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II. And be it further enacted, That the route of the road as altered in the preceding section, shall hereafter be the route established by law; and as soon as the same shall be opened and sufficiently made, such parts of the road laid out by the commissioners under the before recited act as are included between the intersection points of the road hereby established, shall discontinue and cease to be a public load.

III. And be it further enacted, That the commissioners of highways of the said town of Northampton, shall forthwith. cause a map of the road established by virtue of this act to be made and filed in the office of the clerk of the county of Genesee.

CHAP. XIII.

An ACT for the Relief of Settlers on the Patent granted to Zina Hitchcock and Philip Smith.

Passed January 27, 1813.

WHEREAS it appears from a report of the surveyor-general, that the original survey of the west line of a certain patent of two thousand acres of land, situate on the west side of and adjoining to Lake George, in the town of Bolton, in the county of Washington, granted by letters patent to Zina Hitchcock and Philip Smith, is extended on the adjoining unappropriated lands belonging to the people of this state, and is now occupied and possessed according to the said original survey of the said patent: Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the right, title and interest of the people of this state in and to the unappropriated land comprehended by the extended line of the said patent as aforesaid, be and the same are hereby declared to be vested in the persons respectively holding, occupying or possessing the same under title derived from the said patent, in the same manner as if the original survey of the said west line had designated the true west line thercof: Provided, That the title to none of the said land shall be affected by this act, unless the appraised value thereof, with interest at the rate of six per centum per annum from the appraisal until the payment thereof, shall be paid into the treasury of this state within two years from the passing of this act.

CHAP. XIV.

An ACT authorising the building of a fire-proof Clerk's Office in the county of Broome.

Passed January 27, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it may and shall be lawful for the board of supervisors of the county of Broome to build or cause to be built at the village of Chenango-Point, in said county, a fire proof clerk's office, of such materials and

B

Town of Greenland erected.

New Gofhen.

divided.

dimensions as to them shall appear necessary and expedient; and immediately after the said building is completed, to draw on the treasurer of the said county for a sum not exceeding six hundred dollars towards defraying the expenses of completing said building; and the said treasurer is hereby authorised aud required to pay such sum out of any monies then remaining in his hands unappropriated.

CHAP. XV.

An ACT for dividing the Town of Windham into three Towns.
Passed January 27, 1813.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That all that part of the town of Windham, in the county of Greene, lying east of the easterly line of great lot number twenty-two in the Hardenbergh patent, and south of the height of land between the east kill and the great hollow, be erected into a separate town by the name of Greenland, and that the first town meeting in the said town of Greenland be held at the house of Daniel Bloomer in said town: That all that part of the said town of Windham lying northwardly of the last mentioned line and of the height of land between Batavia and the south mountain settlement, crossing the highway leading from John Tuttle's to Abel Holcomb's, at a hemlock sapling standing on the east side of said road, marked R. D. and crossing the Schoharie kill on the south line of lot number eighteen in the sub-division of lot number twenty in the said Hardenbergh patent, and running from thence westerly to the county of Delaware, be erected into a separate town by the name of Windham; and that the first town meeting in the said town of Windham shall be held at the house of John Tuttle in said town; and that all the remaining part of the said town of Windham shall be erected into a separate town by the name of New Goshen, and that the first town meeting in the said town of New Goshen shall be held at the house of Abel Holcomb, in said town.

II. And be it further enacted, That so soon as may be after Poor monies the first Tuesday of April next, the supervisors and overseers of the poor of the towns aforesaid shall, by due notice to be given by the supervisors thereof, meet together and apportion the poor maintained by the said town of Windham, 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 first day of April next.

CHAP. XVI.

An ACT relative to the Presbyterian Church and Congregation of Smithtown, in the county of Suffolk.

Passed February 5, 1813.

WHEREAS the trustees of the presbyterian church and congregation of Smithtown, in the county of Suffolk, have, by

their petition presented to the legislature, represented that their predecessors in office, on the first day of January one thousand eight hundred and one, conveyed a certain piece of land described as follows: "all that messuage and tract of land situate in the township of Smithtown, and late the parsonage of the presbyterian church of said town, bounded as follows, that is to say, eastwardly by the land of William Arthur, southwardly by the brook of the northeast branch, westwardly by the land formerly laid out to Job Smith, deceased, and now in possession of Isaac Blydenburgh, northwardly by the county road and a slip of land. two rods wide reserved for a road, containing within the aforesaid bounds, one hundred and twenty acres, more or less, as the same was laid out and recorded in the records of said town, together with all and singular the houses, buildings, orchards, trees, ways, and privileges thereunto belonging; also all of a certain right or share of meadow, with the appurtenances, situate in Niseguage river, and denominated the parsonage meadow, the title whereof was then vested in the said corporation:" And whereas doubts have arisen as to the regularity of the proceedings of the said trustees in the premises, and of the validity of their said sale without legislative interference: Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the grant of the aforesaid lands made by Nathaniel Smith, Caleb Smith, Mills Philips, Joshua Smith, jun. Jonas Mills, and Thomas Hallock, as trustees of the presbyterian church and congregation of the town of Smithtown, in Suffolk county, to Luther Gleson, made and executed on the said first day of January, one thousand eight hundred and one, is hereby confirmed, and that the same shall be held to have vested at the time of the execution thereof in the said Luther Gleson, his heirs or assigns, all the estate, interest and property, either in law or equity, which the said corporation, on the day last mentioned, had or ought to have in the

same.

