uance in of said persons so elected shall continue in office until the first Fri. Their contin day in April then next ensuing, when a new election shall take fice. place, and on the first Friday in April in each year, thereafter, there shall be a new election, at such place as shall be agreed upon by a majority of said owners, assembled at a previous annual meeting. VI. And be it further enacted, That the persons so elected, shall, by virtue of this act, be authorised to make an estimate of the part benefited in said mountain, by such enclosure; shall ascertain the number of acres, as accurately as they can, which each individual owns or possesses therein, and which may in their opinion receive a benefit from such enclosure, either by survey or otherwise, as shall be agreed on by the majority of the owners so met, at their first or any subsequent meeting, which estimate shall, by the managers aforesaid, be entered in a book to be kept for that purpose in which book shall be entered the names of the persons, from time to time, elected as managers, and all the proceedings relating to the enclosing and keeping enclosed the aforesaid tract of land; which book shall be kept by the managers, for the time being, and all assessments shall be made according to the first estimate, until the same is altered by a majority of the owners concerned. demand the VII. And be it further enacted, That as soon as any assessment is made, and the sum which each individual has to pay is ascertained, it shall be the duty of the said managers, to demand from each Authorised to individual, his or her proportion, either personally, or by leaving & amount asses statement of the sum he or she is to pay, with some white person sed. belonging to his or her family, at his or her dwelling house, and on Service of the failure of payment thereof, for ten days after such demand, it shall demand. be lawful for the said managers to sue for and recover the same, in their own names, from each individual so assessed and notified, together with the costs of prosecuting for the same, in any court having cognizance thereof. VIII. And be it further enacted, That if any person or persons whomsoever, shall wilfully throw down any fence, enclosing the above premises, or open any part of said enclosure, so that damages be done by horses, cattle, sheep or swine on the said enclosed pre- All persons mises, by coming through said breach or opening, so made, such person or persons shall be liable to an action of trespass, to be brought by the said managers in their own names. injuring the enclosures to be prosecu ted in action of trespass. account for money recei IX. And be it further enacted, That the said managers shall annually account to the owners for all monies which have come to Managers to their hands as aforesaid, and shall pay over the balance remaining in their hands to their successors, together with the books directed to ved. be kept by them, immediately on their going out of office, under the penalty of one hundred dollars, to be sued for and recovered by Penalty for their successors, with costs of suit, and to be applied by them, when recovered, to the purposes contemplated by this act. X. And be it further enacted, That the said managers, as a compensation for their services, shall be allowed as much as a majority of the proprietors of said tract, at their annual meeting, shall think proper. disobedience. To build a cross Esopus creek. CHAP. XXXVII. AN ACT to incorporate the Saugerties bridge company. BE it enacted by the People of the state of New-York, repre sented in Senate and Assembly, That it shall be lawful for any such five or more persons as shall associate, for building a toll bridge across the Esopus creek, near the grist-mill of Peter Mynderse deceased, pursuant to the act, entitled " an act to incorporate the tratolt bridge a- veller's bridge company," to file a certificate of their association in the clerk's office of Ulster county, within three months after the passing of this act; and the said associates, and all others who may in future associate with them, for the purpose aforesaid, and their assigus and successors, shall be and hereby are incorporated, by the name and style of the " Saugerties bridge company," and by that And for that name they shall be known in the law: and all the provisions, beuepurpose in fits and restrictions, contained in the said recited act, shall be and corporated. hereby are extented to the said Saugerties bridge company; and the said herein recited act, for the purposes aforesaid, is hereby revived, and shall enure and attach to the said Saugerties bridge company, in as ample a manner, as if they had by that name been first inserted in the said recited act; and the rights and interests of the said association, under the name of the "traveller's bridge company," is hereby declared forfeited: Provided, That the said bridge shall be made and finished within four years after the passing of this act. CHAP. XXXVIII. AN ACT relative to the Albany library. Passed February 14, 1817. BE it enacted by the people of the State of New-York, represen ted in Senate and Assembly, That it shall be lawful for the trustees of the Albany library, in the cases and at the periods directed in and by the act incorporating the said trustees for the appointment of a chairman, to appoint in like manner a deputy chairman; and that five of the said trustees, of whom the chairman or deputy chairman to be one, shall constitute a board for transacting the business of the said library. CHAP. XXXIX. AN ACT to authorise the supervisors of the county of Albany to raise a sum of money for the purposes therein mentioned. Passed February 14, 1817. I. Be it enacted by the people of the State of New-York, represented in senate and assembly, That the supervisors of the county of Albany, at their next annual meeting, cause to be assessed, levied and collected, on the freeholders and inhabitants of the town of Watervliet, in the county of Albany, the sum of two hundred dollars, in the same manner as the other contingent charges of the said town are by law directed to be levied and collected, in addition to the sum which they are by law authorised to levy and collect in the said towu, for the improvements necessary to be made on the roads and bridges in the same; and that the collector of the said town pay the said sum of two hundred dollars to the commissioners of highways of the said town. Bridge to he II. And be it further enacted, That the commissioners of highways, of the said town, apply the said sum of two hundred dollars, or so much thereof as may be necessary, towards the erecting and com- erected. pleting a bridge across a watercourse, called Stone-hook creek, in the said town, at the place where the road, leading from the city of Albany to the Troy ferry, crosses the same; and that the commissioners of highways account for the said sum of money, to the board of the supervisors of the said county, at their next annual meeting after the same shall have been paid to the said commissioners. CHAP. XL. AN ACT vesting certain powers in the commissioners named in the concurrent resolution of the Senate and Assembly, passed the 17th day of April, 1316. Passed February 18, 1817. I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That the commissioners, appointed by a concurrent resolution of the