tendant to salt made A. D. 1811. of salt, on said salt reservation, monthly to render an account, on oath, to the said superintendent, of all salt made, as also the quantity of salt sold at his or their manufactory, which oath the said superintendent, or either of his deputies, is authorised and required to administer, without fee or reward; and it Superin- shall be the duty of said superintendent, to enter into keep an ac- a book, to be by him provided for that purpose, against count of the number of each manufactory, the quantity of salt so reported to have been made and sold as aforesaid, inspection. as also in an additional column, the quantity of salt presented for inspection, in each month; from each and every manufactory on the said salt reservation. Penalty for V. And be it further enacted, That if any such manrendering ufacturer shall fraudulently and corruptly render a count or e- false account to the said superintendent, of salt so vading pay ment of du-made and sold as aforesaid, or shall be detected in eties. vading the payment of the duties imposed on salt by and pre sented for false ac Superintendant this act, and shall be thereof convicted in due course of law, such manufacturer shall, in addition to the penalties heretofore prescribed, forfeit to the people of this state his lease of the salt works and out lands by him occupied. VI. And be it further enacted, That the superinconsidered tendent of the said salt springs, for the time being, as possess shall be deemed and considered in possession of all reserved the lands belonging to the people of this state, reserved springs. for the use of the said salt springs; and in case any ing lands for salt to institute cover pos person intruding on the same shall refuse or neglect to remove from off the said lands, on being required so to do by the said superintendent, he shall be and Authorised hereby is empowered to institute and maintain such proproceed- ceedings against such intruder, for the detaining posings to re- session of said land, as is given to the owners of land session. in and by the act entitled "An act to prevent forcible Defendant entries and detainers;" and the defendant shall be enmay re- titled to have such proceedings removed into the suceedings to preme court by certiorari as is therein provided, on upon cer- his depositing with the judge or commissioner, allowtions. ing the same a bond, in a penalty of one hundred dollars, with one sufficient surety, conditioned for the move pro Sup. court tain condi payment of the costs in case the recovery shall be for A. D. 1811, the plaintiff in the court below. certain VII. And be it further enacted, That the said super- Sup. tohave intendent shall have, at all times, one deputy at the deputies at village of Liver pool, one at the village Salina, and one at places. the village of Geddes, for the inspection of salt, and each of said deputies shall, before he enters upon the duties of his appointment, take and subscribe an oath faith- take an oath fully to execute the trust reposed in him, according to the several laws in relation to the said salt springs, to the best of his knowledge and ability. Who are to allowed the VIII. And be it further enacted, That in addition to Compensathe compensation heretofore allowed the said superin- tion, additendent, there shall be allowed him on account of the tional one, increased duties of his office, and the compensation of super. his said deputies, the further sum of three hundred and fifty dollars per annum, payable in the same manner as the salary heretofore allowed. IX. And be it further enacted, That for one year Duties payfrom the first day of May next instead of the rents and able on salt. duties payable on said salt manufacturing lots, in and by the laws by this act revived, a duty of three cents per bushel be and hereby is made payable on all salt manufactured at the said salt springs, to be paid on inspection of such salt, in the manner prescribed by the said acts so revived: Provided always, That noth- Proviso. ing herein contained shall operate to discharge the lien of the state on said salt manufacturing lots, for the collection of any rents that may accrue after the expiration of said one year, in case the duty imposed by this act, instead of the rents and duties aforesaid shall not be continued by law, or for the collection of arrearages of rent which may remain due on the said first day of May next. onets to ex X. And be it further enacted, That the said commis- Commissi sioners do proceed with all convenient speed to exe- ecute their cute the trust reposed in them: and whenever it shall trust. appear to them that any occupant of land not having a valid lease thereof, hath in good faith erected a salt manufactory thereon, under any lease, certificate or permit, from any of the superintendents, fairly obtain. wardleases. In what case to a A. D. 1811. ed, and not improperly located, they shall award him entitled to a lease of land on which such manufactory stands, together with so much marsh or meadow land, not exceeding the quantity heretofore leased to him, as they may deem him reasonably entitled to, for the same term, and with the same provisions as are contained in the leases mentioned in the act, entitled "an act authorising the superintendent of the Onondaga salt springs to lease to the manufacturers of salt the lots they now occupy, and for other purposes," passed 3d April, 1807. Occupant when re XI. And be it further enacted, That if any occupant not exhibit of land, within said reservation, shall neglect or refuse ing his title to exhibit to said commissioners the evidence of his quired, de- title to the same, when thereunto required by them, such occupant shall be deemed and considered an intruder on the lands belonging to the people of this state, and shall be proceeded against by the attorneygeneral accordingly. clared an intruder. Super. in leases, ex XII. And be it further enacted, That the said