CHAP. CLXVIII. AN ACT to authorise Joseph S. Kaymond, to build a Dam across the Genesee River, in the Town of Caneadea, Passed April 15, 1823. Dam to be e BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Joseph S. Raymond, his rected heirs and assigns be, and they are hereby authorised to erect and continue a dam across the Genesee river, at the rapids between lots number twelve and thirteen, in the fourth township and second range of the Holland Company's purchase: Provided, That the Proviso said Joseph S. Raymond, his heirs or assigns, shall so construct an apron or lock, as to make it safe and convenient for boats and rafts to pass over the same in time of high water: And provided Further profurther, That nothing in this act shall be so construed, as to affect the rights of individuals who may be injured by reason of the erecting and continuing said dam: and it shall be lawful for the Rights relegislature, at any time to amend or repeal this act. viso served CHAP. CLXIX. AN ACT for the relief of the heirs and legal representatives of Benjamin Lord. Passed April 15, 1823. BE it enacted by the People of the State of New-York, repre- Duty of comsented in Senate and Assembly, That it shall be lawful for, and missioners of the commissioners of the land office are hereby required to issue land office letters patent to the heirs or assigns of Benjamin Lord, for five hundred acres of land, off of lot number eighty-seven, in the township of Solon, in full compensation for the military services of Benjamin Lord, in the revolutionary war. CHAP. CLXX. AN ACT granting authority to sell certain Lands of the Presbyterian Church and Congregation of South Salem, in the County of Westchester. Passed April 15, 1823. WHEREAS the trustees of the presbyterian church and congregation of South Salem, in the county of Weschester, together with the elders of said church, having petitioned the legislature for authority to sell and convey a part of their parsonage lands, in view of the permanent improvement of the funds of said congregation: Therefore, Preamble &C 1. BE it enacted by the People of the State of New-York, Power to sell represented in Senate and ssembly. That from and after the passage of this act, it shall be lawful for the trustees of the presbyterian church and congregation of South Salem, in the county of Westchester, or their successors, and they are hereby authorised to sell and convey in fee simple, all that certain piece of land, with the appurtenances, known and distinguished by the name of the South Parsonage Lot, containing about forty acres, situate in South Salem aforesaid, and owned by the said congregation, when, and in such manner, as they, or a majority of them, shall deem most likely to promote the interests of said congregation; and the said trustees are hereby required to place the proceeds arising from the sale of the whole, or any part of said land and appurtenances, at interest, secured by bond and mortgage or mortgages on real estate, free from incumbrance, and of at least double the value of the sum or sums loaned, or to vest the same in public, or other productive stocks, yielding a regular jucome, for the sole benefit of the said congregation: Provided, That every conveyance made under authority of this act by the said trustees, for the whole or auy part of said land, shall contain a reference to this act, be in the pame and on behalf of said congregation, and executed under the bands and seals of at least a majority of the whole number, constituting a full board of trustees; And further, That any instrument of writing, executed on account of any loan of the proceeds as aforesaid, shall be drawn in favor of the said congregation, with the names of the trustees directing such loan inserted, and in all cases be a majority as aforesaid. Preamble Part of an CHAP. CLXXI. AN ACT relative to the Clerk's Office, in the County of Tioga, Passed April 15, 1823. WHEREAS by an act passed 12th of March, 1813, entitled, * An act authorising the treasurer of the county of Tioga, to pay certain monies therein mentioned, and for other purposes,' it is enacted, that the clerk's office of the said county, shall be kept within two miles of the new court-house in the town of Spencer, from and after the first day of May, one thousand eight hundred and thirteen: And whereas the said court house has been since destroyed by fire: And whereas, by an act passed 22d March, 1822, the courts for the said county were established to be held alternately at the villages of Newtown and Owego, thereby rendering it improper, that the said clerk's office should remain at the said town of Spencer: Therefore, 1. BE it enacted by the People of the State of New-York, react repealed presented in Senate and Assembly, That so much of the said act, passed March 12th, 1813, entitled, "An act authorising the treasurer of the county of Tioga, to pay certain monies, and for other purposes," as requires the clerk of the said county of Tioga to keep the said office in the town of Spencer, be, and the same is hereby repealed. Site for clerks office, how as certained II. And be it further enacted, That Parlee E. Howe, of the county of Onondaga, Henry Towar, of the county of Ontario, and Charles Kellogg, of the county of Cayuga, be, and they are hereby appointed commissioners for the purpose of examining and determining the proper site for the clerk's office in the said county of Tioga; and when the said commissioners, or any two of them, having so determined, they shall put their determination in writing, with their signatures and seals affixed thereto, and cause the same to be filed in the clerk's office of the said county of Tioga, such determination shall be final and conclusive in the premises; and the said commissioners shall be entitled to receive three dollars per day, for every day they may be necessarily employed in said service, which sum shall be levied, collected and paid, as part of the contingent expenses of the said county of Tioga, and that it shall be the duty of the said commissioners, to proceed to the said county of Tioga, and asscertain and determine upon the said site, and file their said determination as above prescribed, in the office of the said clerk, on or before the first day of July next. Ill. And be it further enacted, That it shall be the duty of Removal of the clerk of the said county of Tioga, to remove his said office to papers &c the place so designated by the said commissioners, within thirty days after the determination of the said commissioners shall be filed in his said office: Provided, That the site so determined and Proviso agreed on, shall be within one mile of one of the court-houses in the said county of Tioga. CHAP. CLXXII. AN ACT for the relief of the Settlers on lot number fifteen of the Township of Solon, in the Military Traci. Passed April 15, 1823. land office BE it enacted by the People of the State of New-York, re- Duty of com presented in Senate and Assembly, That it shall be lawful for the missioners of commissioners of the land office, and they are hereby required to issue letters patent to such persons as shall, under cover of title bona fide obtained, be in the actual possession, and have made improvements on lot number fifteen, of the township of Solon, in the military tract, for the parts thereof which they respectively possess, on the terms and conditions on which letters patent are authorised to be granted to bona fide purchasers of lands in the military tract, escheated to the people of this state: Provided, That Proviso such possessors shall make application to the commissioners of the land office for such grants, before the first day of January next; and it shall be the duty of the surveyor-general, to cause the requisite appraisements, and the further necessary surveys, to be made before the first day of September next. Time extend ed CHAP. CLXXIII. AN ACT to amend an act, entitled, "An act to authorise Be- Passed April 16, 1823. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the time limited in the proviso to the third section of the act, entitled, "An act to authorise Benajah Byington to search for rock salt in the county of Onondaga," passed April 13th, 1820, shall be, and is hereby extended to three years, from and after the passing of this act. Corporation created Corporate names Election of trustees CHAP. CLXXIV. AN ACT to incorporate the Village of Tompkinsville, in the Passed April 16, 1823. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That that part of the town of Castleton, in the county of Richmond, included within the following limits, that is to say: beginning in the bay of New-York, where the boundary line between the water right, and land of Daniel Van Duzer, and that of Daniel D. Tompkins, and the Richmond Turnpike Company, intersect, thence westerly along the said line, to Sarah Ann-street; thence northerly along the westerly side of said street, to the Richmond turnpike road; thence westerly, along the south side of the said Richmond turnpike road to its intersection of the cross turnpike, which leads therefrom to Kill Van Kull, near the house of the late Benjamin Prall; thence northerly along the westerly side of the said cross turnpike to the extent of the land and water right of the said Daniel D. Tompkins, in Kill Van Kull sound aforesaid; thence easterly along the extreme boundary line, in the said sound of the said Daniel D. Tompkins, to the land of Thomas Lawrence; thence southerly along the line that divides the land of the said Thomas Lawrence and Daniel D. Tompkins, to its southern-most extremity; thence easterly along said division line to its boundary, in that direction; thence northerly again to Kill Vau Kull; and from thence easterly and southerly along the extreme line of the property of the said Daniel D. Tompkins, in Kill Van Kull, and the bay of New-York, to the place of beginning, shall hereafter be known and distinguished, by the name of the village of Tompkinsville." 11. And be it further enacted, That all the freeholders and inhabitants, qualified to vote at town meetings, who reside within the district aforesaid, may on the first Monday of July next, meet at some proper place to be designated in a written notification to be given by one of the justices of the peace, of the town of Castleton residing within the limits above described, at least ten days previous to the said first Monday of July next; and that then and there it shall be lawful for such freeholders and inhabitants so convened then and there, to proceed to choose, by ballot or otherwise, as shall be agreed on, seven freeholders who reside in said village, to be trustees thereof, who when chosen, shall possess the authority, and exercise the powers hereafter vested in them by this act; and the said justice is hereby required to preside at such meeting, and to declare the several persons having a majority of Votes duly elected trustees; and on every first Monday of July, after the first election of trustees, there shall be a new election of the trustees of said village, and the said trustees for the time bring shall give the notification for the annual meeting of the inhabitants, in the manner before prescribed, and shall perform all the other duties required from the said justice in presiding at, and regulating such elections. name of trus ers 1. And be it further enacted, That all the freeholders and Corporate inhabitants residing within the aforesaid limits, be, and they are tees and ge hereby ordained, constituted and declared to be from time to time, neral powers and forever hereafter, a body politic and corporate, in fact and in name, by the name of the Trustees of the village of Tomkinsville," and by that name they and their successors shall and may have perpetual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts aud places whatsoever, in all manner of actions, complaints and causes, whatsoever; and that they and their successors may have a common seal and may change and alter the same at pleasure; and shall be capable in law of purchasing, holding, and conveying any estate, real or personal, for the use of said village, and of building one fire engine house or more, if required; and of erecting any "other building or buildings for the use of the village that may be Special pow deemed necessary, of purchasing and keeping in repair fire engines, ladders, buckets, and other instruments for extinguishing fires, for improving the streets, erecting hay-scales, and for making any regulations for preventing and extinguishing fires, for preventing and removing nuisances, and regulating the assize of bread in the said village, with power to restrain swine and cattle from running in the streets, to remove and prevent encroachments on the highway, and for raising money by tax, for defraying the incidental expenses of carrying the several by-laws and regulations into effeet; which money so to be raised, shall be assessed upon the freeholders and inhabitants of said village, by the trustees, elected as aforesaid: Provided, That if any person shall deem him or herself aggrieved by such assessment as aforesaid, it shall be lawful for any such person to appeal from the decision of the trustees to any three justices of the peace, for the county of Richmond, giving notice to the said trustees of such appeal, and of the time and place for determining thereof, by such justices, who shall hear and decide upon the same, in proportion to the amount of their real and personal estate, respectively, as shall appear from the returns for the time being of the assessors of the town of Castleton: Pro- Further pro vided further, That the tax so to be raised, shall not exceed in viso any one year one thousand dollars: And provided also, That no tax shall be levied, or money raised, assessed or collected, for the purposes aforesaid, nor shall any purchase or sale of real estate, of Proviso |