Work on

unoccu

pied lots.

Additional

laid out.

with the initial of his first name and his sirname at large, and all salt made and sold at such manufactories shall be sold by weight at the rate of fifty six pounds per bushel.

And be it further enacted That the superintendant be and he is hereby authorized to give permission to any person applying for any of the unoccupied lots containing salt springs which have been laid out or shall be laid out as herein after is directed, to erect works thereon for the manufacturing of salt, and if such applicant shall within four months thereafter have prepared a manufactory on such lot, complete with kettles or pans of the capacity of three hundred and forty gallons, it shall be lawf* for the superintendant in behalf of the people of this State, to lease to him such lot, for a term to be compleated and ended on the twentieth day of June in the year one thousand eight hundred on the conditions prescribed by the before recited act, and by this act, and stipulating that the rent to be paid in consideration for the same be estimated in the manner aforesaid according to the capacity of the kettles or pans used on the premises.

And be it further enacted, That where at any of the salt springs lots to be occupied or applied for as aforesaid near the salt lake in the county of Onondaga lots have not been laid out comprehending the same, it shall be lawful for the superintendant to lay out lots agreeably to the directions of the before recited act and having made maps and descriptions thereof, approved by the surveyor general and filed in his office, the superintendant is hereby authorized, to lease in manner aforesaid, such lots to such occupants or applicants respectively.

Village to

And be it further enacted That the superintendant shall on the be laid out. ground adjoining to the south east side of Free street, so named on the map of the salt springs made by the surveyor general, lay out a square for a village consisting of sixteen blocks, each six chains square with intermediate streets conforming to the streets laid down on the said map made by the surveyor general, and divide each block into four house lots, and deliver a map and description thereof to the surveyor general, who having approved thereof, shall thereupon proceed to advertise and sell, not exceeding thirty of the said lots in the manner prescribed by law for the sale of the lots laid out at Oswego; provided that none of the said lots shall be sold for a less sum than forty dollars, and provided also that no lot on which there is a building of the value of fifty dollars shall be liable to be so sold, if the owner or occupant thereof thall agree to receive a deed therefor and pay for the same at the average price of the other lots sold as aforesaid.

Fence

around wood lands.

Actions of

And be it further enacted that in order to preserve the wood on the land reserved for the salt works, it shall and may be lawful for the superintendant, to cause to be enclosed, by a good sufficient fence, such parts of the said lands, and in such quantities or lots as he shall judge best calculated to preserve the young growths from cattle; and that he shall not permit any wood to be cut for the use of the salt springs after such enclosure or enclosures are made, except on the lands so enclosed, and on the swamp lying between the upland and the lake.

And be it further enacted That it shall and may be lawful for the trespass. superintendant, to bring actions of trespass in his own name for the cutting or carrying away of any wood or timber from the lands reserved by the people of the State for the use of the said salt works, by any person or persons whomsoever without permission from the

*So in the original.

superintendant in writing, or the superintendant may at his discretion give information of such trespass or trespasses to the attorney general of this State, who shall bring such suit as shall be necessary for the recovery of damages.

swamp to

And be it further enacted That it shall and may be lawful for the Lease of superintendant to lease to each lessee of the salt springs, and to such salt manupersons as may hereafter lease lots for the purpose of manufacturing facturers. salt, the quantity of five acres of swamp or marsh each, on condition of such improvement of the same and for such term of years as the superintendant shall judge most conducive to the interest of the State, not exceeding seven years, and shall allot to each of such lessees the quantity of five acres of upland, to be held by them severally, for and during, the term of their respective leases of the salt springs.

super

And be it further enacted, That it shall and may be lawful for the House of superintendant to erect a house on the lands belonging to the State intendent. near the salt springs, for his residence, the expence of which shall not exceed the sum of two hundred and sixty dollars, to be paid out of the surplus monies appropriated for erecting a public store.