suhibited perintendent be and is hereby inhibited from giving from giving any further leases of lands at the said salt springs, except in eer- cept as aforesaid, until further legislative provision is made in the premises; and it shall be his duty to preTo prevent erection of vent any further erection of salt manufactories on the lands heretofore reserved by law for public uses. tain cases. works on lands reserved. of lots to be XIII. And be it further enacted, That every transfer Transfers of any lot or part of a lot of the lands leased of the state, made by permission of the said superintendent, in pursuance of the laws relative thereto, shall be recorded in the office of the clerk of the town of Salina, or in default thereof shall be deemed fraudulent and void as against any subsequent bona fide purchaser, and the said clerk shall be allowed to take for recording such transfer twenty-five cents. XIV. And be it further enacted, That it shall and 2acres to be may be lawful for the surveyor-general of this state, Jaid out and and he is hereby required to cause to be laid out, two making salt acres of land on such part of the said salt reservation evapora as he may deem proper, for the purpose of making salt leased for by είσαι. by evaporation other than by fire; and it shall there upon be lawful for the said superintendent, and he is A. D. 1811. hereby required to lease the same for that purpose, for the term of seven years, free of rent or duty, to such person or persons as he may deem proper; and the said superintendent shall be and he is hereby authorised to allow them any surplus water for the purpose aforesaid. take effect the 1st day of May XV. And be it further enacted, That the provisions This act to of this act shall not be deemed to take effect, except as to the appointment of the commissioner therein named, and the powers of the said commissioners, until the first day of May next. CHAP. LXXVII. An ACT authorising Samuel Pratt to build a toll W Passed March 29th, 1811. HEREAS Samuel Pratt, by his petition presented to the legislature, hath prayed for leave to build a toll bridge over Buffaloe creek, in the county of Niagara, at the most eligible site for the accommodation of the public travel from the village of NewAmsterdam to the mouth of Cattaraugus Creek, and it appearing that such bridge, when erected, will be of great public utility; Therefore, next. others au thorized to build a toll cross Buffa I. BE it enacted by the people of the state of NewYork, represented in senate and assembly, That it shall S. Pratt & be lawful for the said Samuel Pratt to build a bridge over said creek at such place as shall be designated by bridge athe judges of the court of common pleas of said coun- loo creek. ty of Niagara, whose duty it shall be, on the applica tion of the said Samuel Pratt', to examine and designated by the most eligible site for the erection of said bridge, judges of for which services they shall respectively be entitled to pleas. receive three dollars for each day they shall be neces. Their cosarily employed in ascertaining and fixing said site, to pensation. be paid by the said Samuel Pratt. Site to be common when to be II. And be it further enacted, That said bridge shall Width of be not less than eighteen feet wide; built in a substan- bridge and tial and workmanlike manner, and shall before the ex- completed. piration of two years from and after the passing of this A. D. 1811. act be so far complete as with safety to admit the ing of carriages of every kind. When tolls may be taken. Rate there of for seven years to come, then com. pleas. pass III. And be it further enacted, That so soon as said bridge shall be so far completed as safely to admit passing as aforesaid, it shall and may be lawful for the said Samuel Pratt to erect a gate at one end of said bridge to effect the collection of toll at the following rates, to wit, for a person and horse, six and one quarter cents; for every head of neat cattle, two cents; for every horse, mare or colt, three cents; for every sheep and to be fixed hog, one cent; for every waggon, carriage or sleigh by court of drawn by two horses, mules or oxen, twenty-five cents, and for every additional horse, mule or ox, six cents; for every carriage, waggon or sleigh drawn by one horse, twelve and an half cents, and for every footman, three cents, (excepting that all persons passing on foot who reside within three miles of said bridge shall be permitted to pass free of toll) which said rates of toll it shall be lawful for the said Samuel Pratt, his heirs and assigns to demand and receive for the term of seven years from and after the passing of this act, and further, it shall be lawful for the said Samuel Pratt, his heirs and assigns, for the term of eleven years thereafter to receive such rates of toll as the court of common pleas of said county, in their sessions shall from time to time authorise and direct, so as the same shall not exceed the rates of toll as prescribed in and by this act. Unlawful to IV. And be it further enacted, That it shall not be bridge with lawful for any person or persons whatever, to erect or dister or cause to be erected any bridge, or keep any ferry over this. or across said creek between its confluence with lake erect a in a certain of vate bridge. Erie and one mile above the said bridge, unless for the * private use of the proprietor or proprietors, and if any private bridge shall be erected or ferry kept, and the Except pri- proprietor or proprietors of such bridge or ferry shall permit any carriages or cattle, other than those actually Penalty for belonging to himself or themselves, to cross such allowing bridge or ferry, such proprietor or proprietors shall pay &c. to pass unto the said Samuel Pratt, his heirs and assigns, treble the toll herein before specified, to be recovered in any suit or action of debt, before any justice of the peace having cognizance thereof. carriages, private bridge. |