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XIII. And be it further enacted, That this act shall continue in Continuance force sixty years from and after the passing of the same, and no ter. Jonger: Provided, not witstanding, That nothing herein contained, shall be deemed or coatrued to prevent any future legislature, at any time within the period aforesaid, to modify this act.

CHAP. XLVIII.

AN ACT relating to the courts of common pleas and general sessions of the peace in and for the county of Westchester, and for regulating the time for holding the same.

Passed February 21, 1817.

I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That the courts of common pleas in and for the county of Westchester, shall hereafter be holden on Terms of the the fourth Mondays of May and September, and third Mondays of courts of com January, in every year, all of which shall be terms for the trial of issues, and may continue to be holden from the commencemements thereof until Saturday of the same week, inclusive.

mon pleas.

General ser

II. And be it further enacted, That at each and every of the September and January terms of the said court of common pleas, there shall also be holden a court of general sessions of the peace sions to be in and for the said county, which may continue to be kept open held. from the commencement of the term of the common pleas, until the Saturday thereafter, inclusive.

held.

Pleasant, pro

III. And be it further enacted, That for the future, the said court Times when of common pleas and general sessions of the peace, shall be holden in the manner and at the places hereafter mentioned, viz: the September term at the court house in Bedford, the May term at the court house in White Plains, and the January term at the academy in To occupy the academy the village of Singsing, in the town of Mount Pleasant: Provided, That in Mount the trustees of said academy shall, within three months after the passing of this act, file, or cause to be filed in the clerk's office of said county, an engagement or agreement, under the hands and seals of the said trustees, or a majority of them, that the said court shall have full liberty to occupy the said academy, for the purpose of holding courts as aforesaid, free of and without any charge or expense to the said county.

vided the trustees con

sent.

town of

IV. And be it further enacted, That in case the said trustees shall If not, in the neglect or refuse to file such agreement as aforesaid, that then and White Plains. in such cases, the next May term of the said court of common pleas shall be holden at the court house in the town of White Plains; and that thereafter the said courts of common pleas and general sessions of the peace shall be holden alternately at the court house in Bedford and at the court house in the White Plains.

V. And be it further enacted, That all acts or parts of acts here- Former acts tofore passed relating to the times of holding the courts of common repealed. pleas and general sessions of the peace in and for the county of Westchester, be and the same are hereby repealed.

corporated.

CHAP XLIX.

AN ACT to incorporate the Ithaca and Ludlowville turnpike com

pany.

Passed February 21, 1817.

I. BE it enacted by the People of the state of New York, represented in Senate and Assembly, That Luther Geer, David WoodLuther Geer Cock, Benjamin Drake, Thomas Ludlow, John Bowman, Abijah and others in Miller, Oliver Phelps, and such other persons as shall associate for the purpose of making a good and sufficient turupike road in Cayuga and Seneca counties, described as follows: to commence at the village of Ithaca, in Seneca county and from thence to take the most direct, convenient and eligible route to the village of Ludlowville, in Cayuga county, be and are hereby created, ordained and constituted a body corporate and politic, by the name of "the president and directors of the Ithaca and Ludlowville turnpike road com pany," and by that name they shall and may have perpetual succession, and shall be, and are hereby made, capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places whatsoever, and shall make common seal and use a common seal, and may alter the same a pleasure; and they And to hold are hereby made capable in law of purchasing, holding and conveyreal estate. ing any estate, real and personal, for the benefit of said company: Provided, That such estate, as well real as personal, so to be purchased and held, shall be neces ary to fulfil the end and intent of the said corporation, and to no other purpose whatever.

To have a

Road to be made agree

ably to the general turn

pike law.

Amount of stock.

Tolls.

II. And be it further enacted, That the said road shall be made in every respect agreeably to the directions of the act, entitled "an act relative to turnpike roads," passed 13th day of March, 1807.

III. And be it further enacted, That the stock of the said company shall consist of five hundred shares, of twenty dollars each, and that Luther Geer, Oliver Phelps and David Ogden, be and they are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the said act.

IV. And be it further enacted, That the said company, hereby incorporated, shall be entitled to exact, demand and receive, of and from every person travelling on or using said road, at the gate or turnpike to be established in the most convenient and eligible situation thereon, the following sums of money: for every cart, waggou or other wheeled carriage, drawn by two horses, mules or oxen, twelve and an half cens, except as hereafter mentioned, and three cents for every additional horse, mule or ox; for every horse rode, led or driven, four ceuts; for every cart o waggon, drawn by one horse, or mule, six cents; for every wheeled pleasure carriage, drawn by one horse, twelve and an half cents; for every four wheeled pleasure carriage, drawn by two horses, twenty five cents; for every sleigh or sled, drawn by two horses, mules or oxen, six cents, and in the same proportion if drawn by a greater or less number; for every score of horses, mules or cattle, twenty cents, and in a like proportion for any greater or less number; for every score of sheep

or hogs, eight cents, and in a like proportion for a greater or less number; for every stage waggon, drawn by two horses, twelve and an half cents, and three cents for each additional horse: Provid d, that no wheeled carriage, the tire whereof is six inches in width, shall be subject to toll ou said road.

