CHAP. CCXVIII.

AN ACT to raise a further sum to complete the county clerk's office in the village of Utica.

Passed April 11, 1817.

I. 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 county of Oneida, and they are hereby authorised and required, at their next annual meeting, to cause the sum of one thousand dollars to be levied on the freeholders and inhabitants of the said county, together with the additional sum of five cents on each dollar for collecting the same; which said sums shall be raised, levied and collected in the same manner as the other contingent charges of the said county are raised, levied and collected.

II. And be it further enacted, That the treasurer of the county of Oneida shall and he is hereby required to pay over to the order of a majority of the commissioners, named in and by an act, entitled "an act authorising the building a fire proof clerk's office in the county of Oneida," passed April 5th, 1816, the sum of money directed to be raised in and by the first section of this act; and when the said clerk's office shall be completed, the accounts shall be presented, audited and allowed as in and by the third section of the said recited act it is provided for.

CHAP. CCXIX.

AN ACT authorising certain taxes, heretofore rejected on certain unsettled lands in the town of Painted-Post, in the county of Steuben, to be charged on the same lands, and for other purposes. Passed April 11, 1817.

WHEREAS it hath been represented to the legislature, that in the year of our Lord one thousand eight hundred and nine, and in the year one thousand eight hundred and ten, a large quantity of unsettled lands, in the town of Painted-Post, were so imperfectly described by the assessors, that the same could not be located and sold for the arrearages of taxes of those years: Therefore,

I. 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 supervisor of the said town of Painted-Post, for the present year, to ascertain what arrearages of taxes, on unsettled lands in the said town of Painted-Post, were rejected by the comptroller for want of a proper specification of the lands taxed; and after having so ascertained such rejected taxes, and the lands upon which the same were laid, or intended to be laid, specifically to designate the same lands, always excepting such as are now occupied, and to charge the same with the taxes so as aforesaid rejected, in addition to the tax of the present year thereon, and to insert the same in the assessment roll of the present year; and the said rejected taxes, so charged, shall be a

lien on the said lands, and be returned to the comptroller's office, and be chargeable with interest, and the like proceedings be had for the collection thereof, in all respects, as for the tax of the present year.

II. And be it further enacted, That the treasurer of the said county of Steuben, upon receiving the said taxes, shall pay the amount thereof to Daniel Goodhue, or so much thereof as shall be necessary to discharge an equitable claim which he has, for making a certain road, under a contract with the commissioners of highways of the said town of Painted-Post.

CHAP, CCXX.

AN ACT for the relief of Jacob Dockstader.

Passed April 14, 1817.

WHEREAS by the act, entitled "an act granting the pre-emption right to certain lands to William Sternbergh," passed March 24th, 1815, the said Sternbergh was authorised to locate two hundred acres on any unappropriated land, belonging to the people of this state, in the late Oneida reservation: Provided, that no such location should be made or received on any lot of land, in the said reservation, which, in the opinion of the surveyor general, ought not to be granted; and it appears from the report of the surveyor general, that he permitted said Sternbergh to make such location on any of said lands: Provided, that if there were any improvements on the land, so to be located, he should produce proper releases of the same from the Indian occupants thereof; that in order to effect said location, the said Sternbergh procured a release from the said Jacob Dockstader, one of the Indian occupants, of his improvements, for which the said Sternbergh made him a payment in part, and gave written obligations for the residue of the consideration; that there were other improvements on the land described by said Sternbergh, as intended to be located, of which he did not procure a release, and for which the Indian occupants have been paid on the part of the people of this state: And whereas it appears from these facts, that the said Sternbergh, through a failure in performing the conditions of the aforesaid act, has forfeited the right thereby intended to be given to him: Therefore,

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That it shall be lawful for the person administering the government of this state, to pay to the said Jacob Dockstader the value of the improvements which were released as aforesaid, as the same has been appraised by the persons for that purpose appointed on the part of the state, deducting therefrom the amount which he has actually received from said Sternbergh in consideration of such release: Provided, that he assign to the people of the state the obligations he has received from said Sternberg for the residue of such consideration; and in that case it shall be lawful for the person administering the government of this state, to cause to be delivered to the said William Sternbergh such obligations, and pay

him the amount which he has actually paid to the said Jacob Dockstader as aforesaid: Provided, he the said Sternbergh shall execute a release to the people of this state, for all claim he may have by virtue of, or under pretence of, the aforesaid act.

II. And be it further enacted, That it shall be lawful for the comptroller to draw his warrant on the treasurer, for the monies required for the purposes aforesaid.

CHAP. CCXXI.

AN ACT to amend the act, entitled " an act to annex the town of Colonie to the city of Albany."

Passed April 14, 1817.

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the provisions contained in the eleventh, twelfth, thirteenth, fourteenth, fifteenth and sixteenth sections of the act, entitled" an act relative to the city of Albany," passed the 6th day of April, 1813, shall be and hereby are extended to the fifth ward of the said city, so far as the same relate to opening, extending, widening, straightening or laying out any street or highway, and to pitching, levelling, forming and paving such street or highway, or repairing, cleaning and sweeping, and scraping the same, and to making, scouring and repairing common drains or sewers.

