Surplus to be efunded. Public act. 6. And be it further enacted, That if upon the completion of any such improvements as aforesaid, it shall appear to the trustees of said village that a greater sum of money has been bona fide expended in making such improvements, than the sums estimated and collected as aforesaid, it shall be lawful for the said trustees to cause a further assessment, equal to such excess, to be made and collected in the manner aforesaid: And further, That in case the sum expended shall be less than the sums collected as aforesaid, the surplus shall be forthwith refunded to the persons from whom the same were collected, or their legal representatives. 7. And be it further enacted, That this act shall be a public act, and shall be liberally construed in all courts and places whatso ever. Corporation created. Style, &c. Stock. Rates of toll. CHAP. 256. AN ACT to Incorporate the Stephentown and Nassau Turnpike Company. Passed April 14, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Ario Pardee, Elijah Graves, Edmund Cherwoy, and such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the dwelling-house of Edmund Cherwoy, in the town of Stephentown, and running from thence in the most direct and practicable route to Abijah Bush's dwelling-house, in the town of Nassau, and their successors, be and they are hereby created a body corporate and politic, by the name of "the president, directors and company of the Stephentown and Nassau turnpike road ;" and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts whatsoever, in all manner of actions, complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and for no other purpose whatsoever. 2. And be it further enacted, That the stock of said company shall consist of six hundred shares, of ten dollars each, and that Roland Mosley, Edmund Cherwoy and Newton Goold, be and they are hereby appointed commissioners to receive subscriptions for the stock, in the manner directed in and by the act entitled an act relative to turnpike companies," passed the thirteenth day of March, in the year of our Lord one thousand eight hundred and seven. 3. And be it further enacted, That as soon as the road hereby authorised shall be completed, and a license obtained in the manner specified in the act above referred to, it shall and may be lawful for the said president, directors and company, to cause one gate to be erected on the said road, and to exact at said gate the tolls hereinafter mentioned, that is to say: For every score of sheep, six cents; for every score of hogs, six cents; for every score of cattle, horses or mules, fifteen cents; and so in proportion for a greater or less number; for every horse and rider or led horse, three cents; for every sulky, chair or chaise, with one horse, eight cents, and five cents for every additional horse; for every chariot, coach, coachee, razee cr phaton, fifteen cents; for every stage, wagon or other four wheel carriage drawn by two horses, mules or oxen, eight cents, and four cents for every additional horse, mule or ox; for every cart, sleigh or sled drawn by two horses, oxen or mules, six cents, and every additional horse, mule or ox, three cents; for every wagon drawn by one horse, six cents; and for every sleigh or sled drawn by one horse, four cents. 4. And be it further enacted, That it shall and may be lawful to and for the said president and directors, at any time, and at such times as in their discretion they may think proper, to commute with all persons travelling the said road, by the year, or for any shorter period. ers. 5. And be it further enacted, That Abel Wright, Jonathan D. CommissionElmore, and William Baily, of the county of Columbia, or any two of them, be and they are hereby appointed commissioners to survey and lay out the said road, subject to the regulations and restrictions prescribed and contained in the aforesaid act entitled "an act relative to turnpike companies," and to execute and perform all the duties therein mentioned, as fully as if the said commissioners had been appointed in the manner prescribed by the said act. 6. And be it further enacted, That the president, directors and Privileges. company hereby incorporated, shall have and enjoy all the rights, privileges, powers and immunities, which are given and granted in and by the before recited act relative to turnpike companies, and shall be subject to all the conditions, provisions, restrictions and regulations contained in the same, saving and excepting where the same are contrary to the provisions of this act: And provided, That it shall only be necessary for the said corporation to make the said road of the breadth of twenty-five feet, with sufficient ditches to carry off the water, and of the materials and in the manner directed by the act entitled "an act for establishing the Rensselaer and Columbia turnpike road," passed April 1st, 1799, and the several acts amending the same. 7. And be it further enacted, That it shall and may be lawful Power to refor the legislature at any time hereafter, to alter, modify, or repeal peal. CHAP. 257. AN ACT in relation to the assessment and collection of certain Passed April 14, 1827. 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, the city of Schenectady and its inhabitants shall be and are hereby exempted from the operation of the act, entitled "an act to regulate highways," passed March 19th, 1813; and shall also be exempted from the operation of the act, entitled "an act relative to the city of Schenectady," passed April 12, 1822; and shall also be exempted from the operation of the act, entitled "an act to amend an act entitled "an act relative to the city of Schenectady," passed February 14th, 1823, so far as the said acts relate to the repairing and keeping in order the highways within said city, and the assessments for road work for the same: and that the mayor, aldermen and commonalty of the said city of Schenectady be and they are hereby authorised and required to repair and keep in order the highway's within their jurisdiction, in such manner as they shall think proper: and the common council of said city shall yearly determine the sum necessary to be raised by tax, for defraying the expenses of keeping the highways aforesaid in repair, for the year next ensuing; and the supervisors of the said city and county being served with a copy of the resolution of the said common council, directing such sum, shall cause the same to be assessed, levied and collected, according to law, as other taxes are assessed and collected; and such money, when collected, shall be paid to the treasurer of the said city, and shall be drawn, expended and applied under the direction of the common council aforesaid. ย Fid. Certificate CHAP. 258. AN ACT for the relief of the First Presbyterian Society of the Passed April 14, 1827. 