CHAP. CLXVII.

An ACT for the Relief of John Bogart

Passed April 9, 1813.

James Le

ving the nav

river Hudson,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That James Le Grange is Grange appointed a hereby appointed one of the commissioners instead of John Bo- commissiongart, for improving the navigation of the Hudson river from the er for improcity of Albany to the overslaugh at Coeymans; and that so soon igation of the as Hugh Boyd, Gilbert Stewart and James Le Grange shall execute a bond to the people of this state, in the penalty of twenty thousand dollars, conditioned for the faithful expenditure of ten thousand dollars heretofore advanced by the treasurer of this state, in pursuance of the act entitled "an act for the further improvement of the navigation of the Hudson river between the village of Troy and Coeymans overslaugh," it shall be lawful for the comp- John Bogart's troller to cancel the bond heretofore executed by Hugh Boyd, cancelled. Gilbert Stewart, and John Bogart in pursuance of the said act.

CHAP. CLXVIII.

An ACT to incorporate the Broome County Manufacturing

Company.

Passed April 9, 1813.

bond to be

I. BE it enacted by the people of the state of New-York, rep- T. Whitney resented in Senate and Assembly, That Joshua Whitney, Tracy and others inRobinson, Marshal Lewis, Mason Whiting, Christopher Eld- corporated. ridge, James M'Kenney, and all such other persons as shall associate for the purpose of establishing a manufactury of cotton and wool in the town of Chenango, in the county of Broome, shall be and they are hereby created and made a body politic and corporate, in fact and in name, by the name of " The Broome County Their style, Manufacturing Company," and by that name they and their successors, for the term of twenty years, shall have continual succession, and shall be persons in law capable of suing and being sued, defending and being defended in all actions and matters whatsoever, have a common seal, and change the same at pleasure; purchase, take, hold and convey any estate, real or per sonal, necessary for the objects of the incorporation.

&c.

how to be managed.

II. And be it further enacted, That the stock, property and Concerns concerns of the said corporation, shall be managed and conducted by five trustees, who shall be stockholders, and shall be annually elected on the first Monday in April, at such time of the day and at such place within the village of Chenango Point as the by-laws of the said corporation shall direct; and public notice shall be given of the time and place of holding such election not less than ten days previous thereto, in such manner as the by-laws shall direct; and the election shall then and there be made by such of the stockholders as shall attend for that purpose, either in person or by proxy; and all elections shall be by ballot, cach share in the stock having one vote, and the five persons having the greatest number of votes shall be the trustees; and whenever any vacancy shall happen among the trustees by death, resignation, or removal out of the state, such vacancy shall be fill

Elections.

Proviso.

Stock.

By-laws may be made.

Proviso.

A dam may be built across the Sus

river.

ed for the remainder of the year by the remainder of the board for the time being.

III. And be it further enacted, That in case it should at any time happen that an election of trustees should not be made on the day when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful to hold an election of trustees in such manner as shall have been regulated by the laws and ordinances of the said corporation.

IV. And be it further enacted, That the stock of the said company, shall consist of two thousand shares of fifty dollars each ; and it shall be lawful for the said trustees to call and demand from the stockholders respectively all such sums of money by them subscribed at such time and in such proportion as they shall see fit, under pain of forfeiture of their shares and all previous payments made thereon, if such payments be neglected to be made for the space of ten days after the same ought to be made, and thirty days previous notice of such call and demand shall have been given to such stockholder, or published in any newspaper printed in the said county of Broome,

V. And be it further enacted, That the trustees for the time being shall have power to make and prescribe such by-laws, rules and regulations as shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, the duties of the officers, artificers and servants by them employed, the election of trustees, and all such matters as appertain to the concerns of the said corporation, to appoint such and so many officers, clerks and servants for carrying on the business of the said corporation, and with such allowances as to them shall seem meet : Provided, That such by-laws be not inconsistent with the constitution or laws of this state or of the United States.

VI. And be it further enacted, That it shall and may be lawful for the said Joshua Whitney, Tracy Robinson, Marshal quehannah Lewis, Mason Whiting, Christopher Eldridge, James M'Kenney, or so many of them as shall associate for the purpose, to erect and maintain a dam across the Susquehannah river, near the Chenango point, in the said town of Chenango, not exceeding four feet in height above low water mark: Provided however, there shall be left in said dam a place sixty feet in width which shall be one foot and an half lower than the other parts of the said dam, with an apron of an even ascent from the bottom of the river to the top of said lowest part of said dam not less than seventy feet in length to admit the passage of rafts and boats down and fish up the said river, each side of which apron shall be secured with timber or strong plank two feet above the same, in such manner as to prevent boats and rafts running off the sides of said apron in passing over the same : Proviso. And provided further, That the said persons so as aforesaid authorised to build such dam shall make compensation to Theodore Burr for any and all such private damages as he may sustain by an apron of such dam being an injury to his mill already erected, the amount of such damages to be ascertained, in case the parties interested cannot agree therein, by three disinterested commissioners to be appointed for that purpose on the ap

plication of either party, by the person administering the gov ernment of this state: And provided further, That the dam to be erected by the said company shall be erected above and not less than fifty rods from the mouth of the Chenango river.

CHAP. CLXIX.

An ACT to authorise Alterations to be made in the Road from the Little Falls to Oppenheim, and for another purpose.

