pany to do previous to the expiration of their act of incorporation.

tees.

II. And be it further enacted, That the said trustees shall not Responsibil be responsible in their own persons or estates, for any loss that ity of trus may arise from the fraud or neglect of any agents or attornies that may be employed by them in the concerns of the said company, nor for the acts of each other, but that each one shall be liable for acts of fraud or gross negligence committed by himself, and no further.

III. And be it further enacted, That the said trustees, or such Their cam. of them as shall assume upon themselves the active management pensation. of the affairs of the said company, shall be allowed to deduct and retain out of any monies in their hands, a reasonable compensation for their trouble and services, over and above disbursements on account of the said company, to attornies or agents, or otherwise however.

[Note. This corporation was created March 16, 1802-Sess. 25. ch. 40.—Its duration was limited to March 1, 1814.-The charter was amended in some respects March 14, 1806-Sess. 29. ch. 51.-W. v. 4. 377-The corporation thought proper to become dissolved by its own limitation.-By the act of April 9, 1811-V. N & W. v. 1. 248, provision is made for the creditors of corporations, on their dissolution, but that act is silent as to the compensation of the trustees, and indeed the corporation in question adopted a different course from the one there pointed out, viz: It appointed trustees for the express purpose of closing the concerns, whereas by the act of April 9, 1811, the president and directors would have been the trustees ex of ficio.]

CHAP. CXVI.

An ACT relative to the duty upon Goods sold by Auctioneers,

Passed April 13, 1814.

at auction.

I. BE it enacted by the People of the state of New-York, repre- Duty impos; sented in Senate and Assembly, That all goods, wares, mer- ed on sales chandize and effects whatsoever, made subject to the payment of a duty by the act, entitled" an act to regulate sales by public auction and to prevent stock-jobbing," passed 6th April, 1813, shall be and hereby is made subject to the payment of a duty of one dollar and fifty cents, and no more, for every hundred dollars, for which the same shall be sold, and at and after the same rate for a greater or less number, any thing in the said reeited act to the contrary notwithstanding; and in all other respects the said recited act and all the provisions thereof, shall operate the same as if the duty herein fixed had been the duty fixed in the said recited act.

[Note. By the act of April 6, 1813-V. N. & W. v. 1. 181-certain goods were subject to a duty of 2 per cent.-This act places all descriptions of merchandize of the same footing.]

1250 dollars to be paid

Proviso.

CHAP. CXVII.

An ACT to enable the inhabitants of several towns in the counties of Delaware and Chenango, to make and repair certain roads, and for other purposes.

Passed April 13, 1814.

I. BE it enacted by the People of the State of New-York, reprefor making a sented in Senate and Assembly, That the treasurer, on the warrant certain road. of the comptroller, shall pay to William Butler, Samuel Butler, and Peter Betts, twelve hundred and fifty dollars, to be expended in making and repairing a road from the village of Deposit, on the Delaware river, to the village of Bettsburgh, in the town of Jericho, on the Susquehannah river: Provided however, That no warrant shall be drawn by the comptroller on the treasurer for the above purpose, until at least an equal sum shall have been subscribed by individuals, and actually paid or secured to be paid to the above named William Butler, Samuel Butler and Peter Betts, to their satisfaction and for the purposes aforesaid : And provided. further, That before entering upon the duties hereby entrusted to them, the said William Butler, Samuel Butler and Peter Betts, shall take and subscribe an oath, faithfully to discharge the trust hereby reposed for the public good, according to the best of their judgment and abilities, without any fear, favor, affection or partiality; which oath so taken and subscribed, shall be filed and lodged in the office of the town-clerk in and for the town of Tompkins.

Further proviso.

500 dollars to be paid for making a

road.

Proviso.

II. And be it further enacted, That the treasurer, on the warrant of the comptroller, shall pay to William Townsend, Benjacertain other min Cannon and Abraham Ogden, the sum of five hundred dol lars, to be expended in making, improving and repairing a road from the farm of John Pine, in the town of Walton, to the farm or dwelling house of Erastus Booth, in the town of Tompkins : Provided however, That no warrant shall be drawn by the comptroller for the purpose aforesaid, until an equal sum at least shall be subscribed by individuals and actually paid or secured to be paid to the above named William Townsend, Benjamin Cannon and Abraham Ogden, to their satisfaction, and for the purposes aforesaid: And provided further, That before entering upon the duties hereby entrusted to them the said William Townsend, Benjamin Cannon and Abraham Ogden, shall take and subscribe an oath, faithfully to discharge the trust hereby reposed for the public good, according to the best of their judgment and abilities, without any fear, favor, affection or partiality, which oath so taken and subscribed, shall be filed and lodged in the office of the town-clerk in and for the town of Walton.

