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amount may be drawn from the treasury of said county, upon the order of George McClure, Howell Bull and Henry A. Townsend, who shall be, and are hereby appointed commissioners for superintending and building the said office, of such size and dimensions as to them may seem proper, on the public ground south of the court-house, in the village of Bath; and the said commissioners shall account to the supervisors of said county for all disbursements and expenditures arising to them in erecting the said fire-proof office.

CHAP. XXXIV.

An ACT for the relief of Nathan Stanley.

WE

Passed March 20, 1812. HEREAS it is represented to the Legislature, that the act, entitled "an act for the relief of the representatives of Daniel Hungerford," was obtained on a false suggestion that the patent therein mentioned was intended to have issued to Daniel instead of David Hungerford: Therefore,

Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That it shall be lawful for the court before whom any question relative to the title to lot number ninety, in Cincinnatus, shall be tried, to enquire into the verity or falsity of such suggestion, and if on such trial the jury shall find it false, verdict and judgment may be rendered and entered between such parties as though the said act had not been passed.

CHAP. XXXV.

An ACT for the relief of certain borrowers from the Common School Fund.

I.

B

Passed March 20, 1812. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That all persons who have been prosecuted by the AttorneyGeneral, under the third section of the act, entitled "an act extending the time for the payment of the school fund loans," passed March 22d, 1811, and who before the passing of this act shall have paid all interest

erected.

in arrear and due from them on loans made from the common school fund, shall hold their loans respectively in the same manner and upon the same terms as they might have held them if the said interest had been paid and satisfied at the time required in and by the third section of the said act, and not otherwise.

II. And be it further enacted, That all prosecutions commenced against the persons aforesaid, under the third section of the said act, shall be and the same are hereby discharged: Provided, That any person or persons prosecuted as aforesaid, shall not be entitled to the benefits of this act, unless he or they shall, on or before the first day of June next, pay and satisfy the costs and charges accrued on such prosecution or prosecutions.

I.

CHAP. XXXVI.

An ACT for dividing the Town of Willink, in the
County of Niagara, into several Towns.

Passed March 20, 1812.

1. B York, and Assembly,

E it enacted by the people of the State of New

all that part of the town of Willink, distinguished by township number nine, of the Holland land company, west of the transit meridian line, be erected into a seHamburgh parate town by the name of Hamburgh, and that the first town meeting in the said town of Hamburgh shall be held at the house of Jacob Wright, in said town; and that all that part of the said town of Willink, distinguished by township number eighth, in the seventh, eighth and ninth ranges of townships, west of the said transit line, be erected into a separate town by the name of Eden, and that the first town meeting in said town of Eden shall be held at the house of Benjamin Tubbs, in said town; and that all that part of the said town of Willink, distinguished by number eight and nine, in the fifth and sixth ranges of townships, east of the said transit line, be erected into a separate town by the name of Willink, and that the first town meeting in the said town of Willink shall be held at the house of John Adams, in said town; and that all the remaining part of the said town of Willink, lying east and west of the said transit line, containing number six and seven, be

Willink

erected into a separate town by the name of Concord, Concord. and that the first town meeting in the said town of Concord shall be held at the house of Amaziah Ashman, in said town.

II. And be it further enacted, That so soon as may be after the first Tuesday of April next, the supervisors and overseers of the poor of the towns aforesaid, shall, by due notice being given by the supervisors thereof, meet and apportion the poor maintained by the said town of Willink, and the poor money belonging to the same, agreeably to the last tax list, and that each of the said towns shall thereafter respectively maintain its own poor.

III. And be it further enacted, That this act, shall take effect from and after the day preceding the first Tuesday of April next.

CHAP. XXXVII.

An ACT to incorporate the Hempstead Turnpike Com

pany.

Passed March 20, 1812.

