nerva erect

ber of said town; from thence southerly, on the west line of the said county, to the southwest corner of the same; thence on the south Town of Miline of the county of Essex, to the place of beginning, shall be, and is ed. hereby, erected into a separate town by the name of Minerva, aud that the first town meeting be held at the dwelling house of Nathau West; and that the first town meeting be held at the school house in school district number four, in said town of Schroon.

vided.

II. And be it further enacted, That as soon as may be after the Poor & mont first town meeting, the supervisors and overseers of the poor, of the ey to be di said towns respectively, on notice being given for that purpose, shall meet together and divide the money aud poor belonging to the said. towns of Schroon and Minerva, previous to the division thereof, agreeably to the last tax list, and that each of the said towns shall forever thereafter respectively maintain and support their own poor.

CHAP. LXVH.

AN ACT to appoint commissioners to lay out a road from the town of Essex to the town of Jay, in the county of Essex.

Passed March 7, 1817.

Commission

ers.

I. BE it enacted by the people of the State of New-York, repre sented in Senate and Assembly, That David M'Niel, Thomas Stower and Isaac Finch, or any two of them, be and they are hereby appointed commissioners to lay out a public highway, of the width of four rods, from or near the dwelling house of Josephus Merriam, in the town of Essex; thence by the nearest and most practicable route, to Router the dwelling house of Thomas Shelden, in the town of Essex; thence by the most practicable ronte, through the town of Lewis, to the inn of Isaac Finch, in the town of Jay; and thence westerly, by the most practicable route, so as to intersect the road running from Westport to Hopkinton, at or near the thirty-one mile tree.

made.

II. And be it further enacted, That the said commissioners, be- Oath to be fore they enter upon the duties aforesaid, shall take and subscribe taken. au oath, before a justice of the peace, to lay out said road without favor or partiality; and they shall, after laying out said road, Map to be cause to be made an accurate map of the survey of the said road, and cause the same, with the field notes of the survey, to be filed in the clerk's office of the county of Essex; and shall also cause a like map and field notes, of so much of said road as shall fall within each town through which said road shall run, to be filed in the clerks' offices of such towns respectively; and if the said road shall be laid through any improved lands, the damages shall be appraised and paid, and the road opened and improved, in the manner prescribed by the act to regulate highways; and the commissioners, and their surveyors, shall be allowed each two dollars per day for each day they shall be necessarily employed in the duties aforesaid, and such reasonable sum for contingent expenses as the supervisors shall direct

III. And be it further enacted, That the supervisors of the county of Essex shall audit the accounts of the said commissioners, and cause the same to be assessed, collected and paid, as part of the contingent expenses of said county. H

Expenses

how pai

CHAP. LXVIII.

AN ACT for the relief of James Rose.

Passed March 7, 1817.

WHEREAS the commissioners of the land office, by virtue of an act of the legislature, passed the 19th day of June, 1812, have issued letters patent to James Rose, for two hundred aeres of land, in a tract set apart for the use of the troops of the line of this state, serving in the army of the United States, in the revolutionary war, for and during the natural life of the said James Rose, and at his death, to the children of the said James, as tenants in common: And whereas the said James, by his petition, represents that himself and wife are aged and infirm, and destitute of property, and unable to maintain themselves and family, unless he is permitted to sell or dispose of said land, and that they will be subject to great hardship and loss: Therefore,

BE it enacted by the people of the State of New-York, represent ed in Senate and Assembly, That William Burnett and Michael Musselman, are hereby authorised and empowered, in conjunction with the said James Rose, 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 Rose and his wife for life, and after their death to their said children, as tenants in common, their heirs and assigns forever.

CHAP. LXIX.

AN ACT supplementary to an act, entitled "an act corcerning deeds."

Passed March 8, 1817.

I. BE it enacted by the people of the state of New-York, repre sented in senate and assembly, That every deed, conveyance or wri ting, of or concerning any lands, tenements or real estate, within this Deeds execu state, heretofore made. or hereafter to be made, by any person or how to persons without the United States, may be acknowledged by the parbe acknowlty or parties executing the same, or proved by one or more of the edged.

ted out of the

subscribing witnesses thereto, in manner and form as is prescribed in the first section of the act, entitled "an act concerning deeds," passed April 12th, 1813, before any person specially authorised to take such acknowledgment or proof, by the court of chancery of this state, and that the acknowledgment or proof of such deed, conveyance or writing, taken by such person, in manner and form aforesaid, shall be of the like force and validity, and entitle the same to be recorded, as if the same were taken before a judge of the supreme court of

this state.

II. And be it further enacted, That every deed, conveyance or writing, of or concerning any lands, tenements or real estate, without this state, heretofore made, or hereafter to be made, acknowledged or proved, in manner and form as is prescribed in the first

in evidence.

section of this act, or in the first section of the act, entitled "an act concerning deeds," passed April 12, 1813, for taking the acknowl- May be read edgment or proof of a deed, conveyance or writing, of or concerning any lands, tenements or real estate within this state, may be read in evidence, in any court within this state, without further proof thereof, iu the same manner as it might be read, were it of or concerning any lands, tenements or real estate within this state.

testatum

ed.

III. And be it further enacted, That the court of chancery of Dedimus po this state, is hereby empowered to grant a writ of didimus potesta- may be is tem, under the seal of the said court, to any proper and discreet person or persons of good fame and credit, residing in the country where the said deeds, conveyances or writings, may have been, or may hereafter be executed, or in the country where the subscribing witness or witnesses to the same reside, giving power to any one of them to take such acknowledgment or proof, in manner or form aforesaid.

before the

Dublin and

valid.

