be worked.

shall be laid out and established agreeably to the preceding sections Road how to of this act, it shall be lawful for the inhabitants of the several towns through which the same shall pass, to work upon and improve said road, in like manner as if the same had been laid out by the commissioners of highways of the said several towns.

CHAP. CXCII.

An ACT authorising the Commissioners of public Highways in the town of Hillsdale, to lay out Roads less than four rods wide. Passed April 14, 1815.

Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall hereafter be lawful for the commissioners of highways of the town of Hillsdale, to lay out public highways within the said town, of a width not less than two, nor more than four rods wide, any law to the contrary notwithstanding.

CHAP. CXCIII.

An ACT authorising the supervisors of the county of Cortland to lease lot number eighty-five, in the town of Homer.

Passed April 14, 1815.

WHEREAS the supervisors of the county of Cortland, have by their petition, presented to the legislature, requested that a law might Preamble. be passed, granting to them the right of leasing lot number eightyfive, in the town of Homer, in said county, for the period of twelve years, and to apply the rents and profits thereof to the support of common schools in said county; and whereas, by an act passed April 13th, 1813, entitled "An act to authorise the sale of lands appropriated for the promotion of literature," it is among other things enacted that said lot number eighty-five, in the town of Homer, be appropriated to the support of academies in said county, in such manner as the legislature shall hereafter direct; and whereas there are not at this time any academies in the said county, for whose benefit the proceeds and profits of said lot can be applied: Therefore, I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be law- Homer, to be ful for the supervisors of the county of Cortland, to meet on the first Tuesday in May next, at the court-house in said county, and when so convened, they are hereby authorised and required to cause said lot number eighty-five to be surveyed and divided into such and so many small lots, as to them shall appear discreet and proper, keeping in view the future interest and value of said lot; and to lease the same, being so divided and surveyed, by written indenture of lease or leases, under their or a majority of their hands and seals, and upon such terms, and for such period of time, (not exceeding twelve years) as they in their discretion shall deem fit and

Lot no. 85 in

subdivided

and leased.

Proviso.

Monies to be

surer.

proper And further, to cause counterparts of the said lease or leases, when so executed under their, or a majority of their hands and seals, and under the hands and seals of the person or persons to whom the said lot or lots are so leased as aforesaid, to be filed in the office of the treasurer of the county of Cortland, to be by him kept among the county papers of the said county: Provided nevertheless, That if an academy shall be incorporated within the said county of Cortland, before the expiration of the leases which may be made by virtue of this act, then the rents reserved in the said leases shall thereafter belong to the trustees of said academy, and shall, when collected, be paid over by the supervisors of the said county, to the said trustees.

II. And be it further enacted, That the said lease or leases so paid to the made as aforesaid, shall be binding and effectual in the law, to all County trea- the intents and purposes of this act, upon the person or persons concerned or to be affected thereby; and the supervisors are hereby authorised and empowered, and it is made their duty, upon the payments of the sums of money becoming due on the said lease or leases, to demand, sue for, recover and receive the same, of and from the person or persons from whom the said sums of money shall be respectively due and owing; and when so received by the said supervisors, or by the treasurer of the said county, who is hereby authorised and empowered to receive the same, to pay the said sums of money into the county treasury of the said county of Cortland.

And appriat ed for the support of commen schools.

III. And be it further enacted, That upon the payment of the rents and profits of said lot of land, into the office of the said treasurer, he is hereby authorised and directed to pay over and distribute the same among the several towns of the county of Cortland, for the use of common schools in said towns, in the same manner, and according to the same rules and regulations as are prescribed by the act, entitled "An act for the establishment of common schools."

ded for com

road.

CHAP. CXCIV.

An ACT to amend an act, entitled “An act to incorporate the
Highland Turnpike Company."

Passed April 14, 1815.

