town, thence southwardly on the east line of the towns of Lincklaen and German, to the northeast corner of lot number twenty-eight, in Brackel township, thence westwardly on the line of lots to the west boundary line of the town of German, striking the said west boundary line in the north west corner of lot number thirtysix in Brackel township, thence northwardly on the west line of the towns of German and Lincklaen, to the place of beginning, shall Town meet be and the same are hereby erected into a separate town by the ings in. name of Pitcher, and that the first town meeting of said town shall be holden on the first Tuesday of March next, at the house of Abel Chandler in said town. Town meet man. 2. And be it further enacted, That all the remaining part of the ings in der said town of Lincklaen, shall be and remain a separate town by the name of Lincklaen, and, the first town meeting shall be held on the first Tuesday of March next, at the house of Benjamin H. Burdick in said town, and all the remaining part of the said town of German, shall be and remain a separate town by the name of German, and the first town meeting shall be held at the house of Abel Livermore, in said town, on the first Tuesday of March next. Poor monies vided. 3. And be it further enacted, That as soon as may be after the and poor di- first town meetings in the said towns of Lincklaen, German and Pitcher, the supervisors and overseers of the poor of said towns, upon notice to be given by the said supervisors, or any one of them for that purpose, shall meet together and apportion the poor and poor monies belonging to the said towns of Lincklaen and German at the time of the division thereof, agreeably to the last assessment lists of said towns, and also all other monies belonging to said towns, and each of the said towns of Lincklaen, German and Pitcher, shall forever thereafter support its own poor. School mo 4. And be it further enacted, That the school monies of the ney divided said towns of Lincklaen and German, for the year one thousand eight hundred and twenty-six, shall be distributed in the same manner as if this act had not been passed. Dam may be erected. Proviso. Dam may СНАР. 40. AN ACT to authorise John Brown and Josiah Brown, to erect a Passed February 13, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for John Brown and Josiah Brown of the town of Elmira, in the county of Tioga, to erect a dam across the Tioga river,opposite the farm on which they now reside, at or near the place where their temporary dam is now erected: Provided, That the said John Brown and Josiah Brown, shall erect an apron or lock, in said dam, of such construction as to render the passage safe and easy for rafts and arks, common in said river, at all times during the continuance of said dam. 2. And be it further enacted, That if at any time after the be removed, construction of said dam as aforesaid, the commissioners of high ways in and for the said town of Elmira, shall consider the said dam as obstructing the free navigation of said river, they may in their discretion, cause the same to be removed. served. 3. And be it further enacted, That it shall and may be lawful Right refor the legislature at any time hereafter to repeal this act, and to resume any right or privilege hereby granted, without compensation. CHAP. 41. AN ACT to authorise John Emins, to erect a Dam across the Ti oga River. Passed February 13, 1827. 1. BE it enacted by the People of the State of New-York, repre- Dam may be sented in Senate and Assembly, That it shall be lawful for John erected. Emins, of the town of Big Flatt, in the county of Tioga, to erect a dam across the Tioga river, opposite the farm on which he now resides in said town: Provided, That the said John Emins shall erect Proviso an apron or lock, in said dam, of such construction as to render the passage safe and easy for rafts and arks common in said river, at all times during the continuance of said dam. 2. And be it further enacted, That if at any time after the con- Dam may be struction of said dam as aforesaid, the commissioners of highways removed. in and for the said town of Big Flatt, shall consider the said dam as obstructing the free navigation of said river, they may in their discretion cause the same to be removed. 3. And be it further enacted, That it shall and may be lawful for Right re the legislature at any time hereafter to repeal this act, and to resume served. any privilege hereby granted, without compensation. СНАР. 42. AN ACT to incorporate the Society of the Friendly Sons of Passed February 13, 1827. WHEREAS the members of a society instituted for the relief of Preamble. indigent natives of Ireland, and their descendants, have petitioned the legislature for an act of incorporation, the better to enable them to obtain the objects of their association: Therefore, created. 1. BE it enacted by the People of the State of New-York, repre Corporation sented in Senate and Assembly, That John Chambers,James McBride, James Magee, Alexander Charters, John Montgomery, John Cauldwell and Daniel McCormick, and such other persons as now are or hereafter shall become members of the society of the friendly sons of Saint Patrick, in the city of New-York, and are hereby constituted and declared to be a body politic and corporate, in fact and in name, corporate by the name of " the Society of the friendly sons of Saint Patrick in name and the city of New-York," and by that name they and their successors, powers. general Proviso. during the existence of the said corporation, shall and may have perpetual succession; and shall in law be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever and that they and their successors may have and use a common seal, and may change and alter the same from time to time at their pleasure, and also that by their corporate name, and in their corporate capacity, they and their successors may purchase, take, hold, use and enjoy, sell, lease and convey any estate, real or personal, for the use and benefit of said corporation: Provided, That the annual income of such real and personal estate shall not time exceed the sum of five thousand dollars. at any Constitution 2. And be it further enacted, That the said corporation shall and by-laws. have power to make such constitution, by-laws and regulations, as they shall judge proper, for the appointment of officers, for the admission of new members, for the government of the officers and members thereof, for collecting annual contributions from the members towards the funds thereof, for regulating the times and places of meeting of the said society, for suspending or expelling such members as shall neglect or refuse to comply with the by-laws or regulations, and for the managing and directing the property, affairs and concerns of said society: Provided, That such constitution, by-laws and regulations, be not inconsistent with the laws or conFurther pro stitution of this state, or of the United States: Provided further, That the said corporation shall not engage in any banking business, nor dispose of any of its funds for any other purpose than the relief of such members of the said society, natives of Ireland, and children, and grand children of natives of Ireland, or of a member of said society, as may become indigent and poor. Proviso viso. Officers to hold their places until others are elected. A public act. Proviso, Right reserved. 