ed in the same, except so far as is herein otherwise provided and enacted. Preamble CHAP. LXXXII. AN ACT to authorise and provide for the erection of a Fever Passed March 24, 1823. WHEREAS, the erection of a building near the city of New-York, for the reception of persons who may, during the prevalence of yellow fever, be taken ill with that disease, is an object of much importance, and in which the whole state is interested; and whereas, a sum of money is, by the existing laws authorised to be raised, after the completion of the lottery grants, to different literary institutions, which, it is computed, will take about eleven and an half years; and it is represented, that the corporation of said city, will advance the money, requisite to build said building; and will purchase, from the state the privilege of raising the above sum by lottery, in the expectation that they may, by prudent and correct management thereof, be enabled to save out of the avails of said lottery, a portion at least of the monies they shali expend in the erection of the building aforesaid, after refunding to them the consideration they shall pay into the treasury for said lotteries: Therefore, I. BE it enacted by the People of the State of New-York, raised by lot represented in Senate and Assembly, That it shall and may be lawful for the corporation of the city of New-York, to raise by lottery, under their superintendance and direction, as hereinafter named, such money as is now authorised by the existing laws of this state to be raised by lottery, for the purpose of making up the losses which have been sustained in former lotteries, and that the said corporation shall have power to sell and dispose of said lotteries, in any manner they may deem proper. Monies to be tery Powers &c of II. And be it further enacted, That in raising said monies, and corporation conducting said lotteries, the said corporation of the city of New Provise Monies pay able into the York, shall have the same powers, and be subject to the same limitations and restrictions, as to the time in which they shall be allowed to raise said monies, and the quantity of tickets authorised to be sold therefor, as are contained in the law to limit the continuanceof lotteries, passed April 5, 1822, and applicable to the institutions interested therein: Provided however, That nothing in this act contained shall be so construed, as to authorise the said corporation to proceed to raise said money by lottery, until the termination of the time in which said institutions are allowed to complete their grant, without their assent. Ill. And be it further enacted, That the said corporation of treasury the city of New-York, shall pay into the treasury of this state, the sum of forty thousand dollars, in two equal annual instalments, in consideration of the aforesaid grant, and shall, within six months after the passing of this ac, file in the office of the secretary of state, their acceptance of the condition of this grant, under their corporate seal; and in case of the non-performance of either of the conditions aforesaid, or in case the said buildings for the accommodation of fever patients, shall not be erected within four years from the passing of this act as aforesaid, the rights and privileges relative to the said lotteries, hereby granted to the said corporation, shall cease and determine: And further, That the amount of said grant to the corporation aforesaid, when realized, shall be in lieu of such monies, as the state is still authorised to raise, under the existing laws and constitutional provision on the subject of lotteries. borrowed &c IV. And be it further enacted, That it shall and may be law- Monies to be ful for the said corporation, to borrow whatever sums may be requisite, in order to enable them to pay the above sum into the treasury, and erect the requisite buildings for the fever hospital aforesaid; and they shall have full power and lawful authority to fund said debt, and make the stock created thereby, redeemable at such time as they shall think discreet and proper. CHAP. LXXXIII. AN ACT to Incorporate the Ithaca Academy. Passed March 24, 1823. name and ge 1. BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That William Wisner, Samuel created Phinney, Francis A. Bloodgood, Charles Humphrey, David Woodcock, Samuel Parker, William M. Adams, Oliver C. Comstock and Joseph Speed, and all such other persons as now are, or shall hereafter becoine members of the said society, shall be, and hereby are ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name of "The Ithaca Academy," Corporate and by that name, they and their successors forever hereafter, neral powers shall and may have succession, and by that name, shall and may be persons in law, capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places whatsoever, in all manner of actions, complaints, matters and causes whatsoever; and they and their successors may have a common seal, and may change and alter the same at their pleasure; and that they and their successors, by their names, shall be forever capable in law to purchase, take, receive, hold and enjoy, any estate, real and personal whatsoever; to the use of them and their successors, hereby confirming all grants heretofore made to the use of the said association, by any person or persons, whatsoever: Provided always, That the yearly income of the real and Proviso personal estate and hereditaments, held by the said corporation, do not or shall not, at any time exceed the sum of twenty thousand dollars; and that they and their successors shall have full power to lease such real estate and hereditaments, on such terms as they shall deem most beneficial, and also to dispose of all such personal estate at their will and pleasure, as shall appear to them most advantageous for promoting the purposes of said institution. 