Rights reser ved within half a mile of said bridge, during the term of twenty-five years, or whilst the said bridge is kept in repair. VIII. And be it further enacted, That the legislature may, at any time or times hereafter, alter, modify or repeal this act. Preamble pervisors &c CHAP. CLXII, AN ACT to enable the Fall Hill Turnpike and Bridge Company to dispose of their Bridge, and to authorise the Supervisors of the County of Herkimer to purchase the same. Passed April 15, 1823. WHEREAS the inhabitants of the county of Herkimer, and the president and directors of the Fall Hill Turnpike and Bridge Company, have by their respective petitions, requested the legis lature to pass a law, authorising the sale of the bridge of said company to the supervisors of said county: Therefore, Duty of su 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be Jawful for the supervisors of the county of Herkimer, or a majority thereof, to purchase the bridge across the Mohawk, at the Little Falls, belonging to said company, for the use of said county, and for the benefit and convenience of public travel, free of toll; and it shall be lawful for the president and directors of the said Fall Hill Turnpike and Bridge Company, to sell the said bridge to the supervisors of said county and their successors in office, at such appraised value as shall be agreed upon by any three respectable freeholders, or a majority of them, who shall be appointed by the judges of the court of common pleas present at any term of said court, when thereunto required by a majority of the supervisors in said county; and the president and directors of said company, or any person duly authorised by them, which appraisers shall, before they enter upon their duties, take an oath or affirmation, that they will respectively, honestly and impartially appraise the same, whose appraisement shall be conclusive in the premises: Provided however, That in making such appraisal, nothing shall be considered or allowed for any privilege or franchise which the said company may have by virtue of their charter, but the real value of the bridge and abutments shall only be appraised; and the amount at which they shall appraise the same, and one half the expenses, shall be raised, levied and collected in said county, as other contingent charges of said county are by the supervisors thereof, the one half thereof the first year, and the other half, with interest thereon, the second year next after such appraisement; and that upon such appraisement being made, the powers granted in and by the act to incorporate the said Fall Hill Turnpike and Bridge Company, and the acts amending and further to extend their charter, shall cease and be no longer held or exercised by said company, but the commissioners of highways of the towns of Herkimer and German Flatts, shall thereafter have and exercise the same care and possession of the bridge at this place, which they have of the Proviso other free bridges across the Mohawk river, in said county of Herkimer. ty treasurer II. And be it further enacted, That it shall be the duty of the Duty of coun treasurer of the said county, on receipt of said instalments, to pay the same to the treasurer of said Turnpike and Bridge Company, and take his receipt and final discharge for said bridge. III. And be it further enacted, That it shall and may be lawful for the said president and directors of said company, to sell and convey all their right and title to the toll-house and the ground upon which it stands, at any time after the passing of this act, to any person. Toll house and ground &c CHAP. CLXIII. AN ACT to erect a new Town, from the westerly parts of Marbletown and Hurley, and aesterly part of the Town of Shandakan, in the County of Ulster, and for other purposes. Passed April 15, 1823. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of February next, all those several parts of the towns of Marbletown, Hurley and Shandakan, comprehended in the following boundaries, viz.: beginning at a heap of stones, on the south side of the Sabeaty road, being the north-easterly corner of a lot of land distinguished on a map made by Jacob Chambers, Junior, of the Marbletown commons, by lot number eighteen, now or formerly belonging to Isaac Hasbrouck and sisters, and being also the northwesterly corner of a tract of land known by Krom's Vly, from thence running north-easterly in a straight line to the north-east corner of a lot of land belonging to Ralph Trowbridge, on the bounds of lot number twenty-three, and from thence running northeasterly in a straight line to the south-westerly corner of lot number twenty-one, then along the west bounds of lots number twentyone, twenty and nineteen, to the south-west corner of a lot of land