I. Be it enacted by the people of the state of New-York, reTime exten presented in Senate and Assembly, That the time limited in and pleting the by the seventeenth section of the act hereby amended, for the completion of the road therein mentioned, shall be, and hereby is extended to the period of sixteen years, from and after the passing of the said act, any thing in the said seventeenth section to the contrary notwithstanding.

siding ear

II. And be it further enacted, That it shall and may be lawful Persons re- for each and every person residing upon the said turnpike road, in the read my any town intersected by such turnpike road, and liable to be aswork thereon sessed to work upon highways in such town, to elect to work either upon the said turnpike road, or upon the other roads and high

instead of

bigh ways.

ways in such town, upon which they are now liable to be assessed to work, and to notify such election to the commissioners of highways in such town, eight days before their annual meeting for assessing the inhabitants of such towns to work upon highways; and in every case in which any person or persons residing upon such turnpike road shall elect to work upon such road, it shall be the duty of the commissioners of highways to assess them accordingly, in like manner as the other inhabitants, and to deliver upon request such assessment in writing to the president and directors of the said company; and it shall and may be lawful for the said president and directors, from time to time, and as often as they may deem it necessary, at convenient and proper seasons, to warn all such persons so electing and residing on the said road, to come and work out on the said road their highways assessments; Provided nevertheless, and it is hereby enacted, That the profits aris- Próriso ing from the monies hereafter to be received for tolls upon the said road shall be appropriated by the said president and directors to the completing and finishing of the said road, before any dividend thereof be made amongst the stockholders of the said company: And provided also, That whenever the said stockholders (after completing the said road) shall be able to make any dividend upon their said stock, the inhabitants residing on said road shall again perform the labor which they may be assessed on their respective public highways, in the same manner as if this act had not been passed.

crossing Cro

ses, &e.

on a walk.

III. And be it further enacted, That it shall not be lawful for Penalty for any person or persons crossing Croton bridge, and riding any ton bridge horse or mule, or driving any carriage, team, cattle, horses or with hor mules, to travel faster than on a walk; and that any person or per- faster than sons who shall, in passing over said bridge, designedly or wilfully ride any horse or mule, or drive any carriage, team, cattle, horses or mules faster than on a walk, shall forfeit and pay a penalty of one dollar for each and every such offence, to be sued for and recovered by and in the name of the president and directors of the Highland turnpike company, in an action of trespass, in any court having cognizance of the same, which action shall in every instance be considered transitory in its nature: Provided the said president and directors shall cause a notice, lettered in large capital letters, of the above penalty, to be affixed at some public and conspicuous place at each end of the said bridge.

to be erected,

IV. And be it further enacted, That the said president and di- Guard fences rectors shall as soon as may be after the passing of this act, cause a good and sufficient guard fence to be erected upon said road, near the south bank of Croton river, and at every other place upon the said road where the same may be necessary.

Gates to be

V. And be it further enacted, That the said company shall not hereafter place or maintain on the said road, any gates at a less the end of distance than ten miles from each other.

W miles.

VI. And be it further enacted, That this act shall be, and the This is a pub same is hereby declared to be a public act.

lic act.

СНАР. СХСV.

An ACT declaring part of Flint Creek, in the County of Ontario, a Public Highway.

Passed April 14, 1815.

I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That all that part of Flint creek, in the county of Ontario, beginning at and immediately below the Description. bridge over the same, near the house of Enoch Bardwell, in the town of Middlesex, thence down the said creek to Edward Craft's milldam, (so called) in the town of Gorham, thence through a canal to be cut or dug around the same in manner as herein after mentioned, for the purpose of navigation into the said creek, and thence down the said creek to the mill-dam of John Warden, (so called) in the town of Seneca, thence through a canal to be cut or dug around the same, in manner as herein after mentioned, for the purpose of navigation into said creek, and thence down the said creek to the mill-dam of Leonard Isenour, in the town of Seneca aforesaid, be, Provin and the same is hereby declared to be a public highway: Provided however, That the owners of adjoining lands may erect mills, or. othe water works, on the said creek, so that the same shall not obstruct the navigation thereof.

