where the old bridge stood, on lot number four, in the first township of the Chenango Triangle, in the town of Lisle, in the county of Broome, said bridge to be at least sixteen feet in width, to be covered with plank of a suitable thickness, and secured by a good substantial railing on each side.

be taken.

2. If it shall become necessary, for the convenient Lands may building of said bridge, or for the purpose of erecting a convenient toll house, to take or use any land belonging to private individuals, the owner or owners thereof, shall be entitled to receive a full compensation therefor, to be ascertained, if the parties cannot agree, by the oath of twelve respectable freeholders, or the majority of them, to be designated by and summoned under the direction of the first judge or any other judge of the court of common pleas of said county, not of kin to either of the parties, or having any interest in said bridge, and upon filing a map or description of the said land in the office of the clerk of said county, to be laid out upon actual survey and adopted by said jury, and to accompany their report and assessment, and upon the payment or tender to the owner or owners, of such amount as shall be assessed, fixed or ascertained by the said freeholders, or a majority of them, and either with or without a deed from the said owner or owners, the said James Comstock, Cephus Comstock, Ashbel Wheaton, their heirs and assigns, shall become vested with the fee of the said land, to remain in common and undivided and appurtenant to the said bridge.

toll.

S3. As soon as the said bridge shall be, it shall be law- Rates of ful for the said persons above named, their heirs and assigns, to ask, demand and take, for use or crossing of the said bridge, a toll not exceeding the following rates, to wit: for every four wheeled pleasure carriage with two horses, nineteen cents, and for every additional horse, six cents; for every stage, wagon or post coach with four horses, twenty-five cents; for every cart, wagon, sleigh or sled with two horses or other beasts, twelve and a half cents, and for every additional horse or other beast, six cents; and for every cart, wagon, sleigh or sled with one. horse or other beast, nine cents; for every man and horse, six cents; for every foot passenger, two cents; for every horse, jack or mule, four cents; every cow or other neat cattle, three cents; every sheep, hog or calf, one cent.

S 4. It shall not be lawful to keep any ferry, or erect any other bridge across the said Tioughniogha river, within two miles of the said bridge so to be erected under this act, after the same shall be completed, and during the time that such bridge shall continue passable and safe; and

Penalty.

Penalty.

Time limited.

Duration of act.

Bights reserved..

if any person or persons shall erect any other bridge, or keep any scow, boat, or other vessel for the purpose of ferrying any person other than their own family, across the said river, within the distance aforesaid, and shall permit any other person except the members of their own family to pass such bridge or ferry, the owner thereof, with the person or persons passing, shall severally forfeit and pay to the said above named James Comstock and his associates, their heirs and assigns, treble the toll herein specified, with costs of suit.

$5. If any person or persons shall pass the said bridge, either forcibly or secretly without paying, and with intent to evade the payment of the toll, such person or persons shall forfeit to the said proprietors of the bridge, their heirs and assigns, the sum of five dollars for each and every offence, to be recovered with costs of suit. And if any person or persons shall dig down, remove, reduce or take away any part of the bank of the said river at or near the said bridge, so as to endanger, injure or destroy the same, or shall wilfully do or cause to be done, any act whatsoever, whereby the said bridge, toll-house or any thing appertaining thereto, or to either of them, shall be impaired, weakened or injured, the person or persons so offending shall forfeit and pay to the said James Comstock and his associates, their heirs and assigns, treble damage, with costs of suit, to be recovered in any court having cognizance thereof.

S6. If any person shall be unreasonably hindered or detained in passing over the said bridge after the same shall be completed, by any wilful act of the toll gatherer or owners or proprietors of the said bridge, such toll gatherer or owners or proprietors, shall be liable to pay to the party injured, the sum of five dollars for every such offence, to be recovered with costs of suit in any court having cognizance thereof.

S7. If the said bridge so to be built, shall not be completed within four years from the passing of this act, then this act and the privileges hereby granted, shall cease and be void; and if the said bridge shall be carried away and thrown down or destroyed by a freshet or otherwise, the said James Comstock and his associates, their heirs and assigns, shall be allowed the like term of two years to rebuild the said bridge.

$ 8. The powers granted by this act, shall be in force for twenty years after said bridge shall be completed. S 9. The legislature may at any time alter, modify or repeal this act.

CHAP. 304. ·

AN ACT to incorporate the Genesee and Wesleyan

Seminary.

Passed April 30, 1833.

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

created.

S1. Abner Chase, Glezin Filmore, Loring Grant, Ri- Corporation chard Wright, Micah Seager, Augustus A. Bennett, Ruel Blake, Asahel Warner, John Lowber, John Copeland, Lewis A. Birdsall, Gideon Laning, Francis Smith, and their successors, shall be and they are hereby constituted a body corporate by the name of the "Genesee Wesleyan Seminary," to be located at Lima in the county of Livingston, for the purpose of establishing, maintaining and conducting a seminary of learning for the education of youth of both sexes; and the persons above named shall be trustees of the said corporation.

