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Mileage fees

prescribed

EC Folsom

CHAP. 11.

AN ACT relative to the Mileage Fees of the Sheriff of the County of Monroe.

Passed January 21, 1826.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passage of this act, the sheriff of the county of Monroe shall calculate his mileage fees from the court-house in the said county; and that it shall not be lawful for the said sheriff to calculate his said fees from any other place in said county, any law to the contrary notwithstanding.

CHAP. 12.

AN ACT authorising Ezra C. Folsom to keep a Ferry across Black
River Bay, in the County of Jefferson.

Passed January 21, 1826.

1. Be it enacted by the People of the State of New-York, repreauthorised to sented in Senate and Assembly, That from and after the first day keep a ferry of May next, it shall and may be lawful for Ezra C. Folsom, of the town of Brownville, in the county of Jefferson, his heirs and assigns, to set up, keep and maintain, a ferry across the Black River Bay, from the village of Sackett's Harbour, in the town of Hounsfield, to the opposite shore in the town of Brownville, opposite to the village of Sackett's Harbour, and to keep and maintain a ferry from the said opposite shore to the said village of Sackett's Harbour, for and during the term of five years, to be computed from the first day of May next.

To keep suita ble boats

Rates, &c. prescribed by county

courts

Penalty for exacting

2. And be it further enacted, That the said Ezra C. Folsom, his heirs and assigns, shall set up a ferry as aforesaid, and shall, during the time aforesaid, keep, maintain, and support suitable and safe ferry boats, capable and sufficient for carrying to and from the places above mentioned, carriages, horses, cattle, goods, chattels, and passengers, and ready at all reasonable times and seasons to transport and ferry across said bay, to and from as aforesaid, all persons, goods and chattels as above named.

3. And be it further enacted, That the court of common pleas of the county of Jefferson, in their sessions, shall and may, and are hereby directed annually, during the continuance of this act, to or der, direct and determine, the several rates of ferriage, and hours of the day that boats shall be kept in readiness belonging to the said ferry.

4. And be it further enacted, That if the said Ezra C. Folsom, his heirs or assigns, or any ferryman, or other person employed by him higher rates or them, shall take, exact or receive any greater or higher rates of ferriage for transporting goods and chattels, or other things whatsoever, than shall be so allowed by the said court of common pleas, the person so offending, shall forfeit and pay for every such offence,

the sum of five dollars, to be recovered, with costs of suit, before any justice of the peace within the county of Jefferson by any person who shall sue for the same.

to keep a

5. And be it further enacted, That if any other person or per- No other per sons shall, after the first day of May next, set up, keep or maintain son allowed any ferry, or shall carry or transport any person, goods or chattels ferry for hire or pay, across said bay, from any place on the south side or shore of the same, within two miles east or west of the village of Sackett's Harbour, or shall carry or transport any person, goods or chattels for hire or pay, across said bay, from the north side or shore of said bay, within two miles east or west of the main road leading from said bay to Chaumont bay, every such person or persons, shall, for every such offence, forfeit and pay the sum of five dollars, to be Penalty recovered, with costs of suit, in any court of this state having cognizance thereof, by any person who shall sue for the same: Provided, May use their That nothing in this act contained, shall be deemed or taken to pre-own boats vent any person or persons, who reside within the limits aforesaid and adjoining the said bay, from making use of their own boats and transporting themselves and property across the same at their plea

sure.

certain cases

6. And be it further enacted, That if it shall appear upon suffi- County court cient evidence to the court of common pleas of the county of Jef- to declare privileges ferson, that the said Ezra C. Folsom, or his legal representatives, forfeited in shall wilfully and knowingly neglect to comply with the directions or restrictions of this act in keeping and maintaining the ferry as aforesaid, to adjudge and declare that all the privileges granted to him by virtue thereof, shall cease and be of no effect, and the same shall thereupon cease accordingly, and the legislature may at any preserved time hereafter, alter, modify or repeal this act.

CHAP. 13.

AN ACT to suspend the Sale of certain Lands in Franklin Patent, advertised to be sold for Quit-Rents, and to extend the time for commutation.

Passed January 21, 1826.

