Gambar halaman
PDF
ePub

pany to leave the said bridge in good repair, at the expiration of the said time: And provided further, That in case the said bridge shall be destroyed and not rebuilt, within the time herein before provided for such purpose, this act, and the grant herein contained, shall thereupon cease and determine: And provided also, That the legislature may, from time to time, pass such other laws in relation to the said bridge, for the more effectually keeping the same in good order and repair, as to them shall seem proper.

annually.

II. And be it further enacted, That it shall be the duty of the said proprietors to make an annual report to the court of common pleas, To report of the county of Ontario, at their November term, of all such sum or sums as they may have received for every description of passing on said bridge, with the expense of gate tending, repairs, and every other expense incidental thereto, including, in the first report to be made the second Tuesday of November, in the year one thousand eight hundred and eighteen, the expense of building said bridge. on the oath of the gate keeper and of one or more of the said proprietors, that the same is just and true according to the best of their knowledge and belief; and the said court is hereby authorised and court may empowered, from time to time, to alter and regulate the said rates of alter tolls. toll, not, however, to increase the same to exceed the allowance granted by this act: And further, That the legislature may at any time, on the suggestion of said court, declare said bridge a public bridge and free of toll.

ere to give

III. And be it further enacted, That the said Worthy L. Church- Commissionill, Taber Ward and Edward Waterous, shall, before they com- security. mence the building of the said bridge, give such security as a majority of the judges of the courts of common pleas of the counties of Genesee and Ontario shall, in writing, under their hands, judge adequate and sufficient, by bond, in the name of the people of the state of New-York, with condition that a good and sufficient bridge, of the dimensions before mentioned, shall be built and erected within one year, from and after the passing of this act, over the said Genesee river, at the place before prescribed, and that if the said bridge shall be taken away as aforesaid, the same shall be rebuilt within one year thereafter, and that the same shall be kept and maintained in good order and repair until the expiration of the said term of twenty years, and that no other or greater tull shall be demanded or received than is by this act allowed; which security shall be deposited with the clerk of the county of Outario; and in case any violation or breach thereof shall occur in the said security, it shall be lawful for Supervisors the board of supervisors, of either of the counties aforesaid, to cause suit, &c. the same to be put in suit, in the name of the treasurer of either county; and in case it shall appear in such suit, by a judgment therein to be had, that the said bridge hath not been built within the time fimited for that purpose, or that the same hath not been duly kept in

shall put in

repair or maintained according to the term of the security aforesaid, Grant wher then, and in that case, the privileges hereby granted to the said void. Worthy L. Churchill, Taber Ward, Edward Waterous and their associates, shall cease and be utterly void, any thing herein contained to the contrary notwithstanding.

IV. And be it further enacted, That during the said term of twen- No other ty years, no other bridge shall be erected over the said Genesee river bridge or fer

N

ry to be e

reeted.

Banks of riv. er shall not

be removed.

May sue for

within two miles above or below the bridge by this act authorised to be built, nor shall any public ferry be maintained or kept within the same space during the like period: And further, it shall be lawful for the said Worthy L. Churchill, Taber Ward, Edward Waterous and their associates, to remove the materials of the old bridge, which hath fallen near or at the site of the bridge contemplated to be built by virtue of this act, or to apply such materials in the formation of the bridge hereby authorised to be built,

V. And be it further enacted, That it shall not be lawful to dig down, remove, reduce or take away any part of the banks of the said Genesee river, at or near the bridge authorised to be built by this act, so as to endanger or destroy the said bridge, or the abutments or other part thereof, under the penalty of five hundred dollars, besides costs, to be recovered in the name and for the benefit of any person who will sue for the same; besides, such offender shall be liable in damages, at the suit of the said Worthy L. Churchill, Taber Ward and Edward Waterous, their heirs or assigns, or at the suit of either of them, for the benefit of the whole.

VI. And be it further enacted, That if any person shall be unreasdelays at the o ably hindered, prevented or delayed in passing over the said bridge, bridge. it shall be lawful for the party injured to sue any one or more of the proprietors of the said bridge for the damages by him sustained; and in such suit not less than ten dollars shall be awarded in damages, besides costs, to the party aggrieved, and such action shall be an action on the case under this act, and the defendants shall not be permitted to plead in abatement that all the parties in interest in the said bridge are not made parties in the said suit.

sons free of

toll.

VII. And be it further enacted, That all persons living within Certain per two miles of the said bridge, and going to or returning from their daily labor, or going to or returning from their usual place of public worship, or going for or returning from, or with a physician or midwife, or going to or returning from a mill, and that all troops, whether of this state or of the United States, when under orders, marching on foot, shall be allowed, at all times, to pass the said bridge free of toll, any thing in the first section of this act to the contrary notwithstanding.

Penalty for riding faster

VIII. And be it further enacted, That in crossing the said bridge shan a walk. With carriages, horses or cattle, the same shall not be rode or driven at a faster rate than on a walk, on the penalty of one dollar, to be paid by the persons respectively riding or driving the same, to be recovered with costs before any justice of the peace of the counties of Ontario or Genesee, in the name of either of the proprietors of the said bridge, for the use of the said proprietors.

IX. And be it further enacted, That this act shall be, and is hereby declared to be, a public act, and shall be benignly and favorably construed for all the beneficial purposes thereby intended.

CHAP. CV.

AN ACT to alter the time of holding town meetings in the town of Ellicott.

Passed March 21, 1817.

BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That from and after the first day of May next, the town meetings in the town of Ellicott, in the county of Chautauque, shall be holden on the first Tuesday of March annually; and that all such officers, whose duty it is to meet on the last Tuesday of March, shall meet on the last Tuesday of February, in every year, to do and transact such business as to their respective offices may appertain.

CHAP. CVI.

AN ACT postponing, for one week, the next sittings appointed to be held in the city of New-York, and appointing an oyer and terminer and circuit court in the county of Chautauque.

Passed March 21, 1817.

I. Be it enacted by the people of the State of New-York, represented in senate and assembly, That the sittings appointed by the supreme court to be held in and for the city of New-York, on the first Tuesday in April next, be and the same is hereby postponed until the second Tuesday in April next; and that all jury process, notices, subpoenas and other proceedings, issued, given or had, for the said first Tuesday of April, shall enure and take effect as though the said court had not been postponed, and the proceedings on the record shall be in the same form as if the said sittings had been opened and held on the said first Tuesday in April, and regularly adjourned from day to day.

II. And be it further enacted, That a circuit court and court of oyer and terminer and gaol delivery, shall be holden in and for the county of Chautauque, on Wednesday the ninth day of July next, at the court house of said county.

CHAP. CVII.

AN ACT for the pardon of Daniel Northrup.

Passed March 21, 1817.

BE it enacted by the people of the State of New-York, represent ed in Senate and Assembly, That the said Daniel Northrup be, and hereby is, fully and absolutely pardoned of the offence of which he stands convicted.

CHAP. CVIII.

AN ACT to amend an act, entitled" an act concerning the inspection of soal leather," passed March 5th, 1813.

Passed March 21, 1817.

Be it enacted by the people of the state of New-York, represented in senate and assembly, That the person administering the government of this state, by and with the advice and consent of the council of appointment, shall, from time to time, and as often as a vacancy shall occur, appoint an inspector of soal leather for the village of Lansingburgh, in the county of Rensselaer; and such inspector shall, before he proceeds to execute the duties of his office, take and subscribe, before one of the judges of the court of common pleas of the county of Rensselaer, the oath prescribed in the act hereby

amended.

11. And be it further enacted, That the duties, regulations, provisions and penalties, prescribed in the act hereby amended, shall, in every respect, be in force and apply to the village of Lansingburgh aforesaid.

CHAP. CIX.

AN ACT authorising a loan of money to the trustees of the college of physicians and surgeons of the city of New-York.

Passed March 21, 1817.

BE it enacted by the people of the state of New-York, represented in senate and assembly, That whenever the trustees of the college of phy sicians and surgeons in the city of New-York. shall execute and deliver to the comptroller a release and assigument, to the people of this state, of the right and interest of the said trustees to twenty thousand dollars of the monies to be raised for their use, by lottery, in virtue of the act, entitled "an act instituting a lottery for the promotion of literature, and for other purposes," passed April 13th, 1814; and shall also execute their bond to the said people, in the sum of ten thousand dollars, conditioued for the regular semi-annual payment of the interest on the said sum of twenty thousand dollars, until the said sum shall be raised and paid into the treasury of this state, in virtue of the said act and of the said release and assignment, it shall be lawful for the said comptroller to borrow the said sum on behalf of this state, and to pledge, for the repayment thereof, so much of the monies so as aforesaid to be raised by lottery, as shall be so as aforesaid assigned, and to engage also, on behalf of this state, to pay the interest semi-annually, out of any unappropriated money in the treasury, and thereupon to pay the said sum of twenty thousand dollars to the paid trustees, or to their treasurer.

CHAP. CX.

AN ACT concerning the lands lately purchased from the Onondaga Indians, and for other purposes.

Passed March 28, 1817.

lots.

I. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That the surveyor general shall cause the lands, purchased at a late treaty with the Onondaga In To be sur. } dians, to be surveyed into lots not exceeding one hundred and sixty veyed inta acres each, and sell the same, with the improvements thereon, in the manner and on the conditions mentioned in the fifteenth and sixteenth sections of the act, entitled "an act concerning the commissioners of the land office, and the sale of unappropriated lauds," passed April 6th, 1813.

paid into

II. And be it further enacted, That the monies arising from the Monies to be sales of said lands shall be paid into the treasury, and be subject to treasury. the ordinary appropriations of the legislature.

III. And be it further enacted, That it shall be lawful for the Agent to be person administering the government of this state, to appoint a special appointed. agent or attorney, resiling near the premises, to prosecute, on behalf of the people of this state, for all trespasses on said lands until they shall be sold as aforesaid, and to allow him such compensation for his services as shall be just and reasonable.

ments to be

· IV. And be it further enacted, That in every case in which any im- Improveprovements, made on lands belonging to the people of this state, are appraised. by law directed to be appraised in favor of any occupant, it shall be the duty of the appraisers, in making out their appraisement, to deduct from the appraised value of such improvements a reasonable allowance for the use of the lands by the occupant, and also for the deterioration of the value thereof by his cutting and carrying away timber therefrom, during such occupancy, or causing it to be done.

CHAP. CXI.

AN ACT for the relief of Francis C. Pruyn.

Passed March 28, 1817.

BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That on payment, by Caspares F. Pruyn, of the principal and interest of a mortgage and bond executed to the people of this state, by Francis C. Pruyn, it shall be lawful for the comptroller to assign and set over all the right and title of the said people in and to the said mortgage and bond, together with the monies secured thereby, to the said Caspares F. Pruyn, his executors, administrators and assigns: Provided always, That such assignment shall not be construed to bind the said people to insure the eventual payment of the mortgage money or interest, or the validity of the said mortgage and bond.

« SebelumnyaLanjutkan »