitled an Act to incorporate the New-York Historical Society," passed February 10, 1809. Passed February 10, 1826. 1. BE it enacted by the People of the State of New-York, re- Former act presented in Senate and Assembly, That the act entitled " an Act revived to incorporate the New-York Historical Society," passed February 10th, 1809, shall be, and the same is hereby revived and extended, and continued in force, until the tenth day of February, which will be in the year of our Lord one thousand eight hundred and thirty-nine and the said act shall be taken and considered to have been in full force and effect, since the time of the passing thereof, in the same manner as if the same had not expired by its own limitation. until others under this act 2. And be it further enacted, That the officers last appointed by the officers of so said society or corporation, pursuant to the provisions of the said ciety to hold act, shall be and continue to be officers of the said corporation till are appointed others shall be duly chosen in their respective places; and the estate and property which the said society or corporation may have legally acquired, or which they may legally hold, pursuant to the said act, they may continue to hold, and may convey and dispose of the same, in the same manner as if the said act had always continued in full force and effect. Commission CHAP. 42. AN ACT for the Relief of Daniel Wallis and Benjamin Trum bull. Passed February 10, 1826. 1. BE it enacted by the People of the State of New-York, repreers of land of-sented in Senate and Assembly, That it shall be the duty of the patent to Da- commissioners of the land-office to grant letters patent, quit claimniel Wallis ing to Daniel Wallis, of the town of Marcellus, his heirs and as fice to grant Froviso Commission ers of theland Trumbull signs, the right and title of the people of this state, in and to all that certain piece or parcel of land, being part of lot number eightyeight in the town of Marcellus, and described in a survey and map of said lot, made by John McFadden, the fourth day of December, one thousand eight hundred and twenty, pursuant to the directions of the commissioners of the land-office, as being ten acres of land, then in the possession of Reuben Newton, upon the said Daniel Wallis paying into the treasury of this state within one year, with interest, the value of said piece of land, in the year one thousand eight hundred, according to the appraisal of Robert Earll, Samuel Tyler and John McFadden, appointed by the surveyor-general to appraise said lot: Provided, That said letters patent shall not be taken or deemed to bar any person or persons having claim or title to said piece of land, from recovering the same. 2. And be it further enacted, That it shall be the duty of the office to grant commissioners of the land-office to grant letters patent, quit claimpatent to B ing to Benjamin Trumbull of the town of Marcellus, his heirs and assigns, the right and title of the people of this state, in and to all that certain piece or parcel of land, being part of said lot number eighty-eight, in the town of Marcellus, and described in said survey and map, as being ninety-six hundredths of an acre of land, and marked letter A, upon the said Benjamin Trumbull's paying into the treasury of this state within one year, with interest, the value of said piece of land in the year one thousand eight hundred, according to the appraisal made as aforesaid: Provided, That said letters patent shall not be taken or deemed to bar any person or persons having claim or title to said piece of land, from recovering the same. Proviso 14th section CHAP. 43. AN ACT to amend an Act entitled, “an Act relative to Partnerships," passed April 17, 1822. Passed February 10, 1826. BE it enacted by the People of the State of New-York, repreof former act sented in Senate and Assembly, That the fourteenth section of the repealed act entitled " an Act relative to partnerships," passed the seventeenth day of April, in the year of our Lord one thousand eight hundred and twenty-two, be and the same is hereby repealed. CHAP. 44. AN ACT to incorporate the Utica Horticultural Society, in the Passed February 13, 1826. Corporation 1. BE it enacted by the People of the State of New-York, rep- Cod resented in Senate and Assembly, That all such persons as now are, and may from time to time become members, shall be and hereby are constituted a body corporate and politic, by the name of "The Utica Horticultural Society," and by that name they shall Corporate have perpetual succession, and shall be persons capable in law, of name and gen eral powers suing and 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 pleasure: Provided, That the amount of Previso said real and personal estate shall not at any time, exceed the sum of ten thousand dollars; And provided, That the funds of the said corporation shall be used for the benefits, and in the pursuits of Horticulture. 2. And be it further enacted, That the capital stock of said so- Capital stock ciety shall be ten thousand dollars, which shall be divided into shares of five dollars each. 3. And be it further enacted, That the said society shall forever By-laws 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 soeiety, for suspending or expelling such members as shall neglect or refuse to comply with the by-laws and regulations, and for managing and directing the affairs and concerns of the said society: Provided, Proviso such by-laws and regulations be not repugnant to the constitution and laws of this state, or of the United States. 4. And be it further enacted, That the stock, property and con- Directors cerns of the said society, shall be managed by seven directors, who shall hold their offices for one year, and until others are chosen, which directors shall at all times, during their continuance in office, be stockholders in the said society in their own right; and the first Election election shall be held in the town of Utica, according to ten days previous notice, given in one or more of the newspapers printed in Notice how Utica, to be signed by three persons, to be chosen by the said stockholders, and who shall preside at such election. 5. And be it further enacted, That the officers of the said society shall consist of a president, secretary and treasurer, to be ap given President, secretary & treasurer Directors how chosen Transfers how made This declar pointed by the said directors by ballot; and the said directors shall be chosen by the stockholders of said society, each share or proxy for a share, to be entitled to a vote. 6. And be it further enacted, That all transfer of shares shall be made and entered in a book, to be by them provided, under their regulation, to be by them prescribed. 7. And be it further enacted, That this act shall be deemed and ed a public taken to be a public act, and the same to be construed benignly and favorably for every beneficial purpose. act Legislature may repeal John Phillips at Youngs town 8. And be it further enacted, That the legislature do reserve the right to alter, modify or repeal this act at any future time. CHAP. 45. AN ACT relative to the Ferry, at Youngstown, in the County of Niagara. Passed February 14, 1826. 1. BE it enacted by the People of the State of New-York, repreto keep ferry sented in Senate and Assembly, That from and after the first day of January next, John Phillips, his heirs or assigns shall be, and they are hereby authorised to keep the ferry at Youngstown in the county of Niagara, for and during the term of ten years, which term will expire on the first day of January, one thousand eight hundred and thirty-seven. ferriage County court 2. And be it further enacted, That the court of common pleas, to regulate of the county of Niagara, shall at the next January term of the said court, and from time to time thereafter, as they shall deem equitable, regulate the rates of ferriage, to be allowed and taken at the said ferry, and no greater sum shall be taken at the said ferry, than such rate as shall be fixed by the said court. Recogni zance to be given Ferry boat to ed, how and when 3. And be it furter enacted, That the said John Phillips, shall, before the establishment of such ferry, enter into a recognizance before any judge of the said court, who is hereby authorised to take the same to be filed in the office of the clerk of the said county, in the sum of five hundred dollars, that he will at all times keep at least two good and sufficient safe ferry boats, for the transportation of such passengers, carriages, animals, produce, and other articles, as may be offered to be ferried across the Niagara river, at Youngstown, and shall at all reasonable hours, keep a sufficient number of careful and experienced men, to take charge of, and manage the said boats. 4. And be it further enacted, That the said John Phillips shall be construct build, or cause to be built, on or before the first day of January, one thousand eight hundred and twenty-eight, a good and sufficient boat, so made and constructed as to be propelled either by steam or horse power, and of sufficient burthen and capacity to do and perform all the business of ferrying at Youngstown aforesaid; and shall, on or before the day last aforesaid, apply and use the said boat thus propelled by steam or horse power thereafter, as the ferry boat of the said ferry; and if the said John Phillips shall fail faithfully and properly to comply with the terms and requisitions of this |