election shall be held, shall be the anniversary day for all subsequent elections of directors; and a majority of said directors shall be a quorum, and be capable of transacting the business of the said corporation, and every act of a majority of said directors so met, shall be binding on said corporation; and the said directors elected by the plurality of votes of the stockholders present, shall immediately proceed to the choice of one of their number for a president; and the said president and directors may meet from time to time, at such time and places as they may find expedient, and direct, and shall have power to make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this state or of the United States, as shall be necessary for the well ordering the affairs of the said corporation.

built in twe

years.

4. And be it further enacted, That the said company hereby Bridge to be incorporated, shall with all convenient speed, and within two years from and after the passing of this act, construct a good and substantial bridge across the Hudson river, at some point between the upper end of the island lying opposite the village of Fort.Edward, (belonging to Walter Rogers,) and the lower end of the same, which bridge shall be of the breadth of not less than twenty feet, and be kept in good repair by the said company, during the term · aforesaid.

5. And be it further enacted, That the said president, directors, Land to be taken posses their agents, artists or other persons employed by them, may enter sion of upon and take possession of the land on each side of the river, and on the island where said bridge shall be erected; and the said corporation on taking possession of any such land, and on receiving a conveyance thereof, shall pay the value of so much of the same as may be necessary for making and erecting said bridge, and establishing a gate, toll-house and other works to the said bridge belonging, and in case of disagreement between the parties as to such value, the same shall and may be ascertained by three indifferent freeholders of the county where such lands lie, who shall be appointed for that purpose, by and sworn to make a just valuation to the judges of the common pleas of the same county, or any three of them not interested therein, on application from the said president and directers, to them for such appointment.

6. And be it further enacted, That as soon as the said bridge Rates of toli shall be completed, and the judges of the court of common pleas of the county of Washington, or any two of them not interested therein, shall, upon inspection, certify under their hands, that the said bridge is well and sufficiently built conformable to this act, and will admit of the passage of teams of burthen, 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 receive for the use of the said corporation the following rates of toll, namely: for every four wheel pleasure carriage, drawn by four horses, fifty cents; every four wheel pleasure carriage, drawn by two horses, thirty-seven and a half cents; every curricle, chair or sulkey, with one horse, eighteen cents, and if drawn by two horses, twenty-five cents; every waggon drawn by two horses, eighteen cents, and every additional horse four cents; and for every sled or sleigh, with two horses, twelve and a half cents; and four cents for every additional horse; every waggon or cart drawn by two oxen, eighteen cents, and nine cents

Stock to be personal pro perty

Calls

Penalties for injuring the bridge

Ferries pro

hibited

Penalty for

sing the gate

for every additional yoke of oxen; for any one horse waggon, cart, sleigh or sled, twelve and a half cents; for every man and horse, nine cents; and every foot passenger, three cents; for every horse, jack or mule, four cents; for every cow or other neat cattle, three cents a head; for every score of sheep or hogs, fifteen cents; and so in proportion for any greater or less number: and it shall be lawful for the toll gatherer to stop every person with their teams, cattle, sheep or hogs, and any thing which is liable to pay 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 from any grist mill for the purpose of getting grain ground for their own family's use, shall be exempt from toll; and likewise any person going to or from divine service, and all persons going to or from any funeral; and if the said bridge so to be built, shall at any time hereafter be carried away, thrown down or destroyed by an unavoidable accident, the said corporation shall be allowed two years from the time of such casualty, to rebuild the said bridge for the accommodation of the public travel.

7. And be it further enacted, That the shares of the stockholders of the said corporation shall be considered to be personal estate, and shall and may be transferable as such.

8. And be it further enacted, That it shall and may be lawful for the said directors to call on and demand from the stockholders respectively, all such sums of money by them subscribed, or to be subscribed, at such time and in such proportions as they shall see fit; always however giving at least six weeks previous notice of such call or demand, in a public newspaper in each of the counties of Washington and Saratoga, as they shall see fit, under forfeiture of their shares, and all previous payments thereon, to the said president, directors and company, not impairing the right of enforcing the payment by process of law of the subscription made under the act aforesaid.

9. 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, weakened 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 cots of suit, in an action of trespass, in the name of the treasurer of said company to their use, in every court having cognizance of the same, which action shall in every instance be considered as transitory in its nature.

10. And be it further enacted, That it shall not be lawful for any person or persons to establish any ferry or ferries across said river at any place within one mile up or down said river, from the place where the said bridge shall be built.

11. And be it further enacted, That if any person or persons forcibly pat shall forcibly pass said gate to be erected, or pass the stream within the distance heretofore specified, or shall cause his or her, or their horse, carriage, waggon, sleigh, cattle or any thing appertaining to them, which would be 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 a sum not exceeding ten dollars, nor less than one dollar, to be recovered by the treasurer of said corpo

ration or in his name, to their use, with costs of suit, in an action of trespass, which action shall in every case be considered as transitory in its nature.

tolls to be set

12. And be it further enacted, That it shall be the duty of the A list of the said corporation to cause to be affixed in a conspicuous place over up 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 forty-eight hours, to be sued for and recovered, with costs of suit, by any person who shall prosecute for the same in his own name.

delays

13. And be it further enacted, That if any toll gatherer shall Penalty for unreasonably delay or hinder any traveller from passing said gate, or shall demand or receive more tell than is by this act established, he shall for every such offence, forfeit and pay a sum not exceeding ten dollars, with costs of suit, 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 unlaw, fully delayed, hindered or defrauded.

for finishing bridge

14. And be it further enacted, That if the aforesaid said bridge Time limited shall not be erected, built and completed within three years after the passing of this act, then and in that case the corporation created by this act shall be adjudged and considered as dissolved.

or drive on

15. And be it further enacted, That it shall not be lawful for How to ride any person or persons, to ride or drive over said bridge faster than the bridge on a walk with his or her or their horses or teams; nor shall it be lawful for any driver to drive more than twenty head of cattle on the said bridge at a time, on penalty of forfeiting for every such of fence, not less than one dollar, to be recovered with costs of suit, in the name of the treasurer, for the use of the said corporation.

