fixed bye-laws; and also, such other matters as appertain to the business and purposes, for which the said corporation is by this act constituted, and for no other purposes whatsoever: Provided always, That such bye-laws, and the penalties imposed for violating any of them, be not repugnant to the constitution or laws of the United States, or of this state.

V. And be it further enacted, That whenever any member of 9 the said corporation shall violate and break any of the bye-laws, so made as aforesaid, or shall become liable to any penalty imposed by any such bye-laws, and shall neglect or refuse to pay the same, it shall and may be lawful, in every such case, for the said corporation to expel such member from the said corporation, or to prosecute at law for recovery of the said penalty: Provided always, That no member shall be expelled otherwise than by votes of at least two-thirds of all the members present, at one of the stated meetings of the said corporation.

VI. And be it further enacted, That every member, expelled 10 from the said corporation, shall thereafter be prevented from having or receiving any benefit or advantage whatsoever from the funds, property or estate of the said corporation; and that all payments and advance made by such member, to the funds of the said corporation, shall be forfeited to the same.

VII. And be it further enacted, That this act shall be, and re- 11 main in full force and virtue, for the term of fifteen years; that is to say, from the fourth Thursday in April, one thousand eight hundred and seven, until the fourth Thursday of April, which will be in the year one thousand eight hundred and twenty-two: Provid ed nevertheless, That in case the aforesaid society shall at any time appropriate their or any part of their funds, to any purpose or purposes, other than those intended and contemplated by this act, and ́ shall be thereof convicted by due course of law, that thenceforth' the said corporation shall cease, and determine; and the estate, real and personal, whereof it may be seised and possessed, shall vest in the people of this state: And provided further, That nothing herein contained shall be construed to prevent the legislature, at any time in their discretion, within the period aforesaid, from altering or repealing this act..

VIII. And be it further enacted, That this act is hereby declared 12 to be a public act; and that the same be construed in all courts favourably and benignly, for every beneficial purpose therein contained..

CHA P. CLXX.

CONTENTS.

2 Commissioners, to superintend building gaol, monies to be paid to-5. To give bonds. 6. Courts of Broome county, terms of.

4. Gaol, where to be erected-1. Monies to be raised to build.

AN ACT for raising Money to build a Gaol in the County of Broome, and for other Purposes..

I.

B

Passed April 6, 1807.

E it enacted by the People of the State of New-York, repre- I sented in Senate and Assembly, That the supervisors of the county of Broome, be and they are hereby empowered to raise and

levy upon the freeholders and inhabitants of said county, the sum of eight hundred dollars, with the additional sum of five cents upon each dollar for collecting the same, and one cent on each dollar for treasurer's fees; which said sum shall be raised, levied and collected in the same manner as the other necessary and contingent char. ges of the said county are raised, levied and collected, to build such gaol as the said board of supervisors shall direct.

2 II. And be it further enacted, That the treasurer of the said coun ty, shall pay over the monies so collected, as the same shall come 3 to his hands, to such commissioners as shall be appointed by the board of supervisors to superintend the building of said gaol, or to some one of them, and the commissioner or commissioners who shall receive the money, shall account for the same to said board of supervisors, at such time as he or they shall be thereunto required; and that the said gaol shall be erected upon such spot of ground as the said supervisors or a majority of them shall direct: Provided the said gaol shall be built on the public lot on which the courthouse now stands.

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III. And be it further enacted, That said commissioners, before they take on themselves the duties of said office, shall enter into bonds with sufficient sureties, to the board of supervisors of said county, in the penal sum of sixteen hundred dollars, conditioned for the faithful performance of the trusts and duties vested in them by this act.

IV. And be it further enacted, That from and after the second Tuesday of May next, the several terms of the courts of common pleas and general sessions of the peace in and for the county of Broome, shall be holden on the second Tuesdays of May and September, and the last Tuesday in December, in each year; and that the same courts may continue to be holden from the said Tuesdays, until the next Saturdays, respectively following the same, both days inclusive, any thing in the act, entitled "An act to di vide the county of Tioga, and for other purposes," to the contrary notwithstanding.

CHA P. CLXXI.
CONTENTS.

