tions issued by virtue of this act, and on application of the party so imprisoned, proceed in like manner and with like effect. Powers of recorder or commission IV. And be it further enacted, That the power given by the first section of this act to a judge of the supreme court, may be executed by any recorder or commissioner possessing the power of a tr. judge of the supreme court, at chambers, under the statute now in force. CHAP. CLXXVI. AN ACT concerning the gospel and school lot in the town of Rector. Passed April 17, 1813. pay certain 1. Be it enacted by the people of the state of New York, repre- Trustees of sented in senate and assembly, That it shall and may be lawful for the Hector to trustees of the town of Hector, and they are hereby directed and interest. required, annually to pay into the hands of the commissioners of common schools of said town the interest arising from the rents and sale of the gospel and school lot in said town. tions for said town schools in II. And be it further enacted, That the whole of the principal Appropria and interest now in the hands of the said trustees, or which may common hereafter come into the hands of the said trustees, which has or shall arise from the rents and sale of the said gospel and school lot, shall be loaned by the said trustees on land security, and the annual interest arising thereon shall be appropriated to the support of common schools in said town, and for no other purpose. III. And be it further enacted, That the said commissioners of Wages of common schools shall pay over the same to the several school trustees of the several school districts now or hereafter to be organized in said town, in the same manner and proportions, and under the same regulations, as other money which shall or may come in their hanes from the school funds of this state, who are hereby directed and required to apply the same to the payment of the wages of teachers to be employed in the several districts, in and by virtue of the act for the better establishment of commou schools. teachers in that towp bonds. IV. And be it further enacted, That the said truestees, before they Trustees fo shall enter upon the duties of their office, shall execute a bond to the execute supervisors of said town, in the penal sum of twenty-thousand dollars, with such surety as the said supervisors shall approve, with a condition thereunder written, that the said trustees shall hope tly and faithfully discharge the trusts reposed in them by this act, and the act concerning the gospel and school lots, passed the second day of April, 1813. A certain pealed. V. And be it further enacted, That the fourth section of the act, entitled "an act concerning the gospel and school lots," passed the section resecond day of April, in the year one thousand eight hundred and thirteen, so far as respects the said town of Hector, shall be and the same is hereby repealed. VI. And be it further enacted, That the said trustees shall be al- Compensa. lowed a reasonable compensation for their services and expenses, to tion to tras tees, be audited, collected and paid, in the same way as other town expenses in said town are directed to be audited, collected and paid. CHAP. CLXXVII. AN ACT to prevent the destruction of fish in Buttermilk pond, in the town of Northeast, in Dutchess county. Passed April 17, 1818. I. Be it enacted by the people of the state of New-York, repre sented in senate and assembly, That it shall not be lawful for any person, at any time or in any manner, before the first day of May, which will be in the year one thousand eight hundred and twenty, to catch or take any fish in the pond called Buttermilk pond in the town of Northeast, in Dutchess county; nor shall it be lawful at any time thereafter to catch or take any fish in said pond by means of seins or nets. II. And be it further enacted, That if any person shall fish in said pond, contrary to the provision aforesaid, lie shail, for each offence, forfeit the sum of ten dollars, to be sued for and recovered by any person who will prosecute for the same, with costs of suit, in any court having cognizance of the same; the oue half of which forfeiture, when recovered, shall be for the use of the person who shall prosecute for the same, and the other half shall be paid to the overseers of the poor of the said town of Northeast, for the support of the poor thereof. CHAP. CLXXVIII. AN ACT to incorporate the Benton and Wayne turnpike road Company in- I. Be it enacted by the people of the state of Neo-York, reprecorporated. sented in senate and assembly, That Robert Troup, Jeremiah Style Gillett, Sherman Lee, John B. Mitchell, Ephraim Saudford, Morris Seely and Dugald Cameron, and such other persons as shall associate for the purpose of making a good and sufficient turnpike road, commencing at captain Jeremiah Gillett's, on the east side of the outlet of the Crooked lake in the town of Benton, in the county of Ontario, and running from thence to Sherman Lee's; from thence to Teeple's old stand, and from thence to John B. Mitchell's, Enos Silsbe's, Ephraim Sandford's, Dewitt's, Walters's, Hull's, and from thence to the head of the said Crooked lake, in the county of Steuben, be and hereby are created a body corporate and politic, in fact aud in name, by the name of the president and directors of the "Benton and Wayne turnpike road company;" and by that name shall have continual succession, and be persons capable in law of su ing 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, mat- II. And be it further enacted, That the said turnpike road shall Road. III. And be it further enacted, That the stock of the said com- stock. IV. And be it further enacted, That the company hereby incor- Toll. ers to lay out V. And be it further enacted, That Valentine Brother and Da- Commission vid Hudson, or one of them, be and they are hereby appointed com- d. missioners or commissioner to lay out and establish he said turnpike road; and that the said company hereby incorporated, shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the said act, entitled "an act relative to turnpike companies," and shall be subject to all the conditions, provisions, limitations, restrictions and regulations in the said act contained: Provided always, that the said company shall be allowed five solar years from the passing of this act, for