Sections of

chattels in such manner as they shall judge to be most beneficial and conducive to the ends of their trust: Provided, That the annual revenue or interest arising from the real and personal estate of such incorporated school shall not exceed the sum of three thousand dollars.

2. And be it further enacted, That the third, fourth and fifth secan act to ap- tions of the act entitled "an act relative to the incorporation of Lanply. castrian and other schools," passed February twenty-third, one thousand eight hundred and twenty-one, shall be applicable to, and form a part of this act.

To be a dis

3. And be it further enacted, That the said district, erected by triet school. this act, shall be a district school for all the purposes of an act entitled an act for the support of common schools, and become and be, to all intents and purposes, such district school; and as such shall be entitled to all the benefits and privileges, and subject to all the provisions of the said act: Provided, That the school to be kept therein shall be kept on the system, and for the purpose mentioned in the first section of this act.

Proviso.

Duty of trus tees and clerks.

$4000 to be raised,

How asses

tected.

4. And be it further enacted, That it shall be the duty of the trustees to appoint a clerk who shall record the proceedings of the said trustees, and also a collector, who shall collect all monies levied by order of the said trustees, by way of tax or otherwise, and who shall give security to the said trustees for the faithful performance of his duties, and either of whom may be removed by the said trustees at their pleasure.

5. And be it further enacted, That the said trustees may cause a sum not exceeding four thousand dollars to be raised by tax upon the vote of the freeholders and inhabitants of the said district, at a To build meeting duly notified for that purpose, to purchase a site and build a school house. school-house thereon, within said district, agreeable to the provisions of this act, and which shall be valued and assessed by the assessors, sed and col to be appointed by the said trustees, upon the real and personal estate of all the taxable inhabitants residing within the aforesaid district; the one half thereof to be collected in the year in which the same shall be levied, and the other half thereof in the next succeeding year; and which shall be collected by the said collector by virtue of a warrant, under the hands and seals of the said trustees, and shall be by him paid over to the said trustees, who shall faithfully lay out the same, in the purchase of said site, and the erection of such school-house.

Duty of trus

tees.

6. And be it further enacted, That it shall be the duty of the trustees appointed by virtue of this act, to cause to be kept and maintained, in said district, a school upon one of the systems mentioned in the first section of this act; and to apply all the funds and property, to be raised for the support of the said school, to that object; and that they shall take the care and management of the same.

CHAP. 71.

AN ACT to alter the time of holding Town Meetings in the Town of Sardinia, in the County of Erie.

Passed March 15, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the annual town meetings of the freeholders and inhabitants of the town of Sardinia, in the county of Erie, shall hereafter be held on the first Tuesday in March in every year; and that all such town officers, whose duty it is to meet on the last Tuesday of March, shall meet on the last Tuesday in February, in every year, to do and transact such business as to their respective offices may appertain: Provided, That this act shall not take effect until the first Tuesday in March, one thousand eight hundred and twenty-eight.

CHAP. 72.

AN ACT authorising Lemuel B. Searls to erect a Dam across the Canisteo river.

Passed March 15, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Lemuel B. Searls is hereby authorised to erect a dam across the Canisteo river, in the town of Addison, county of Steuben, on lot number three in the town aforesaid, said dam not to exceed two feet six inches in height, for the purpose of supplying his mills, which he is about to erect, with a sufficiency of water to propel the same: Provided, That the said Lemuel B. Searls shall erect or construct 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: And provided further, That if the passage aforesaid shall be at any time obstructed, the grant hereby intended to be made shall be absolutely void: Provided, That nothing herein contained shall be construed to authorise the said Lemuel B. Searls to raise his dam in a manner that shall overflow the lands of any other person; and that it shall be lawful for the legislature at any time to repeal or modify this act.

8

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Route may

CHAP. 73.

AN ACT amending an act entitled "An act to establish a Turnpike Company, for improving and making a road from the town of Salisbury, in the State of Connecticut, to Wattles' Ferry, on the Susquehannah river," passed April 1st, 1800, and the several acts subsequently passed amending the same.

Passed March 15, 1827.

1. BE it enacted by the People of the State of New-York, reprebe changed. sented in Senate and Assembly, That it shall and may be lawful for the president, directors and company of the Susquehannah turnpike road, to make such alterations and so to change the route of their road from the village of Madison to the Delaware river, as a majority of said directors shall deem expedient; and for that purpose, they shall have, possess and exercise all the rights, powers and privileges, and be subject to all the restrictions contained in that part of the third section of an act entitled "an act relating to turnpike companies," passed March 13th 1807, which relates to the acquiring, possessing and owning land, the appraisal and assessment of damages and payment thereof: And provided, They shall alter the route of their road, they may abandon such parts of their present road as shall thereby become useless to them.

Proviso.

gates on cer

tions.

