Additional? toll allowed Aprons Powers con ferred for making im CHAP. 96. AN ACT further to amend an Act entitled "An Act declaring the Neversink River a public Highway and for other purposes," passed April 16, 1816. Passed April 1, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the president and directors of the Neversink navigation company, to demand, collect and receive the following tolls not enumerated in the said act, to wit: on all lumber sawed less than one inch thick, the same tolls as allowed on inch boards; on field bed-stead post turned, four cents a set; on high posts, eight cents a set; all other kinds of turned lumber in like proportion, according to its weight and value; on all boxes, casks, sacks or packages of one yard square or less, twelve and a half cents, and so in proportion for a larger size; for every bushel of oats or buck wheat, one and a half cent; for every bushel of corn, rye or potatoes, two cents; for every bushel of wheat four cents; all other kind of produce in like proportion according to its weight and value; for every bushel of charcoal, one cent; for every bushel of stone coal, two cents; for all other property in like proportion according to its weight and value; the above mentioned tolls to be under the same rules and regulations as the tolls in the said act hereby amended. 2. And be it further enacted, That the aprons to all dams hereafter built on said river, shall not be on a descent of more than one foot in ten. 3. And be it further enacted, That for the purpose of making further improvements in the navigation of the said river, the said provements president, directors and company, shall hereafter have the same powers and privileges, so far as the same may be required, and be made under the same restrictions as are contained in the said act hereby amended; the fourteenth section of which being so construed, that it shall be considered as a new offence for each and every day that any obstruction, or other injury may remain after the first judgment may have been obtained: Provided, That nothing in this act shall apply or be construed to affect in any manner the rights and privileges heretofore granted to the Delaware and Hudson canal company. Proviso Public act, and may be repealed 4. And be it further enacted, That this act is declared to be a public act, and shall be favorably construed in all courts for every beneficial purpose herein contained. 5. And be it further enacted, That it shall and may be lawful for the legislature to alter, amend or repeal this act. CHAP. 97. AN ACT prescribing the times and places of holding the Courts of Common Pleas and General Sessions of the Peace in the County of Kings. Passed April 1, 1826. Flatbush and 1. BE it enacted by the People of the State of New-York, rep- Terms alter resented in Senate and Assembly, That hereafter there shall be nately at four terms of the courts of common pleas and general sessions of the Brooklyn peace, holden in and for the county of Kings, in each year, and that the said courts shall be held alternately at the court-house at Flatbush, and at the apprentices library in the village of Brooklyn, on the third Tuesday of April, July, October and January, in each year, and may continue and be held until, and including Saturday in the same week, and that the next term of the said courts shall be held on the third Tuesday of April next, at the court-house at Flatbush. returnable 2. And be it further enacted, That all writs and process issu- Writs how ing out of the said courts, shall be made returnable at the respective places herein before prescribed for the holding the said courts. CHAP. 98. AN ACT concerning Jurors in Justices' Courts in the several Passed April 1, 1826. certain cases BE it enacted by the People of the State of New-York, repre- Jurors in sented in Senate and Assembly, That all free male inhabitants, of courts in the several towns in the counties of Niagara, Erie, Chautauque, Cattaraugus, Allegany, Genesee, St. Lawrence, Jefferson, Lewis and Franklin, of the age of twenty-one years and upwards, who are in possession of lands, under a contract for the purchase of the same, and are worth the sum of one hundred and fifty dollars, in personal property, or have made improvements on, or payments for said lands to that amount, shall be good and sufficient jurors, in all courts to be holden before any justice or justices of the peace, in and for the counties aforesaid. CHAP. 99. AN ACT for the Relief of Isaac Patchin. Passed April 1, 1826. to I Patchin BE it enacted by the People of the State of New-York, repre- Comptroller sented in Senate and Assembly, That the treasurer on the war- to pay $210 rant of the comptroller, is authorised and required to pay to Isaac Patchin, the sum of two hundred and ten dollars, out of any money in the treasury not otherwise appropriated, in full of his pay as a soldier, serving in colonel Peter Zeile's regiment; the said Isaac, having been taken prisoner by the enemies of the United States in the revolutionary war, on the seventh day of April, one thousand seven hundred and eighty, and continued a prisoner in Canada to the twenty-eighth day of November, one thousand seven hundred and eighty-two, for which he has heretofore received no compensation from this state, or the United States. Commission office to settle claims of M Austin CHAP. 100. AN ACT for the Relief of Moses Austin. Passed April 1, 1826. BE it enacted by the People of the State of New-York, repreers of land- sented in Senate and Assembly, That it shall be lawful for the commissioners of the land-office, to extinguish and settle the claim of Moses Austin against this state, for the failure of the title to lot number seventy-seven, in the Greene county tract, in the manner directed in the sixth section of the act, entitled "an act concerning the commissioners of the land-office, and the sale of the unappropriated lands," passed April 6, 1813. Authorised to appropriate funds to ap prentices' ibrary Directors & ibrarian By-laws Proviso Act continu'd CHAP. 101. AN ACT entitled "An Act in addition to an act to incorporate the Catskill Mechanical Society," passed February 27, 1807. Passed April 1, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the Catskill mechanical society be, and they are hereby authorised and empowered to appropriate from time to time, such part of their funds for the establishment and support of an apprentices' library as a majority of the members of said society at any stated meeting may deem expe dient. 2. And be it further enacted, That the said society may ap point at the annual meetings, so many directors from their own number and from the citizens of the village of Catskill, to superintend the concerns of the said library as they or a majority may think necessary, and shall also appoint a librarian and clerk who shall hold their offices one year, and until others are appointed in their respective places. 