11. And be it further enacted, That there shall be forever here- Trustees after, twelve trustees of the said corporation, who shall conduct and manage all the affairs thereof, and that the said trustees shall be members of said corporation; and the first trustees of the said corporation shall be William Wisner, Samuel Phinney, Francis A. General meet ings and elec tions Votes President treasurer and secretary Power to make by laws, &c. Instructors Bloodgood, Charles Humphrey, David Woodcock, Samuel Parker, William M. Adams, Oliver C. Comstock, Joseph Speed, Oliver Phelps, Nicoll Halsey and Andrew D. W. Bruya, who shall hold their offices until the first Tuesday of April, in the year eighteen hundred and twenty-four. Ill. And be it further enacted, That on the first Tuesday of April, eighteen hundred and twenty-four, and yearly, every year thereafter, on the first Tuesday of April, there shall be a general meeting of the members of the said corporation, at some convenient place in the said town of Ithaca, to be fixed on by the by-laws of the said corporation, for the year next ensuing, and by a majori ty of such of them as shall so meet, they shall by ballot elect twelve of their number, to be trustees of said corporation for the year next ensuing: That each member shall be entitled to a vote for every share of five dollars, but that no member shall be entitled to more than ten votes for said trustees and for their officers, and the said trustees shall have power to choose out of their namber a president, a treasurer, and a secretary, who shall immediately enter on the said offices, and hold the same from the time of such election, for and during the space of one year, and until others shall be elected in their stead; William Wisner shall be the first presdent of said corporation, and Oliver C. Comstock, the treasurer and secretary, to hold their said offices until the first Tuesday in April, one thousand eight hundred and twenty-four; and in case any of the persons so elected to be trustees of the said corporation, shall die or resign before the time of their appointed service expires, or shall refuse or neglect to act in, or execute the said offices, then and in every such case, the remaining trustees of the said corporation shall, within thirty days thereafter, by ballot, elect other or others of the members of the said corporation, instead of him or them so dying, resigning or neglecting to act, and that such person or persons as shall have the greatest number of votes at every such election, shall hold their said offices from the time of such election, until the first Tuesday of April, then next ensuing, and until other or others shall be chosen in their stead: And provided always, That the said trustees shall have full power, and it shall be in their discretion, to elect and appoint out of the members of said corporation, an additional number of trustees, not exceeding eight, at any of their meetings. IV. And be it further enacted, That the trustees of the said corporation may make all such by-laws, rules and regulations for the government, and regulation of the said corporation and its affairs, and for the management and disposal of the property and estate of the said corporation, as they may deem requisite to promote the designs and intent of establishing this corporation, and the same, or any part of them, to alter, amend or repeal, from time to time, as they or a major part of them may think fit, and shall have power, whenever they may judge it necessary, to call a general meeting of the members of the said corporation, who may adjourn from time to time, as to them shall seem proper. V. And be it further enacted, That the said trustees, at any regular meeting, shall and may nominate and appoint one or more instructors to take charge of the said academy, under the care and direction of the said corporation, and also appoint such other officers or servants as they may think necessary, and to allow and fix their respective compensations, and such teacher, officers or servants, or any of them, at their pleasure to dismiss and discharge, and another or others to appoint in their stead. VI. And be it further enacted, That any person who shall con- Membership tribute to the benefit of the said institution, any sum not less than five dollars, shall thereupon be a member thereof, and be entitled to the privileges granted to the members thereof by this act, and none others but contributors to the said institution shall be deemed members thereof. Vil. And be it further enacted, That this act shall be and is Public ac hereby declared a public act, and shall be construed benignly and favourably for every beneficial purpose hereby intended, nor shall any non-user of the privileges granted hereby to the said corporation, create or produce any forfeiture of the same, and no misnomer of the said corporation in any deed, will or testament, grant, gilt, demise