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the dam now erected across the Conhocton river, in the cour ty of Steuben, about one mile above the village of Bath, on the land owned by the said George M'Clure, said dam not to exceed two feet six inches in height, for the purpose of supplying his mills and woollen manufactory with a sufficiency of water to drive the same: Provided, That the said George M'Clure shall erect an apron or lock in said dam, of such construction as to render the passage safe and easy for rafts, arks and boats, common in said river, at all times during the continuance of said dam: And provided further, That if the passage aforesaid shall at time be obstructed, the grant hereby intended to be made shall be absolutely void: Provided, That nothing herein contained shall be construed to authorise the said George M'Clure to raise his dam in a manner, that shall overflow the lands of any other person; and that it shall be lawful for the legislature, at any time, to repeal or modify this act.

First Tues-
day of April
for town mee-
ting.

CHAP. LXXIV.

AN ACT to alter the time of holding the town meeting in the town of Argyle, in the county of Washington.

Passed March 10, 1820.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of April next, the annual town meeting in the town of Argyle, in the county of Washington, shall be holden on the first Tuesday of April, in each year; and that all such town officers, whose duty it was to meet on the last Tuesday of February, shall meet on the last Tuesday of March, to do and transact such business as to their respective offices appertain.

600 dols, pay-
able to H.
Durkee.

CHAP, LXXV.

AN ACT for the relief of Harvey Durkee.

Passed March 10, 1820.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That if the New-Stockbridge Indians, with the consent of the peace-makers and superintendents, shall release and convey all their right and claim to three hundred acres of the land by them possessed, to be located in a square, to the people of this state, then it shall be lawful for the treasurer to pay, on the warrant of the comptroller, the sum of six hundred dollars to Harvey Durkee, in full of his demand against the said Indians, admitted to be justly due from them to him.

CHAP. LXXVI.

AN ACT requiring the Surrogates in the several counties in this state to give security.

Passed March 10, 1820.

N. York to

I. BE it enacted by the People of the State of New-York, re- Surrogate of presented in Senate and Assembly, That from and after the first give security day of July next, it shall not be lawful for the surrogate of the city in 10,000 dols and county of New-York to execute the duties of his office with out having first executed to the people of this state a bond, with two or more sureties, being freeholders in this state jointly and severally, in the penal sum of ten thousand dollars, to answer to the people of this state, and the parties, if any will complain, for the faithful and legal application and payment of all monies and effects which may come into the hands of such surrogate, in the execution of his office,

dols.

II. And be it further enacted, That it shall not be lawful after Other surro the first day of July next, for any surrogate of any other city or gates in 5000 county in this state, to execute the duties of the said office without first entering into the like bond to the people of this state, in the penal sum of five thousand dollars, with two or more sureties, being freeholders, jointly and severally to answer to the people of this state, and the parties, if any will complain, for the faithful application and payment of all such monies and effects as may come into his possession in the execution of the said office, which said bond shall be filed in the office of the clerk of the county where any such surrogate shall be appointed, and such bond shall there remain matter of record.

refusal to act.

III. And be it further enacted, That if any surrogate hereaf- Bond not giv ter appointed, in any of the counties of this state, shall not within en, deemed a twenty days after receiving notice of such appointment, execute such bond, he shall be deemed to have refused to take the said office; and it shall be the duty of the clerk of such city or county, immediately after the expiration of the said twenty days, to give notice thereof to the person administering the government of this

state.

act, till suc

IV. And be it further enacted, That it shall be lawful for the Incumbent to surrogate of any city or county, having given such bond as aforesaid, cessor gives to continue in the discharge of the duties of such office, until his bond. Successor in the said office shall give such bond.

V. And be it further enacted, That the bonds required by Bonds how approved. this act, shall be approved by the clerk of the city or county in whose office the same shall be filed, and a certificate of such approval shall be endorsed thereon, before the same shall be deemed a compliance with this act; and such certificate shall not be given until the said clerk shall be satisfied by the oath of the sureties thereto, or otherwise, that they are good and sufficient.

Certain re

ceived.

CHAP. LXXVII.

AN ACT for the relief of Nathaniel Sill, late Treasurer of the county of Niagara,

Passed March 10, 1820.

I. BE it enacted by the People of the State of New-York, returns to be represented in Senate and Assembly, That it shall be lawful for the comptroller of this state to receive the returns of the arrearages of the tax of the year one thousand eight hundred and eighteen, of the county of Niagara, which were last year transmitted to his office after the time prescribed by law for that purpose: Provided, such new returns shall be made at any time before the first day of May next; and the same, if so made, shall be as valid as if originally made within the time prescribed by law.

Proviso:

bills receiva

ble from N.

Sill.

Proviso.

II. And be it further enacted, That it shall be lawful for the Niagara bank treasurer of this state, to receive from the said Nathaniel Sill, on account of any monies due to this state from the county of Niagara, the sum of two thousand one hundred and sixty-four dollars, received by him, whilst treasurer of said county, in notes of the Bank of Niagara : Provided, That before the treasurer shall credit the said Sill, or receive such notes, the said bank shall secure or cause to be secured, the redemption of the said notes, within two years from the first day of May next, with interest annually there. on from the first day of May last, by a mortgage or mortgages, judgment or judgments on real estate, within this state, to the satisfaction of the attorney-general and comptroller.

Corporation created.

CHAP. LXXVIII.

