the said town of Scipio: thence north, on the west lines of the said towns of Scipio and Aurelius, to the north-west corner of lot number seventy, in the east Cayuga Reservation, in the said town of Aurelius: thence east, on the north lines of lots number seventy, seventy-one, seventy-two, seventy-three. seventy-four, and seventy-five, to the east line of the east Cayuga Reservation: thence south, on the east line of said Reservation, to what is commonly called the north fork of Gearheart's creek, or, the Great Gully, in the said Reservation, in the said town of Scipio; thence westwardly, pursuing the course of said creek, or gully, to the east line of lot number seventeen, in the Cayuga Residence Reservation : thence south, to the south-east corner of said lot number seventeen thence west, on the south line of said lot, to the place of beginning; shall be, and hereby is erected into a separate town, by the name of Spring Port; and that the first town meeting be held at the house now occupied by John Yawger, innkeeper, in the said town of Aurelius. vided IV. And be it further enacted, That the supervisors and over- Poor and mo seers of the poor, to be elected for the said towns of Ledyard, Ve- nies to be di nice, Scipio, and Spring Port, shall meet together at the house of Seymour Partlow, in said town of Scipio, on the second Tuesday in May next, and apportion the money and poor belonging to the said town of Scipio at the time of passing this act, among the said towns hereby erected, according to the last tax list: Provided Proviso however, That the said town of Spring Port receive the said money and poor, according as it is interested in the said town of Scipio at the passing of this act; and that each of the said towns shall thereafter maintain and support their own poor. school mo V. And be it further enacted, That it shall be the duty of the Provision as commissioners for the time being, elected under the act, entitled to certain “An act authorizing the sale of lot number one, in the town of nies, &e Scipio," passed 2d February, 1821, to meet with the supervisors and commissioners of common schools of the said towns of Ledyard, Venice, Scipio, and Spring Port, on the second Tuesday in May next, at the house of Seymour Partlow, in the said town of Scipio, and to apportion among each of the said towns, the monies remaining in their hands unappropriated, together with the bonds and mortgages taken by them on the sale of said lot, or of any loans made by them, according to the last tax list, and to pay over and deliver up to the commissioners of common schools of the said towns respectively, their proportion of said monies, bonds, aud mortgages, to be appropriated as aforesaid; and the said commissioners of common schools for the said towns, and their successors in office, are hereby authorised and required to apply the monies in their hands, and the principal and interest arising from the said bonds and mortgages, in the manner prescribed by the said recited act, and according to the true intent and meaning thereof: Pro- Proviso vided however, That the said town of Spring Port receive the said monies, bonds, and mortgages, according as it is interested in the said town of Scipio, at the passing of this act. provision VI. And be it further enacted, That the trustees of the town Further like of Aurelius, under the act concerning gospel and school lots, passed April 20, 1813, together with the supervisors and commissioners of common schools of the said towns of Aurelius and Spring Port, Justices in shall meet together on the second Tuesday of April next, at the house of Chauncy Coe, in the village of Auburn, in said town of Aurelius, and apportion to the said town of Spring Port, such portion of the bonds and mortgages, other securities, and monies, then held by the said trustees of Aurelius, and by the commissioners of common schools of that town, as the said town of Spring Port shall be justly entitled to, according to the last tax list; and that, on such division, the town of Spring Port shall receive of the said funds and securities, in proportion to the part of such town taken from Aurelius; and that the commissioners of common schools of the said town of Spring Port, and their successors, shall apply the said funds and interest thereof, in the manner required by the fifth section of this act. VII. And be it further enacted, That it shall be the duty of the saidtowns the supervisors and judges of the county court of the county of Cayuga, on the third Tuesday in February next, to nominate the requisite number of persons for justices of the peace of the said towns of Ledyard, Venice, Scipio, and Spring Port, in the manner and form prescribed by the act, entitled "An act regulating the time and manner of electing general state officers, justices of the peace, and prescribing the number of coroners to be elected in each county by the people," passed 12th April, 1822. Duty of com land office CHAP. XXIII. AN ACT for the Relief of the Occupants of Lot number Eighty- cheated to the State. Passed January 30, 1823. BE it enacted by the People of the State of New-York, remissioners of presented in Senate and Assembly, That the commissioners of the land-office be, and they are hereby directed, in issuing letters patent to any of the occupants of lot number eighty-five, in the township of Hector, in the military tract, escheated to the state, to require payment of the one-eighth of the appraised value of said lot, and one-eighth of the attorney-general's costs, and of the expense of surveying and appraising the same, and to take bonds and mortgages on the premises for the residue, payable in six equal annual instalments, with interest at the rate of six per cent, per annum, any thing in any former law to the contrary notwithstanding. Town meet ings in Oak Orchard CHAP. XXIV. AN ACT further to amend the act, entitled, “An act to divide the Towns of Ridgeway and Gaines, in the County of Genesee, and for other purposes," passsed April 17, 1822. Passed January 31, 1823. 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, the town of Oak Orchard, in the county of Gene see, shall become a separate town by the name of Oak Orchard; [erected in 1822] and the first town meeting shall be held at the house of Matthias Brown, on the second Tuesday of Februray next; and the annual town meetings bereafter to be held in the said town, shall be held on the second Tuesday of February in each and every year; any thing in the act hereby auiended, to the contrary notwithstanding. 1. And be it further enacted, That the several town officers, Duty of town whose duty it is to meet on the last Tuesday in March, shall meet on the first Tuesday in February to do and transact such business as to their respective offices appertain. officers CHAP. XXV. AN ACT relative to the Offices of Comptroller and Secretary of State. Passed January 31, 1823.. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That in case a vacancy shall occur in the office of comptroller, or secretary of state, by death, or otherwise, it shall be the duty of the deputy comptroller, or deputy secretary, as the case may be, to execute and perform all the duties requred by his principal. until such vacancy shall be filled; and they are hereby authorized and empowered to perform the same. Vacancies provided for CHAP. XXVI. AN ACT to divide the Town of Angelica, in the County of Allegany, into three Towns. Passed January 31, 1823. 1. BE it enacted by the People of the State of New-York, re- Town of Scio presented in Senate and Assembly, That from and after the last crected Saturday in March next, all that, part of the town of Angelica, comprising townships number one and two, and the south half of township number three, in the second range; and the west half of townships number one and two, and the southwest quarter of township number three, in the first range of Morris' reserve, be and the same is hereby erected into a separate town, by the name of Scio, and the first town meeting shall be held at the schoolhouse, near Smith's mills, in said town. ་ len erected II. And be it further enacted, That from and after the last Town of Al Monday in March next, all that part of the town of Angelica, containing the fifth township in the second range, and the west half of township number five, together with lots number twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, in the last mentioned township, in the first range of said Morris' reserve, be and the same is hereby erected into a separate town, by the name of Allen; and the first town meeting shall be held at the house of Josiah Whitman, in said town; and all the remaining Money and vided part of said town of Angelica, shall be and remain a separate town; and the first town meeting shall be held at the house of Hugh McGee, in the village of Angelica. III. And be it further enacted, That as soon as may be, after the first Tuesday in April next, the supervisors and overseers of poor to be di the poor of the aforesaid towns, shall, by notice to be given for that purpose by the supervisors thereof, meet together and apportion the poor and money belonging to the same, previous to the division of said town of Angelica, agreeably to the last tax list, and that each town shall forever thereafter support their own poor. Justices to be appointed IV. And be it further enacted, That the supervisors and judges of the court of the county of Allegany, shall, at their meeting on the third Tuesday of February next, appoint four justices of the peace for each of the said towns, in the manner provided for by law. Powers of ways CHAP. XXVII. AN ACT to authorise the Commissioners of Highways, in the Passed February 3, 1823. BE it enacted by the People of the State of New-York, recommission presented in Senate and Assembly, That it shall be lawful for the ers of high commissioners of highways in the town of New-Utrecht, in the county of Kings, or a majority of them, to lay out a road two rods wide; to begin at New-Utrecht lane, and from thence to Yellow Hook, in the aforesaid town, any law to the contrary notwithstanding, but in all other respects. to proceed according to the act regulating highways in the counties of Suffolk, Queens, and Kings, passed April 2d, 1813. Penalty for nets, &c CHAP. XXVIII. AN ACT to regulate the Salmon Fishery, in the County of Passed February 3, 1823. I. BE it enacted by the People of the State of New-York, reAshing with presented in Senate and Assembly, That from and after the first day of March next, it shall not be lawful for any person or persons, to set any net, or make any wiers, or obstruction, in any of the bays, or streams, in the county of Monroe, or within sixty rods of the mouths thereof, that may obstruct the salmon in their usual course up said bays, or streams; and every person offending herein, shall, for every such offence, forfeit the sum of ten dollars, to be recovered, with costs of suit, by action of debt, in any court having cognizance thereof, the one half of which forfeiture, when recovered, shall be paid to the prosecutor, and the other half to the treasurer of said county, for the use and benefit of the poor, charge able to such county. II. And be it further enacted, That it shall be no objection to Competency the competency of any juror or witness in any such suit, that he of jurors and is a taxable inhabitant of said country. witnesses CHAP. XXIX. AN ACT for the relief of the Trustees of the Tomhunnock Passed February 5, 1823. 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 the trustees of the Tomhannock Methodist Espiscopal Church, in the town of Pittstown, and county of Rensselaer, or their successors in office, at any time hereafter, to sell and dispose of a certain lot of ground containing about four acres, with a dwellinghouse thereon, which they now hold, situate in the said town of Pittstown, and to execute a conveyance thereof, in fee simple, to the purchaser or purchasers. CHAP. XXX. AN ACT to erect a new County from part of the County of Ontario, by the name of Yates, and for other purposes. Passed February 5, 1823. Authority te sell Yates creet ed 1. BE it enacted by the People of the State of New-York, re- County of presented in Senate and Assembly, That all that part of the county of Ontario, comprising the territory hereinafter mentioned, viz: the towns of Benton, Milo, Middlesex, Italy, and Jerusalem, in the county of Ontario, shall from and after the passing of this act, be a separate and distinct county, of the state of New-York, and shall be known and distinguished by the name of Yates. And the freeholders and other inhabitants of the said county of Yates shall have and enjoy all and every, the same rights, and powers, and privileges, as the freeholders and inhabitants of any of the counties of this state, are by law entitled to have and enjoy. Courts in that II. And be it further enacted, That there shall be held in and for the said county of Yates, a court of common pleas, and a court county of general sessions of the peace, to be held in three terms, to commence as follows, to wit: the first term of the said courts shall begin on the first Tuesday of June, and the second term of the said courts shall begin on the first Tuesday of October, and the third term of the said courts shall begin on the second Tuesday of January, in each and every year; and each of the terms of the said courts may continue to be held until the Saturday following the said Tuesdays, inclusive: and the said courts of common pleas and general sessions of the peace, shall have the same jurisdiction, powers and authority, in the said county, as courts of common |