til a new election for trustees of the said village shall be made pursuant to this act, and until the trustees, so last chosen, shall take and subscribe the oath or affirmation of the office of trustee. bye-laws. XIV. And be it further enacted, That the said trus- Fines for tees, or the major part of them, may make, ordain, li- breaches of mit and provide, such reasonable fines against the offenders against any breaches of the bye-laws which they shall from time to time make, ordain and publish, as they may think proper, not exceeding twenty dollars for any one offence, to be prosecuted and recovered before any justice of the peace, or court having cognizance of the same, with costs of suit, by the trustees to and for the use of said corporation. XV. And be it further enacted, That this act shall be and is hereby declared to be a public act, and the same shall be construed in all courts benignly and favorably for every beneficial purpose therein intended. CHAP. CLI. An ACT authorising the Comptroller to loan Money to Seth Capron and the Milton Manufacturing Company. W Passed June 12, 1812. HEREAS Seth Capron hath, by his petition to the Legislature, represented, that by his great exertions he has succeeded in introducing a number of valuable artizans into this state, and in organizing several extensive associations for carrying on the manufacture of cotton and wool: And whereas it appears by his representation, that in the course of his said undertaking he has expended large sums of money, and incurred extensive pecuniary responsibility, and prays that a loan may be made to him to enable him to complete the valuable works already commenced: Therefore, I. Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the comptroller be and he is hereby authorised to loan to the said Seth Capron, six thousand dollars out of the first monies which shall be in the treasury, arising from the school fund, at the rate of six per centum per annum: Provided, That the said Seth Capron shall execute a bond to the people of this state, conditioned for the annual payment of the interest, and for the repay. ment of the principal in seven years, and secure the same, by mortgage, on sufficient real estate within this state, to be approved by the comptroller. II. And be it further enacted, That it shall be lawful for the comptroller to loan to the Milton manufacturing society, in the county of Saratoga, six thousand dollars out of the first monies which shall be in the treasury, arising from the school fund, at the rate of six per centum per annum: Provided, That the said Milton manufacturing society shall execute a bond to the people of this state, conditioned for the annual payment of the interest, and for the repayment of the principal in seven years, and secure, or procure the same to be secured, by mortgage, on sufficient real estate within this state, to be approved by the comp troller. CLII. An ACT to authorise Dean Edson and James McCrea to erect a Dam across a part of the River Boquet. Passed June 12, 1812. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That it shall and may be lawful for Dean Edson and James McCrea, their heirs and assigns, to erect and maintain dams across the northerly half of the river Boquet, in the county of Essex, above the navigable waters or lower falls thereof, adjacent to the patent of land orig inally granted to James Ross: Provided always, and upon this express condition, that there shall be left a slope in such dams not exceeding forty-five degrees, or by removing the obstructions cf such dams in any other manner so that salmon may freely pass into the waters above such dams, under the penalty of two hundred dollars, to be recovered with costs of suit, by action of debt, the one half of which forfeiture, when recovered, shall be paid to the prosecutor, and the other half to the overseers of highways of the town where such recovery shall be had, to be applied to the repairing of roads in such town: And provided also, That the said dams shall not extend farther south than to the middle of the said creek: And provided also, That nothing in this act contained shall be deemed to impair any right heretofore vested in any person or persons whatsoever: And provided further, That nothing in this act contained shall be construed to authorise the said Dean Edson and James McCrea, their heirs or assigns, to erect or maintain any dam or dams on the said river, at the place or places aforesaid, to extend farther than to the centre of the said stream, commencing on the north hank of the said river Boquet, above or below the said navigable waters or lower falls thereof, or either of them: And provided further, That nothing in this act contained shall prevent any person or persons claiming and owning the lands on the south side of the said river, at the place aforesaid, from erecting and maintaining a dam or dams across the one half of the said river, or the navigable waters