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the other half to the overseers of the poor of the town where such
recovery shall be bad, for the use of the poor thereof; and in case
the defendant or defendants shall not, iminediately on the rendi-
tion of judginent in any such cause in favour of the plaintiff, pay
the judgment and costs to the court, or give good security for the
payment thereof, in thirty days, it shall be the duty of the court
to issue execution upon such judgment ; and if such defendant or **
defendants, in any such action be committed to jail, le or they
shall then remain in confinement without the privilege of bail or
mainprize, thirty days, unless such judgment, with all the costs,
shall be sooner paid.

IV. And be it further enacted, That the Salmon or other fish, Fish taken to caught or taken in violation of this act, shall be forfeited to the use of such prosecuter in any such case, as is in this act mentioned, and that all laws heretofore passed, so far as the same are inconsistent with the provisions of this act, be, and the same are hereby repealed,

V. And be at further enacted, That the act passed March 7, Certain act 1820, prohibiting fishing with seines or nets in the Nine Mile creek, repealed. in the couply of Onondaga, be, and the same is hereby repealed.

be forfeited

CHAP. LX. AN ACT for the disposal of the Lands lately ceded to the Peo1. ple of this Stato, by the Onondaga and Stockbridge Indians.

Passed March 12, 1823. I. BE it enacted by the People of the State of New-York, re- Duty of sur presented in Senate and Assembly, That the surveyor-general rajusene shall, as soon as may be, cause the lands.purchased from the Onondaga Iydians, at a treaty held on the eleventh day of February, one thousand eight hundred and twenty-two, to be surveyed into lots, and sell the same, in the manner and on the couditions directed by law for the sale of the unappropriated lands of the state.

Il. And be it further enacted, That the surveyor-general shall Further in in like manner, cause to be surveyed the lands purchased from the Stockbridge Indians, at treaties held with them on the third day of February, and the twenty-eighth day of August, one thousand eight bundred and twenty-two, together with three hundred acres conveyed by the said Indians to the said people, on the twenty-fifth day of March, in the year one thousand eight hundred and twenty ; and the commissioners of the land-office, shall cause letters patent to be issued to John Hadcock, William Page, Mary Docksteder, Duty of land and Elihu Lewis, for the lands stipulated in the last mentioned office "treaty, to be granted to them respectively ; and also to Jacob Kupkepot, for the lands mentioned in said treaty, as laid out for him by the said Indians : Provided, That before letters patent be Proviso issued for any of said lots, if any person, other than the patentee, San shall bave improvements thereon, to which he may have an equi. table right, satisfactory proof shall be produced that he has been in paid for the same, as required by said treaty, and the treaty Jast mentioned in this section, be and the same is hereby confirmed; and the surveyor-general shall sell the residue of said lands in manner aforesaid : Provided, That every person having an im- viso

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provement on any lot, to the value of fifty dollars, shall have the right of pre-emption for the same, until the expiration of six months from and after the time, when the survey thereof shall be returned to the surveyor-general's office, at such price as the same shall be valued at, exclusive of the improvements thereon, by appraisers to be appointed by the commissioners of the land-office for

that purpose. Appraisers to 1II. And be it further enacted, That the appraisers to be ap

pointed as aforesaid, shall, before they enter upon their duties. take and subscribe an oath before some proper officer, that they will faithfully make the appraistments required by this act, according to the best of their judgment and ability, and such appraisers shall, in like manner, appraise the value of the improvements, to be paid for by the persons to whom letters patent are to be granted as aforesaid, and ascertain the persons who may appear to be equitably entitled thereto.

tain persons
to build a toll P

CHAP. LXI.
AN ACT authorising Vincent Le Ray de Chaumont, to build a

Toll Bridge over the Chuumont River, in the County of Jef-
ferson.

Passed March 12, 1923. Power to cer I. BE it enacted by the People of the State of New York, re

presented in Senate and · Assembly, That it shall be lawful for bridge dec Vincent Le Ray de Chaumont and his associates, and their assigns,

to build a toll bridge ovrr the Chaumont river, at the place where

the Cape Vincent turnpike road crosses the same, being in the Proviso town of Lyme, county of Jefferson: Provided always, That the

said bridge shall not be less than sixteen feet wide, with a strong railing on each side thereof, and shall be built in so substantial

and workmanlike manier, as that laden carriages may safely travel Further pro thereon: And provided also, That one part of the said bridge

