They shall take au oath.

Survey of the

road to be

filed.

Appropria. tion for lay.

road.

Hudson river, thence to the great road leading from Glen's falls to the Schroon lake.

II. And be it further enacted, That the commissioners aforesaid before they enter upon the duties of their office, shall respectively take and subscribe before some justice of the peace, an oath faithfully and impartially to execute the trust reposed in them in and by virtue of this act, and the said oaths shall by the said commissioners respectively be filed in the office of the town clerk of the town of Hadley aforesaid.

III. And be it further enacted, That it shall be the duty of the said commissioners after having laid such road, to make or cause to be made an accurate survey bill of the same, and deliv. er the same to the clerks of the several towns through which the said road shall run, and it shall be the duty of the said clerks to record the same; and when so recorded, the said road shall be opened and kept in repair in the same manner as other public highways are kept in repair; and all damages which shall accrue in consequence of laying out such road, shall be assessed and paid in the same manner as is directed by the act entitled "an act to regulate highways," and the acts amending

the same.

IV. And be it further enacted, That the sum of five thousand ing out the dollars out of the first monies arising from quit-rents due to the people of this state on lands in the towns of Hadley, Thurman and Johnsburgh, be and the same is hereby appropriated for laying out of the said road and making the necessary bridges, to be expended under the direction of a superintendent to be appointed by the person administering the government of this state for that purpose; and the said superintendent, before he shall enter upon the duties of his office, shall enter into a bond in double the amount of the said sum, to the people of this state, with two sureties, to be approved by two of the judges of the court of common pleas of the county of Saratoga, conditioned for the faithful expenditure of all the monies he shall receive under and in pursuance of this act, according to the true intent and meaning thereof, and also for accounting to the comptroller for the said expenditure within three years thereafter; and the said superintendent shall moreover, before he shall enter upon the dutics of his office, take and subscribe an oath before some justice of the peace, faithfully to execute the trust reposed in him as superitendent appointed under this act, to the best of his knowledge and understanding, which said oath shall be filed in the office of the town clerk of the said town of Hadley.

Allowance to V. And be it further enacted, That it shall be the duty of the Commis'rs. treasurer to pay on the warrant of the comptroller, to the said superintendent the said sum of money out of the said fund, to be by the said superintendent applied as soon as may be thereafter, to the laying out of the said road, and the building of the necessary bridges thereon.

To be paid out of the treasury.

VI. And be it further enacted, That the said commissioners and the said superintendent shall each be entitled to receive for their services and expenses whilst necessarily employed in their duties aforesaid, the sum of one dollar and fifty cents per day in addition to the wages and necessary expenses of such persons as they shall necessarily employ in and about the business afore.

said, payable out of the said appropriation: Provided nevertheless, That the whole expense of laying out the said road, making the survey bill thereof and recording the same shall not exceed the sum of fifty dollars; and that the remainder of the said appropriation shall be expended in constructing the bridges across the Sacondaga and the Hudson rivers at such places as shall be appointed by the said commissioners.

CHAP. XXXIII.

Art ACT for the Relief of the Elders, Deacons, Trustees and Members of the Lutheran Congregation at Loonenburgh, in the village of Athens, and town of Catskill.

Passed February 12, 1813.

WHEREAS the elders, deacons, trustees, and members of the Lutheran congregation at Loonenburgh, now village of Athens, in the town of Catskill, have by their petition to the legis lature set forth, that they are desirous of applying so much of the rents, profits, and revenues, arising from their estate towards the support of the protestant episcopal clergyman at Athens aforesaid, as the trustees of the said Lutheran congregation may deem proper: Therefore,

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 trustees of the Lutheran congregation in the village of Athens and town of Catskill, to apply the whole or any part of the rents, profits and revenues of the real and personal estate of the said Lutheran congregation at Loonenburgh, now village of Athens, towards the support and for the use of the protestant episcopal clergyman in the said village of Athens and town of Catskill, for any term or time the said trustees, or a majority of them, may deem proper, any condition in the grant or grants of land to the said Lutheran congregation to the contrary in any wise notwithstanding.

CHAP. XXXIV.

An ACT for the Relief of Samue! Godard and Daniel Hutchenson. Passed February 12, 1813.

WHEREAS Samuel Godard and Daniel Hutchenson are owners or proprietors of the water privileges immediately above and below the bridge on the Seneca turnpike road, where the same crosses the nine mile creek in the town of Marcellus, and the lands adjacent thereto : And whereas the said proprietors are desirous of availing themselves of the full benefit of the said water privileges by erecting a dam and other works for the purpose of mills and other machinery within the limits of said turnpike road, or near the same, as shall be found most convenient : Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the said Samuel Godard and Daniel Hutchenson, and their heirs and assigns, shall be and are

D

hereby authorised to erect and maintain a dam, and such other hydraulic works as may be necessary for the use of mills and other machinery, within the limits of and contiguous to said road, at the place aforesaid: Provided always, That no such dam or other fixture shall be so erected without the consent of the president and directors of said turnpike corporation: And provided further, That no such mill or other fixture shall be so constructed or placed as to obstruct the free and convenient passage of said road, or affect the right and privileges of any person or persons at or near said place.

CHAP. XXXV.

