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ers present, shall immediately proceed to the choice of one of the number for president; and the said president and directors 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 of the affairs of the said corporation; Provided, apportioned. That no bye-laws or regulations shall give or allow more than ten votes to any one stockholder, and that each person shall be entitled to one vote for every share by him held under the said number.

Votes how

Seven direcBors to conftisute a board.

Amount of Subfcriptions to the flock of faid company

Prefident and directors may deviate

road.

III. And be it further enacted, That no less than seven directors shall constitute a board for the transaction of 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.

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

V. And be it further enacted, That if it shall appear to the said president and directors that if by deviating from from the poft the said post 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.

Fowers and

privileges of faid corpora tion.

VI. And be it further enacted, That the said corporation hereby created shall, except as is herein otherwise provided, have the like powers and privileges as by the act, entitled An act to establish a turnpike corporation for improving the road from the city of Hudson to the line of Massachusetts on the road to Hartford, passed March the twentyninth, one thousand seven hundred and ninety-nine, and the act amending the same, passed the twenty-eighth day of March, one thousand eight hundred, are conferred on Reftrictions. the corporation therein mentioned, and shall be subject to the like restrictions and regulations as the said last mentioned corporation are made subject to, and shall make and improve the line of road directed by this act in like manner as is enjoined on the same corporation by the Rates of toll. said recited act, and also shall be entitled to have and receive the like rates of toll as are allowed to the corporation for improving the road from John Weaver's in Watervliet to Cherry-Valley aforesaid.

TOLL BRIDGES.A

Toll Bridges.

THIRTEENTH SESSION.

I.

CHAP. XXXVII

An ACT for building a Bridge across Haerlem-River.

Passed 31st March, 1790.

489.

E it enacted by the People of the State of New-York, Abridge from

B represented in Senate and Assembly, and it is hereby Harlem to

Morriffania

enacted by the authority of the same, That Lewis Morris, his to be built. heirs or assigns, be and he and they are hereby empowered and authorized at his and their own expense, to build a bridge from Haerlem across Haerlem-river to Morrissania, agreeable to the dimensions and directions following, that is to say: The said bridge shall not be less than thirty feet in width, and between the centre arches thereof shall be an opening not less than twenty-five feet, over which shall be a draw not less than twelve feet, for the free passage of vessels with fixed standing masts; and that it shall and may be lawful for the said Lewis Morris, his heirs or assigns, for and during the term of sixty years, to ask, demand and take for the use of the said bridge, a toll not exceeding the following rates, viz. For every four wheel pleasure carriage Rates of toll and horses, two shillings; for every two wheel pleasure carriage, or sleigh and horses, one shilling; for every waggon and horses, nine pence; for every market sled and horses, nine pence; for every ox cart and oxen, nine pence; for every one horse cart and horse, six pence; for every man and horse, six pence; for every ox, cow or steer, two pence; for every sheep, hog or calf, one penny; for every single passenger, three pence.

2

thereof.

II. And be it further enacted by the authority aforesaid, Prohibition That it shall not be lawful for any person or persons what- a bridges, boats soever, to erect or cause to be erected any other bridge &c. over or across the said Haerlem-river to Morrissania, or to keep any scow, flatt or other vessel, to ferry any person over or across the said Haerlem-river from Morrissania to Haerlem, except for the private use of the inhabitants of the townships of Haerlem and Morrissania; and if any such bridge shall be erected, or such scow, flatt or other vessel be used as aforesaid, except by the inhabitants of the said townships of Haerlem or Morrissania, the owner of such bridge, scow, flatt or other vessel, shall pay to the said Lewis Morris, his heirs, executors, administrators or assigns, treble the toll herein before specified, to be recovered in any suit or action of debt before any justice or justices of the peace having cognizance of the same.

[RESIDUE OF THIS ACT OBSOLETE.]
M m m

VOL. II.

Preamble.

Haeriem-riv.

be made.

EIGHTEENTH SESSION. CHAP. XXXI.
An ACT to enable John B. Coles to raise a Dam across
Haerlem-River, and to amend an Act, entitled “ An Act for
building a Bridge across Haerlem-River."

W

Passed the 24th of March, 1795.

HEREAS in and by an act entitled An act for building a bridge across Haerlem-river, passed March 31st, 1790, Lewis Morris, his heirs and assigns, were authorized at his and their own expense, to build a bridge across Haerlem-river, agreeably to the directions and dimensions therein specified, and for the term of sixty years, to ask, demand and take for the use of the said bridge, a toll not exceeding the rates in the said act mentioned; And whereas, The said Lewis Morris hath assigned his right to build the said bridge, and proposals have been made by John B. Coles to the assignees of the said Lewis Morris, to raise a dam of stone for the purpose of erecting mills thereon, and to be the foundation of the bridge aforesaid : Therefore,

A dam across I. Be it enacted by the People of the State of New-York, er where to represented in Senate and Assembly, That John B. Coles, his heirs and assigns, shall be and he and they are hereby authorized to build a dam across Haerlem-river, at such place as is or shall be determined on by the assignees of the said Lewis Morris, in pursuance of the act above recited and such dam shall be made of stone, and shall be so constructed as to be the foundation of the bridge aforesaid, and for collecting the water of the said river, for the use of grist and other mills.

