A. D. 1811. day, and so to open and adjourn the said court from Court may day to day until the judges of the said court, or one of proceed to them, shall appear, when the said court shall and may, with one proceed to business as if the same had been opened and judge. adjourned by a judge thereof.

business

ances upon

may be tak.

judge of

common

pleas.

*Recogniz- III. And be it further enacted, That if any person process of shall hereafter be arrested upon any process issuing out supreme of the said court whereon a recognizance may now be en before taken before one of the judges of the said court, it shall and may be lawful for any judge of any court of common pleas in this state to take any such recognizance, and thereupon to deliver the same to the officer who shall make the arrest, whose duty it shall be to transmit the same, with the process, to the clerk of the supreme court residing at the place where the court shall be to be holden on the return of such process and recognizances so taken, shall be deemed as valid as if taken before a judge of the said supreme court.

Act to re

I.

CHAP. LXXXIX.

An ACT to repeal the act therein mentioned, and to revive the act entitled "an act to restrain hawkers, pedlers and petty chapmen from selling without li cense in this state," passed April 9th, 1804. Passed March 30, 1811. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That ers & ped- the act entitled "An act to restrain hawkers and peded lers, and to repeal the act entitled "an act to restrain hawkers, pedlers and petty chapmen from selling without license in this state," passed the fifth of April, one thousand eight hundred and ten, shall be and is hereby repealed.

strain hawk

lars repeal

Act to restrain hawk

lers from

II. And be it further enacted, That the act to restrain ers & ped- hawkers, pedlers and petty chapmen from selling withsellingwith-out license in this state, passed April ninth, one thourevived sand eight hundred and four, is hereby revived, any

out licences

thing in the act for repealing the same notwithstanding: Provided, That nothing in this act contained shall be so construed, or taken to affect, or bar any recovery or penalty incurred under the act hereby repealed, if the prosecution for said penalty shall be commenced before the passing of this act.

to be issued

to transmit

III. And be it further enacted, That the said licenses, A. D. 1811. directed to be granted in and by the act hereby reviv- Licences ed, shall be issued in the month of April in each year, in April and at no other time; and that a certified list of the only names of the several persons shall be by the tenth day of June next, and on the tenth of May in every Secretary succeeding year, transmitted to the several county lists of pedclerks throughout this state, whose duty it shall be, immediately upon the receipt thereof, to send a trans- counties cript of such list to every judge, assistant justice and their duty justice of the peace who shall at the time be in com- to such lists mission in and for said county.

CHAP. XC.

An ACT to explain the act entitled "An act to incorporate the Phoenix insurance company of New-York. Passed March 30, 1811. HEREAS doubts have been entertained whether the Phoenix insurance company of NewYork may loan money on bond and mortgage, to remove which,

WH

Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That it is lawful for the said company to loan on bond and mortgage such monies as they shall think proper, at the rate of legal interest, under such rules and regulations as the directors of the said company shall adopt.

I.

BE

CHAP. XCI.

lars

Clerks of

in relation

galls and

An ACT to incorporate the Washington and Saratoga turnpike road company. Passed March 30, 1811. E it enacted by the people of the state of NewYork,represented in Senate and Assembly, That Charles Ingalls, Simon Stephens, junior, Samuel Heath, junior, Stephen Estee, Harvey Granger, John Tayler Charles Inand Jared Weede, and all such other persons as shall as others sociate with them for the purpose of making a good and made a sufficient turnpike road, to commence from the west porate side of the town of Arlington, in the state of Vermont, on the north side of Batton-Kill, and running from thence to Church's mills, thence to Downing's bridge over said Kill, thence to the Baptist meeting-house in

body cor

corporation

A. D. 1811. Greenwich, thence to Fort-Miller bridge, thence to Saraoga Springs, and to continue on the most direct and convenient route towards Johnstown until it strikes the line of Montgomery county, so as to promote the interest of the public and the corporation, shall be and are hereby Style of the created a body corporate and politic, in fact and in name, and its cor- by the name of "the President, Directors aud Company of the Washington and Saratoga turnpike road company," and by that name they shall be capable in law to purchase, have, hold, enjoy and retain to them and their successors, lands, tenements, hereditaments, goods, chattels and effects of every kind whatsoever, provided such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and for no other purpose what

porate rights.

Capital stock

socver.

