Chap. 553. AN ACT to repeal chapter one hundred and eleven of the Laws of eighteen hundred and fifty-six, establishing special road district number four in the town of Carrolton, county of Cattaraugus. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: trict. SECTION 1. Chapter one hundred and eleven of the laws Road disof eighteen hundred and fifty-six, entitled "An act to establish special road district number four in the town of Carrolton, county of Cattaraugus," is hereby repealed. This act shall not affect any contract made by the commissioner of said special road district. 2. This act shall take effect immediately. Chap. 554. AN ACT to provide for the payment of a just compensation to Daniel McQuigg, Samuel A. Hetfield and John C. Foster. Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The canal board are hereby authorised and Award required to examine and determine the claim of Daniel McQuigg, Samuel A. Hetfield and John C. Foster, for a just and equitable compensation for work done by them under their contract with the state, for constructing the Seneca river aqueduct, and section number two hundred and two of the Erie canal enlargement, connected therewith, and to award to them such sum as shall be just and equitable, for cutting and preparing the stone for arches, Passage of boats, &c. furnished by the state, and for removing old coffer dams, erected by former contractors; and also such additional compensation as shall be just and equitable on account of any work done, not embraced in said contract, § 2. The canal board are hereby required to pay to the said Daniel McQuigg, Samuel A. Hetfield and John C. Foster, the fifteen per cent retained by virtue of said contract, and also any other balance their due by the terms of said contract, with interest from the time the same became due; but the said fifteen per cent and interest shall not be paid until the work has been completed. § 3. The treasurer shall pay, on the warrant of the auditor of the canal department, any sums that may be awarded to said claimants, under and by virtue of the first or second sections of this act, out of any moneys in the treasury, appropriated or to be appropriated to the enlargement of the Erie canal. § 4. This act shall take effect immediately. Chap. 555. AN ACT to amend an act entitled "An act to incorporate the Binghamton, Owego and Pennsylvania Slackwater Navigation Company," passed April ninth, eighteen hundred and fifty-five, Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The fourth section of the act entitled "An act to incorporate the Binghamton, Owego and Pennsylvania Slackwater Navigation Company," passed April ninth, eighteen hundred and fifty-five, is hereby amended so that the same shall read as follows: § 4. The said company shall so construct their locks as to admit of the passage of boats, arks and rafts, and they shall have full power to own and use steam tugs, boats and other vessels that may be necessary or convenient for the transportation of persons or property, and to transport such persons or property, and to tow canal boats or other vessels or property for other persons, and to charge and receive such compensation for all such transportation or towing, and such rates of toll and lockages upon all vessels or property transported upon said river, and to make such disposition of the water power as the directors shall from time to time prescribe, for the purposes of navigation, subject, however to the power of the legislature to regulate or Tolls, &e. reduce said tolls and charges; whenever the nett earnings upon the capital stock shall exceed eight per cent per annum; and every person wishing to navigate said Susquehanna river shall have full liberty to do so, by paying the charges therefor, so to be prescribed by the directors as aforesaid, and any person so navigating and refusing to pay such tolls and charges, shall forfeit and pay to the said company twice the amount of such tolls and charges, to be recovered by the said company, with costs of suit, in any court having jurisdiction thereof. In case the said company shall find it for its interest, at any point or points, to avoid difficulties or obstructions in said river by making canals around the same, they shall have power to do so, and all the provisions of this act shall apply thereto, and to the obtaining the right of way and the assessment of damages therefor, the same as if such canals had formed a part of the bed of the said Susquehanna river. In case said company shall find it expedient or necessary for the promotion of its interests to make a slackwater navigation further up Slack wa the Susquehanna river, they shall have the right to do so, tion." and all the provisions of this act shall apply thereto, but the same shall not be extended further up said river than the north line of the county of Broome. ter naviga § 2. In case any damage shall be done to any person or Damages, persons by overflow of water or otherwise, by reason of any grant, rights or privileges given by this act or the act hereby amended, the said corporation shall be liable, and the people of this state shall in no event be liable to any party or person by reason of any damages resulting from the acts of the corporation by the authority hereby granted. § 3. This act shall take effect immediately. Removal of office. Corporation. Chap. 556. AN ACT to authorise the New-York Indemnity ness. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for the New-York Indemnity insurance company, whose principal place of business is Broadalbin in the county of Fulton, to remove its principal office or place of business from Broadalbin aforesaid, to the city of Albany, on filing a certificate of such removal with the comptroller. § 2. This act shall take effect immediately. Chap. 557. AN ACT to incorporate the Western education society. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Ezra A. Huntington, Josiah N. Starin, Edwin Hall, Richard Steel, Jonathan B. Condit, Sylvester Willard, Samuel N. Hopkins, George Underwood, Philemon H. Fowler, Jacob M. Schermerhorn, William H. Goodrich, Aristarchus Champion, Frederick Starr, Jr., Gaius B. Rich, Albert T. Chester, Albert H. Goss, Harmon Woodruff, Frank L. Griswold, and their successors, shall be and remain a body politic and corporate, in fact and in name, by the name of "The trustees of the Western education society," and by that name shall have continual succession, and shall be able in law to sue and be sued, implead and impleaded in all courts and places whatsoever, and may have a common seal, and may change and alter the same at their pleasure; and also shall be able to take by purchase, gift, grant, devise, or in any other manner, and to hold any real and personal estate whatsoever, provided always, the clear yearly value of the estate of this corporation shall not exceed the sum of thirty thousand dollars; and also, that they and their successors shall have power to give, grant, bargain, sell, demise, or otherwise dispose of all or any part of the said real and personal estate as to them shall seem best, to advance the object of ministerial education. meeting. § 2. This corporation shall hold an annual meeting in Annual the city of Auburn, in connection with the anniversary exercises of the Auburn theological seminary. At the first meeting succeeding the passage of this act, the trustees herein named, shall be divided into three equal classes, which shall by lot be indicated as first, second and third. The term of office of the first class shall then expire, of the second class, one year thereafter, of the third class, two years thereafter; the said trustees, however, shall retain their office until their successors shall have been duly elected. At each annual meeting of this corporation, the commissioners of the Auburn theological seminary, who represent the presbyteries comprising the synods of Utica, Susquehanna, Onondaga, Geneva and Genesee, together with such life members of the western education society as may be present at said meeting, shall elect six trustees, who shall hold office for three years, as successors to those whose term of office shall then expire; and shall fill any vacancies which may exist in the board of trustees, arising from any cause whatsoever. § 3. This corporation shall enjoy the privileges and be subject to the restrictions contained in the third title of the eighteenth chapter of the third part of the revised statutes of the state of New-York. § 4. This act shall take effect immediately. |