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commissioners shall be entitled to and receive two and ap half per cent, on all monies which they shall expend for the purpose of opening and completing the road, as a compensation for making the assessment on the land, as well as contracting for and superintending the

completion of said road. Vacancies. VIII. And be il further enacted, That in case of the death, rehow to be fool Gled.

be fusal to act, or resignation of any person appointed by this act, to

be a commissioner, it shall and may be lawful for the person administering the government of this state, to supply such vacancy, by the appointment of such person to fill the same, as he in his discretion

shall deem meet and proper. Two shall IX. And be it further enacled, That two of the commissioners

hereby appointed, shall be deemed a quorum, who may transact all business incident to the trust reposed in them by this act.

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CHAP. CLIII.

AN ACT authorising Thomas Stedman to keep and maintain a
Ferry across the river St. Lawrence.

Passed April 15, 1816. Preamble.

WHEREAS it is represented by the petition of Thomas Stedman, as well as by other information, that a ferry established from Massena, in the county of St. Lawrence, lo Cordwall, would be of great Lise and convenience to the public: And whereas, the United States have not made any regulations whereby such ferry can be established, it is therefore thought proper to pass the following law, subject to such laws and regulations as may be made by the United Slates;

Therefore, Ferry from I. BE it enacted by the people of the State of New York, repreMassena to Cornwall. sented in Senale and Assembly, That it shall and may be lawful for

Thomas Stedman, of Massena, in the county of St. Lawrence, his heirs and assigns, to establish and maintain a ferry across the river St. Lawrence, from the town of Massena, in the county of St. Lawrepce, in the state of New York, to the town of Cornwall (subject to the rules and regulations of the revenue la is of the Upited States, as they now are, or may be, during the continuance of this act) for and during the term of ten years, from and after the first day of

June pext. to be II. And be it further enaclei, That the said Thomas Stedman, erected.

his heirs and assigos, shall, if they establish a ferry by virtue of this act, erect a convenient dock or landing place, ou his land, in the most convenient place for a ferry, such as shall be suitable for that purpose, and shall, during the aforesaid term, keep and maintain a good and sufficient ferry-boat, or water crast, and ready at all reasonable times, to transport across the said river, all such persons,

goods or chattels as sball be necessary. No ferry to III. And te it further enacted, That if any person or persons be set up within three mall,

ce shall, aster the first day of June next, set up, keep or maintain a fer

and miles of this. ry, or shall transport any person, goods or chattels, across said river,

for pay, presents or hire, within three miles of the aforesaid ferry, established by this act, ciher than the said Thomas Stedman, his

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heirs and assigus, except at the point of land formed by the Grass and St. Lawrence rivers, or within sixty rods of the same, such person or persons shall, for every such offence, after said Thomas Stedman has established said ferry as above, forfeit and pay the sum of five dollars, to be recovered in any court having cognizance thereof, by any person who shall sue or prosecute for the same: Provided, Provise. That nothing hereio contained, shall preclude any person or persons from the right of transporting themselves, their goods or chattels across said river, in their own boats.

IV. And he it further enacted, That the court of common pleas Rates of to in the county of St. Lawrcoce, in their sessions, may and shall or-to. be estader and direct the several rates of toll to be taken at said ferry, and sile. if the said Thomas Stedman, or any person employed by him, his · heirs or assigos, shall exact or receive any greater toll than shall be allowed as aforesaid ; the person so exacting and receiving shall forfeit and pay five dollars, for every such offence, to be recovered by any person who will sue for the same: And if the said Thomas Stedman, his heirs or assigns, shall at any time after the first day of June, eighteen huodred and eight, neglect to keep such ferry as is contemplated by this act, at all reasouable hours, in the day time, he or they shall forfeit five dollars for every such neglect.

blished.

CILAP. CLIV.

AN ACT to amend an acl, enlilled " an act incorporate the Ham. ilton Turnpike Roal Company,passed June 12, 1812.

