Proviso. Penalty for injuring the bridge. den, it shall and may be lawful for the said president and directors to erect a gate at the end of said bridge, and demand and take for the use of said corporation a toll not exceeding the following rates, to wit: for every four wheeled pleasure carriage hung on springs drawn by two horses, twenty-five cents, and every additional horse, three cents; every two wheeled pleasure carriage drawn by one horse, twelve and an half cents, every additional horse, three cents; every waggon and two horses, twelve and an half cents, and for every additional horse three cents; every sled or sleigh drawn by two horses, six cents; every one horse sleigh drawn by one horse, four cents; every ox cart drawn by two oxen, twelve and an half cents; every additional yoke of oxen, six cents; every one horse cart, six cents; every ox sled drawn by one yoke of oxen, six cents; every additional yoke of oxen, three cents; every man and horse, three cents; every led horse, two cents; every horse, jack, or mule, two cents; every cow or other neat cattle, one cent; every hog, sheep or calf, one half cent: and it shall be lawful for the toll gatherer to stop every person with their teams, horses, cattle, sheep, hogs and any thing which is liable to toll, until they shall have respectively paid the toll herein allowed to be collected by this act: Provided nevertheless, That all persons going to or returning from public worship, going to or from any grist-mill for the purpose of getting grain ground for their own family's use, going to or from a burial, going to or from their ordinary business on their farms, fetching a physician, and all persons going to or from trainings who are liable to do and perform military duty, which passes or repasses with their own horse or carriage, and all persons drawing fire-wood for their own family use, shall be exempt from any toll. IX. And be it further enacted, That if any person or persons shall wilfully or maliciously do or cause to be done any act whatsoever whereby the said bridge, or any thing appertaining to the same, shall be impaired, weakend or injured, the said person or persons so offending shall forfeit and pay to the said company treble the amount of damages sustained by means of such offence or injury, to be recovered by said corporation, with costs of suit, in an action of trespass, in the name of the treasurer of said company, to their use, in any court having cognizance of the same, which action shall in every instance be considered as transitory in its nature. Penalty for X. And be it further enacted, That if any person or persons pate without shall forcibly pass said gate to be erected at said bridge, or pass passing the paying toll. the stream within the distance heretofore specified in the fifth section of this act, or shall cause his, her or their horse, carriage, waggon, sleigh, sled, cattle, or any thing appertaining to them which is liable to toll by virtue of this act to pass the same without having paid the said toll for passing said bridge, such person or persons shall forfeit and pay a sum not exceeding ten dollars, nor less than one dollar, to be recovered by the treasurer of the said corporation, or in his name, to their use in an action of trespass, which action shall in every case be considered as transitory in its A list of the rates of toll nature. XI. And be it further enacted, That it shall be the duty of to be set over the said corporation to cause to be affixed in a conspicuous place the gate. over the said gate a printed list of the rates of toll, and in default thereof to be subject to the penalty of five dollars for every fortyeight hours, to be sued for and recovered by any person who shall prosecute for the same in his own name. XII. And be it further enacted, That if any toll gatherer Penalty for shall unreasonably delay or hinder any traveller of passing the detaining said gate, or shall demand and receive more toll than is by this passengers. act established, he shall for every such offence forfeit and pay a sum not exceeding ten dollars, to be sued for and recovered before any justice of the peace of the county wherein such offence shall have been committed, for the use of the person or persons so unlawfully delayed, hindered or defrauded. lic act. XIII. And be it further enacted, That this act be and hereby is This a pubdeclared to be a public act, and that the same be construed in all courts and places benignly and favorably for every beneficial purpose herein mentioned. toll-gather ers. XIV. And be it further enacted, That in all cases where the Company toll gatherer shall be convicted of any of the said offences, and that responsible for penalties it shall appear by the return of the execution on such conviction, incurred by that the money, or any part thereof cannot be obtained from the defendant, the said president and directors shall be liable for the payment of the same; and until the said president and directors shall make such payment, they shall not be allowed to demand or receive any toll for passing the said bridge, but shall keep the gate open. across the than on a XV. And be it further enacted, That it shall not be lawful for penalty for any person or persons to ride or drive over said bridge faster driving than on a walk, with his, her or their horse or team; nor shall it bridge faster