Gambar halaman
PDF
ePub

in proportion cified in this act, from the city of New-York to the isl-
to weight or
quantity.
and of Nassau, or from the island of Nassau to the city
of New-York, shall be paid according to the rates above
specified, in proportion to the weight or quantity trans-
Perfons refu- ported, and not otherwise; and if any person shall refuse
fing to pay to
forfeit treble
to pay to the ferryman the rates and prices of ferriage
the fum.
established by this act, the person so refusing shall forfeit
and pay to such ferryman treble the rate to which such
person was liable by this act; to be recovered with costs
Difputes con- of suit in any court having cognizance thereof; and if
cerning fer-

riage how
fettled.

Corporation of New-York entitled to the faid ferriage.

Penalty on any ferryman for taking more than lawful fer. riage,

Ferryman to
affix up in a
public place

the rates of
ferriage, un.
der appenalty.

[ocr errors]

مع

One boat to
be always

fide of the

river, under
a penalty.

any disputes shall arise concerning the rates or prices of ferriage for any goods or commodities, not particularly expressed in this act, and the matter be brought before any justice of the peace by the contending parties, such justice shall hear and determine the same so as to him shall appear to be conformable to the true intent and meaning of this act, and shall award costs against the party in default.

III. And be it further enacted, That it shall be lawful for the mayor, aldermen and commonalty to demand and receive the rates and prices of ferriage aforesaid for the said ferriage from and to the said city as aforesaid, and may establish and keep one or more ferries between the said city and the island of Nassau as aforesaid.

IV. And be it further enacted, That if any ferryman or his servant shall ask, demand or take any greater or other rates of ferriage from the said city of New-York to the island of Nassau, or from the said island of Nassau to the said city of New-York, than are herein before established, the person so offending shall for every offence forfeit and pay the sum of two dollars and fifty cents.

V. And be it further enacted, That every ferryman shall paste upon a board and hang up in the porch of each respective ferry-house, or at the most public place therein, a table fairly written or printed of the rates or prices of ferriage as established by this act; and in case any ferryman shall neglect or refuse to hang up such table of rates and prices of ferriage in manner aforesaid, he shall for every day he shall so neglect or refuse to do the same forfeit the sum of two dollars and fifty cents.

VI. And be it further enacted, That the ferryman shall ready on each always have one or more boats ready on each side of the river at least one half hour before sunrise, and so shall continue through the whole day until eight o'clock in the evening, for the purpose of transporting passengers and their effects; and any ferryman who shall neglect to have his boat or boats ready on each side of the river to carry over passengers or their effects, at such time and times, wind and weather permitting, every such ferryman so neglecting shall forfeit and pay for every such neglect the sum of one dollar and twenty-five cents to the person so

neglect of

detained, to be recovered in any court having cognizance
thereof; and every ferryman who shall neglect or refuse Penalty on
to come and go with the ferry-boats, wind and weather perfons for
permitting, to and from such places in the said city as duty.
now are or hereafter shall be appointed for landing places
by the mayor, aldermen and commonalty of the said
city, shall for every such offence forfeit two dollars and
fifty cents, to be recovered before any court having cog-
nizance thereof, by any person who will sue for the same,
and paid to the chamberlain of the said city towards de-
fraying the public charges thereof.

VIL. And be it further enacted, That it shall be lawful for any of the inhabitants of the town of Brooklyn to transport their own goods in their own boats, from the island of Nassau to the city of New-York, and from the city of New-York to the island of Nassau, without paying any ferriage for the same; Provided however, That if any such inhabitant, under colour or pretext of transporting his or her own goods only shall carry or bring over the said ferry the goods of any other person of what kind soever, with or without hire or reward, every such inhabitant shall for every such offence forfeit and pay to the ferryman of such ferry two dollars and fifty cents, to be recovered with costs of suit before any justice of the peace or court having cognizance' thereof.

