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from them, their treasurer, or other persons in their employ, bonds in sufficient penalties, with such sureties for the faithful discharge of their trust, as they think proper, to discriminate in their discretion, in the toll they shall receive under this act, between empty and laden vessels, and to reduce the same ; and further, in their discretion, to estimate the toll, either according to the tonnage of vessels, or rafts, or to charge a specific toll on every particular article, but the aggregate toll on particular articles shall not exceed upon a ton weight of such articles, the
toll authorised by this act. Lands may be IV. And be it further enacted, That it shall be lawful for the taken & used.
said corporation to take and use any land, whethe. under water or not, for the purposes of navigation, during the continuance of
this incorporation. Locks how to V. And be it further enacted, That the locks and canals
constructed under this act, may be of such breadth as the said board shall determine, provided they shall be not less than twelve feet broad at the bottom or base, nor any lock less than scventy feet long between the gates thereof; and further, it shall be lawful for the said president and directors, or any person by their authority, to enter into and upon any lands, whether covered with water or not, to procure stone, timber or earth, necessary to build the locks and canals of said corporation, and to keep them in repair, and that without the leave or permission of the owner, and to dig, trench and use the said lands to construct the said canal and its embankments, and to keep the same in res
pair, and to erect locks and toll houses thereon, and for no other Proviso. purpose : Provided always, That when any lands or materials
shall be taken without the consent of the owner, for the use of the said corporation, the directors shall within sixty days there. after, apply to a justice of the supreme court, or a judge of the court of common pleas of the county of Cayuga, not being interested in the premises, to cause the damages of such owner to be appraised, which justice or judge shall thereupon by war. rant under his hand and seal, appoint three disinterested commissioners, who shall before they enter upon the duties of their office, take and subscribe an oath, well and faithfully to appraise the damages of such individual, and value the materials ; and before they make the appraisement or valuation, they shall give the owner or occupant notice, by leaving the same with him or at his place of abode, if in this state, of the time and place of such appraisal ; and the damages so appraised by such commissioners, shall be paid by such corporation within sixty days thereafter, or tendered to the person in whose favor the damages are so appraised, or in default thereof, such corporation shall be deemed
trespassers, and liable to be sued as such, by virtue of this act. Kates of toll. VI. And be it further enacted, That the toll-gatherers or
their deputies, under this act, may demand and receive from all boats, vessels, rafts, or other articles, passing through the canals and locks constructed by virtue of this act, such toll and rates for every ton weight of the ascertained burthen of such boats or vessels, and for every hundred feet cubic measure, of timber, and one thousand feet board measure, of boards, planks, or scantling in rafts, as the board of directors shall determine, but the toll in the whole, shall not exceed two dollars for every ton of the loading of any such boat or vessel, and so in proportion for the timber, boards, plank, scantling, or other articles; but boals of a burthen of less than a ton, shall pay the toll for a ton ; and further, if any owner or supercargo shall request it, it shall be lawful for the toll-gatherer, and such owner or supercargo, each to choose one person to measure and ascertain such burthen, and to mark the same on such boat or vessel, which mark shall always be evidence of the burthen, in payment of toll ; but if the owner or supercargo should refuse or decline to choose a a person on his behalf, as aforesaid, then the toll-gatherer may appoint one for him, and such person shall have the same power and authority as if chosen by such owner or supercargo ; and further, the toll-gatherers may respectively stop and detain any boat or vessel subject to and not paying toll, until such toll be paid, or may destrain sufficient of the cargo to pay the same, and after thirty days to sell the same at public vendue unless the toll be sooner paid, and the overplus, if any, to retain for the use of the owner, after deducting all charges incident to the seizure, detention and sale ; and further, if any person shall wilfully do any act whereby any lock, canal, gate, engine, machine, or other thing thereto pertaining, shall be injured or damaged, such offender shall pay fourfold damages and costs to the said corporation, recoverable in any court having jurisdiction thereof: Provided always, That the said corporation shall not proviso. be permitted to ask or demand any toll under this act, until the locks and canals aforesaid shall be completed in the whole extent from the Seneca to the Cayuga lakes: Provided further, That the toll to be taken upon any boat, shall be thirty cents per ton upon the tonnage of said boat : Provided further, That one half and no more of the aforesaid toll shall be demanded or received, for passing from the Seneca lake to the head of the Seneca falls, or from thence to the Seneca lake : loading charged with toll under this act, shall be computed in this manner, to wit : two hogsheads of liquor, one ton ; eight barrels of liquor, salt, beef, or pork, one ton; six barrels of pot or pearl ashes, one ton ; ten barrels of flour, one ton ; forty bushels of wheat, rye, corn or beans, one ton ; eighty bushels of oats, one ton. - - VII. And be it further enacted, That the rules and articles Certain roles prescribed in and by the sixth section of the act entitled “ an act to be adopted. for the establishing and opening lock navigation within this state," except the first, second, fourth, fifth, tenth and eleventh articles, shall form and be fundamental rules of the corporation hereby erected. No person shall be eligible as director who shall not be a stockholder, and resident in this state at the time of such election : dividends shall be made and declared once at Dividende least in every year, and twice, if the board of directors think and transfers proper : no transfer of stock shall be made but in the manner directed by the board of directors.
