meetings on CHAP. XLVIII. AN ACT to alter the Time of holding Town Meetings in the Passed February 27, 1823. Annual town BE it enacted by the People of the State of New-York, rethe first Tues presented in Senate and Assembly, That the annual town meetday of March ings in the town of Stock tou, in the county of Chautauque, shall hereafter be held on the first Tuesday of March, instead of the first Tuesday of April, at such place in the said town as the freeholders. and inhabitants thereof at their town meetings shall from time to time appoint, and that the several town officers, whose duty it is to meet on the last Tuesday of March, shall meet on the last Tuesday of February in each and every year, to do and transact such busiProviso ness as to their respective offices may appertain: Provided, That the first town meeting to be held in the said town by virtue of this act, shall be held at the place to which the annual town meeting therein now stands adjourned. Preamble Duty of the supervisors of Allegany CHAP. XLIX. AN ACT for the relief of John Moore, late Collector of the Passed February 28, 1823. WHEREAS it has been represented to this legislature, that one Ezekiel Taylor did, at the last October term of the court of common pleas, holden in and for the county of Allegany, obtain a judgment against one Job Moore, collector in and for the town of Angelica, to the amount of seventy-five dollars and sixty-seven cents, which had been levied and collected of the said Ezekiel as taxes, by the said John Moore. And whereas it does appear to this legislature, that the said collector did suppose he was in the discharge of his duty, but because his warrant and tax roll were not annexed, and dated before the first day of November in that year, as the law directs, the court gave judgment as aforesaid: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be the duty of the supervisors of the said county of Allegany, at their next annual meeting, or at such other meeting when they shall make up the taxes for said county, to add to the taxes of the said Ezekiel Taylor, the sum of seventy-five dollars and sixty-seven cents, together with interest from the time the aforesaid judgment was entered or docketed, to be assessed upon the following lots of land, that is to say, number ten, twenty-two, twenty-three, twenty-six, twentyseven, thirty-four, and the east half of lot number two, in the second township and first range of Morris's reserve, in the town of Angelica; or on such of the said lots as shall be owned, occupied or possessed by the said Ezekiel Taylor or his legal representatives, at the time of the passing of this act, and shall direct the same to be collected and paid over to the said John Moore, or to his legal representatives. 11. And be it further enacted, That the said supervisors shall Their further cause to be levied and collected, as other contingent expenses of duty said county, the sum of sixty-seven dollars and sixteen cents, the amount of the costs in the aforesaid suit, and when the same shall be collected, shall be paid by the treasurer of said county to the said John Moore, or to his order. CHAP. L. AN ACT to incorporate the Canal Turnpike Company. Passed February 28, 1823. I. BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That Silas Stow, Joshua created Hathaway, and all such persons as may associate with them and become subscribers, to make a good and sufficient road, to begin at John Ford's, in the town of Lee, county of Oneida, at the foot of the great hill, (commonly called Deacon Clark's place,) and thence north to the north side of Olmstead's creek, in the town of Turin, in the county of Lewis, on the route of the state road, so called, shall be, and hereby are created a body corporate and politic, in fact and in name, by the name and style of "The President, Directors and Company of the Canal Turnpike Company," and by that name and ge name they shall be capable in law to purchase, have, hold and enjoy, to them and their successors, lands, tenements, hereditaments, goods, chattels and effects, of every kind whatsoever, which may be necessary to fulfil the end and intent of the said corporation. Corporate neral powers II. And be it further enacted, That the stock of the said com- Capital stock pany hereby incorporated, shall consist of six hundred shares of twenty-five dollars each, and Seth B. Roberts and George Browu, of Rome, Oneida county, and Ela Collins, of Lowville, Lewis county, are hereby appointed commissioners to receive subscrip tions for the said stock, in the manner directed by the act, entitled "An act relative to turnpike companies." passed March 13th, 1807. III. And be it further enacted, That the said company, hereby Further geno incorporated, shall have and enjoy all their rights, privileges, pow-ral powers ers and immunities, which are given and granted in and by the aforesaid act, entitled "An act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations, contained in said act, except as herein otherwise provided. how to be chosen IV. And be it further enacted, That fifteen days notice, in two Directors, of the public newspapers printed nearest the route of the said road, of the time and place, when and where, the subscribers shall meet to choose directors, shall be sufficient; and that said subscribers and the stockholders, at every succeeding election, shall choose five directors, any three of whom shall be a quorum, and capable of transacting the business of the said corporation. Recital Part of a cer not to apply And Whereas, by the first section of this act, said turnpike is directed to run in and upon land which is now laid out and opened as a public highway, four rods wide: Therefore, V. Be it further enacted, That so much of the third section tain section of the aforesaid act, entitled "An act relative to turnpike companies," as relates to the laying out of said road, and compensating the commissioners of highways of the town through which such road runs, shall have no application to the road hereby established, but that said company may take possession of said public highway, and the land on which it passes, for the purposes contemplated by this act, without making any compensation therefor, to the commissioners of highways for the towns through which it The like as passes. preceding VI. And be it further enacted, That nothing in the fifth section of the aforesaid act, entitled “An act relative to turnpike companies," shall require the said company to bed said road with gravel, sound wood, or other hard substances, and to face the same Gates to be for a greater width than twenty-four feet. erected