on lands of A.D. 1811. them by any white person to be defended, and to cause to be commenced and prosecuted all such actions for Actions for them as he may think necessary and proper; and that trespasses any suits which may be so commenced for trespasses said Indians committed by any white person on the lands called the to be brot Onondaga reservation, now possessed by the said Inof the peo- dians, shall and may be prosecuted in the name of the state. people of this state, and the damages recovered shall Damages be distributed by the said agent among the said Inrecovered dians as he shall think just. in the name ple of the how distrib the office of uted. III. And be it further enacted, That it shall be lawGov. to fill ful for the person administering the government of this vacancy in state for the time being, in case of a vacancy in the agent du said office of agent at any time during the recess of the cess of the legislature, to fill such vacancy, and the person so aplegislature. pointed shall hold his office until the legislature shall make a new appointment. ing the re Compensa agent. IV. And be it further enacted, That the said agent tion to be entitled to the same compensation for his services, and to be paid in like manner as the compensation heretofore allowed by law to the attorney for said Indians. And whereas a claim is set up by the Oneida nation Preamble. of Indians to the lands occupied by the Brothertown and Stockbridge Indians; and whereas several tracts of the land occupied by the Brothertown and Stockbridge Indians have been sold in fee simple under the authority of the state; and whereas the said claim is likely to create controversies and disputes between the said Indians, and will materially affect the interest of the state: Therefore, Gov. au investigate V. Be it further enacted, That the person administhorised to tering the government of this state be and he is hereby authorised to cause the said claim of the Oneida dians to cer Indians to be investigated, and in case the said Oneida tain lands nation of Indians shall appear to have any just, legal or Oneida In equitable claim to the lands occupied by the said Brothertown and Stockbridge Indians, to cause the said claim to be purchased, or otherwise extinguishAnd to ex- ed; and that the treasurer on the warrant of the comptinguish it. troller, pay to the order of the person administering the government of this state, the expenses and con- A. D. 1811. sideration money of such investigation and purchase. CHAP. LXXX. An ACT to establish a Ferry across the Delaware river. I. IB York, represented in Senate and Assembly, That E it enacted by the people of the state of New to erect a river. it shall and may be lawful for the president, directors Certain and company of the Newburgh and Cochecton turn-authorised pike road, and the president, managers and company ferry across of the Cochecton and great Bend turnpike road to set up, Delaware keep and maintain a Ferry over and across the Delaware river, from the western end of the Newburgh and Cochecton turnpike road, in the town of Bethel, and county of Sullivan, to the eastern end of the Cochecton and great Bend turnpike road, made near Damascus mills, in the county of Wayne and state of Pennsylvania. Good boats manned. II. And be it further enacted, That the said presi- to be kept dent directors and company, and the said president, and well managers and company shall keep, support and maintain a good and sufficient scow or scows, boat or boats for the accommodation of passengers, and for the transportation of horses and cattle, goods and chattels, back and forth over and across the river Delaware, at the place in the last section mentioned; and the said scow or scows, boat or boats shall be well manned, and shall at all reasonable times and seasons transport and carry over and across said river, back and forth, persons goods and chattels. III. And be it further enacted, That the said presi- Rates of dent, directors and company, and the said president, ferringe. managers and company, shall be entitled to receive, the following rates or prices of ferriage at the said ferry, that is to say: for every sleigh or sled drawn by two horses, mules or oxen and its contents, twenty-five cents; every man and horse, twelve and an half cents; every four wheeled carriage made or constructed for carrying passengers and drawn by two horses, thirty-seven and a half cents, including its contents; everv four wheeled carriage made or construct A. D. 1811 ed for carrying goods, wares and merchandise, drawn by two horses, mules or other beasts, and its contents, twenty-five cents; every of the above mentioned carriages when drawn by a greater number of horses, mules or other beasts, six cents for every additional beast; every chair or sulkey drawn by one horse, and its contents, twenty-five cents; every sleigh, cart or waggon drawn by one horse, mule or ox, nineteen cents; every cart drawn by two oxen, twentyfive cents; every hog or sheep, one cent; cattle, horses or mules, six cents each; every person on foot, three cents; every hundred pounds of any kind of goods, wares or merchandize actually sold by weight, three cents; every bushel of wheat, or any other thing usually sold by the bushel, one cent; every hogshead of any kind of liquor, twenty-five cents; every barrel of any kind of liquor, six cents, and every article not herein mentioned in a just and equitable proportion to age. those ennumerated. IV. And be it further enacted, That if the said presPenalty for ident, directors and company, and the said president, taking ille. gal ferri- managers and company, or any person keeping