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Kortright's patent; thence westerly on the line of said lots to the Goldsborough patent; thence in a direct line to the northeast corner of the town of Meredith; thence along the northerly line of Meredith to the easterly line of Franklin; thence northerly along said line to the Susquehannah river; thence up the said river to the north of Charlotte river; thence up the same to the place of beginuing, shall be and hereby is erected into a separate town by the name of Daveu- T port; and that the first town meeting shall be held at the house of Town meetthe widow Sigsbie, on the second Tuesday of April next, and on the first Tuesday of April in each year thereafter, in said town; and that the remaining parts of the said towns of Kortright and Maryland, shall be and remain separate towns by the names of Kortright and Maryland.

ings.

To divide poor. & mon

II. And be it further enacted, That as soon as may be after the first town mecting, the supervisors and overseers of the poor of said ey. towns respectively, on notice being given for that purpose, shall meet together and apportion the money and poor belonging to said towns of Kortright and Maryland, previous to the division thereof, agreeable to the last tax lists; and that each of the said towns shall forever thereafter respectively maintain and support their own poor.

III. And be it further enacted, That the aforesaid town of Davenport shall belong to and be a part of the county of Delaware.

A part of
Delaware co.

CHAP. CXLI.

AN ACT directing a sum of money to be raised by a lottery to open the middle ground and improve the ferry between the city of Hudson and village of Athens.

Passed March 31, 1817.

WHEREAS opening the middle ground between the city of Hudson and village of Athens, would be of great public utility in facilitating the passage across the river at those places, and the intercourse between the eastern and western sections of the country: and whereas the corporations of Hudson and Athens have, by their petition to the legislature, prayed that a sum of money may be raised by lottery to effect the salutary object aforesaid, and the legislature always willing to extend their munificence to such laudable improvements-Therefore,

BE it enacted by the people of the state of New-York, represen ted in senate and assembly, That the managers appointed under the act instituting a lottery for the promotion of literature and for other purpo es, passed April 13, 1814, be and they are hereby directed and required to raise the further sum of ten thousand dollars, with interest thereon, in equal proportion, in the four first classes of the lottery constituted in and by the said act; and when so raised, to pay the same over to the corporations of the city of Hudson and village of Athens, for the purposes herein mentioned.

Associates.

Route

Style.

Powers.

Proviso.

Commission..

CHAP. CXLII.

AN ACT to incorporate the Fishkill mountain turnpike company.
Passed March 31, 1817.

1. BE it enacted by the People of the state of New-York, representel in Senate and Assembly, That Thomas Lawrence, Lewis Ludinton, Henry Dubois, James Towner and Peter Berry, and all such persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at the corner of a road near the dwelling house of Jonathan Squires, of the town of Patterson, in the county of Putnam, and running from thence westwardly, crossing the Philipstown turnpike at or near the dwelling house of Hezekiah Pecks, and from thence to or near the dwelling house of Jacob I. Adriance of the town of Fishkill, in the county of Dutchess, be and they are hereby created a body corporate and politic, in fact and in name, by the name and style of "the Fishkill mountain turnpike company,' and by that name and style they and their successors shall have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatever, and in all manner of suits, actions, complaints, causes and matters whatsoever; and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the corporation: Provided, that such estate, so to be purchased and held, shall be necessary to fulfil the objects of the said incorporation, and for no other purpose whatsoever.

II. And be it further enacted, That the stock of the said comAmount of pany shall consist of three hundred and fifty shares, of twenty five stock. dollars each; and that Thomas Lawrence, Peter Berry and Elisha ers to receive Brown, be and they are hereby appointed commissioners to receive subscriptions subscriptions for said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies," passed the 13th day of March, 1807.

Tolls.

III. And be it further enacted, That the said company hereby incorporated, shall be entitled to exact and receive, at each of the gates or turnpikes to be erected on said road, for any number of miles not less than ten in length of said road, the following sums of money, and so in proportion for any greater or less distance, from all persons using or travelling the same: for every waggon or cart drawn by two horses, mules or oxen, twelve and an half cents, for every additional horse, mule or ox attached to such waggon or cart, three cents; for every cart or other carriage drawn by one horse, mule or ox, nine cents, and for every additional horse, mule or ox attached such cart or carriage, three cents; for every horse and rider, six cents; for every horse led or driven, three cents; for every stage, waggon or chariot, coach or coachee, phaeton, curricle or other pleasure carriage, drawn by two horses, twenty-five cents, and and for every additional horse attached to such carriage, three cents; for every chaise, chair, sulkey or other pleasure carriage drawn by one horse, fifteen cents, and in like proportion for every additional horse; for every sled or sleigh drawn by two horses, exen or

mules, six cents, and for every additional horse, ox or mule, two cents; for every sleigh or sled drawn by one horse, ox or mule, four cents; for every score of cattle, horses or mules, twenty-five cents; and for every score of hogs or sheep, twelve and an half cents, and so in proportion for a greater or less number.

Five Diree

IV. And be it further enacted, That the number of directors for the said company shall be five, three of whom shall be a quo- to. rum; and the company hereby created and incorporated, shall enjoy all the rights and privileges, and be subject to all the pains and penalties, contained and expressed in the aforesaid act, relative to turnpike companies, only as it respects the chord of the arch of said Chord of the road, which shall be not less than twenty feet wide, independent of twenty-five the ditches, any thing in the said act relative to turnpike companies feet. to the contrary notwithstanding.

arch to be

CHAP. CXLIII.

AN ACT concerning certain Indians residing within this state.
Passed April 5, 1817.