Inhabitants

of Brooklyn
may transport
their own

goods in their
own boats.

Proviso.

No perfon but tion of NewYork to keep tween NewNaffau-idland,

the corpora

a ferry be

York and

under a pen

VIII. And be it further enqcted, That no person other than the said mayor, aldermen and commonalty, shall erect or keep a ferry between the said city and Nassau-island for carrying or bringing of any passengers, horses, cattle, hogs, sheep, goods, merchandize, or other things whatsoever over the said ferry hereby rated, with or without any alty. hire or reward, under the penalty of one hundred and twenty-five dollars for every such offence. IX. And be it further enacted, That all the penalties Penalties unand forfeitures imposed by this act, except where the same how recoveris herein before otherwise appropriated, may be recover- ed and appli. ed with costs of suit in any court having cognizance thereof, by any person who will see for the same to effect, the one moiety thereof when recovered to be paid to the overseers of the poor of the city or town where the same shall be recovered, for the use of the poor thereof, and the other moiety to the person who will sue for the same.

Turnpikes.

der this act.

ed.

An ACT for constructing a Road and establishing and obfolete. erecting Turnpikes between the City of Albany and the

Town of Schenectady.

Passed 1st April, 1797. Sess. 20, ch. 87.

[ocr errors]

Leo

Repealed.

Repealed.

Preamble.

First company of the great Western turnpike road.

An ACT to establish a Turnpike Corporation for improving the State-Road from the House of John Weaver, in Watervliet, to Cherry-Valley.

Passed April 4, 1798. Sess. 21, ch. 88.

An ACT to establish a Turnpike Corporation for improving the Road from the Springs in Lebanon to the City of Albany.

Passed April 5, 1798. Session 21, chap. 94.

TWENTY-SECOND SESSION. CHAP. XXX. An ACT to establish a Turnpike Corporation for improving the State-Road from the House of John Weaver, in Watervliet, to Cherry-Valley, and to repeal the Act therein mentioned.

W1

Passed 15th March, 1799.

HEREAS the bridge over the Schoharie-kill, on the state-road, was by reason of the force of the water and ice last spring destroyed; And whereas, The road on which the aforesaid bridge was erected is of pub lic utility, and is one of the principal routes of communication between the city of Albany and the western settlements of this state: Therefore,

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That William North, John Tayler, Abraham Ten Eyck, Charles R. Webster, Calvin Cheeseman, Zenas Pineo, Ephraim Hudson, Joseph White, Elihu Phinney and Thomas Machin, and all such persons as shall associate for the purpose of making a good and sufficient road from the house where John Weaver now lives in the town of Watervliet, in the county of Albany, following the state-road westward to the house where John Walton now lives, in the town of Cherry-Valley, in the county of Otsego, shall and are hereby created and made a corporation and body politic, in fact and in name, by the name of president, directors and first company of the great western turnpike road; and the said corporation shall by that name be capable in law to purchase, have, hold, enjoy and retain to them and their successors, lands, tenements, hereditaments, goods, chattels and effects of every kind whatsoever, and the same or any part thereof to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts of record or any other place whatsoever; Provided, That the lands so to be purchased as aforesaid, shall be such only as may be necessary to carry into effect the object of this act, and shall not exceed in value the sum of two thousand dollars.

of

ers to per

rectors.