Further proviso.

Compensa. tion to com.

III. And be it further enacted, That the above named Wilmissioners. liam Butler, Samuel Butler and Peter Betts, shall each receive out of any monies that shall come into their hands, two dollars for each day they shall be actually employed in working or superintending the working of said road, between the villages of Deposit and Bettsburgh, and the like sum of two dollars each

shall be allowed to William Townsend, Benjamin Cannon and Abraham Ogden, out of any monies that shall come into their hands under this act, for each day they shall be actually employed in working or superintending the working of said road between the farm of John Pine, in Walton, and the farm or dwelling house of Erastus Booth, in the town of Tompkins.

with the

IV. And be it further enacted, That the above named persons, To account after having received the monies hereby granted, shall account comptroller. with the comptroller, between the first and tenth days of February, annually, until the objects of this act are fulfilled:

And whereas, It is represented that the town of Deerfield, in the county of Oneida, has many important and expensive bridges to maintain which are liable to be carried away or injured by freshets, and require immediate and constant repairs: Therefore,

Commis'rs.

of highways

supervisors

etc.

V. Be it further enacted, That it shall be the duty of the commissioners of highways in the town of Deerfield aforesaid, annu- in Deerfield ally to lay before the supervisors of the county of Oneida, an es- to report to timate of a sum of money to be raised in such town, not exceeding an estsmate, two hundred and fifty dollars in any one year, which sum contained in such estimate, the board of supervisors shall cause to be assessed, levied and collected in said town, in the same manner as other contingent charges are by law directed to be levied and collected, which sums when so collected, shall be paid over without delay by the collector of the said town to the town-clerk of the said town of Deerfield, there to remain as a fund until the same shall amount to one thousand dollars: Provided however, That Proviso. the fund thus raised shall at all times be subject to the order of the said commissioners,

tended for

VI. And be it further enacted, That the time limited by law for Time ex the completion of the Ithaca and Geneva turnpike road, shall be completing and is hereby extended until the first day of October, one thou- the Ithaca sand eight hundred and sixteen,

and Geneva turnpike.

[Note. The last section extends the time limited for completing the Ithaca and Geneva turnpike road.-This corporation was created March 19, 1810-Sess. 33. ch 69.-The other sections refer to roads of considerable importance to the state.]

CHAP. CXVIII.

An ACT further to extend the charter of the Fall-Hill Turnpike and Bridge Company.

Passed April 13, 1814.

Provise.

BE it enacted by the People of the state of New-York, represent- Charter ed in Senate and Assembly, That the charter of the said Fall-Hill extended. turnpike and bridge company, be and the same is hereby extended for the term of twenty years from and after the first day of June next: Provided nevertheless, That it shall and may be lawful for the supervisors of the county of Herkimer, at any time within one year from the said first day of June next, to purchase the bridge belonging to said company, for the use of the said county, and for the benefit of public travel; and that it shall be the duty of the said company, at the request of the said supervisors made within the time aforesaid, to sell and convey the same to the said

Kurther proviso.

supervisors and their successors in office, at such appraised value as shall be agreed on by any three respectable freeholders of said county, or a majority of them, one of whom shall be appointed by the said company, the other by the said supervisors, and the third by the two appraisers who shall have been so as aforesaid appointed, whose appraisement shall be conclusive, and the amount at which they shall appraise the same, shall be made payable to said company, the one equal half thereof within one year after the time of such appraisement, and the other equal half thereof within one year thereafter; and that upon such conveyance being made, the powers granted in and by the act to incorporate the Fall-Hill turnpike and bridge company, shall cease; And provided further, That during the existence of said charter, no toll shall be demanded or taken from any person or persons going to or returning from their farms with teams, going to or returning from mill, going to or returning from any funeral, or going to or returning from religious worship.

