Liabilities Statement of expense Road may be purchased by the state Power as to roads least thirty days previous to the payment of the same, in a public newspaper published in the cities of Albany, Schenectady and NewYork. 15. And be it further enacted, That the stockholders and directors of the said corporation shall be jointly, severally and personally liable for the payment of all debts contracted by the said corporation or by their agents; and any person or persons having any demand against said corporation, may sue any stockholder, director or directors, in any court having cognizance thereof, and recover the same, with costs: Provided, such demand shall first be presented for payment to some one of the officers of said company. 16. And be it further enacted, That when the said rail road shall be completed, the president and directors shall make out a minute full and detailed statement of the expense of constructing the same, which report shall be under oath of the said president and directors, and shall be filed in the secretary's office of this state. 17. And be it further enacted, That the grant in this act contained, is made and shall be deemed to be taken on the condition, that if the legislature of this state shall, at any time within five years from the time of the completion of the said rail road, make provision by law for the re-payment to the said company of the amount expended by them in constructing said rail road, with interest, after deducting therefrom the amount of the tolls received thereon, then the said grant shall become null aud void, and the said rail road shall vest in and become the property of the people of this state. 18. And be it further enacted, That nothing in this act containmaking other ed shall be so taken or construed as to prevent the present or any future legislature from authorising the construction of a rail road or roads from any city or village other than from the city of Albany, to any other place or places in this state. Legislature may repeal A public act Children to 19. And be it further enacted, That the rights and privileges hereby, granted shall be deemed and taken to be subject to the right of the legislature hereafter to alter, amend or modify this act. 20. And be it further enacted, That this act shall be deemed a public act, and shall be benignly and favorably construed for the purposes therein expressed and declared, in all courts and places whatever. CHAP. 254. AN ACT to amend the act to provide for the establishment of Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, reprebe bound out sented in Senate and Assembly, That from and after the passing of this act, it shall and may be lawful for the superintendents of county poor-houses in the several counties of this state, to bind out any child or children of any poor person who is or shall become chargeable to such county, or any town therein; and the child or children of any poor person, who is or shall become chargeable as aforesaid, to be clerks, apprentices or servants, according to their age, degree and ability, where they or a majority of the said superintendents 2. And be it further enacted, That for all purposes relating to, or consequent on any such binding out as aforesaid, all the provisions contained in the act, the title of which is in the preceding section recited, are hereby declared to be in force, to apply to and form a part of this act, in the same manner as fully to all intents and purposes, as though the same were herein recited: Provided, That instead of depositing the counterpart of any indenture executed by virtue of this act, with the clerk of any town, the same shall be filed without charge by the said superintendents, in the office of the clerk of the county in which such binding out as aforesaid shall take place. Former actin force CHAP. 255. AN ACT declaring certain Waters Public Highways, and for oth creek &c 1. BE it enacted by the People of the State of New-York, rep- Conewango resented in Senate and Assembly, That the Conewango creek from John Kent's mills down to its junction with the little Conewango creek, and the little Conewango creek, thence up to the bridge on the Jamestown road so called, be and they are hereby declared public high ways:Provided however, That the owner or owners of the adjoining lands may erect mills or other water works, store houses, or docks on the said waters, so that the same shall not obstruct the navigation thereof: And provided further, That nothing herein contained shall be Proviso construed to abridge any pre-existing private rights. said creek 2. And be it further enacted, That if any person or persons shall, Penalty for after the passing of this act, dam up or obstruct the navigation of obstructing the said creeks by erecting or building any mill or dam, or by the building or erecting other works, or by the cutting or falling any timber in the same, the person or persons so offending shall forfeit the sum of ten dollars, to be recovered with costs of suit, by and for the use of any person who shall sue for and collect the same before any justice of the peace; and the person so offending shall also be deemed guilty of a misdemeanor, and be prosecuted accordingly by indictment. 3. And be it further enacted, That as soon as may be after the Money to be passing of this act, the supervisors and town clerks of the towns of divided Conewango and Randolph, in the county of Cattaraugus, shall by a notice to be given for that purpose by the supervisors aforesaid, meet together at such time and place as shall be designated in such notice, and divide the money raised in the town of Conewango, for the improvement of roads and bridges, and which remained unappropriated at the time of the division of said town, according to the valuation of the real and personal estate of the inhabitants of said town on the last tax list. New survey to be made Act of April 25, 1823 Road to be districted Penalties CHAP. 256. AN ACT to correct the Survey of a public Road in the County of Rockland. Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful, and is hereby made the duty of the commissioners named in the act entitled 66 an act to appoint commissioners to lay out a public road from the Hudson river ot Nyack in the town of Orange, to the Orange turnpike in the town of Hempstead in the county of Rockland," passed April 23, 1823, at any time before the first day of August next, to resurvey and alter the route of the road mentioned in the said act, or any part thereof, which they the said commissioners or any two of them may think proper; and to correct any errors which may have been committed in the survey thereof, which has already been made. 2. And be it further enacted, That all the provisions of the aforesaid act shall apply to and be observed in relation to such future survey. 