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land-office interest on the appraised value of such part or parts of said lot as he may be entitled to purchase, under and by virtue of this act, and the act above named, to be calculated from and after the first day of January, one thousand eight hundred and twenty-four.

CHAP. 84.

AN ACT authorising the Board of Supervisors of Westchester
County to raise by tax an additional sum to build a Poor-
House in said County.

Passed March 19, 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 the board of supervisors of Westchester county to raise by tax on estates, real and personal, of the freeholders and inhabitants of the said county, a sum not exceeding three thousand dollars, in addition to the sum authorised to be raised in and by the first section of the act, entitled "an act to provide for the establishment of county poorhouses," passed 27th November 1824, to be applied in the manner and for the purposes directed in and by the act aforesaid.

CHAP. 85.

AN ACT for the relief of Heman Cady.

Passed March 19, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the commissioners of the landoffice be, and they are hereby authorised, to issue letters patent, to Heman Cady, his heirs and assigns, for twenty-nine acres, at the north west corner of lot number two hundred and fifty-two, in the Canadian and Nova-Scotia refugee tract, in the county of Clinton, as to the said commissioners shall appear proper, and for such price and upon such terms as shall be agreed upon, and be considered equitable by the said commissioners.

Corporation created.

CHAP. 86.

AN ACT to incorporate the Springville Academy, in the County of Erie.

Passed March 19, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Jarvis Bloomfield, Carlos Emmons, Augustus G. Elliott, Samuel Lake, Harry Sears, George Shuttes, Jacob Rushmore, Joseph McMillan, David Shuttes, Varney Ingalls, John Russell, and Samuel Cochran, and all such persons as

General

powers.

shall hereafter associate with them, shall be, and are hereby constituted and declared to be a body corporate and politic, in fact and in name, by the name of " Springville Academy ;" and they shall have Name, perpetual succession, and by that name shall 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, in all manner of actions, suits, complaints, bills, matters and causes whatsoever, and that they may have and use a common seal, and may change and alter the same at pleasure, and by their corporate name, and in their corporate capacity, they may purchase, hold, enjoy, sell, lease and convey any estate, real or personal, for the use and benefit of said corporation: Provided always, That the Proviso. yearly income of such estate shall not exceed the sum of two thousand dollars.

12 trustees.

2. And be it further enacted, That there shall be forever hereafter twelve trustees of the said corporation, who shall conduct and manage all the affairs thereof; and that the first trustees of said corporation shall be Jarvis Bloomfield, Carlos Emmons, Augustus G. First trustees Elliott, Samuel Lake, Harry Sears, George Shuttes, Jacob Rushmore, Joseph McMillan, David Shuttes, Varney Ingalls, John Russel and Samuel Cochran, who shall hold their offices until the first Tuesday in May, eighteen hundred and twenty-eight, and until others shall be chosen; and that Harry Sears shall be the first president, and that President Varney Ingalls shall be the first secretary, and that Samuel Cochran shall be the first treasurer of the said corporation, and shall hold their respective offices until others are chosen by the trustees, as hereinafter authorised; and if it should so happen, at any time hereafter, that the president elect does not attend at any meeting of the trustees, that the oldest trustee present shall be president pro tempore, of the said board.

and secreta

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Their pow

Vacancies

3. And be it further enacted, That on the first Tuesday in May, Election of eighteen hundred and twenty-eight, and yearly every year thereafter, trustees. on the first Tuesday in May, there shall be a general meeting of the members of the said corporation, at some convenient place in the town of Concord, to be fixed on by the by-laws of said corporation; and a majority of the members who shall so meet shall elect, by ballot, twelve trustees of said corporation, for the year then next ensuing; and the trustees shall have power to choose out of their own num ber, a president, treasurer and secretary, who shall immediately en- ers. ter upon the duties of their respective offices, and hold the same from the time of such election for and during the space of one year, and until others are elected in their stead: and in case any of the trustees shall die, resign, refuse or neglect to act, then and in every such case, the remaining trustees shall and may, within thirty days thereafter, elect by ballot other trustees in their stead, who shall hold their offices from the time of their election, until the first Tuesday in May, then next ensuing, and until others shall be chosen in their stead: And provided always, That the said trustees, at any of their meetings, 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 five: Provided also, That in case Further preit should at any time happen, that an election of trustees should not be made, when on the day pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, or for for any

how suppli

ed.

Proviso.

viso.

By-laws.

Quorum.

Instructors,

gen.

non-user, be deemed to be dissolved, but that it shall and may be lawful, on any other day, to hold an election for trustees in such manner as shall be provided by the by-laws of said corporation.

4. And be it further enacted, That the trustees of said corporation may make all such by-laws, rules and regulations, and repeal, alter, and amend the same, from time to time, for the government of said corporation and its affairs, and the management and disposition of the property and estate of said corporation, as they may deem expedient and most beneficial for the interest of the institution, and for the government and discipline of said academy, the course of studies to be pursued, the number of students, the terms and ages at which students shall and may be received, the terms and conditions on which they shall be dismissed or expelled, and for conducting all the concerns of the institution, in order to carry into effect the objects of the incorportion, in the most advantageous and useful manner; and that said trustees shall have power to call a general meeting of the members of the corporation in cases of extraordinary emergencies, who may adjourn from time to time; and that five shall be a quorum for the transaction of business.

5. And be it further enacted, That said trustees shall and may &c.how cho- nominate and appoint instructors to take charge of the academy, under the care, superintendence and direction of said trustees; and also all such other officers and servants as they may think necessary; and allow and fix their respective compensations, and such instructors, officers and servants, or any of them, at their pleasure, dismiss and discharge, and appoint others in their stead; and may prescribe and regulate their number, style or names of office, and their respective duties, and all other matters relating to said officers, touching the welfare of said institution.