Be it enacted by the people of the state of New-York, represented in senate and assembly, That it shall not be lawful for any white person, under any pretence, or on any account whatever, to receive from any Indian, residing on a tract of land belonging to or occupied by the Mohekonnnic or Stockbridge Indians, or on the reservation lands of the Oneida or Brothertown Indians, any article or articles whatsoever, by way of pawn or pledge; and that every person who shall receive such pawn or pledge, shall forfeit the sum of twenty dollars, to be recovered in an action of debt, in the name of the Indian from whom he shall have received such pawn or pledge, in any court having cognizance thereof, with costs: and that every such pledge or pawn, or the value thereof, shall also be recoverable, with costs, by the Indian from whom the same shall have been received, in an action of replevin or trover, at his elec tion.

CHAP. CXLIV.

AN ACT to repeal an act, entitled “ an act to amend the act, entitled" an act to regulate sales by public auction, and to prevent stockjobbing."

Passed April 5, 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 amend the act, entitled "an act to regulate sales by public auction, and to prevent stockjobbing," passed the 12th November, 1816, be and the same is hereby repealed.

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Preamble.

monies may

CHAP. CXLV.

AN ACT respecting the free school society of New-York.
Passed April 5, 1817.

WIIEREAS the trustees of the free school society of NewYork, have by their petition to the legislature solicited certain alterations in the act incorporating the said society, and also that the application of their portion of the school monies may be extended : Therefore,

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the subscription or contribution necessary to become a member or trustee of the said corporation, shall be twenty-five dollars, and that in addition to the number of trustees authorised by law, it shall be lawful for the said trustees, in their discretion, to appoint at their first meeting after each auoual election any number of trustees not exceeding twelve.

II. And be it further enacted, That if any surplus school moHow surplus nies shall remain in the hands of the said trustees, after an ample be applied. compensation to the teachers employed by them, it shall and may be lawful for them to apply such surplus to the instruction of school masters on the Lancasterian plan, to the erection of buildings for schools, and to all the needful purposes of a common school education, and to no other purposes whatever.

How other be applied,

monies shall

And whereas the said trustees, and a number of inhabitants of the northeast part of the city of New-York, have by their petitions represented, that at Manhattan-Island, and two adjoinining settlements, there is a considerable population, embracing perhaps one thousand children, who are destitute of the means of education; that suitable lots have been appropriated for a school establishment there, and that with a grant of a sum of money out of the excise fund, raised in thé said city, as has been done on similar and former occasions, the said trustees will be enabled, with their other resources, to dispense the blessings of education in that quarter of the said city: Therefore,

III. Be it further enacted, That out of the monies appropriated by the act, entitled " an act to lay a duty on strong liquors, and for regulating inns and taverns," to the payment of the contingent charges of the city of New-York, and which shall come into the treasury of the said city, after the first Tuesday of May next, there shall be paid to the trustees of the said society, for the exclusive purpose of erecting a suitable building, according to the prayer of the said petitioners, the sum of two thousand dollars.

CHAP. CXLVI.

AN ACT to provide for the dissolution of incorporated insurance companies in the city of New-York.

Passed April 5, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That whenever the directors of any

may dissolve

incorporated insurance company in the city of New-York, or the Directors
majority of such directors, shall deem it necessary or beneficial to company.
the interests of the stockholders to dissolve such corporation, it shall
be lawful to dissolve the same pursuant to the provisions of this

act.

the chance

II. And be it further enacted, That in all such cases the direct- To present a ors of any such insurance company, or the majority of such direct- petition to ors, may present to the chancellor of this state a petition, briefly set- lor. ting forth the reasons which induce them to relinquish their charter, accompanied with a full, just and true statement of all their estate and effects, real and personal, and of all debts due to and from such company, ant of all covenants, contracts and engagements entered into by such company, and which may not have been fully satisfied, settled or otherwise cancelled, which statements shall be verified by such directors upon oath or affirmation, to be a full and true account thereof as far as they respectively know.

Chancellor

III. And be it further enacted, That the said chancellor is hereby authorised and required, upon receiving such petition, accompa- to cause pubnied with such statement aforesaid, and verified in the manner lie notice to be given. before directed, to cause public notice to be given in such manner as he shall deem fit, not less than thirty days, for all persons interested in such company to shew cause why the prayer of such petition should not be granted.

Chancellor

of effects

IV. And be it further enacted, That if by the expiration of the time limited by such notice, no cause shall be shown against dissolv- may deares ing such incorporated insurance company, or if cause be shown a dissolution which, in the opinion of the chancellor, is insufficient, he having due regard to the interests of the stockholders and all persons interested therein, the said chancellor is fully authorised and empowered Distribution to decree a dissolution of the said company, and a just distribution of the estate, funds and effects of such company, among the stockholders, in proportion to their rights therein, after the payment of all its debts, and the extinguishment of all its covenants, contracts and engagements: Provided always, that any person interested in such proviso. company, feeling himself aggrieved by any decree to be made by the said chancellor for the dissolation thereof, may appeal from any such decree in like manner as is allowed in all other cases of appeal from decrees of the court of chancery.

If no appeal

V. And be it further enasted, That if any such decree shall not be appealed from within six months after the said decree shall be in 6 months made, or if appealed from shall be affirmed, then such insurance company shall cease to be a body corporate, and the estate, funds and effects of such company, after the payment of all its debts, and the extinguishment of all its covenants, contracts and engagements, shall be distributed among the stockholders, in proportion to their respective rights therein.

Chancellor

VI. And be it further enacted, That the said chancellor is hereby authorised, from time to time, to appoint so many of the directors may appoint or stockholders of any such insurance company as he may think trustees. proper, to be trustees for the purposes before mentioned; and such Trustees trustees may sue and be sued, either at law or in equity, as trustees may sue and of such company, and shall continue subject to the control of the bed,

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