To give bond with fureties to the fpeak

cr.

III. And be it further enacted, That the Speaker of the Affembly for the time being fhall take a bond from the above named Gerard Bancker, on or before the first day of April next, with not less than four fufficient fureties to the people of this ftate, in the fum of twenty thousand pounds, lawful money of this ftate, with a condition that the faid Gerard Bancker fhall and will well, faithfully, and honeilly execute and perform the duties of the faid office; which bond, when fo taken, fhall be lodged in the fecretary's office of this state. IV. And be it further enacted, That if the faid Gerard Bancker fhall, upon the expiration of the time for which by this act he is continued in office, procure and lodge in the office of the fecretary of this ftate, a certificate du'y executed by the committee to be appointed for the settlement of the accounts of the faid Gerard Bancker, expreffing, that his accounts as treafurer are regularly ftated and balanced, and alfo that the balance of monies and fecurities belonging to the ftate, if any there be, are actually in the treafury, or depofited as directed by law, fuch certificate, when lodged in the office of the fecretary of the flate as aforefaid, fhall be to all intents and purposes a discharge of the bond directed by this act to be given by the treafurer, with fureties for the faithful performance of the duties of his office as aforelaid.

CHA P. VIII.

An ACT to amend an Al, entitled, "An A for eftablishing and opening Lock Navigations within this State.

"

Paffed 22d December, 1792.

7HEREAS the prefident and directors of the company incorporated by the name and ftile of, The prefident, directors, and company of the western inland lock navigation in the ftate of New-York, and the prefident and directors of the company, incorporated by the name and file of The prefident, directors, and company of the northern inland lock navigation in the state of New-York, have refpectively, in behalf of the stockholders in the faid companies, reprefented to the legislature, that by reason of fundry of the provifions, reftrictions, and limitations contained in the act, entitled, An act for establishing and opening lock navigations within this ftate, pafled the 30th day of March, 1792, the progress of the improvements to the internal navigation, for which the faid companies were incorporated, will be greatly retarded, if not entirely arrefted, unless further legiflative interference fhall be interpofed: To the end, therefore, that improvements, whofe object is extenfive benefit to the community, may not be impeded, and to render the advantages which are contemplated to refult therefrom as mutual, between the citizens at large and the faid companies refpectively, as the nature of the cafe will admit,

I. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enadied by the authority of the fime, That it fall and may be lawful for the prefident and directors of the faid corporation, and their fucceflors feverally and refpectively, to conftruct any and every canal and lock which they may deem neceflary to make, of any breadth at their option. Provided that every fuch canal and lock fhall not The breadth of the be less than ten feet broad at the bottom or bafe, nor any lock less than seventy feet long between the gates thereof; any thing in the faid act to the contrary hereof notwithflanding.

a certain condition

of water in the canals, &c.

II. And be it further enacted by the authority aforesaid, That if in the greater part of the time between the first day of March and the first day of December, in every year, the water in the canals and locks to be conThe incorporations ftructed by the faid prefidents and directors, or by their not to become voulon fucceflors refpectively, and the water in the creeks and refpecting the depth rivers into or through which veffels fhall pass to and from any fuch canal or lock, fhall be of fuch depth as that veffels drawing two feet of water, when laden, can país through, the incorporations aforefaid fhall not ceafe, become void and forfeited, if in the refidue of the period aforefaid there, fhall not be a fufficiency of water to permit vefels drawing two feet of water to pass through fuch canals, locks, creeks, or rivers, any thing in the faid act to the contrary notwithstanding. And whereas, by the leventh fection of the faid act, it is enacted, that the faid corporations, previoufly to their tions fhould not be respectively entering upon any lands with intent to appropriate the fame, the improvements for which the faid intheir entering upon corporations were created, fhall purchase fuch land, or fball caufe the fame to be appraifed in manner directed by the faid feventh feétion. And whereas, before fuch appraisement can be obtained, much injury may be fuftained by the faid corporations, and the improvements by them intended arrefted to the detriment as well of the community as of the faid corporations. For remedy whereof,

Why the corpora

obliged to purchaf

lands

previous to

then, &c.

Corporations to profe

ments, without leave

ed.

III. Be it further enacted by the authority aforefaid, That Permiffion to the it fhall and may be lawful to and for each of the faid corcute their improve porations, by its prefident and directors, or by any fuperfrom the owners of intendant, agent, or engineer appointed under the feal of the lands firft obtain the faid corporations refpectively, to enter into and upon all and fingular any land or lands, whether covered with water or not, which they or either of them may deem neceffary for the profecution of the improvements aforefaid, or whereon or whereby to conftruct any canal, lock, dyke, embankment, pond, dam, or other work intended or permitted by the faid act, and by this act to be fo conftructed, and that without the leave and permiffion of the owner or owners, proprietor or proprietors of fuch land first had and obtained; and having fo entered, to dig, trench, and use the faid lands for the purpofes aforefaid, To take and appro- together with one hundred feet more of fuch land on priate 100 feet of land each fide of any canal, lock, dyke, embankment, pond, dam, or other device relative to the faid improvements, and to appropriate the fame land to fuch ufes as to the faid corporations refpectively fall feem proper; any thing in the faid act to the contrary hereof in any wife notwithstanding. Provided nevertheless, that in every cafe where fuch entry fhall be made, and occupancy had as before faid on the part of the faid corporations, or either of them, other than by and with the content of the owner or owners, proprietor or proprietors of fuch land, it fhall be and is hereby made the duty of the prefident and directors of the faid companies, feverally, within forty days next after fuch entry has been

on each file of the

canals, &c.