Membership.

6. And be it further enacted, That any person who has heretofore contributed to any amount, or who shall hereafter contribute to the benefit of said corporation, any sum not less than five dollars, shall be a member thereof, and be entitled to the privileges granted to members thereof, by this act; and none others but such contributors to said institution, shall be deemed members thereof. Provision in 7. And be it further enacted, That in case it should at any case of non- time happen that an election of trustees should not be made on the day when, pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, or for any non-user, be deemed to be dissolved; but that it shall and may be lawful on any other day to hold an election for trustees, in such manner as shall be provided by the by-laws of said corporation.

election.

Public act.

Right to repeal.

8. And be it further enacted, That this act shall be and hereby is declared to be a public act, and shall be construed benignly and favourably for every beneficial purpose hereby intended; nor shall any non-user of the privileges hereby granted to said corporation, create and produce any forfeiture; and no misnomer of said corporation, in any deed, grant, gift, demise, will or testament, or other instrument, contract or conveyance shall defeat or vitiate the same, if the corporation be sufficiently described to ascertain the intention of the parties.

9. And be it further enacted, That the legislature may, at any time, alter, modify or repeal this act.

contracts.

10. And be it further enacted, That the trustees appointed by Provision as this act, are hereby empowered and authorised to collect all notes and to notes and subscriptions heretofore given to the trustees elected, by the subscribers for shares in the stocks, and subscribed for the purpose of erecting the said academy; and are also required to ratify and confirm all contracts made by Samuel Lake, Augustus G. Elliott, Harry Sears and George Shutters, (trustees chosen by the stockholders) for the purpose of purchasing materials, and. for labor necessary to the building of said academy.

CHAP. 87.

AN ACT to amend the act, entitled "An act declaring certain waters in the County of Steuben public highways,” pussed April 14th, 1815.

Passed March 19, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of Mud creek, in the county of Steuben, lying between Mud lake and Bartles' mills, on said creek, be, and the same is hereby declared a public highway, subject to all the provisions and restrictions of the aforesaid recited act.

2. And be it further enacted, That the commissioners of navigation, in the said county of Steuben, are hereby authorized and empowered to construct an apron or lock, in Jacob Bartles' mill dam, in such manner as will admit of the safe passage of arks, rafts and logs through the same: Provided, That the commissioners aforesaid, shall first obtain the consent of the said Jacob Bartles, or the person or persons who is or may be the owner of the said mills and dam, before they commence the construction of said lock and apron.

CHAP. 88.

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AN ACT to amend the Act passed April 10th, 1824, entitled" An
Act to authorise Isaac Baldwin to build a Dam across the North
Branch of the Tioga river, at the village of Newtown.

Passed March 19, 1827.

WHEREAS Isaac Baldwin, in and by the act above referred to, was authorised to build and erect, and to keep erected, a dam across the north branch of the Tioga river, opposite the village of Newtown, in the county of Tioga, not to exceed eighteen inches in height above the mean level of said river, between Tuttle and Covell's store-house dock, in said village, and the westerly line of that part of the said village called De Wittsburgh, under the restrictions in the said act mentioned: And whereas the said Isaac Baldwin has, since the passage of the said act, erected a grist mill farther up the shore of the said river than was then contemplated, by means whereof a dam, erected within the points in said act prescribed, would not enable him to use the water of said river for the said mill: Therefore,

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Isaac Bald

dam.

Apron.

1. BE it enacted by the People of the State of New-York, reprewin to erect sented in Senate and Assembly, That it shall be lawful for the said Isaac Baldwin, and he is hereby authorised to erect, and keep erected, a dam across the said north branch of said river, between his said mill and the head of Davis' Island, not to exceed eighteen inches in height above the mean level of said river; and also to erect, and keep erected, an apron across the south branch of said river, at or near the head of the said Island, not to exceed six inches in height, with the privilege of putting up boards edgewise, upon said apron, across said south branch, in low water: Provided, That the said dam and apron shall be so constructed as to admit a safe passage over the same, for arks and rafts, in common arking and rafting freshets in said river: And provided further, That the commissioners of highways of the town of Elmira, in said county of Tioga, may, at any time hereafter, vacate and destroy the said dam, in case the safe navigation of the said river in freshets, as aforesaid, shall require such vacation and destruction.

Proviso.

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2. And be it further enacted, That the legislature may, at any time hereafter, if in their opinion the public good shall require the same, alter, amend or repeal this act.

CHAP. 89.

AN ACT to divide the Town of Brutus, in the County of Cayuga.
Passed March 19, 1827.

1. BE it enacted by the People of the State of New-York, repreSennett er sented in Senate and Assembly, That from and after the passing of this act, all that part of the now town of Brutus, which lies south of the north line of lots numbers ninety-six, ninety-seven, ninety-eight, ninety-nine and one hundred in said town, shall be and the same is hereby erected into a separate town by the name of Sennett, and the first town meeting shall be held on the first Tuesday of April next, at the house of Ebenezer Phelps in said town.

Brutus.

Duty of Supervisors

and poor

masters.

2. And be it further enacted, That all the remaining part of the town of Brutus, shall be and remain a separate town by the name of Brutus, and the first town meeting shall be holden at the house of Samuel Henry in said town, on the first Tuesday of April next.

3. And be it further enacted, As soon as may be, after the first town meetings in said towns, the supervisors and overseers of the poor of said towns, upon notice to be given by said supervisors, or one of them, shall meet together, and apportion the poor, poor monies, and also all other monies belonging to said town of Brutus at the time of the division thereof, agreeably to the last tax list of said town, and each of the said towns shall for ever thereafter support its own poor: And further, the school monies of the said town of Brutus, 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.

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