II. And be it further enacted, That it shall and may be lawful, after the passing of this act, for the owners of lands adjoining the Greek how to said creek, at their own expence, to open and clear the said creek be cleared. of all obstructions; and also to cut or dig a canal, not less than twenty feet wide, from the upper part of Craft's mill-dam (so called) to intersect the said creek below the tail race of the said mill, and to secure the said canal with a flood-gate and lock, if necessary, for the purposes of navigation; and also to cut or dig a canal, not less than twenty feet wide, from the upper part of Warden's mill-dam (so called) to intersect the said creek below the tail race of said mill, and to secure the said canal with a flood-gate and lock, if necessary, Proviso. for the purposes of navigation: Provided however, That such canals shall not be cut or dug without the consent of the legal owner or owners of the mills aforesaid: And provided further, That the said canals, when completed as aforesaid, shall forever thereafter be part of the said public highway hereby declared.

tion.

Penalty for III. And be it further enacted, That if any person or persons injuring or shall, after the passing of this act, dam up or obstruct the navigaobstructing the navigation of the before described part of the creek aforesaid, or of the canals aforesaid hereby declared to be a public highway, by erecting or building any mill or wier, or by the building thereon any other works, every such person so offending shall forfeit for each offence, a sum not exceeding two hundred dollars, to be recovered, with costs of suit, by any person who will sue for the same in his own name, in any court having cognizance thereof; and that if any person or persons shall, after the first day of September next, throw, cut or fell any wood or timber into the before described part of the creek aforesaid, or of the canals aforesaid, such person so offending shall forfeit for each offence, the sum of five dollars, to be recovered as aforesaid; and after first deducting all necessary and just charges

Proviso

and expences of the prosecutor in and about the recovery of any sums for offences against this act, the residue shall be paid over to the supervisors of the county of Ontario, who shall cause the same to be applied to the purpose of improving the said public highway, and keeping the same free from obstructions: Provided nevertheless, That if any person or persons erecting or building a mill or mills, or other works, on that part of said creek hereby declared to be a public highway, shall cut or dig a sufficient canal, so that the navigation of the same be not injured by means of such works, that the said person or persons shall not be liable to the penalties of this act; nor shall any person or persons be liable to the penalties of this act who shall fall or throw timber in the said creek, if said timber be removed within ten days after the same has been so fallen or thrown therein: And provided also, That nothing in this act Provise. contained shall be construed to extend to or affect any mill or mills, or any dam for the use thereof that may have been erected, or the building thereof commenced on said stream before the passing of

this act.

to be built.

IV. And be it further enacted, That all bridges to be hereafter Bridges built and erected by and under the authority of the towns of Mid- thereon, how dlesex, Gorham and Seneca, or either of them, over that part of Flint creek hereby declared to be a public highway, shall be so constructed as not to obstruct the navigation thereof.

CHAP. CXCVI.

An ACT authorising Thomas M'Burney to erect a Dam across the Canesteo River, in the County of Steuben.

Passed April 14, 1815.

Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That Thomas M'Burney is hereby authorised to erect a dam, not to exceed four feet in height, across the Canesteo river, in the county of Steuben, where the Butler lot, so called, now owned by the said Thomas M'Burney, situate in the Gore, in the town of Canesteo, crosses the said Canesteo river, for the purpose of erecting mills: Provided, That the said Thomas McBurney shall erect an apron or lock in the said dam, of such construction as to render the passage safe and easy for arks, rafts and boats common in said river, at all times during the continuance of the said dam: And provided further, That if the passage aforesaid shall at any time be obstructed, this act shall be absolutely void.

CHAP. CXCVII.

An ACT declaring certain waters in the county of Steuben Public Highways.

Passed April 14, 1815.

1. Be it enacted by the people of the state of New-York, rep- & Little lake, resented in Senate and Assembly, That the waters of Little lake public high.

ways.