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permitted to sell or dispose of said land, and that they will be subject to great hardships and loss: Therefore,

BE it enacted by the People of the state of New-York, represented in senale and assembly, That Harmanus Peek and John G. Wasson, are hereby authorised and empowered, in conjunction with the said James Wasson, to sell the said land, and to grant and convey the same, in fee simple, to the purchaser or purchasers thereof, and apply the proceeds thereof to the purchase of other lands, which are improved and productive; the conveyance shall be to the said James Wasson and his wife for life, and after their death, to their said children, as tenants in common their heirs and assigns forever.

CHAP. CLXIII.

AN ACT to annex a part of the town of Argyle to the town of Greenwich, in the county of Washington.

Passed April 5, 1817.

BE it enacted by the people of the State of New-York, represented in senate and assembly, That all that part of the town of Argyle, in the county of Washington, comprehended within the following limits, to wit: Beginning at the northeast corner of the town of Greenwich, thence northwardly on the east line of the town of Argyle to the northeast corner of lot number seventy-one; from thence west on the north line of lot number seventy-one to the north west corner of said lot; from thence on the same course to the east side of the lake, in the town of Argyle, known by the name of the Longlake; from thence along the cast side of the lake to the north line of Greenwich, shall be and is hereby annexed to the town of Greenwich.

CHAP. CLXIV.

AN ACT relative to the trustees of Kingston, and to regulate sheriff's fees in Ulster county.

Passed April 5, 1817.

WHEREAS the trustees of the freeholders and commoualty of the town of Kingston, in Ulster county, in their memorial, alledge that they have assigned their estate, by direction of an act, entitled an act to divide the town of Kingston, in the county of Ulster :" Therefore,

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I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That all and every the mortgages on record in the office of the clerk of Ulster county, payable to the said trustees and not assigned by them, being by the said memorial declared to be satisfied, the same are hereby declared to be discharged: Provided, that this shall not release the said trustees or their predecessors, or any individual who has been a trustee, from any accountability for all or any monies or other corporate funds which may have been heretofore misapplied, perverted, or unjusti

fiably wasted, and for which they might otherwise be accountable or liable.

II. And be it further enacted, That the maps, records, minutes, papers and chart, now or heretofore belonging to the trustees, shall hereafter be permanently deposited in the said clerk's office, for the benefit and inspection, at all reasonable times, of the said inhabitants of Kingston, without fee or reward.

III. And be it further enacted, That the mileage fees allowed by law to the sheriff of the county of Ulster, for serving writs and process, shall be computed from the court house in said county.

CHAP. CLXV.

AN ACT to amend an act, entitled "an act to incorporate the Montezuma turnpike and bridge company."

Passed April 5, 1817.

an act

I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That the commissioners to lay out the turnpike road, in pursuance of the act, entitled " to incorporate the Montezuma turnpike road and bridge company,' passed the thirty-first day of March, one thousand eight hundred and fifteen, shall, in laying out the said road, commence at the west end of the turnpike bridge in Throopsville, in the town of Mentz, in the county of Cayuga, instead of the dwelling house of Friend Barber, as provided in and by the said act of incorporation.

And whereas, at the first election for directors of said company, the choice by the stockholders of persons to hold the next election for directors was omitted through mistake, and other irregularities were committed in organizing said company, by misapprehension, for remedy whereof,

II. Be it further enacted, That the next election for directors of said company, shall be held on the first Monday of September next, and that the first Monday of September in each year thereafter, shall be the annual day of election for directors of said company, as provided in and by the act relative to turnpike companies, passed March the thirteenth, one thousand eight hundred and seven, and that it shall be lawful for the directors of said company, now acting, to make all necessary contracts relative to said road, and to do every act which directors may lawfully do in pursuance of the act incorporating the said company, and the said act relative to turnpike companies; and it shall be further lawful for the said directors, or a majority of them, on or before the first Monday of September next, to appoint three persons to preside at the next election for directors of said company, who shall be authorised to do every act which such persons might have done if they had been duly chosen by the stockholders of said company, pursuant to the said act relative to turnpike companies; and also that every person who is now a subscriber to the stock of said company, shall be liable to pay the amount of his subscription, according to the tenor thereof.

CHAP. CLXVI.

AN ACT to facilitate the intercourse between the western part of this state and the city of New-York.

Passed April 5, 1817.

WHEREAS the petition of sundry inhabitants of the counties of Ontario, Seneca, Tioga and Broome, to the legislature, represent that the legislature of the state of New-Jersey, in and by an act passed the 15th day of February, 1816, entitled " an act to facilitate the intercourse between the states of New-York, Pennsylvania and this state," did authorise certain commissioners therein named, to raise by lottery the sum of twenty thousand dollars, and to appropriate the same to the purpopse of subscribing to the capital stock of the president, managers and company of the Milford and Owego turnpike company, as incorporated by an act of the legislature of the state of Pennsylvana, entitled "an act to authorise the governor to incorporate a company for making an artificial road by the nearest and best route through the counties of Wayne and Luzerne, beginning at the Delaware river, where a bridge is to be built near the town of Milford; thence through said town and counties last aforesaid to or near the forty-third mile stone in the south line of the state of New-York: and that the completion of said road through the state of Pennsylvania will greatly facilitate the intercourse between the western part of this state and the city of New-York, and open to the citizens a nearer and better market: Therefore,

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 any citizen or citizens of this state to purchase, sell and dispose of the tickets of the said lottery, any law of this state to the contrary notwithstanding.

