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III. And be it further enacted, That from and after the first day Former act of July next, the first section of the act, entitled “an act relative to repealed. district attornies,” shall be and the same is hereby repealed. · IV. And be it further enacted, That if there shall be any county Provison.

where no diswithio this state, in which there shall reside no person of the degree trict attorney of couusellor at law in the supreine court, or where no district at shall reside. torney shall have been appointed, it shall be lawful for any court of oyer and terminer and gaol delivery or general sessions of ihe peace, to appoiol some person from time to time to transact the husiness of district attorney, during the then sitting of such court; and the person so appoioted shall be entitled to the same compensation for the services be shall perform, as any district attorney appointed by virtue of this act, and his account shall be audited and paid io like manger as the accouots of district attoroies are audited and paid. V. And be it further enacted, That no travel fees shall be allow- Travelling

fees abolish ed to any district attorney appointed pursuant to this act.

ed. VI. And be it further enacted, That the compensation which is Supervisors

of each coun. allowed by law to the said district attornies shall be paid by the re

ty to pay the spective counties, for which the said district attoroies shall be ap- fees of its dis

rict attornies pointed, and that their accounts, to be taxed by any officer authorised to tax costs in the supreme court, shall be allowed by the supervisors of tbe said counties respectively, and the amount thereof assessed and collected as part of the contingent espences of said county.

VII. And be it further enacted, That all fipes and recognizances Fines, &c. to which may be imposed and forfeited in any of the counties within be collected this state, shall be collected by the ditrict attoroies thereof, and paid tornics. to the county treasurer for the use of the county. VIII. And be it further enacted, That the courts of common Common

plear may ra pleas of the several counties within this state, of which the first or mit &c. ines presiding judge shall always be one, for the purposes herein expressed, shall possess the like powers relative to the collection aod remission of fiues aud forfeited recoguizances, as are by law for that purpose vested in the court of exchequer. IX. And he it further cnacted, That no district attorney shall ex. Allowance

for certain act, demand or receive or be allowed any greater or other see or reward for the services hereio specified, than after the rate following, district atior. to wit: for drawiog every iodictment actually agreed to by the grand jury, at any court of oyer and terminer and gaol delivery and general sessions of the peace, niveleen cents for every folio contaioing givety words, and for engrossing, twelve and a half cents per folio; but no allowance to be made for any indictment which shall be quashed, or upon which the judgment is arrested by reason of its ipsufficieucy. Every bench warrant actually and necessarily is. sued to bring in a defendant, twenty five cents, but no allowance to be made for more than one warrant on every indictment against several defendauts, who reside in the same couny, nor a secoud war. rant upon the same iudictment, unless the previous warrant shall bave been duly returned, not served, after a reasonable time for the bervice thereof shall have been allowed, arguing the matter where the defendant shall submit, one dollar and twenty five cents, but no

services by

pies.

allowance to be made, unless the same is in fact argued. Every subpoena actually issued, twenty five cents, but no allowance to be made for more than one subpoena for each witoess on any one io. diclment.

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AN ACT for the relief the President, Dircctors and Company of the Hills dale and Chatham turnpike roa:l.

Passed April 21, 1818. Be it enacled by the People of the Slale of New York, represented in Senate and Assembly, That it shall and may be lawful for the president, directors and company of the Hillsdale and Chatham iuropike road, to execute, under their seal, a release to the people of this state of all their right and title in and to all that part of the said road, commencing at the intersection thereof with the Rensselaer and Columbia turopike road, and extending from theoce southerly the distance of five miles and no more, and to cause such release to be entered of record, in the book of deeds kept by the clerks of the counties of Columbia and Rensselaer respectively, and that from and immediately after the entry of such relcase, the said president, diTectors and company shall be released from all responsibility and Jiability to keep that part of the said road so released in good order and repair, and that all that part of the said road so released; shall thenceforth be deemed aod considered a public highway, to be kept in repair, and subject to such regulations and alterations as the other highways within this state: Provided however, that such release shall contain a clause releasing the right of said company to erect the additional toll gate authorised by the tenth section of their act of incorporation : And provided further, that nothing io this act contained, shall be construed to defeat or impair the right of said company, or to release them from the obligation imposed upon themi by the said act of jocorporation, as to the residue of the road authorised or directed to be made, improved and kept id repair, in and by the said act.

