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troller.

V. And be it further enacted, That the commissioners above To report annually to named shall annually, on the first day of January, make a detailthe comp.

ed report to the comptroller of this state, of the monies by them actually laid out and expended in and about the making and improving the aforesaid road, together with the nature of the im

provements made thereon. To make a

VI. And be it further enacted, That the above named comvertain state. missioners shall, on or before the first day of January, one thoument of monjes expend. sand eight hundred and sixteen, make a statement of the monies ed, and

paid by them to the commissioners appointed to lay out the great when

northern turnpike road aforesaid. Certain wa VII. And be it further enacted, That the waters of the Scroon ters declared a highway.

red river, from the place where it is crossed by the southernmost line

of township number forty-nine, in Totten and Crossfield's purchase, and from thence southwardly, and including the Scroon

lake, to the junction of said river with the west branch of the Penalty for Hudson river, is hereby declared to be a public highway; and if obstructions,

in any person shall obstruct or injure the navigation of the waters &c. therein.

or the passage over the same, with rasts, logs, timber or lumber, either by the erection of any dam or other works, or by falling or throwing into the same waters, any trees, logs, timber or other

material, every person so offending shall forfeit the sum of How to be twenty-five dollars, to be recovered by action of debt, with Idcovered.

costs, in any court having cognizance thereof, by and for the use Declared also of any person who will sue for the same, and shall also be deemed a misdemea

* guilty of a misdemeanor, and be punished accordingly by indictPraviso. ment: Provided always, That if any person who hath heretofore

me
erected any dam or other works upon the said waters, whereby
such obstructions as aforesaid is or shall be occasioned, he shall
not be liable to the penalties of this section, if he shall cut a suffi-
cient passage through his dam, or so alter or construct the same as
to remove the obstructions aforesaid.

nor.

[Note:The act referred to was passed April 2, 1813, sess. 36. ch. 95. By that act, $5000 were appropriated--this sum is now encreased to 10,000 dollars. Indeed the importance of the road in question, (its being the most direct route from Albany to Plattsburgh, and thence to Canada,) will not only be experienced by this state, but will be sensibly felt by the United States, during the war, in conveying troups, &c. to the territory of the enemy. It will also prove an useful auxiliary in the settlement of that important section of our counéry, and will encourage migrations thither. The country abounds in iron-ore, and the waters of Lake Champlain and its tributary streams, will aid the transportation to market of that valuable article. The shores of Schroon lake abound in pine timber--the seventh section, declaring the waters of that lake highways, frciliiates the transportation of timber down that lake into the Hudson river, and thence to Albany and New-York.]

CHAP. CLIX.

An ACT for the relief of Smith Cogswell,

Passed April 15, 1814. WHEREAS Smith Cogswell, of the city of Albany, by pelition, hath represented to the legislature, that he had erected and completed a factory for the manufacturing of arms in the town of

Rcoital.

[graphic]

secured.

Troy, which cost him a large sum of money, and that the build-
ing, with the machinery and fixtures, were destroyed by fire on
the eighth day of March last, and that he is unable to rebuild the
same without legislative aid : Therefore,
BE it enacted by the people of the State of New York, repre- 10

10,000 doll. sented in Senate and Assembly, That it shall be the duty of the to be luaned

to S. Cogs. comptroller to loan to the said Smith Cogswell, out of any mo- well. nies in the treasury not otherwise appropriated, the sum of ten thousand dollars, upon the said Smith Cogswell's securing by Ramment bond and mortgage upon real estate of double the value of the how to be said sum, to be approved of by the comptroller, the re-payment" thereof to the people of the state of New York, on or before the first day of May, in the year one thousand eight hundred and nineteen with interest at five per cent per annum, payable anpually from and after the expiration of one year from the passing of this act: Provided always, That the said Smith Cogswell shall, en before the payment to him of the said sum of money, give to the people of this state, in addition to the above, personal security to be approved of by the comptroller, for the appropriation of the said sum of money to the rebuilding and re-establishment of the said gun factory, according to the true intent and meaning of this act.

