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being sued, pleading and being impleaded, in all courts and places whatsoever, in all manner of action and actions, suits, matters, causes and complaints whatsoever; and that they and their successors may have a common scal, and may change and alter the same at pleasure; and also, that they and their successors, by the name of "the Hamilton baptist missionary society, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of said society: Provided always, that such real and Proviso. sonal estate shall not at any time exceed the annual value of two thousand dollars.

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II. And be it further enacted, That for the better carrying into execution the objects of the said society, the officers of the same shall consist of eleven directors, to wit: a president, secretary, Directors treasurer and eight other directors, who shall hold their offices for be chosen. one year, or until others are chosen in their stead, and shall be elected on the second Tuesday in September, in each year, or at such other time and at such place as the corporation shall from time to time appoint; and that every such election shall be by ballot, by a majority of the members present at every such meeting.

III. And be it further enacted, That the following persons shall be the first directors of the said society, to wit: John Peck first presi- First Dire dent, John Lawton first secretary, Daniel Lathrop first treasurer, ors, and Joseph Coley. Nathan Baker, John Keep, Thomas Cox, Samuel Torrey, Joseph Card, Alfred Bennet and Samuel Payne other directors of said society, all of which said directors shall hold their offices respectively until the second Tuesday of next September, or until others shall be chosen in their stead.

IV. And be it further enacted, That at every meeting of the di- Quorum. rectors of the said society, when six directors are met, they shall be a quorum for transacting any business concerning said society which may come before them, or may adjourn from time to time, as circumstances may require.

V. And be it further enacted, That the said corporation and their successors shall have full power to make, constitute, ordain and establish such by-laws, rules and regulations, as they from time to By-laws. time shall judge proper, for the management, well being and regulating the said society: Provided always, that no regulation shall be made in any wise to control the religious principles, or affect the rights of conscience of any person whatsoever: And provided further, that such by-laws, rules and regulations, be not repugnant to the constitution and laws of the United States, or of this state.

VI. And be it further enacted, That this act, be and is hereby declared to be a public act, and that the same be construed in all courts and places beniguly and favorably for every purpose therein intended.

Proviso.

A publie act

VII. And be it further enacted, That this act shall be and re- Duration. main in full force and virtue for the term of twenty-five years: Provided nevertheless, that if the said society shall appropriate their Proviso. funds, or any part thereof to any purpose or purposes other than those intended aud contemplated by this act, or shall at any time pass any law or regulation affecting the rights of conscience, that thenceforth the said corporation shall cease and be void: And provided further, That nothing herein contained shall be construed to

prevent the legislature, at any time in their discretion within the said period, from altering or repealing this act.

CHAP. CXXIX.

AN ACT declaring certain waters in Sullivan county public high

ways.

Passed March 28, 1817.

I BE it enacted by the people of the State of New York, represented in Senate and Assembly, That the stream of water, situate in the county of Sudivan, in this state, and usually called the Beaverkill, shall, from and after the passing of this act, be a public highway, from the Delaware river and up the same to the intersection of the Willewemack and little Beaverkill: Provided, that the owners of the adjoining lands may erect mills or other waterworks, store houses or docks, on the said waters, so that the same shall not obstruct the navigation thereof: And provided fu ther, that nothing herein contained shall be construed to abridge any pre-existing private rights.

II. And be it further enacted, That if any person shall hereafter obstruct the navigation of the said highway, every such offender shall forfeit, for each offence, the sum of five dollars; and for the continuance of such obstruction for every twenty-four hours, one dollar, to be recovered, with costs of suit, by action of debt, by any person who will sue for the same, before any justice of the peace, for the use of the poor of the town where the offence shall be committed; and every such offender shall also be deemed guilty of a misdemeanor, and may be prosecuted by indictment, and on convic tion may be imprisoned not to exceed sixty days.

Bounds of
Lyme.

CHAP. CXXX.

AN ACT to divide the town of Brownville, in the county of Jef

ferson.

Passed March 28, 1817.

I. BE it enacted by the people of the state of New York, represented in senate and assembly, That from and after the passing of this act, all that part of the town of Brownville, in the county of Jefferson, lying within the boundaries following, that is to say: beginning upon a line in the centre of French or Dumas creek, where the west line of Penet's square intersects the same; thence south along the west line of said Penet's square, to the southwest corner thereof; thence along the northeasterly out line of lot number four hundred and fifty-five in great lot number four of Macomb's purchase, to the easternmost corner thereof; thence along the southeasterly out line of said lot number four hundred and fifty-five, to the northeasterly out line of lot number three hundred and thirty-nine, thence along the same to the easternmost corner thereof; thence southwesterly along the southeasterly out line of said lot number three hup

dred and thirty-nine, and of lots number three hundred and forty, three hundred and fifty-eight, three hundred and fifty nine, four hundred and forty-seven, and four hundred and forty-six, all in said great lot number four, to the southeasternmost corner of said lot number four hundred and forty-six; thence northwesterly along the southeasterly out line thereof, to an arm of Chaumont by; thence through the waters of said bay to the waters of lake Ontario; thence through the waters of said lake to the river St. Lawrence; thence down the same to the mouth of French or Dumas creek; thence up the same to the place of beginning; including within said line Cherry island, the peninsula, Fox island, Grenadier island, Carlton island, and such other small islands between Carlton island and French creek aforesaid, as are now known to be within the limits of the United States, shall be and the same is hereby erected into a separate town, by the name of Lyme; and that the first town meeting of the said town of Lyme shall be held at the dwelling house of Luther Britton, in said town.

II. And be it further enacted, That the remaining part of the town of Brownville shall be and remain a separate town, by the name of Brownville; and that the next town meeting shall be held at the place to which the last town meeting of the town of Brownville was adjourned.