An ACT to authorise the Supervisors of the county of Steuben to raise Money by Tax for completing the fire-proof Clerk's Office. Passed February 12, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be the duty of the supervisors of the county of Steuben, at their annual meeting on the first Tuesday in October next, to levy and raise by tax on the freeholders and inhabitants of the said county, the sum of five hundred dollars, over and above the expenses of collecting the same, which amount may be drawn from the treasury of said county upon the order of the commissioners appointed in a former act, passed the 20th day of March last, for erecting a fireproof clerk's office; and the said commissioners shall account to the supervisors in the same manner as directed by the act for erecting the said building.

CHAP. XXXVI.

An ACT empowering the Board of Supervisors in the county of St. Lawrence to raise Nine Hundred Dollars for the purpose therein mentioned.

Passed February 12, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the board of supervisors for the county of St. Lawrence be and they are hereby empowered, at any annual meeting, to raise the sun of nine hundred dollars by a tax on said county, in the same way and manner as the other taxes are levied and raised for defraying the contingent expenses of said county, and that the same be paid into the treasury of said connty, which money shall be drawn out and expended by order or under the direction of the board of supervisors, or such person or persons as they shall appoint, for the purpose of erecting a fire-proof building for an office for the clerk of said county, at such place as they shall think proper in said county; and when such building shall be completed to the acceptance of the judges of the court of common picas of said county, or a majority of them, the records and papers belonging to the office of the clerk of said county shall thereafter be kept in said office, under the care and direction of the clerk of said county and his successors in office.

CHAP. XXXVII.

An ACT authorising Phineas Bennet to erect a Dam across the
Susquehannah river, in the town of Unadilla.

Passed February 12, 1813.

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 Phineas Bennet and his heirs to erect and maintain a rolling dam across the Susquehannah river, adjoining the farm of Reuben Bennet, in the town of Unadilla, in the county of Otsego, not exceeding thirty inches high from the bottom of the river in the most shallow part thereof, the lower side from the ridge not less than twelve feet wide; and further, it shall be lawful for the said Phineas Bennet, his heirs and assigns, from and after the fifteenth day of June in each year, to set a plank or board on his said dam not more than one foot wide, to save the water, if he shall think it necessary, which said plank or board may remain so set up until the first day of March next thereafter in each year, and no longer; And provided nevertheless, That no obstructions shall be made to the passage of boats, rafts or arks in common rafting freshet with the same facility as at present; and should it be found expedient at any future time to improve the navigation of said river, the said Phineas Bennet shall permit such improve ment to be made by locks or otherwise: And provided also, That if the erection of said dam within the period hereby limited shall be found productive of inconveniences, either to the public or persons living in the vicinity thereof, the authority hereby granted to the said Phineas Bennet shall and may be revoked by the court of common pleas of the county wherein said dam is situate: And provided also, That the said Phineas Bennet shall make and keep in repair a good and sufficient lock through his said dam across said river for boats to pass through the said lock, to be made at such time and in such manner as shall be ordered and directed by the court of common pleas of the county of Otsego, and permit boats to pass up and down said race through said lock free of costs, any law, usage or custom to the contrary notwithstanding: Provided always, That this act shall be and remain in force during the term of ten years, and no longer.

CHAP. XXXVIII.

An ACT to divide the town of Thurman in the county of Washing

ton.

Passed February 12, 1813.

Warren

ed.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That from and after the first Town of Monday in April next, all that part of the town of Thurman, be- burgh erect ginning on the east side of the Hudson river, at the northwest corner of the town of Luzerne, thence eastwardly along the north line of the town of Luzerne until it strikes the west line of the town of Caldwell, thence northwardly along the said line to the Schroon river, thence up the said river following the centre

Town of Thurman changed to that of Athol.

Poor and

thereof to the south line of the town of Chester, thence westwardly along the south line of the town of Chester until it strikes the north branch of the Hudson river, thence down the said river to the place of beginning, shall be and is hereby erected into a separate town by the name of Warrenburgh; and the first town meeting shall be held at the house of Melinda Warren, in said town; and all the remaining part of the town of Thurman shall be and remain a separate town by the name of Athol; and the first town meeting shall be held at the house of Stephen Griffin, in said town of Athol.

II. and be it further enacted, That as soon as may be after the poor money. first Tuesday in May next, the supervisors and overseers of the poor of the said towns of Warrenburgh and Athol, on notice being first given by the said supervisors, shall meet together and divide the poor and money belonging to the town of Thurman previous to the division thereof, agreeable to the last tax list, and that each of the said towns shall thereafter respectively maintain their own poor.

III. And be it further enacted, That the annual town meetings in each of the said towns of Warrenburgh and Athol shall be held on the first Tuesday in April in each and every year thereafter.

CHAP XXIX.

An ACT relative to the Albany and Delaware Turnpike.

Passed February 12, 1813.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be lawful for the directors of the Albany and Delaware turnpike, instead of the toll gate nearest to the city of Albany which they are now authorized to erect by law, to erect an half toll gate on the bridge across the Norman's Kill on the said turnpike, or within one quarter of a mile south thereof; and that the distances mentioned in the acts relating to the said turnpike shall be computed from the said half toll gate westward.

II. And be it further enacted, That the time for finishing the said turnpike shall, as to the first eight miles thereof from the city, be prolonged for the period of seven years from the passing of this act.

CHAP. XL.

An ACT relative to the Flushing and Newtown Bridge and Road
Company.

Passed February 17, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the proviso contained in the seventh section of the act, entitled " an act for building a bridge over Flushing creek, and constructing a road and establishing a turnpike between Flushing and Newtown, in the county of Queens," be and the same is hereby repealed.