heretofore stood, not exceeding five feet in height above low water mark: Provided however, that there shall be left in said dam a place or sluice-way, at least forty-five feet in width, which shall be two and an half feet lower than the other parts of the dam; and an apron of an even ascent at least forty-five feet long, to admit the passage of arks and rafts; and the sides of the apron to be well secured, to prevent arks, rafts and boats from running off the sides thereof; and it shall and may be further lawful for them to keep the said sluice-way shut at all times except in the seasons of arking and rafting.

And whereas it is not intended that the above granted privileges shall intercept or impede the navigation of said river, in any way, and experience only can determine whether they will or not: Therefore,

II. Be it further enacted, That it shall and may be lawful for the legislature of this state, at any time hereafter, when in their opinion the public interest shall require it, either to amend or repeal this law.

CHAP. CLXX.

AN ACT for the preservation of trout in the Skaneatelas lake, 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 person or persons to fish with nets, spears or seines in the Skaneatelas lake, or the waters thereof, in the months of October, November and December; and every persou who shall offend therein, shall forfeit and pay the sum of ten dollars for every such offence, to be recovered before any justice of the peace, in an action of debt, together with costs of suit, the one half of which forfeiture, when recovered, shall be for the use of the poor of the town where such offence shall be committed, and the other half for the use of the person who shall prosecute for the same.

CHAP. CLXXI.

AN ACT to suspend the execution of Diana Silleck, convicted of

murder.

Passed April 5, 1817.

BE it enacted by the people of the state of New-York, represent ed in senate and assembly, That the execution of Diana Silleck, convicted at a court of oyer and terminer, held in and for the city and county of New-York, on the nineteenth day of December last, of the murder of Hetty Johuson, be suspended until the third Friday in April, which will be in the year of our Lord one thousand eight hundred and eighteen.

CHAP. CLXXII.

AN ACT authorising Ira Pratt and Thomas Metcalfe to erect a dam across the Canisteo river, in the county of Struben.

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 Ira Pratt and Thomas Metcalfe, and they are hereby authorised, to erect a dam, not exceeding four feet in height, across the Canisteo river, in the county of Steuben, at or near the place where the mills of the said Ira Pratt and Thomas Metcalfe stand; and for the convenience of the same, Provided, that the said Ira Pratt and Thomas Metcalfe shall erect an apron or lock in said dam, of such construction as to render the passage safe and easy for rafts, arks and all other boats common in said river, at all times during the continuance of the said dam: And further, that all such boats, arks and rafts shall pass and repass free from toll or expense of any kind: And provided further, that if the passage aforesaid shall at any time be obstructed, this act shall be void.

CHAP. CLXXIII.

AN ACT to amend the act, entitled “ an act to amend the act, entitled "an act to incorporate the Schoharic-kill bridge company, passed the 30th day of March, 1802, and for extending the limits of the road therein mentioned," passed March 29, 1811.

Passed April 5, 1817.

road.

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 May alter the president and directors of the Schoharie-kill bridge company, to alter that part of their road which runs on the north side of the Batavia-kill, where it joins the lands of William Stimpson and Nathanjel Stimpson, situate in the town of Windham, in the county of Greene, commencing east of the dwelling house of William Stimpson, runBing south of the said house, keeping on the north side of the road now worked and near the side hill, until it strikes the lands of Nathaniel Stimpson, and from thence across his lands so as to intersect the present road of the said company, east of his dwelling house: Provided however, that such alteration shall not be made unless Provise. twelve reputable freeholders of the said town, not interested in the said road, shall certify under oath that they have carefully examined the place where the alteration in the said road is contemplated to be made, and that such alteration is necessary for the accommodation of the public: And provided further, the said president and directors shall give at least six days notice, to the said William Stimpson, of the time when such freeholders will meet to make such examination as aforesaid.

out road.

II. And be it further enacted, That it shall and may be lawful for the said president and directors to apply to three of the judges Judges to lay of the court of common pleas of the county of Greene, not interested in the said road, to lay out the same, who are hereby constituted commissioners for that purpose, whose duty it shall be to examine the lauds through which said road is to be laid, and to lay out the same, of the wicth mentioned in the act hereby amended, and to make a map and survey of the said road, which they are hereby required to file in the clerk's office of the county of Greene; and the said commissioners are hereby authorised, and it is hereby made their duty, at the time of laying out the said road, to appraise the damages of the said William Stimpson and Nathaniel Stimpson, for the lands which shall be taken from them by establishing the said road, which appraisement shall be in writing, and filed by the said commissioners in the clerk's office aforesaid: Provided however, that before the said commissioners shall proceed to lay out the said road and to assess the damages aforesaid, it is hereby made the duty of the said president and directors to give notice in writing to the said William drapson and Nathaniel Stimpson, at least ten days prior to the time when the said commissioners will meet to lay out the said road and to assess the said damages: And provided further, that before the said president and directors enter upon the lands to be taken for the said road, they shall pay to the said William Stimpson and Nathaniel Stimpson, all such damages as shall be appraised to each of them by the said commisssoners.

Broviso.

