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their said office, pursuant to the act, intitled "an act relative to the duties and privileges of towns," be and the same are hereby declared valid; and that all penalties which may have accrued against the said commissioners, or any other officer of said town of Putnam, by reason of their having omitted to take and subscribe their respective oaths of office, with the additional words inserted, as required in and by the act aforesaid, be and the same are hereby remitted.

СНАР. ССХ.

AN ACT to amend the act, entitled "an act to incorporate the city of Troy.

Passed April 11, 1817.

section of fox

pealed.

I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That so much of the eighteenth section Part of 18th of the act hereby amended, relative to the removal of disorderly mer act repersons or paupers, as authorises the board of magistrates, of the city of Troy, in case they cannot discover the place of legal settlement of such disorderly persons or paupers, or the same is not within this state, to remove them out of the said city to the town or place from whence they last came into the said city, be and the same is hereby repealed.

the court of

II. And be it further enacted, That the mayor, recorder and aldermen of the city of Troy, shall be and they are hereby constitut- Mayor, &c. ed members of the courts of oyer and terminer and general gaol de- members of livery, to be held in and for the county of Rensselaer, in the same oyer & term. manner as the mayor, recorder and aldermen of the cities of NewYork and Albany are respectively members of the said courts of oyer and terminer and general gaol delivery, in the respective counties of New-York and Albany.

be summon

III. And be it further enacted, That it shall not, after the passing of this act, be lawful to summon more than twenty-four, or less How many than eighteen, jurors, for the trial of issues in the court of common jurors shalt pleas, called the mayor's court, of the city of Troy, unless other- ed. wise directed by a judge of the said court; and that the said jurors so to be summoned shall be drawn by the clerk of the said court, out of a box by him to be provided, in the same manner as the jurors of Clerk's du the several courts of common pleas are directed to be drawn, and that the names of the said persons to be put into the said box shall be returned to the said clerk by the assessors and supervisors of the said city of Troy.

ties.

fications.

IV. And be it further enacted, That the jurors to serve in the mayor's court of the city of Troy, shall have the same qualifica- Jurors' quaitions that the jurors of the mayor's court of the city of Albany are required to have, and that venire facias shall issue in the same manner, and contain the same clause relative to the qualifications of the said jurors.

CHAP. CCXI.

AN ACT for the preservation of shell and other fish within this

state.

Passed April 11, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That no person residing out of this state, shall rake, gather or take any shell or other fish in any of the waters of this state, or on the shores adjoining such waters; and every such person offending against the provisions of this act shall, for every offence, forfeit and pay the sum of twenty-five dollars, to be recovered with costs of suit, on the complaint of any citizen of this state, who will sue for the same before any justice of the peace within this state, in a summary way; one moiety whereof, when recovered, shall be paid to the informer, and the other moiety to the overseers of the poor of the city or town where such offender shall be prosecuted, for the use of the thereof. poor

II. And be it further enacted. That instead of fifty dollars, the forfeiture shall be twenty-five dollars, for any offence under the second section of an act, entitled "an act to protect the fishing in Hudson's river, and to prevent obstructions in the navigation," passed April 11th, 1815.

Corporate

style.

Seal.

Privilege.

Proviso.

CHAP. CCXII.

AN ACT authorising the building of a toll bridge over the Susque hannah river.

Passed April 11, 1817.

I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That Isaac Hays, Curtis Noble, Sherman Page, William Gordon, James Hughston, Stephen Benton, Uriah Hanford, Daniel Coon, Henry Ogden, Willis Edson, Abijah H. Beach, Thomas Noble, Henry A. Beach, and Daniel C. Hayes, and their present and future associates, their assigns and successors, be and they are hereby created a body corporate and politic, by the name of "the president and directors of the Susquehannah bridge company," for the purpose of building a bridge across the Susquehannah river, at or near the place usually known by the name of Wattle's ferry; and they are hereby ordained, constituted and declared a body corporate and politic, in fact and name, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and they and their successors may have a common seal, and may change and alter the same at their plessure; and also that they and their successors, by the same name and style, shall be, in law, capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided, That the real es

tate so to be holden, shall be such only as shall be necessary to promote or obtain the objects of this corporation.