2. And be it further enacted, That whenever the said president, directors and company shall have reduced the elevation on their road at each and every place between the villages of Catskill and Madison, to four and an half degrees from a horizontal line, and from the village of Madison to the place where their second gate now stands, May erect 2 to four degrees, the said president, directors and company may aboltain condi- ish their said second gate, and instead thereof erect two gates and `collect one half the amount of toll at each, which they are now authorized to collect at a full toll gate; and so to place said gates that at all times one of them shall be at least five miles west of their eight mile stone, and the other at any place between said eight mile stone and the village of Madison: Provided however, That whenever said president, directors and company shall have erected said gates as aforesaid, they shall remove their present gate at the village of Madison to some place east of said village: And further, That when they shall have erected their gates as aforesaid, it shall not be lawful for them to receive from the inhabitants of the town of Catskill, residing west of the place where said second gate shall at any time herafter be placed, nor from the inhabitants of the town of Cairo residing south of the road of the Schoharie kill bridge company, or of the Susquehannah turnpike road, more toll than a reasonable proportion for the distance they shall or may travel on their said road.

Proviso.

Canditions

QA which

erected.

3. And be it further enacted, That on every ten miles of their gates to be road between their present second gate and the Delaware river, which the said president, directors and company shall so reduce that the elevation in no place shall exceed four degrees from a horizontal line, it shall be optional with them, either to maintain one full toll gate and no more, on said ten miles, or two half toll gates at the dis tance of five miles from each other.

4. And be it further enacted, That whenever the said president, Conditions directors and company shall have erected any gate or gates agreeato be applied to gates to be bly to either of the two preceding sections of this act, they shall be- erected. come subject to the provisions and conditions of the sixteenth section of the act herein before alluded to, passed March 13th, 1807: And further, it shall not be lawful for them to demand or receive toll at their said gates between the villages of Catskill and Cairo, of any person who shall be compelled by law to attend court as witnesses or jurors at the court-house in Catskill, excepting those with loads.

5. And be it further enacted, That in case any person or per- Penalty for sons shall hereafter pass through either of the gates of said company, evasions. not having paid the legal toll demanded, or shall leave said road before arriving at a gate and again come on to the said road after passing said gate, thus avoiding the payment of toll thereat, unless on necessary business, for every such offence, every such person shall forfeit and pay the sum of fifteen dollars, to be recovered by the treasurer of said company, for their use, in any action of debt, with costs of suit.

Gates re

certain pla

ces.

6. And be it further enacted, That nothing in this act shall be so construed as to permit the said president, directors and company, stricted in to erect a gate on their present road, between the west end of the road of the Schoharie kill bridge company, and the Delaware bridge; and it shall be the duty of said company to maintain at least as many Duty of coingates on their road between the east and west ends of the road of the pany. Schoharie kill bridge company, as are or shall be maintained by said bridge company, on their said road, and to collect not less than the same amount of toll, of the several persons travelling said road, than is or shall be collected by said bridge company, on their said road; and in case of opening their gates and reducing their toll, below what is or shall be charged and collected by the said Schoharie kill bridge company, except in extraordinary cases, or required so to do by due course of law, then and in such case, they shall also open their half toll gate between Cairo and Madison; nor shall they close the same until they shall have closed their gate or gates above alluded to, or raise their toll as above specified.

Commun

7. And be it further enacted, That it shall and may be lawful for the said president, directors and company to commute for the tell tion allowed. of their several gates, as they shall deem equitable and just.

CHAP. 74.

AN ACT relative to the Commissioners of Highways in the Town of Scaghticoke.

Passed March 16, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the commissioners of highways of the town of Scaghticoke, shall account for all money received by them from the Scaghticoke Point bridge company, under the eighth section of the act incorporating the said company, to the same officers, and at the time and in the manner they are required to account

for money by them received under the "act to regulate highways," passed 19th March, 1813.

CHAP. 75.

AN ACT to amend the act entitled "An act to incorporate the President, Directors and Company of the Fulton Bank, of the city of New-York."

Passed March 16, 1827.

1. 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 president, directors and company of the Fulton bank, of the city of New-York, to reduce the capital stock of the said bank, from one million of dollars to seven hundred and fifty thousand dollars, by altering the amount of each share, at such time or times, and in such manner, and subject to such regulations, as the said president and directors of the said bank may prescribe and adopt to correspond with such reduction.

2. And be it further enacted, That it shall not be lawful for the said bank, at any time hereafter, to increase the capital thereof above the sum of seven hundred and fifty thousand dollars.

CHAP. 76.

AN ACT for the relief of Mary Ann Patrick.

Passed March 16, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all the right, title and interest which the people of this state may have acquired by reason of the death of John Patrick, and the alienism of his relatives, of, in and to the real estate within this state whereof the said John Patrick died seized, be and the same is hereby relinquished and releas ed to, and vested in Mary Ann Patrick, the widow of the said John Patrick, her heirs and assigns for ever in as full and ample a manner to all intents and purposes as if the same had been devised and bequeathed to her and her heirs, by the said John Patrick, by any last will and testament duly executed and published according to law, subject nevertheless to the payment of the debts of the said John Patrick: Provided always, That nothing in this act contained shall be construed or intended to preclude or bar, or in any wise to affect the right, title or interest of the people of this state, or of any citizen or citizens of the United States, of, in or to the said real estate or any part thereof, excepting the title which the people of this state may have by reason of the alienage of the relatives of the said John Patrick: Provided, That this act shall not extend to any other real estate than to a house and lot of ground in Bridge-street in the city of New-York, and to a lot of land in the