And be it further enacted That the superintendant may occupy the office. block-house for an office or other necessary use, and may repair the same provided that such repairs do not exceed the sum of sixty dollars, to be paid out of the surplus aforesaid; and the expences of building the said house and repairing the said block-house shall be audited by the comptroller.

tions to

And be it further enacted That all persons who shall elect to pay Contributheir rents according to the capacity of the kettle or pan, shall contri- public bute their respective proportions of the quantity of salt to be kept in store by store according to the capacity of such kettles or pans to be estimated kettle by such superintendant.

lessees at

rates.

superin

And be it further enacted That if any person or persons shall directly obstrucor indirectly willfully injure or obstruct the said superintendant while ton of in the actual execution of the duties of his appointment in any of the tendent. said manufactories or upon any of the said lots including any of the said salt springs so leased as aforesaid, the owner or owners of such manufactory or lot shall forfeit the same, and shall thereupon on complaint of the superintendant to the attorney general of this State be ejected and removed therefrom.

CHAP. 61.

AN ACT to amend the act entitled An act making provision to keep in repair the bridge over the Mohawk river below the Cohoes Falls.

PASSED the 30th of March, 1798.

Cohoes

Be it enacted by the People of the State of New York represented in Sale of toll Senate and Assembly, That John Hazard of the town of Halfmoon in privilege of the county of Saratoga and Peter S. Schuyler of the town of Water- bridge. vliet in the county of Albany, be and they are hereby appointed commissioners with full power and authority, yearly and every year hereafter on the first Tuesday in May, to sell at public vendue, the toll of the bridge over the Mohawk river below the Cohoes Falls, together with the toll-house belonging to the same, for the term of one year then next ensuing; and that it shall be and is hereby declared to be

Applica

ceeds.

the duty of the said commissioners or either of them in case of the sickness or absence of the other to give public notice of the time and place of the aforesaid sale, by an advertisement to be published in one of the newspapers printed in the city of Albany for the space of three weeks previous to such sale; and that it shall be lawful for the said commissioners or either of them in case of the sickness or absence of the other to demand such security from the purchaser or purchasers of the said toll and toll-house for the payment of the purchase-money as they shall deem necessary.

And be it enacted That the monies arising from the aforesaid sales, tion of pro- shall be applied to the repairing and keeping in repair the aforesaid bridge and toll-house, and in case any overplus shall remain in the hands of the said commissioners, to cutting away the rock at the north east end of the bridge and to the repairing of such parts of the highway leading to the said bridge on both sides of the Mohawk river as they shall think proper.

Injury to gates on bridge.

Accounting by commissioners.

Part of act

pealed.

shall

And be it further enacted That in case any person or persons wilfully cut down, or break open the gate or gates which now are or may hereafter be erected across the said bridge at the west end thereof, then such person or persons, shall for every such offence, forfeit the sum of fifteen dollars with costs, to be recovered in an action of debt by and in the name of the said commissioners before any one of the justices of the peace of the counties of Albany or Saratoga, and the said justice before whom a recovery shall be had by virtue of this act, shall forthwith pay the monies recovered to the said commissioners, or either of them to be by them or either of them applied to the uses and purposes aforesaid.

And be it further enacted That it shall be the duty of the said commissioners, annually to render an account on oath to the comptroller of this State of all the monies by them received and expended in virtue of this act; and that the said commissioners shall each be allowed for his services in performing the duties of this act at and after the rate of twenty dollars per annum, to be retained out of the monies to be by them received as aforesaid.

And be it further enacted, That the second, third and fourth clauses recited re of the act entitled "An act mading provision to keep in repair the bridge over the Mohawk river below the Cohoes Falls, "passed the third day of April 1797," shall be and are hereby repealed.

No inn at

toll house.

And be it further enacted That it shall not be lawful for any person to keep an inn or tavern in the toll-house at the said bridge.

Stage privilege granted to persons

named.

CHAP. 62.

AN ACT granting to Alexander I. Turner and Adonijah Skinner an exclusive right of running a stage on the rout therein mentioned.

PASSED the 30th of March, 1798.

Be it enacted by the People of the State of New York represented in Senate and Assembly, That Alexander I. Turner and Adonijah Skinner and their respective executors administrators and assigns shall have hold possess and enjoy for the term of five years from the first day of May next the sole and exclusive right liberty and permission to erect set up

and drive at all time and times hereafter during the time aforesaid such stage waggon waggons or other carriages for that purpose between the village of Lansingburgh in the county of Rensselaer and the town of Hampton in the county of Washington (passing through the towns of Hebron, Salem and Granville) as may be sufficient for the transporting of passengers on the said rout and that it shall not be lawfull for any other person or persons upon any pretence whatsover during the term aforesaid to set up or drive any stage waggon or other carmages for the like purpose to or from either of the places on the rout aforesaid or any part thereof under the penalty of twenty dollars for each offence to be recovered with costs of suit in any court of record having cognizance of the same to the use of the said Alexander I Turner and Adonijah Skinner.