[Note.-Mr. Cogswell's enterprizing genius led him to form the first establishment for the manufactory of arms in this state. Its destruction loudly called for legislative interposition, and the legislature with a zeal worthy of the object, cheerfully authorized the loan, and thus rescued this infant establishment from an untimely exit.]

CHAP. CLX.

2500 dolls. to be raised by

An ACT to authorise the Supervisors of the County of Alle

gany to raise Money by tax to improve the Lake Erie Turnpike Road.

Passed April 15, 1814. I. 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 Allegany, at their annual meeting on tax. the first Tuesday in October next, to levy and raise by tax on the freeholders and inhabitants of the said county, the sum of one thousand two hundred and fifty dollars; and at their annual meeting on the first Tuesday of October, in the year of our Lord one thousand eight hundred and fifteen, the further sum of one thousand two hundred and fifty dollars, over and above the ordinary expenses of collecting the same; which several sums may be

To whom to drawn from the treasury of said county upon the order of Philip be paid, and Church, Clark Crandall and Stephen Major, who shall be and o

pose, hereby are appointed commissioners for laying out and expending the same on the Lake Erie turnpike road, commencing at the west line of the county of Steuben, and terminating at the village of Angelica, in the said county of Alleginy: Provided however, Proviso. That the president and directors of the said turnpike company

LAWS-S. 37.

for wbat pur.

24

nies.

shall permit the supervisors of the said county of Allegany, if they shall deem it expedient, to subscribe to the stock of said company, for the benefit of said county of Allegany, to the amount of the said several sums of money to be levied and raised

as aforesaid. Treasurer of II. And be it further enacted, That the treasurer of said county mas morrow of Allegany be, and he is hereby authorised to borrow the said certain mo several sums of money, to be repaid when the same shall be rais

ed as aforesaid. Comm'rs. to III. And be it further enacted, That previous to the paying of sive security, said money, the said commissioners shall give to the treasurer of

the said county of Allegany, sufficient security that they will faithfully expend said money, and account for the same to the supervisors of the said county of Allegany.

IV. And be it further enacted, That each of the commissioners appointed by this act shall be entitled to two dollars per day for each day they may be respectively and necessarily employed in the discharge of the duties imposed upon them by this act, to be audited and paid as contingent county charges.

Their com. pensation.

[Note.-Lake Erie turnpike company was incorporated March 28, 1805, W. v. 4, 78. Sess. 31. ch. 41. The road commences at Bath, and ends at Lake Erie, a distance of about 150 miles.]

CHAP. CLAI.

Recital.

AT ACT relative to the Lottery granted to the Board of
Health of the City of New-York.

Passed April 15, 1814. WHEREAS in and by the act, entitled “an act for the payment of certain officers of government, and for other purposes," passed April seventh, one thousand eight hundred and six, it was enacted, that it shall and may be lawful for the board of health of the city of New York to raise the sum of twenty-five thousand dollars by lottery, to be applied to the erection of such buildings as they shall deem necessary for the accommodation of persons sick with malignant disease: Provided, That no tickets shall be sold in the said lottery, until the tickets in the lotteries now authorised by law are disposed of: And whereas, In and by the act, entitled “an act for the payment of the officers of government, and for other purposes,” passed the eleventh day of April, ove thousand eight hundred and eight, the said board of health was authorised to raise the further sum of five thousand dollars for the benefit of the Orphan Assylum in the city of New York: And whereas, The said board of health have commenced the sale and disposition of tickets in the above mentioned lottery, and have advertised the scheme thereof, and made the necessary arrangements for drawing the said lottery, without performing the requisitions of the act, entitled “an act relative to the managers of lotteries,” passed April thirteenth, one thousand eight hundred

and thirteen, under a conviction that the provisions of the said
last mentioned act did not apply, nor were intended to apply, to
the above mentioned and granted lottery; and doubts having
been expressed on this subject by the comptroller of this state :
Therefore,
BE it enacted by the people of the State of New York, repre..

