state; and this act shall be deemed a public act, and be construed favorably according to the letter of this act. IX. And be it further enacted, That after the expiration of nine Court may years from the passing of this act, it shall be lawful for the court of reduce toil common pleas for the county of Oswego, from time to time, to reduce the aforesaid tolls; and that after such reduction, it shall not be lawful for the said corporation to receive any more toll than what the said court of common pleas shall have determined as the proper reduced toll of said bridge. CHAP. CXV. AN ACT organizing the county of Cattaraugus. Passed March 28, 1817. I. BE it enacted by the people of the state of New-York, repre- Privileges: sented in senate and assembly, That the freeholders and inhabitants of the county of Cattaraugus, shall have and enjoy all the rights, powers and privileges which the freeholders and inhabitants of any other county in this state are by law entitled to have and enjoy. May hold II. And be it further enacted, That there shall be held, in and for the said county of Cattaraugus, a court of common pleas and gen- courts. eral sessions of the peace, and that there shall be three terms of the said courts in every year, to begin and end as follows, that is to say: the first term of the said courts shall begin on the first Tuesday of July in every year, and may continue to be held unto the Saturday following, inclusive; the second term of the said courts shall begin on the first Tuesday of November in every year, and may continue to be held unto the Saturday following, inclusive; and the third term of the said courts shall begin on the last Tuesday of February in every year, and may continue to be held unto the Saturday following, inclusive. III. And be it further enacted, That the courts of common pleas and general sessions of the peace, be holden at some convenient place, from time to time to be appointed for that purpose by the Prisoners judges for the time being; and that the prisoners of the county of where con Cattaraugus be confined in the gaol of the county of Allegany, until further legislative aid in the premises. IV. And be it further enacted, That no circuit court or court of oyer and terminer and general gaol delivery, shall be held in and for the said county until the same shall, in the opinion of the justices of the supreme court, become necessary. V. And be it further enacted, That all taxes, heretofore assessed within the county bereby organized, shall be recovered in like manner as if this act had not been passed. fined. VI. And be it further enacted, That until the holding of the first Deeds how term of the court of common pleas of the said county of Cattaraugus, recorded. all deeds,mortgages and other conveyances or writings, relating to real property situate in the said county, shall be recorded in like manner as if this act had not been passed; and from and after the holding of such first term, all deeds, conveyances and writings, whereby the Congressiou. al district. Suits commenced. right or title to any land or tenements, situated in the said county, may be affected either in law or in equity, shall be acknowledged or proved and recorded in the clerk's office of the said county, according to the provisions of the act, entitled "an act concerning the proof of deeds and conveyances." VII. And be it further enacted, That the said county of Cattaraugus shall continue and remain a part of the twenty-first congressional district in this state. VIII. And be it further enacted, That nothing in this act contained shall be construed to affect any suit or action already commenced, or that shall be commenced before the holding of the first term of the courts of common pleas and general sessions of the peace in and for the county hereby organized, so as to work a prejudice to any of the parties therein, or to affect any criminal or other proceedings on the part of the people of this state, but all such civil or criminal proceedings shall and may be prosecuted to trial, judgment and execution, in like manner as if this act had not been passed. CHAP. CXVI. AN ACT to revive the act, entitled" an act to incorporate the Warwick and Minisink turnpike company, and to extend the time for completing the road therein mentioned. Passed March 28, 1817. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the act, entitled "an act to incorporate the Warwick and Minisink turnpike company, passed on the second day of March, in the year one thousand eight hundred and ten, be and the same is hereby revived, from and alter the passing of this act, with the same force and effect as if the said act of incorporation was now passed: And further, That the president and directors of the said corporation, hereby revived, shall have time until the second day of December, one thousand eight hundred and twenty, to complete the road mentioned in the said act: And further, That the directors last elected by the said company, shall continue to be the directors thereof until others be chosen in their stead, pursuant to the directions of the act relative to turnpike companies. CHAP. CXVII. AN ACT to amend the third section of an act relative to turnpike companies, and to revive an act to incorporate the Walton and Franklin turnpike road company, passed March 23, 1810. Passed March 28, 1817. I. BE it enacted by the people of the state of New-York, repre sented in senate and assembly, That the appraisers to be appointed for the purpose of appraising the damages, agreeable to the third to be ap section of an act relative to turnpike companies, passed the 13th Appraisers March, 1807, shall, from and after the passing of this act, be appoint pointed. ed by the judges of the court of common pleas of the county, in open court, and upon the written application or petition of the owner or owners of lands taken or used for any turnpike road; And further, That in case any such owners of lands shall neglect to make such application at the next court of common pleas, to be holden in the county where they reside, next after being requested so to do by the directors of any turnpike, that then it shall be lawful for the court, in open court as aforesaid, to appoint such appraisers upon the written application or petition of such directors: Provided always, That no such turnpike company shall be hindered or prevented from Proviso. working and improving such turnpike road, while such application before such court as aforesaid, is pending. II. And be it further enacted, That the act, entitled "an act to Act revived, incorporate the Walton and Franklin turnpike company," passed March 23d, 1810, be and the same is hereby revived, with all and singular its provisions and restrictions; and that the said company shall have five years to make and complete the said road, from and after the passing of this act. CHAP. CXVIII. AN ACT to amend the act, entitled "an act to incorporate the Schoharie and Cobleskill