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within the term of three years, to be computed from "^^i^the first Monday of May next, complete the said navigation to the satisfaction of three discreet men, to be appointed by the person administering the government of this state for the time being, and at the request of the judges of the court of common pleas of the county of Jefferson, or a majority of them, that then and in such case this act and also the act hereby amended, shall respectively cease and become null and void, and all the rights thereby vested in the said corporation shall revert to the people of this state, any thing contained in this act or in the act hereby amended to the contrary notwithstanding.
III. And be it further enacted, That the right and Right to title in and to the surplus water over and above what maybe sufficient for effecting the object of this in-i9theBI».ck corpor ation at the place where the intended locks may ^Jo^mbe erected* is hereby vested in the president, directors v*s>1' and company of the Black river navigation in the state of New-York during the time they shall remain an incorporation; and that when the said company shall Thig act have received the amount of their capital actually ex- when to pended, together with an interest thereon of fourteencease' per cent, by receipts for passing through the said navigation, or in any other way, for the use of the waters hereby granted, that then and in such case, this act and the act hereby amended shall respectively cease> and all the rights hereby vested in the said corporation shall revert to the people of this state: Provided, That Proviso, nothing in this act contained shall be so construed as to interfere with private rights, as secured by the seventh section of the act hereby amended: Provided further, That if any person or persons shall sustainpr3vlso' any injury or damage, by over-flowing of lands in consequence of erecting the said dams or locks, such damages shall be ascertained and paid, in the manner directed in the act hereby amended: And provided fur- Further ther, 1 hat the said company shall be entitled to the exclusive use of the surplus water as aforesaid, at the place where the said dam shall be erected, and at no other place whatever on said river.
^D^- IV. And be it further enacted, That the two last sec2u«sections of the act hereby amended, and the provisos to mTrae/re-the same, be and they are hereby repealed.
CHAP. XXXVI. An ACT for erecting a fire proof Office for the Clerk of the Supreme Court, residing in Utica.
Passed March 8, 181k
BE it enacted by the people ofthe state of New- York, represented in Senate and Assembly, That for the safe keeping of the records and papers now deposited, and hereafter to be deposited in the clerk's office of the supreme court, at Utica, a fire proof office shall be erected in said village, at such place as Henry Huntington, Ephraim Hart, together with Arthur Breese, or any two of them, shall designate and fix upon; and that the sum of two thousand dollars is hereby directed to be paid out of the treasury, upon the order of the ?,foresaidpersons,for the purchase of a lot and erecting said building, and that the same be and remain the property of the state; and that the above said persons be and hereby are appointed commisioners for the purpose of erecting said building, and purchasing said land: Provided, That said lot of ground shall not exceed thirty-two square perches, and that said building shall not comprehend an area of more than eight hundred square feet, and an elevation of more than ond story.
An ACT authorising the purchase of the Islands in the
Passed March 8, 1811.
'ernor to make such contract with the Seneca Indians, «rt^ or their agents, for the purchase of the islands in the i«iamis in Niagara river, between Lake Eric and the falls in jag«.rari' ^aj£ rjycrj withjnthis state, on such terms as he shall judge most advantageous to the state.
II. And be it further enacted, That the treasurer be ^JJ^Jandhe is hereby directed, on the warrant of the comp- gsooodou trailer, to pay to his Excellency the Governor such|^J£fj£ sum, not exceeding three thousand dollars, as may intl,at w*the first instance be necessary to carry the said treaty1"""' into effect.