shall hoist or draw, for the free passage of vessels over fifteen tons burden, of which the masts are not so calculated as to be taken down occasionally ; and the bent wherein the said draw is to be constructed as aforesaid, shall be set and placed in such part of the said bridge, as will render the passage of vessels through the same the most easy, safe, and convenient, and the best conduce to the freedom of navigation ; and the better to facilitate the passage of vessels through the said bridge, two or more posts, piles or piers, shall be set, drove or built in the said stream, on each side of the entrance of the said draw, in such place as will best conduce to the easy and safe entrance of vessels into and passage through the said bridge, and being so set, drove or built, shall be continually thereafter supported and maintained by the said Le Ray: And provided also, That the said Vincent Le Ray de Chaumont shall, by no means, prevent the crossing of the said stream on the ice, and shall keep a passage open and free from the said turnpike to the river, to be at least one rod wide, and not more than five rods distant from the said bridge; and the said bridge shall be completed on or before the first day of December, in the year one thousand

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eight hundred and twenty-four, and if not then so completed, the privileges hereby granted shall theo cease and determine.

II. And be it further enacted, That it shall be the duty of the Bridge to be person and persons authorised to erect the said bridge, as soon as examined the same shall be compleled, to give notice thereof to the commissioners of highways for the town of Lyme, in the county of Jefferson; and it is hereby required of and enjoined on the said commissioners, within fifieen days after due notice, to meet at or near the said bridge, and to examine the same ; and if they, or a majority of thein, shall deem the same to be properly constructed and completed in manner aforesaid, then they, or a majority of them, shall subscribe a certificate thereof, and deliver the same to the person or persons authorised to build the said bridge.

III. And be it further enacted, That it shall and may be law- Gate, when ful for the said Vincent Le Ray de Chaumont and his associates, &

&c how erect and their assigns, from and after the receipt of such certificate as aforesaid, to construel and erect a gate or turnpike on any part of the said bridge, and a toll-house adjacent thereto; and shall be, and are hereby authorised, lor and during the term of twenty years from the passing of this act, to take toll for every person crossing the said bridge, at the following rates, and no more, to wit: forza

Or Rates of 1011 every cart or waggon, drawn by one horse, nule or ox, six cents; for every cart or waggon, drawn by two horses, mules or oxen, twelve and an half cents, and for every additional horse, mule or ox, the further sum of three cents; for every stage-waggon, chariot, coach, coachee, phaeton, curricle, or other pleasure carriage, drawn by two horses, twenty-five cents, and for every additiorial horse, six cents; for every chair, sylkey or chaise, with one borse, twelve and an half cents, and for every additional horse, six cents, for every horse, rode, six cents; for every horse, led or driven, four cents; for every sleigh or sled, drawn by two horses, oxen or mules, eight cents, and for every additional horse, ox or mule, four cents; for every sleigh or sled, drawn by one horse, ox or mule, six cents; for every score of cattle, horses or mules, twenty. cents; for every score of hogs or sheep, eight cents ; for every foot passenger, four cents: Provided always, That no toll shall be provie demanded from any person being within one mile of said bridge. nor from any militiaman going to or returning from training, nor from any person going to or returning from public worship, nor from any troops in the service of the United States.

IV. And be it further enacted, That if at any time, the said bridge shall be carried away, in whole or in part, by floods or bridge be de

Provision, it otherwise, or shall become so out of repair, as in the opinion of a stroyed, &c majority of the said commissioners of highways, that passing thereon with carriages shall be unsafe, then and in every such case, the person or persons entitled to take such toll, at such bridge, shall rebuild or repair the same, within twelve months from the time, the same was carried away, or deemed by the said commissioners to require repair, and in default of such rebuilding or repairing, within the time last aforesaid, the remains of such unrepaired bridge, with the gate, turnpike and toll-house, shall become the property of the people of this state, any thing in this act to the contrary notwithstanding.

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CHAP. XII.
AN ACT for the Relief of Jumes Cowing and Warren Cowing.

Passed March 14, 1823. its of the BE it enacted by the People of the State of New York, recommission presented in Senate and Assembly, That it shall be. lawful for land oftice the commissioners of the land-office, and they are hereby required

to grant letters patent to James Cowing and Warren Cowing, for lot number twenty-five, of the tract of land purchased from the Oneida Indians, in the year one thousand eight hundred and seven-, teen, commonly called the Cowassalon tract, as the said lot has been lately surveyed by order of the surveyor-general, on their comply

ing with the conditions prescribed by the law for the sale of the unProviso appropriated lands: Provided, That the first payment required in

such case, be made, and the obligation for the residue of the consideration, be given within three months from the passing of this act, and that the consideration inoney be at the rate of six dollars and seventy-five cents per acre.