Board of sented in Senate and Assembly, That the board of health of the health of N. city of New York shall and may proceed in drawing the above York may mentioned lottery, and in raising the sums therein provided for, tain lottery

without ben and for the uses above mentioned, without being deemed subject ine subiect to the requisitions of the above mentioned act, entitled “ an act to a certain relative to the managers of lotteries,” and the provisions of the said act are hereby declared not to be applicable to the lottery above recited, to have been granted to the said board of health of the city of New York.

draw a cer

act,

[Note.—See Appendix.]

CHAP. CLXII.

An addition

An ACT providing for an additional seal in the court of

chancery, and for regulating certain fees of the sheriff of the county of Dutchess.

Passed April 15, 1814. I. BE it enacted by the people of the State of New-York, represented in in Senate and Assembly, That the chancellor may devise an ad- al seal for ditional seal for the court of chaucery, to be deposited in such ; convenient place in the middle district as he shall from time to time direct.

II. And be it further enacted, That the mileage fees allowed Mileage of by law to the sheriff of the county of Dutchess, for serving all sho writs and other process, shall, from and after the passing of this how comact, be computed from the house late of Timothy Beadle, deceag. puted ed, situate in the town of Clinton, in the said county.

the middle district.

sheriff of Dutchess

Note.-Till the passage of this law there were three seals of the court of chan. cery._V. N. & W. v. 1, 487,5 2.-The chancellor had deposited these seals at NewYork, Albany and Utica. The distance between Albany and New-York made it inconvenient for practitioners in the middle district to resort to either of those places for process.]

CHAP. CLXIII.
An ACT relative to the taxing of costs in the court of chancery.

Passed April 15, 1814. I. BE it enacted by the people of the State of New York, reprc- . scnted in Senate anl Assembly, That the chancellor shall, irim krizo time to time, by an order or rule of the court of chancery, de "geed.

Taring me

signate the masters of the said court to tax costs therein ; and that the masters so designated, shall, during the pleasure of the said court, have the exclusive taxation of costs therein.

II. And be it further enacted, That the twentieth section of the act, entitled “ an act concerning the court of chancery,” be and the same is hereby repealed.

A certain section repealed.

[Note.-By the 20th section of the act referred to in the 2d section of this act the right to designate taxing masters was limited to the 18th June, 1814.-V. N. & W. v. 1, 493.-This authority was so given in a limited manner to the former chancellor, (Lansing) but under the present chancellor, Kent, the limitation is removed.]

CHAP. CLIP.

Recital.

An ACT to amend an act, entitled an act to incorporale the
Newburgh and Plattekill turnpike company."

Passed April 15, 1814. WHEREAS the president and directors of the Newburgh and Plattekill turnpike company have represented to the legislature, that a mistake has been made in their act of incorporation, in fising the site of one of the gates on the said road; To remedy which,

BE it enacted by the People of the State of New-York, repre. ft sented in Senate and Assembly, That it shall and may be lawful

for the president and directors of the Newburgh and Plattekill turnpike company, and they are hereby authorised, to piace a gate for the collection of toll on the said turnpike road, at or near the dwelling-house of William Wilson, in the town of Newburgh, any thing in the fifth section of the act hereby amended, to the contrary notwithstanding.

A gate may be erected at

a certain

place.

[Note-This company was originally incorporated April 5, 1810, sess. 33, ch. 162. Another act was passed June 12, 1812, W. v. 6, 477.]

CHAP. CLxv.

to be raised

An ACT to enable the mayor, recorder and aldermen, of the city of New York, to raise money by tur.

Passed April 15, 1814. I. BE it enacted by the People of the State of New-York, re201,000 dolls. presented in Senate and Assembly, That the mayor, recorder and by tax in N. aldermen, of the city of New York, as the supervisors of the said York forcer city and county of New York, or a majority of them, of whom the tain purpo

mayor or recorder shall be one, shall be and hereby are empowered, as soon as conveniently may be, after the passing of this act, to order and cause to be raised by tax, on the estates real and personal of the freeholders and inhabitants of, and situate within the said city, and to be collected, a sum not exceeding one hundred and one thousand dollars, to be applied to the sup

ses.

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