Brownville;

III. And be it further enacted, That as soon as may be, after the first Tuesday of April next, the supervisors and overseers of the Poor & mon poor of the towns of Brownville and Lyme, aforesaid, shall, by no- ey to be de tice to be given by the supervisors of the towns of Brownville and vided. Lyme aforesaid, for that purpose, meet together and apportion the poor maintained by the said town of Brownville, previous to the division thereof; and also to divide all money which is or may be in the hands of the overseers of the poor, in an equitable manner; and if the supervisors and overseers of the poor cannot agree upon such equitable division, then the supervisors of the county, at their next annual meeting, shall apportion the poor and money belonging to the said town of Brownville, between the said towns, and each town shall thereafter support its own poor.

CHAP. CXXXI.

AN ACT for the relief of the trustees of the Presbyterian church in Newtown, in Queens county.

Passed March 28, 1817.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the trustees of the Presbyterian church in Newtown, in the county of Queens, and their successors in office, be and they are hereby authorised and empowered to sell and dispose of the whole or any part of the real property, lately purchased by them at public auction, whenever the congregation of said church shall, by a majority of votes, in legal meeting assembled, request such sale to be made; and with the proceeds of such sale to purchase other property, or to place the said proceeds at interest, secured by bond and mortgage, or to invest the same, with all other

monies which they may have in their hands, belonging to the said church, in bank stock, or in the funded debt of this state or of the United States.

II. And be it further enacted, That it shall be lawful for the said trustees, and they are hereby empowered, to apply the fund arising from the sale of the real estate, which they were authorised to dispose of by an act, entitled "an act authorising the trustees of the Presbyterian church in Newtown, in Queens county, to dispose of the real estate therein mentioned," passed March 8th, 1811, or so much of said fund as shall be necessary to the payment of the debt said trustees have contracted by the purchase of the real estate mentioned in the preceding section, any thing in the aforesaid act to the contrary notwithstanding.

CHAP. CXXXII.

AN ACT for the relief of Frederick Wentworth.

Passed March 28, 1817.

WHEREAS Frederick Wentworth, a collector in the town of Woodstock, in Ulster county, by reason of severe sickness in his family, has not been able to make his returns to the treasurer of said county, agreeable to an act for the assessment and collection of taxes: Therefore,

BE it enacted by the people of the state of New-York, represented in senate and assembly, That the said collector is hereby authorised to make his returns to the said treasurer agreeable to the said act; and the oath required by the said act to be administered to collectors, may be administered to the said collector in the same manner as if the said returns had been made within the time required by the said act.

Preamble.

CHAP. CXXXIII.

AN ACT to authorise the directors of the New-York society of St.
John to alienate their real estate.

Passed March 28, 1817. WHEREAS certain persons, associated u der the name and style of "the New-York society of St. John," did, on the first day of November, in the year of our Lord one thousand eight hundred and two, purchase a lot of land in the city of New-York, on which they erected a building, and vested the said lot and building in certain persons, as trustees, to manage the same, which trustees were denominated "the directors of the New-York society of St. John:" and whereas it is represented to the legislature, by the trustees or directors of the said society, that it is not only inconvenient to manage its affairs under the present deed or trust, but that the said property is little productive to the stockholdeas many of whom are widows and orphan children; and that it will be more beneficial for all persons

interested therein to sell the said lot and the building erected thereon, and to close its concerns: Therefore,

May sell lot,

1. Be it enacted by the people of the State of New-York, represented in senate and assembly, That John Harrison, Benjamin Prince, John Hyslop, William L. Mott, George McKay, Thomas Richards, Cornelius Bogert, James Dobbin and Jacob Schieffelin, &c. at present trustees or directors of the New-York society of St. John, or the survivors of them, shall be and are hereby authorised and empowered to grant, bargain and sell all that certain lot, and the building erected thereon, situated in the city of New-York, and now held by the said directors in trust as aforesaid, for the highest price and upon the best terms in their power to obtain; and that the before named persons, or the survivors of them, may execute good and sufficient deeds and conveyances in the law, to the purchaser or purchasers thereof, and hereby are authorised to take a mortgage for such part of the consideration money as may remain unpaid at such time or times as they may deem most beneficial for the persons interested therein; and the before named directors, or the survivors of them, shall, from the proceeds of such sale, pay all the debts due and owing by the said society, and after deducting their reasonable costs and charges, shall allow and pay to the stockholders or persons interested in the said property, their respective, equal and full portions as soon as the proceeds of such sale shall be received by them. II. And be it further enacted, That if any of the said stockholders shall be absent or dead, and their legal representatives unknown, Certain ma that the before named directors, or the survivors of them, shall pay deposited. over the portion which such person or persons, so absent or dead, is or are entitled unto, into the hands of the chamberlain of the city of New-York, for the use of the persons entitled thereto; but no interest shall be paid thereon by the said chamberlain, or by the corporation of the said city; and if no application shall be made for the same in ten years after such payment, the same shall be applied to the use of the poor of the said city.

III. And be it further enacted, That the before named directors shall, before they grant, bargain and sell the said lot and the

nies where

buildings thereon erected, enter into a bond, in such sum and with Security to

such sureties as may be judged sufficient by the mayor and record-be given, er of the city of New-York, conditioned for the faithful distribution

of the monies, arising from such sale, among the several stockholders or their representatives interested and holding shares therein.

CHAP. CXXXIV.

AN ACT to amend the act incorporating the Neversink turnpike road company, and for altering the name and style of the said company.

Passed March 28, 1817.

WHEREAS it has become highly expedient, that the road be tween Hudson's river and the territory within this state, lying north Preamble. of the state of Pennsylvania, and heretofore intended to be opened

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