3. And be it further enacted, That the said society may adopt such by-laws, rules and regulations for the government of said library, impose such fines and penalties for damage done to, or not returning books within the times specified by the by-laws as they may deem proper: Provided, That no fine or penalty shall in any case exceed the cost of such book. 4. And be it further enacted, That the act entitled "an act to incorporate the Catskill Mechanical Society" be, and the same is hereby continued in force twenty years from and after the second Tuesday in April next. 5. And be it further enacted, That it shall and may be lawful for Right to re the legislature at any time hereafter, to alter, amend or repeal this real reserved act. CHAP. 102. AN ACT to amend the act, entitled "an Act to annex the north part of the Town of Avon in the County of Livingston, to the Town of Rush in the County of Monroe." Passed April 1, 1826. Commission ers 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That John Dickson of the vilTage of Rochester, in the county of Monroe, and Robert McKay of the town of Caledonia, in the county of Livingston, shall be and they are hereby appointed commissioners, whose duty it shall be to meet together on the fourth day of May next, at the house of Wil- When tomeet liam T. Hosmer, in the town of Avon, in the county of Livingston, or at such time within thirty days thereafter, as they may agree upon, and then and there to examine and ascertain whether any, and if any, what sum of money was due, and owing or charged upon the said town of Avon, for the support of the poor of the said town of Avon, at the time fixed in the said act hereby amended, for the apportionment of the poor thereof, and which remained thereupon unprovided for by tax or otherwise, and if the said commissioners, shall upon such examination find any such sum of money due and owing, it shall be their duty to apportion the same between the two To apportion parts of the said towns of Avon and Rush, separated by the said poor money act according to the tax list of the said town of Avon of the then next preceding year, so that each shall bear its equal part thereof, in the same manner as if the said act had not been passed. of commis 2. And be it further enacted, That it shall be the further duty Further duty of the said commissioners to enquire whether the poor of the said town sioners of Avon were so situated at the time fixed for the apportionment thereof, that the said poor or the burthen of supporting the same could be equally and equitably made, and if they shall on examining find that they were so situated, that an equitable apportionment could not have been made, and was not in their estimation so made, it shall be the duty of the said commissioners to make such equitable allowance to either part of the said town of Avon at the time aforesaid, as under all the circumstances of the case they shall think just and proper; and if the said commissioners shall, under and by virtue of the provision of this act, find any sum of money due to the said town of Avon or the town of Rush, they shall make duplicate certificates Certificates under their hands and seals, certifying the amount thereof, and shall deliver one copy thereof to the overseers of each of the said towns, and for which services they shall be paid at the rate of three dollars per day, to be paid equally by the said overseers of the said two towns, and which they may respectively retain out of the poor mouey of the respective towns. & c 82 be delivered Certificate to 3. And be it further enacted, That if the overseers of the poor to supervisor, of the said town of Avon or the town of Rush, shall deliver to the and his duty supervisor of the town of Avon or of the town of Rush, as the case copy of may be, a copy of one of the said certificates and a certified the said tax list, it shall be his duty to lay the same before the board of supervisors of the said county of Monroe or the county of Livingston, as the case may be, at their next annual meeting, and it shall be the duty of the said supervisors at such meeting to cause such sum as shall be mentioned in such certificate, to be levied on the inhabitants or property of that part of the said town of Rush annexed thereto by the act hereby amended, or of the town of Avon according to the said tax list, and to cause the same to be placed in a separate column in their warrant to the collector of the said town Collector and of Rush, and that it shall be the duty of the said collector to collect the same and pay it over to the treasurer of the said county of Monroe, or to the treasurer of the county of Livingston as the case may be, whose duty it shall be to pay the same when it shall be so collected and paid to him, to the overseers of the poor of the said town of Avon or of the town of Rush. treasurer No suit to be affected 4. And be it further enacted, That nothing in the said act hereby amended, shall be construed to affect any suit or action depending, or judgment rendered in any court, or before any magistrate in the said county of Livingston, on the first day of April, one thousand eight hundred and twenty-five, so as to work a wrong or to prejudice the parties therein, but all such suits, actions and civil proceedings shall and may be prosecuted to trial, judgment and execution; and all such judgments enforced as if this act had not been passed, and this act shall be construed to take effect and relate back to the time of the passing of the said act so as to stay all proceedings had in any such suit, or upon any suit, judgment or execution as far forth as relates to the jurisdiction of any such court or magistrate, as it existed on the said first day of April last past. CHAP. 103. AN ACT to carry into effect the Provisions of an act for the Relief of the Trustees of St. Lawrence Academy, passed April 9, 1825. Passed April 1, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That whenever the trustees of St. Lawrence Academy, shall shew to the satisfaction of the comptroller, that they have erected on ground owned by them, in fee and free from incumbrance, a substantial brick or stone building, of the value of three thousand dollars, or a building partly of brick and partly of stone, of like value; there shall be paid by the treasurer, on the warrant of the comptroller, to said trustees or their treasurer, the sum of twenty-five hundred dollars for the use of said institution, which said sum of money is hereby declared to be an advance for and in lieu of the sum of twenty-five hundred dollars, mentioned in the act, entitled "an act for the relief of the trustees of St. |