Channel of

creek to bu improved.

Lands.

the amount due on their shares in an action of debt, assumpsit, or on the case, in any court having cognizance thereof.

$10. The corporation hereby created, is authorised and empowered so to deepen or otherwise improve the channel of the Esopus creek, and remove such rocks, stones and other impediments therein, as would otherwise prevent or impede the floating of logs, timber and wood down said stream, from the most convenient point or place in the Esopus creek, opposite the town of Kingston, or upwards, and for the purpose of anchoring or otherwise fixing side booms or oblique cross booms in the said stream where necessary, and for all necessary purposes to pass along the said stream with their necessary materials and implements, and agents and workmen for accomplishing the object of this incorporation; but always so as not to do any material injury to the banks and adjoining fields, and also not to destroy any present existing bridges, fords, dams or other useful improvements over or along said. stream, without compensating the owner or owners of such improvements therefor, in damages to be ascertained in manner hereinafter mentioned.

S 11. The said president, directors and company, may agree with the owner or owners of such lands, or for any land and materials for the amount of compensation which the owner or owners of such lands or materials shall be entitled to for the taking or occupancy thereof, for the purpose of carrying into effect the objects of this incorporation; and in case of disagreement between the said parties respecting the value thereof, then it shall be lawful for the said president and directors to apply to one of the judges of the court of common pleas of the county of Ulster, nearest to where such land and materials are, who is hereby authorised and required to appoint three disinterested persons, being freeholders of said county of UIster, by warrant under his hand and seal, to appraise and estimate such value; and it shall be the duty of the said president and directors forthwith to notify such persons, of their said appointment, who or any two of them, shall thereupon name a day for their meeting, for the purpose above mentioned, and also to give notice to such owner or owners of such land or materials, of the appointment and meeting of said appraisers, at least four days previous to such meeting, when and where the said appraisers will meet for the purpose above mentioned; and each of the appraisers shall, before he proceeds to execute the trusts reposed in him by this act, take and subscribe an oath or affirmation before one of the justices of the peace,

in and for the county aforesaid, that he will without favor or partiality, estimate and assess the damages, if any, which may be sustained by the owner or owners of any lands, improvements or materials which the said president and directors may deem necessary to use or occupy for the carrying into effect the objects of this act: and the said appraisers shall thereupon proceed to view the premises, and having determined the damages which the owner or owners of the said lands or materials shall respectively sustain, shall make an inquisition under their hands and seals, or the hands and seals of any two of them, stating the amount of such damages respectively, if any; which inquisition shall be filed in the office of the clerk of said county; and the said president and directors shall pay to the judge, who has made such appointment, and issued such warrant, one dollar for his said services, and to each of the said appraisers, for each and every day necessarily spent in attending to the duties required of them by this act, two dollars: Provided however, that nothing in this act contained, shall be so construed as to authorise the said president, directors and company, or any person or persons whomsoever, under them, to use such lands or materials, until they shall have paid or tendered the amount of such appraisal or agreement to such owner or owners, for his, her or their use.

$12. Any person or persons owning or occupying lands Dama. on the banks of the said creek or its branches, may erect as many dams as he, she or they shall deem proper across said creek, provided they shall so construct the said dams as not to interfere with, or in any wise prevent or hinder the floating and passing of any logs, timber or wood that may be thrown into said creek or its branches for the purpose of floating as aforesaid, and not otherwise.

S 13. From and after having improved the channel of Rates of toll.. said creek, so as to render it practicable for the floating of timber, logs or wood as aforesaid, it shall and may be lawful for said president, directors and company, to demand, collect and receive the following rates of toll for twenty miles, and in like proportion for a greater or less distance on all logs, timber or wood transported down said creek and its branches or any part thereof, from the owner or owners of any such lumber, or of any person or persons having the same in charge, to wit: For every thousand feet of timber, either sawed or hewed, reckoned inchboard measure, fifty cents; for every thousand feet of pine, hemlock or spruce, in logs calculated in inch-board measure, fifty cents; and for every other kind of timber in logs, computed into board measure, seventy-five cents; and

for all kinds of plank or other sawed timber not before mentioned, fifty cents per thousand feet; for every cord of wood, fifty cents.

S14. The said president and directors are hereby authorised to appoint one or more agents or toll-gatherers adjacent to said creek, to demand and receive the said tolls above granted: and if any person or persons shall run any lumber on said creek or its branches, without having paid to the said agents or one of them, the amount of tolls above granted, or shall turn any kind of lumber adrift on said creek, apparently for the avoidance of tolls, or shall in any case render a false account of the quantity of lumber, either in timber, logs or wood, and distance, that he or they shall at any time cause to be run upon said creek, such person shall be liable to pay to the said president, directors and company, four times the amount of tolls that might otherwise have been demanded on such lumber, to be recovered in an action on the case, with costs of suit, before any court having cognizance thereof, of the owner or owners, or of any other person aiding or assisting in running such lumber contrary to the true intent and meaning of this act.