Their duty.

II. And be it further enacted, That Isaac Hayes be and he is commissionhereby appointed a commissioner to do and perform the several du- ers. ties herein after mentioned; and shall, on or before the first day of May next, procure a book, and enter therein as follows: We, whose names are hereunto subscribed, do, for ourselves and for our legal representatives, promise to pay the president and directors of the Susquehannah bridge company, the sum of one hundred dollars, for each and every share of stock in said company set opposite our respective names, in such manner and proportion, and at such time and place as shall be determined by the said president, directors and company; which book shall be kept open by the said commissioner at his place of abode, for the purpose of receiving subscriptions; and the said commissioner shall, as soon as fifty shares have been subscribed, cause a written notice to be given to each and every Notice to subscriber to the stock; of the time and place of meeting of the stockholders stockolders, for the purpose of choosing, by ballot, three directors, who shall be stockholders, to manage the concerns of the said company for one year, and until others shall be chosen in their stead; which notice shall be given at least ten days previous to the holding of said meeting, and the day for choosing the said directors Day for shall for ever thereafter be the anniversary day for choosing the choosing di said directors; and a majority of said directors shall be a quorum and capable of transacting the business of the said corporation; and every act of a majority of said directors, só met, shall be binding on the said corporation; and the said directors, elected by a plurality of votes of the stockholders present, shall, within ten days thereaf ter, proceed to the choice of one of their number for president; and President. the said president and directors may meet from time to time, at such time and place as they may find expedient to direct; and shall have power to make such by-laws, rules, orders and regulations, not in- By-laws. consistent 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.

rectors.

100 shares to

III. And be it further enacted, That the said president and directors may continue to receive subscriptions to the stock of the said corporation, until there shall be one hundred shares subscrib- be subscribed ed, and shall have power to appoint such agents, clerks, workmen and others, under them, as shall be necessary for executing the business of said corporation.

IV. And be it further enacted, That the number of shares or subscriptions constituting the stock or fund of said corporation, shall Stock not exceed one hundred shares, and the amount to be paid for each share or subscription shall be one hundred dollars; and that each stockholder shall be entitled to a number of votes proportioned to the number of shares which he or she may have or hold in his or her name.

solved

V. And be it further enacted, That in case the aforesaid bridge When Car shall not be erected, built and completed, on or before the first day of August, one thousand eight hundred and nineteen, then the corporation created by this act, shall be adjudged and considered to be dissolved.

When stock liable to for feiture.

Damages for injuring bridge, &c.

Sixteen feet wide.

When grant void.

Proviso.

When gate may be erect

ed.

VI. And be it further enrcted, That it shall and may be lawful for the said directors to call on and demand from the stockolders respectively, all such sums of money by them subscribed, or to be subscribed, at such times and in such proportions as they shall think fit, under pain of forfeiting their shares, and of all previous payments made thereon, to the said president and directors.

VII. And be it further enacted, That if any person or persons shall wilfully do, or cause to be done, any act whatsoever, whereby the said bridge, toll house, or any thing appertaining to the same, shall be impaired, weakened or injured, the 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 company, with costs of suit, and by action of debt, in any court having coguizance thereof; which action shall, in every instance, be considered as transitory in its nature, and shall and may be triable in any court in this state.

VIII. And be it further enacted, That the said bridge shall be at least sixteen feet wide, and be well covered with plank, not less than three inches thick; the sides of said bridge to be secured with good and substantial railings.

IX. And be it further enacted, That if the said bridge, after the same has been completed, shall at any time be impassable for the term of three months, that then the corporation shall cease, and the same is hereby declared to be dissolved: Provided nevertheless, That no such dissolution of the corporation shall take place if the said bridge shall be carried away by ice, freshets, or any unavoidable accidents, in case the same shall be rebuilt within one year after the same shall be carried away.

