ing to the directions of the said act, the said company shall be entitled to receive for the term of fifty years the same toll to which they are now entitled by the act hereby amended.

BE

CHAP. C.

An Act granting the privilege of keeping an Inn or
Tavern in the hotel part of the court-house of Gene-
see county.
Passed April 3d, 1811.
E it enacted by the people of the state of New-York,
represented in Senate and Assembly, That all that
part of the court-house in the county of Genesee,
called the hotel part of said court-house, not granted
by the Holland land company to the said county,
may be kept as a public Inn or Tavern, any law to
the contrary notwithstanding.

W

CHAP. CI.

An Act relative to the State Pier at the port of Sag-
Harbor.
Passed April 3d, 1811.
HEREAS the commissioners appointed by
the council of appointment to superintend
the expenditure of five thousand dollars in improving
the said port of Sag-Harbor, by making wharves,
piers or other accommodations for shipping thereat,
by their memorial have represented that it would be
advantageous to the state, and promote the commerce
of the said port to unite the state pier, made by the
said commissioners, with the long wharf owned by
individuals of the said port: Therefore,

A. D. 1811.

missioners

I. BE it enacted by the people of the state of NewYork, represented in senate and assembly, That it shall Gov, to apand may be lawful for the person administering the point comgovernment of this state, under his hand and seal, to for certain appoint three suitable persons, not interested in the purposes. said wharf, commissioners to examine and appraise the said long wharf and also the said state pier, and on such appraisement and valuation to determine and certify, under their hands and seals, what proportion of the whole profits arising from both the said wharf and pier, after they shall be united as herein after di

A. D. 1811. rected, shall be paid into the treasury of this state and what proportion thereof shall be received by the prietors of the said long wharf.

Further

missioners.

pro

II. And be it further enacted, That after the said duty of com commissioners shall have determined and certified the proportion of profits to be paid into the treasury of this state, and the proportion thereof to be received by the proprietors of the said wharf as aforesaid, it shall and may be lawful for them, and it is hereby made their duty to cause the said pier and wharf to be united by a bridge of plank of sufficient strength and width for the safe passing and repassing of carts, horses, oxen and heavy baggage, the expence of which bridge shall be defrayed and paid out of the joint funds or profits of the said wharf and pier, after they shall be so united, and before any distribution of the said profits shall be made.

Commis❜rs and other

persons to

establish rates of

III. And be it further enacted, That as soon as the said pier shall be united to the said wharf as aforesaid, it shall be the duty of the said commissioners to give wharfage. notice thereof to the proprietors of the said wharf, and thereupon the said proprietors shall call a general meeting of all persons interested in the said wharf, and the proprietors so met, or a majority of them, together with the person appointed agent or receiver of the profits of the said pier by the council of appointment, shall have power to regulate and fix the rates of wharfage to be taken from all vessels and persons using the said wharf and pier, to regulate and fix the compensation of a wharfinger, and to appoint some suitable person as wharfinger for one year, or until another shall be appointed in his place, who shall be and hereby is empowered and authorised to collect, receive, and in his own name to sue for and recover, from the owners, masters, or consignees of all vessels coming to and using the said wharf and pier, the rates of wharfage to be determined and fixed by the proprietors and agent as aforesaid, for the use of the said proprietors and of this state; and the said proprietors and agent shall hereafter, from time to time, meet as often as they or either of them shall think necescary, and have

power at all such meetings to make such prudential A. D. 1811. rules and regulations for the management of the said wharf and pier, as to them, or a majority of them, shall be judged expedient and necessary, to remove the said wharfinger and at any time to appoint anoth er in his place: Provided, That at all such meetings of the proprietors the person appointed agent of the state shall, as a representative on the part of the state, have as many votes as shall be declared and certified by the said commissioners to be proportionate to the interest of the state in the said wharf and pier when united as aforesaid.

receive and

profits with

IV. And be it further enacted, That it shall be the Agent to duty of the said agent or receiver to pay annually in- account for to the treasury of this state, all monies received by the comp him, and to exhibit at the same time to the comptrol- troller. ler an annual report of the whole amount of profits of the said wharf and pier after they shall have been united as aforesaid; and further, the said agent or receiver shall be allowed as a compensation for his services, such a per centage on all the monies received by him as shall, by the said comptroller, be certified as reasonable, to be paid by the treasurer on the warrant of the comptroller.

tion to com

V. And be it further enacted, That the account of Compensathe commissioners to be appointed in pursuance of this missioners act, shall be audited by the comptroller, and paid to them on his warrant by the treasurer.