II. And be it further enacted, That William North, CommissionCharles R. Webster, John Tayler, Zenas Pineo, Elihu form certain Phinney, Joseph White, Ephraim Hudson and Calvin duties. Cheeseman, be and they are hereby appointed commissioners to do and perform the several duties hereinafter mentioned; that is to say, they shall on or before the first day of July next, procure five books, and in each of them enter as follows: We whose names are hereunto subscribed, do for ourselves and our legal representatives, promise to pay to the president, directors and company the great western turnpike road, the sum of forty dollars for every share of stock in the said company set opposite to 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; and the said books shall be deposited with such persons, and opened at such time and places as the said commissioners may direct, and every subscriber shall at the time of subscribing pay unto either of the said commissioners ten dollars for each share so subscribed; and the said commissioners shall as soon To notify the as one hundred shares shall have been subscribed, cause choofing dian advertisement to be inserted in one of the newspapers printed in the city of Albany, and in the newspaper printed in Cooperstown, giving at least thirty days notice of the time and place the said subscribers shall meet for the purpose of choosing thirteen directors (who shall be stockholders) for the purpose of managing the concerns of the said company for one year; and the day on which the directors shall be chosen shall for ever hereafter be the anniversary day for choosing directors; and the said direc- Directors to tors, elected by a plurality of votes of the stockholders pre- fident. sent, shall immediately proceed to the choice of one of their number for president; and the said president and direc- Bye-laws to tors may meet from time to time, and shall have power to make such bye-laws, rules, orders and regulations, not inconsistent with the constitution or laws of this state or of the United States, as may be necessary for the well ordering the affairs of the said corporation; Provided, That no bye-laws or regulations shall give or allow more than ten votes to any stockholder, and that each person shall be entitled to one vote for every share by him held under the said number.

choose a pre

be established

conftitated.

III. And be it further enacted, That not less than seven Board of didirectors shall constitute a board for the transaction of rectors how business, of whom the president shall always be one, except in case of necessary absence, in which case his place shall be supplied by another director whom he by writing under his hand shall nominate.

fhares limit

IV. And be it further enacted, That the said president Number of and directors may continue to receive subscriptions to the ed stock of the said corporation until two thousand shares Ishall have been subscribed.

Alterations in faid road

V. And be it further enacted, That if it shall appear to when made. the said president and directors, that if by deviating from the state-road so called, the distance between the places designated for the commencement and ending of the said road, can be materially shortened, it shall be lawful for the president and directors to make such alterations as may be found necessary, and to lay the road herein contemplated to be made in and through any enclosed, improved or unimproved lands, and with their carriages, beasts, tools and implements, to enter in and upon any lands contiguous to the said road, and to carry away any timber, stones, gravel, sand or other earth, being more conveniently situated for making or repairing said road, and to use the same in carrying on the said work, the said president and directors paying the owner or owners of the land so to be laid out as part of the road, the value of the land or of the materials aforesaid, as the case may be, together with such reasonable sum for damages as may be agreed Damages how on, and in case of disagreement between the parties as afcertained. to said value or damages, the same shall be determined by an appraisement, to be made on oath of three, or if they disagree, of two indifferent freeholders, to be mutually chosen, or (if the owners of the said land or materials, refuse or neglect to join in the choice) to be appointed by any justice of the peace of the county in which the lands or property in dispute shall lie.

Duties and

directors.

VI. And be it further enacted, That it shall be lawful, powers of the and it is hereby made the duty of the president and directors, to make and repair the said road from the before named John Weaver's in the town of Watervliet, to the before named John Walton's in the town of Cherry-Valley, in the best manner their funds will admit, either by bedding the same or such part thereof as may be necessary with stone or other hard substance, or by ditching on each side, raising the low places and digging down the hills in such manner as to make the same passable and convenient for loaded carriages; and the said president and directors are hereby empowered to commence their operations by making a good and sufficient bridge over the Schohariekill, at or near the place where the former bridge on said state-road stood.

Farther ope

faid road.

VII. And be it further enacted, That the said president rations on the and directors, after completing the bridge aforesaid, may and shall continue their operations by making and repair. ing such part or parts of the said road as they may judge will be most conducive to the convenience of travellers, and so from time to time until the work is completed and finished.

Cate and turnpike to

VIII. And be it further enacted, That as soon as the be erected at bridge aforesaid shall be completed and finished, it shall be lawful for the president and directors to erect a gate

the bridge.

« SebelumnyaLanjutkan »