the lots appropriated for the support of the gospel and schools respectively lie, shall have power from time to time to lease the said lots on such terms and for such time as they shall think proper, not exceeding twenty-one years; and that the monies arising from such leases, be appropriated according to the provisions of the act relative to said lots, passed the twenty-third day of March, in the year one thousand seven hundred and ninety-eight.

ers to pay

$2. And be it further enacted, That all commissioners for leas- Commissioning said lots, chosen in pursuance of the aforesaid act, having any monies in their hands, not appropriated by their respective towns, shall pay over to the commissioners, to be chosen in pursuance of this act, who are authorised to collect and receive the same, and appropriate the same in such manner as shall be directed by their respective towns, in pursuance of the aforesaid act.

An act relative to the lots of land reserved for the support of the gospel and schools, and for the promotion of literature, in the military tract in the county of Onondaga. Passed March 23d, 1798. Sess. 21, Chap. 48.1

sioners em

take posses

and school

$1. Be it enacted by the People of the State of New-York re- Supervisors presented in Senate and Assembly, That the supervisor of each of a commis the towns in the county of Onondaga, for the time being, in conjunc-powered to tion with such commissioners, not exceeding three in number, as the sion of gorpo freeholders and inhabitants of any of the said towns, shall at their an- lote. nual town-meeting respectively appoint, shall be and are hereby authorised and empowered to enter upon and take possession of the lots of land, situate in the several towns for which such supervisors and commissioners shall have been appointed, which were designated for gospel and school lots by virtue of the act, entitled "An act for the further direction of the commissioners of the land-office, and for other purposes therein mentioned," passed the 11th day of April, 1796, and And may thereupon the supervisor and such commissioners of any of the said the towns in which such lots of land may be situated, shall and may lease the same, upon such terms and for such period of time, as they in their discretion may deem proper, not exceeding ten years: Provided nevertheless, That whenever the freeholders and inhabitants of any of the said towns, shall in legal town-meeting instruct the said supervisor and commissioners in the premises, the leases of the same lands shall be made conformably to such instructions, subject to the limitation of time as aforesaid.

Icase

same.

recovery of

and for tres

$2. And be it further enacted, That it shall and may be lawful To instituto for the supervisor and commissioners of any of the said towns as afore- suits for the said, and they are hereby authorised and empowered to institute such posesion suit or suits and prosecute the same to judgment, in the name of such passes comsupervisor, as may be necessary for the recovery of the possession of mitted. any of the said lots designated as aforesaid, or for any trespasses that may have been heretofore or shall be hereafter committed thereon, or upon the breach of any of the covenants which may be contained in any of the said leases made in pursuance of this act; which said suits

(1) K. & R. v. 2, 254.

Monies arising therefrom how to be

appropriated.

of supervisora

sioners.

shall not be abated or any way affected in law, by the death or removal from office of any such supervisor as aforesaid.

S3. And be it further enacted, That the monies arising from the leasing of the said lots of land as aforesaid, and from the trespasses aforesaid, shall be applied to the use of schools or support of the gospel, in the original townships as surveyed, in which such lots shall be respectively situated and for no other purpose; which said application shall be made either for schools or gospel, or both, and in such way and manner as the freeholders and inhabitants of the towns in which the same lands shall lie shall in legal town-meeting from time to time direct, order and appoint.

Further duty $4. And be it further enacted, That the said supervisors and and commis- commissioners shall and hereby are required to report to the towns for which they shall have been appointed, at their annual town-meeting their proceeding under this act; and upon the expiration of their offices or removal from office, shall deliver over to their successors in office, all such leases and documents as they may be possessed of by virtue of this act; and also all such monies as they may have received upon Penalty for and by virtue of the leases aforesaid; and in case any of the supervinegiect, &c. sors or commissioners shall refuse or neglect to report their proceed

Duty of the

In cases of

ings as aforesaid, or deliver over such leases and documents, or pay over the monies as aforesaid, such supervisor or commissioner shall forfeit and pay to the town for which he shall have been appointed, twenty-five dollars, to be applied for the uses and in the manner aforesaid; which said penalty shall be recovered in the name of the supervisor of the town, for the time being, in which the same penalty shall have been incurred, by action of debt, bill, plaint or information, in any court of record having cognizance thereof.