$15. If any person or persons shall obstruct or injure the channel of said creek in any manner whatsoever, so as to hinder the floating of timber as aforesaid, such person or persons shall forfeit and pay the sum of ten dollars. for each and every offence, to be recovered, with cost of suit, in an action of debt or otherwise, for the use of said company; this section to be so construed that it shall be considered as a new offence for every day that any such obstruction or other injury may remain in said creek.

$ 16. The corporation shall possess the general powers of a corporation, as defined in the eighteenth chapter, title third of the first part of the Revised Statutes, and shall be subject to the provisions contained in that title; and the corporation, and all the other persons concerned therein, or in any way affected thereby, shall be subject to the provisions of the twentieth chapter, title fifteenth of part first of the Revised Statutes, so far as the same may be applicable.

S17. Every person, other than the said president, directors and company, who shall put any timber, logs or wood into the waters of the said Esopus creek or its branches, above the cross boom hereinafter provided, for the purpose of floating thereon, shall select some mark different from any mark previously recorded, and put the same in a conspicuous place upon each log or stick of tim

ber or wood so put into said creek or its branches, and shall cause his mark to be recorded by the town clerk of the town of Kingston, whose duty it shall be to enter the same in a book to be kept by him for that purpose, which shall be subject to the inspection of any person requiring it; and the said clerk of the town of Kingston shall be entitled to a compensation of twenty-five cents for entering every such mark, to be paid by the person requesting the same to be entered; and a copy of such entry, certified by such clerk, shall be received as presumptive evidence in all courts in this state, that the lumber having such mark is the property of the person by whom such mark was selected and recorded; and all timber, logs or wood, floating upon the waters of said creek and its branches, without being marked as aforesaid, shall be deemed to be the property of the said president, directors and company.

$ 18. The said president, directors and company are Booms. hereby required at all convenient times for floating logs, timber and wood, to keep a good and sufficient boom across the said creek, so as to prevent the property of every person using the said stream for the purposes aforesaid, from floating beyond or across the said boom, and they shall be liable to such damage as any person may sustain in consequence of such neglect.

$ 19. The president, directors and stockholders of the Further im said corporation are further fully authorised and empow-provements ered so to improve the navigation of the said creek hereafter, if deemed practicable for the navigation of boats and arks or other crafts, and when so improved, to be entitled to such rates of toll as the legislature shall hereafter provide.

$20. The legislature may at any time alter, modify or Rights re repeal this act.

served.

CHAP. 194.

AN ACT to incorporate the Willsborough manufacturing

company.

Passed April 22, 1833.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. George Throop, William D. Ross and John W. Corporation Anderson, and such other persons as may be associated with them, are hereby declared and constituted a body corporate, by the name of the "Willsborough manufac

created.

turing company," for the purpose of manufacturing cotton and woollen goods and machinery, window and other glass, and iron, in all its various branches, or either of them separately, in the town of Willsborough, in the county of Essex.

Stock. S 2. The capital stock of the corporation shall be one hundred thousand dollars, which shall be divided into four thousand shares of twenty-five dollars each; and it shall be lawful for said corporation, when fifty thousand dollars shall be subscribed, to commence the said business, and with that capital to carry on the operations of the corporation, until they may find it convenient to extend their capital, which they are authorised to do from time to time, to the amount heretofore stated.

Subscriptions $3. Subscriptions to the capital stock of said corporation shall be opened under the direction of the trustees hereafter named; and it shall be the duty of the trustees for the time being, to call for and demand of the stockholders respectively, all such sums of money by them subscribed, at such times and in such proportions as they shall see fit, under the penalty of a forfeiture of their shares and all previous payments made thereon to the said corporation; always giving thirty days notice by their clerk or agent, in writing, to each stockholder of such call or demand.

Directors.

Transfers:

S4. The stock, property and concerns of the said corporation shall be managed by three trustees, to be chosen annually on the second Monday in April, in each year, at such place as the trustees, for the time being, shall direct; and the first election for trustees shall be on the second Monday in April, one thousand eight hundred and thirtyfour: and George Throop, Wm. D. Ross and John W. Anderson shall be the trustees from the time this act shall take effect and until others are elected in their stead. Thirty days' previous notice, in writing, of every election under this act, shall be given by the trustees to each stockholders, and such election shall be holden under the inspection of the trustees for the time being, and shall be by ballot, by plurality of the votes of the stockholders, allowing one vote for every share.

$ 5. The stock of said corporation shall be deemed personal property, and assignable and transferable upon the books of the corporation; but no stockholder indebted to the corporation shall be permitted to make a transfer, or receive a dividend, until such debt be paid to the satisfaction of the trustees.