Passed April 15, 1816. WHEREAS it has been represented, that it has been found in. Preamble. practicable to obtain subscriptions for the stock of the Hamilton turopike road company, sufficient to make the whole of the same road, from the village of Hamilton, in the town of Madrid, until the same shall intersect the St. Lawrence turnpike road, and praying that the same company may be authorised to receive subscriptions for such part or parts of the said road, as they may be enabled to obtain, until stock sufficient to make the whole of the same road shalt be subscribed; Therefore, I. BE it enacted by the People of the State of New-York, repre

C Additional sented in Senate and Assembly, That it shall be lawful for the subse president, directors and company of the Hamilton turnpike road, tions to be to receive subseriptions for the stock of said company, for making received. that part of the said road which has been laid out between the said village of Hamilton and the bank of the Grass river, in the tourn of Madrid.

II. And be il further enacted, That when such part of the said Rates orioll road shall be made and completed, the distance thereof excecding pine miles, it shall be lawful for the said company to erect either one full toll gate, or two Lalf toll gates, upon the same road; and that they shall be entitled to exact and receive from all persons passing or usiog such gate or gates, the like toll as if the said road was ten miles in length, and so io proportion for any greater or less distance.

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Gates. III. And be it further enacted, That whenever tlre said presr

dent, directors and company, shall bave made and completed other ten miles of the said road, they shall be authorised to erect one or more gates thereon, and to exact and receive the like tolls as are

above specified.

are IV. And be it further enacted, That the said company shall be allowed to allowed five years, from and after the passing of this act, for comcomplete pleting the whole of the said road : And that it shall and may be the road.

jawful for the said president aud directors, to take and receive from any person in the employ of the United States, and from any person driviog any carriage in their employ, whether on wheels or runners, the same tolls as the same company are authorised to receive, hy virtue of this act, from any other persons; any law to the contrary powithstanding.

. CHAP. CLV.

AN ACT declaring a part of the Csnegatchie river, in the county . of St. Lawrence, a public highway.

Passed April 15, 1816. Part of the I. BE it enacted by the people of the State of Nen-York, repreriver de

sented in Senate and Assembly, That all that part of the Oswegalclared a highway.

cbie river, from Streetor's mills, in the town of Rossie, to its juocture with the St. Lawrence river, be and the same is hereby declar:

ed a public highway. Penalty for II. And be it further enacted, That if any person shall, after the obstructing passing of this act, obstruct the navigation of the above described the river.

waters, he shall forfeit, for each offence, a sum not exceeding one hundred dollars, and the further som of twenty-five dollars for every twenty-four hours that any such obstruction shall be continued, to be recovered with costs of suit, by any person who will sue for the same; and the person or persous so offending, shall moreover be deemed guilty of a misdemeanor, and may be prosecuted according. ly, by indictment; and on conviction be subject to pay a fine not

exceeding twenty-five dollars, or to be imprisoned in the gaol of the Proviso.

said county, for a term not exceeding sixty days : Providid nevertheless, That it shall and may be lawful for any person or persons hereafter to erect a dam or dams across the part of the Oswegatchie river, above described, for the use of any mills or other works, if such person or persons shall at the same time make a canal through or around such dam or dams, with a lock in the same, that will make it convenient for such boats to pass, as are commonly used on said river; and also make a good slide over said dam, suitable and con

yenieut for rafts fa pass over the same. Dams now

III. And be it further enacted, That nothing in this act shall be

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construed so as to prohibit the continuance of dams already erected in the said river, por to prohibit the rebuilding of dams, if the same shall hereafter be destroyed,

• CHAP. CLVI.

AN ACT io creci parts of the towns of Rossie and Russell, in the · county of St. Lawrence, into a separate town.

Passed April 15, 1816. 1. BE it enacted by the people of the State of New York, répresented in Senate and Assembly, That the part of the towo of Rossie which is contained in township number seven, of tract number three, Town of of Macomb's purchase, called Kilkenny, and that part of the toirn Fowler of Russell contained in the township number eleven, of said tract crectedy number three, of Macomb's purchase, called Port-a-Ferry, shall be and hereby is erected into a separate towo, by the name of Fowler; and that the first towo meeting shall be held at the house of Noah Holcomb, id said township called Kilkenny; and the remaining part of the said towns of Rossie and Russell shall be and remain separate towos, by the names of Rossie aud Russell.