VII. And be it further enacted, That the said company, hereby incorporated, shall be entitled to erect on said road, two turnpike gates, one of which shall be erected within five miles of the south end of said road, and the other on the remaining ten miles, at least that distance from the first gate; and the said company shall be entitled to exact, demand and receive, of and from every person travelling on or using said turnpike road, at the said gate to be Rates of toll erected upon and across the said turnpike road, the following rates of toll at the gate on the north part of said road, for every coach, or four-wheeled pleasure carriage, or pleasure waggon, drawn by two horses, twenty-five cents; for every carriage, drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox, attached to such waggon or carriage; for every cart, waggon, or other carriage, drawn by one horse, mule or ox, six cents, and for every additional horse, mule or ox, attached to such cart or carriage, three cents; for every horse and rider, four cents; for every horse or mule, led or driven, three cents; for every chaise, chair or sulkey, or other pleasure carriage, drawn by one horse or mule, twelve and an balf cents, and six cents for 'every additional horse or mule; for every sleigh or sled, drawn by two horses, mules of oxen, six cents, for every additional horse, mule or ox, three cents; for every sleigh or sled, drawn by one horse, mule or ox, four cents; for every score of cattle, horses or mules, twelve and an half cents; and for every score of sheep or hogs, six cents, and so in proportion for a greater or lesser number and that at the gate on the south part of said road, it shall be lawful for the said company to receive one half of the tolls above specified, CHAP. LI.. AN ACT to confirm the Title of Philip P. Livingston, in and to a Lot of Ground in the City of New-York. Passed February 28, 1823. Title not to be impeach ed by alien by BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the title of Philip P. Livingston, of the city of New-York, to a house and lot of ground, age &c on the northerly side of Leonard-street, in the city of New-York, by him heretofore purchased of Daniel Lescallier, and now in his actual possession, shall not be questioned or impeached, by reason of the alienism of the said Daniel, or of any other person or persons, from or through whom such title may have been derived. CHAP. LII. AN ACT for the Relief of the Trustees of Middlebury Passed March 3, 1823. BE it enacted by the People of the Stute of New-York, re- Duty of land presented in Senate and Assembly, That the commissioners of the office land-office be authorised to sell, on the usual terms of selling public lands, such lot or lots, reserved for literary purposes, and not specially appropriated to the literature fund or otherwise, as may be sufficient to raise the sum of one thousand dollars, and to pay 'the same to the trustees of Middlebury Academy, for the use of the said institution.. CHAP. LIII. AN ACT to divide the Town of Montgomery, in the County of Orange. Passed March 4, 1823. Town of erected I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the last Crawford day of March, in the year one thousand eight hundred and twenty three, all that part of the town of Montgomery, in the county of Orange, lying west of a certain line, beginning on the line between the town of Wallkill, in the said county, and the town of Montgomery, aforesaid; at the south-west corner of a tract of five thousand acres of land, called the five thousand acre patent; and running thence northeast, on the northwest side of the said five thousand acre patent, to the southwest corner of the tract of ten thousand acres of land, called the ten thousand acre patent; thence northwardly, on the west side of the said ten thousand acre patent, till it strikes the centre of a turnpike road leading from the village of Montgomery to the falls of the Neversink river, called the Residue retains its "Orange and Ulster branch turnpike road," thence northwardly, on a direct line to a small bridge, erected across the old stage road leading from the village of Montgomery, in the county of Orange, to the village of Kingston, in the county of Ulster, near and west of the house now owned and occupied by Adam Dickerson, in the said town of Montgomery; thence northwardly, from the said bridge on the centre of the old stage road, until it intersects the line between the said town of Montgomery, and the town of Shawangunk, in the county of Ulster, shall be, and is hereby erected into a town, by the name of Crawford, and that the first town meeting shall be held at the house of Edward Schoonmaker, in said town, on the first Tuesday in April next. II. And be it further enacted, That all the remaining part of former name the town of Montgomery, shall be and remain a separate town, by the name of Montgomery. Money and poor to be divided Justices in III. And be it further enacted, That as soon as may be, after the first Tuesday in April next, the supervisors and overseers of the poor of the towns of Crawford and Montgomery, notice being first given for that purpose, shall meet together, and divide the money and poor belonging to the town of Montgomery previous to the division, agreeably to the last tax list; and that each of the said towns shall forever thereafter, respectively maintain their own poor. IV. And be it further enacted, That the justice or justices of the peace, appointed or to be appointed by the supervisors and judges of the county of Orange, residing within the limits of the town of Crawford, shall be justices of the said town of Crawford. Court may gessions, &c CHAP. LIV. AN ACT relatiae to the Court for the Trial of Impeachments and the Correction of Errors. Passed March 4, 1823. I. BE it enacted by the People of the State of New-York, rehave extra presented in Senate and Assembly, That the conrt for the trial of impeachments and corrections of errors, may from time to time, during the present year, meet and hold adjourned sessions in the recess of the legislature, at such time, at the Capitol, in the city of Albany, and for such length of time, as in the opinion of the said court, the business of the said court may require. II. And be it further enacted, That the president of the senate, senators, and officers of the said court who shall attend the said adjourned sessions of the said court, shall be entitled to, and receive for such attendance and their travelling, the same rate of compensation, as is now, or hereafter may be allowed by law, to the said president, members, and officers, respectively. |