said ferry, shall take, exact or receive any greater or higher rates or prices for transporting persons, goods and chattels, or any other thing or things, than are in the last section limited and established, they shall forfeit for each offence the sum of five dollars, to be recovered in an action of debt in any court having cognizance thereof, in the name of the person aggrieved, and for his use, with costs of suit. For neg keep the ferry. V. And be it further enacted, That if the said preslecting to ident, directors and company, and the said president, managers and company shall wilfully neglect to keep or cause the said ferry to be kept according to the true intent and meaning of this act, they shall foreit and pay the sum of five dollars for each offence, to be recovered by the overseers of the poor of the town of Bethel, and in their name, in an action of debt, with costs of suit, for the use of said town, in any court hering cogniz. ance thereof. For trans cros said in a certain VI. And be it further enacted, That if any person A. D. 1811. or persons, inhabitants or residents in this state, other than the said president, directors and company, and porting the said president, managers and company, or those goods a employed under or by them, shall carry or transport river withany persons, goods, chattels, wares, or merchandise distance of for pay, hire, or otherwise, across the said river in the this ferry. distance of one mile above and one mile below the place hereby established for the ferry to be kept, every such person or persons shall forfeit for every such offence the sum of five dollars, which said fines and forfeitures mentioned in this section may be recovered by the said president, directors and company, and the said president, managers and company, and to their use, with costs of suit, in an action of debt, in any court having cognizance thereof: Provided, That nothing in this Proviso. section shall be construed to prevent any person from transporting himself or any of his family, or his or their goods and chattels, in his own boat or vessel, or to prevent any person crossing the said river on the ice, or to subject them to a fine for so doing. Bonds be filed by nies in VII. And be it further enacted, That before the establishing of said ferry, the said president, directors and Botto company, and the said president, managers and com- the compapany, shall cause bonds, duly executed to the people of clerk's of this state, in the sum of five hundred dollars, by two fice. sufficient freeholders resident in Sullivan county, to be filed in the clerk's office of said county, conditioned for the keeping of said ferry according to the true intent and meaning of this act, for one year; and also, that they shall cause a bond with like condition, once in every year to be filed in said office; and if the said president, Penalty for directors and company, and the said president, mana- to file such gers and company shall neglect to file such bond for bond. three months after the passing of this act, or for twenty days after the expiration of each year, then and in either case the grant of said ferry herein made is to be considered void and of no effect, any thing in this act to the contrary thereof notwithstanding. neglecting how recoy VIII. And be it further enacted, That the penalties Penalties, and forfeitures mentioned in the fourth and fifth sections ered. of this act, when incurred, may be recovered in an ac A. D. 1811. tion of debt, of and from the person or persons keeping or attending said ferry, or of and from either of the persons who may enter into bends as specified in the last section, and may be sued for and recovered in any court having cognizance thereof, with costs of suit, and applied for the purposes in this act mentioned. This grant to continue IX. And be it further enacted, That the exclusive for twenty privilege herein created, of keeping a ferry across the aforesaid river, shall continue for and during the term of twenty years next ensuing the passing of this act. years CHAP. LXXXI. An ACT to amend the act entitled "an act to incorporate the Schoharie-Kill bridge company," passed the 30th day of March, 1802, and for extending the limits of the road therein mentioned. Passed March 29, 1811. WHEREAS the president and directors of the Schoharie-Kill bridge company have by their Preamble, petition presented to the legislature, under their common seal, prayed that the said company may have lib. erty to make a good and sufficient turnpike road, com mencing at the Susquehannah turnpike road, near the house of John S. Bradford, in the town of Blenheim, in the county of Schoharie, to run in the most direct and convenient route to the Schoharie-Kill bridge, and from thence so as to intersect the Susquehannah turnpike road at or near the village of Shingle-Kill, in the town of Cairo, in the county of Greene: Therefore, stock may I. BE it enacted by the people of the state of New. ed. York, represented in senate and assembly, That it shall and may be lawful for the president, directors and company of the Schoharie-Kill bridge to increase the capital stock of the said company by adding thereto and disposing of one thousand shares, at twenty dollars each, so that the whole stock of the said company Gates num-shall amount to fifteen hundred shares. Capital be incréas ber of and where to be erected. II. And be it further enacted, That it shall and may be lawful for the said president and directors to erect three gates on said road, and no more, to be placed as follows, to wit: one within two miles of the SchoharicKill bridge, the second not less than ten miles from the |