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by this act ; and shall, previous to the receipt of any of the monies
VI. And be it further enacted, That whenever any person or Persons ma persous shall have made any part of said road across their own lands, king, road before the time of collecting said tax, they shall be allowed on oc- own lande court of the same, such sum or sums ss the said commissioners shall not to he certify has been fairly expended in making the said road.
taxed VII. And be it further enacted, That the amount of said tax State land assessed as aforesaid, upon any lands belonging to the people of this to be taxed. state, upon a proper return thereof made to the comptroller, shall be paid out of the state treasury to the said commissioners, for the purposes aforesaid. VIII, énd be it further enacted, That the said commissioners
Pay of the shall be allowed out of the movies so as above assessed and collected, commissionfor their service, three dollars for each day they sliall be necessarily ere. employed in such service, together with the expenses for assistants.
AN ACT relative to the Court-House in the county of Madison.
Passed April 16, 1816.
AN ACT granting additional powers to the special Justices for
Passed April 16, 1816.
city, but the said justices shall caitse such recognizances to be sued
AN ACT further to extend the powers and duties of Commissioner:
of estimate and assessment on opening and improving of street in the city of New York.
Paseed April 16, 1816. WHEREAS the mayor, aidermen and commopally of the city Preamble. of New-York, have by their memorial represented to the Legislature
that the opening and improving of streets in the compactly built par of the said city, will not upfrequently render it necessary that a bet regulation should take place in the elevation or depression of streets already regulated previous to such improvement ; tbat by such now regulation, the buildings erected upon such streets in conformity with the previous regulation thereof, may be essentially damaged ; and that no provision is made by the existing laws to afford iudempi ty to the owners of property thus injured, for the loss and damage which may be sustained by them in the premises, and have prayed
legislative aid for the purpose of such indemnity : Therefore,
od 1. BE it enacted by the people of the State of New-York, repro plans of sented in Senate and Assembly, That whenever and as often a streets, &c. commissioners of estimate and assessment shall hereafter be appointed to be furniched by
uoder and by virtue of the act, entitled “an act to reduce severa the corpă laws relating particularly to the city of New York into one act, fation.
passed April 9th, 1813, to perform the duties prescribed by the said act, and the acts amending the same, relative to the opening, extending enlarging, straightening, altering, or otherwise improving any stree or streets, or part of a street, or public place or places, in any par of the said city, not laid out into sireets, avenues, squares and public places, by the commissioners of streets and roads in the said city under and by virtue of the act, entitled “an act relative to improve meots touching the laying out of streets and roads in the city o New-York and for other purposes," passed April 30, 1807; and alsi in all and every case and cases where such commissioners of estiniati and assessment have been beretofore appointed under the first abov mentioned act, to perform the said duties, and have not yet mad their report of estimate and assessment to the supreme court of thi
stale, it shall be the duty of the said commissioners, in each case
assessment respoelive owners, lessees, parties and persons respectively entitled
to be made. mto or interested in the said building or buildings so to be injured by the said inteuded regulation; and the sums or estimates of compensation and recompense for such loss and damage, shall be included by the said cominissioners in their general report of estimate acd assessmieut, which they shall make in relation to the intended improvement of the street of public place so to be opened, extended, enlargel, straightened altered or improved; and the report of the said commissioncrs, as to such damage and loss, and as to the persons or parties who are to receive the compensation or recompense reported, shall be made in the manner directed by the first above mentioned act, as to other damages reported by the said commissioners. . II. And be il further inacted, That the sumis or estimates of
Compensa compensation or recompense for the damages aforesaid, reported by tion for da the said commissioners, shall be paid by the said mayor,
aidermeo mages, and commonalty of the city of New-York, at the time and in the how to be
made niander prescribed by the first ahove men ioned act, for the payment of the damages reported by commissioners of estimate and asseys. ment, in favor of the persons and parties whom they deem entitled thereto; and the said sums or estimates of compensation and recompense, shall be borte and reimbursed to the said mayor, aldermen and commonalty, by the persons and parties interested and cntitled, as ouders or otherwise, unto or in the lands, icnements, hereditaments and premises, deemed to be bepefitted by the opeving, extending, eularging, straightening, altering or improving the street or public place, the opening, extcuding, enlarging, straighteniog, alteriog or improving of which, and the subsequent regulation of the same or of the adjacent street, shall or may produce such damage or loss; and the said commissiovers, or the assessors to be appointed by the said mayor, aldermen and commonalty, under and by virtue of the said first above mentioned act, shall assess the said suins upon
among lle said persons aid parties interested and entitled, as owners or otherwise, unto or in the said lands, tenements, hereditaments and premises deemed to be benefited by the opening, extending, enlarg. ing, straightening, altering or improving such street or public place,
in the same manner as though the said sums had been awarded for camages for lands or premises, required for the purpose of opening, extending, enlarging, straighteving, altering or improving the said street or public place.
AN ACT dcclaring the Neversink River a public highway, and
for other purposes.
