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to the overseers of the poor of the town in which such forfeiture shall be recovered, and the other half to be for the use and benefit of the person who shall so prosecute for and recover the same.

CHAP. LXXXVI.

AN ACT to divide the town of Batavia, in the county of Genesee.
Passed March 14, 1820.

Town of El- I. BE it enacted by the People of the State of New-York, ba erected. represented in Senate and Assembly, That from and after the day

Poor and poor

divided.

preceding the first Tuesday in April next, all that part of the town of Batavia, in the county of Genesee, known and distinguished by the thirteenth townships in the first and second ranges, including that part of the Tonnewanta reservation lying east of the division line between the second and third ranges, and north of the division line between the twelfth and thirteenth tiers of townships in the Holland company's purchase, be and is hereby erected into a separate town by the name of Elba; and the first town meeting shall be held at the house of Nehemiah Ingersoll, in said town.

II. And be it further enacted, That as soon as may be, after the monies to be first Tuesday in April next, the supervisors and overseers of the poor of the towns of Batavia and Elba, on notice first to be given by the said supervisors for that purpose, shall meet together, and divide the money and poor belonging to the said town of Batavia, previous to the division of the said town, agreeable to the last tax list, and that each of the said towns shall for ever thereafter respectively maintain their own poor.

A certain

read divided.

III. And be it further enacted, That it shall and may be lawful, and it is hereby made the duty of the commissioners of highways of the town of Batavia, and the commissioners of highways of the town of Elba, to divide the road running along the division and between the said towns, and to have the said division of the aforesaid road certified by the said commissioners, of which certificate duplicates shall be made, one to be filed with the town clerk of each of the aforesaid towns; and thereafter such part of the aforesaid road as falls on such division to either of the said towns, shall be included in their respective road districts, and be kept in repair by such town to whom the same shall belong by such division, notwithstanding that part of the aforesaid road may not immediately be included in, or lay within the line of the town to which the said part of the road shall belong on such division, and that every penalty incurred for refusal or neglect to work on the said road, shall and may be enforced the same as if the said part of the road laid within the line of the aforesaid town.

CHAP. LXXXVII.

AN ACT to increase the Stock of the President, Directors and
Company of the Mohawk Bridge and Ballston Turnpike.

Passed March 14, 1820.

000 dols. and

I. BE it enacted by the People of the State of New-York, re- Stock to be presented in Senate and Assembly, That it shall be lawful for the excreased 28, president, directors and company of the Mohawk bridge and Ball- how. ston turnpike to increase their stock twenty thousand dollars, by voluntary subscriptions, in such a manner as the said president and directors shall deem proper. Provided always, That the present Provisostockholders of the said company shall be entitled to a preference in subscribing for the said stock, within the time which shall be prescribed by the said president and directors for receiving such subscriptions.

tolls on cer

II. And be it further enacted, That in case the said increased Corporation stock cannot be obtained by voluntary subscriptions, it shall be may assign lawful for the said president and directors to contract with any tain condi person or persons who will enter into such contract, and give sa- tions. tisfactory security for the fulfilment thereof, to rebuild the said bridge, and to keep the same, together with the turnpike, in good repair, at their private expense, and to assign to such contractor or contractors, for his or their remuneration, all the tolls which may be receivable at the said bridge by virtue of the original act incorporating the said company, or any amendments thereto, for such a period of time as the said president and directors, and such contractor or contractors, may agree: on.

CHAP. LXXXVIII,

AN ACT to amend an Act, entitled " An Act appointing Commissioners to lay out a Road therein mentioned, within the counties of Lewis and Jefferson."

Passed March 17, 1820.

appointed

I. BE it enacted by the People of the State of New-York, re- D Canfield presented in Senate and Assembly, That David Canfield, of the and others town of Denmark, Tyrannus A. Wright, of the town of Pinkney, and commissionSandford Safford, of the town of Harrisburgh, in the county of Lew- ers. is, be and they are hereby appointed commissioners under the act, entitled," An act appointing commissioners to lay out a road therein mentioned, within the counties of Lewis and Jefferson," passed April 17th, 1816, instead of Robert McDowell, Eber Lucas, and Abel Cole, the commissioners mentioned in said act; and that they, or any two of them, be and they are hereby authorised and empowered to carry into effect the provisions of the act hereby amended.

pensation.

II. And be it further enacted, That each of the said com- Their missioners shall receive one dollar and fifty cents for each and every day they shall necessarily spend in improving said road.

com

Time for completing

ded two

years.

CHAP. LXXXIX.

AN ACT to amend an Act, entitled “An Act authorising the building of t Toll-Bridge over the Oswego river," passed March 28, 1817.

Passed March 17, 1820.

BE it enacted by the People of the State of New-York, rebridge exten- presented in Senate and Assembly, That the time limited in the act to incorporate the "Oswego Union Bridge Company," for the erecting and completing the said bridge, shall be and is hereby extended to two years from and after the passing of this act; and if the said bridge be completed within the said two years, the said act of incorporation shall be and remain in full force, any thing contained therein to the contrary notwithstanding.

Certain returns from

E. Stanly to

CHAP. XC.

AN ACT for the relief of Elizur Stanley.

