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deem proper, not exceeding in the whole two hundred acres, he the said James Furman paying therefor at and after the rate at which the said lot or lots have been or shall be appraised by the surveyor general of this state, one eighth part of the said consideration money to the treasurer of this state before granting the said letters patent, and within six months after the passing of this act, and executing his bond and mortgage on the said lands to the comptroller of this state or to the people thereof, for the residue of the said consideration money, payable in eight equal annual instalments, with interest at the rate of six per centum annually: Provided always, That no part of the tract of about four hundred acres of the last purchase of the christian party of the Oneida Indians and adjoining the lands belonging to the pagan party, shall be granted as aforesaid.
CHAP. XLIX. An ACT extending to Samuel Sidney Breese the privilege of erecting a Dam across the Skenando creek, in Oneida county.
Passed March 12, 1813. WHEREAS Samuel Sidney Breese owns a lot of land on the Skenando creek, in the county of Oneida ; and whereas the christian part of the Oneida Indians own and are in posses. sion of the land on the opposite bank, and he the said Samuel Sidney Breese being desirous of erecting factories on his said lands: Therefore,
I. BE it enacted by the people of the state of New York, re. presented in Senate and Assembly, That the said Samuel Sidney Breese, bis heirs or assigns, shall and may have the privilege of erecting a dam across said creek at such place as he may see proper, by and with the approbation of a majority of the christian part of the Oneida Indians, but not otherwise.
II. And be it further enacted, That when the state shall purchase said land of the said Indians, the said Samuel Sidney Breese, his heirs or assigns, shall and may have the right of purchasing the land necessary for the purposes aforesaid, not exceeding ten acres, he paying therefor such price as the sur. veyor-general may require of him when he sells other land in the same neighborhood, considering the land so used for the purposes aforesaid as in an unimproved state.
- Passed March 12, 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 county of Washington lying west of a line beginning at the southeast corner of the town of Queensbury, in said county ; thence north along the said east line of Queensbury to the wa
Cour ty of warren erected,
ters of Lake George, thence northerly along the west line of the towns of Fort Ann and Putnam to the south line of the county of Essex, shall be and is hereby erected into a separate county by the name of Warren.
II. And be it further enacted, That there shall be holden in Courts when and for the said county of Warren a court of common pleas and to be held. general sessions of the peace, and that there shall be three terms of the said courts in the said county in every year, to commence as follows: the first term of the said court of common pleas and general sessions of the peace shall be holden on the second Tuesday of September next, and may continue until the Saturday following inclusive ; and the second term of the said court shall commence on the third Tuesday of January next, and may continue to be holden until the Saturday fol. lowing inclusive; and the third term of the said courts shall commence on the second Tuesday of May thereafter, and may continue to be holden until the Saturday following inclusive ; and the said courts of common pleas and general sessions of the peace shall have the like jurisdiction, power and authority in the said county of Warren as the courts of common pleas and general sessions of the peace in the other counties of this state have in their respective counties: Provided, That all suits now pending in the court of common pleas and general sessions of the peace in the county of Washington, may be prosecuted to trial, judgment and execution as if this act had not passed. III. And be it further enacted, That the said courts of com- Courts where
be held, mon pleas and general sessions of the peace shall be holden in and for the said county of Warren, at the Lake George coffee house, in the town of Caldwell, until further provision shall be made by law. IV. And be it further enacted, That it shall and may be law- Prisoners
where to be ful for all courts and officers of the said county of Warren, in
confined, all cases civil and criminal, to confine their prisoners in the gaol of the county of Washington until such time as they may have a gaol built and finished fit to receive such prisoners and criminals in the said county of Warren. V. And be it further enacted, That it shall not be the duty Circuits,
how to be of the justices of the supreme court to hold a circuit once in regulated. every year in the said county of Warren, unless in their judg. ment they shall deem it necessary, any thing in the act entitled “ an act for regulating trials of issues and returning able and sufficient jurors,” to the contrary notwithstanding.
Members VI. And be it further enacted, That the said counties of
of affernbly Washington and Warren shall continue to elect five members how to be
chofen, of assembly until the legislature shall otherwise direct; and the inspectors of elections in the several towns in the county of Warren shall return the votes taken at any election for governor, senators and members of assembly, and representatives in congress, to the clerk of the county of Washington, to be by him estimated and returned as if this act had not been passed.
VII. And be it further enacted, That the said county of War. ren shall be considered as part of the eastern district of this state, and also a part of the twelfth congressional district.
Passed March 12, 1813. WHEREAS Abraham G. Lansing, Jellis Winne, junior, Isaiah Townsend and Gerrit Y. Lansing, in behalf of themselves and their associates, members of the late Albany steamboat company, have, by their petition represented to the legislature that they have become entitled by assignment from Robert R. Livingston and Robert Fulton, to the exclusive right of navigating steam-boats on the waters of Lake Champlain, for ail the terms granted to them by several acts of the legislature of this state, and the several patents issued under the laws of the United States to the said Robert R. Livingston and Robert Fulton and John Stevens, as by the said assignment duly recorded in the office of the secretary of this state, doth fully appear, and have signified their intention of building one or more steam-boats, to be navigated on said lake, as soon as the situation of public affairs will admit thereof, and have prayed to be incorporated, to enablc them more effectu. ally and with greater facility to manage and conduct the affairs and concerns of said company; and it appearing reasonable that the prayer of said petition should be granted : Therefore,
I. BE it enacted by the people of the state of New York, A. G. Lan
Din represented in Senate and Assembly, That the said Abraham G. sing and oth- csenb ers incorpor. Lansing, Jellis Winne, junior, Isaiah Townsend and Gerrit Y.