1. Managers of literature lotteries, how to pay avails of fifth-5. And sixth lottery.

4, 9. Hudson's river, below Albany, sums to be paid comm'rs. før improving.

6. ..... Between Troy and Waterford, sum to be paid comm'rs. for improving. 11. Lotteries, order in which they are to be drawn.

12.

Avails of road lotteries, how paid.

3. Public building in Albany, sum to be paid commissioners of.

2, 10. Regents of the university, sums to be paid them.

14. Roads, interest due on certain loans to be paid to comm'rs. of a certain great road.

7. Sag-Harbour, sum to be paid comm'rs. for improving the port of.

8. Schoharie, sum to be paid commissioners of highways of the town of.

16. Tickets, managers to retain, for a limited time, a certain proportion for retail.

1 I.

AN ACT concerning Lotteries.

Passed April 6, 1807.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the managers, appoint

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ed to conduct the several lotteries, granted by this state for the encouragement of literature, and for other purposes therewith connected, be authorized and directed to pay out of the avails of the fifth of said lotteries just drawn, the several sums, in the following manner; to the regents of the university, pursuant to the act for the encouragement of literature, the sum of seven thousand five hundred dollars; to the commissioners for erecting and completing the public building in the city of Albany, pursuant to the act, making provision for improving Hudson's river, below Albany, and for other purposes, passed the 6th of April, 1804, the sum of twelve thousand dollars; to the commissioners for opening and improving 4 Hudson's river, between the northern boundary line, of the city of Albany, on the said river, and the mouth of a certain creek, in the town of Bethlehem, in the county of Albany, known by the name of Nichol's creek, pursuant to the last recited act, the sum of six thousand eight hundred dollars.

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II. And be it further enacted, That the said managers be authorized to raise, by the sixth of said lotteries, the sum of twentysix thousand three hundred dollars, together with a sufficient sum to pay the necessary expenses thereof, and to pay the avails thereof, in the manner following to the commissioners for completing the navigation between the villages of Troy and Lansingburgh, and to the commissioners for improving the navigation between the villages of Lansingburgh and Waterford, pursuant to the act, making further provision for improving the navigation between the villages of Troy and Waterford, and for other purposes, passed the 2d of April, 1803, the sum of seven thousand five hundred dollars; to 7 the commissioners for the improvement of the port of Sag-harbour, pursuant to the last recited act, the sum of five thousand dollars; to the commissioners of highways for the town of Schoharie, pursuant to the said recited act, six hundred dollars; and to the commissioners for opening and improving Hudson's river, below the city of Albany, aforementioned, pursuant to the above recited act of the 6th of April, 1804, thirteen thousand two hundred dollars.

III. And whereas it appears by the report of the managers of the lotteries for the encouragement of literature, of the 29th of December, 1806, that the sum of five thousand dollars of the avails of the fourth lottery, has been by them paid into the treasury of this state, which ought to have been paid to the regents of the university, pursuant to the act for the encouragement of literature. Be it 10 therefore further enacted, That the treasurer be, and he is hereby authorized and directed to pay, on the warrant of the comptroller, the said sum of five thousand dollars to the regents of the university of this state.

IV. And be it further enacted, That the managers, appointed to 11 conduct the lotteries, directed by the act for opening and improving certain great roads in this state, passed the 26th of March, 1803, shall proceed immediately, to raise by lottery the sum of twenty-five thousand dollars; and after the drawing of the same is completed, that the managers of the lotteries for the encouragement of literature shall proceed to draw the sixth lottery; and that

after the drawing of the said sixth lottery is completed, the said managers, appointed to conduct the lotteries under the said recited act, of the 26th of March, 1803, shall proceed to raise, by a second 12 lottery, the further sum of twenty-five thousand dollars; that forthwith, after the drawing of each of the said two lotteries under the last recited act, it shall be the duty of the said managers, to pay the sum of forty-one thousand five hundred dollars, as soon as each of the said lotteries are drawn, as directed by the said act, of the 26th 13 of March, 1803; and that they also pay the remaining sum of eight thousand five hundred dollars into the treasury of this state, to be appropriated as the legislature thereof shall direct; and that until the drawing of each and every one of the aforementioned threo several lotteries shall be completed, no other lottery shall be commenced.