II. And be it further enacted, That the stock of the said company hereby incorporated shall consist of two thousand one hundred and sixty shares, of twenty-five dollars each; and Bethel Church, Aaron M. Perine, Commis- Andrew Vantite, Ziba Tayler and Uriah Benedict shall sioners to be and are hereby appointed commissioners to receive scriptions subscriptions for said stock, in the manner directed in and by the act entitled "An act relative to turnpike companies," passed the thirteenth day of March one thousand eight hundred and seven.

receive sub

Rates of toll

III. And be it further enacted, That the said company hereby incorporated shall be entitled to exact and receive at each of the gates or turnpikes to be erected on the said road from all persons travelling and using the same, the following rates of toll: for every score of sheep or hogs, eight cents; for every score of cattle, horses or mules, twenty cents; for every horse and rider, four cents; for every led or driven horse, three cents, for every sulkey, chair or chaise with one horse, twelve and an half cents; for every cart drawn by one horse or mule, six cents; for every chariot, coach, coachee or phaton drawn by two horses, twenty-five cents, and three cents for every additional horse; for every stage waggon or other four wheeled carriage drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse,

mule or ox; for every cart drawn by two horses, mules A. D. 1811. or oxen, twelve and an half cents, and for every additional horse, mule or ox three cents; for every sleigh or sled drawn by two horses, mules or oxen, six cents, and in like proportion for a greater or less number of horses, mules or oxen.

privileges

IV. And be it further enacted, That the said company hereby incorporated shall have and enjoy all the Rights and rights, privileges, powers and immunities which are of the corgiven and granted in and by the aforesaid act entitled poration. "An act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations contained in the said act: Provided nevertheless, That the wages or compensation of the commissioners for laying out said road shall be two dollars per day, and no more, any thing in any former act to the contrary notwithstanding.

CHAP. XCII.

An ACT to incorporate the Black River and the Sackett's Harbor turnpike company.

I.

Passed March 30th 1811.

E it by people of the

New

IB York, represented in Senate and Assembly, That Commiss

to be ap

road.

commissioners be appointed by the person administer-oners. ing the government of this state to lay out a turnpike pointed to road from the village of Lowville, in the county of lay out the Lewis, on the most direct and eligible route to the bridge which crosses Deer river, near Munger's mills, in the town of Denmark, in the said county; thence through the village of Watertown, in the county of Jefferson, to the intersection of the road in the village of Brownville, near the school-house in said village, and also from the said bridge near Munger's mills, to Sackett's Harbor, the diverging point of the said roads from Munger's mills to be determined on by the said commissioners: Provided, That the road leading to Sackett's Harbor shall diverge from the road leading to the village of Brownville, east of the west line of the town of Rutland, in the county of Jefferson.

Company

the road in

II. And be it further enacted, That Daniel Kelly, for making John Paddock and John Brown, and all such persons corporated.

and corpor

A. D. 1811. as shall associate with them for the purpose of making a good and sufficient turnpike road from the said village of Lowville to the said bridge near Munger's mills, and thence through the village of Watertown to the village of Brownville aforesaid, be and they are hereby created a body corporate and politic, in fact and in name, Their style by the name of "the president, directors and compaate rights. ny of the Black river turnpike road," and by that name shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and by that name and style shall be in law capable of purchasing, holding and conveying any estate real and personal, for the use of the 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 the corporation, and to no other purpose

Capital

to receive

whatsoever.

III. And be it further enacted, That the stock of stock. the said company shall consist of fifteen hundred shares of twenty-five dollars each, and that Daniel Kelly, John Commis's Paddock and John Brown shall be and hereby are apsubscrip- pointed commissioners to receive subscriptions for pointed. said stock in the manner directed in and by the act entitled "an act relative to turnpike companies," passed the 13th day of March, 1807.

tions ap

TV

And be it further enacted, That the said company hereby incorporated shall be entitled to exact and receive at each of the gates er turnpikes to be erected on said road from all persons travelling or using the same; the following rates of toll for every score of sheep or hogs, eight cents; for every score of cattle or mules, twenty cents; for every horse and rider, four cents; for every led or driven horse, three cents; for every sulkey, chair or chaise with one horse, twelve and an half cents; for every cart drawn by one horse, six cents; for every chariot, coach, coachee or phaton, twenty-five cents; for every stage ggon or other four wheeled carriage drawn by two horses, mules or