be lawful for any driver to drive more than twenty head of cat- walk. tle on said bridge at a time, on penalty of forfeiting for every such offence not less than one dollar, to be recovered in the name of the treasurer for the use of said corporation. CHAP. LXXVI. An ACT in addition to the act, entitled "an act to incorporate the Passed March 20, 1813. WHEREAS the president, directors and company of the City Preamble. Bank of New-York have by their petition represented to the legislature that by reason of the war and the consequent embarrassments to individuals, and to the commerce of the country, they have not been able to carry the said bank into useful and extensive operations, and praying that the said bank may be relieved from the payment of the several sums of money directed to be paid to the state by the third section of their act of incorporation: Therefore, I. BE it enacted by the people of the state of New-York, rep- 50000 dolls. to be paid to resented in Senate and Assembly, That instead of the several the treasurer in 30 days, sums directed by the said third section of the above mentioned act to be paid by the said corporation, the said corporation shall pay to the treasurer of this state, within thirty days from the passing of this act, the sum of fifty thousand dollars, to be applied for the use and encouragement of common schools within this state; and lars to be state. 500,000 dol- shall also loan to the people of this state, when by law required, loaned to the a sum not exceeding five hundred thousand dollars, at a rate of interest not exceeding six per cent per annum, the said interest to be paid annually, and the principal sum which may be so borrowed, to be repaid at such time or times, during the continuance of the said corporation, as shall be provided for by law; and that the said sum of fifty thousand dollars and loan last mentioned shall be received and taken in full of all payments in the said section specified. Corporation to signify their acceptance in 60 days. II. And be it further enacted, That the said corporation shall, within sixty days from the passing of this act, under their corporate seal, signify to the comptroller of this state their acceptance of the terms of this act, otherwise this act shall cease and be of no effect. Preamble. 100,000 dollars to be paid to the treasurer in 30 days, CHAP. LXXVI. An ACT relative to the Bank of America. Passed March 20, 1813. WHEREAS the president, directors and company of the Bank of America have represented that they have been unable to complete their capital stock of six millions of dollars, and that less than two millions of dollars are now actually subscribed; and from unforseen circumstances, it has become impossible to make the payments and loans specified in the twelfth and thirteenth sections of the act entitled " an act to incorporate the stockholders of the Bank of America :" Therefore, I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That instead of the several sums directed by the said twelfth and thirteenth sections of the above mentioned act, to be paid and loaned by the said corporation, the said corporation shall pay to the treasurer of this state, within thirty days from the passing of this act, the sum of one hundred thousand dollars, to be applied for the use and encouragement of common schools within this state; and shall also One million loan to the people of this state, when by law required, a sum not loaned to the exceeding one million of dollars, at a rate of interest not exceeding six per cent per annum, the said interest to be paid annually, and the principal sum which may be so borrowed, to be repaid at such time or times during the continuance of the said corporation, as shall be provided for by law; and that the said sum of one hundred thousand dollars, and loan last mentioned, shall be received and taken in full of all payments and loans in the said sections specified. dollars to be state. Capital stock reduced to 4,000,000 dollars, II. And be it further enacted, That the capital stock of said bank is hereby reduced to four millions of dollars; and that subscription books, of one hundred dollars a share to the said capital stock of the aid corporation now remaining unsubscribed, may be opened in the city of New-York, under the direction of the president and directors of the said bank, from time to time, and at such time or times as may be prescribed by the president and directors, and until the whole of the said capital stock shall be subscribed, the said president and directors giving at least ten days notice in two of the newspapers printed in the city of New-York, of the place and of the time or times respectively of opening the said books. 