III. And be it further enacted, That as soon as the said road herein mentioned is established and worked, that part thereof, now used by the said company, which is by this act altered, is to be abandoned by the said president and directors, and the land shall revert back to the owner thereof when the said road was first made.

IV. And be it further enacted, That the commissioners shall be Their pay. entitled to receive the sum of two dollars per day, each, for every day which they shall be employed, besides their reasonable expenses, which shall be paid by the said president and directors.

CHAP. CLXXIV.

AN ACT to divide the town of Hartland, in the county of Niagara.
Passed April 5, 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 Hartland denominated townships number thirteen and fourteen, shall be constituted a new town by the name of Royalton; and the first town meeting to be held at the house of Almond H. Millard, on the first Tuesday of April, in the year one thousand eight hundred and eighteen.

II. And be it further enacted, That the supervisors, town clerks, justices of the peace and overseers of the poor, of the towns of Hartland and Royalton, shall meet on the second Tuesday of May, in the year one thousand eight hundred and eighteen, at the house where

the town meeting in Hartland shall be holden, and make such arrangements relative to poor and all other things as justice may require.

CHAP. CLXXV.

AN ACT to divide the town of Eden, in the county of Niagara. Passed April 5, 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 Eden, in the county of Niagara, lying within the seventh range of said townships, with the exception of the west range of lots in said township, be and the same is hereby constituted a new town by the name of Boston; and that the first town meeting be holden at the house of Oliver Johnson: And further, that all the residue of said town be and the same is hereby constituted a new town by the name of Eden; and the first town meeting be held at the house of John Hill.

II. And be it further enacted, That the supervisors, justices and overseers of poor, within the said towns of Eden and Boston, shall meet on the second Tuesday of May next. (if the said towns in the mean time become organized) at the house of John March, in the town of Eden, and divide their poor and all monies belonging to the original town of Eden, and make such further arrangements relative thereto as justice may require: Provided however, that nothing herein contained shall prevent the said town, hereby erected, to do that at their annual meeting in one thousand eight hundred and eighteen, which they are by this act directed to do at the next annual meeting, if want of time shall prevent the organization of said towns.

CHAP. CLXXVI.

AN ACT to encourage the persons therein named to search for coal in the bed of Hudson's river, near the city of Troy.

Passed April 5, 1817.

BE it enacted by the people of the state of New-York, represented in senate and assembly, That Leonard Sweet, Daniel Redding and David Fuller, and the survivors or survivor of them, shall have the exclusive privilege, for eight years from the passing of this act, of digging for coal in the bed of Hudson's river, near McDonald's or Whale island, between Troy and Lansingburgh, to the distance of eighty rods northerly of said island, and half a mile southerly thereof; and to vend any coal they may discover there, for the sole benefit of them the said Leonard Sweet, Daniel Redding and David Fuller, their executors, administrators or assigns: Provided nevertheless that the said persons, or any of them, shall not injure or obstruct the navigation of said river, nor cause the same to be injured er obstructed, nor injure the property of any individual or individu

als, by such digging, under the penalty of forfeiting the said exclusive privilege, and of paying to the said people, or to such individual or individuals, all damages that may ensue to either by reason of such obstruction or injury: And provided also, that it shall be lawful for the commissioners for improving the navigation between Troy and Waterford, to prohibit the operations of the said Leonard Sweet, Daniel Redding and David Fuller, their executors, administrators or assigns, in digging for coal as aforesaid, whenever in the opinion of the said commissioners the navigation aforesaid shall thereby be injured or obstructed or in any way endangered; and thereupon this act, and the rights and privileges therein granted, shall be and are hereby declared to be suspended until the legislature shall otherwise order and direct: And further, the digging for coal as aforesaid shall in no wise interfere with or impede any future improvements in the aforesaid navigation.

Money to be raised.

CHAP. CLXXVII.

AN ACT to amend the act for the relief and settlement of the

poor.

Passed April 5, 1817.

1. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the monies authorised to be raised for the support of the poor, by the twenty-third section of the act hereby amended, be raised as well at a special as the annual town meeting.

II. And be it further enacted, That from and after the passing of this act, no person removing from or out of any other state, or from Residence, Upper or Lower Canada, to reside or inhabit in any city or town how gained. within this state, shall be deemed or adjudged to have gained a set

tlement in such city or town, unless such person shall have purchased a real estate in such city or town, of the value of two hundred and fifty dollars, and actually shall have paid for the same, or shall actually and boua fide have rented and occupied a tenement, of the yearly value of one hundred dollars or upwards for four years, and actually have paid such rent, or shall have executed some public office in such city or town during three whole years, or shall have been bound an apprentice or servant by indenture, or by deed, contract or writing not indented, and shall, in consequence of such binding, have served a term not less that seven years, any thing in the act hereby amended to the contrary notwithstanding.

III. And be it further enacted, That if any such person, as herein before mentioned, shall come from any other state, or from Upper tices may or Lower Canada, to reside in any city or town within this state, and remove poor. if any two justices of such city or town, upon examination according to the provisions of the seventh section of the act hereby amended, shall find that such person is likely to become chargeable to such city or town, and hath not gained a legal settlement in any city or town in this state, it shall and may be lawful for such justices, at their