belonging to Andrew Davis, then along the westerly bounds of said lot to the bounds of a lot belonging to the heirs of William Peck, deceased, then in a straight line to the south-west corner of a lot of land belonging to Matthew Oliver, then along the westerly bounds of said lot and the westerly bounds of Simeon Schoonmaker, to the Esopus creek, then across the Esopus creek in a straight line to the north-east corner of a lot of land called Graves Vly, in the division line between Hurley and Marbletown, then following said division line north-westerly to the division line between the first and second allotment of the Hurley pattentee woods, then following said division line to the north-easterly corner of the expense lot in said tract, then north to the bounds of the town of Woodstock, then along said bounds to the north-east corner of the town of Shandakan, then along the bounds of Shandakan. to where said bounds intersect the Little Beaver Kill, then down said kill to the Esopus Creek, then across said creek south seventy degrees, west two hundred chains, then in a straight line to the north-west corner of the town of Rochester, then on the division line between Town of Olive erect cd tains its Marbletown and Rochester, so far that a line bearing north, forty degrees east, will strike the place of beginning, is hereby erected into a new town, by the name of Olive; and that the first town meeting shall be held at the house of Uriah Schutt, in said town, on the second Tuesday of May next. Residue re II. And be it further enacted, That the remaining parts of the towns of Marbletown, Hurley and Shandakan, shall be and remain separate towns, by those names respectively. names Division of poor III. And be it further enacted, That as soon as may be, after money and the second Tuesday of May next, the supervisors and overseers of the poor of said respective towns, on notice being first given for that purpose by the supervisors thereof, shall meet together at the house of Uriah Schutt aforesaid, and divide the money and poor belonging to the said towns of Hurley, Marbletown and Shandakan, previous to the division thereof, agreeable to the last tax lists in said towns; and that each of the said towns shall forever thereafter respectively maintain their own poor. Justices Gaol limits IV. And be it further enacted, That such justices of the peace as have been recently appointed to office, residing in the bounds of the said town of Olive, shall be and hereby are declared justices of the peace of said town. V. And be it further enacted, That it shall be the duty of the judges of the court of common pleas for the county of Ulster, at the next term of the said court, to lay out the limits of the gaol of the said county, in a square as near as may be, so that the courthouse in the village of Kingston shall be the centre of such square, and the exterior lines thereof shall, as near as may be, be equidistant from the said court-house, any law to the contrary notwithstanding. Preamble Duty of Presi ess Medical Society CHAP. CLXIV, AN ACT for the relief of Marinus V. Wheeler and others. WHEREAS Abraham Delamatter and John F. Bartlett, of the county of Dutchiess, have neglected to file the certificates of Marinus V. Wheeler, William Delamatter and William G. Reed, students of physic and surgery, as by law required: Therefore, BE it enacted by the People of the State of New-York, redent of Dutch presented in Senate and Assembly, That the president of the Medical Society of the county of Dutchess, be and he is hereby authorised to receive and file the certificates of the above named Abraham Delamatter and John F. Bartlett, and the time so certified shall be allowed to the above named Marinus V. Wheeler, William Delamatter and Griffin W. Reed, in the same manner and with like effect, as if the certificates had been filed, as required by the first section of an act, entitled "An act to amend an act, entitled an act to incorporate Medical Societies, for the purpose of regulating the practice of physic and surgery in this state," passed April 20th, 1818. CHAP. CLXV. AN ACT to open and improve the Road through the Oil Spring Indian Reservation, in the Counties of Allegany and Ĉatta`raugus. Passed April 15, 1823. 1. BE it enacted by the People of the State of New-York, re- Commission presented in Senate and Assembly, That Samuel H. Morgan, of ers appointed the town of Cuba, in the county of Allegany, and Henry Conrad, of the town of Hinsdale, in the county of Cattaraugus, be, and they are hereby appointed commissioners to improve the road, as laid out by said Samuel H. Morgan, Andre Bennet, and John Hoyt, late commissioners to lay out a road from Caneadea reservation, in the county of Allegany, to the state road, near Hick's tavern, in the county of Cattaraugus. 