CHAP. CII. .

An ACT for the relief of Mary Black, administratrix of James Black, deceased.

W

Passed April 3, 1811. HEREAS Mary Black, widow and adminis tratrix of James Black, deceased, hath by her petition represented to the legislature, that her late husband was a clothier in the army during the late American war, appointed under this state, and that at the close of the war there was a considerable sum due to the said James Black, as adjusted by Peter T. Curtenius, late auditor of the state of New-York, and by him.

how paid.

A. D. 1811, delivered to the commissioners appointed for settling

Town of

Lee erect

ed.

Poor and

ey how divided.

the accounts between the United States and the individual states, for the purpose of having the same passed to the credit of this state, as appears by the certificate. of the said Peter T. Curtenius: Therefore,

BE it enacted by the people of the state of NewYork, represented in senate and assembly, That the treasurer of this state, on the warrant of the comptroller pay, and he is hereby required to pay to Mary Black, administratrix of James Black, deceased, the sum of seven hundred and ninety-seven dollars and twelve and an half cents, and that such payment shall be in full satisfaction and discharge of the account of the said James Black, deceased.

I.

B

CHAP. CIII.

An ACT to divide the town of Western, in the county
of Oneida.
Passed April 3, 1811.
E it enacted by the people of the state of New-
York, represented in Senate and Assembly, That
from and after the first Monday of March next, all that
part of the town of Western, in the county of Oneida,
lying west of a line beginning on the south line of lot
number eighteen, in Fonda's patent, sixteen chains
easterly from the southwest corner of said lot, and run-
ning thence north one degree and thirty minutes west,
parallel to the east line of said town of Western, and con-
tinuing to the north line of said town, shall be and here-
by is erected into a separate town by the name of Lee,
and the first town-meeting shall be held at the school-
house, near the house of Samuel Darling; and that all
the remaining part of the town of Western shall be and
remain a separate town by the name of Western, and
that the next town-meeting shall be held at the dwel-
ling-house of Silas Morse in said town.

II. And be it further enacted, That as soon as may poor mon be after the first Tuesday of March next, the overseers of the poor and the supervisors of the said towns shall, after due notice being given for that purpose by the supervisors of said towns, meet together and apportion the money and poor belonging to the said town of Western previous to the division thereof, agreeable to

the last tax list, and that each of the said towns shall A. D. 1811. forever thereafter support their own poor.

CHAP. CIV.

An ACT to incorporate the trustees of the Somers
Village School.
Passed April 3, 1811.
HEREAS the inhabitants of Somers Village,

W in the town of Somers, in the county of West

chester, have associated together for the purpose of building a school-house or academy in said SomersVillage; Therefore,

I. Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the freeholders and inhabitants residing in or near the said village of Somers, are hereby constituted and declared to be one body corporate and politic, in fact and in name, by the name of the "trustees of the Somers Village school," and by that name they and their successors may forever hereafter have perpetual succession, and shall and may, by the same name, be persons capable in law of suing and being sued, impleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure, and shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of said corporation; provided such estate shall not exceed the sum of four thousand dollars.

II. And be it further enacted, That Samuel Roof, junior, Joseph Sunderland, Aaron Brown, Daniel Quick and Benjamin Jessup, shall be and are hereby declared to be the first trustees of said school, and shall continue to be trustees for the purposes aforesaid until the first Tuesday in March next, and until others be chosen in their places; and that it shall and may be lawful for the inhabitants aforesaid for the time being, to assemble on the first Monday in May in each and every year, at such time of the day and place as the trustees, or a major part of them shall appoint by advertisement, and under the direction of the said trustees, or such of them as shall be present, who are hereby made