Right to re

authorised to

1. BE it enacted by the People of the State of New-York, rep- Comptroller resented in Senate and Assembly, That the comptroller be, and is suspend sale hereby authorised and required to suspend the sale of front lot number six, and of rear lot number six, of the Franklin patent in the county of Delaware, for arrears of quit-rents, until the first Tuesday of August one thousand eight hundred and twenty-six; the said lots number five and six being the same lands whereof William Temple Franklin died seized.

tended

2. And be it further enacted, That the time for commutation Time of com for quit-rents due upon the said land whereof the said William Tem- mutation ex ple Franklin died seized, be, and is hereby extended, until the said first Tuesday of August next, at which time, if the said quit-rents shall remain unpaid, the comptroller shall proceed to sell the said lands according to the provisions of the act entitled "an act in relation to the extinguishment of quit-rents," passed April 20, 1825, without giving any further notice of such sale.

Part of road aunulled

allowed

CHAP. 14.

AN ACT annulling a Road in the Town of Preble, in the County of Cortland.

Passed January 21, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the road laid out by commissioners under and by virtue of an act entitled " an act to appoint commissioners to lay out a road from the Erie catal in the town of Camillus, in the county of Onondaga, to Port_Watson in the county of Cortland," which is in the town of Preble aforesaid, be, and the same is hereby annulled.

Damages not 2. And be it further enacted, That it shall not be lawful for the supervisors of the county of Cortland, to audit or allow any damages to the owners or occupants of land in the town of Preble, by reason of the laying out and establishing said road, any law or usage to the contrary notwithstanding.

Terms of

CHAP. 15.

AN ACT concerning the Terms of the Court of Common Pleas and
General Session of the Peace in the County of Jefferson.

Passed January 21, 1826.

BE it enacted by the People of the State of New-York, reprecourt altered sented in Senate and Assembly, That after the last day of March next, the four terms of the court of common pleas and general sessions of the peace of the county of Jefferson, instead of commencing at the times now fixed by law, shall commence in each year on the first Tuesdays in June, September and December, and on the last Tuesday in February: Provided, That no grand jury shall be summoned to attend at any such court of general sessions of the peace, except at the said September and February terms.

Grand jury, when to be summoned

J & J Carr,

set up ferry

CHAP. 16.

AN ACT to establish a Ferry across the Cayuga Lake, from the Village of Union Springs, in Cayuga County, to Fayette, in Seneca County.

Passed January 21, 1826.

1. BE it enacted by the People of the State of New-York, repauthorised to resented in Senate and Assembly, That it shall and may be lawful for Jacob Carr and James Carr, junior, of the town of Springport, in Cayuga county, their heirs and assigns, to set up and maintain a ferry across the Cayuga lake, from lot number ninety-eight, in the late Cayuga reservation, on the east side of the Cayuga lake, to lot

number forty, in said reservation, on the west side of said lake, for and during the term of ten years from and after the passing of this

act.

boals

2. And be it further enacted, That the said Jacob Carr and Required to James Carr, junior, their heirs or assigns, shall, if they shall set keep good up a ferry by virtue of this act, keep, support and maintain, for the accommodation of said ferry, during the term aforesaid, a good and sufficient ferry boat or boats, to be propelled with sufficient horse or steam powers, capable of conveying two wagons and four horses, and at all reasonable times and seasons cause the said boat to be well manned, to transport and ferry across said lake, carriages, persons, goods and chattels.

&c.

Penalty

3. And be it further enacted, That if any person or persons No other per shall at any time or times, after such ferry shali have been establish- son to ferry ed by virtue of this act, set up, keep or maintain a ferry, or shall carry, or transport any person or persons, carriages, goods, chattels, wares, merchandize or other thing, for pay, hire or otherwise, across said lake, between said lots and the limits of the grant to the Cayuga bridge company, on the north, or within three miles south of said lots, every such person or persons shall forfeit and pay to the said Jacob Carr and James Carr, junior, their heirs or assigns, for every such offence, the sum of ten dollars, to be recovered in an action of debt, with costs of suit, in any court having cognizance thereof: Provided always, That nothing herein contained shall be constru- Proviso ed to preclude any person or persons from crossing or transporting his or their families, goods and chattels, in his, her or their own scow, boat or otherwise, or upon the ice, within the limits aforesaid, free from all fees and charges whatever.