1. Be it enacted by the People of the State of New-York, repredeclared va- sented in Senate and Assembly, That the certificate of incorporation of the first Presbyterian society of the town of Pittsford, in the county of Monroe, under the act, entitled "an act to provide for the incorporation of religious societies," acknowledged before Mortimer F. Delinoe, Esq. a commissioner under the act of 19th April 1823, and the recording of said certificate in the county clerk's office in the county of Monroe, be, and the same is hereby declared valid, to all intents and purposes, for the purpose of constituting said society a body corporate and politic, under the provisions of the said act, entitled "an act to provide for the incorporation of religious societies," as if the same had been proved or acknowledged before the chancellor or one of the judges of the supreme court, or one of the judges of the court of common pleas of the county of Monroe. gaged. 2. And be it further enacted, That the trustees of said society, or Real estate their successors in office, are hereby authorised to mortgage any real may be mort. estate belonging to, or which may hereafter be owned by said society or congregation, for the purpose of raising such sum or sums of money not exceeding in amount fifteen hundred dollars, as the said trustees, or a majority of them, may think necessary to finish and complete the building for public worship already erected by said society. CHAP. 259. AN ACT in relation to the Records of Deeds in the Counties of Passed April 14, 1827. of Cortland 1. BE it enacted by the People of the State of New-York, re- Duty of the presented in Senate and Assembly, That the board of supervisors supervisors in Cortland county shall be, and they hereby are authorised, at any county. regular meeting of the said board, to require and direct the clerk of the said county to make true copies of all the records of deeds and other evidences of title of, in or to any lands in the said county which had been recorded in the counties of Cayuga and Onondaga before the said county of Cortland was by law established: Provided however, That a majority of the whole number of supervisors in said county shall assent to the same. clerk. 2. And be it further enacted, That it shall be the duty of the of the counsaid clerk, whenever thereunto required by the said board of super-ty visors, with all convenient expedition, to proceed and make such copies of the said records and enter the same in a convenient and suitable book to be procured by him for that purpose; and when the said copies of records shall have been completed, he shall annex thereunto his certificate that the same are correct and true; he shall not however be required to make more than two such certificates, that is to say, one for the copies of records in the the couuty of Onondaga and the other for the copies of records in the county of Cayuga; and the said copies of records so made and certified by the said clerk shall have the same effect and validity, and may be given in evidence in the same manner as the original records from which they shall be taken, and shall in all respects be regarded and considered as records of the said deeds or evidences of title, any law, custom or usage to the contrary notwithstanding. 3. And be it further enacted, That in case the said supervisors Abstracts. shall elect to have an abstract or brief description of the deeds so recorded as aforesaid, in the counties of Cayuga and Onondaga, relating to and affecting lands in the county of Cortland, instead of having copies of the said records, as provided for by this act, it shall be the duty of the said clerk to prepare and make out such abstract or brief description of said deeds, from the records in said counties, adding thereto a short account of the several awards in relation to the title of the military lands, made by the commissioners appointed records. for that purpose, which may be found in the clerk's office of the Clerk to have 4. And be it further enacted, That it shall be the duty of the Clerk's com pensation. 5. And be it further enacted, That the clerk of the county of Cortland shall be entitled for his services in making copies of records under this act to such compensation as he is now entitled by law to receive for recording deeds, and for any services he may render under the provisions of the third section of this act, he shall be entitled to such compensation as the supervisors of the county of Cortland shall deem just and reasonable, and all charges and expenses incurred under this act shall be audited and allowed by the said board of supervisors as part of the contingent expenses of the said county. Bounds of CHAP. 260. AN ACT to incorporate and vest certain Powers in the Freehold- Passed April 14, 1827. 1. Be it enacted by the People of the State of New-York, reprethe village. sented in Senate and Assembly, That the section of the town of Bushwick, known by the name of Williamsburgh, and contained within the following bounds, viz: beginning at the bay or river opposite the town of Brooklyn, and running thence easterly along the division line between the towns of Bushwick and Brooklyn, to the land of Abraham A. Remsen; thence northerly by the same to a road or highway, at a place called Sweed's Fly; thence by the said highway to the dwelling-house late of John Vandervoort, deceased; thence in a straight line northerly, to a small ditch or creek, against the meadow of John Skillman; thence by said creek to Normans kill; thence by the middle or centre of Normans kill to the East river; thence by the same to the place of beginning, shall continue to be known and distinguished by the name of" the village of Williamsburgh ;" and the freeholders and inhabitants qualified to vote at town meetings, who may from time to time reside within said limits, may, on the first Monday of November, one thousand eight hundred and twenty-seven, meet at some proper place within the limits aforesaid, to be appointed and notified to the inhabitants by the trustees named in this act, at least one week previous to the said Monday, and then and there proceed to elect by ballot, five discreet freeholders, resident within said village, to be trustees thereof, who when chosen shall possess and exercise the several powers and rights herein after specified. 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