V. And be it further enacted, That the treasurer is hereby authorized and directed to pay, on the warrant of the comptroller, to the commissioners appointed for opening and improving the said great road, by the act last recited, such sum as shall be found due, or shall from time to time become due, for interest on loans, authorized to be made by the aforesaid commissioners, out of the above eight thousand five hundred dollars.

VI. And be it further enacted, That the comptroller be authorized, on the final settlement of the accounts of the several lotteries hereafter to be drawn in this state, to allow fifteen per cent on the sum raised by each lottery, in lieu of all compensation for service and expense in conducting and drawing the same.

VII. And be it further enacted, That it shall be the duty of lottery managers, in disposing of the tickets of any lottery of this state, to reserve in their hands a proportion of tickets, amounting to at least one-third of the whole number of tickets contained in each lottery, which proportion of tickets shall be publicly offered for sale, by retail, to such individual purchasers as shall appear to them to intend to become holders of such tickets; and that the said lottery managers shall so continue a sale of such proportion of tickets, for the space of at least sixty days, unless sooner disposed of, after a sale of such tickets is publicly commenced, and before any part of such proportion of tickets shall by them be disposed of, to persons. who are dealers in lottery tickets.

CHA P. CLXXII.
CONTENTS.

1. Sawegeties and Woodstock turnpike-3. Incorporated-4. Powers and privileges. 6. Directors, when to be chosen. 2. Road, route of. 5. Stock-and value of shares 7. Toll, rates of. 8. Toll-gatherer, his powers.

AN ACT to incorporate the Sawegeties and Woodstock Turnpike

Company.

Passed April 7, 1807.

1 I. BE it enacted by the People of the State of New-York, repre

sented in Senate and Assembly, That Stephen Stilwell, John

Wigram, Peter Hastrook, Cornelius Demund, and all other persons as shall associate for the purpose of making a good and sufficient 2 road from or near the dwelling house of Isaac Post, at the Hudsonriver, through the village of Sawegeties, in the most direct route through Little Shandacan, until it intersects the Ulster and Delaware turnpike road, at or near the dwelling house of Lazarus Sprague, shall be and hereby are created and made a corporation 3 and body politic, in fact and in name, by the name and style of "The president, directors and company of the Sawegeties and Woodstock turnpike," subject to the restrictions, regulations and 4 provisions, and with all the rights and advantages, powers and privileges contained in the act of the legislature of this state, entitled "An act relative to turnpike companies," passed the 13th day of March, one thousand eight hundred and seven.

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II. And be it further enacted, That the capital stock of said company shall be of the amount of twenty thousand dollars; and each share in said stock shall be twenty dollars, and no more; and as 6 soon as five hundred shares are subscribed for, the subscribers then shall proceed to choose their directors to manage the concerns of said company, agreeable to said act relative to turnpike companies.

III. And be it further enacted, That whenever said road is completed, or such part as the law directs, the president and directors shall proced to erect a gate or gates across said road, for the purpose of collecting the toll or duties thereof, for ten miles, and so in proportion for a greater or less number of miles, that it to say: For any greater or less number of hogs, sheep, cattle, horses or mules, as follows: for every score of hogs or sheep, eight cents; for every score of cattle, horses or mules, twenty cents; for every chair, sulkey or chaise, with one horse, twelve and an half cents; for every horse rode, six cents; for every led or driven horse, three cents; for every chariot, coach, coachee or phaeton, twenty-five cents; for every cart drawn by one horse, six cents; for every stage-waggon, or other four wheeled carriage, drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule ox; for every sleigh or sled, six cents, if drawn by two horses, mules or oxen, and in like proportion if drawn by a greater or less number of horses, mules or oxen.

IV. And be it further enacted, That it shall and may be lawful for the toll-gatherer to stop and detain any person riding, leading or driving any horses, cattle, mules, hogs or sheep, or any carriage, until they have paid their respective tolls, except such person or persons as are excepted in the aforesaid act, entitled "An act relative to turnpike companies."

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