11. And be it further enacted, That it shall be the duty of the Monies paye treasurer of the county of Allegany, to pay the aforesaid commis- ble to them sioners, or their order, the sum of four hundred and twenty dollars, out of the first money that shall come into his hands after the first day of October next, for taxes due to the treasurer of this state, and the receipt or receipts of the commissioners appointed by vira tue of this act, shall be passed to the credit of the said county trea surer by the comptroller, when presented to him, which money shall be faithfully applied by said commissioners, in opening and improving said road: Provided, That the above sum of four hun- Proviso dred and twenty dollars shall be deemed and taken to be in full of all monies appropriated for the counties of Allegany and Cattaraugus, by the acts passed April 7, 1819, and March 24, 1820, to improve the agriculture of this state, to the time of passing this act. ill. And be it further enacted, That the said commissioners shall, previous to their entering upon the duties of their office, taken take and subscribe an oath, before one of the judges of the court of common pleas in and for the said county of Allegany, that they will well and faithfully apply the money that shall come into their hands by virtue of this act, to the best of their knowledge and ability, which oath shall be filed in the clerk's office of said county. IV. And be it further enacted, That it shall be the duty of the Duty to as commissioners aforesaid, to account with the comptroller of this count & state for the faithful expenditure of all the monies received as aforesaid, within one year from the time they shall receive the same, retaining only in their hands one dollar each day they shall necessarily be employed about said road. CHAP. CLXVI. AN ACT authorising Newel Evans and Jehiel Evans, to build a Dam across the Susquehannah River. Passed April 15, 1823. Oath to b I. BE it enacted by the People of the State of New-York, re- Dam to be presented in Senate and Assembly, That it shall and may be law-erected &c ful for Newel Evans and Jehiel Evans, their heirs and assigns, tó Proviso erect and maintain a dam of brush and stone (in the form of a rolling dam) across the Susquehannah river, in the town of Bainbridge, in the county of Chenango, commencing on the land of said Newel and Jehiel, nearly opposite Hemlock Point, in said town, and extending across said river at or near said point, to be built of a heighth sufficient to raise the water it said river not to exceed twenty inches: Provided nevertheless, That no obstruction shall be made to the passage of boats, arks or rafts, in common rafting freshets, with the same facility as at present; and should it be found expedient, at any future time, to improve the navigation of said river, the said Newel and Jehiel, their heirs and assigns, shall, at their own cost and expense, make such improveFurther pro ments, to be made by locks or otherwise: Provided also, That if, after said dam shall have been erected for one year, it shall be found to be productive of inconvenience to the public, or detrimental to private rights, then the authority hereby granted may be revoked and annulled by the judges of the county court of the Further pro said county of Chenango: And provided further, That nothing herein contained, shall prevent any person or persons owning land on said river, who shall suffer any damage by means of said dam, so to be erected, from having and maintaining any action or actions at law or equity, to recover from said Newel and Jehiel, their heirs and assigns, his or their damages in the premises. viso this act Duration of II. And be it further enacted, That this act shall be and continue in force for the term of twenty years, unless sooner revoked and annulled by the said judges as aforesaid; and the same is hereby declared a public act. Town meet ing first Mon CHAP. CLXVII. AN ACT to alter the time of holding Town Meetings, in the Passed April 15, 1823. I. BE it enacted by the People of the State of New-York, reday of May presented in Senate and Assembly, That from and after the first day of April next, the annual town meeting in the town of Grafton, in the county of Rensselaer, shall be holden on the first Monday of May in each year; and that all such town officers, whose duty it was to meet on the last Tuesday of March, shall meet on the last Monday of April, to do and transact such business as to their respective offices appertain. Town officers II. And be it further enacted, That all such town officers as shall have been elected at their last annual town meeting, shall hold their respective offices until others shall be elected. |