ferriage

4. And be it further enacted, That it shall and may be lawful Rates of for the said Jacob Carr and James Carr, junior, their heirs or assigns, to take, and receive at the said ferry, the following rates or prices of ferriage, that is to say: For every four wheeled coach or pleasure carriage, drawn by two horses or mules, one dollar; and for every additional horse or mule, twenty-five cents; for every chair, sulkey, or chaise, drawn by one horse or mule, seventy-five cents; and for every additional horse or mule, twenty-five cents; for every pleasure wagon, drawn by two horses or mules, one dollar, and for every additiona! horse or mule, twentw-five cents; for every four wheeled lumber wagon or carriage, drawn by two horses, mules or oxen, seventy-five cents, and for every additional horse, mule or ox attached to such wagon, twenty-five cents; for every wagon drawn by one horse or mule, sixty-two and an half cents; for every cart drawn by two horses, mules or oxen, seventy-five cents, and for every additional horse, mule or ox, twenty-five cents; for every sleigh or sled, drawn by two horses, mules or oxen, seventy-five cents, and for every additional horse, mule or ox, twenty-five cents; for every cart, cutter or sleigh, drawn by one horse, fifty cents; for every footman, twenty-five cents; for every man and horse, fifty cents; for every led or single horse, or mule, twenty-five cents; for every head of neat or fatting cattle, twenty-five cents, and for hogs and sheep, six cents. And that it shall and may be lawful for the Judge to reg judges of the court of common pleas in the county of Cayuga, at any time during the term aforesaid, to alter and regulate the rates

ulate

Proviso

When privi leges to be void

of toll herein before granted: Provided, That no greater ferriage shall be demanded than is herein permitted.

5. And be it further enacted, That if the said Jacob Carr and James Carr, junior, their heirs and assigns, on the first day of June next, shall have neglected to establish and keep such ferry as is contemplated by this act, or to comply with every provision thereof, it shall be lawful for the court of common pleas of the county of Cayuga, to adjudge that all the privileges granted under, and by virtue of this act, shall cease and be void, and of no effect; and from and after such adjudication, all such rights and privileges shall cease, and be void, any thing in this act to the contrary notwithstanding.

Penalty for 6. And be it further enacted, That after said ferry shall be esneglects c. tablished, by virtue of this act, the owners and keepers of the said ferry, or either of them, shall be liable to a penalty of ten dollars for wilfully neglecting, or refusing, at all proper seasons and times, to transport or ferry any person or persons, his, her or their carriages, goods or chattels, across the said lake, or for detaining any such person or persons, his or their goods or chattels, wilfully, and unnecessarily, in crossing the said, lake, to be sued for and recovered before any justice of the peace, either of the county of Seneca or counHow dispos ty of Cayuga, with costs of suit, one moiety whereof, when recovered, to be paid to the overseers of the poor of the town where the same shall be recovered, and the other moiety to the person who will sue for the same: Provided, That no such penalty shall be recovered in case the wind, weather, or ice shall render the crossing of the said lake dangerous or very difficult at the time complained of, nor shall it apply to cases of refusal to transport or carry, or of detention caused by unavoidable accidents or casualties: And provided also, That the legislature may at any time hereafter, alter, modify or repeal this act.

ed of

Proviso

Rights to repeal

Preamble

When notes

CHAP. 17.

AN ACT in addition to an act, entitled "An act in relation to certain Protests and and services of Notices in the City of NewYork," passed 22d April, 1823.

Passed January 21, 1826.

WHEREAS the accurrence of the infectious or contagious diseases alluded to in the act to which this is an amendment, may render it requisite or prudent to make some similar provisions with regard to the presentment of bills of exchange or promissory notes in like emergencies, happening in the city of New-York: Therefore,

1. BE it enacted by the People of the State of New-York, rep& acceptan resented in Senate and Assembly, That whenever a free communiistered with cation with any district of the said city shall be by the board of clerk of coun bealth, or other proper authorities thereof, prohibited or declared

ces to be reg

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dangerous by reason of the prevalence of any infectious or contagious disease, it shall be the duty of all persons and firms usually resident, or doing business within such district, whose notes or ac

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