A lock for boats how

II. And be it further enacted, That the said John B. conftructed. Coles, his heirs or assigns, at his and their own expense, shall make and keep in repair a lock, and shall provide and keep a sufficient person to attend the same, that no unnecessary delay may happen to those who may have occasion to pass through the said lock with boats; that the width of said lock be eight feet, and so constructed as that a vessel drawing two feet of water may at low water enter such lock, and that the length be forty feet.

Certain damages how af

paid.

III. And be it further enacted, That all persons whose certained and meadows and sedges may be injured, damaged or destroyed by the water so ponded up as aforesaid, shall be paid the amount of the damages he, she or they may so sustain, in the manner following: The amount of the damages that so as aforesaid shall be sustained, shall be determined, set and appraised by two justices of the peace, and by the oaths of twelve freeholders, not having any interest in the premises; and the said freeholders shall be summoned by a constable of the town or ward in which such damages shall have been sustained, by virtue of a

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warrant to be issued by the said two justices of the peace for that purpose, on the application of any person sustaining damages as aforesaid; the whole of the said damages. together with the charges of the said justices and jury, and of the whole proceedings thereon had, if any damages shall be found, shall be paid by the said John B. Coles, his heirs or assigns, within thirty days after notice to him or them given of the inquisition so taken as aforesaid.

Penalty on neglecting to keep the lock in repair.

IV. And be it further enacted, That in case the said John B. Coles, his heirs or assigns, shall neglect to keep the said lock in sufficient repair, or to furnish such attendance thereat as to prevent the free passage of boats, he or they shall for every such neglect forfeit the sum of two pounds, to be recovered with costs of suit, before any justice of the peace, by any person who will prosecute for the same. V. And be it further enacted, That the width of the said width of faid bridge shall not be less than twenty-four feet, any thing bridge. in the act above recited to the contrary notwithstanding.

VI. And be it further enacted, That the said John B. Coles, his heirs and assigns, shall give security to the treasurer of this state, in the penal sum of four thousand pounds, conditioned that be or they shall erect and complete the said bridge within four years after the passing of this act; and that he or they will preserve the same in good and sufficient repair during the term of sixty years after the building and completing of said bridge; and at the expiration of which term of sixty years the said bridge shall vest in and become the property of the people of this

state.

Security to be given for the thereof with

completion

in 4 years,&c

Privileges to
John B. Coles

after 60 years

VII. And be it further enacted, That from and after the expiration of the said sixty years, the said John B. Coles, his heirs and assigns for ever, shall have, hold and enjoy the use of the waters so ponded up for any mill or mills, which he or they, or any of them may have erected, or shall erect, and also the use of the said dam; Provided, Provifo. That he or they shall keep in repair the said dam and lock, at his and their proper expense, and keep a person to attend the said lock in manner herein before mentioned.

TWENTIETH SESSION. CHAP. LXIII. An ACT for the Relief of John B. Coles, and to provide for the laying out of new Roads.

W

Passed the 30th of March, 1797. HEREAS John B. Coles hath erected a bridge Preamble. across Haerlem-river in pursuance of an act, entitled An act for building a bridge across Haerlem-river, and another act, entitled An act to enable John B. Coles to raise a dam across. Haerlem-river, and to amend an act, entitled

Road made a

way.

An act for building a bridge across Haerlem-river ; And whereas, It is represented to the legislature, that although the commissioners named for that purpose in the first above mentioned act have laid out a road from the said bridge to Eastchester, yet the damages to the persons through whose land it is laid are not paid, and some part of the said road is not opened, and that the said John B. Coles has already expended a considerable sum of money in making, clearing and amending the said road, and that it will require further large sums for that purpose, besides what can be done in the ordinary mode of making and repairing highways in this state; And whereas, The said John B. Coles hath prayed relief in the premises; Therefore,

I. Be it enacted by the People of the State of New-York, public high- represented in Senate and Assembly, That the said road so laid out shall be and hereby is established as a public highway from and after the passing of this act, and shall and may be immediately opened as a public highway, although the damages to the persons or any or either of them, hrough whose land the same is laid out may not be paid; and it shall and may be lawful for the said John B. Coles and his assigns, at his and their expense, to cause the said road to be cleared, and properly made for the convenience of travellers and all others having occasion to use the same road; and as soon as the same road shall be made and cleared as aforesaid, then and from thenceforth it shall and may be lawful for the said John B. Coles and his assigns, for and during the term of thirty years, to demand and take an additional toll for passing the said bridge, not exceeding fifty per cent above what is allowed by the acts aforesaid, or either of them, and that the said John B. Coles shall at his own expense keep the said road in repair during the term he shall exact any additional toll for passing the said bridge.

Former act extended, &c.

[SECOND SECTION REPEALED.]

TWENTY-FIRST SESSION. CHAP. LXXVI·
An ACT to amend the Act, entitled "An Act for the Relief
of John B. Coles, and to provide for laying out new Roads."
Passed April 3d, 1798.

E it enacted by the People of the State of New-York,

Assembly, That

of thirty years, allowed in and by the act, entitled An act for the relief of John B. Coles, and to provide for laying out new roads, shall be and hereby is extended to the term of sixty years from the thirty-first day of March last; and that so much of the said act as declares that the said John

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