$3. In cases where the commissioners of the land-office Payments. shall be satisfied that the payments still due on any such contract, exceed the value of the land exclusive of improvements made by the purchaser, and in cases where tenants have occupied any part of such escheated lands, by the permision of the person last seised, or of any person from whom his title is derived, with a view to the purchase thereof, the said commissioners shall cause such land to be appraised, and shall sell the same to the person who may have made such contract, or to the tenant who shall have so occupied any part of such land, their representatives or assigns, for the appraised value of such land, exclusive of improvements, upon such person or tenant complying with the provisions of this act.

when to be

S 4. Application for the benefits of the provisions of ths act, Application shall be made by the persons entitled thereto, within one year made. after the land in respect to which such application shall be made, shall have been reported by the attorney-general, to the commissioners of the land-office, as having been recovered.

$ 5. When the amount due on any contract shall have Firat paybeen ascertained, and when the appraised value of any land ments. shall have been obtained as herein provided, the applicants for the benefit of this act, shall, within such time as the commis. sioners of the land-office shall direct, pay into the treasury of this state, twenty-five per cent of the amount due on any such contract, or of the appraised value of such land, as the case may be, and execute their penal obligations respectively, for the payment of the residue of such amount, or of such appraised value, to the people of this state, in six equal annual payments, with interest at the rate of six per cent.

General to

$6. On such payment being made, and such obligation be- Surveyoring delivered to the surveyor-general, he shall give to such give certifi purchaser a certificate similar to that required to be given by cate of salethe third article of title fifth of the ninth chapter and first part of the Revised Statutes, to purchasers of unappropriated lands; which certificate shall confer on such purchaser, his representatives and assigns, the rights in the said article specified, subject to the limitations and conditions therein mentioned, in respect to the sale of unappropriated lands.

$7. The commissioners of the land-office may employ an Agentsagent to explore any lands supposed to be escheated, and to collect evidence in relation to such escheat; and the expenses incurred therein, shall be paid out of the avails of escheated lands, upon being audited by the commissioners; but such expenses shall not exceed the sum of five hundred dollars in any one year; and any expenses already incured in the employment of such agent, in relation to lands escheated by the death of John G. Leake, not exceeding three hundred dollars, shall be paid in like manner.

Costs.

$8. In case where lands escheated have been or shall be recovered in suits against tenants in possession of such lands, who would be entitled to the benefits of the provisions of this act, and such tenants shall not have contested the recovery by this state, they shall not be liable to pay the costs of such suits; but the costs and charges of the attorney-general therein, and also his costs and charges in conducting proceedings for the recovery of lands escheated against unknown owners or claimants, where such lands shall be actually recovered, for the payment of which no provision is made by law, shall be paid out of the avails of escheated lands, on the warrant of the comptroller.

Corporation created.

Stock.

Directors.

CHAP. 117.

AN ACT to incorporate the President and Directors of the Schenectady and Saratoga Bridge Company.

Passed April 12, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

$1. Resolved Givens, Nehemiah B. Bassett, Asa Sprague, Harvey Davis and Daniel D. Campbell, and all such other as shall become stockholders pursuant to this act, shall be, and they are hereby constituted a body corporate, by the rame of "The President and Directors of the Schenectady and Saratoga Bridge Company."

$2. The capital stock of the said corporation shall be divided into one hundred and fifty shares, of one hundred dollars each.

§ 3. The stock, property, affairs and concerns of the said corporation, and the manner of obtaining and paying in the subscriptions thereto, shall be managed by five directors, who shall be stockholders, and shall be annually chosen and elected on the first Monday in June in each and every year, at such place in the city of Schenectady as a majority of the directors for the time being shall appoint, of which notice shall be given in all of the newspapers published in said city, at least ten days before such election; that all elections shall be by ballot, and the person having the greatest number of votes shall be directors, and shall hold their offices for one year or until others are chosen in their places; and that the first directors shall be Resolved Givens, Nehemiah B. Bassett, Asa Sprague, Harvey Davis and Daniel D. Campbell, who shall hold their offices until the first Monday in June, in the year one thousand eight hundred and thirty-two, or until others shall be

chosen to succeed them, and that the said directors shall, at their first meeting, appoint one of their number to be president, and some proper person, being a stockholder, to be the secretaand treasurer of said company.

ry

$4. The said corporation may erect a bridge across the Bridge. Mohawk river, between the city of Schenectady and the town of Glenville, at a point commonly called the Lower ferry, or at any point between the said Lower ferry and what is commonly called the Eel-place creek, in the town of Glenville.

be entered

upon.