VIII. And be it further enacted, That the eighth and tenth Comptroller sections of the act referred to in the foregoing section shall ap- subscribe.com ply to the corporation hereby created, as if the same were here sharos. inserted; and further, whenever one thousand shares shall have been subscribed to the corporation, it shall be lawful for the comptroller of this state, and he is hereby required to subscribe on behalf of this state, five hundred shares, and thereupon to is.
sue his warrant to the treasurer to pay the necessary deposit out of the treasury, and such further sums as may from tiine to time be required by the said board o such shares, in like manner as other stockholders shall be required to pay, but not otherwise ; and the comptroller shall be entitled to vote on such shares, either in person or by proxy, in like manner as other stockholders; and the dividend to which this state shall be entitled shall be paid to the treasurer thereof.
IX. And be it further enacted, That whenever the navigation may be used shall be completed, any owner or occupant of any land adjoinfor mills, &c.
ing the said outlet may use the waters for mills, or other hydraulic works, but such use shall at no time impede the passage of boats, or other water craft or articles, or injure or affect the
navigation, or the canals, locks, or dams, or appurtenances belongProviso. ing to the said corporation : Provided, That nothing in this act
shall authorise the said corporation to use any of the waters of said
outlet for any other purposes than for the navigation aforesaid. Cuts may be X. And be it further enacted, That it shall be lawful for the made from owner or occupant of lands adjoining the said outlet and canal to
make from the canals all necessary cuts, at their own expense, to conduct the water to their mills, or other hydraulic works, so however as not to impede the navigation aforesaid, or prevent the
company from the use of so much water as at all times shall be Proviso. necessary for the purposes of said navigation : Provided, That
such owner or occupant shall not claim any payment for the stone, gravel or timber to be used by said company in making
said canals and locks, or for the land taken therefor. Accounts of XI. And be it further enacted, That the said president and the expenses directors shall, within six months after said locks and canals are to be lodged completed, lodge in the comptroller's office of this state an ac.
count of the expenses thereof; and the corporation shall annualfice.
ly exhihit to the comptroller a true account of the income
arising from said toll, with the annual disbursements on the said Annual ro. locks and canals ; and that the said company shall so regulate ceipts limited to 12 per cent.
of their receipts and rates of toll at all times during the continu
ance of their charter, that the amount of their annual receipts shall not exceed twelve per cent over and above all their neces
sary expenditures, Surveyor-. XII. And be it further enacted, That the surveyor-general of general to be director. this state shall always be one of the directors of the said company,
in addition to the number of directors herein before provided for. This a public' XIII. And be it further enacted, That this act shall be and is act.
hereby declared a public act, and to be construed favorably to Provisu. the said corporation : Provided however, That the locks and
canals shall be completed within five years from the passage of this act ; and if the same are not so conpleted within the time aforesaid, this act and every thing herein contained, shall cease and be void.
in the comptroller's ot.
