Penalty. Restriction. Act may be nullified. Rights reserved. legany river Indian reservation, so much land as shall be necessary for their use in keeping said ferry; but the quantity of land so leased shall in no case exceed fifty acres; but nothing herein contained shall be construed to authorise the said Wheelock Chase to cut or remove any pine trees or pine timber from any land which shall be leased to him and his assigns by virtue of this act. S 4. If the said Wheelock Chase or his assigns, or either of their, or any ferryman or person employed by them or either of them to keep said ferry, shall exact or receive any greater or higher rates for transporting persons, goods or chattels, than shall be by the court of common pleas aforesaid limited and established, the person or persons so offending shall forfeit and pay for every such offence the sum of three dollars, to be recovered in any court having cognizance thereof within this state, by any person who shall sue for the same. $ 5. If any person or persons shall, after the first day of April aforesaid, set up, keep and maintain a ferry, or shall transport any persons, goods or chattels, for hire or pay, across the said river, within three miles of the said ferry hereby established, other than the said Wheelock Chase and his assigns, such persons shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered in any court within this state having cognizance thereof; but nothing herein contained shall be construed to include any person or persons living or inhabiting along said river, within the limits aforesaid, from the right of carrying and transporting themselves and their goods and chattels in their own boats at pleasure. S6. If it shall appear to the court of common pleas aforesaid, upon sufficient evidence, that the said Wheelock Chase or his assigns shall wilfully neglect to comply with the directions of this act in keeping said ferry, it shall and may be lawful for the said court to adjudge that all the privileges granted to them under this act shall cease and be of no effect. S7. The legislature may at any time alter, modify or repeal this act. CHAP. 200. AN ACT concerning distress for rent. Passed April 22, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The property of boarders at taverns and boardinghouses shall not be liable to distress for rent: but no officer making a distress shall be liable for seizing or selling property belonging to any such boarder, unless, upon such taking or sale, notice of the claim of such boarder be given to such officer. $ 2. This act shall take effect immediately after its passage. CHAP. 201. AN ACT to revive and amend the charter of the Cooperstown, Schoharie and Durham turnpike company. Passed April 22, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Time ex $1. The time for the commencement of the construction of the turnpike road authorised to be constructed by tended the act, entitled "An act to incorporate the Cooperstown, Schoharie and Durham turnpike company," passed April 30th, 1829, is hereby extended to two years from and after the passage of this act; and the corporate powers created by the act aforesaid are hereby revived and continued to said company, for the purposes contemplated by the said act of incorporation, except as herein otherwise provided. S2. The capital stock, instead of the sum mentioned in the said act of incorporation, shall be twenty-five thousand dollars, to be divided as in the said act is provided. Stock. $ 3. Daniel Gilbert, John F. Mattice, Isaac W. Baird, Subscriptions Philip Burgh and Gordon W. Merrick, shall be commissioners to open the books and receive subscriptions to said stock. $4. Daniel Gilbert, of Middlefield, in the county of Otsego, Gordon W. Merrick, of Durham, in the county of Greene, and Philip Burgh, of Fulton, in the county of Schoharie, or any two of them, are hereby appointed Commission ers to lay out road. commissioners to lay out said road, any thing in any for mer law to the contrary notwithstanding. CHAP. 202. AN ACT to authorise Henry Smith to erect a dam across the Genesee river, in the town of Angelica, county of Allegany. Passed April 22, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. It shall and may be lawful for Henry Smith, his heirs or assigns, and they are hereby authorised to erect and maintain a dam across the Genesee river, in the town of Angelica, in the county of Allegany, at a farm owned and occupied by him the said Smith, in the said town, above the transit bridge, so called; and if it should at any time become necessary or expedient to navigate said river at the place where said dam is hereby authorised to be erected, then the said Henry Smith, or his successors in the right of said dam, shall erect an apron or lock in said dam, of such construction as to render the passage safe and easy for rafts and boats down the same, whenever it may become necessary or advantageous to navigate the said river during the continuance of the said dam: nothing in this act shall be so construed as to affect the rights of individuals who may be injured by reason of the erecting or continuing said dam. $ 2. It shall be lawful for the legislature, at any time hereafter, to alter, modify or repeal this act. S3. Nothing in this act shall be construed to prevent the legislature, at any time, from authorising the drawing from the said river, the waters thereof, for navigable or for manufacturing purposes, when, in their opinion, the public interest may require the same. CHAP. 203. AN ACT for the relief of David Clancy. Passed April 22, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The treasurer shall pay, on the warrant of the comptroller, to David Clancy, the sum of twenty-six dollars and twenty cents, in full for that sum paid by him into the treasury of the state, on the seventeenth of April, one thousand eight hundred and thirty-two.. CHAP. 204. AN ACT to amend the charter of the National bank. Passed April 23, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The twelfth section of the act to incorporate the said bank is hereby amended, reducing the number of directors from fifteen to thirteen, from and after the next annual election. $2. This act shall take effect immediately after the passage, and the legislature may at any time alter, modify or repeal the same. CHAP. 205. AN ACT to amend the act incorporating the village of Passed April 24, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The trustees of the village of Salina, upon the pe- Streets and tition or consent in writing, of a majority of the persons liable to be assessed therefor, may lay out, make and open streets, roads, alleys or highways in said village; but no building shall be removed without the consent of the owner, and shall in all such cases cause the same to be accurately surveyed, described and recorded in a book to be roads. Side walks. Assessments. kept by the clerk of said village, and the same when opened and made shall be public highways, $ 2. The said trustees may upon petition or consent in writing, of a majority of the freeholders, on any street in the village of Salina, cause to be made or repaired permanent sidewalks and crosswalks in said street, under the direction of said trustees. But all persons liable to be assessed for pavements, side walks and crosswalks, shall have the opportunity to construct them in front of their own lots; but if not done in the manner, of the materials, and within the time' prescribed by the trustees, the said trustees may cause them to be constructed, and assess the expenses upon the owners. $ 3. All assessments for laying out, opening and making streets, alleys, roads or highways, or constructing or repairing pavements, sidewalks and crosswalks, and for all other local improvements, shall be made only upon the property of those who are deemed to be benefitted, and shall be assessed in proportion to their respective benefits. Persons to be S 4. The trustees shall determine who are to be assessed, and shall furnish to the assessors a list containing the names of all such persons and of the amount to be assessed, and the assessors shall then, and within the time specified by the trustees, make the assessment upon such persons only, and in proportion as they shall deem each to be benefitted by the particular improvement for which the assessment is made. as30seed. Notice. Damages. $ 5. When the assessment is made, they shall give the like notice, and have the same power to make corrections as in the case of assessments of taxes. They shall deliver a corrected copy of the assessment roll to the clerk of the village, for the trustees, and any person assessed may appeal within six days from the delivery of the assessment roll to the clerk, to the trustees for the correction of the assessment. The appeal shall be in writing, and delivered to the clerk or president of the board, and in case of any appeal, the trustees shall appoint a time within ten days thereafter, for the hearing of those who are interested, and shall cause a notice to be posted for five days in some convenient public place, designating the time and place and object of hearing, and they shall alter the proportions in such assessment, if they are satisfied that injustice has been done by the assessors. $ 6. All damages in case of laying out, opening and making any new street, alley, road or highway in said village, shall be determined in the same manner as in case of roads and highways in towns, and the trustees shall |