in whom the title to the same is now vested: And whereas the parties have agreed to settle the said suit at law by mutual releases, the said Robert Ross in behalf of himself, and as guardian for the aforesaid infants, to release to the said Enos Parker, or to such person as he shall appoint, two hundred and fifty acres of land in the said tract, including the houses, out houses and improvements of the said Enos Parker and Enos Parker, junior, his son, to be laid out and surveyed in the most convenient form, before the said Enos Parker and his son Enos Parker, junior, releasing to the said Robert Ross, James R. Smith and Ann Smith, all their right and title to the remainder of the said tract: And whereas by the petition of the said Robert Ross, the legislature are requested to authorize the said Robert Ross, as guardian to the infants aforesaid, by law to release their right and title to the said two hundred and fifty acres: Therefore,

I. Be it enacted by the people of the state of NenYork, represented in Senate and Assembly, That it shall and may be lawful for the said Robert Ross, as guardian to the said James R. Smith and Ann Smith, to release all their right and title to two hundred and fifty acres of land in the aforesaid moiety of the patent granted by the said James Clark, by Simon Stevens his attorney, to Robert Ross, deceased, which said two hundred and fifty acres of land are to be surveyed and laid out so as to include the buildings and out houses and improvements of the said Enos Parker and Enos Parker, junior, upon the said Robert Ross receiving a release from the said Enos Parker and Enos Parker, junior, for the use of himself and the said infants, of all their right and title to the remainder of the said tract of one thousand and fifty acres,

II. And be it further enacted, That the release to be executed as aforesaid shall be firm and effectual against the said James R. Smith and Ann Smith, and extinguish their title to the aforesaid two hundred and fifty acres of land: Provided, That the release to be executed by the said guardian shall not conclude the rights of the said infants therein, unless the chancellor

of this state shall, after a hearing in the premises, on petition or otherwise, endorse on such release a certificate under his hand, purporting that the compromise authorized by this act, is in his opinion advantageous to the said infants.

CHAP. XIX.

An ACT to incorporate the Pottsdam and Hopkinton
Turnpike Road Company.

I.

B

Passed February 5, 1813.

B. Ray

others in

E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Benjamin Raymond, Liberty Knowles, Perez Paulk, mond and Phinehas Durfey, Henry M'Laughlin, Benjamin W. corporat Hopkins, and all such other persons as shall associate ed for the purpose of making a good and sufficient turnpike road, to begin at or near the bridge over the river Rackett, in the village of Pottsdam, and from thence on the best and most direct route to intersect the St. Lawrence turnpike road, near the dwelling-house of Benjamin W. Hopkins, in the town of Hopkinton, and their successors, be and are hereby created a body corporate and politic by the name of "the president, direc- Theirstyle tors and company of the Pottsdam and Hopkinton turnpike road,” and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts whatsoever, in all manner of actions and complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided, That such estate, Proviso, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of said corporation, and for no other purpose whatever.

II. And be it further enacted, That the stock of said Stock. company hereby incorporated shall consist of five hun

toll.

Rates of,

dred shares of thirty dollars each, and that Benjamin Raymond, Liberty Knowles, Perez Paulk, Phinehas Durfey, Henry M'Laughlin and Benjamin W. Hopkins be and they are hereby appointed commissioners to receive subscriptions for the said stock in the manner directed in and by the act entitled "An act relative to turnpike companies," passed the thirteenth day of March, eighteen hundred and seven.

III. And be it further enacted, That the said company hereby incorporated shall be entitled to ask and receive at the turnpike gate or gates to be erected on said road, for any number of miles not less than ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, from all persons travelling or using the same: for every cart or waggon drawn by one horse, mule or ox, six cents; for every cart or waggon drawn by two horses, mules or oxen, twelve and an half cents, and for every additional horse, mule or ox, the further sum of three cents; for every stage-waggon, chariot, coach, coachee, phaton, curricle, or other pleasure carriage drawn by two horses, twenty-five cents, and for every additional horse, six cents; for every chair, sulkey or chaise with one horse, twelve and an half cents, and in like proportion for every additional horse; for every horse rode, six cents; for every horse led or driven, four cents; for every sleigh or sled drawn by two horses, oxen or mules, six cents, and for every additional horse, ox or mule, three cents; for every sleigh or sled drawn by one horse, ox or mule, six cents; for every score of cattle, horses or mules, twenty cents; for every score of Proviso. hogs or sheep, eight cents: Provided, That nothing in this act contained shall be construed to entitle the said corporation hereby created to demand or receive toll at any gate of or from any person passing to or from public worship, or a funeral, to or from a gristmill for the grinding of grain for his family's use, or to or from a blacksmith's shop to which he usually resorts, or from any person or persons who are entitled to vote, when going to or returning from any townmeeting or election for the purpose of giving a vote, or

from any person going for a physician or midwife, or returning, or from a juror or witness going to or returning from court, having been legally summoned or subponed, or from any troops in the service of this state, or of the United States, or from any person going to or returning from any training, where by the laws of this state they are required to attend: And provided also, That not more than one half of the above toll shall be demanded or received from any waggon or other carriage passing upon said road the tire or track of the wheel whereof is six inches wide, nor more than one fourth part of the above toll from those of nine inches wide; and that the president and directors shall cause to be affixed and kept up at or over each gate, in some conspicuous place where it may conveniently be read, a printed list of the rate of toll which may be lawfully demanded.

Further proviso.

Dimensi

IV. And be it further enacted, That it shall and may be lawful for the company hereby incorporated to com-ons of the plete the turnpike road hereby authorized, according road. to the dimensions and in the manner prescribed for making and completing the St. Lawrence turnpike road, in and by an act entitled "An act to incorporate the St. Lawrence turnpike road company."

V. And be it further enacted, That Benjamin Ray- Commitmond, Perez Paulk and Benjamin W. Hopkins, or any tee to lay two of them, be a committee to survey and lay out said road according to their best judgment and understanding, for the benefit of the public, without favor or partiality.

VI. And be it further enacted, That the company Privileges hereby incorporated shall have and enjoy all the rights, &c. privileges, powers and immunities which are given and granted in and by the aforesaid act, entitled "An act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations contained in the said act, except so far as is otherwise herein provided and enacted.

D. Parish

ated.

I.

B

CHAP. XX.

An ACT to incorporate the Parishville Turnpike Road Company. Passed February 5, 1813. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That and others David Parish, Louis Hasbrouck, Nathan Ford, John incorpor- Tibbetts, Junr. Benjamin Raymond, Daniel Hoard, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the court-house in Ogdensburgh, in the county of St. Lawrence, and from thence on the best and most practicable route to the bridge over the river Rackett, in the village of Pottsdam, and from thence to intersect the St. Lawrence turnpike near the mills in Parishville, on the most practicable route, and their successors be and they are hereby created a body Theirstyle corporate and politic, by the name of "the president, directors and and company of the Parishville turnpike road," and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors, shall and may have continual succession, and be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts whatsoever, in all manner of actions and complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding, and conveying any estate, real and personal, for the use of the Proviso, said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of said corporation, and for no other purpose whatsoever.

Stock.

II. And be it further enacted, That the stock of said company hereby incorporated shall consist of one thousand shares of fifty dollars each, and that Benjamin Raymond, David Parish, John Tibbetts, Junr. Louis Hasbrouck and Daniel Hoard be, and they are hereby appointed commissioners to receive subscriptions for the said stock, in the manner directed in and