CHAP. XVII.

An ACT to amend the act entitled "an act for the Assessment and Collection of Taxes," passed the eighth day of April, eighteen hundred and eleven.

Passed February 5, 1813.

BE it enacted by the people of the state of New-York, repreBented in Senate and Assembly, That from and after the passing of this act, the supervisors of the respective towns of the county of Kings shall hold their first meeting on the first Tuesday of August in every year, to transact the ordinary business of the said county, and deliver their warrants and tax lists to the several collectors for the collection of taxes in said county, by the first Tuesday of September in every year; and that the collectors of the several towns in said county shall settle their accounts with the treasurer of the aforesaid county on or before the first Tuesday of November in every year; and that the town clerks of the respective towns in the said county of Kings shall sertify and deliver to the supervisors of their respective towns,

the names of all the assessors and collectors in the same, between the first day of May and the first Tuesday of August in every year, any thing contained in the act hereby amended to the contrary notwithstanding.

CHAP. XVIII.

An ACT for the Relief of Robert Ross and others.

Passed February 5, 1813.

WHEREAS it appears to the legislature by the petition of Robert Ross, of Eastchester, in the county of Westenester, and by the agreement between him and Enos Parker, and the papers thereto annexed, that a suit at law has and now is depending between the said Robert Ross, James R. Smith and Ann Smith, infants above the age of fourteen and under the age of twentyone years, of whom the, said Robert Ross is duly appointed guardian, and the said Enos Parker, relative to the title of a tract of land of one thousand and fifty acres, situate in the town of Kortright, in the county of Delaware, being the moiety or half part of a tract of land granted by letters patent, dated the twenty-second day of May, one thousand seven hundred and seventy, by the late colony of New-York to one James Clark, as the same is described in a deed from the said James Clark by Simon Stevens, his attorney, to Robert Ross, deceased, the ancestor of Robert Ross, James R. Smith and Ann Smith, the infants aforesaid, in whom the title to the same is now vested: And whereas the parties have agreed to settle the said suit at law by mutual releases, the said Robert Ross in behalf of himself, and as guardian for the aforesaid infants, to release to the said Enos Parker, or to such person as he shall appoint, two hundred and fifty acres of land in the said tract, including the houses, out houses and improvements of the said Enos Parker and Enos Parker, junior, his son, to be laid out and surveyed in the most convenient form, before the said Enos Parker and his son Enos Parker, junior, releasing to the said Robert Ross, James R. Smith and Ann Smith, all their right and title to the remainder of the said tract: And whereas by the petition of the said Robert Ross, the legislature are requested to authorise the said Robert Ross, as guardian to the infants aforesaid, by law to release their right and title to the said two hundred and fifty acres: Therefore,

I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be Jawful for the said Robert Ross, as guardian to the said James R. Smith and Ann Smith, to release all their right and title to two hundred and fifty acres of land in the aforesaid moiety of the patent granted by the said James Clark, by Simon Stevens his attorney, to Robert Ross, deceased, which said two hundred and fifty acres of land are to be surveyed and laid out so as to include the buildings and out houses and improvements of the said Enos Parker and Enos Parker, junior, upon the said Robert Ross receiving a release from the said Enos Parker and Enos Parker, junior, for the use of himself and the said infants,

of all their right and title to the remainder of the said tract of one thousand and fifty acres.

II. And be it further enacted, That the release to be exccuted as aforesaid shall be firm and effectual against the said James R. Smith and Ann Smith, and extinguish their title to the aforesaid two hundred and fifty acres of land: Provided, That the release to be executed by the said guardian shall not conclude the rights of the said infants therein, unless the chancellor of this state shall, after a hearing in the premises, on petition or otherwise, endorse on such release a certificate under his hand, purporting that the compromise authorized by this act, is in his opinion advantageous to the said infants.

CHAP. XIX.

An ACT to incorporate the Pottsdam and Hopkinton Turnpike
Road Company.

Passed February 5, 1813.

and others

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Benjamin Raymond, Liber- B. Raymond ty Knowles, Perez Paulk, Phineas Durfey, Henry M'Laughlin, incorporated. Benjamin W. Hopkins, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the bridge over the river Racket, in the village of Pottsdam, and from thence on the best and most direct route to intersect the St. Lawrence turnpike road, near the dwelling house of Benjamin W. Hopkins, in the town of Hopkinton, and their successors, be and are hereby created a body corporate and politic, by the name of "The President, Di- Their flyle. rectors and Company of the Pottsdam and Hopkinton Turnpike Road," and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and 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 whatsoever, in all manner of actions and complaints, matters and causes, and by the same name and style, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided, That Proviso. such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of said corporation, and for no other purpose whatever.

II. And be it further enacted, That the stock of said compa- Stock. ny hereby incorporated shall consist of five hundred shares of thirty dollars each, and that Benjamin Raymond, Liberty Knowles, Perez Paulk, Phineas Durfey, Henry M.Laughlin and Benjamin W. Hopkins, be and they are hereby 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 the thirteenth day of March, eighteen hundred and seven.

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III. And be it further enacted, That the said company hereby Rates of toll.

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