II. And be it further cnacted, That as soon as may be after the poor and first tovo meeting, the supervisors and overseers of the poor of the money to town of Rossie, and the town now erected by this act, op.notice he divided. being given for that purpose, shall meet together and divide the money and poor belonging to the said town of Rossie, previous to the division thereof, agreeably to the last tax list, and that each of the said towns skall forever thereafter respectively maintain and support their own poor ; but as to the town of Russell, there shall be no division of money or poor, on account of there being no inhabitants living on the township taken from said town of Russell, of which a part of this pew town is created.

CHAP. CLVII.

AN ACT for laying out and improving cerlain Roads in the county of St. Lawrence

Passed April 15, 1816. I. BE it enacted by the people of the state of New-York, represcntcu in Senatc and Assembly, That Reubeu Ashman, Ebenezer Commis,

siouers. Hulbart and Gouverneur Ogden ibe, and they are hereby appointed commissioners to lay out, establish and improve the following roads, viz: A road commencing at the village of Ogdensburgh, and runniog upon the most direct and practicable route by the villages of Hamilton and Masseva to the eastern bounds of the said county of St. Lawrence, at such point as the said commissioners shall judge most conducive to the public interest : Also, a road commencing at the said village of Massena, and running upon the most direct and practicable route to the village in the town of Potsdam, and from thence to such point on the St. Lawrence turnpike road, in the town of Russell, as the said commissioners shall judge most proper : Also, another road commencing at the village in the town of Russell, and running by the most direct and practicable route by the village in the town of

Canton, and by the village of Columbia in the town of Madrid, to

the village of Hamilton in said town. Sarter and II. And be it further enacted, That the said commissioners. description after laying out said roads, proceed without delay to make out a to be made. description or survey of such roads, in each of the towns through

which the same shall pass, and furnish the town clerks of each of the said towns with a copy of the same, to be recorded in their offices respectively ; and each of the said roads shall be thereafter

a public highway of the several towns through which they run. Assessment

III. And be it further enacted, That the said commissioners to be made. shall, on or before the first day of October next, make out and

deliver to the supervisors of the several towns through which the said roads shall pass, an assessment roll, describing all lands situate within two miles of said roads, distinguishing those situate within one mile of said roads, from those situate more than one, and less than two miles from the same; excepting always, all such lands as are situate on the opposite side of Grass, or Racket rivers, from said roads, when either of said roads or highways shall have been laid out or opened, ruuping parallel or nearly so to the said rivers, within one mile of the same; and excepting also, all lands through or adjoining which the said roads shall have been made, of equal goodness, and at an equal expense, with the roads that shall be made pursuant to this act, by the owners of said lands.

IV. And be it further enacted, That the board of supervisors of How to be

be the said county shall, at their next appual meeting, carise to be incollected & serted in seid assessment rolls, & cum not exceeding twenty cents, , applied. nor lects the

nor less than ten cents per acre, for all lands situate within one mile of said roads; and a sum not exceeding eight cents, por less than four cents per acre, for all lands situate more than one, and less than two miles from the same ; which said assessment rolls, with the tax thereto annexed, shall be delivered to the collectors of the several towus containing the lands so assessed, and be hy them collected, at the same time and in the same manner, and with the same allowance of sees, as the other taxes are by law collected ; and all miopies so received shall be paid over to the county treasurer, at the same time and under the same penalties for neglect or refusal so to do, as in case of other taxes ; and returns of lands of non-residents, upon which the said taxes shall not have been paid, shall be made in the same manner to the county treasurer, and by him to the comptroller, and the same proceedings in all respects be bad thereon, as in case of the non-payment of other taxes : And the said county treasurer shall pay the amount of said taxes, deducting his fces, to the said commis. sioners, to be by them expended in making said road : Aud that no Jands which shall be assessed under this act, shall be sold, unless potice of such tax shall be personally served on the owner or possessor of such lands, or his lawsul agent or attorney, by the said commissioners or collector of said tax, and by him or them certified to the comptroller, with the return of said tax.

V. And be it further enacted, That the said commissioners shall

each of them, before they enter upon any of the duties of their said Bonds to be given.

appoiotment, take and subscribe an oath or affirmation, before a justice of the peace in said county, that he will act without favor or partiality, in the discharge of all the duties enjoined upon them

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