CHAP. CCLXXXV.

AN ACT in addition to an ac!, enlilled an act declaring part * of the outlet of 'Crooked Lake a public highway," passed March 24, 1809.

Passed April 21, 1818. 1. Be it enacted by the people of the state of New York, repre

sented in senale and assembly, That all that part of the outlet of Tet deelared Crooked lake, from Waggoper and Gilletts mill pond to the town of

ish. Benton, down to the falls of said outlet, in said town of Beoton, be way,

- And the same is hereby declared a public highway.'

A certain part of out.

a public high

II. And be it forlher cracle. That the owner or owners of any De-y of own? mill or other dam or dams across said outlet, (or such part thereof ers of mills

and dams as is hereby declared a public bighway) shall, as soon as hereafter directed, so alter the same by making a slope or aprop thereto on an angle of out more than forty-live degrees, planked iu such maner, and of sufficient width as to asford a convenient passage for saw logs over such dam or dams; and io case the owner or owners of any such dam or dams, shall neglect to alter the same as afor, sa'i,

Penalty for

neglect. within the time above mentioned, such owner or owners shali for each and every year that they shall neglect or refuse to comply as as aforesaid, forfeit and pay the sum of one hundred dollars, to be recovered with costs of suit, by any person who shall prosecute for the same, the one half to be paid to the overseers of the poor in the town or towos in which the offence shall have been committed, aud the other half to the person prosecuting for the same.

III. And be it further enacted, That nothing hereio contained shall be so coostrued as to prevent any person owning a mill seat or other privilege od said outlet from erectiog a dam or dams across the sanje, provided such dam or dams shall be so constructed as not to ioterfere with the privileges intended to be given by this act. IV. Ani bc it further enacted, that if any person shall, after

Penalty for the passing of this act, so obstruct the oavigation of said outlet, by obstruoting the erection of any dam, or by falling timber across or into the

navigation same, the person so offeading shall forfeit the sum of twenty-five dollars for every such offerre, to be recovered with costs of suit, by any person who shall prosecute for the same, the one half to be paid to the overseers of the poor of the town in which the offence shall have been committed, the other half to the person prosecutiog for the same.

V. And be it further enacted, That the person or persons who Duty of onde shall consider themselves aggrieved by any obstraction, forthe want of ers &c. in au apron on any such dam or dams, that are now or shall hereafter prons to their be constructed on the said outlet, such owner or owners, on the plication of such person or persons, shall, as soon as may be thereafter, so construct such apron as will admit the floating logs over the same, agreeable to the intentions of this act; and such order or owners, so constructing their dam or dams as aforesaid, shall be eotitled to receive from such person or persons, " 60 applying for the building such aprop, such reasonable expenses as the same shall cost, and necessary to be expended ; ant io case of any disagreement as

ap

Accounts to such expeose between the parties, such accounts shall be auclited how adjustby three commissioners, who shall be appointed by the court of comedi mon pleas, in and for the county of Oncario, and their decision shalt be conclusive.

dams.

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εται ρητά

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New Leba. non erected.

CHAP. CCLXXXVI.
AN ACT to divide the toron of Canaan, in the county of Columbia.

Passed April 21, 1818. Town of 1. Be it enacted by the people of the state of New York, represen

à ted in senate and assembly, That from and after the thirty-first

day of March, in the year one thousand eight bundred and vine, teen, all that part of the town of Canaan lying north of a live begioving on the eastern boundary line of said towi, five miles and three quarters of a mile from the northero end thereof; theoce ruoping westerly uotil it intersects the division line between the towns of Capaag and Chatham, tbree miles and a half south of the northera boundary line of the said county of Columbia, shall be and hereby is erecled into a separate town to be called by the name of New Lebapod; and that the first town meeting shall be held at the dwelling house of Isaac Everest, ia said towu, on the first Tuesday in April

pext. Capaan. II. And be it further enacted, That all the remaioing part of the

town of Canaan shall be and remain a separate town, by the name of Canaan, and that the next town meeting shall be held at the dwel