to be folicited, by

Appraisement of made on the part of either of them, to folicit an appraiseproperty and damages ment of the property fo taken, and of the damages fufwhom, and when. tained by the party or parties from whom the fame was taken in manner directed by the faid feventh fection; and in default of obtaining fuch writ as in the faid feventh fection is directed within the faid forty days, the party or parties aggrieved fhall be entitled to fourfold the amount

of the damages fuftained by fuch entry, taking and occupying, to be recovered in any court of record having cognizance thereof, with cofis of fuit. Provided that the powers hereby granted to the faid corporations of making entries into lands fhall not continue beyond the completion of the faid canals, or if not completed in the mean time beyond the period limited by the former act for completing the fame, faving alfo to the proprietors of any lands that shall be contained within the one hundred feet aforesaid, the right of a way or ways to pass to and from his, her, or their land, as is provided in and by the eighth fection of the act hereby amended. And for the further encouragement of the faid corporations, to profecute the objects of their inflitution,

corporations refpect

mills, &c. &c.

IV. Be it further enadied by the authority aforefaid, That Permition to the it fhall and may be lawful to and for each of the faid coring the erecting of porations, at all times hereafter, and at any place where they fhall have conflructed a canal, lock, embankment, dyke, pond, dam, or other improvement, to take and make ufe of the water contained therein, or in either of them, either for mills or any other hydraulic work, which the faid corporations refpectively may erect, or caufe to be erected, or to let the ufe of fuch water to any person whomfoever, for the use of mills or other hydraulic works, or for irrigating any lands, or for fupplying bleach-grounds, tan-pitts, brick-yards, or to any other purpose to which fuch water is capable of being applied; and the net profits or rents refulting therefrom, to deftribute amongst the ftockholders, in proportion to their respective shares, as a free gift from the people of this flate, exclufive of, and over and above the per centage which the faid companies are, by the faid act, permitted to divide, as arifing from the toll mentioned in the faid act. Provided always, That no fuch ufe fhall be made of the water running through, or ftanding in any canal, lock, river or creek, if the canal, lock, creek or river, at the place where fuch water fhall be taken therefrom, fhall by fuch use be rendered incapable of carrying vefiels, drawing two feet of water when laden. And provided further, That the monies which may Monies laid out on be laid out or expended by either of the faid companies on fidered as any part of any special works which they may erect by virtue of this the prencipal fum. claufe, fhall not be confidered as any part of the principal fum expended, on which the faid companies are allowed by the act hereby amended, to compute the intereft which may be taken by them refpectively. V. And be it further enadled by the authority aforesaid, Certain land under That all the land under the water in the Mohawk river, hawk river vefted in which may be occupied by the corporation first above the western corpora- mentioned, for the purpose of conftructing any canal, lock, dyke, embankment, or dam, for the improvement of the navigation thereof, fhall be, and hereby is vefted in the faid corporation and its fucceffors, for and during the existence of the faid corporation, and no longer, and for the purposes aforefaid, as a free gift from the people of this ftate; faving and referving to the people of this ftate, the right to all lands under the water not fo occupied as aforefaid, to be appropriated as the legiflature fhall, from time to time, direct, and that all the lands under the water in Hudson's river, which may in like manner be occupied by the faid corporation laft mentioned, in the preamble to the first fection of this act, fhall, in like manner, be vefted in the faid corporation and its fucceffors, and for the like purpofes, and under the like faving and refervation as a free gift from the people of this flate.

fecial works not con

the water of the Ma

tion.