AN ACT to incorporate the Lake Erie Steam-Boat Company.
Passed March 10, 1820.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Asa H. Center, Nathaniel Davis, Ralph Pratt, William Durant, John Meads, Robert M'Queen, Alexander M. Muir, Noah Brown, and Samuel M'Coun, and their associates, and all persons who now are or hereafter may be holders of the stock herein after mentioned, are hereby declared Style and ge- to be a body corporate, by the name of "the Lake Erie Steamneral powers. Boat company," and so to remain and continue until the eleventh day of April, in the year of our Lord one thousand eight hundred and thirty-eight; and shall be capable of purchasing, holding and disposing of real and personal estate, necessary for the objects of the incorporation; and the said steam-boat, together with all the property, goods, chattels, effects and debts whatsoever, and owing or at any time belonging to the Lake Erie steam-boat company, are hereby vested in the above mentioned corporation: Provided, The business of the said corporation shall not be transacted in any place other than Lakes Erie, St. Clair, Michigan and Huron, and the streams connecting those lakes and the Niagara river.

Proviso.

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11. And be it further enacted, That the capital stock of the said corporation shall not exceed the sum of seventy-six thousand dol lars, to be divided into shares of two hundred dollars each, of which shares the present stockholders or associates shall have a number equal to the interest which they respectively hold, or may from time to time hold in the actual capital or stock of the said petitioners and their associates employed in the steam-boat navigation.

Capital stock.

Officers.

III. And be it further enacted, That the affairs of the said corporation shall be conducted and managed by not less than five, nor more than seven directors, who shall be stockholders, and shall be chosen annually on the second Monday of December, in each Election. and every year, by the stockholders, which election shall be by ballot, and each stockholder in such election, shall be entitled to one vote for each share he owns at the time of such election, and that until the second Monday of December one thousand eight hundred and twenty, Asa H. Center, Nathaniel Davis, William Durant, John Meads, Alexander M. Muir and Noah Brown shall be the directors of the said corporation, and shall continue to be the directors until others shall be duly elected.

First officers.

poration.

IV. And be it further enacted, That the directors aforesaid, President and and those who may from time to time be elected, or a majority of powers of corthem, shall as soon as may be after their election, appoint one of their number to be president; and that a majority of the directors, for the time being, shall form a board or quorum for the transacting all affairs and business of the said corporation, and a majority of those present shall have power to make such by-laws, (not inconsistent with the laws of this state or the United States,) and to appoint such officers, agents, clerks and servants as may be necessary, respecting the transferring the stock of the said corporation, and the paying of dividends thereon, for the ordering, regulating and conducting the affairs of the said corporation, and the persons employed by them, and for the election of directors; and if any election of directors should not at any time be made when pursuant to this act the same ought to be made, the directors for the time being shall continue directors until others are elected.

Individuals of

V. And be it further enacted, That nothing herein contained Banking, &c. shall be taken to authorise the said corporation to employ any part prohibited. of the capital for banking purposes, or for any other object than for those connected with the navigation herein before mentioned. VI. And be it further enacted, That the members of the said corporation shall be liable, individually, in the same manner as corporation carriers, at common law, for the safe transportation of all goods, liable as carwares and merchandize, delivered to the agents of such corporation, and for all contracts which shall be made by such agents, relating to the business of the said corporation.

riers.

VII. And be it further enacted, That the legislature shall have Rights repower at all times to modify, amend or repeal this act.

served.

Part of the

doned,

such part so

CHAP. LXXIX.

AN ACT relative to the Minisink and Montgomery Turnpike
Road Company.

Passed March 10, 1820. .

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the president, directors and company of the Minisink and Montgomery turnpike road, in the county of Orange, shall bave full power and lawful authority to abandon that part of said turnpike road, commencing at the east end thereof, in the town of Montgomery, from thence opposite to the dwelling house of George W. Pelton, in the town of Walkill, and that the same be made a public highway.

II. And be it further enacted, That it shall be the duty of the Who to work commissioners of highways, in the towns of Montgomery and Walabandoned. kill, and they are hereby required to form the said road into one or more road districts, in their respective towns, and to attach to said district or districts, persons residing on and adjacent to said road, (not exceeding one mile from said road) liable to work ou highways, that on a fair assessment of labor, shall be sufficient to keep the said road in ample repair.

Full toll gate where

III. And be it further enacted, That the president, directors authorised, & and company of the said turnpike road, shall have full right and lawful authority to keep up a full toll gate, between the dwelling house of George W. Pelton and the Shawangunk mountain, and to receive the same tolls as at a gate for ten miles of said road.

Number of di

ed.

IV. And be it further enacted, That at the next anniversary day rectors reduc of choosing directors of said company, and at every anniversary day thereafter, it shall and may be lawful for the stockholders of said company to make choice of five, instead of seven directors, for the purpose of managing the concerns of said company, and that three of the five directors shall be a quorum, and capable of transacting the business of said company, any thing in the act heretofore passed to the contrary notwithstanding.

V. And be it further enacted, That this act shall be considerPublic acted a public act, and construed in all courts favourably and benignly for the purposes herein intended.

gate author

VI. And be it further enacted, That it shall not be lawful for A turnpike the president, directors and company of the Minisink and Montised,&where. gomery turnpike road, to place a turnpike gate on the said turnpike road not abandoned by this act, within sixty rods of the dwelling-house of George W. Pelton, in the town of Walkill.

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