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ill. And be it further enacted, That if any person not of the Penalty for said tribe shall in any manner bire, use or occupy any of the said beroes ronde lands, which shall be so laid out and appropriated as aforesaid, such to Lire lands person shall forfeit the sum of twenty-five dollars for every acre se hired, used or occupied; and if any person shall occupy or use any of the said lands, without the corisent of a majority of the said trustees, and of at least two of the said justices first obtained and entered in the said book, such person shall forfeit the sum of twenty-five dollars for every acre so used or occupied : And if any person belooging to the said tribe, shall cut any wood or timber on the said lands without such order and consent of the said trustees and justices first entered in the said book, such person shall forfeit the sum of ten dollars for each offence; the one half of which penalties sball be to the use of the overseers of the poor of the town of Southamptou, and the other half to the use of the party who will sue for the same, by action of debt, in any court having cognizance thereof.
AN ACT 10 amend an act, entitled “an act to establish a Turn.
Passed April 15, 1816.
And whereas all persons residing within four miles of any gate erected on said turnpike road, are by the said act entirely exempted from the payment of any toll for travelling said road, which exemption is not only very dousual, if not uoprecedented, but improper : For remedy whereof,
I. BE i enacted by the people of the State of Nero-York, repre- Part of the sented in Senate and Assembly, That so much of the eighth section original act of the act bereby amended, as exempts from the payment of toll, all repealed. persons residing within four miles of any of the gates erected upon the said turnpike road, be and the same is hereby repealed.
II. And be it further enacted, That it shall and may be lawful Gates, how for the president and directors of the said company to erect a gate to be erect
to collect and receive from all persons crossing the said bridges respectively, the same rates of toll, with the addition of two cents from erery foot passenger, as the toll gatherers are authorised to receive and collect at any of the gates or turopikes upou said road, and no more: And further, that the toll gatherers appointed to the said gates, shall have the same powers and privileges, and be subject to the same duties, which are given and directed to toll gatherers in and by the act hereby amended.
III. And be it further enacted, That all the exemptions from the payment of toll at any of the gates erected on said turnpike road, (except the exemption specified in the first section of this act) be and the same is hereby extended to the gates erected on the said bridges by this act authorised to be erected.
AN ACT to prevent the destruction of Fish, in the towns of Claverack, T'aghkanick and Anci am, in the county of Columl, ia.
Passed April 15, 1816. 1. BE it enacted by the people of the State of New York, represented in Scrate and Assembly, That it shall not be lawful for apy person or persons, at any time or in any manner, before the first day of May, which will be in the year one thousand eight hundred and eighteen, to take any fish in any of the poods or lakes situate in the towns of Claverack, Taghkanick or Ancram, in the county of Columbia, inlo which any pike or pickerel have been put or placed by any person or persons ; nor shall it be lawful at any time within three years from the passing of this act, to take any fish of any kind, io any of the waters situate in the towns of Claverack, Taghkanick or Aucram, by means of seins, pets or spears, bor at any time thereafter by means of seios or pets.
II. And be it further enacted, That if any person or persons shall fish contrary to the provision of the preceding section, he shall forfeit the sum of five dollars for each and every offence, to be sued for and recovered by any person who will prosecute for the same, iu an action of debt, in his own name, with costs of suit, in any court within this state haviog cognizance thereof.
AN ACT for the relief of the Settlers on the west Cayuga reservation, in the county of Seneca.
Passed April 15, 1816. BE it enacted by the People of the State of New York, represented in Senate and Assembly, l'hat it shall and may be lawful for, and the comptroller of this state is hereby required to extend the term of credit on the bonds and mortgages due to the people of this state, on that part of the lands in the west Cayuga reservation situate in the county of Seneca, for the term of four years from the passage of this act: Provided however, that the several owners of the lands so mortgaged, shall, within one year from the passing of this act, pay into the treasury of this state all the interest which shall then be actually due on the said mortgages respectively, and shall also satisfy the comptroller, that the extension of credit will not endanger the ultimate payment of the money secured by the mortgage on the property by them severally owned.
Passed April 15, 1816., WHEREAS Zalmon B. Lawrence, of the town of Marcellus, in the county of Onondaga, was appointed a collector of taxes for said town, at their last apoual town meeting, and Peter Lawrence became the bail and surely of the said collector : And whereas the said Zalmon having collected a considerable part of said tax, has absconded, and left the said Peter liable to pay the whole amount thereof, and without any power or authority, by existing laws, to collect that part of said tax which the said collector left uncollected: For the remedy whereof,
I. 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 said Peter Lawrence, and he is hereby authorised to proceed
and collect what remains uncollected on the rale bill or tax list of - the said Zalmon B. Lawrence, and to make returns of the amount
falling on non-resident lands, in the same manner as the said Zalmon, as collector aforesaid, might or would have done."
II. And be it further enacted, That any person taxed in the said rate bill or tax list, and not having a receipt nor credit on the said rate bill or tax list, and claiming to have paid the same to the said Zalmon, shall, on making an affidavit of such payment, and presenting said affidavit to the said Peter, be exoperated from the payment thereof.
