CHAP. 106. AN ACT to authorise Josiah Fisher to erect a Dam across the Genesee River, in the Town of Nunda, in the County of Allegany. Passed March 26, 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 Josiah Fisher, to erect and maintain a dam across the Genesee river, from lot number one hundred and forty-eight, to lot number eighty-nine, on the Cottinger tract, in the town of Nunda, in the county of Allegany: Provided however, The said Josial Fisher shall not build the said dam over two feet in height, and shall erect and maintain in said dam an apron or lock of such construction as to render the passage of boats and rafts safe and easy, and shall at all times suffer the same to pass and repass free of hindrance or toll of any kind: And provided further, That nothing herein contained shall be so construed as to affect the rights of individuals, and that it shall be lawful for the legislature at any time to alter, modify or repeal this act. CHAP. 107. AN ACT to enable William Vanderpoel to change his Name. Passed March 26, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That William Vanderpoel, of the city of New-York, may at all times hereafter take to himself the sirname of Taylor, and that he shall in all cases whatsoever be called and known by the name of William Taylor; and that all acts and deeds done and performed by the said William Vanderpoel, by and under the name of William Taylor relating to his real and personal estate, and transactions in business, be and the same are hereby confirmed. CHAP. 108. AN ACT to change the names of Ann Hogg, George G. Hogg, John Hogg and Henry Hogg. Passed March 26, 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, Ann Hogg, of the city of New-York, widow, and her children George G. Hogg, John Hogg and Henry Hogg, all of the Terms al tered. Test of writs. Proviso. May adjourn limited by said city, shall respectively be called and known by the names of Ann H. Biddle, George G. H. Biddle, John H. Biddle and Henry H. Biddle. CHAP. 109. AN ACT relating to the Courts of Common Pleas and General Passed March 27, 1827. re 1. BE it enacted by the People of the State of New-York, presented in Senate and Assembly, That from and after the next June term of the court of common pleas of Montgomery county, now authorised by law, the courts of common pleas and general sessions of the peace of said county, shall be held at the court-house of said county, on the first Mondays of March, June, September and December, in each and every year, instead of the time now appointed by law; and that the said courts may continue to be held until the Saturday, inclusive, in the next week, after their commencement; but no writ to answer issuing out of the court of common pleas, shall be tested or made returnable in the second week of said court : Provided, That no grand jury shall be summoned to attend any such court of general sessions of the peace, except at the March and September terms. 2. And be it further enacted, That in all cases where any person or persons is, or, are, or may hereafter be bound under any recognizance to appear at the court of general sessions of the peace of said county, to answer for an indictable offence, previous to an indictment found, the person or persons so bound in recognizance, shall appear at the next term of the said court, at which a grand jury is by law to be convened. 3. And be it further enacted, That the said courts respectively, may on any day in term time, adjourn said courts until the next term thereafter: Provided, The business will, in the opinion of said courts, justify an adjournment. CHAP. 110. AN ACT in addition to the several Acts relating to the Powers and Duties of the Commissioners of the Land-Office, and of the Comptroller. Passed March 27, 1827. Conditional 1. BE it enacted by the People of the State of New-York, regrants to be presented in Senate and Assembly, That in all cases where grants commission of land have been directed to be made by the commissioners of office. the land-office, upon the performance of any conditions by such ers of land. grantees, and no time for the performance of such conditions has been prescribed by law, or by the terms of any agreement on the part of the state, it shall be lawful for the commissioners of the land-office to fix a reasonable time for the performance of such conditions, not less than one year, and to cause notice thereof to be Notice how given. inserted in the newspaper published by the printer to this state, for at least six weeks, and to transmit a copy of such notice to the persons interested, by mail; and if the said conditions shall not be performed, within the time so limited in such notice, the person or persons entitled to any benefit under such grant shall forfeit all right and title in the premises. to credit ceeds of pro torney-gene 2. And be it further enacted, That whenever any lands or tene- Comptroller ments shall have been purchased, or shall hereafter be purchased mortgagor by the attorney-general, in behalf of this state, on the foreclosure of with the any mortgage, and such lands or tenements shall be sold, or shall lands bid in heretofore have been sold, by the commissioners of the land-office, by the atfor a greater sum than the amount bid by the attorney-general on ral. such sale, it shall be the duty of the comptroller to give credit to the mortgagor, on his bond, for the amount at which the said lands and tenements shall have been sold, or shall be sold, after deducting therefrom all the costs, charges and expenses of such sale; and if such lands and tenements have been sold, or shall be sold, for an amount greater than is due to the people of this state from such Excess to be mortgagor, or if such mortgagor shall have paid into the treasury the balance due on his mortgage after such purchase by the attorney-general, and on the sale thereof by the commissioners of the land-office, there shall be any excess, over and above the amount due to this state, and the costs and expenses of such purchase and sale, it shall be the duty of the comptroller