Ling house of Ebenezer Southerland, in said towo. Poor and III. And be it further enacted, That as soon as may be after money divi: the first Tuesday in April next, the supervisors and oversees of the

poor of the towns of New-Lebanon and Canaan, notice belog first given for that purpose, shall meet together and divide the money and poor belonging to the town of Canaan previous to the division, agreeable to the last tax list, and that each of the said lovos shall

forever thereafter respectively maintain their own poor. Town debts IV. And be it further enacted, That each of the said towns of How paid. Capaan and New. Lebanon, shall pay an equal balf part of the pub

lic debts of the present towu of Canaan,

of Canaan

CHAP. CCLXXXVII.
AN ACT for the relief of Charles Hatch.

Passed April 21, 1818. WHEREAS, John Cochran, junior, on the first day of July, in the year of our Lord one thousand and eight houdred, obtained a grant by letters patent of lot number six, in a patent of land granted to Nathaniel Mallory and others, and io order to secure the payment of two hundred and ninety one dollars and twelve cepts, with iuterest at six per cent. per anoum, mortgaged the said lot of land to the people of the state of New York: And whereas, the said lot of land was stated in the said letters pateot to coutain three hundred and seventy-one acres and three quarters of an acre of land: And whereas, by an inspection of the boundaries and description of the said Jõt of land, as coutained in the said letters patent, there appears to be

* mistake and deficiency of cighty-eight acres of laod io the said lot: And whereas, the said Charles Hatch has, by his petition, represented that he has purchased of the said John Cochran, jud. the porth end of the said lot of land, believing it cogtaiged two bundred and fifteen acres and three quarters of land, and agreed with the said John Cochran, juo. to pay to the people of this state the sum due to them for so much of the said lot; and that the said deficiency falls exclusively on him the said Charles Hatch: Therefore,

Be' il enacted by the People of the State of New York, repregented in Senate and assembly, That the comptroller, be and he is hereby authorised and required to endorse on the said mortgage of the said Jobo Cochran, junior, the payment of sixty-six dollars, together with the interest thereoil, at six per cent. from the date of the said mortgage, for the use and benefit of the said Charles Hatch..

CHAP. CCLXXXVIII.

island in lake

ded to the

Further pro

AN ACT to cede the jurisdiction of cerlain lands on lake Ontario to the United States, and for other purposes.

Passed April 21, 1818. I. Be it enacted by the people of the state of New York, represen- 'Certain land

on the Galioo ted in senate and assembly, That the commissioners of the land of ille fice of this state, be and they are hereby authorised and required Ontario ceto cede to the United States, the title and jurisdiction of this state u. S. to so much land on the Galloo island ou lake Ontario, within tbis state, as they shall deem pecessary for the purpose of erectiog a light house thereon : Provided always, that the tract of land 50 Proviso. granted shall not exceed five acres: and provided further, that such cession shall not impede or prevent the execution of any process vise at law udder the authority of this state, except against the real or personal property of the government of the United States.

II. And be il further enacted, That that the property so ceeded Land ceded shall be, and hereafter is exonerated aod discharged from any tax. not

not subject es which may be laid or imposed under the authority of the gov. tax. ernment of this state, while said laod shall remain the property of the government of the United States, and while the same shall be appropriated to the purpose intended by this act, and not otherwise.

III. And be it further enacted, That it shall be lawful for the Gov. to diperson administering the goveroment of this state, to appoint such rect the forti person or persous to take charge of the fortifications belonging to the narrows this state at the barrows, as he may think proper; and that he may inch

in charge. allow such compensation for the services and expenditures iu the premises, of such person or persons, as he may think just, vot exceeding in the whole at the rate of five hundred dollars per annum; Compensa. which compensation shall be paid by the treasurer, on the warrant tion allowed. of the comptroller.

IV. And be it further enacted, That that the treasurer, on the war. 1670 dollars rant of the comptroller, pay to the orderof the person administering the app government of this state, the sum of sixteen hundred and seventy dol. certain ac

to any state

fications at

to be taken

counts.

appropriated

paying

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