Prearble

CHAP. LXIII.
AN ACT 10 amend the Act, entitled An Act to annex the

north-west part of the Town of Dansville, in the County of
Steuben, to the Town of Sparta, in the County of Living-
ston," passed Februury 15, 1822.

Passed March 14, 1823. le WHEREAS by the above referred to act, the town of Sparta,

in said county of Livingston, was bound to support such part of the poor of the town of Dansville, as should bear a due proportion to the tax lists of those inhabitants, taken from said town of Dansville and annexed to the said town of Sparta; and all monies received for the support of the poor, and to support roads and bridges, (if any.) to be divided in the same mander: And whereas, the said town of Sparta neglects and refuses to make any provision for the purposes aforesaid : Therefore,

1. BE it enucted by the People of the State of New York, re. Duty of su pervisor of presented in Senate und Assembly, That the supervisor of the

town of Hornellsville, in said county of Steuben, be and is hereby
authorised and directed to make the division which the supervi-
sors and overseers of the poor of the said towns of Dansville and
Sparta were authorised to make, by the above referred to act, any
thing in said act to the contrary notwithstanding; and that the
said supervisor of the town of Hornellsville aforesaid shall, as soon
as may be thereafter, cause to be filed in the clerk's office of the 1
said county of Steuben, a stálement in writing (under his hand as
such supervisor) of such division or apportionment, which statement,
when so filed as aforesaid, shall be conclusive in the premises ; and 7.
that in said statement, it shall be the duty of said supervisor,
among other things, to allow interest on any sum of money that
ought heretofore to have been paid by said town of Sparta, to said

Hornells ville

town of Dansville, as also all reasonable and just expenses, that said town of Dansville may have incurred in the premises, toge ther with the expenses of said supervisor in making said statement.

II. And be il further enacted, That upon such statement being certain so filed as aforesaid, the poor therein awarded to the said town of chargeable

te Sparta Sparta, (if any,) shall be considered as belonging to the said town' of Sparta, and may be removed thereto, in manner prescribed by law for the removal of poor persons; and the money awarded to be paid by the said town of Sparta to said town of Dansville, by said statement, (if any,) shall be considered as a debt ihen due from the said town of Sparta to ibe overseers of the poor of the said town of Dansville, which said sum shall draw interest from the time of file ing said statetoent as aforesaid.

111. And be it further enucted, That it shall be the duty of the Duty of su süpervisors of the several towns in the said county of Livingstor, pervisors of at their next annual meeting, to audit and allow to the overseers or

Livingston the poor of the town of Dansville, such sumn of money as by said statement shall be awarded to said overseers of the poor of Dansville aforesaid, against the town of Sparta aforesaid; and it shall also be the duty of said supervisors, immediately after the same is so audited as a foresaid, to draw their order on the treasurer of the said county of Livingston, for such süm as may, at the time the same is audited and allowed, be due, together with the interest accruing thereou, until the first day of February, one thousand eight hundred and twenty-four, which order it shall be the duty of the said treasurer to pay out of the first monies that may come into his hands as such treasurer ; and it shall be the further duty of said supervisors, to cause the amount of said sum of money to be raised from the town of Sparta aforesaid, in the manner prescribed by law for raising the other contingent expenses of said town: Pro. Proviso vided however, that it shall be the duty of the supervisor of the said town of Dansville, to serve, or cause to be served on the supervisor of the said town of Sparta, a certified copy of said statement so to be filed as aforesaid, after the same is se filed, and as soon as may be thereafter, and before the first day of September next, under the hand of the clerk of Steuben conuty, which shall be deered a notice to the several supervisors of the county of Livingston aforesaid, of the amount so to be audited and paid as aforesaid ; and it is hereby made the duty of said supervisor of Sparta aforesaid, to lay or cause to be laid, said certified statement before said supervisors, at their said next annual meetiny.

IV. And be it further enacted, That it shall be the duty of the Further du supervisors of said county of Livingston, to cause to be levied and ties of super collected of the inhabitants residing in that part of the town of Sparta taken from the said county of Steuben as aforesaid, such sum of inoney as shall appear to be necessary to cancel any just claims of the poor masters of the town of Dansville aforesaid, for the purpose of indemnifying the remaining part of the town of ** Sparta, against the payment of said money. V. And be it furiher enacted, That nothing in the act hereby ..

cu mereby Act got to af amended, shall be construed to affect any suit or action in any fect certain court whatsoever, commenced previous to the sixteenth day of fe soit bruary, one thousand eight hundred and twenty-two: but that the

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