$5. And be it further enacted, That it shall and is hereby declarsupervisore. ed to be the duty of the several supervisors of the towns in the said county of Onondaga, to take charge of and oversee the lots of land situate in their respective towns for which such supervisor shall have been appointed, and which are designated by the act aforesaid for the promotion of literature, and such other lots in each town as are reserved to the people of this state; and in case of any encroachment or trespasses upon the same lands, to report the author or authors thereof to the assistant attorney-general for the district including the said county of Onondaga, who is hereby authorised and required to institute and prosecute to judgment such suit or suits in the name of the people of the state of New-York, against such trespassers as he may deem necessary, and the monies recovered in such suits he is hereby required to pay over to the treasurer of this state.

encroach

ment or trespasses how

10 proceed.

Monics aris

An act to amend an act, entitled “An act relative to the lots of land reserved for the support of the gospel and schools, and for the promotion of literature, in the military tract in the county of Onondaga, passed March 23, 1798." Passed April 11, 1808. Sess. 31, Chap. 218.1

$1. Be it enacted by the People of the State of New-York, of gospel and represented in Senate and Assembly, That the monies arising from

iug from rents

(1) 1 R. L. p. 222; W. v. 5, 404.

how distribu

the annual rents and profits of the gospel lots, in each township, shall school lots, be equally divided by the supervisor and commissioners appointed in ted. each township, between the several religious societies legally organized in such township; and that the monies arising from the annual rents and profits of the several school lots, shall be distributed among the schools kept in each respective township by teachers to be approved of by the supervisor and commissioners constituted by the act to which this is an amendment, or a majority of them in said township, in proportion to the aggregate number of days which the scholars in each respective school shall have respectively attended such schools in the year immediately preceding such division.

ers, &c. ex

$2. And be it further enacted, That the powers, privileges and Certain pow restrictions contained in the first mentioned act, passed 23d March, tended. 1798, shall be and the same are hereby extended to all the townships in this state wherein any lot or lots of land are reserved for the support of the gospel and schools: Provided nevertheless, That where in any of the aforesaid townships, the lots are already leased according to the vote of the people of any such township, in legal town-meeting assembled, in pursuance of the provisions of the act aforesaid, such lease or leases shall be deemed to be good and valid in law, any thing in the aforesaid act to the contrary notwithstanding.

An act for the more speedy collection of money arising from the rent and profits of gospel and school lots. Passed April 13, 1819. Chap. 239, p. 309.

may be pro

$1. Be it enacted by the People of the State of New-York, re- Former com presented in Senate and Assembly, That it shall and may be law-missioners ful for the supervisor and commissioner of any town authorised to be secuted. chosen by the first section of the act, passed April fourth, one thousand eight hundred and seven, entitled "An act relative to the lots of land reserved for the support of the gospel and schools, in the counties of Onondaga, Cayuga and Seneca," to commence and prosecute in and by the name and style of the commissioners of the public lot of the town to which they respectively belong, any suit against any of their predecessors in office, or against any other person or persons, to recover any debt, dues or demands, of right due to the supervisor and commissioner or commissioners, of such public lot; and no such suit shall abate by the death, resignation or removal from office of the said supervisor and commissioner, or either of them, but the same shall and may be prosecuted to judgment and execution by their suc

cessors in office.

tioned.

$2. And be it further enacted, That all monies now due or here- Monies how after to become due, and which shall have come into the hands of the to he apporaforesaid commissioners of public lots, and have not been applied and paid over to religious societies, shall be apportioned among the several school districts in the several towns in the aforementioned counties, any thing in the acts heretofore passed to the contrary notwithstanding.

$3. And be it further enacted, That the authority hereby given In Tompkins to the supervisor and commissioners aforesaid, be and are hereby giv- county.

Trustees may

sell gospel &

military

tract.

en to the supervisors and commissioners of the public lots in the several towns in the county of Tompkins.

An act to amend the act entitled "An act concerning the gospel and school lots, passed April 2d, 1813." Passed February 2, 1826. Chap. 30, p. 23.