completing the said turnpike road, any thing in the said act to the contrary notwithstanding. VII. And be it further enacted, That the number of directors for managing the concerns of the said company hereby incorporated, Proviso Directors shall be seven, and that four of them shall be a quorum, and cap¤ble of transacting the business of the company. A toll gate to be erected. half toil gates. Toll how applied. Provise. CHAP. CLXXIX. AN ACT authorising the erection of half toll gates on the Waterford and Whitehall turnpike. Passed April 17, 1818. I. Be it enacted by the people of the state of New-York, represen ted in senate and assembly, That whenever the president and di rectors of the Waterford and Whitehall turnpike company shall have completed five miles of said road from Whitehall southward, in conformity to their act of incorporation, and the several acts amending the same, it shall be lawful for them to erect a gate thereon, and to receive one half the toll which by virtue of the said acts may be received at a full toll gate, until the adjoining five miles shall be completed, at which time it shall become a full toll gate, agreeable to the act of incorporation. Temporary And be it further enacted, That when the said president and directors shall have completed any five miles of said road from the termination of such portion of said road as shall actually have been completed, and have erected thereon a full toll gate, it shall be lawful for them to erect temporary half toll gates, agreeably to the provisions of the foregoing clause: And further, that it shall be lawful for the said president and directors to appropriate the tolls of the several gates to the completion of the said turnpike: Provided, that if the said president and directors shall at any time hereafter erect a half toll gate in pursuance of the provisions of this act, and shall not within two years from the time of erecting the said half toll gate, finish and complete an additional five miles, so as to entitle them to convert the said half toll gate into a whole toll gate, then the said president and directors shall cease to exact and take toll at the said half toll gate until the said additional five miles of the said road shall be completed, agreeably to the provisions of this act. Bowers and duties of CHAP. CLXXX. AN ACT to amend an act, entitled “ an act to incorporate the village of Geneva, in the county of Ontario." Passed April 17, 1818. 1. Be it enacted by the people of the state of New-York repreconstables in sented in senate and assembly, That the constables hereafter to be Geneva. chosen in said village, by virtue of the act hereby amended, are hereby invested with the same powers and authority, and subjected to the same duties in all cases, civil and criminal, within the county of Ontario, as by law appertain and belong to the constables chosen at the annual town meetings of the town of Seneca: And further, that it shall be their duty to give notice to the trustees of said vil keepers. lage of all such breaches or violations of any of the ordinances or by-laws of said village as shall come to their knowledge; and the aud of pond pound keepers hereafter to be chosen in and for said village, shall have the same powers and authority, and be subjected to the same duties within said village as by law appertain and belong to the pound keepers chosen for the said town of Seneca. Part of two turnpike roads to be ceded to the trustees of II. And be it further enacted, That it shall and may be lawful for the trustees of said village, for and on behalf of the freeholders and inhabitants thereof, to receive from the president and directors of the Seneca turnpike company a cession or grant of so much of the Geneva. Seneca turnpike road as lies between the corner of William M'Cormick's tavern and the western boundary line of said village, and also to receive as aforesaid, from the president and directors of the Ithaca and Geneva turnpike company a cession or grant of so much ́ of their turnpike road as lies within the bounds of said village, the evidence of which said cessions or grants shall be in writing, under the seals of the said turnpike companies respectively, and signed by the respective presidents of said companies, and recorded in a book of records of deeds, in the office of the clerk of the county of Ontario, and for the recording of which the said clerk shall receive the same fees as by law he may receive for the recording of deeds; and that from and after the time of recording the evidence of the said cessions or grants as aforesaid, the said turnpike companies respectively shall be discharged from all further responsibility and expense in keeping in repair the above mentioned portions of the said turnpike roads respectively, and that the same shall thence forward be deemed and considered, to all intents and purposes, to belong to and constitute a part of the public highways of said village, and shall be kept in repair at the expense of the freeholders and inhabitants thereof. Road dat the village tricts within of Geneva, III. And be it further enacted, That from and after the first day of April, in the year one thousand eight hundred and eighteen, all the roads, streets and public highways within said village, shall constititute one or more road districts, in the discretion of said trustees, for which an overseer or overseers of highways shall be appointed at the annual election to be held in said village, and who shall receive such compensation for their services as by the said trustees shall be deemed reasonable and just; and that the said trustees shall be ex officio commissioners of highways, and possess commissions the same powers and authority, and be subjected to the same duties ers of high within said village as by law appertain and belong to the commismissioners of highways in and for the said town of Seneca. Trustees ways empt from IV. And be it further enacted, That all firemen hereafter to Firemen ex be appointed by the said trustees, not exceeding twenty in number military du to each and every fire engine kept fit for use in said village, shall ty. be exempt from militia duty, except in cases of invasion or insurrection. V. And be it further enacted, That the sixth and eleventh sec. Certain a tions repeal tious of the act hereby amended, be and the same are hereby repealed. W |