II. And be it further enacted, That so much of the third, fourth and fifth sections of the act hereby amended, as relates to the opening, laying out, extending, straightening or mending any street or road in the said fifth ward, be and the same is hereby repealed.

CHAP. CCXXII.

AN ACT to amend an act, entitled "an act for the inspection of

fish."

Passed April 14, 1817.

BE it enacted by the people of the State of New-York, represented in senate and assembly, That no pickled or salted fish, in barrels or half barrels, shall be sold or offered for sale within this state, unless put up and inspected in the mode prescribed by the act, entitled "an act for the inspection of fish," passed the 26th day of March, 1813; and that every person who shall sell or offer to sell any pickled or salted fish, contrary to the provisions of this act, shall forfeit, for each barrel thereof, the sum of twelve dollars, and for each half barrel the sum of six dollars, to be recovered, with costs, in the manner prescribed by the fifteenth section of the act hereby amended: Provided, that nothing herein contained shall extend to any sale of fish at places where they are usually caught, nor to fish caught in the western district of this state,

CHAP. CCXXIII.

AN ACT to amend the act, entitled “ an act relative to incorporations for manufacturing purposes."

Passed April 14, 1817.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, it shall and may be lawful for any five or more persons, who shall be desirous of forming a company for the purpose of manufacturing Morocco and other leather, to associate together and form such company, according to the directions and restrictions mentioned in the act, entitled "an act relative to incorporations for manufacturing purposes," passed March 22d, 1811; and such company when formed, and their successors, shall be a body politic and corporate, in fact and in name, with all the privileges, capacities and liabilities in said act mentioned and contained: Provided, nevertheless, that no company or companies who shall become a body corporate under this act, shall be allowed to locate their establishment in any other counties than Greene and Delaware: And also, that the capital stock of any such company shall not exceed the sum of sixty thousand dollars: And provided further, that it shall be lawful for the legislature, at any time after two years, to dissolve any incorporations who may be formed under this act.

CHAP. CCXXIV.

AN ACT for the amendment of the incorporation of the Farmers' and Mechanics' manufacturing company, of the town of NewBerlin, in the county of Chenango.

Passed April 14, 1817.

WHEREAS the trustees and stockholders of the Farmers' and Mechanics' manufacturing company, of New-Berlin, in the county of Chenango, have petitioned the legislature for permission to increase their capital stock, from fifty thousand to one hundred thousand dollars, to enable them to go on successfully in their undertaking, which request is deemed reasonable and expedient to grant: Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said company, by and with the assent of a majority of the stockholders of the said company, to add to their stock any amount they shall deem necessary and expedient, not exceeding in the whole, including the present capital, one hundred thousand dollars in amount: Provided, that no banking business shall in any manner be carried en by said company.

KK

Preamble.

way.

CHAP. CCXXV.

AN ACT relative to the Chenango turnpike road.
Passed April 14, 1817.

WHEREAS the president and directors of the Chenango turnpike road, have under their corporate seal relinquished and surrendered all the right, title and property which the said company have in and to the road mentioned in their charter of incorporation, and the toll bridges thereto belonging, and in particular, the road from Oxford to the Unadilla river, erected by virtue of the act, entitled "an act supplementary to an act, entitled "an act to establish a turnpike corporation, for opening and improving a certain road therein described, within the counties of Oneida and Chenango," passed April 4th, 1903; and also, all the right and authority which he said company have to build, have and hold a toll bridge over the Unadilla river, by virtue of the act aforesaid: Therefore,

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the above said turnpike road is herePublic high by declared to be a public highway, and that it shall be the duty of the commissioners of highways, in the respective towns of this state through which the Chenango turopike road passes, to divide the said turnpike road into convenient road districts, and to assess such person or persons as reside on the said road, in the same manner as others are assessed in said towns.

II. And be it further enacted, That the provisions of this act shall take effect and be obligatory immediately after the passing of the same, any thing in the act to regulate highways to the contrary notwithstanding.

CHAP CCXXVI.

AN ACT to secure public officers against vexatious suits.

Passed April 14, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That in all cases where any suit at law hath been, or shall be commenced or prosecuted in any of the courts of this state, against any person or persons whatsoever, for any act, matter or thing done or committed by virtue of any commission, authority or appointment whatsoever from the government of the United States, and any person or persons acting in aid or assistance of such officers, by their request, the said court or any judge thereof in vaorder stay of cation, may at his or their discretion, upon application or due proof proceedings. by affidavit, order a stay of proceedings therein, until the plaintiff shall give, or cause to be given, such security as the said court or any judge thereof may approve, to pay to the defendant all such costs as by any order or judgment of the said court may be awarded, or orderdered to be paid to the defendant by the plaintiff in such suit; and if such security shall not be given within such reasonable time as the said court or judge may direct, the said defendant may thereafter

Court or judge may