Proviso Commission ers for certain purposes First term of the courts Ontario goal to be used Goal liberties pleas and general sessions of the peace in the other counties of this state have in their respective counties: Provided, That nothing in this act contained, shall be construed to affect any suit or action, in any court whatsoever, already commenced, or that shall be commenced before the first day of May next; so as to work a wrong, or to prejudice the parties therein, or to affect any criminal or other proceeding, on the part of the people of this state; but all such civil and criminal proceedings, shall and may be prose⚫ cuted to trial, judgment, and execution, as if this act had not been passed. III. And be it further enacted, That John Sutton, of the counto of Tompkins, George H. Feeter of the county of Herkimer, and Joseph B. Walton, of the county of Otsego, shall be commissioners for the purpose of examining and impartially determining the proper site or sites, for a court-house and gaol, to be erected in the said county of Yates; and when the said commissioners, or any two of them, having so determined, shall put their determination in writing, with their signatures and seals affixed thereto, and cause the same to be filed in the clerk's office of the said county of Yates, such determination shall be final and conclusive in the premises'; and it shall be the duty of the said commissioners, to meet and examine, and to make known their said determination, of the site or sites, of the said court-bouse and goal, on or before the first Monday of June next; and the said commissioners shall be entitled to receive the sum of three dollars per day, for every day they may be necessarily employed on said service; which sum shall be levied, collected, and paid, as part of the contingent expenses of the said county of Yates. IV. And be it further enacted, That the first term of the courts of common pleas and general sessions of the peace, in and for the said county, shall be held at the house of Asa Cole, in the village of Pen-Yan, in the town of Benton, and all the subsequent terms of the said courts, at such place within the county of Yates, as the judges of the court of common pleas in and for the said county, shall from time to time appoint, until the court-house in and for the said county, shall be erected, and so far completed as to be in the opinion of the judges, convenient to hold their courts therein; and the said courts of common pleas and general sessions of the peace shall thenceforth be holden in and for said county, in said court-house. V. And be it further enacted, That it shall and may be lawful for all courts and officers in the said county of Yates, in all cases civil and criminal, to confine their prisoners in the goal of the county of Ontario; and it shall be the duty of the sheriff of the county of Ontario, to receive the said prisoners into custody, and retain them until such time as there shall be a sufficient gaol prepared in the said county of Yates, or they be discharged by due course of law. VI. And be it further enacted, That it shall be the duty of the judges of the court of common pleas, and general sessions of the peace, in and for the said county of Yates, as soon as the site or sites, for the court-house and goal, shall be fixed and determined on by the said commissioners appointed for that purpose, to lay out the goal liberties in such manner as they shall deem most suitable and convenient for the prisoners who may be confined thereon, not exceeding one hundred and sixty acres, in a square or parallelogram as near as may be. be elected VII. And be it further enacted, That the said county of Yates Members of shall be entitled to elect one member of assembly, in the same man- assembly to ner as the other counties of this state are by law entitled to elect, and the county of Ontario shall be entitled to elect five members of assembly. debts and ef VIII. And be it further enacted, That it shall be the duty of Division of the supervisors and county treasurers of the counties of Ontario fects and Yates, to meet on the first Monday of June next, at the courthouse in the town of Canandaigua, in the county of Ontario, and apportion and divide all debts and effects, belonging to the said county of Ontario, and apportion such part hereof, as shall be just and equitable to the said county of Yates. Commission ers for certain other purpo IX. And be it further enacted, That William Shattuck, of Benton, George Sherman and Samuel Stewart, of Milo, be and they are hereby appointed commissioners to superintend the erection and ses building of a court-house and goal, on such site or sites, within the county of Yates, as the commissioners for that purpose in and by this act appointed, shall designate: Provided, That a suitable and convenient lot or lots therefor, shall have been first conveyed to the supervisors of said county, and their successors forever. And whenever the said goal shall be so far completed, as in the opinion of the sheriff of the said county, it will be safe to remove the prisoners thereto, it shall and may be lawful for the said sheriff to remove all his prisoners, then confined in the goal of the county of Ontario, to the goal of the county of Yates, and such removal shall not be considered