senate and assembly, for the purpose of viewing the Hudson's river, between the villages of Troy and Waterford, and the works erected thereon, for the improvement of the navigation thereof, passed the seventeenth day of April, in the year one thousand eight hundred and sixteen, shall have power to issue summons, under their or either of their hands, directed to any person or persons, requiring them, or any of them, to appear before ers to issue the said commissioners, at any such reasonable times and places as summons. they shall appoint, to testify the truth, according to their knowledge, concerning all such matters as shall be required of them by the said commissioners, or any two of them, in pursuance of the aforesaid res olution, and of this act; and the said commissioners, or either of them, are hereby authorised to administer the necessary oaths to the said witnesses. Commission II. And be it further enacted, That it shall be the duty of the commissioners, appointed by the resolution aforesaid, or any two of them, to report their opinion as to the most practicable and best plan for improving the navigation, between the now navigable waters of the To report to said Hudson river, at Troy, and the village of Waterford; and that ture. they report to the present, or any succeeding legislature, upon all the matters referred to them by this act, and the resolution aforesaid. III. And be it further enacted, That the services and expenses of the said commissioners and witnesses, to be incurred under the second section of this act, shall be paid by the commissioners for im the legisla proving the navigation of the Hudson river, between Troy and Waterford, out of any monies in their hands for improving the said navigation, or which may hereafter come into their hands for that purpose: Provided, That nothing in this act contained, nor the resolution upon which it is predicated, shall in any wise be construed to charge the state with damages or expenses of any kind whatso ever. CHAP. XLI. AN ACT to alter the town meetings in Shandaken, in Ulster county, and in Greenwich, in Washington county. Passed February 21, 181 7 I. BE it enacted by the people of the state of New York, represented in senute and assembly, That hereafter the annual town meetings in the town of Shandaken, in Ulster county, be held on the first Tuesday of March in each year. II. And be it further enacted, That the annual town meetings of the freeholders and inhabitants of the town of Greenwich, in the county of Washington, shall in future be held on the first Mouday of March of each year, instead of the first Tuesday of April; and that the next town meeting in said town shall be held on the first Monday of March next; and that all such town officers, whose duty it is to meet on the last Tuesday of March, shall meet on the last Tuesday of February, in every year, to do and transact such business as to their respective offices may appertaio. Capital CHAP. XLII. AN ACT further to amend an act, entitled “an act to incorporate the New-York manufacturing company," passed 15th June, 1812. Passed February 21, 1817. WHEREAS the president and directors of the New-York manufacturing company have, by their memorial, represented, that they have invested, in the manufacturing branch of their establishment, more money than was required by their act of incorporation, and the act amending the same; and that owing to the embarrassments attending the manufactures of the country, and various other causes, that brauch of their business is seriously injurious to their interests, and cannot, without great loss, be prosecuted by them; and have prayed relief in the premises-Therefore, I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That instead of the sum at present required to be invested and employed, in the manufacture of cotton stock redu and wool cards, and of wire, it shall and may be lawful for the said president and directors to reduce the amount of capital, so required to be invested and employed, as much as they may think proper, or totally to suspend or abandon the said manufactures: Provided ced. that it shall That the sums which may be drawn from the manufacturing branch Provided of the business of the company, after replacing the original amount not be em of their banking capital, shall, neither directly or indirectly, be ployed in banking, but employed in banking; but shall, at the period of the semi-annual to be refund dividends of the bank, be refunded to the stockholders in fair and just proportions. ed. to sell the machines. estate. II. And be it further enacted, That it shall and may be lawful, to and for the said president and directors, to employ any portion of their manufacturing capital in the establishment and prosecution of the manufactures contemplated by the act of incorporation, or the Authorised act amending the same, and to sell the right of using and employing right ofusing the machines, owned by them, at any places out of the state of New Also their reYork; and also to sell such and so much of the real and personal estate al & personal of the company, as the said president and directors shall think proper: Provided, That any citizen of the state may make, sell and use, All citizens in the manufacture of cards, within this state, the machines, the ex- of this state clusive right to which is secured by the letters patent, purchased by authorised to said company of A. & W. Whittemore, on condition that he shall tent. neither make said machines, nor use nor sell them, to be used of this state; and that this act shall not be in force until after the president and directors of the said company shall have executed an instru- This act ment, under their corporate seal, expressive of their full assent to this proviso, and shall have filed the same in the office of the secretary of state; and it shall also be the duty of the said president and directors, to cause due notice of such assent, on the part of the said company, to be published in the public newspaper, published by the printer to this state, for six weeks in succession. use the pa when to take effect. But not to III. And be it further enacted, That the said president and di- shares to be rectors may reduce the number of shares of the capital stock of the reduced. said company, and alter the amount of each share, in such manner, affect the o however, as in no event to increase or diminish the original banking riginal cap capital of seven hundred thousand dollars, nor to increase the original amount of a share. IV. And be it further enacted, That the name and style of the said company, on and after the first day of July next, shall be, and thereafter continue to be, "The President and Directors of the Phoe nix Bank;' but such change of name and style shall not affect any contract made by or with said corporation, or operate to prejudice any suit in law or equity, or any other proceeding, commenced, or which may be commenced, by or against the said company. ital. Alteration of the title of the company CHAP. XLIII. AN ACT to amend the act, entitled "an act to regulate highways," passed March 19, 1813. Passed February 21, 1817. I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the twelve freeholders, who certify upon oath that a road is necessary and proper, shall not be allowed to assess the damages of the said road; and further, that the |