16. And be it further enacted, .That this act shall be considered, A public act and is hereby declared a public act, and shall be benignly and favourably construed for all the beneficial purposes herein intended.

17. And be it further enacted, That the legislature may at any May be re time hereafter, alter, modify or repeal this act.

CHAP. 195.

AN ACT for the Relief of the Hope Insurance Company.

Passed April 14, 1826.

pealed

executors

estate to said company

BE it enacted by the People of the State of New-York, repre- J. L. Bell's sented in Senate and Assembly, That the executors of James L. may convey Bell, formerly sheriff of the city and county of New-York, deceas- certain real ed, may convey to the Hope Insurance Company certain real estate of Thomas Ash, which the said, "The Hope Insurance Company," represent to the legislature, they purchased in the month of February, in the year one thousand eight hundred and twenty-three, at public auction, of the said James L. Bell, he then being sheriff of the said city and county of New-York, and having sold the said real estate under certain writs of fieri facias, and that the said conveyance which may be made by the said executors in virtue of this act, shall be as good an effectual in law, and shall have the same operation and effect, and none other, as if the said James L. Bell were

Proviso

now living, and the said conveyance were made and executed by him in virtue of his having been such sheriff as aforesaid, and having duly sold the said real estate according to law: Provided however, That the same right of redemption shall be reserved from the time of passing this act, as is given by the act, entitled " an act in addition to the act concerning judgments and executions," passed April 12, 1820, from the time of filing the sheriff's certificate therein mentioned.

List of wit

made

CHAP. 196.

AN ACT to alter the time of holding the Courts of Common Pleas and General Sessions of the Peace, in the County of Allegany.

Passed April 14, 1826.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, as follows:

1st. There shall be holden in and for the county of Allegany in each year, three terms of the court of common pleas and general sessions of the peace.

2d. Said courts shall commence on the fourth Tuesday in June and October, and the second Tuesday in February, and may continue until Saturday inclusive of the same week: Provided, There shall not be summoned and returned a grand jury for the June term as provided by this act.

CHAP. 197.

AN ACT to provide for the payment of the Expenses of an in vestigation, taken before the Committee appointed to inquire into the conduct of Jasper Ward, and also of an investigation taken before the Committee on Canals, relative to the sale of the Surplus Waters upon the Erie Canal.

Passed April 14, 1826.

1. BE it enacted by the People of the State of New-York, reprenesses to be sented in Senate and Assembly, That it shall be the duty of the chairman of the said committees respectively, to make out a list containing the names of all the witnesses attending for the purpose of giving testimony upon either of the said investigations, pursuant to subpoenas issued by the said committees for that purpose, or who may have attended at the request of either of the said committees without a subpoena, which said list shall also contain the places of residence of the said witnesses respectively, the distance which each of the said witnesses resides from the capitol in the city of Albany, and the number of days which each such witness was detained for the purpose of such examination, as far as the said chairman can ascertain the same; and the said list shall also designate such of the said witnesses, if any, as were not called from their respective places of

residence by the committee, but were found in the city of Albany, or in any other place, and from what place every such witness was compelled to travel to attend before such committee, and what distance each such witness did actually travel; and the said chairman shall certify the said lists, and the facts and statements therein contained to be true, according to his best information and belief, and shall deliver the said lists so certified, into the office of the comptroller of this state.

to said wit

nesses

2. And be it further enacted, That it shall be the duty of the Pay allowed treasurer to pay on the warrant of the comptroller to each of the said witnesses named in the said list, or to any person authorised to receive the same, as a compensation for their attendance before such committee, ten cents per mile for every mile coming and returning which each such witness actually travelled to attend before either of the said committees, to be ascertained from the said list so certified by the said chairman as aforesaid, and also one dollar and fifty cents per day, for every day each such witness was detained by either of the said committees, also to be ascertained by the said list, in full cempensation for the travel and attendance of each such wit

ness.

cominittees

3. And be it further enacted, That the clerk employed by the Clerk of the said committees to engross the testimony and report upon each of the said investigations, shall be paid by the treasurer, upon the warrant of the comptroller, six cents per folio, for every folio of seventy-two words so engrossed by him for either of the said committees, to be ascertained by the certificate of the chairman of such committee to the correctness of the account of such clerk.

4. And be it further enacted, That the door keeper of the sen- Door keeper ate shall be paid by the treasurer, on the warrant of the comtroller, seventy-five dollars in full for his attendance upon the said committees for the service of subpoenas served by him, and for any other expenses incurred by him in carrying into effect the orders of either of the said committees.

5. And be it further enacted, That the treasurer shall pay on the warrant of the comptroller, to the sheriff of the city and county of New-York, such account for the service of subpoenas made by him as the chairman of the said committees respectively shall certify to be just and true, and also to the district-attorney of the city and county of New-York, such sum for services rendered by him in attending examinations of witnesses and for expenses incurred by him, as shall be certified by the said chairman to be just and reasonable.

Sheriff of N

York

6. And be it further enacted, That the treasurer pay on the war- L Cruttenden rant of the comptroller, to Leverett Cruttenden,such sum as the said comptroller shall audit and allow for the use of the room furnished by him to the committee on canals, to be used by them in taking the investigation taken before the said committee.