privilege is

And be it further enacted That the said Alexander I. Turner and Conditions Adonijah Skinner their heirs executors administrators or assigns shall on which furnish and procure at least one good and sufficient covered stage wag- granted. gon or other proper carriage to be drawn by two or more good and sufficient horses for the purpose aforesaid and the fare of each passenger therein shall not exceed five cents per mile including the priviledge of carrying fourteen pound weight of baggage and for every one hundred and fifty pound weight of baggage not exceeding a like sum of five cents per mile and so in like proportion shall be paid for a greater or less quantity and the said stage waggon waggons or other carriages shall go and return at least once in each week during the time above mentioned on the part aforesaid unless the same shall be prevented by any temporary badness of the road or some other uncommon let or hindrance. Provided always, that if the said Alexander I. Turner and Adonijah Skinner their executors administrators or assigns shall neglect or refuse to perform the duties aforesaid according to the true intent and meaning of this act that in such case the powers and priviledges hereby granted shall cease and for ever become void.

CHAP. 63.

AN ACT repealing the second section of the act entitled "An act for the relief of William Chase and for keeping in repair the bridge over Hosack river.

PASSED the 30th of March, 1798.

66

sick river,

Be it enacted, by the People of the State of New York, represented in Bridge Senate and Assembly, That the second section of the act entitled "An over Hooact for the relief of William Chase and for keeping in repair the bridge relative to. erected over Hosack river" passed the twenty third day of March one thousand seven hundred and ninety two, be and the same is hereby repealed, and the said bridge over Hosack river shall be considered to be under the immediate direction of the superintendants of highways for the county of Rensselaer, as the other bridges in the said county

are.

VOL. 4.-29

Preamble.

Partition

CHAP. 64.

AN ACT for confirming a partition of certain lands therein mentioned.

PASSED the 30th of March, 1798

WHEREAS Sarah I. Beeckman widow and relict of James I. Beeckman late of the city of New York deceased, and Catharine Hill, widow and relict of James Hill late of the said city deceased and mother of the heirs of the said James Hill, did, by their petition to the legislature at the last session, represent that George Smith, Thomas Hartell, Richard Duryee and the said James Hill in his life time were seized in fee simple of a certain tract of land in the county of Ulster in this State commonly called lot number sixteen in the great Hardenburgh patent as tenants in common. That some time in the year one thousand seven hundred and ninety three, a partition thereof was made by mutual consent between the said George Smith, Thomas Hartell, Richard Duryee and the said James Hill the then proprietors, and a map and field-book of the said lot was then made, shewing the survey and subdivision thereof duly proved, and remaining of record in the secretary's office of this State; and a copy of said map was made delineating the particular lots of each proprietor respectively, and certified on the back thereof by the said Richard Duryee, Thomas Hartell and George Smith to be the division of the said lot number sixteen as their names are thereon respectively to each lot mentioned; but before the deeds of partition could be executed the said James Hill died intestate, leaving several infant children: And whereas the said James I. Beeckman before his death did purchase of the said George Smith, Thomas Hartell and Richard Duryee their respective shares of the said lot; that owing to the infancy of the children of the said James Hill deceased, the said partition so as aforesaid made by his consent in his life time, cannot be compleated, nor any other partition had thereof, without pursuing the directions of the act entitled "An act for the partition of lands" whereby greater expences than those heretofore had concerning the partition already made will again acrue to the great injury of the parties: And whereas it was resolved by concurrent resolutions of the two houses of the legislature at their last session that the said Sarah I. Beeckman and Catharine Hill have leave to present to either house, at their next session, a bill to confirm the partition of the land mentioned in the said petition: And whereas it appears the publication required by the said resolution has been complied with; and they have prayed relief in the premises: Therefore

Be it enacted by the People of the State of New York represented in confirmed. Senate and Assembly, That the said partition of the said lot number sixteen made as aforesaid in severalty, shall be as valid and effectual to all intents and purposes, as if a partition of the said lot had been made pursuant to the statute herein before mentioned, any thing to the contrary in any wise notwithstanding.