VI. Provided always, and be it further enacted by the authority aforefaid, That no dam or dams fhall be erected in Hudfon's river, other Repulation as to dams than where a canal fhall run from the water raised by in Hudion's river. fuch dam, to communicate with the water below the water now navigable, or to be rendered navigable by the faid company, and fuch dams fhall not be higher than is neceflary for the works with which they are connected, and that nothing in this act fhall be conftrued to prevent any perfon or perfons from paffing over fuch dam or dams, with rafts of timber, boards, or other lumber, when the water running over fuch dam or dams, fhall be of fufficient depths for the paffage of fuch rafts, without injuring the dam or dams, and that without paying any toll for fuch paffage: And provided alfo, That in every fuch dam, across the faid river, a flood-gate, fluice, or other proper device, fhall be conftructed to admit the paffage of fih afcending the faid river, and to be conftantly kept open, except in winter, when, for the greater fafety of the dam, gate, fluice, or other device, the fame may be clofed. And provided alfo, That in every dam to be erected acrofs the faid rivers, Hudfon or Mohawk, a flood-gate, fluice, or other proper device, fhall be conftructed to admit the paflage of fish afcending the faid rivers. And provided alfo, That no net, feine, fuyck, or other contrivance for taking fifh or preventing their afcending the faid rivers, fhall be ufed or placed by any perfon or perfons whom foever, within the distance of five hundred yards of fuch fluice, gate, or other device, as aforefaid, under the penalty of ten pounds for every such offence, to be recovered with cofts of fuit, before any juftice of the peace, by any perfon or perfons who fhall profecute for the fame, one half whereof fhall be for the ufe of the poor of the town where fuch offence fhall be committed, and the other half to and for the ufe of the perfon or perfons who fhall profecute for the fame. And whereas, by the eleventh section of the faid act, it is enacted, That the tolls on vefiels paffing through the faid improved navigation, fhall be computed according to the tonnage of fuch vellels, and that the toll on timber, boards, plank and fcantling, fhall be estimated in proportion to the toll on the tonnage of fuch veffels, by means whereof, as much toll may de extracted from veffels paffing empty as from those full laden: For remedy whereof,

VII. Be it further enacted by the anthority aforefaid, That it fhall be optional with each and either of the faid corporations refpectively to make fuch difcrimination in the toll to be demanded for empty or for laden veffels as they fhall think proper, and that it fhall be further in their difcretion refpectively to eftimate and eflablifh the oll to be taken for paffing any lock or other improvement, either according to the tonnage of vellels or rafts paffing through or by the fame, or by charging a specific toll on every particular article tranfported through fuch canal, lock, or other improvement of the faid navigation. Provided always, that the aggregate toll on any particular articles fhall not exceed, upon a ton weight of fuch articles, the fun which the faid corporations are refpectively permitted to charge and take by the faid eleventh fection; any thing in the faid act to the contrary hereof notwithstanding.

VIII. And be it further enacted by the authority aforefaid, That the annual election for directors in each of the faid corporations refpectively, in manner prefcribed by the faid act, fhall henceforth be held on the fecond Tuefday of January in every year, and that the first election for directors fhall be held on the fecond Tuefday of January next enfuing the paffing of this act.

IX. And be it further enacted by the authority aforesaid, That no nonufer or mis-user, heretofore omitted, neglected or done, or which may hereafter and before the fecond Tuefday of January next enfuing the paffing of this act, be omitted, neglected or done, fhall operate fo as to defeat or work an injury to either of the faid corporations, any thing in the faid act to the contrary notwithstanding.

The ftock, &c.

X. And be it further enacted by the authority aforefaid, That the ftock, intereft, and fhares of and in the faid fedeemed perfonal pro. veral corporations fhall be deemed and confidered as perfonal property, to all intents and purposes whatsoever.

perty.

CHA P. IX.

An ACT to ere& a Town in Clinton County.

Pafled 28th December, 1792.

BE it enacted by the people of the flite of New-York, reprefented in fenate and affembly, That from and after the Monday preceding the first Tuesday of April next, all that part of the town of Plattsburgh, and that part of the town of Willfburgh, in the county of Clinton, beginning on the line dividing this ftate from the flate of Vermont, on an eaft point from the fouth-east corner of a tract of land granted to John Frifwell, from thence running weft on the fouth line of the tract aforefaid, unto the fouth-west corner thereof; then north, to Plattsburgh patent; then weft on the fouth line of the patent aforefaid, and the fame courfe weftward, to the weft bounds of the county of Clinton; from thence foutherly, on the line laft aforefaid, until it comes oppofite to the fouth line of a grant of three thoufand fix hundred acres of land, granted to Matthew Adgate; then eat, to the fouth line last aforesaid, and the fame courfe continued to the line dividing this ftate from the ftate of Vermont aforefaid; then northerly, on the eaft line of this flate, to the place of beginning; fhall be and hereby is erected into a separate town, by the name of Peru; and that the first town meeting in the faid town of Peru fhall be held at the dwelling-houfe of Samuel Jackson, in the faid town.

II. And be it further enacted, That all the remaining part of the town of Plattsburgh fhall continue to be and remain a feparate town, by the name of Plattsburgh.

III. And be it further enaded, That all the remaining part of the town of Willsburgh shall continue to be and remain a feparate town, by the name of Willfburgh.

IV. And be it further enacled, That the freeholders and inhabitants of the faid town of Peru fhall be and hereby are empowered to hold town meetings, and elect fuch town officers as the free holders and inhabitants of any town in this ftate may do by law; and that the freeholders and inhabitants of the faid town of Peru, and the town officers to be by them elected, fhall have the like powers and privileges, and be fubject to the like regulations and penalties as the freeholders, inhabitants, and town officers of the other towns in this ftate, are entitled and fubject to by law.

V. And be it further enacted, That as foon as may be after the first Tuef day of April next, the fupervifors and overfeers of the poor of the towns aforefaid, fhall, by notice to be given for that purpose, by the fupervisors of the towns aforefaid, meet together and apportion the poor maintained by the faid towns previous to the divifion thereof, between the faid former

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