Passed March 17, 1820.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for be received. the treasurer of the county of Onondaga, and he is hereby required to receive at any time before the first day of June next, from Elizur Stanley, the returns of the non-resident lands, charged with taxes in the town of Fabius, in the same manner and form as if said returns had been made within the time limited by law for collectors to make returns; and the said treasurer is hereby required to transmit, the said returns to comptroller within twenty days after receiving the same; and the comptroller is hereby authorised and required to accept said returns, in the same manner as if they had been received within the time limited by law for the treasurers of counties to make returns.

Preamble.

CHAP. XCI.

AN ACT to authorise the Rector, Church-Wardens and Vestrymen of Trinity Church, in the city of New-York, to sell certain real estate.

Passed March 24, 1820.

WHEREAS, the rector, church-wardens and vestrymen of Trinity Church, in the city of New-York, have, by their petition represented, that they are seised of a certain farm, in the town of Florida, iu the county of Montgomery, (commonly called the FortHunter church farm) in trust, that they should apply the rents, issues and profits thereof towards the support or maintenance of the minister or ministers of such congregation, in communion with the protestant episcopal church, in the state of New-York, as the said

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rector, church-wardens and vestrymen should think most advisable, and as should be most conducive to the promotion of religion, according to the doctrine and discipline of the said church, or if they should thinks most proper so to do, that they should suffer the said farm to be occupied as a glebe by such minister or ministers.

And whereas, the said rector, church-wardens and vestrymen Further reci have further represented, that they have for several years past per- tal. mitted the said farm to be used as a glebe by the minister of St. John's church, in Johnstown, in the county of Montgomery, but that the said farm is too remote from Johnstown, to be occupied as a glebe by the said minister: That the same is much out of repair, and will require great reparation, for the expenses of which no provision is made by the said trust, conveyance or otherwise; and that if by any means the said farm could he put in tenantable condition, the rent would be very inconsiderable, compared with the interest of the money which might be obtained on a sale thereof: and that the intentions of the donors would be promoted by such sale: The said rector, church-wardens and vestrymen have therefore prayed for an act, to authorise the sale of the said farm, in which petition the corporation of St. John's church, in Johnstown, have united.

And whereas, the prayer of the said petition appears reasonable Therefore,

BE it enacted by the People of the State of New-York, re- Monies inves presented in Senate and Assembly, That it shall be lawful for ted in stock. the said rector, church-wardens and vestrymen of Trinity church, in the city of New-York to sell the said farm, and to invest the proceeds thereof in government-stock or other securities, to the end that the yearly interest and income thence arising, may be forever hereafter applied in the same manner as is required by the said trust, in respect to the rents, issues and profits of the said farm.

In trust.

CHAP. XCII.

AN ACT for the relief of James Peck.

Passed March 24, 1820.

J.Peck to set

tle for amount

50, in Oneida
réservation.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the comptroller of this state be, and he is hereby authorised to settle with James Peck for due onlot No. the amount that may be due from him to the state, as the consideration money for lot number fifty, in the northwest part of the Oneida reservation, in the same manner he would have been authorised to do by the contract of John Mooney for the same lot, dated August seventh, one thousand eight hundred and four, reducing the amount of the security or contract given on the sale of the said premises at vendue, and charging the said James Peck with all costs incurred in consequence of such sale; and that the securities or contract on the said lot, when so reduced, shall remain the same as if no sale of the premises had ever taken place.

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be subscribed

CHAP. XCII.

AN ACT for the relief of the President, Directors and Company of the Seneca Lock Navigation.

Passed March 24, 1820.

243 shares to I. BE it enacted by the People of the State of New-York, by the state. represented in Senate and Assembly, That the comptroller be, and is hereby authorised and required to subscribe two hundred and forty-three additional shares of the stock in the Seneca lock navigation company, to enable the president and directors to discharge the debts owing by the said company, and to complete the whole of the navigation within two years from the passing of this act.

Subscription to be paid.

II. And be it further enacted, That the treasurer shall, on the warrant of the comptroller, pay to the treasurer of the Seneca look navigation company, or to his order, the amount of the said stock Proviso. subscribed: Provided always, That the comptroller shall not draw his order on the treasurer for the amount thereof, unless he shall first have satisfactory proof that the same shall have been actually and faithfully paid and expended by the company on said locks and canals, and in discharge of their debts as aforesaid.

2666 may be

CHAP. XCIV.

AN ACT authorising the sale within this state, of a limited number of the tickets in the lottery authorised by an act of the legislature of the state of Pennsylvania, entitled "an act to enable George Murray, Gideon Fairman, John Draper, Robert Bald and Thomas Underwood, co-partners in the firm of Murray, Fairman and company, engravers, of the city of Philadelphia, to dispose of certain books, maps, plates and prints by way of lottery."

Passed March 24, 1820.

BE it enacted by the People of the State of New-York, resold, & how presented in Senate and Assembly, That it shall be lawful for any person or persons to sell and dispose of tickets in the lottery authorised by said act: Provided, every ticket which may be sold, shall be first endorsed by the secretary of the board of lottery managers of this state; and the proprietors of the said lottery, before they sell or cause to be sold any of the said tickets within this state, shall deliver the number which they propose selling within this state, (not exceeding two thousand six hundred and sixty-six) to the secretary of the board of managers of the lotteries of this state, with a list of the numbers thereof, and the said secretary shall endorse the said tickets, and return them to the said proprietors; and it shall be lawful for him to demand and receive for endorsing the said tickets, one cent for each and every ticket.

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