bridge company," passed March 28th, 1805. Passed March 28, 1817. WHEREAS it is represented that the bridge, erected by the said company over the Schoharie creek, is partly broken down, and the part, still standing, in such a state of decay, as to be entirely impassable; and that the rate of toll heretofore received, and the unexpired term of the said act of incorporation, will not justify the petitioners to rebuild the said bridge, as it would be attended with a sacrifice of property, unless there should be an increase of toll and an extension of the charter of said company. Therefore, Preamble. Grant ex I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the term of twenty-five years, tended. mentioned in the first enacting clause of the act hereby amended, shall be and the same is hereby continued and extended until the twenty-eighth day of March, one thousand eight hundred and sixtyone, any thing in the said clause hereby amended to the contrary notwithstanding. II. And be it further enacted, That it shall and may be lawful for the said president and directors to demand and take, for the use of the said corporation, the following toll, in addition to the rates of toll specified in the ninth section of the act hereby amended, that is to say: lor every one horse sleigh, the addition of one cent; for every sled, drawn by two oxen, the addition of two cents; for every man and horse, the addition of one cent; and that it shall and may be lawful for the said president and directors to demand and take, Tolle President's duty. Provisos repealed. for the use of the said corporation, a toll, not exceeding eight cents, for every one horse waggon, and four and an half cents for every additional horse. III. And be it further enacted, That after the passing of this act, the president of the said company shall open a book and receive the subscriptions of said company; and shall give notice for that purpose, in the newspaper printed by the printer to this state, at least four weeks successively; and every person holding stock in said company, who shall not, within four weeks after the insertion of said notice in said paper, and a copy thereof put up on the court house door, in the said town of Schoharie, for the said term of four weeks, subscribe to the amount of stock holden by him or her, shall be deemed to have forfeited the whole of his or her stock, or so much thereof as remains unsubscribed for, for the benefit of said company IV. And be it further enacted, That the proviso in the ninth section of the act, entitled "an act to incorporate the Schoharie and Cobleskill bridge company," passed March 28th, 1805, and the act, entitled "an act to amend the act, entitled "an act to incorporate the Schoharie and Cobleskill bridge company," passed 12th April, 1816, be and the same are hereby repealed. Freeable. fate. CHAP. CXIX. AN ACT to incorporate the Clinton grammar school. WHEREAS Salmon Butler and others have, by their petition, represented to the legislature, that they have associated together and erected a building in the town of Paris and county of Oneida, for the use of a grammar school, and have prayed for an act of incorporation-Therefore, I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That Asahel S. Norton, Joel BrisBady corpo- tol, Jesse Curtis, Seth Hastings, junior, and Isaac Williams, and their successors in office, be and they are hereby constituted and declared to be a body politic and corporate, in fact and in name, by the name of the trustees of the Clinton grammar school, and by that name they and their successors shall and may forever hereafter have continual succession, and be capable in law of suing and being sued, impleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits and causes whatsoever; and may have a common seal, and change the same at pleasure; and may hold, receive, purchase, have and possess real and personal estate, and at pleasure sell and dispose of the same, for the sole and only use of the said grammar school. Seal. II. And be it further enacted, That there shall be five trustees to Five trustees manage the concerns of said corporation, any three of whom shall be a quorum for the transaction of business; and that the five persons last aforesaid named, shall continue trustees until others are how filled. chosen in their stead; and that when any vacancy or vacancies shall Vacancies happen in the office of trustees, by death, resignation or removal from the town of Paris aforesaid, such vacancy or vacancies shall be supplied by appointment of some person or persons residing in said town, under the hands of the remaining trustees and their corporate seal. Their duties III. And be it further enacted, That the said trustees and their successors shall have power to appoint such and so many officers, instructors and agents, as they, or a majority of them, may think proper, for the conducting and managing the school, property and concerns of the said corporation, and to make all such by-laws, rules and regulations as they or a majority of them may think proper for the well ordering of the same, and for the election of trustees, by the persons who have contributed, or may contribute, towards the funds and property of said corporation: Provided however, That such by- Previse. laws, rules and regulations, shall not be inconsistent with the intent of this act, the constitution and laws of this state or of the United States: And provided further, That the legislature may, at any time, add to, alter and amend the provisions of this act. CHAP. CXX. AN ACT for the relief of David Ambler. Passed March 28, 1817. WHEREAS it is represented to the legislature, that David Ambler, on the twenty-sixth day of January, in the year one thousand eight hundred and four, paid into the treasury of this state seven dollars and fifty-one cents; and on the ninth day of July, one thousand eight hundred and ten, thirty dollars, as interest of the purchase on lot number forty, in the first allotment of New-Petersburgh; and by mistake the said sums were credited on lot number forty, in the Oneida reservation: Therefore, BE it enacted by the people of the State of New-York, represented in senate and assembly, That the comptroller of this state be authorised to transfer the said sums to the credit of interest on said lot number forty, in New-Petersburgh, and to debit the said sums to the said lot in the Oneida reservation, as of the respective times the said sums were paid; and that the comptroller give notice thereof to the trustees of Hamilton college, to whom the bond and mortgage for the purchase money of the said lot number forty, in the Oneida reservation, has been assigned, to the end that said sums may be collected thereon by them for the use of the said college. CHAP. CXXI. AN ACT to incorporate the Homer and Elbridge turnpike road company. Passed March 28, 1817. I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That Daniel Kellogg, John Legg, Associates. |