CHAP. XXXVIII. An ACT for the relief of the Church Wardens and Vestry of Trinity Church, in the village of Utica, in the county of Oneida. Passed March 8, 1811. HE RE AS it is represented to the legislature that sir James Pulteney and Henrietta Laura Pulteney, his wife, by their attorney, Robert Troup, and by deed bearing date the sixth day of February, in the year one thousand eight hundred and eight, did convey as a free gift unto the said church wardens and vestry and their successors forever, three lots of land in the town of Eaton, in the county of Madison, and in trust to be forever thereafter used as a glebe for the benefit and support of a regularly ordained minister of the Episcopal church, to be called and settled by the said church wardens and vestry as an officiating minister for the said Trinity church in the said village of Utica. And whereas it is also represented that by reason of the distant situation of the said glebe from the said church, it is not in the power of a minister to occupy and improve the same himself, or to superintend the improvement thereof, without inconvenience and loss, and that upon trial it has been found impracticable to lease the said glebe to advantage. And whereas by reason of the premises, the said church wardens and vestry have, by petition to the legislature, prayed that an act may be passed authorising them to sell the said glebe and to vest the avails thereof in other real estate in the vicinity of the said church, to be held by the said church wardens and vestry, and their successors, upon the trust created by the said deed of gift, in which petition the said sir James Pulteney (the said Henrietta Laura being dead) by his said attorney, Robert Troup, has concurred. And
A D. isii. whereas the legislature deem it reasonable to grant the v**"v"*"' prayer of the said petition: Wherefore,
Be it enacted by the people of the state of New- York, represented in Senate and Assembly, That it shall and may be lawful for the church wardens and vestry of Trinity church in the village of Utica, in the county of Oneida, notwithstanding any thing in the said deed of gift to the contrary thereof, to sell the glebe so as aforesaid given and conveyed to them by the said sir James Pulteney and Henrietta Laura Pulteney, and to vest the monies arising from the sale thereof in the purchase of other real estate in the vicinity of the said church, and that the real estate so purchased shall be held by the s iid church wardens and vestry and their successors forever thereafter, upon the like special trust and confidence, and for the special intent and purpose by the said deed of gift particularly expressed and declared concerning the lots of land by the same conveyed, and upon no other trust and confidence, and for no other intent and purpose whatsoever.
Passed March 8, 1811
WHEREAS it is represented to the legislature that Archibald M'Lean, late of the city of New-York, printer, and a naturalized citizen of this state, deceased, was in his life time, seised in fee of four certain lots of ground in the city of New-York, part of the real estate of the late Nicholas Bayard, Esquire, deceased, and known and distinguished on a map made by Cosimer Th. Goerck, one of the sworti surveyors of the said city, by lots number three hundred and fifty-three, three hundred and fifty-four, three hundred and fifty-five and three hundred fiity-six, and bounded together easterly by fourth-street, westerly by fifth-street, northerly by spring-street, and southerly by lots number three hundred and fifty-two and three hundred and fifty-seven, containing together in breadth on fourth and fifth streets, fifty feet, and on spring-street and on lots number three hundred and •fifty-two and three hundred and fifty-seven, two hundred feet; that the said Archibald M'Lean being so seised departed this life intestate, without lawful issue, and leaving Maria M'Lean, a native citizen of this state, his widow, and Christian M'Lean, of the city of Glasgow, in North Britain, and an alien, his sister and heiress at law, him surviving; that after the death of the said Archibald M'Lean the said Maria M'Lean obtained letters of administration upon his estate; in consequence whereof, and upon settling the concerns of the estate with the duly authorised attorney of the said Christian M'Lean, as the heiress at law of the said Archibald M'Lean, and as his nearest of kin, the said Maria M'Lean paid the said attorney four thousand dollars in full for the interest of the said Christian M'Lean in the personal estate of the said Archibald M'Lean, and also in the lots of ground above mentioned, supposing that the said lots of ground had descended to the said Christian M'Lean as the heiress at law of the said Archibald M'Lean; that the said Maria M'Lean, after the said settlements, intermarried with Caleb B. Bowering, late of the said city of New-York, merchant, deceased. And whereas it is alledgcd that the title to the said lots of ground never vested in the said Christian M'Lean by reason of her alienism, but on the contrary that the said title upon the death of the said Archibald M'Lean passed immediately to the people of this state,subject to the widow's dower. And whereas the said Maria Bowering being now a widow with four young children, and having no visible means for her support and for the mainfyinance and education of her children, except the said lots of ground, has by petition to the legislature, prayed that an act may be passed vesting in her and her heirs and assigns forever all the estate and interest which the people of this state have in the said lots of ground, which prayer the legislature deem it reasonable to grant: Wherefore,