[Note-This corporation was created April 9, 1804.-The act and its amendments will be found in W. v. 3. 570-W. v. 4. 394-W. v. 6. 428.-Sess. 32. ch. 22— Bess. 36. ch. 282.]

Recital.

Further time granted.

Charter not

to be forfeit are in a cer.

ed for a fail

main case.

CHAP. CXIX.

An ACT to amend an act, entitled “an act to incorporate the Newburgh and Sullivan Turnpike Company.

Passed April 13, 1814.

WHEREAS the president, directors and company of the Newburgh and Sullivan turnpike road, have by their petition represented to the legislature that the time allowed them for completing said road is insufficient to effect their purposes, and have prayed the aid of the legislature in the premises: Therefore,

1. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That further time be granted to the president, directors and company of said road, by giving them until the first day of October, in the year one thousand eight hundred and eighteen, to complete the same.

II. And be it further enacted,That should the said president, directors and company be prevented from completing said road further than the road called the Older Minisink road, leading from Kings, ton to Minisink, by the time specified in the preceding section, for the want of funds only, the said charter in that case shall not be forfeited to the state, but remain in full force and virtue. [Note.-This corporation was created March 30, 1810.-Sess. 33. ch. 102-W. v. 6. 477.]

Recital.

CHAP. CXX.

An ACT instituting a Lottery for the promotion of Literature and for other purposes.

Passed April 13, 1814. WHEREAS well regulated seminaries of learning are of immense importance to every country, and tend especially, by the

diffusion of science and the promotion of morals, to defend and perpetuate the liberties of a free state: Therefore,

raised by lottery.

I. BE it enacted by the People of the state of New-York, repre- Monies to be sented in Senate and Assembly, That there shall be raised by lottery, in successive classes, a sum equal in amount to the several appropriations made by this act, together with the simple interest aceruing thereon, till the same shall be raised and paid by the managers appointed to superintend the same: Provided however, Proviso That this provision for the payment of interest shall not extend. to interest which may accrue on either of the provisions contained in this act for more than six years from the time of passing the

same.

II. And be it further enacted, That one hundred thousand dol- 100,000 dolls. appropriated lars be appropriated, to be paid out of the avails of the said lottery to Union in manner aforesaid, towards the completion of the edifices already College. commenced by the trustees of Union College, and for the erection of such other edifices as may by them be deemed requisite.

to said col

III. And be it further enacted, That thirty thousand dollars be 30.000 dolls. appropriated as aforesaid, for the purpose of paying a debt already lege to pay contracted by the said trustees.

off a debt,&c.

to said col

IV. And be it further enacted, That twenty thousand dollars be 20.000 dolls. appropriated as aforesaid, for the purpose of increasing the library, lege for liand also the philosophical and chemical apparatus belonging to brary, etc.

said institution.

V. And be it further enacted, That the sum of fifty thousand dollars be appropriated to augment the small charity fund heretofore granted by the Legislature of this state, the same to be invested by the trustees of Union College, and the avails thereof to remain for ever sacred to the relief of indigent students, while prosecuting their studies in said institution.

den granted

VI. And be it further enacted, That all the right, title and inte- Botanic gar rest of the people of this state in and to all that certain piece or to Columbia parcel of land, with the appurtenances, situate in the ninth ward college. of the city of New-York, known by the name of the Botanic Garden, and lately conveyed to the people of this state by David Hosack, with the appurtenances, be and the same is hereby granted to and vested in the trustees of Columbia College, in the city of New-York, their successors and assigns, but this grant is made upon the express condition, that the college establishment shall be removed to the said tract of land hereby granted, or to lands adjacent thereto, within twelve years from this time; and if the said establishment shall not be so removed within the time above limited, then and from thenceforth, this grant shall cease and be void, and the premises hereby granted shall thereupon revert to the people of this state.

Duty of trustees of

college in

VII. And be it further enacted, That the trustees of Columbia College shall, within three months from the time of the passage of Columbia this act, transmit to the trustees of each of the other colleges in this transmitting state, a list of the different kinds of plants, flowers and shrubs in to other col leges certain said garden; and within one year thereafter, the said trustees of lists of plants Columbia College, shall deliver at the said garden, if required, at least one healthy exotic flower, shrub or plant of each kind, of which they shall have more than one at the time of application, together with the jar or vessel containing the same, to the trus

etc.