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created.

CHAP. 143.

AN ACT to incorporate the Barker and Chenango Bridge

Company.

Passed April 8, 1842, by a two-third vote.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

Corporation § 1. All persons who shall become stockholders of the corporation created by virtue of this act, are hereby constituted a body corporate, by the name of the "Barker and Chenango Bridge Company," for the purpose of building a toll bridge across the Chenango river at Chenango forks in the county of Broome.

Capital stock

§ 2. The capital stock of the said corporation shall be two subcriptions. thousand five hundred dollars, to be divided into two hundred shares of twelve dollars and fifty cents each, which shall be deem ed personal property, and shall be transferrable in such manner as the corporation shall, in its by-laws direct; and John B. Rogers, Robert O. Edwards and George Port are hereby appointed commissioners to receive subscriptions at such time and place in the village of Chenango Forks as they or a majority of them shall designate, on public notice thereof given.

Ib.

directors.

§ 3. If the whole of the capital stock shall not be taken at the time appointed for opening the book of subscription, the said commissioners may receive further subscriptions, at such other time as they may appoint, until the whole capital stock shall be taken up; and the persons subscribing for the stock shall pay the said commissioners at the time of subscribing, one dollar on each share by them respectively subscribed.

Election of § 4. The stockholders shall meet at such time and place as the said commissioners may designate, for the purpose of choosing five directors for said corporation; such election shall be by ballot, and by a plurality of votes of the stockholders and their proxies then present, one vote to each share of stock. § 5. The said commissioners shall pay over to the directors all moneys that may have been received by them, except the sum of one dollar per day each, for every day they may have been actually employed in the business of said corporation, together with the amount they may have paid out for the benefit of said corporation.

Moneys to be paid to directors.

Calls on stockhold.

ers.

Rates of toll.

§ 6. The directors shall have power to require the stockholders respectively to make payment of all sums of money by them subscribed at such times and in such proportions as said directors shall see fit, under pain of forfeiture of the shares upon which such payments are required, and all previous payments thereon, to the corporation.

§7. As soon as the said bridge may be completed, and a certificate from any two of the judges of Broome county shall be

filed in the office of the clerk of said county, setting forth that said bridge is well and sufficiently constructed for the safe passage for loaded wagons, and other carriages, the directors may erect a gate at either end of said bridge, and demand and receive the following rates of toll from all persons passing over said bridge: For every wagon or other carriage drawn by one horse or other animal, nine cents; for every additional horse or other animal, three cents; for every sleigh or sled drawn by one horse or other animal, six cents; and for every additional horse or other animal, three cents; for every horse and rider, four cents; for ever score of horses or cattle, twenty cents, and in that proportion for a greater or less number; for every score of sheep or swine, ten cents; for every foot passenger two

cents.

to be put up.

§ 8. The said corporation shall cause to be affixed, in a con- List of rates spicuous place at the end of said bridge, near the toll gate, a list of the rates of toll that may be lawfully demanded, and if any person shall forcibly pass the gate, without having paid the legal toll, such person shall forfeit and pay to the said corporation two dollars with cost of suit; and if any toll gatherer shall unreasonably delay or hinder any passenger, or traveller, at the gate, or shall demand or receive more than the legal toll, such toll gatherer shall forfeit, for every such offence, the sum of five dollars to be recovered with costs to the use of the person so unreasonably delayed, hindered or defrauded.

clause.

§ 9. The bridge shall be built in such manner as not to in- Saving jure or impede the passage of rafts, boats, or other craft, navigating said river; and if the bridge shall not be completed within three years from the passage of this act, or after the same shall have been completed shall become impassable for the term of fifteen days, for the want of repairs, unless carried away by unavoidable accident, or taken down for the purpose of being rebuilt, or if the same shall not be rebuilt, within eighteen months, then, and in either event, the corporation shall be dissolved, and the said bridge shall become a public bridge and may be maintained at the expense of the county of Broome.

to be kept.

§ 10. If said bridge shall become impassible at any time, it Ferry when shall be the duty of the said corporation, to keep and maintain a good and sufficient ferry boat, for the passage of said stream, and shall be entitled to receive the same rates of ferriage as is above provided for tolls for crossing said bridge.

powers.

§ 11. The corporation hereby created shall possess the General powers, and be subject to the provisions of the eighteenth Chapter of the first Part of the Revised Statutes, so far as the same are applicable and have not been repealed.

§ 12. The corporation hereby created shall continue thirty Duration of years, and upon its dissolution, the said bridge shall be left act. without waste or damage and become the property of the public, and be and remain a free bridge.

Right to repeal.

confirmed.

§ 13. The legislature may at any time alter or repeal this

act.

§14. This act shall take effect immediately.

СНАР. 144.

AN ACT to confirm certain proceedings of the trustees of school district No. 3, of the village and town of Water

town.

