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to be fjed.

drawn immediately before the ticket or tickets respectively bearing his or her name ; and the said children of the said Edmund C. Genet shall be and become seised in fee, as tenants in common, of all and singular the lots of land marked or expressed in the ticket or tickets drawn immediately before the ticket or tickets marked, “ children of Cornelia T. Ge. net," free and discharged of and from all claim, title or demand whatsoever of the said George W. Clinton, Elizabeth Talmadge and Maria Beekman, or either of them, or the heirs or assigns

of either of them. Proceedings Vi. Be it further enacted, That the said commissioners, or miles Cobere any two of them, shall make and set down in writing all the pro

ceedings respecting the said balloting and partition, one copy whereof, certified under the hands of the said commissioners, or any two of them, and under the hands of the judge or judges present at such division, shall be filed in the said secretary's office, and a copy of so much of the said proceedings as shall relate to the lands contained in each of the before mentioned surveys, certified as aforesaid, under the hands of the said commissioners, or any two of them, and under the hand or hands of the judge or judges present at the division of the said lands contained in the said survey, shall be filed in the office of the clerk of each of the counties in which any part of the land contained in the said survey shall be situated, any of which said certified proceedings, or an attested office copy thereof, shall for ever thereafter be good evidence of such partitions.

VII. Be it further enacted, That the expenses of the said the partition division shall be borne and paid by the several persons inter

ested in the said tracts of land in the following proportions, that is to say, one fourth part thereof by the said George W. Clinton, another fourth part thereof by the said Matthias B. Talmadge, as husband of the said Elizabeth, another fourth part thereof by the said Stephen D. Beekman, as husband of the said Maria, and another fourth part thereof by the children of the said Cornelia T. and Edmund C. Genet, to be equally divided among them, and to be paid out of their respective estates by their guardian the said Edmund C. Genet.

VID. And be it further enacted, That all such conveyances Conveyances agreeable to or releases as shall be made in pursuance of and conformably

be to the provisions of this act, shall be to all intents and purposes

binding and obligatory on the heirs of the said George Clinton, and as valid and effectual in the law as if the heirs of the said George Clinton were all of full age and unmarried, and parties to such conveyances or release.

Expenses of

how to be paid.

this act to be valid.

CHAP. LX.
An ACT for the Relief of the Commissioners for Loaning Money

in the county of Greene.

Passed March 12, 1815. WHEREAS Amos Eaton mortgaged a certain tract of land to the commissioners for loaning money in the county of Greene, to secure the payment of seventy-five dollars, pursuant to the act in such case made and provided : And whereas Joseph Al

len, junior, who derived his title from the said Amos, also mortgaged a certain piece of land as aforesaid to secure the sum of sixty dollars to him loaned as aforesaid by the commissioners aforesaid : And whereas the said Amos has been convicted of forging a release of the said pieces of land mortgaged as aforesaid by himself and the said Joseph : And whereas the said Amos and Joseph are insolvent,

BE it enacted by the people of the state of New York, represented in Senate and Assembly, That the treasurer of this state be and he is hereby authorised and required to credit and to give receipts to the commissioners for loaning money in the said county of Greene for the interest which is or which may become due hereafter on the said mortgages of the said Amos Eaton and Joseph Allen, junior : Provided, That the said commissioners shall not by this act be released from the payment of principal and interest of the said sums of money for which the said mortgages were given, if the same shall or can be hereafter collected ; Provided also, That nothing in this act shall discharge the said Amos and Joseph from their said mortgages.

CHAP. LXI.
An ACT to enable the President, Directors and Company of

the Bank of Troy to discount at their Office of Deposit in
the Village of Waterford.

. Passed March 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 the president and directors of the bank of Troy to discount at their office of deposit in the village of Waterford, in the county of Saratoga, whenever the same shall be there established in pursuance of the directions of the act incorporating said company, upon the same terms and in the same manner as shall be practised at said bank, any thing in the said act of incorporation to the contrary notwithstanding.

| CHAP. LAI. An ACT authorising Henry Kennedy and Matthew Nealy to

crect a Dam across the Cohocton Creek, in the county of Steuben, and for other purposes.