to refund to the mortgagor, his assignee, or the person entitled thereto, the excess over and above the amount so due to this state, after deducting the costs and expenses of the foreclosure and sale thereof. CHAP. 111. AN ACT declaring the Hudson Branch Turnpike Road a Public Passed March 27, 1827. WHEREAS it has been represented to this legislature, under the seal of the corporation of the Hudson branch turnpike company, that in consideration of such compensation as has induced the said company, to relinquish their said road to the towns through which it passes, and the consent of the commissioners of highways, in said towns thereto, being signified by their petition : Therefore, 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, all that part of the Hudson branch turnpike road, lying in the city of Hudson and the towns of Livingston and Taghkanic, shall be and remain a public highway; and it shall be the duty of the commissioners of the aforesaid towns to cause the same to be districted, worked, and repaired, in the same manner as other town roads are by law directed to be worked and repaired. refunded. CHAP. 112. AN ACT for the relief of Mary Doxtader. 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 Mary Doxtader, with the approbation of the superintendents of the Stockbridge Indians, to sell and convey, in fee simple, any lands which have heretofore been granted to her by the people of this state; to take and receive such securities for the purchase money as shall be approved by the said superintendents, and that any deed of conveyance, executed by the said Mary Doxtader, of such lands, upon which the approbation of the said superintendents shall be endorsed as aforesaid, shall be deemed valid and effectual, to all intents and purposes. CHAP. 113. AN ACT for the further Direction of the Commissioners of the Land-Office. Passed March 27, 1827. 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 commissioners of the land-office to cause to be sold, in the manner directed for the sale of unappropriated lands, a lot of land on the banks of the Mohawk river, at the place where the old canal entered said river, in the town of Rome, formerly belonging to the western inland lock navigation company, and by them sold and transferred to the people of this state. CHAP. 114. AN ACT relative to the Savings Bank, in the city of New-York. Passed March 29, 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 corporation called the bank for savings, in the city of NewYork, to vest moneys which they have received, or shall receive, in the manner and for the purposes mentioned in the act incorporating the said corporation, in any stock, for the redemption or payinent of which the faith of this state shall be pledged, or in any public stock which hath been or shall be created and issued, under and by virtue of any law of the state of Ohio, or in stock which hath been or shall be created and issued by the mayor, aldermen and commonalty of the city of New-York; and also to loan money to the said mayor, al dermen and commonalty, at such rate of interest, not exceeding lawful interest, as shall be agreed upon between them. СНАР. 115. AN ACT for the relief of Daniel McInroy. Passed March 29, 1827. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Canal board to mistakes, 1. The canal board be, and they are hereby authorised and directed to enquire into any mistakes which may have existed in the to enquire in measurement of a certain section of the Champlain canal, constructed by Daniel McInroy, under a contract with the canal commissioners, in the year one thousand eight hundred and eighteen, and then known as section A. And to make tion. 2. If upon such inquiry the said board shall become satisfied that the number of cubic yards actually excavated in pursuance of the compensasaid contract, were not accurately measured and estimated, and that the said Daniel McInroy has not received the compensation to which his contract entitled him for the excavation done by him under it, then it shall be the duty of the said board to order to be paid, and allow to the said Daniel McInroy such further sum as they shall find to be yet due to him for the said excavation, calculating the price per cubic yard at the price fixed in and by the said contract. By warrant 3. The comptroller shall draw his warrant upon the treasurer in favor of the said Daniel McInroy, for the sum which shall, by the on treasurer determination of the said board, be found due to him upon the said contract: Provided, That such allowance shall not, in any event, exceed the sum of seven hundred dollars; and the said warrant shall not be drawn for any greater sum: the comptroller's warrant shall be made payable out of any moneys in the treasury belonging to the canal fund. 4. The said board, to enable them the more fully to enquire into the merits of the said claim, are hereby authorised and empowered, in their discretion, to examine upon oath, any, engineers who may have been employed by the canal commissioners to estimate the excavation done under the said contract; and any other witnesses who may be produced before them by the said Daniel McInroy, or on his behalf, and also any witnesses which they may think proper to examine on the part of the state, as well as any member of the said board which they may think it necessary to examine as a witness. Proviso. Proof. Time for ex 5. The said board shall, on the application of the said Daniel McInroy, appoint a time and place for taking the said examination amination. and enquiry; and may adjourn the hearing and determination from time to time, as they shall find it necessary or convenient; and the presiding officer of the said board, for the time being, is hereby authorised and empowered to administer all necessary oaths to witnesses and other persons, to be examined before the said board, pursuant to the provisions of this act. 6. Any false swearing before the said board, upon the examina- Penalty for tion herein directed, shall subject the person so swearing falsely, to ing false swear |