or other instrument, contract or conveyances, shall defeat or vitiate the same: Provided, the corporation be sufficiently Provise described to ascertain the parties. not under VIII. And be it further enacted, That this academy shall Corporation not be considered as one of the academies incorporated by, and the regents subject to the regulations of the regents of the university, and c shall not be entitled to any destributions of the monies in the hands of the regents. CHAP. LXXXIV.. AN ACT to Incorporate the Catskill Mountain Association. Corporation eral powers, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That James Powers, Caleb created Benton, John Adams, Edwin Croswell, James Pierce, Apollos Cook, John A. Thompson, Jacob Haight, Henry McKinstry, and their associates, and all such other persons as shall hereafter become stockholders in the company hereby incorporated, be, and they are hereby ordained, enacted and declared a body corporate and politic, by the name of the president, directors and company of the "Catskill Mountain Association," and are hereby ordain- Corporate ed, enacted and declared to be a body politic and corporate, in fact name and gen and in law; and by that naine they and their successors shall and nd power to may have continual succession, and shall be capable of suing and purchase a lot being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may have a common seal, and make, change and alter the same at their pleasure; and also that they and their successors, by the same name and style, shall be in law capable of purchasing and holding the following lot of land, situate in the town of Hunter, in the county of Greene, known and distinguished by the name of the "Pine Orchard," which lot is bounded as follows: beginping at a heap of stones on the edge of the steep rocks, sixteen of land Road to be made Gate links to the south-east of a black oak saplin marked on two sides, and running from thence south thirty degrees, west one chain and twenty links, then south thirty degrees thirty minutes, west three chains twenty-two links, then south twenty degrees forty-five minutes, west four chains and twenty-three links, then south thirtysix degrees thirty minutes, west eighty-four links to the point of a rock, then north forty-two degrees forty-five minutes, west ten chains, then south thirty-nine degrees forty-five minutes two chains twenty links to a spruce tree marked, then north fifty-two degrees thirty minutes, east eight chains to two birch trees marked on two sides, standing on the line of land owned by Caleb Benton, and then along his line south fifty-five degrees, east to the place of beginning. And they, the said president, directors and company, and their successors, are hereby authorised and empowered to erect and build upon the said lot of land, a large and commodious hotel, and such other buildings, and to make such improvements thereon, as they may deem necessary for the accommodation of the said corporation, and to promote, secure or obtain the objects of the same; and also to lease or hire out the said lot, with the buildings and improvements which may be built and made thereon, for such term of time and for such rent, as the president and directors may judge best and for the interest of the said corporation; and also that they, the said president, directors and company, are hereby authorised to purchase and hold, and to lease or hire out such other real estate, lying contiguous to the aforesaid lot, as they may judge beneficial for the said corporation. il. And be it further enacted, That the said corporation are hereby authorised and empowered, to make a good and sufficient road, beginning at or near the house of Col. Merchant Lawrence, in the town of Catskill, and rnnning from thence west, the most eligible route, to the Pine Orchard, and from thence to intersect the Clove Road, so called, at or near the house of Mrs. Scovels, in the town of Hunter, in the county of Greene; and that the said corporation shall be entitled to erect one gate on said road, at such place as the president and directors may designate, and shall be entitled to exact and collect at said gate, from all persons passing Rates of toll the same, the following rates of toll: for every cart or waggon, drawn by two horses, fifteen cents, for every additional horse, mule or ox, attached to such carf or waggon, three cents; for every cart or waggon, drawn by one horse, mule or ox, twelve and an half cents, and for every additional horse, mule or ox, attached to such cart or waggon, three cents; for every horse and rider, six cents; for every horse, led or driven, four cents; for every stage waggon, chariot, coach or coachee, phaeton, curricle, or other pleasure carriage or waggon, drawn by two horses, thirty-seven cents, and for every additional horse attached to such carriage, six cents; for every chaise, chair, sulky, or other pleasure carriage or waggon, drawn by one horse, eighteen cents, and for every additional horse, six cents; for every sled or sleigh, drawn by two horses, oxen or mules, nine cents, and for every additional horse, ox or mule, three cents; for every sleigh or sled, drawn by one horse, ox or mule, six cents; for every score of cattle, horses or mules, twenty-five cents, and for every score of hogs or sheep, twenty cents, and so in proportion for a greater or less number. |