$1. Be it enacted by the People of the State of New-York, reschool lots in presented in Senate and Assembly, That it shall be lawful for the trustees of any gospel and school lot, who now are, or hereafter may be appointed in any town or towns, in the military tract, in pursuance of any law of this state, to sell the said lots belonging to their respective towns, upon such credit as to them shall appear most for the interest of their respective towns, and to receive payment for the same whenever they shall think proper.

Principal mo

nies to be invested in

loans.

Proviso.

Trustees to

$ 2. And be it further enacted, That it shall be the duty of the said trustees at all times to keep the principal monies realized from the sale of said lots, invested in loans secured by bond and mortgage upon unincumbered real estate, to double the value of the mortgage money; and for that purpose it shall be lawful for the said trustees, as often as it may become necessary, to loan the said monies upon such mortgage security, to purchase in the mortgaged premises, upon any foreclosure thereof, and from time to time, to loan any monies, and hold, dispose of and convey any lands or tenements which may become vested in them, in pursuance of their duties, as such trustees: Provided, That the said trustees shall always take security by bond and mortgage, for any loans made, or for the purchase monies due for lands sold by them: And provided also, That the rents and profits of the lands so held by the said trustees, and the interest of the monies arising from the sale thereof, shall always be applied by the said trustees according to the provisions of the act hereby amended, unless otherwise specially provided for by law.

$3. And be it further enacted, That the trustees of any of the give bonds. said lots hereafter to be appointed, shall, before they enter upon the duties of their office, execute a bond to the supervisors of their respective towns, in such penalty and with such sureties as the said supervisors shall approve, conditioned for the faithful discharge of the trust reposed in them.

Proamble.

[There are numerous special laws relating to gospel and school lots in different towns, many of which are temporary. As their provisions are substantially contained in Title 4, of Chap. 15, Part 1, R. S. (ante vol. 1, p. 497,) it has not been deemed expedient to republish them.]

Acts relating to Highways and Bridges.

[Various local laws relative to Highways, will be found under the names of the counties to which they relate.]

An act relative to state roads. Passed March 14, 1817.

Chap. 83, p. 74.

Wi WHEREAS, great inconvenience has arisen from the want of authority in the commissioners of highways, of the several towns in this

state, to alter and amend such highways as are laid out by special acts of the legislature, commonly called state roads; and in order to prevent application being made to the legislature for every alteration in said roads, as are supposed to be necessary: Therefore,

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the commissioners of highways of any town in this state, through which a state road passes, on being applied to by twelve freeholders of such town, and with the consent of the commissioners of highways of the adjoining towns through which said road passes, to regulate and alter such road, in the said town, if in their opinion the public good and convenience shall require the same: Provided however, That no such alteration shall alter the general route of the road: And also, That the provisions of the act, entitled "An act to regulate highways," relative to the alteration and amendment of public roads, shall be held to extend to such alteration, as aforesaid, of any state road.

An act for the payment of certain officers of government. Passed April 13, 1814. Chap. 187, p. 239.

ers to im

$11. And be it further enacted, That in all cases where com- Commissionmissioners or superintendents have been appointed by or in pursu- prove roads ance to any law of this state, to expend public monies for the im- and bridges. provement of roads or the erection of bridges, without any provision being made for the payment of such commissioners or superintendents for their services, it shall be lawful for the comptroller, on the final settlement of the accounts of any such commissioners, or superintendents, to allow each, at and after the rate of two dollars per day, for the time necessarily employed in the discharge of their respective duties.

An act relative to the toll bridges within this state. Passed April 15, 1817. Chap. 273, p. 325.

S1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for any person or persons crossing any toll bridge within this state, and riding any horse or mule, or driving any carriage, team, cattle, horses or mules, to travel faster than on a walk; and that any person or persons who shall, in passing over said bridge, designedly or wilfully ride any horse or mule, or drive any carriage, team, cattle or horses, 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 toll gatherer for the times being of such bridge, 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 toll gatherer or the proprietors of such bridge, shall cause a notice, in large capital letters, of the above penalty, to be fixed at some public and conspicuous place at each end of such bridge: Provided however, Nothing herein contained shall relate to the bridges over the Cayuga lake.