$5. The president and directors or other persons employed Lands may by them, may enter upon, and take possession of the land on each side of the river where said bridge shall be erected, and the said corporation on taking possession of any such land, and on receiving a conveyance thereof, in case the same shall not be a part of the public highway, shall pay the owner or owners the value of so much of the same as may be necessary for making and erecting said bridge, and establishing a gate, tollhouse, and all other necessary fixtures and works to the said bridge; and in case of disagreement between the sald parties as to such value, the same shall and may be ascertained by three disinterested freeholders of the county of Schenectady, who shall be appointed for that purpose, and sworn to make a just valuation, by any two of the judges of the court of common pleas of said county, not interested therein, on application from the said president and directors to them for such appointment. $6. Whenever the said bridge shall be completed, and the Rates of toll. fact certified by one of the judges of the county courts of the county of Schenectady, not interested, the said corporation may erect a gate, and demand and receive not exceeding the following rates of toll, to wit: every live sheep, hog or calf, one cent; "every head of horned cattle, every horse, jack or mule, led or driven, three cents; every horse and rider, six cents; every two wheel pleasure carriage drawn by one horse, jack or mule, six cents, and five cents for every additional horse, jack or mule; every four wheel pleasure carriage, the body whereof is supported by springs or thorough-braces, drawn by one horse, jack or mule, ten cents, and five cents for every additional horse, jack or mule; every pleasure waggon drawn by one horse, jack or mule, six cents, and six cents for every additional horse, jack or mule; every stage, waggon or coach, drawn by two horses, jacks or mules, twelve and a half cents, and six and a quarter cents for every additional horse, jack or mule; every freight or burthen waggon, drawn by two horses, jacks, mules or oxen, twelve and a half cents, and three cents for every additional horse, jack, mule or ox; every cart or other two wheel carriage of burthen, drawn by one horse, jack, mule or ox, six and a quarter cents; every cart or other two wheel carriage of burthen, drawn by two horses, jacks, mules or oxen, ten cents,

Penalty for

injuring bridge.

For passing

without pay.

ing toll.

Crossing bridge.

Actions.

Toll gatherer

Prohibition.

Dimensions

of bridge.

Time allow ed to build.

and three cents for every additional horse, jack, mule or ox; every sleigh or sled, drawn by one horse, four cents; every sleigh or sled drawn by two horses, jacks, mules or oxen, six cents, and three cents for every additional horse, jack, mule or ox; every foot passenger, one cent.

$7. If any person shall wilfully impair or injure the said bridge, he shall forfeit and pay the corporation, the sum of ten dollars, to be recovered in the name of the said corporation, by action of debt, with costs of suit, and shall also be liable to pay to said corporation the amount of damages sustained, to be recovered in like manner, with cost of suit, in an action of trespass.

$8. If any person or persons shall forcibly pass the gate without having paid the legal toll, such person or persons shall forfeit and pay to said corporation, five times the amount of legal toll, to be recovered as herein before provided, by action of debt, with costs of suit.

$9. It shall not be lawful for any person or persons to ride or drive over said bridge faster than on a walk, with his, her or their horses or teams; nor shall it be lawful for any driver to drive more than twenty head of cattle on said bridge at a time, on penalty of forfeiting, for every such offence, not less than one dollar, to be recovered as herein bofore provided by action of debt, with costs of suit, for the use of said corporation. $10. Every action which may be brought for the recovery of any of the penalties, forfeitures, debts or damages provided for in and by this act, shall in every case be considered as transitory in its nature.

$ 11. If any toll gatherer shall unreasonably and without cause, delay or hinder any passenger at the gate, or shall de mand or receive more than the legal toll, he shall for every" such offence, forfeit the sum of five dollars, to be recovered with costs, to the use of the person so unreasonably delayed, hindered or defrauded.

$ 12. It shall not be lawful for any person or persons, to erect any toll bridge, or establish any ferry across the said Mohawk river, except those which are now erected or established, within one mile of the said bridge, at any time when the said bridge shall be in a safe state for passing over the same.

$ 13. The said bridge shall be built not less than twenty. feet wide, of good and substantial materials, and shall be well secured by a railing on each side, not less than four feet high. $ 14. If the said bridge shall not be constructed within two years after the passing of this act, or if the same shall be carried away or destroyed, and not rebuilt within eighteen months thereafter, then the said corporation shall from thenceforth cease, and this act be null and void.

$15. The said corporation shall be subject to the provisions General contained in the third title of chapter eighteen, of the first part powers. of the Revised Stautes.

$16. Nothing in this act contained, shall authorise the erec- Ferry. tion of said bridge until the assent of the present proprietor of the ferry commonly called the Lower ferry, is first had and obtained, and a certificate thereof filed in the clerk's office of the county of Schenectady, and from the filing of said certificate, the use of the said ferry shall be discontinued, and the said president, directors and company shall be invested with. the rights and privileges in any way belonging or annexed to said ferry, unless otherwise expressed in said certificate.

waggons

$ 17. Nothing in this act contained, shall authorise the said Lumber company to demand or receive from the inhabitants of the town of Glenville or the city of Schenectady, any greater rate of toll than six and a quarter cents for every lumber waggon gon drawn by two horses, mules or oxen.

companies.

S18. Nothing in this act contained, shall prevent any mail- Rail-road road company, now or hereafter to be incorporated, from erecting a bridge across the said Mohawk river, as a part of the said rail-road, and to be exclusively confined to the vehicles and carriages used upon said rail-road.

$ 19. In case the erection and continuance of piers or oth- Damages, er works in the Mohawk river aforesaid, under this act of incorporation, shall cause any injury or damage to the lands of any person or persons situate on said river, by overflowing or otherwise, if the corporate property shall not be sufficient to pay said damages, the stockholders individually shall be liable to any person or persons aggrieved, and an action on the case may be brought against said stockholders, to recover the amount of said damages.

CHAP. 118.

AN ACT amendatory of an Act entitled "An Act to in. corporate the Fort-Edward Bridge Company."

Passed April 13, 1831.

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

$1. So much of the act entitled "An act to incorporate the Fort-Edward bridge company," as exempt from toll "all persons going to or from any grist mill, for the purpose of getting grain ground for their families' use," be and is hereby repealed.