Passed April 16, 1816. WHEREAS it is represented to the Legislature, that there are, Preamble. adjacent to the banks of the Neversiok river, in the counties of Ore
ange and Sullivan, large quantities of valuable timber, which the inhabitants, op clearing their lauds, are under the necessity of burning or otherwise destroying ; and that by removing many of the rocks and other obstructions, and cutting through some adjoining points of land, it is practicable to render the said river passable for rasts of lumber, &c. from the mills of Thomas S. Lockwood, at a place called the Neversiok falls in the town of Thompson, in the said county of Sullivan, to its intersection with the Delaware river, which would greatly promote the convenience and prosperity of a very considerable poriion of the citizens of this slate : And whereas certaio persous have prayed that that part of the said Neversiuk river above described, shall be by law declared a public highway, and for an act of incorporation to enable themselves and associates to improve the
navigation thereof in inanner as aforesaid : Therefore, Neversink 1. BE it enacted by the people of the State of New York, repredeclared a public high
sented in Scale and Assembly, That the said Neversink river,. way.
from the mills of Thomas S. Lockwool, aforesaid, to its junctiou with the Delaware river, be and the same is hereby declared a public lighway, subject however to the regulations, restrictious and
grants herein' after contain: d. Company II. And be it further enacted, That Otto William Van Tuyl, incorpora- Jabez Wakeman, Daniel Clark, William W. Sacket, Richard R. ted.
Vooris, Jabez Wakeman, jun. Samuel F. Jones, John Koapp, George A. Wakeman, Alexander Ketchum, George Vaugho, and such other persons as shall associate with them for that purpose, shall be and hereby are crcated aid made a body corporate and politic, in fact
and in name, by the pame of the President and Directors of Siyle; &c. the Neversink Navigation Company;" and by that came they end
successors shall and may have perpetual succession, and shall be persons in law capable of suing aud being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, for the purpose of opening and improving that part of the Neversipk river, lierein before described, in such manner as to render the same passable for rafts of lumber; and that they and their successos may have a common seal, and may change and alter the same at pleasure, and also that they and their successors, by the same name, shall be in law capable of purchasing, holding and conveying any estate, rca? or personal, for the use of said corporation,
III. And be it further enacted, That the capital stock of said Stock. company shall consist of two thousaod shares, at twenty-five dollars each share; and that each stockholder shall be entitled to ope vote for every share he or she shall loki ; and that subscriptions shall be kept open under the direction of said president and directors, until the whole number of shares shall have beeu subscribed, at such times and places as they shall deem expedient : Provided, the whole amount of the stock, estate and property, which the said corporation shall at any time hold, shall not, including the capital stock above nientioned, exceed in value ove hundred throusand dollars.
IV. And be it further enacted, That the stock, property and concerns of said company shall be managed and conducted by five Concerns to
be managed directors, one of whom to be president, who shall hold their offices by 5 direct respectively for one year, and until o:hers are chosen, and shall be ors. stockholders, and shall be elected on the second Tuesday in January ,
How to be in every year, at such place as a majority of said directors (who el
2. Who elected. shall upon all occasions constitute a board for the transaction of business for the time being shall appoiat, public notice whereof shall be given agreeable to the by-laws, rules and regulations of the said company, to be hereafter adopted by the said president and directors ; and the said elections shall be held and made by such stockholders as shall attend for that purpose, either in person or by proxy, and that all elections shall be by ballot; and the said direct. ors shall proceed by ballot to elect one of their pumber president : And whenever any vacancy or vacancies shall have happened by dcath, resiguation or otherwise, among the directors, such vacancy or vacancies shall be filled for the remainder of the year, or until the next annual election, by such person or persons as the remaioder of the directors for the time heing stockhollers) shall appoint : Aad the first directors shall be Daniel Clark, Richard R. Vooris, Otto William Van Tuyl, Samuel F. Jones and Jabez Wakeman, juo. and First direqt. shall hold their offices respectively until the second Tuesday i Japuary Ork. next after the passing of this act, and uolil others are elected in their places : And further, that is it slould at any time happen, that an election of directors shall not be made on any day when, pursuant to this act, it ought to have been done, the said corporation for that cause shall not be deemed to be dissolved, but that it shall and may bc lawful to hold such election on any other day, in such manuer as shall have been regulated by the by-laws of the said corporation ; and that the president of said company shall have power to call special meetings of the directors and of the stockholders of the said company whenever he shall deem the same necessary.
V. And be it further enacted, That the said president and di. rectors, or a majority of them, shall have power to make, alter and By-laws. repeal such by-laws, rules and regulations, as to them shall appear necessary and proper, for the well ordering and governing the conceros of the said corporation : Provided, such by-laws, rules or Proviso, regulatioos shall pot be repugnant to the constitution and laws of this state or of the United States.
VI. And be it further enacted, That said president, directors and River to be company shall bave full power and lawful authority, to clear and c cared. remove all obstructions in that part of the said Neversiok river, by slis act declared a public highway, and make and render that part