1. BE it enacted by the people of the state of New

turnpike

ny incorpo

York, represented in Senate and Assembly, That Samuel Carman, Joseph Pettit, Abraham Bedell, Law- Hempstead rence Seaman, William Nichols, John Lefferts, Lewis road compa Hewlett, James Hendrickson, William Mott and all rated. such other persons as shall associate with them, to make a good and sufficient turnpike road, to begin at the house of Charles McNiel, in the township of Jamaica, in Queens county, and running from thence to the house of Isaac Clowes, in the township of Hempstead, shall be, and are hereby created a body corporate and politic, in fact and in name, by the name and style of "the Their style president, directors and company of the Hempstead turnpike road," and by that name they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever; and by the same name and style shall be in law capable of

and corpo rate rights.

Proviso.

Route of the

road.

Stock of the company.

purchasing, holding and conveying any estate, real and personal, for the use of the said corporation: Provided, That such estate, so to be purchased and held, shall be necessary to fulfil the objects of the said corporation, and to no other purpose whatsoever.

II. And be it further enacted, That the road to be made by virtue of this act, shall pursue the route of the present road, and that no part of the said turnpike road shall be less than four rods in width: And further, That the bedding of the said road shall not be less in breadth than thirty-two feet, any act to the contrary notwithstanding.

III. And be it further enacted, That the stock of the said company shall consist of eight hundred shares, of Commission- twenty-five dollars each; and that Joseph Pettit, Abrasubscrip- ham Bedell, James Hendrickson, Lawrence Seaman,

ers to receive

tions.

John Lefferts, Lewis Hewlett and William Nichols, shall be and hereby are appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies," passed March 13th, 1807.

IV. And be it further enacted, That if, after the said eight hundred shares shall have been appropriated by the president and directors of the said company, in making and completing of the said road, and the gates and toll houses on the same, and the sum so appropriated shall be found inadequate to the aforesaid objects, then and in such case it shall and may be lawful for the president and directors of the said company, in order to comStock may plete the said road, to increase the stock of the said company, and call upon the stockholders to pay a further sum to be appropriated in an equal ratio, not exceeding five dollars upon each and every share of the said stock.

be encreased

Commission

road.

V. And be it further enacted, That the before men. the lay out tioned Joseph Pettit, Abraham Bedell, James Hendrickson, Lawrence Seaman, John Lefferts, Lewis Hewlett and William Nichols, shall be, and hereby are appointed commissioners, to lay out the road directed in and by this act, subject to the directions, regulations and restrictions, in all respects as are prescribed and contained in and by the aforesaid act, entitled "an act re

lative to turnpike companies," herein before referred to, and to execute and perform all the duties, matters and things therein mentioned, as fully as if the above named commissioners had been appointed in the manner di, rected in and by the act herein before referred to.

VI. And be it further enacted, That the company hereby incorporated shall be entitled to exact and receive, at each of the two gates, which shall not be less than one mile from the house of the aforesaid Charles McNiel, and not less than one mile from the house of the aforesaid Isaac Clowes, to be erected on the said road, from every person using the same for any number of miles not exceeding ten in length of the said road, the following sums of money, and so in proportion for any less distance, that is to say: For every score of sheep Rates of toll,, or hogs, eight cents; for every score of cattle, horses or mules, ten cents, and so in proportion for a greater or less number; for every horse or mule and rider, or led horse or mule, four cents; for every chair, chaise, gig or sulkey, drawn by one horse, ten cents, and for every additional horse, five cents; for every coach, coachee, chariot, phaeton or curricle, drawn by two horses, twenty-five cents, and for every additional horse, five cents; for every cart, stage-waggon or other four wheel carriage, not before mentioned, drawn by two horses, mules or oxen, eight cents, and for every additional horse, mule or ox, three cents; for every cart, waggon, sleigh or sled, drawn by one horse or mule, four cents; for every sleigh or sled, drawn by two horses, mules or oxen, six cents, and for every additional horse, mule or ox, two cents: Provided always nevertheless, That the president and directors of the said company may commute with any person or persons for the privilege of using the said road by the year or for any less time.

passing any

without pay

VII. And be it further enacted, That if any person Penalty for shall pass either of the said gates on the said road with- of the Lates out paying toll, upon pretence of being exempted there- ing toll, from under the act before referred to, every person so offending shall, for every such offence, forfeit and pay to the aforesaid company ten dollars, to be recovered in any action of debt, by the treasurer of said company,

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