Passed April 8, 1842.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Proceedings § 1. All the proceedings of Alexander Comins, Leonard F. Wheelock, and Forrester B. Fisher, and their predecessors in office, as trustees of school district No. 3, in the village and town of Watertown, in the county of Jefferson, in levying a tax on said district, and issuing a warrant for the collection thereof, for the purpose of paying a judgment obtained on the eleventh day of November, one thousand eight hundred and forty-one, in favor of Alanson P. Segourney, against George W. Lawrence, Calvin Wright, and Alexander Comins, then trustees of said school district, and the costs and expenses incurred in defending the suit on which said judgment was obtained, are hereby confirmed.

Saving clause.

Repeal.

§ 2. This act shall not affect any suit or legal proceeding which may have been had or commenced in consequence of the invalidity of such proceedings previous to the passage of this act.

3. This act shall take effect immediately.

СНАР. 145.

AN ACT to repeal in part “An act to appoint commissioners to lay out a road from Benedict's Mills, in the town of Maryland, to the Erie canal,” passed April 18, 1838.

Passed April 8, 1842.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The act entitled "An act to appoint commissioners to lay out a road from Benedict's Mills, in the town of Maryland, to the Erie canal," passed April 18, 1838, so far as the same relates to that part of said road which extends from a point on the Cherry Valley creek road, about five rods north of the house

to bridge.

of David D. Marks, in the town of Cherry Valley, to a point on the old road a little north of the house of Martin Dickinson, in said town of Cherry Valley, is hereby repealed: Provided Proviso as the commissioners of highways of said town of Cherry Valley shall, within eighteen months from the passage of this act, erect and build a good and substantial bridge across the Pleasant creek, on or near the site of the old bridge, near the house of Abraham Brown, and also lay out the sum of three hundred dollars in grading and improving the old road, between the points above mentioned.

commission

Cherry Val

2. The commissioners of highways of the town of Cherry Duty of Valley are hereby authorized and required to cause the old ers of highroad, between the points in the preceding section mentioned, to ways of be opened four rods in width, and to vary the line thereof, ley. whenever they may deem it necessary in order to straighten the same, or lessen the grade of the hills.

CHAP. 146.

AN ACT to amend the act entitled "An act to incorporate the Richmond Granite Company," passed May 7, 1841. Passed April 8, 1842, by a two-third vote.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

mated.

§ 1. That in case the directors named in the act to incorpo- Value how rate the Richmond Granite Company, or the directors for the to be esti time being of said company, shall not be able to agree with the owners as to the value of the granite or stone quarry proposed and intended to be wrought by said company, and of such real estate as by the ninth section of said act of incorporation, and the Revised Statutes, and which said company may be authorized to hold, the said directors may, with the consent of the owners of such real estate, apply to one of the judges of the court of common pleas of the county of Richmond, not interested in the said company, nor in such granite or stone quarry or real estate, for the appointment of three disinterested appraisers to estimate the value of the same, and the amount at which it may be put in as stock in said company; and in case the said directors of said company, and the said owners of such granite or stone quarry and real estate, shall agree upon such appraisers, the said judge shall, by an instrument in writing, signed by him, appoint the persons so agreed upon as apprai sers; and in case the said parties disagree, each party shall be entitled to name one, and the said judge shall appoint the persons so nominated, if they are free from all exceptions, and

Appraise

ment how to

be made.

Right of ap

peal.

Boundaries of the village.

such other person as said judge shall designate, to be the appraisers.

§ 2. The said appraisers, or any two of them, as soon as may be convenient after their appointment, shall proceed to make an appraisement and valuation of such granite or stone quarry and real estate, or such parts or portions thereof, as may then be required, and shall make a report or certificate of such estimate and appraisement, under their hands and seals, or the hands and seals of any two of them, which shall be acknowledged by the appraisers, signing it before one of the judges of the county of Richmond, and so acknowledged, shall be filed in the clerk's office of said county within thirty days after it shall have been made, to be by such clerk recorded in a book for recording deeds, at the expense of the said corporation.

3. The said estimate and appraisement being so made, and the report or certificate thereof filed as aforesaid, either party dissatisfied therewith may, within ten days thereafter, appeal therefrom to the then next court of common pleas of said Richmond county; and said court of common pleas shall have full power to hear and decide in the premises, the party appealing giving at least fourteen days' previous notice of such hearing to the opposite party; and in case no appeal shall be taken within ten days from the time said report or certificate shall be filed as aforesaid, it shall be deemed satisfactory and conclusive as to the value and amount at which such granite or stone quarry and real estate shall and may be taken and held by said company; and a certified copy of said report or certificate, or of the record thereof, under the hand and official seal of the clerk of said county of Richmond, shall be legal and sufficient evidence of the same.

4. This act shall take effect immediately.

CHAP. 147.

AN ACT to amend an act entitled "An act to incorporate the village of Fort-Plain," passed April 25th, 1842.

Passed April 8, 1842, by a two-third vote.

The People of the State of New-York represented in Senate and Assembly, do enact as follows:

§ 1. The corporate limits of Fort-Plain village are hereby enlarged, beginning at the northerly corner of the present chartered limits at the Mohawk river, on the northerly end of lot number four, thence up along said river as it winds and turns along lot number three, also along lot number two in said Bleecker's patent, until it strikes the little stream emptying into said river near Jacob Abeel, Jr. thence westerly up along said

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