• CHAP. CXXXVIII. AN ACT for the relief of the Creditors of William Paltison,
Passed April 15, 1816. • 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 Joseph Swan and Morehouse Hicock, executors of the last will and testament of William Pattison, late of the town and county of Onondaga, deceased, (who was an alien) to sell all that part of lot number seventy-two, in the late Onondaga reservation, in the town and county of Onondaga, whereof the ssid William died seised or possessed ; and to apply the proceeds of such sale towards the pay ment of the debts of the said William, deceased, and on such sale t inake and execute to the purchaser or purchasers, good and suff cient conveyance or conveyances for the same, (subject nevertheles to a certain mortgage of the said premises, executed by the sai William to the prople of the state of New York, for securing the pay ment of a part of the original purchase money for the said land) an that such purchaser or purchasers, their heirs and assigas, may have hold and enjoy the said premises, frce from any claim of the peopl of the state of New.York to the same, by reason of the alienism a the said William, deceased : Provided, that before such sale be per fected, the said executors shall give security, to be approved by the comptroher, that they will account with him, and pay over at money remaining in their hands after paying the debts and charge on the estate of the said William Pattison, into the !reasury of ini state, for the use of the people thereof.
CHAP. CXXXIX. i
AN ACT to authorise Nathaniel Sisson and Zebediah Sisson lo erea a dain across the Limestone Creek, in the town of Manlius.
Passed April 15, 1816. I. BE it enacted by the poople of the State of Non-York, repre sented in Senate and Assembly, That it shall and may be lawiu for Nathaniel Sissou and Zebediah Sisson, both of the town of Man lius, in the county of Onondaga, to erect a dam across Limestong creek, about one mile and an half uorth of the village called Manlius Square, where the said Nathaniel Sisson and Zebediah Sisson have commenced the building of a danı, for the purpose of supplying mills or other water works with water; and it shall be the duty of the said Nathaniel Sisson and Zebediah Sisson, and their heirs and assigns, to cause to be made in said dam a lock or canal, to permit the passage of boats with ease, not less than twelve feet in width, so soon as said creek shall be cleared and become navigable for boats or other water craft, free of expense; and also kcep the said lock or canal in good repair as long as the said dam shall exist, or impede the passage of boats: And if the said Nathaniel Sisson and Zebediah Sisson, their heirs or assigns, uureasonably delay or bioder any person or persons with boats from passing such lock or canal, they shall for every such 'offence forfeit and pay two dollars for every hour's delay or detention, to be recovered, with costs, to the use of the person so delayed or hindered, before any justice of the peace in the said county of Opondaga.
II. And be it further enacted, That if the said Nathaniel Sisson, and Zebediah Sisson, their heirs and assigns, shall at any time while said dam shall exist, or after said lock or canal shall be finished, suffer the said lock or capal to be out of repair seven days iu succession, 'so as to prevent boats or other water crast from passing thep and in such case this act shall cease and become void, and all rights granted to the said Nathaniel Sisson and Zebediah Şisson shall cease and be Tevoked.
III. And be it further enacted, That it shall be the duty of the judges of the court of common pleas of the county of Onoudaga, or alty three of them, not interested in said dam, to examine and decide when the said creek shall become cleared and navigable for boats; and their certificate of the fact, filed in the clerk's office of the said county of Onondaga, shall be conclusive evidence of the same : And the said Nathaniel Sisson and Zebediah Sisson, their heirs and assigns shall, within two months after such certificate shall be filed, and notice thereof to them given, erect, make and complete the said lock or canal in manner aforesaid, on pain of forfeiting all the rights granted to them by this act.
IV. And be it further enacted, That if the erection of said dam shall be found productive of damages to the public or individuals, by the overflowiug of their lands lying in its vicinity, the authority to the said Nathaniel Sisson aud Zebediah Sisson, their heirs and assigns, shall and may, on proof of said damages, be revoked by the court of common pleas of the county of Onondaga,
AN ACT to prevent obstructions in a stream of water therein
Passed April 15, 1816. WHEREAS sundry inhabitants of the town of Reading, in the county of Steuber, have by their petition to the Legislature representer, that several mills have been erected on a creek emptying into the Seneca lake, which creek is koown by the name of the Big Stream; and that thie interest of the public requires, that the said treek should be kept clear of obstructions, and the said petitioners have prayed that a law might be passed for that purpose: Therefore,
I. BE il enacted by the people of the State of New-York, represented in Senate and Assembly, That if any person or persons shall, after the first day of Jupe next, throur, cut or sell any wood or timber into the waters of said creek, within the town aforesaid, and shall not remove the same within twenty-four hours after having so thrown), cut or felled the same into the waters of said creek as aforesaid, he or they shall forfeit for every such offence, the sum of five dollars, to be recovered with costs of suit, by any person who shall sue for the same, and to be applied to and for his owo use, when recovered: Provided nevertheless, that nothing in this act contained shall be construed to affect the right of any proprietor or proprietors of any mill or dam, now erected or hereafter to be erected, from cutting timber to build or repair any such mill or dam on said creek: And provided also, that nothing in this act coutained shall be construed to affect the right of any owuer or occupant of lands lying on both sides of said creek, from feucing across the said creek, in such manner as tist to obstruct the waters thereof.
II. ind be it further enacted, That if the owner or owners of any land lying on the said creek, shall neglect, for the space of four Nonths from and after the passing of this act, to remove any obstructions which now exist in the said stream, (except in thuse which are