60 days seven terest may III. And be it further enacted, That it shall be lawful for the For loans said corporation to take upon all loans by them to be made for longer than more than sixty days, besides days of grace, (except the loan per cent inherein provided for to this state) interest at and after the rate of be demandseven per centum per annum, any thing in the act above mentioned to the contrary notwithstanding. ed. tance to be IV. And be it further enacted, That the said corporation Notice of shall, within sixty days from the passing of this act, under their their accep corporate seal, signify to the comptroller of this state their ac- given within bo days. ceptance of the terms of this act, otherwise this act shall cease and be of no effect. CHAP. LXXVII. An ACT to incorporate the Jericho Turnpike Company. Passed March 20, 1813. and others I. BE it enacted by the people of the state of New-York, L. S. Hewlett represented in Senate and Assembly, That Lewis S. Hewlett, incorporated. Valentine Hicks, Major William Jones, Devine Hewlett, Abraham Van Wyck, Samuel Jones, junior, James Poole, Jonah Willets, Lawrence Denton, and all such others as shall associate with them to make a good and sufficient turnpike road to begin at the eastern line of the town of Oyster-Bay, near the house of Obadiah Valentine, in Queens county, running from thence, on or near the road to the new school house in Eastwoods, from thence nearly a straight line through land belonging to John I. Hewlett and others, to near the house of Townsend Jackson, from thence on or near the road by the houses of William Jones, Fry Willis and Edmund Willis, to the village of Jericho, from thence on or near the post road westwardly to the house of James Poole, from thence on or near the same road until it intersects the Hemstead turnpike road at Bennet's woods, in the town of Jamaica, shall be and are hereby created a body corporate and politic, in fact and in name, by the name and style of "The President, Directors and Company of the Jericho Turnpike Road," and by that name they and their suc- Their style, cessors shall 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 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 so to be purchased and held shall be necessary to fulfil the objects of the said corporation, and to no other purpose whatsoever. &c. II. And be it further enacted, That no part of the road to width of the be made by virtue of this act shall be less than four rods wide, road. and that the bedding of said road shall not be less in breadth than thirty feet, except about sixty rods in length, through the village of Jericho, which distance on said road shall not be less Stock, Stock may be Committee Rates of toll. than three rods in width, and that the bedding thereof on the same distance shall not be less than twenty-four feet, any thing contained in this act, or any law to the contrary notwithstanding. III. And be it further enacted, That the capital stock of the said company shall consist of sixteen hundred shares of twentyfive dollars each, and that Lewis S. Hewlett, Valentine Hicks, William Jones, Devine Hewlett, Abraham Van Wyck, Samuel Jones, junior, James Poole, Jonah Willets and Lawrence Denton, shall be and are hereby appointed commissioners to receive subscriptions for the the said stock in the manner directed in and by the act entitled "an act relative to turnpike companies," passed March 13, 1807. IV. And be it further enacted, That if after the said sixteen hundred shares shall have been appropriated by the president and directors of the said company in making and completing of the said road and the gates and toll houses on the same, and the sum so appropriated shall be found inadequate to the aforesaid objects, then and in such case, it shall and may be lawful for the president and directors of the said company, in order to complete the said road, to increase the stock of the said company, and call upon the stockholders to pay a further sum to be appropriated in an equal ratio, not exceeding five dollars upon each and every share of the said stock. V. And be it further enacted, That the before mentioned to lay it out. Lewis S. Hewlett, Valentine Hicks, William Jones, Devine Hewlett, Abraham Van Wyck, Samuel Jones, junior, James Poole, Jonah Willets and Lawrence Denton, shall be and hereby are appointed commissioners to lay out the road directed in and by this act, subject to the directions, regulations and restrictions in all respects as are prescribed and contained in and by the aforesaid act entitled "an act relative to turnpike companies," herein before referred to, and execute and perform all the duties, matters and things therein mentioned as fully as if the above named commissioners had been appointed in the manner directed in and by the act herein before referred to. VI. And be it further enacted, That the company hereby incorporated shall be entitled to exact and receive at each of the two gates, one of which shall not be within one mile of the house of Adonijah Underhill in the village of Jericho, and the other not within one mile of Bennet's woods, at the little plain in the township of Jamaica, to be erected on the said road, from every person using the same, for any number of miles not exceeding ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, that is to say: for every score of sheep or hogs, eight cents; for every score of cattle, horses or mules, ten cents; and so in proportion for a greater or less number; for every horse or mule and rider, or led horse or mule, five cents; for every chair, chaise, gig or sulkey drawn by one horse, ten cents, and for every additional horse, five cents; for every coach, coachee, chariot, phaeton or curricle drawn by two horses, twenty-five cents, and for every additional horse, five cents; for every cart, stage waggon or other four wheeled carriage not before mentioned drawn by two horses, mules or oxen, eight cents, and for every additional horse, mule or ox, four cents; for every |