CHAP. 260. AN ACT declaratory of the act, entitled "An Act to amend an act entitled an act concerning Mortgages," passed April 17, 1822. Passed April 17, 1826. WHEREAS doubts have arisen whether the above mentioned act applies to the register in and for the city and county of NewYork, in the same manner as to the clerks of the other counties of this state: Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said act was intended and the same is hereby declared, to apply to the said register, and not to the clerk of the said city and county of New-York: and that the said act shall, in all respects be so construed, that all mortgages and other instruments mentioned in the same, which heretofore have been or hereafter may be recorded, according to the provisions contained therein, by the said register, shall have the same force and effect as is by the said act given to such mortgages and other instruments, when recorded by the clerks of the respective counties of this state. CHAP. 261. AN ACT to amend the act entitled "An Act to establish a Turnpike Corporation to improve the Road from Rensselaerville to Greenfield." Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the president, directors and company of the Greenfield turnpike road, may, at their election, erect two half toll gates in lieu of the whole toll gate authorised to be erected by their charter, and that one of the said gates shall be located and placed where the whole toll gate is now erected and placed, and that the other half toll gate shall be located at some convenient place between the fourth and fifth mile stones on the said road. CHAP. 262. AN ACT for the Relief of the Devisees of Betsey Keith, or Kipp, deceased. Passed April 17, 1826. WHEREAS Betsey Keith, or Kipp, late of Saratoga Springs, single woman, died seized of certain real estate situate in the said town, without having any relative to inherit the same, and in and by her last will and testament devised the same to her executors in trust for the first class of the Methodist society of the said town, who are not a body corporate, and thus incapable of taking by the said devise: And whereas the said society have petitioned the legislature for relief in the premises: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the first class of the Methodist society of the town of Saratoga Springs, composed of James Davis, Hannah Davis, James De Graff, Huldah De Graff, Elizabeth Davis, Sarah Storey, Elishaba Curtis, Jemima Curtis, Polly Welch, Esther Ketchum, Margaret Miller, Elizabeth De Graff, Rhua Davis and Jane Rakins, or the survivors of them, shall be deemed and taken, and are hereby declared to be capable of taking and holding the trust or interest in said real estate devised or intended to be devised to them by Betsey Keith, or Kipp, deceased. 2. And be it further enacted, That the said persons composing the said society, or the survivors of them, shall have full power and authority to order the sale, or to make such other disposition of the said estate, as is directed in and by the last will and testament of the said Betsey Keith, or Kipp, deceased. CHAP. 263. AN ACT relative to the Ithaca Academy. Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the Ithaca academy, incorporated by an act, entitled "An act to incorporate the Ithaca academy," passed March twenty-fourth, eighteen hundred and twentythree, be placed under the care, and subject to the visitorial power of the regents of the university of this state, and be entitled to a proportionate part of the annual dividend of the literature fund: Provided, That the said corporation shall first comply with the rules adopted by the regents of the university relative to the incorporation of academies; and that so much of the act above recited as is repugnant to the provisions of this act, be and the same is hereby repealed. CHAP. 264. AN ACT to amend the Act, entitled "An Act to incorporate the Ogdensburgh Turnpike Road Company." Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the commissioners of highways of the several towns in the county of Jefferson, through which the Ogdensburgh turnpike road passes, shall lay out the said turnpike into road districts, and shall assess and apportion the labor and money on said road in the same manner as if said turnpike had been regularly laid out by the commissioners of highways: Provided, That nothing herein contained shall operate to discharge the said turnpike company from any liabilities which they may have heretofore incurred. 2. And be it further enacted, That the said Ogdensburgh turnpike road company shall be, and they are hereby released from all that section of the Ogdensburgh turnpike road within the county of Jefferson, and it shall not be lawful for said company to erect or keep up any gate on said turnpike road, within the said county of Jefferson. CHAP. 265. AN ACT to establish a Ferry across the Seneca Lake from Goodwin's Point, in the Town of Starkey and County of Yates, to Hector, in the County of Tompkins. Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, repre- J Starkey to sented in Senate and Assembly, That it shall and may be lawful for keep a ferry John Starkey, of the town of Starkey, in the county of Yates, his heirs and assigns, to set up and maintain a ferry across the Seneca lake from Goodwin's Point, in the town of Starkey and county of Yates, on the west side of said lake, to the town of Hector, in the county of Tompkins, on the east side of said lake, for and during the term of fifteen years from and after the passing of this act. 2. And be it further enacted, That the said John Starkey, his heirs and assigns, shall, if he shall set up a ferry by virtue of this act, keep, support and maintain for the accommodation of said ferry, during the term aforesaid, a good and sufficient ferry boat or boats, to be propelled with sufficient horse or steam power, capable of conveying two wagons and four horses, and at all reasonable times and seasons cause the said boat or boats to be well manned, to transport and ferry across said lake, carriages, persons, goods and chattels. Ferry boat 3. And be it further enacted, That if any person or persons Other ferries. shall, at any time or times after such ferry shall have been establish- prohibited ed by virtue of this act, set up, keep or maintain a ferry, or shall carry or transport any person or persons, carriages, goods, chattels, wares, merchandize or other thing, for pay, hire or otherwise, across said lake, within three miles north or south of the ferry hereby established, every such person shall forfeit and pay to the said John Starkey, his heirs or assigns, for every such offence, the sum of ten dollars, to be recovered in an action of debt, with costs of suit, in any court having cognizance thereof: Provided always, That no- Proviso thing herein contained shall be construed to preclude any person or persons from crossing or transporting his or their families, goods and chattels, in his, her or their own scow, boat or otherwise, free from all fees and charges whatever: And provided further, That Rates of fer riage Proviso Penalties &c nothing in this act contained shall be construed to affect the ferry 4. And be it further enacted, That it shall and may be lawful 5. And be it further enacted, That if the said John Starkey, his heirs and assigns, on the first day of July next, shall have neglected to establish and keep such ferry as is contemplated by this act, or to comply with every provision thereof, it shall and may be lawful for the court of common pleas of the said county of Yates to adjudge that all the privileges granted under and by virtue of this act, shall cease, and be void and of no effect; and from and after such adjudication, all such rights and privileges shall cease and be void, any thing in this act to the contrary notwithstanding. For neglect, 6. And be it further enacted, That after the said ferry shall be established by virtue of this act, the owners and keepers of the said ferry, or either of them, shall be liable to a penalty of ten dollars for wilfully neglecting or refusing, at all proper seasons and times, to transport or ferry any person or persons, his or their carriages, goods or chattels across the said lake, or for detaining any such person or persons, his or their goods or chattels, wilfully and unnecessarily, in crossing the said lake, to be sued for and recovered before any justice of the peace in the county of Yates or county of Tompkins, with costs of suit, one moiety whereof, when recovered, to be paid to the overseers of the poor where the same shall be recovered, and the other moiety to the person who will sue for the same: Provided, That no such penalty shall be recovered in case the wind or weather shall render the crossing of said lake dangerous or very difficult at the time complained of, nor shall it apply to cases of refusal Proviso ་ to transport or carry, or of detention caused by unavoidable accidents or casualties: And provided also, That the legislature may, at any time hereafter, alter, modify or repeal this act. CHAP. 266. AN ACT to incorporate the Bath and Sparta Turnpike Com pany. Passed April 17, 1826. created 1. BE it enacted by the People of the State of New-York, repre- Corporation sented in Senate and Assembly, That Dugald Cameron, John Magee, Paul C. Cook and Oliver D. Stacy, and such other persons as shall associate for the purpose of making a good and sufficient road from the village of Bath, in the county of Steuben, by Liberty Corners, to the village of Dansville, in the town of Sparta and county of Livingston, be and they are hereby created a body corporate and politic, by the name of "The Bath and Sparta Turnpike Compa- Style &c ny;" and they are hereby declared a body politic, in fact and in name, and by that name they and their successors shall and may have perpetual succession, and are hereby declared capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and also may make and use a common seal, and may alter the same at pleasure; and also they are hereby made capable in law of purchasing, holding and conveying any estate, real or personal: Provided, That such estate, real or personal, so Proviso to be purchased, held or conveyed, shall be necessary to fulfil the end and intent of said corporation, and shall be used for no other purpose whatsoever. 2. And be it further enacted, That the stock of said company Stock shall consist of eight hundred shares, of twenty dollars each; and that Dugald Cameron, Paul C. Cook and Oliver D. Stacy are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the act, entitled "An act relative turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven. 3. And be it further enacted, That the said company hereby Rates of toll incorporated shall be entitled to ask and receive at the turnpike gate or gates to be erected on said road, from all persons passing the same, the following rates of toll: for every cart or wagon drawn by two horses, mules or oxen, twelve and an half cents, for every additional horse, mule or ox attached to such cart or wagon, four cents; for every cart or wagon drawn by one horse, mule or ox, nine cents; for every horse and rider, six cents; for every horse led or driven, three cents; for every stage-wagon, chariot, coach or coachee, phaton, curricle, or other pleasure carriages drawn by two horses, twenty-five cents, and for every additional horse attached to such carriage, four cents; for every chaise, chair, sulkey or other pleasure carriage drawn by one horse, twelve and an half cents; for every sled or sleigh drawn by two horses, oxen or mules, twelve and an half cents, and for every additional horse, ox or mule, four cents; |