Passed April 6, 1813. WHEREAS hy the petition of Joshua Conkling, guardian of three orphan children of Mary Elmer, deceased, it is represented
that the said Mary Elmer died about three years ago, leaving three orphan children, and possessed of very little personal properly, but entitled to one undivided seventh part of about forty acres of land, situate in the village of Florida, in the county of Orange aforesaid, which in its undivided state is unproductive, and that he has expended all the personal property of the said Mary towards the support of her said children, and hath advanced a considerable sum of his own money towards the support of said children, and that he cannot in justice to himself advance a further sum, and prays that he may be authorised by law to sell and dispose of the interest of the said orphan children in the said lot of land for their benefit : Therefore,
BE it enacted by the people of the state of New York, re. presented in Senate and Assembly, That it shall be lawful for Joshua Conkling, guardian of the said infant children, to sell in fee, for the best price that can be gotten for the same, the said real estate, and put the money arising from such sale at interest, on good landed security, and to apply the interest of the money arising from the sale of said lands to the maintenance and education of the said children, and so much of the principal as shall be necessary for that purpose, to pay the surplus to them respectively, according to their right in said land, when they respectively arrive to the age of twentyone years : Provided,
That said guardian shall, before he makes such sale, give á bond with two sureties, to be approved by the chancellor of this state, to the said children, in such sum as the chancellor shall direct, for the faithful execution of the said trust, which bond shall be filed in the office of the register or assistant register of the said court.:
CHAP. CALVI. An ACT to alter the Time of holding Town Meetings in the se. veral towns in the county of Montgomery.
Passed April 6, 1813. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That from and after the first Tuesday of April instant, the town meetings in the several towns in the county of Montgomery shall be held on the first Tuesday in March annually, and that all such town officers, whose duty it is to meet on the last Tuesday in March, shall meet on the last Tuesday in February in every year, to do and transact such business as to their respective offices may ap. pertain.
Passed April 6, 1813. WHEREAS Reuben Hopkins, George D. Wickham and proshe others, by their petition to the legislaturc, have prayed to be incorporated for banking purposes : Therefore,
Company. I. BE it enacted by the people of the state of New York, repre. incorporated.
sented in Senate and Assembly, That all persons by virtue of this act becoming stockholders of said bank be and they are hereby ordained, constituted and declared to be from time to time, until the first Tuesday in May, which will be in the year one thous
and eight hundred and thirty-three, a body politic, and corpore Their style
ate, in fact and in name, by the name of the “ President, Diand powers.
rectors and Company of the Bank of Orange County," and that by that name, they and their successors, until the said first Tuesday of May, in the said year one thousand eight hundred and thirty-three, 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 whatsos ever ; and that they and their successors may have a common seal, and may change and alter the same at their pleasure ; and also that they and their successors, by the same name of the president, directors and company of the bank of Orange county, shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of the said corporation.
II. And be it further enacted, That a share in the said bank shall be fifty dollars, and the number of shares shall not exceed eight thousand, and that no individual shall hold at any one time more than two hundred shares of the said stock, and that James W. Wilkin, George D. Wickham, David M. Westcott, John G. Hurtin, James Wheeler, John Barber and James Finch, junior, are hereby appointed commissioners, any five of whom to constitute a board for the purpose of opening books on the first Monday of May next, at some proper place in the vi). lage of Goshen, and that the same be kept open for three days successively in that week, and for three days successively in the succeeding week, in which all persons inclining to associate for the purpose of establishing a bank in the said village of Goshen, shall subscribe such number of shares as they respectively wish, depositing at the same time with the said commissioners the sum of two per cent on the amount of each share by them so subscribed ; and if the number of shares so subscribed, shall exceed eight thousand, the said commissioners shall apportion the excess among the several subscribers, in proportion to the shares subscribed ; and the said commissioners shall be the inspectors of the first election for directors, and shall certify under their hands the names of those duly elected, and deliver over to them or their order, the subscription books, together with the deposit money on the stock so subscribed.
Ill. And be it further enacted, That the stock, property, af. managed,
fairs and concerns of the said corporation shall be managed and conducted by thirteen directors, who shall hold their offices for
one year, which directors shall be stockholders and citizens of Election this state ; and that the first election of directors shall be held
at the court house in Goshen on the first Monday of June next, and each succeeding election for directors shall be held thereafter on the first Monday of June in each year, at such place and hour of the day as a majority of the directors for the time being (who shall upon all occasions constitute a board for the