Judges in- X. And be it further enacted, That as soon as the said bridge shall spect bridge. be completed, and the supervisors of the towns of Unadilla and Sidney, with one of the judges of the court of common pleas of the county of Otsego, shail, upon iuspection, certify under their hands, that the said bridge is well and sufficiently constructed and built, and will admit of the passage of loaded teams, and other carriages, it shall and may be lawful for the said president and directors to erect a gate at either end of the said bridge, and demand. receive and take, for the use of the said corporation, a toll not exceeding Rates of toll. the following rates, to wit: For every coach, phaeton, or other pleasure carriage, drawn by four horses, thirty-seven and a half cents, drawn by two horses, twenty-five cents, drawn by one horse, twelve and a half cents; for every waggon or cart, other than pleasure carriages. drawn by four horses, mules or oxen, twenty-five cents, drawn by two horses, mules or oxen, twelve and a half cents, drawn by one horse or mule, eight cents, and for every additional horse, mule or ox, four cents; for every sleigh or sled, drawn by two horses, mules or oxen, eight cents, and for every additional horse, mule or ox, three cents; for every sleigh or sled, drawn by one horse or mule, six cents; for every horse and rider, six cents; for every horse, jack or mule, led or driven, three cents; for every foot passenger, two cents; for every score of cattle, twenty five cents; for every score of sheep or hogs, twelve and a half cents, gatherer may and in proportion for a greater or less number: and it shall be lawstop passen ful for the toll-gatherer to stop any person riding, leading or driving

When toll

gers

any horse, cattle, sheep or hogs, or any sled or carriage, or cart of burthen or pleasure, from passing through the said gate upon the said bridge, until they shall have respectively paid the toll as above specified.

Fine for for

gate.

XI. And be it further enacted, That if any person shall forcibly pass the said gate to be erected on the said bridge, without having cibly passing paid the legal toll, such person or persons shall pay a fine not ex- or avoiding ceeding ten dollars, nor less than two dollars, to be recovered by the treasurer of the corporation, to their use, in an action of trespass; and if any person on foot, or with his team, carriage or horse, shall cross the said Susquehannah river, within half a mile of the said bridge, with intent to avoid paying the toll due by virtue of this act, the person shall forfeit and pay twice as much as the legal toll would have been in passing said gate and bridge, to be recovered as aforesaid, in an action of debt.

XII. And be it further enacted, That this act be and the same is declared to be a public act, and shall be construed favorable for every beneficial purpose therein mentioned.

CHAP. CCXIII.

AN ACT to amend the act, entitled " an act to incorpornte the
Ulster and Orange branch turnpike company."

Passed April 11, 1817.

WHEREAS the president and directors of the Ulster and Or- Preamble. ange branch turnpike company, in conjunction with the owners of the lands contiguous to the route of the said road, and sundry other inhabitants of the counties of Orange, Sullivan and Delaware, have petitioned the legislature to cause a proportionate assessment to be laid on the lands materially to be benefitted by the making the said road, as the most equitable mode of creating a capital to enable the said president and directors to finish the same: And whereas the said petitioners have prayed that each owner of lands so to be assessed, should become a stockholder in the said company, for such amount as he may, by reason of such assessment, contribute towards the said road: Therefore,

pointed

I. BE it enacted by the people of the state of New-York, repre- Commissionsented in senate and assembly, That the person administering the go. ers to be ap vernment of this state, be and he is hereby authorised, by and with the advice and consent of the council of appointment, to appoint three discreet and reputable freeholders of this state, not interested in the lands to be assessed by virtue of this act, nor in any lands, tenements or hereditaments to be benefitted or affected by such assessment, nor in the stock of the Ulster and Orange branch turnpike road, whose duty it shall be, as soon as may be after acceptance of their appointment, to make a just, equitable and proportionate as- To make as sessment on all the lands lying adjoining or contiguous to the said sessments turnpike road, and materially to be benefitted by said road, and not exceeding the distance of six miles, on either side of the route thereof, from the place where the said turnpike road crosses the Minisink

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