neglect or

be fined in a sum not exceeding one thousand dollars, A. D. 8111. or imprisoned for a term not exceeding twelve months; and also, in case the master, owner or consignee cannot Penalty for be found, or shall refuse or neglect to obey such orders, refusal to the mayor of the city of New-York, or the board of them health, shall have power to remove as aforesaid such vessel or vessels, at the expense of the master, owner or consignee.

remove

not to inter

XXXI. And be it further enacted, That nothing This act in this act shall be construed to interfere with the fere with remedies against nuisances prescribed by the com- remedies amon law.

gainst nui

sances.

how regu

and harbors

XXXII. And be it further enacted, That all vessels Quarantine having on board any person infected with any malig- the nant or pestilential fever, or coming from any place other ports whatsoever infected therewith, shall not come into any of this state. other of the ports or harbors of this state until they shall have performed quarantine for such time and in such manner as the persons herein after mentioned shall think proper to direct, to wit: For the cities of Albany and Hudson, and upon Hudson's river opposite to the said cities, and within one mile above or below the same, the person administering the government of this state, and in his absence from the said cities respectively, the mayor, and in his absence, the recorder of the said cities respectively; and for any town in this state, bordering or lying upon any port or harbor of this state, and upon the waters opposite to the same towns, any two or more justices of the peace residing therein; and if any per- Breaches son subject to quarantine as aforesaid shall violate any how punish of the regulations to be prescribed respecting the same ed. as aforesaid, he shall be considered guilty of a misdemeanor, and shall be fined by any court having cognizance thereof, in a sum not exceeding five hundred

dollars.

thereof

to be taken

tion of in

XXXIII. And be it further enacted, That it shall be Measures lawful for the said persons hereby authorised to exe- against the cute this act in the cities of Albany and Hudson, and introduefor any two or more justices of the peace in any town fectious dis in this state, to take effectual measures to prevent the introduction and spreading of any infectious distemper, into any part of this state, and for that purpose to stop,

eases in this

state.

A. D. 1811. detain and examine any person coming from any place infected with any such malignant or pestilential fever,› and if there shall be good cause to suspect any person to be infected therewith, it shall be lawful for the several persons aforesaid to cause every such person not being an inhabitant thereof to be sent out of this state, or kept in such place as will not expose the inhabitants of the same to take such distemper; and further, to appoint and authorize such and so many persons to aid in the execution of their powers aforesaid, as they shall respectively deem proper.

sicians for

be appoint

ed.

Health phy XXXIV. And be it further enacted, That it shall be Albany and lawful for the person administering the government Hudson to of this state, by and with the consent of the council of appointment, to appoint a physician in each of the cities of Albany and Hudson, to assist in carrying into effect the provisions contained in the two preceding sections of this act, and such physician who shall examine any vessel coming from a foreign port shall be entitled to receive from the commander thereof, the sum of seven dollars and fifty cents.

Fines and

how recovered and

XXXV. And be it further enacted, That all fines penalties and penalties imposed by this act, shall and may be sued for and recovered by the health-commissioners, in their names or the name of any one of them, and shall be received and applied by them towards defraying the expenses of the marine-hospital.

plied.

Persons su

ed for

XXXVI. And be it further enacted, That if any person shall be sued for any thing done in pursuance things done of this act, it shall be lawful for such person to plead act how to the general issue, and to give this act and the special matter in evidence.

under this

plead.

Former

ed.

XXXVII. And be it further enacted, That all acts acts repeal- and parts of acts of the legislature of this state, inconsistent with the provisions contained in this act, or which come within the purview thereof, be and the same are hereby repealed.

CHAP. CLXXVI.

An ACT to incorporate the Portage Turnpike Company, in the county of Chatauque.

I.

Passed April 8th, 1811.

A. D. 1811.

Portage

company

ed.

ate rights.