Passed March 12, 1813. I. BE it enacted by the people of the state of New-York, rep. A damn of 2 resented in Senate and Assembly, That Henry Kennedy and high may be

erected. Matthew Nealy are hereby authorised to erect a dam across er the Cohocton creek, about four miles above the village of Bath, and near the bridge on the Canesteo road, for the use of their mills, which said dam when so erected shall not exceed two feět six inches in height; and that the said Kennedy and Nealy shall construct in the said dam an apron or lock of such di. mensions as will at all times render the passage safc and easy for arks, rafts, and all kinds of boats common on said river

of repair.

Proviso.

during the continuance of the said dam : Provided, That by erecting the said dam the said Kennedy and Nealy, and all subsequent proprietors or occupants under them, shall not divert from its natural course so much of the water when it shall be low as to impede or retard the progress of Joseph Ins

lee's mill, situate below the aforesaid dam. Penalty for

II. And be it further enacted, That if at any time during the letting the lock get out continuance of the aforesaid dam the lock or apron shall be out

of repair, and thereby impassable for arks, rafts and boats common in said creek or river, then and in such case the fore. going section and its several provisions shall be absolutely void.

III. And be it further enacted, That Ancell M.Call be, and acinore he is hereby authorised to continue a dam across the Tioga a dam across

river, at or near the chimney narrows, in the town of Painted Post, in the county of Steuben, for the purpose of conveying water to his mills : Provided, The said dam shall not be built more than one foot high in the channel of the river: ind provided further, That the owner of said dam at all times here. after shall keep in repair a safe and easy passage for all boats, arks, and rafts common on said river; and whenever the said owner or owners shall neglect so to keep in repair such pass. age, this section shall with all its provisions become void.

A. M'Call

the Tioga siver.

CHAP. LXIII.
An ACT concerning the Conveyance of Real Estate in this

State for the Security and Benefit of the School Fund of Con.
necticut.

Passed March 12, 1813. WHEREAS it is represented to this legislature, that the state of Connecticut have by a permanent appropriation constituted a fund for the support of free schools, and that sundry citizens of this state have become debtors to said fund ; and that for the accommodation of said citizens, as well as the security of said fund, it has been found convenient to make conveyances of real estate in this state to the said state of Connecticut, or the trustee of said state, for the use and benefit of said school fund ; and it appearing to this legislature that the establishment of said school fund is for a useful and benevolent purpose, and will be of great public benefit: Therefore,

BE it enacted by the people of the state of New York, represented in Senate and Assembly, That the consent of this state be and the same is hereby given to all conveyances of real estate in this state which have been made to the state of Connecticut, or a trustee of said state, for the security, protection and benefit of said school fund, and the same shall be as valid in law to all intents and purposes as if such conveyance had been made to a citizen of this state; and such real estate may be transferred by said state of Connecticut in the same manner as is provided by the laws of this state : Provided, That no Jease or other conveyance reserving rent shall be made fora longer term than ten years, nor shall any mortgage or other security on land, be taken, the last payment of which shall not fall due within ten years from the passing of this act.

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CHAP. LXIV.
An ACT 10 incorporate the Stockholders of the Ontario Bank.

Passed March 12, 1813. WHEREAS Nathaniel Gorham, Phineas P. Bates, Moses Preamble. Atwater, Nathaniel W. Howell, Oliver L. Phelps, and others, associated as a company under the style of the Ontario bank, by their petition preferred to the legislature have prayed for the privilege of being incorporated as a company and body corporate : Therefore, I. BE it enacted by the people of the state of New-York, repre- com