Lansing, and such persons as have or shall be associated with them for the purpose of navigating steam-boats on the waters of Lake Champlain, and their successors and assigns, until the eleventh day of April, which will be in the year of our Lord one thousand eight hundred and thirty-eight, be and hereby are ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name of “ The Lake Champlain Steam-Boat Company ;” and by that name they and their successors, until the said eleventh day of April, one thousand eight hundred and thirty-eight, shall and may have succession, and shall be persons in law capable of suing and be. ing sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may have a common scal, and may change and alter the same at their pleasure; and that they and their successors, by the name of “ The Lake Champlain Steam-Boat Company," shall in law be capable of purchasing and holding any lands, tenements, hereditaments, or real or personal estate whatsoever, necessary for the objects of this incorporation.
II. And be it further enacted, That the capital stock of the Stock
said company shall not exceed one hundred thousand dollars, to be divided into five hundred and forty equal shares; that the persons now holding shares in the said company shall be enti. tled to subscribe at and after the rate of eighteen shares of the stock created under this act, for one share (or as near as may be in the same proportion for any part of a share) which he or
they may hold at the time of passing this act, on cach of which said new shares there shall be deemed to have been paid the sum of one hundred dollars, and each such new share shall be subject to the further call of eighty-five dollars, eighteen and a half cents; that the stock of the said company shall be deemed personal estate, and that nothing herein contained shall authorise or empower the said company to carry on banking business, or to use or employ their funds or any part thereof, or to permit the same to be used or employed in the purchase of stock of any bank in the United States, or any other public stock, for any purpose or in any manner whatsoever, not herein expressly authorised.
III. And be it further enactell, That for the better carry- Director ing into execution the objects of the said company, there shall be five directors, who shall hold their office for one year from the passing of this act, or until others shall be elected in their stead ; that the first directors shall be Abraham G. Lansing, Jellis Winne, junior, Isaiah Townsend, Gerrit Y. Lansing and Joseph slexander, out of which number the said directors at their first meeting shall appoint their president; that the elec- Elections tions for directors be held at the city of Albany, at such times but con and in such manner as shall be designated by the by-laws of the said company, and that public notice of the time and place of holding, said election be given in one of the public papers printed in thc said city, at least ten days previous thereto, at which election each stockholder shall be entitled to one vote for every share le may bold in the stock of the said company; and it shall be lawful for the directors of the said company to call and demand of the stockholder's respectively, all such sums of money on the shares which they may respectively hold, to the amount of eighty-five dollars eighteen and a half cents on each share, at such times and in such proportions as the said directors shall deem proper, under pain of forfeiture of their shares and of all the previous payments thereon to the said company, always however giving at least thirty days previous notice of such call and demand in one of the public newspapers printed in the city of Albany,
IV. And be it futher enacted, That a majority of the majority of directors for the time being shall form a board or quorum for directors to transacting all the affairs and business of the said company, and laws. shall have power to make and prescribe such by-laws and regulations, (not repugnant to the constitution or laws of the United States or of this state) as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said company, the duties, conduct and compensation of the masters, commanders, engineers, mariners, servants, and workmen employed by the said company, and all such other matters as shall appertain to the concerns of the said company.
V. And be it further enacted, That no transfer of stock Transfers shall be valid or effectual until such transfer shall be entered how made. or registered in the book or books to be kept by the directors for that purpose. VI. And be il further enacted, That this act shall be to all in. This a pub.
construed lic act. tents and purposes considered as a public act, and be construcd"
and considered in all courts and places, benignly and favorably, for every beneficial purpose therein mentioned and contained.
CHAP. LII. An ACT supplementary to the act entitled “an act for the E3tablishment of Common Schools.”
Passed March 12, 1813. WHEREAS the provisions contained in the act for the establishment of common schools do not extend to the city and county of New York : Therefore,
I. BE it enacted by the people of the state of New York, Cirv of N. represented in Senate and Assembly, That out of the school monYork entitled ey which shall from time to time be distributed amongst the seve. to a propor tion of the ral counties of this state, the city and county of New York shall school fund.
be entitled to its proportion according to the population thereof, as the same shall from time to time be ascertained by the latest census of the United States, and which said proportion shall be paid to the chamberlain of the said city of New-York in the same manner and at the same times as the proportions of the seve. ral other counties are directed to be paid in and by the act for the establishment of common schools ; and it shall be the duty of the said chamberlain to receive and hold the same, subject to the orders of the commissioners of the school money herein after mentioned.
II. And be it further enacted, That whenever the clerk of the al som to be city and county of New York shall receive the notice which the raised by tax in said city. superintendent of common schools is by the fifth section of the
said act required to give to the several county clerks, he shall lay the same before the mayor, recorder and aldermen of the said city at their next meeting thereafter ; and the said mayor, recorder and aldermen are hereby authorised, empowered and required to raise and collect by tax on the inhabitants of the said city, a sum equal to the amount which shall be apportioned to said city and county, in the same manner as in and by the fifth section of the said act the board of supervisors within the several counties of this state is directed and empowered to do ; and the collector or collectors, in his or their respective warrants, shall be directed to pay the same, when collected, to the chamberiain, reserving his or their fees, and take a receipt therefor, which receipt shall be a sufficient voucher of having paid the same as aforesaid.
III. And be it further enacted, That the mayor, aldermen and toi coinmonaity of the city of New York, in common council con. appoint
vened, shall appoint five of the inhabitants of the said city combool coin mis'rs. missioners of school money, who, before they enter upon the
duties of their oflice, shall respectively take an oath or affirma. vion, diligently and faithfully to execute their trust, which said commissioners shall hold their office for the term of one year, unless sooner vacated by death or removal out of the said city, and shall be liable to the penalties mentioned in the tenth section of the said act, for refusal or neglect of duty.
IV. and be it further enacted, That the commissioners
Cominon council toi