3. And be it further enacted, That it shall be the duty of the commissioners aforesaid, or either of them, to give notice in writing to the commissioners of highways of the respective towns through which the said road runs, or any one of them, of the re-surveying of said road or any part thereof; and of such alterations and corrections as they shall have made, (if any); and it shall be the duty of the said commissioners of highways within their respective towns, so soon after as they or any one of them shall receive such notice as aforesaid, to meet together and district such road, or to annex such parts thereof as shall run through their several towns, to the highway districts adjacent thereto, in the said towns respectively; and it shall be the further duty of the said commissioners and overseers of highways of the said towns respectively, to cause the said road to be opened, worked and improved, in the same manner as other public highways are directed by law to be opened, worked and impro ved. 4. And be it further enacted, That after the said road shall have been opened as aforesaid, if any person or persons shall close or obstruct the said road, or cause it to be done, such person or persons so offending shall for every day the said road shall remain so closed or obstructed, forfeit each the sum of five dollars, to be recovered with costs of suit in an action of debt in the name of any person who shall sue for the same, before any justice of the peace of the said county, and the penalty, when recovered, shall be paid to the commissioners of highways of the towns in which the offence shall have been committed, to be by them applied in improving the said road. CHAP. 257. AN ACT to amend the act, entitled "An Act for Draining the Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, rep- Contracts con resented in Senate and Assembly, That all contracts heretofore firmed made by the commissioners named in the act hereby amended, with any person or persons, for constructing the works at or near Jack's reefs, in virtue of or under said act, shall be, and the same are hereby confirmed and made effectual to all intents and purposes; notwithstanding such contracts was or were made without first giving the notice required by said act: Provided, That such person and Proviso persons do execute such other and further security for performing said contracts as the commissioners herein after named may require. ers 2. And be it further enacted, That David Thomas shall be the Engineers & engineer, who, together with John Jackway and Job Tyler, shall be commission commissioners to carry into effect and complete all and singular the objects intended in and by the act hereby amended, in place of the commissioners in said act appointed, with power to make such alterations or enlargement of the canal or drain at or near Jack's reefs, as they may deem necessary, and that no notice of letting out the work or labour occasioned by reason of such alterations or enlargement, shall be necessary. 3. And be it further enacted, That the commissioners named Their powers in this act, shall have and execute all the powers, and be subject to the same requirements and responsibilities of the commissioners named in the act hereby amended; and in case any vacancy shall occur in said commission, such vacancy shall be supplied as is specified in said act: and the said commissioners are hereby authorised to agree upon, liquidate and pay reasonable sums for damages done, or to be done, in carrying into effect this act and the act hereby amended Provided, That nothing herein contained, shall be con- Proviso strued to increase the appropriation made in and by the act hereby amended, either for the payment of the contracts by this act confirmed, or of any damages hereby authorised to be paid, and that no further or greater sum shall be paid by the state, than the sum of eighty thousand dollars, appropriated in and by the act hereby amended; and any charges or expenses incurred by this act shall be assessed upon the reclaimed lands and reimbursed in the same manner that all the other expenses of draining the said marshes are directed to be assessed and reimbursed by the sixth section of the act hereby amended. CHAP. 258, AN ACT for the Relief of Increase M. Hooker, John H. Hooker and Chellis Hooker. Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be the duty of the comptroller, with the advice and assistance of the attorney-general, to examine and audit the account of Increase M. Hooker, John H. Hooker and Chellis Hooker, for services done, and expenses incurred by them in defending two certain suits of ejectment brought against them on the demise of James Gorman and others, for lands held by them the said Increase M. Hooker, John H. Hooker and Chellis Hooker, as tenants under the people of this state; and it shall be the duty of the comptroller to credit such sum towards the payment of money now due or to become due to the people of this state from the said Hookers, or either of them, for said lands. CHAP. 259. AN ACT to authorise the Supervisor of the Town of Brooklyn to make a Conveyance of a certain piece of Land, in the said Town. Passed April 17, 1826. WHEREAS it has been represented to the legislature by petition of the town of Brooklyn, that they have agreed to exchange a piece of land hereinafter described, with Joseph Moser of the said town, house carpenter, for a certain other piece of land in the said town, and have prayed for authority to make conveyance of the same Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the supervisor of the town of Brooklyn, in the county of Kings, shail and may, by and with the consent of the overseers of the poor of said town, make a good and sufficient conveyance in fee simple, to the said Joseph Moser, his heirs and assigus, for all that certain lot, piece or parcel of land situated in the town of Brooklyn, bounded south-easterly by the road leading in front of the new alms-house of said town, south-westerly by land of the said Joseph Moser, and northwesterly by land of the said Joseph Moser, being a triangular piece of land, and containing on the south-easterly side thereon, two hundred and eighty-two feet; on the south-westerly side, one hundred and seventy-five feet; and on the north-easterly side one hundred and forty-seven feet, be the same more or less; and that such conveyance shall vest in the said Joseph Moser, his heirs and assigns, all the right and title in law and equity of the said town of Brooklyn, of, in and to the same. 1 |