Bort, That E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Matthew Prendergast, William Alexander, John Dex- turnpike ter, Martin Prendergast and John Scott, and all others incorporatas shall associate for the purpose of making a good and sufficient turnpike road from Lake Erie to Chatauque Lake, shall be and are hereby created a body corporate and politic, in fact and in name, by the name of "the president, directors and company of the portage turn- Their style pike," and by that name they and their successors shall and corpor 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, in all manner of actions, suits, 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 said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatever; and that David Eason, Commiss'rs John E. Marshall and Martin Prendergast be and they to lay out appointed are hereby appointed commissioners to lay out said the road. road.

to reecive

II. And be it further enacted, That the stock of the Amount of said company hereby incorporated shall consist of seven cap'l stock. hundred and twenty shares, of twenty-five dollars each; and that Matthew Prendergast, William Peacock and Commiss'rs John Dexter shall be and hereby are appointed com- subscripmissioners to receive subscriptions for the said stock in tions apthe manner directed in and by the act entitled "An' act relative to turnpike companies," passed the 13th March, 1807.

pointed.

III. And be it further enacted, That the said company hereby incorporated shall be entitled to erect one Rates of toll gate or turnpike, and to exact and receive at the gate or turnpike to be erected on said road, the following

A. D. 1811. sums of money from all persons travelling or using the same: for every waggon drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox attached to such waggon; for every cart or other carriage drawn by two horses, mules or oxen, twelve and an half cents, and for every additional horse, mule or ox attached to such cart or other carriage, three cents; for every horse and rider, four cents; for every horse led or driven, three cents; for every cart drawn by one horse, mule or ox, six cents; for every chair, sulkey, chaise or other pleasure carriage with one horse, twelve and an half cents; for every chariot, coach, coachee or phaton, or other four wheel pleasure carriage, twenty-five cents; for every sleigh or sled drawn by two horses, mules or oxen, six cents, and so in proportion if drawn by a greater or less number of horses, mules or oxen; for every score of horses or cattle, twenty cents, and so in proportion for a greater or less number; for every score of sheep or hogs, eight cents: for every stage-waggon drawn by two horses, twelve and an half cents, and three cents for every additional horse attached to such waggon.

Rights and privileges

pany.

IV. And be it further enacted, That it shall and may be lawful for the said corporation to break the ground and work the said road twenty feet wide, but no less, any former act to the contrary notwithstanding.

V. And be it further enacted, That the said compaof the com- ny hereby incorporated shall have and enjoy all the rights, 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.

I.

CHAP. CLXXVII.

An ACT to incorporate the Spencer and Seneca turnpike company. Passed April 8, 1811. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Seneca Jacob Swartwood, Samuel Westbrook, Joshua Ferris, turnpike Andrew Purdy, Nathaniel Scofield, Joseph Barker, porated. Elijah S. Hillman, Daniel M'Quigg, Henry Miller,

Spencer &

road incor

A. D. 1811

Their style

Seba Canfield, Caleb H. Sackett, and all such other persons as with them shall associate to make a good and sufficient road, to begin at the Owego and Ithaca turnpike, at or near the house of Abel Harth, in the town of Candor, and running from thence near the dwellinghouse of Andrew Purdy and Henry Schoonover, in Spencer, thence running near the house of Isaac Lions, in the town of Catharine, to the head of the Seneca lake, so as to promote the interest of the public and of the corporation, shall be and are hereby created a body politic, in fact and in name, by the name of "the presi- and corpordent, directors and company of the Spencer and Sene- ate rights. ca turnpike road," and by that name they and their successors 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, in all manner of actions, suits, 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 said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatsoever.

cap. stock.

II. And be it further enacted, That the stock of the Amount of said company hereby incorporated shall consist of two thousand shares, of twenty dollars each; and that Commiss'rs Jacob Swartwood, Andrew Purdy, Elijah S. Hinman, appointed shall be and are hereby appointed commissioners to subscrip receive subscriptions for the said stock in the manner tions. directed in and by the act entitled "An act relative to turnpike companies," passed the 13th of March, 1807.

III. And be it further enacted, That the said compa ny 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, to wit: for every waggon with two horses or oxen, twelve and an half cents, and three cents for every additional horse or ox used before any waggon, cart or other carriage; for "every one horse cart, sixcents; for every coach, coachee,

to receive

Rates of toll