or lower falls thereof, commencing such dam or dams on the south bank of the said stream, and extending the same from the said bank to the middle of the said river, and no farther, without the consent or approbation of the said Dean Edson and James McCrea, their heirs or assigns: And further, That if either of the said parties shall extend their dam or dams, so by them erected and maintained, or hereafter to be erected and maintained, farther than as aforesaid, it shall and may be lawful for the party offended against to remove such part of such dam or dams as shall be so erected or ex ended farther than to the centre of the said stream, unless the parties aforesaid, their heirs or assigns, shall agree to the same, any thing herein to the contrary hereof in any wise notwitstanding: And provided further, That it is the true intent and meaning of this act, and of the provisoes therein contained, that as well the owners and occupants of the lands on the southerly side of the said river Boquet, as the said Dean Edson and James McCrea, their heirs or assigns, the owners of the land on the northerly side of the said river, shall be entitled to and enjoy an equal moiety or half part of the waters of the said river. Preamble. be elected. CHAP. CLIII, An ACT to amend an Act, entitled “An Act to establish a Turnpike Corporation for opening and improving a certain Road therein designated, within the Counties of Oneida and Chenango." WH Passed June 15, 1812. HEREAS the president, directors and company, of the Oneida turnpike road have, by their petition, represented to the Legislature that the road laid out in pursuance of the act hereby amended, has been found by experience not to have been laid, as to a part thereof, over the most eligible ground, and that there is too great a number of directors required by the said act; that said corporation are allowed too many toll-gates, and that the toll is too high; and that they have not sufficient funds to complete said road, and have prayed for relief in the premises; Therefore, I. Be it enacted by the people of the state of Newirectors to York, represented in senate and assembly, That it shall be lawful for the stockholders of the said corporation, at their annual meetings, forever hereafter, to elect five directors, and no more, to manage the concerns of the said corporation, any three of whom shall form a quorum for business. They may alter the route of the road. Chord of the reduced to II. And be it further enacted, That the said direc tors may make such alterations in the route of said road, between the school-house, in Peterboro, and the house of Cornelius Dockstader, in Vernon, as they shall judge most for the benefit of the stockholders and the public good, the damages occasioned by such alterations to be ascertained and paid according to the provisions of the act hereby amended. III. And be it further enacted, That the chord of the arch may be arch of said road may be reduced to twenty-two feet, any thing in the act hereby amended to the contrary notwithstanding, 22 feet. may be ad stock. IV. And be it further enacted, That the said direc- 300 shares tors be and they are hereby authorised to add to the ded to the original stock of said company so many shares, of twenty dollars each, as they shall think necessary, not exceeding three hundred, and to dispose of the same for the benefit of the said corporation. V. And be it further enacted, That after the completion and inspection of the said road, agreeably to the act hereby amended, it shall be lawful for the said president, directors and company, to erect two full toll-gates, and one half toll-gate, and no more, which full toll-gates shall be at least ten miles distant from each other, and the half toll-gate at least six miles from either full toll-gate; and the rate of toll shall be reduced so that said corporation shall not hereafter be allow、 ed to demand or receive any more toll at a full tollgate than by law is allowed to be received at a full toll-gate upon the third great western turnpike road, and shall not demand or receive any more than half the said toll at the half toll-gate. Two full tollone half tollerected. gates and gate may be ded to com road. VI. And be it further enacted, That the time for Time extencompleting the said road is hereby extended to three plete the years from and after the passing of this act, any thing in the act hereby amended to the contrary notwithstanding; and the said directors are hereby allowed six months from the end of said three years to lodge an account, shewing the whole expense of said road, with the comptroller. CHAP. CLIV. An ACT to amend the Act, entitled "An Act to B Passed June 15, 1812. Boats not to 5 1-2 feet I. E it enacted by the people of the state of NewYork, represented in senate and assembly, That be less than from and after the passing of this act it shall and may be lawful to use and employ, in the ferries between the wide. |