Passed April 9, 1813.

the route of

I. BE it enacted by the people of the state of New-York, rep Commiffion resented in Senate and Assembly, That Jacob Markell, Andrew ers to alter A. Finck and Ezekiel Belding, or any two of them, are hereby the road. appointed commissioners to make such alterations in the road heretofore laid out by virtue of the act entitled "an act to appoint commissioners to lay out a certain road therein mentioned," passed the ninth day of April 1811, as they shall deem the public good requires, and they shall cause an accurate map and survey to be made of such alterations, and filed in the office of the clerk of the town in which any such alteration shall be made, and the provisions contained in the third section of the act above mentioned shall extend and apply to any lands on which any such alterations shall be made.

tiing disputes

De Bruyu's

II. And be it further enacted, That the ninth section of the act Time extendentitled "an act for settling disputes and controversies between ed for setthe persons claiming certain lands in the town of Kinderhook in Hendrix under a patent granted to Hendrix De Bruyn and the possess- patent. ors thereof," passed the 8th June, 1812, be and the same is hereby amended so as to extend the time for the determinations to be made by virtue of that act to two years from the passing thereof.

CHAP. CLXX.

An ACT to incorporate the New-Paltz and Platte-Kill Turnpike

Company.

Passed April 9, 1813.

and others

I. BE it enacted by the people of the state of New-York, J. Hasbrouck represented in Senate and Assembly, That Josiah Hasbrouck, incorporated. Abraham I. Hardenbergh, David Downe, William P. Lott, Daniel Birdsall, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road to begin at or near the dwelling house of Samuel Budd, in the town of New-Paltz, in the county of Ulster, from thence to run southwardly along or near the road leading to Platte-Kill as convenient to or near the dwelling house of Josiah Hasbrouck, in the said town of New-Paltz, thence to intersect the Newburgh and Sullivan turnpike road, between the houses of John Crowell and Thomas Rodman, in the town of Newburgh, in the county of Orange, so as to promote the interest of the public and this corporation, and their successors, be and they are hereby created a body corporate and politic, by the name of " The President, Their ftyle, Directors and Company of the New-Paltz and Platte-Kill Turn- «c. pike," and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that

Stock.

Rates of toll.

Privileges.

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 and 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 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 said corporation, and to no other purpose whatsoever.

II. And be it further enacted, That the stock of the said company hereby incorporated, shall consist of five hundred shares of twenty-five dollars each, and that David Downe, Josiah Hasbrouck, Stephen Nottingham, Daniel Birdsall and Henry Parish, be and they are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the act entitled "an act relative to turnpike companies," passed the 13th day of March, in the year of our Lord

1807.

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 said road for every number of miles not less than ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, 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, six cents; for every horse led or driven, three cents; for every cart drawn by one horse or mule, 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 phaeton, or other four wheeled pleasure carriage, twenty-five cents; for every sleigh or sled drawn by two horses, mules or oxen, eight cents, and so in proportion for a greater or less number; for every score of sheep or hogs, eight cents, and so in proportion for a greater or less number; for every stage-waggon drawn by two horses, twelve and an half cents, and three cents for every additional horse attached to such stage-waggon.

IV. And be it further enacted, That the number of directors hereby incorporated shall be five, three of whom shall be a quorum, and capable of managing the business and concerns of the company 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 general act passed the thirteenth of March, in the year one thousand eight hundred and seven: Provided however, That the chord of the arch of the road hereby authorised to be made shall not be less than twenty-two feet.

CHAP. CLXXI.

An ACT establishing and regulating a Ferry across the Outlet of the Oneida Lake.

Passed April 9, 1813.

I. BE it enacted by the people of the state of New-York, repre- j. Emmons sented in Senate and Assembly, That it shall and may be law- may set up and keep a ful for Jonathan Emmons, of the town of Cicero, in the county ferry. of Onondaga, his heirs and assigns, to set up and maintain a ferry across the outlet of the Oneida lake for and during the term of ten years from the first day of May next.

rect a land

II. And be it further enacted, That the said Jonathan Em. He shall e mons, his heirs and assigns, shall if they set up a ferry by vir- ing place. tue of this act, erect a convenient dock or landing place, on such part of the land of the said Jonathan Emmons, on the south side of the said outlet, as shall be most suitable for that purpose, and shall during the term aforesaid keep and maintain a good and sufficient ferry boat, capable of conveying four horses, and ready at all reasonable times and seasons to ferry and transport across said outlet, persons, goods and chattels.

hibited from

III. And be it further enacted, That if any person or persons Others proshall, after the first day of May next, set up, keep or maintain a setting up a ferry, or shall carry or transport any persons, goods or chattels ferry." for pay across the said outlet, within two miles of the ferry established by virtue of this act, other than the said Jonathan Emmons, his heirs or assigns, such person or persons shall for every such offence forfeit and pay the sum of five dollars, to be recovered in any court having cognizance thereof by any person who shall sue for the same: Provided always, That nothing herein before contained shall be construed to preclude any person or persons inhabiting on said outlet, within the limits aforesaid, from the right of transporting themselves and their goods and chattels across the said outlet in their own boats.

how to be

fixed.

IV. And be it further enacted, That the court of common Rates of toli pleas for the county of Onondaga, in their sessions, may and shall annually order and direct the several rates of toll to be taken at said ferry; and if the said Jonathan Emmons, or any person employed by him, his heirs or assigns, shall receive any greater toll than shall be allowed as aforesaid, he shall forfeit and pay five dollars, to be recovered by any person who will sue therefor; and in case the said Jonathan Emmons, his heirs and assigns, shall at any time after six months from the time of passing this act, neglect to keep such ferry as is contemplated by this act, at all seasonable hours of the day, it shall be lawful for the said court to adjudge that all the rights granted to him under this act shall cease and be of no effect.

CHAP. CLXXII.

An ACT for the Relief of the Representatives of Stephen Hall, deceased.

Passed April 9, 1813.

WHEREAS Isaiah Olcott, Mabel Olcott, and Chancey Jer rome, administrators of the estate of Stephen Hall, deceased,