Compary in sented in Senate and Assembly, That all such persons as shall corporated. be stockholders of the said bank, shall be and hereby are ordained, constituted and declared to be from time to time, and until the first Monday of June, which will be in the year of our Lord one thousand eight hundred and thirty-three, a body corporate and politic in fact and in name, by the name of “ The Their style, President, Directors and Company of the Ontario Bank,” and &c. by that name they and their successors, until that day may and shall have succession, and shall be in law persons capable of suing and being 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 seal, and may change and alter the same at their pleasure; and also, that they and their successors, by the aforesaid name of incorporation, shall be in law capable of purchasing, holding and conveying any estate real or personal, for the use of the said corporation : Provided, Proviso. That the real estate which it shall be lawful for the said corporation to hold shall be only such as shall be requisite for its immediate accommodation in relation to the convenient transaction of its business, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts : And provided further, That the bank shall Further pro. be established in the village of Canandaigua, and that its operations of discount and deposit shall be carried on in the said village of Canandaigua, and not elsewhere : And further, That the said corporation shall not directly or indirectly deal or trade in buying or selling any goods, wares, merchandizes or commodities whatsoever, or in buying or selling any stock created under any act of the United States or any particular state, unless in selling the same when truly pledged by way of security for debts due to the said corporation.

11. And be it further enacted, That the capital stock of the said corporation shall not exceed five hundred thousand dol- to exceed lars, and that a share in the said stock shall be fifty dollars ; curso and it shall be the duty of the president and directors to advertise in each of the public newspapers, printed in the villages of Canandaigua and Geneva, at least six weeks previous to the opening the books, giving particulars of the time and place where and when the books shall be opened, and they shall be kept open for subscribers at least two days in each week for

H

Viso,

Capital not

500,000 dol. Proviso.

one month after the subscription shall be so opened, and at
least six hours in each day; and that each person so subscrib-
ing, shall pay at least two dollars and fifty cents on each share
he shall so subscribe for, otherwise it shall not be considered
à subscription; and if at the expiration of the said one month
there should be more shares subscribed for than the whole
amount of the capital stock of said bank on which the two dol-
lars and fifty cents on each share has been paid, then it shall be
the duty of the president and directors to apportion to each sub.
scriber the same proportion that his subscription shall bear
to the whole amount he subscribed as will make the amount of
the capital stock : Provided, No person shall have apportion-
ed to him more than one hundred shares; and that any per.
son not signing more than five, shall have the whole number
of shares allowed him in case there shall be a sufficient number
of shares to allow five shares to each subscriber; and in case
there shall be less than five shares to each subscriber, then it
shall be lawful to divide the shares amongst the subscribers as
nearly equal as possible, and that the president and directors
shall have power, in case they suspect any person to have sub-
scribed in trust for another, to examine him or any other per-
son on oath, touching the same, and in case they shall be satis-
fied that such person or persons do not intend to be a stock.
holder in his or their own right, or in case he or they refuse to
be examined on oath relative thereto, then it shall be lawful
for the said president and directors not to allow him, her or
them, any share or shares : and in case the whole of the stock
shall not be taken up within the said month, then it shall be
lawful for the said president and directors to allow any person
to subscribe such number of shares as they may deem proper,
until the whole number of shares of the capital stock shall be
subscribed.

III. And be it further enacted, That the said president and Oath of the president and directors, before they enter on the duties of their office, shall directors.

each take and subscribe the following oath before one of the judges of the court of common pleas of the county of Ontario :

1-: .. do solemnly and sincerely promise and swear, that I will well and truly, and according to the best of my ability, execute the duties of a director in apportioning the stock of the said company, without sraud, fear, favor or partiality, and that I . will not apportion any shares to any person who I know has sub. scribed for any other person or persons, and does not intend to be a bona fide stockholder," which oath shall be filed in the clerk's office of said county, and the apportionment made by the said president and directors taking the oath aforesaid, shall be

final and conclusive. Directors IV. And be it further enacted, That the stock, property, af.

fairs and concerns of the said corporation shall be managed and conducted by eleven directors, to be appointed and chosen in manner hereafter mentioned, who shall be stockholders and citizens of this state, and shall hold their offices for one year, and

until others shall be chosen in their places; the election for Elections how to be directors shall be held on the first Monday of June in each year, made.

at such time of day and at such place within the village of Ca. nandaigua, as a majority of the directors shall appoint, and pub

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