School money, Excise regu Jutions. in part first, chapter sixteen, title first, entitled "Of highways and bridges;" and in part first, chapter twenty, title nine, entitled "Of excise, and the regulation of taverns and groceries ;" and in part first, chapter twenty, title one, entitled "Of the relief and support of indigent persons," of the Revised Statutes, and for all other purposes, except as in this act provided, be considered one of the towns of the county of Oneida, and the supervisor, assessors, and clerk of said city, shall be the inspectors of all elections held in said city as a town, under or in pursuance of part first, chapter sixth, of the Revised Statutes. $65. That out of the moneys appropriated from the common school fund to the county of Oneida, the city of Utica shall have its proportion with other towns in said county, which money shall be paid by the treasurer of said county, to the treasurer of said city, and be subject to the order of the common council. The common council shall have power to establish so many common and free schools in said city, as in their opinion the purposes of education may require, and shall distribute the money received from the common school fund, among such schools, and in such manner and proportions as they shall deem most useful. $66. The common council shall be commissioners of excise in and for said city, and shall, subject to the provisions of this act, perform the duties and possess the powers of commissioners of excise of towns. All licenses granted by the said council, shall be signed only by the mayor, or presiding officer for the time being, of said council; and in addition to the sum which is exacted by said council as excise duty or otherwise, by virtue of part first, chapter twenty, title nine of the Revised Statutes, the said common council shall exact not less than six dollars and fifty cents, nor more than twenty dollars from each person to whom a license is granted by said council, by virtue of this section; which additional sum so exacted, shall be paid to the treasurer of the city, for the use thereof, and one dollar and fifty cents of the additional sum so exacted for each license granted by said council, shall be appropriated and paid to "The Orphan Asylum Society in the village of Utica;" and the residue of such additional sum, or any part thereof, may be appropriated by said council, in their discretion, for the support of common or free schools in said city. All bonds and recognizances authorised to be taken by said part first, chapter twenty, title nine, of the Revised Statutes, shall be taken to and in the name of "The City of Utica ;" and all penalties imposed by said title nine, may be sued for and recovered in the name of the City of Utica, and shall, when recovered, be paid to the treasurer thereof, $67. The common council shall have power to pass such Petty groordinances as they shall judge proper for regulating petty gro- cer, cers, keepers of ordinaries and victualling houses, or houses where fruit, oysters, clams, liquor or meat, shall be sold: and shall also have power to grant licenses to petty grocers, keepers of ordinaries, and such houses as aforesaid, and to determine the sum to be paid for a license granted under this section, which shall not be less than three nor more than fifteen dollars, and to require of such petty grocers, keepers of such ordinaries and houses as aforesaid, a bond to "The City of Utica," in such penalty and with sureties, as said council shall approve; conditioned that such person as aforesaid shall not suffer his store, shop or grocery to be disorderly, or suffer any cock fighting, gaming or playing with cards or dice, or keep any billiard or gaming table within the same, or in any outhouse, yard or garden belonging thereto, nor suffer or permit any strong or spirituous liquors to be drunk in his, her or their shop, house, store, out-house, yard or garden; and each license granted under this section, shall prohibit the person to whom it is granted from selling strong and spirituous liquors in quantities less than five gallons, to be drank in his or her store, shop, house, out-house, yard or garden. All moneys received for licenses granted under this section, shall be paid to the treasurer of the city, for the use thereof. $68. All the estate, real and personal, vested in or belong- Real estate. ing to, or held in trust by the trustees of the village of Utica, at the time this act shall take effect as a law, shall be, and is hereby declared to be vested in "The City of Utica;" and the said city may sell, dispose of and convey, in fee simple, the free school-house lot situate in Catharine-street, in said city. $69. All former acts and parts of acts, relative to the in- Repeal. corporation of the village of Utica, are hereby repealed; but the repeal of said acts shall not affect any act done, or right accrued or established, or any proceeding, suit or prosecution had or commenced previous to the time when such repeal shall take effect; but every such act, right and proceeding, shall remain as valid and effectual as if said acts had remained in force; and all the officers elected or appointed under or by virtue of the acts hereby repealed, shall continue in office until and including the Monday next after the first Tuesday in March next, unless the term for which they, or any of them, were elected or appointed, shall sooner expire. Act to take $70. This act shall take effect on the first day of March next, and the legislature may at any time alter, modify or re-effect. peal the same. Name. Corporation created. Object of society. By-Laws. Estate. Election of officers. Generai powers. Rights reserved. CHAP. 20. AN ACT to incorporate the New-York Annual Conference Ministers' Mutual Assistance Society. Passed February 14, 1832. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. There shall be established and located, in the city of Albany, a charitable society, by the name of the New-York Annual Conference Ministers' Mutual Assistance Society. $ 2. Daniel Ostrander, Nathan Bangs, Peter P. Sanford, Samuel Luckey, Laban Clark, Samuel Merwin, Henry Stead, Benjamin Griffen, Ebenezer Washburn, Daniel De Vinne, Samuel D. Ferguson and Lewis Pease, and such other persons as are or may become members of said society, are hereby constituted a body corporate, by the name aforesaid. $3. The objects of the said society are charitable, and to afford relief to its members in cases of sickness and infirmity. $4. The corporation shall have power to prescribe rules and regulations for the admission of its members and their government, the election of its officers and their duties, and expelling any of its members for not observing its laws. $5. The said corporation may take and hold such personal estate as may be given or bequeathed to such corporation; but the annual income of the real and personal estate which the said corporation may at any time hold, shall not exceed three thousand dollars. $6. The said corporation may elect its officers and transact other business necessary to carry the objects of the society into effect, at the times and places of holding the New-York annual conference, when the said conference shall meet at any place within this State, other than the city of Albany. $7. The corporation shall possess the general powers, and be subject to the general restrictions and liabilities, prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes. $8. The legislature may, at any time, modify, alter or repeal this act, or any of its provisions. CHAP. 21. AN ACT authorising Henry Barclay to maintain a Toll- ster. Passed February 17, 1832. The People of the State of New-York, represented in S1. Henry Barclay, of the village of Ulster, in the town Bridge to be of Saugerties and county of Ulster, is hereby authorised to maintain, for the period of twenty years, the bridge which he erected last year across the Esopus creek, in the village of Ulster, near the lowest falls of said creek. pair. 52. The said bridge shall at all times be kept in good re- To be kept pair, for safe and convenient passage of loaded wagons, carts in good re-. and carriages, with their teams, with a separate track for foot passengers, and sufficient railings at the sides, not less than four feet high. ferry to be $3. If the said bridge is carried away by ice or freshets, if destroyed, or is otherwise destroyed, the said Henry Barclay, his execu- kep tors, administrators or assigns shall, during the time it is repairing or rebuilding, keep up a good scow ferry, properly attended and suited to the accommodation of teams and carriages of all sorts, as well as of foot passengers. The rates of ferriage shall be the same as the tolls hereafter mentioned for said bridge; and if said bridge is not repaired or rebuilt within one year after it is injured, carried away or otherwise destroyed, then and in such case this act shall be null and void. $4. The said Henry Barclay, his executors, administrators Rates of toll. or assigns, shall be authorised to demand and receive, for crossing said bridge, the following rates of toll: For every four wheeled pleasure carriage, stage, wagon or post coach drawn by two horses, twelve and a half cents, for every additional horse three cents; for every cart, sleigh or sled drawn by two animals, nine cents; for every wagon, sled or sleigh drawn by one animal, six and one-quarter cents; for every man and horse, six and one-quarter cents; for every foot passenger, two cents; for droves of horned cattle, horses or mules, one cent each; for every score of sheep or hogs, six and one-quarter cents, and in that proportion for a smaller number: foot passengers residing within the limits of the village of Ulster, shall be entitled to cross said bridge for one cent each. 5. If any person shall wilfully injure or impair said Penalty. bridge, he shall forfeit and pay to the said Henry Barclay, ! his executors, administrators or assigns, treble the amount of damages sustained, with costs of suit, to be recoverd in an action of trespass. $6. If any person shall forcibly pass the gate of said bridge, without having paid the toll, he shall forfeit and pay to the said Henry Barclay, his executors, administrators or assigns, ten times the amount of said toll, to be recovered by action of debt, together with costs of suit. $7. If any toll-gatherer of said bridge shall unreasonably delay or hinder any passenger at the gate, or shall demand or receive more than the legal toll, he shall for every such offence forfeit the sum of five dollars, to be recovered with costs to the use of the person so unreasonably delayed, hindered or defrauded. $ 8. It shall not be lawful for any person or persons to ride or drive on or over said bridge faster than on a walk, with his, her or their horse, horses, team or teams; nor shall it be lawful for any owner or driver to drive more than twenty head of cattle or horses on said bridge at one and the same time, provided a notice of the same be posted at each end of the bridge, on penalty of forfeiting, for every such offence, not less than one dollar, to be recovered with costs of suit, by the said Henry Barclay, his executors, administrators or assigns, and the toll-gatherer shall be authorised to close the gate against such offender or offenders, until the said penalty is paid. $ 9. One or more roads or streets shall be kept open to the waters of the creek, on both sides thereof, within two hundred yards of said bridge, for the convenience of the public in getting water and ice, and watering cattle; and nothing in this act contained shall prevent any person crossing the ice, with his team or otherwise, when they shall choose to do so. $10. There shall be placed over the toll-gate, by the said Henry Barclay, a copy of the sections imposing penalties created by this act on those passing or injuring said bridge, and also the penalty imposed on the toll-gatherer, together with the rates of toll. $ 11. Said Henry Barclay shall be subject to the general liability of corporations, as expressed in title three, chapter eighteen of the first part of the Revised Statutes. $ 12. The legislature may at any time alter, amend, modify or repeal this act. |