or deemed an escape. raised X. And be it further enacted, That for building the said court- Taxes to house and goal, the supervisors of the several towns in the said county of Yates, shall meet at the house of Miles Benham, in the town of Milo, on the last Monday of September next; and they, or a majority of them, are authorised and requirted so to meet, to cause to be assessed, levied, collected and paid into the treasury of the said county, the sum of two thousand five hundred dollars, and also at their second annual meeting thereafter, the further sum of two thousand five hundred dollars, over and above the ordinary fees of collection and distribution, in like manner as taxes to defray the contingent expenses of the said county, are assessed, collected, and taxed. commission ers XI. And be it further enacted, That the said commissioners, or Power of the a majority of them, may contract with workmen, and purchase materials for building the said court-house and goal, and shall from time to time, draw upon the treasurer of the said county, for such sums of money, for the purposes aforesaid, as shall come into the treasury, by virtue of this act; and the treasurer is hereby required, out of the monies aforesaid, to pay to the order of the said commissioners, or a majority of them, the several sums of money to be by them drawn for; and it is hereby made the duty of the said commissioners to account with the supervisors of the said county of Yates, for the monies which they shall have received from the treasury, when thereunto required. To give Bonds XII. And be it further enacted, That the commissioners appointed in and by this act, for the superintending the erection of the public buildings in and for the said county of Yates, shall, before they enter on the duties of said office, give bonds, with approved sureties, to the supervisors of said county, for the faithful expenditure of the monies committed to their charge, for that purTheir pay pose; and that they shall each of them be entitled to receive the sum of one dollar and fifty cents per day, for each day they may be employed in the duties of that office, and the amount of their charge shall be levied and collected in like manner as other contingent expenses of said county are. Maintain soners XIII. And be it further enacted, That the sheriff of the county ance of pri of Yates, shall be liable to the supervisors of the county of Ontario, for the maintenance of all criminal prisoners, which he may commit for confinement, in the gaol of the county of Ontario; and that the supervisors of the said county of Yates, are hereby required to levy the amount of the charges for the maintenance of such persons, in the same manner as other contingent expenses are levied and collected in the said county, and to order the treasurer to pay over the same to the sheriff, for the payment of the supervisors of the said county of Ontario. Justices to be appointed Election for cers XIV. And be it further enacted, That it shall be the duty of the supervisors, and the judges of the court of common pleas, of the county of Yates, to meet at the house of Asa Cole, in said county, on the first Monday of May next, for the purpose of nominating justices of the peace, in said county, and when thus assembled, they shall proceed in the manner directed 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 April 12th, 1822, and their proceedings therein shall be as valid and effectual, as if the same had taken place at the time prescribed in said act; and that the present justices of the peace in said county, shall hold their offices until the new appointments are made. XV. And be it further enacted, That an election for sheriff, county of clerk, and coroners, in said county, shall be held therein, on the second Tuesday in April next, and the two succeeding days, which election shall be conducted in all respects, in the manner now prescribed by "An act for regulating elections," passed April 17th, 1822; and the sheriff, clerk, and coroners, then elected, shall hold their respective offices for the same term as if they had been chosen at the last election, held in this state, agreeable to the requirements of said act. Duty of clerk Congress dis trict XVI. And be it further enacted, That the clerk of the said county of Yates, shall do and perform all the duties enjoined by law on county treasurers, until there be a treasurer appointed. XVII. And be it further enacted, That the said county of Yates, shall be and remain a part of the twenty-sixth congressional district, and shall be and remain part of the seventh Senate district of this state. CHAP. XXXI. AN ACT to establish a Ferry across the Schoharie River. Passed February 8, 1823. WHEREAS, by an act passed the sixteenth day of April, one Dreamble thousand eight hundred and twenty-two, Barney Carney, of the town and county of Schoharie, was authorised to set up, keep and maintain, a ferry across the Schoharie river, at or near the fording place of John Enders, in the town and county aforesaid. And whereas, the said Barney Carney hath neglected to erect such ferry, and hath not complied with the provisions of the said act, hy which the same has become null and void: Therefore, 1. BE it enacted by the People of the State of New-York, re- A ferry aut presented