Directors to

be appointed

V. And be it further enacted, That the number of directors for managing the concerns of the said company, hereby incorporated, shall be seven, four of whom shall be a quorum, and capable of managing the concerns and business of said company; and that the said company, hereby incorporated, shall have and enjoy all the Their pow rights and privileges, powers and immunities in and by the said act, ers. entitled "an act relative to turnpike companies," passed 13th day

of March, 1807, and shall be subject to all the conditions, restrictions and regulations contained in the aforesaid act.

CHAP. L.

AN ACT to appoint commissioners to perform certain duties of a judge of the supreme court.

Passed February 21, 1817.

His duties

I. BE it enacted by the prople of the State of New-York, represented in Senate and Assembly, That the person administering the government of this state, by and with the advice and consent of the Commission er appointed council of appointment, shall from time to time appoint a fit and proper person, as a commissioner, to reside at the village of Watertown, in the county of Jefferson, and also a fit and proper person as a commissioner, in the county of Niagara, who, by virtue of this act, shall respectively be authorised and required, to perform the dutics of a judge of the supreme court, and to do and execute every power and trust, which, according to the practice of the said court, the judges thereof may perform and execute, out of court, in all cases, both civil and criminal, to allow writs of habeas corpus, and writs of certiorai, and also to execute an act, entitled "an act for relief against absconding and absent debtors," and the act, entitled "an act for giving relief in cases of insolvency," in like manner as judges of the supreme court may or might allow and execute the same. X. And be it further enacted, That each of said commissioners shall be counsellors of the supreme court, aud before they enter upon the duties of their office, shall take and subscribe, before the clerks, or one of the judges of the courts of common pleas in the To take an counties of Jefferson and Niagara, in which they shall reside, an oath, well and truly to execute and perform the duties prescribed in and by this act, which oath shall be filed in the office of the clerks of said counties.

II. And be it further enacted, That it shall be lawful for the said commissioners, to take and receive the same fees, for the services performed by virtue of this act as the recorders of the several cities in this state are allowed for the like services.

oath.

His fees?

CHAP. LI.

AN ACT to divide the town of Richland, in the county of Oswego: Passed February 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 Richland, in the county of Oswego, known and distinguished on the map of this state, made by the surveyor general, named Campania and Longinus, be and hereby is erected into a separate town by the name of Orwell; and that the first town meeting therein shall be held at the dwelling house of Tim. othy Balch, at the time of holding the annual town meetings in the several towns in said county; and that all the remaining part of the said town of Richland, be and remain a separate town by the name of Richland.

II. And be it further enacted, That as soon as may be after the first town meeting in said town of Orwell, the supervisors, commissioners of common schools and overseers of the poor, of the said towns of Richland and Orwell, on notice being first given by the supervisors thereof, shall meet together and divide the money and poor belonging to Richland, aforesaid, previous to its division, agreeably to the then last tax list of said town, and that each of the said towns shall forever thereafter support their own poor.

CHAP. LII.

AN ACT to alter the times of holding circuit courts in certain counties therein mentioned.

Passed February 28, 1817.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That instead of the times appointed, by a rule of the supreme court of judicature of this state, of January term last, for holding circuit courts and sittings in the counties of Rockland, Richmond, Westchester, Kings, Queens and Suffolk, respectively, the next circuit court, in and for said counties, shall be holden at the times following, to wit: in the county of Rockland, on Tuesday the twenty-seventh day of May next; in the county of Richmond, on Friday the thirtieth day of May next; in the county of Westchester, ou Monday the second day of June next; in the county of Kings, on Monday the niuth day of June next; in the county of Queens, on Thursday the twelfth day of June next; and in the county of Suffolk, on Monday the sixteenth day of June next; and the sittings in the city and county of New-York, on Friday the twentieth day of June next.

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CHAP. LIII.

AN ACT to enable William Taylor to take the sirname of Skiddy.
Passed February 28, 1817.

WHEREAS William Taylor, by his petition to the legislature, has prayed that the sirname of Skiddy may be used or substituted by him in the room of his present sirname of Taylor-Therefore,

BE it enacted by the people of the state of New-York, represented in senate and assembly, That the sirname of Skiddy be and the same is hereby substituted in the room, place and stead of that of Taylor; and that at all times hereafter, he the said William Taylor, shall and may take upon himself the name of William Skiddy, and by the same name of William Skiddy shall be known and called in all cases whatsoever.

CHAP. LIV.

AN ACT for the relief of Jonathan Platt.

Passed February 28, 1817.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the treasurer pay, on the warrant of the comptroller, to Jonathan Platt, late sheriff of the county of Tioga, the sum of sixty-seven dollars and fifty cents, it being for services performed in behalf of this state, in conveying John Staley to the state prison.

CHAP. LV.

AN ACT to amend an act, entitled" an act for giving relief in cdses of insolvency."

Aay credi

of the debtor

Passed February 28, 1817. 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 any creditor of any person who hath or shall have been actually imprisoned for sixty days or upwards, upon execution, in any civil tor to apply action, to apply for relief in person, or if any such creditor re- for the relief side without this state, by attorney, to the chancellor of this state, or afte 60 days to any justice of the supreme court, or to the first judge of any imprisoncourt of common pleas within this state, or to any of the commissioners authorised and required by the act, entitled "an act for giving relief in cases of insolvency," to do and execute the powers and trusts which a judge of the supreme court is authorised and required to do and execute, by virtue of the same, in case such creditor, or the said attorney, shall be apprehensive that the estate or effects of such person will be wasted or embezzled; and upon such appli

F

ment.

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