S2. The said corporation shall have power to pur- Real estate. chase, take and hold real and personal estate, to the annual income of six thousand dollars, and to lease, sell or otherwise dispose of the same for the use of said institution.

S 3. The trustees shall have power to elect the facul By-laws. ty of the institution, form regulations and by-laws, prescribe the course of study, attend examinations and regulate the government and instruction of the students, and to fill all vacancies that shall occur in their board.

S4. There shall always be thirteen trustees of the said Trustees. corporation, a majority of whom shall constitute a quorum for the transaction of business.

$ 5. The corporation hereby created shall possess the General powers and be subject to the provisions contained in the powers. third title of the eighteenth chapter and first part of the Revised Statutes.

$ 6. This act shall take effect immediately after its pas- To take ef

sage.

feet.

Corporation created.

Stock..

Road.

Subscriptions

CHAP. 305.

AN ACT to incorporate the Troy and Schenectady
McAdam turnpike company.

Passed April 30, 1833.

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

$1. Jonas C. Heart, Nathan Warren, Richard P. Heart, Nathan Dauchy, Alsop Weed, Elias Pattison, John Schuyler, Gilbert Reilay and Griffith P. Griffith, and all such persons as shall associate with them for the purpose of making a goodand permanent McAdam turnpike road, on the most direct and convenient route from the west bank of the Hudson river opposite the city of Troy, or from the village of West Troy, to the city of Schenectady, and to terminate in the most convenient place in said city of Schenectady, shall be, for the purposes mentioned, a body politic and corporate, in fact and in name, by the name of "The Troy and Schenectady McAdam Turnpike Company;" but no part of said road shall be made within the chartered limits of the city of Schenectady, until the company shall obtain the written consent of the common council thereof.

$2. The stock of said company shall consist of two thousand five hundred shares of fifty dollars each; and Jonas C. Heart, Nathan Warren, Richard P. Heart, Nathan Dauchy, Alsop Weed, Elias Pattison, Gilbert Reilay and Griffith P. Griffith, of Troy, John C. Schuyler, of Watervliet, and Alonzo C. Paige, of Schenectady, are hereby appointed commissioners to receive subscriptions for said stock.

$3. The said road shall be laid out at least four rods wide, and at least eighteen feet of said width shall be made and constructed in manner following, that is to say:

It shall be excavated to the depth of at least twelve inches, where the ground is clayey or of an alluvial quality, and filled in to the depth of at least six inches with hard gravel, and the whole road covered over and filled in, at least six inches in thickness, with pounded stone of a durable quality, so as to form a smooth surface; and the arch of said road shall be at least three inches in the centre above the extremity of the sides thereof, with a suitable drain on each side thereof, sufficient to carry off the water therefrom.

$4. Jonas C. Heart, Nathan Warren, Richard P. Heart, Nathan Dauchy, Alsop Weed, Elias Pattison,

Gilbert Rielay and Griffith P. Griffith, of Troy; John C. Schuyler, of Watervliet; and Alonzo C. Paige, of Schenectady, shall be commissioners to receive subscriptions of stock.

$5. As soon as one-half part of said road is completed Rates of toll. in manner aforesaid, it shall be lawful for the said corporation to erect one gate on the same, and take and receive for passing the same, tolls not exceeding the following rates, that is to say: For every chariot, coach, phaton, or other pleasure carriage drawn by two horses or other beasts, eighteen and three-fourth cents, and for every additional horse or beast, three cents; for every chaise, chair, sulky or other pleasure carraige drawn by one horse or other beast, ten cents, and for every additional horse or beast, two cents; for every stage, hack, post-coach or stage wagon drawn by two horses or other beast, twelve and one-half cents, and for every additional horse or beast, three cents; for every wagon or cart drawn by two horses or other beasts, ten cents, and for every additional horse or other beast, two cents; for every wagon or cart drawn by one horse or other beast, six and onefourth cents, and for every additional horse, two cents; for every sleigh or sled drawn by two horses or other beasts, six and one-fourth cents, and for every additional horse or other beast, two cents; for every sleigh or sled drawn by one horse or other beast, four cents, and for every additional horse or other beast, two cents; for every horse and rider or led horse, four cents; for every score of horses, mules or cattle, twelve cents; for every score of sheep or hogs, five cents; and so in proportion for a greater or less number of cattle, horses, mules, sheep or hogs: And as soon as the whole of said road is completed it shall be lawful for the said corporation to erect a second gate upon the same, and demand, take and receive the like tolls for passing the same, which they are authorized to demand, take and receive for passing the gate herein first mentioned.

S6. The said corporation shall possess the general General powers, and be subject to the general restrictions and lia- powers. bilities prescribed by such parts of the eighteenth chapter of the first part of the Revised Statutes as are not repealed, except so far as the same are altered by this act.