IV. And be it further enacted, That all acknowledgments and Deeds noproofs of any deeds, conveyances or writings, heretofore made or knowledged hereafter to be made, by British subjects actually residing within mayor of the United Kingdom of Great Britain and Ireland, or the dominions provost of thereunto belonging, to any citizen or citizens of the United States, Edinburgh of or concerning any lands or real estate, within this state, taken or made, or hereafter to be taken or made, before the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, and duly certified under the hand and seal of office of the said mayor, provost or chief magistrate, shall be of the like force and validity, and entitle the same to be recorded, in like manner as if the same were taken before a judge of the su preme court of this state.

And whereas doubts have been suggested, whether the several commissioners appointed to perform certain duties of a judge of the supreme court, and the recorder of the city of Troy, have authority to take acknowledgments and proofs of deeds: Therefore,

V. Be it further enacted, That each and every acknowledgment or proof of any deed, conveyance or writing, of and concerning any lands, tenements or real estate within this state, which heretofore have Deeds ae knowledged been or hereafter may be made by any person or persons, before before the re either of the said commissioners, or the aforesaid recorder, such corder of Troy, &c va acknowledgment or proof being made, taken and certified in the lid. manner prescribed by the act, entitled "an act concerning deeds," shall be of the like force and validity, to all intents and purposes, and entitle the same to be recorded or registered, in like manner as though the same were taken or made before a judge of the supreme court of this state.

CHAP. LXX.

AN ACT to confirm certain procedings of the Johnstown turnpike company.

Passed Marh 10, 1817. WHEREAS the president and directors of the Johnstown turn pike company, by their petition to the legislature, have set forth,

that for want of information of the provisions of the general law respecting turnpike companies, the inspectors of the election of the said company were not chosen by the stockholders at the time prescribed by law, and that therefore the validity of the election of directors of the said company, held on the first day of the present month as well as the next succeeding election, may be questioned; for remedy whereof—

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the electon of directors of the Johnstown turnpike company, held on the first day of the present month, be and the same is hereby declared to be valid in law, as if the same election had been held by inspectors chosen by the stockholders at the last preceding election.

II. And be it further enacted, That it shall and may be lawful for the stockholders of the said company, at their next annual meeting, to choose inspectors of the election of directors, and that such election shall be as valid, as if the inspectors had been chosen at the last preceding meeting of the said stockholders.

CHAP. LXXI.

AN ACT to change the name of Henry Schoonmaker Wilkes. Passed March 10, 1817.

WHEREAS Henry Schoonmaker Wilkes, hath by his petition represented, that he has from his childhood lived with his uncle, Henry Schoonmaker, who having no child, has adopted and has expressed an intention of giving the petitioner a considerable portion of his estate, but is desirous that the name of the petitioner should be changed: Therefore,

Be it enacted by the people of the state of New-York, represented in senate and assembly, That the name of the said Henry Schoonmaker Wilkes shall be, and the same is hereby, changed to the name of Henry Y. Schoonmaker, by which name he shall henceforth be called and knowu, in all cases whatsoever.

CHAP. LXXII.

AN ACT for the relief of Sarah Schenck.

Passed March 10, 1817.

WHEREAS Sarah Schenck, the widow of Peter T. Schenck, late of the town of Bushwick, in the county of Kings, hath by her petition to the legislature, represented, that in consequence of the formation and structure of the road and bridges of the Williamsburgh turnpike road and bridge company, the navigation to her mid and dock, situated in the said town of Bushwick, at the junction of two certain branches of the New-Town creek, has been greatly interrupted, and at times rendered tedious, as well as difficult, and hath requested that she may be authorised by law to remove her

said mill, dock and the other necessary buildings, from their present situation to the northerly side of the easterumost bridge of the afore. said turnpike road and bridge company: And whereas it appears reasonable to grant such request: Therefore,

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be lawful for the said Sarah Schenck, and her heirs and assigns, at any convenient time hereafter, to remove her said mill, dock and all other necessary buildings, from their present situation to the northerly side of the easter most bridge of the Williamsburgh turnpike road and bridge company.

II. And be it further enacted, That that part of the New-Town creek aforesaid, and lying between the said mill and dock and a line one hundred and fifty feet north of the aforesaid easternmost bridge, and parallel therewith, shall be annexed to and considered as part of the mill ponds of the said Sarah Schenck, and to be and remain so far only as shall be necessary for the establishment of such mill and dock, for the only purpose, use, benefit and behoof oft he said Sarah Schenck, her heirs and assigns forever: Provided, That the said Sarah Schenck, her heirs and assigns, shall indemnify the adjoining owners of land for any damage they may sustain by reason of the erecting a dam across such creek.

CHAP. LXXIII.

AN ACT to incorporate the Block-house and Port Glasgow turnpike company.

་་

Passed March 10, 1817.

I. BE it enacted by the people of the state of New York, represented in senate and assembly, That Wilhelmus Mynderse, Frederick A. De Zeng, Oliver Whitmore, Norman Sheldon, and all such other persons as shall associate for the purpose of making a turnpike road, to begin on the north bank of the Canandaigua outlet, opposite to Lauraville, and running thence to Port Glasgow, on the eastern shore of Sodus bay, in the county of Cayuga, 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 block house and Port Glasgow turnpike company;" 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, aud 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 whatsoever, in all manner of actions and complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, réal, personal and mixed, for the use of the said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be such only as shall be necessary to fulfil the end and intent of the said corporation, and for no other purpose whatever. II. And be it further enacted, That the stock of the said company