in Senate and Assembly, That it shall and may be law-thorised ful for Robert Knox, Schuyler Briggs, and John P. Griggs, and their heirs and assigns, to erect, keep and maintain, a ferry across the Schoharie river, at or near the fording place of John Enders, in the town and county aforesaid. maintained II. And be it further enacted, That the said Robert Knox, Scow and Schuyler Briggs, and John P. Griggs, shall keep, support and boat to be maintain, a good and sufficient scow or boat, for the accommodation of said ferry; and at all reasonable times and seasons, cause the said scow or boat to be well manned, to transport and ferry across said river persons, goods, and chattels, III. And be it further enacted, That the said Robert Knox, Rates of ferry Schuyler Briggs, and John P. Griggs, shall be entitled to receive at the said ferry the following rates or prices of ferriage, that is to say for every waggon or four wheeled carriage, drawn by two horses, mules or oxen, twelve and a half cents: every waggon drawn by one horse, eight cents: every chair, sulkey, or chaise, drawn by one horse, twelve and a half cents: every cart, drawn by two horses, mules or oxen, twelve and a half cents: every sleigh or sled, drawn by two horses, mules or oxen, twelve and a half cents every cutter, drawn by one horse, six cents: every footman, three cents: for cattle, horses or mules, four cents each: Provided however, That all persons crossing, or transporting their Proviso families, goods and chattels, in their own scow, boat or canoe, or otherwise, having lands on both sides of the aforesaid river, or on either side and adjacent thereto, or owning a share or shares, in any mill or mills, within two miles of the said place aforesaid : drovers, driving their droves of horses, mules or cattle, through the said river and all persons crossing on the ice, shall be exempt from paying any thing at said ferry: IV. And be it further enacted, That if the said Robert Knox, Penalty for Schuyler Briggs, and John P. Griggs, or any person keeping said extortion ferry, shall take, accept, exact, or receive, any greater or higher rates or prices of ferriage, for transporting persons, goods and chattels, than is limited and provided by the preceding section, shall forfeit and pay, for each offence, the sum of two dollars, to be recovered and applied in the manner mentioned in the sixth section of this act. Bonds to be given disturbing the V. And be it further enacted, That before the establishing of said ferry, the said Robert Knox, Schuyler Briggs, and John P. Griggs, shall cause bonds duly to be executed to the people of this state, in the sum of twenty-five dollars, sigued by one freeholder, resident of the county of Schoharie, to be filed in the clerk's office of said county, conditioned for the keeping of said ferry according to the true intent and meaning of this act, for one year and also, once in every year, to be filed in said office and if the said Robert Knox, Schuyler Briggs, and John P. Griggs, shall neglect to file such bond for six months after the passing of this act, or for twenty days after the expiration of each year, then, and in either case, the grant of said ferry herein made, is to be considered void and of no effect, any thing in this act to the contrary thereof notwithstanding. Penalty for VI. And be it further enacted, That if any person or persons, right of ferry other than the said Robert Knox, Schuyler Briggs, and John P. Griggs, or those employed under them, shall carry or transport any person or persons, goods, chattels, wares, merchandize, or any other thing, for pay, hire or otherwise, across said river, within the distance of two miles above or below the place hereby established for the said ferry to be kept, every such person or persons shall forfeit and pay to the said Robert Knox, Schuyler Briggs, and John P. Griggs, for every such offence, the sum of five dollars, to be recovered by them in an action of debt, with costs of suit, in any court having cognizance thereof. act Duration of VII. And be it further enacted, That the exclusive privilege herein created, of keeping a ferry across the aforesaid river, shall continue for and during the term of ten years. ties Trustees to elected CHAP. XXXII. AN ACT concerning the Gospel and School Lot in the Town of Passed February 8, 1823. BE it enacted by the People of the State of New-York, rebed elected presented in Senate and Assembly, That it shall be lawful for the inhabitants and freeholders of the town of Stockholm, in the county of St. Lawrence, at their annual town meeting, to elect three trustees, who shall be inhabitants and freeholders of said town, whose duty it shall be to take charge of the gospel and school lot, in said town: which trustees, and their successors in office, shall be for such purposes a body corporate and politic, by the name and style of the trustees of public lands, in the town of Stockholm" and the said trustees and their successors, shall possess the like powers, perform the like duties, and be subject to all the regulations imposed upon, or granted to, the trustees of public lands in the town of Madrid, and county of St. Lawrence, by the "Act concerning the gospel and school lot in the town of Madrid, and for other purposes," passed March 30, 1821, |