CHAP. CLXVII.

AN ACT relative to the Minisink and Montgomery turnpike road company.

Passed April 5, 1817.

1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the president, directors and company of the Minisink and Montgomery turnpike road, may and they are hereby required to abandon that part of the Minisink and Montgomery turnpike road, beginning one chain south of the house of James Bodine, in the town of Montgomery, in the county of Orange; from thence northeasterly until the said road intersects the Newburgh and Cochecton turnpike in the village of Montgomery, in the town aforesaid.

II. And be it further enacted, That that part of the said turnpike road so abandoned, shall be deemed and is hereby declared a public highway, and hereafter to be considered one of the road districts in the town of Montgomery; and the commissioners of

Route.

highways in the town of Montgomery aforesaid, are hereby required and directed, from time to time, and at all times, to set off on said road district, such number of the inhabitants of the village of Montgomery, as together with the inhabitants residing on said road, that, on a fair assessment of labor, shall be sufficient to keep said road in good and ample repair, any law to the contrary notwithstanding.

CHAP. CLXVIII.

AN ACT to incorporate the Albany and Schoharie turnpike company.

Passed April 5, 1817.

1. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That Abraham Keyser, jun. Giles Kellog, Stephen Wells, John Jost Dietz, Jacob Gebhard and Peter P. Suyder, and all such other persous as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the court house in the town of Schoharie, and extending from thence in the most direct and practicable route to or near Wiedman's mills, in the town of Bern; from thence in the most direct and practicable route, to or near the house of Alexander Stalker, in the town of Bethlehem, and from thence in the most direct and practicable route to the city of Albany, and their successors, be and they are hereby created a body corporate and politic, by the name of the president, directors and company of the Albany and Schoharie turnpike," and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered Their powers unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, complaints, matters and causes; and by the same name and style shall be in law capable of purchasing, May hold re- holding and enjoying any estate, real and personal, for the use of the said corporation: Provided, that such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said incorporation, and for no other purpose whatsoever.

Style.

al estate.

Amount stock.

ers to receive

II. And be it further enacted, That the stock of said company of shall consist of fifteen hundred shares, of twenty dollars each; and that Jacob Gebhard, Peter P. Snyder, John Jost Dietz and Giles Kellog, be and they are hereby appointed commissioners to receive Commission subscriptions for the said stock, in the manner directed in and by the subscriptions act, entitled "an act relative to turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven. III. And be it further enacted, That as soon as the road hereby authorised shall be completed, and a license obtained in the manner specified in the act above referred to, it shall be lawful for the said president, directors and company, to cause three gates to be erected on the same road, and at such places as the person administering the government of this state, for the time being, shall deem necessary to collect the tolls allowable by this act.

Gates.

IV. And be it further enacted, That it shall and may be lawful for the said president and directors to appoint toll-gatherers to collect and receive of and from all and every person and persons using the said road, at two of the said gates, the following tolls and duties: for every score of hogs or sheep, six cents; for every score of cattle, Tolls. horses or mules, twenty cents; for every chair, sulkey or chaise with one horse, twelve cents; for every horse rode, four cents; for every led or driven horse, two cents; for every chariot, coach, coachee or phaeton, twenty-five cents; for every cart or waggon drawn by one horse, six cents; for every stage, waggon or other four wheeled carriage drawn by two horses, mules or oxen, twelve cents, and three cents for every additional horse mule or ox; for every sleigh or sled, six cents, if drawn by two horses, mules or oxen, and in like proportion, if drawn by a greater or less number of horses, mules or oxen: and at the other gate, to be erected nearest to the city of Albany, the one half of the rate of toll allowed to be received and collected at the other gates: subject, nevertheless, to the several provisos contained in the seventh section of the act relative to turopike companies, above referred to: And provided, that no gate shall be placed within three miles of the city line of the city of Albany: and provided further, that the said turnpike road shall be so laid as not in any manner to obstruct any part of the road or public highway now in use, leading from the eastern boundary line of the town of Bern, running by the house of the aforesaid Alexander Stalkers, to the city of Albany; nor shall any toll gate be erected on the said turnpike road, east of and between the line of the town of Bern and the city of Albany, so as to effect, in any manner, the free use of the said road or highway, for travelling free of toll.

V. And be it further enacted, That the said president, directors and company, hereby incorporated, shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the before recited act, relative to turnpike companies, and of the act, entitled " an act concerning turnpike roads," passed April 10th, 1813, and shall be subject to all the conditions, provisions, restrictions, penalties and regulations contained in the same.

CHAP. CLXIX.

AN ACT authorising Christopher Eldridge and Noah Shaw, their heirs and assigns, to maintain a dam across the western branch of the Chenango river, in the town of Lisle, in the county of Broome.

Passed April 5, 1817.

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 Christopher Eldridge and Noah Shaw, their heirs and assigns, to maintain a dam across the western branch of the Chenango river, in the town of Lisle, in the county of Broome, about two miles above the Chenango forks, so called, at or near the place where a dam has

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