3. And be it further enacted, That the present officers of said society, shall hold their respective offices until others shall be chosen in their places. 4. And be it further enacted, That this act be, and hereby is declared to be a public act, and that the same shall be construed in all courts and places, benignly and favourably for every beneficial purpose therein intended, and that no misnomer of the said corporation in any deed, gift, grant, devise, or other instrument of contract or conveyance, shall vitiate or defeat the same: Provided, The corporation shall be sufficiently described to ascertain the intention of the parties. 5. And be it further enacted, That the legislature may at any time hereafter amend, alter, modify, or repeal this act. CHAP. 43. AN ACT for the relief of Alvin Marsh. Passed February 19, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the sheriff of the county of Onondaga shall discharge Alvin Marsh from his imprisonment, by Virtue of any execution issued in favour of the people of this state, upon the said Alvin Marsh executing and delivering to the said sheriff, his bond to the people of this state, in the penal sum of five hundred dollars, conditioned for the payment of the amount directed to be raised by such execution, together with the sheriffs fees thereon, which bond shall be transmitted to the attorney-general, and shall be subject to his direction. CHAP. 44. AN ACT to authorise the Executors of Peter Schermerhorn, deceased, to become purchasers of his real estate. Passed February 20, 1827. 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 Peter Schermerhorn, Abram Schermerhorn, and Edward R. Jones, executors of the last will and testament of Peter Schermerhorn, late of the city of New-York, deceased, or either of them, to bid for and become purchasers of the real estate of the said Peter Schermerhorn, or any part thereof, at any regular public sale of such property, and to receive a conveyance or conveyances for the same, which shall be as valid in law, as though such persons had not been executors as aforesaid: Provided, That such sale, purchase and conveyances, and all proceedings under this act, shall be subject to such order, rules and regulations as shall be made by the chancellor of this state, on application to him for that purpose, before the making of such sale regulating the same: Provided also, That no such sale shall be made unless in the opinion of the chancellor, the same shall be necessary and beneficial to the parties for whom such property is holden in trust. CHAP. 45. AN ACT further to amend the act entitled" An Act for regulating trials of issues and for returning able and sufficient jurors." Passed February 20, 1827. duty. 1. BE it enacted by the People of the State of New-York, repre- Penalty for sented in Senate and Assembly, That every juror, sheriff or con- negleet of stable, whose duty it shall be, in pursuance of the provisions of the act entitled "An act to abolish imprisonment for debt in certain cases," to attend before the chancellor, any judge, recorder, or commissioner authorised to receive petitions under the said last mentioned act, and who, after being duly directed or summoned, shall refuse or neglect to attend accordingly, shall be liable to be fined by such chancellor, judge, recorder or commissioner, in a sum not exceeding twenty-five dollars; and in every case where such fine shall be imposed, and if such delinquent juror, sheriff or constable, who shall be fined as aforesaid, shall not within thirty days thereafter shew a satisfactory reason or excuse to such chancellor, judge, re Proviso. Summoning jurors. Proviso. corder or commissioner, for his default or non-attendance, it shall be the duty of the said chancellor, judge, recorder or commissioner, to make a special return of such delinquency, with the amount of fine imposed, to the court of common pleas then next to be held in and for the county in which such delinquent juror, sheriff or constable shall reside; and every such fine so imposed and returned shall be levied, collected and disposed of in like manner with the fines imposed under and by virtue of the act hereby amended: Provided always, That every court of common pleas to which any such delinquent shall be so returned, shall have full power in their discretion to mitigate or remit altogether any such fine whenever a satisfactory reason or excuse shall be shewn. 2. And be it further enacted, That any magistrate of any city or county in this state, authorised to issue a precept for the summoning of a jury in pursuance of the provisions of the act to amend an act entitled "An act concerning distresses, rents and renewal of leases" passed April thirteenth, one thousand eight hundred and twenty, may in his discretion cause such precept to be directed to any constable or marshal, empowered to serve process in any court; and every sheriff, juror, constable or marshal, who, after being duly directed or summoned, shall refuse or neglect to attend accordingly before such magistrate, or to perform the duties required by the said last mentioned act, as hereby amended, shall be liable to be fined by such magistrate, in a sum not exceeding twenty-five dollars; and every fine so imposed shall be returned by such magistrate, and levied, collected and disposed of, as directed by the first section of this act: Provided always, That every fine imposed by any one of the justices of the marine court, or assistant justices of the city of New-York, shall be levied, collected and disposed of in like manner with the fines imposed in the said marine court or assistant justices courts repectively, in other cases. CHAP. 46. AN ACT for the relief of the County of Montgomery. Passed February 20, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the comptroller allow and credit to the county of Montgomery the sum of sixty-six dollars and thirteen cents, the amount of rejected taxes assessed in the years eighteen hundred and nineteen, eighteen hundred and twenty, and eighteen hundred and twenty-one, on lots of land belonging to the state. And that in charging the county of Montgomery with the taxes assessed in the years eighteen hundred and twenty-two, eighteen hundred and twenty-three, and eighteen hundred and twentyfour, on certain lands in the township of Benson, in the town of Hope in said county, and which taxes have been or may be rejected by reason of the lands whereon they are assessed being the property of the state, the comptroller shall deduct such amount therefrom as shall be equal to the state tax included in the assessment on the said lands. |