personal property, of the taxable inhabitants residing in the village of West Oswego, for two successive years, after the road from said village shall have been laid out and recorded as aforesaid, and shall direct the collector of said town of Oswego, to pay the same, with such other monies as shall be collected from any person, by virtue of this act, that shall be assessed on lands, bounding upon the last mentioned road, to the commissioners of said town of Oswego; and it shall be the duty of the said commissioners, to cause all the inonies that shall come into their hands by virtue of this section, together with so much as shall be levied, collected and paid over to them, from the assessments along said road, to the five mile tree, to be laid out in improving such parts of the said road in the towns of Sterling and Wolcott, as they shall think proper. Duty of com- VI. And be it further enacted, That it shall be the duty of the commissioners of highways in the several, towns where any part of the said roads shall be laid out, to order the overseer or overseers in whose district any part of said road shall be, to cause to be worked on said state roads, the amount which shall be so assessed, levied and collected, and shall pay over all the mouies that shall come into their hands, from time to time, by virtue of this act, to the said overseers without delay. missioners of highways Duty of over seers of high ways Pay of com missioners per day Roads to be districted H. Graves, jr appointed commr. VII. And be it further enacted, That it shall be the duty of the said overseers of highways, faithfully to apply the money that may come into their hands respectively, by virtue of this act, in improving the said state road in each of their respective districts, as the said commissioners of highways shall direct. VIII. And be it further enacted, That the commissioners aforesaid, shall receive for their services, including their own personal expenses, two dollars per day, and all other necessary expenses for laying out said roads, and causing the survey bill or field notes, to be filed as aforesaid, to be allowed, collected, and paid as other town charges, to be paid by the town or towns, in proportion to the length of the road respectively. IX. And be it further enacted, That it shall be the duty of the commissioners of highways, in any of the towns in this state, through which any such state or county road, shall be laid, to cause the same to be districted and opened, and the damages of passing through improved lands, to be assessed and paid in the same manner as is provided by the several acts, regulating high ways. X. And be it further enacted, That Hobart Graves, junior, be, and he is hereby appointed a commissioner, in the place of Andrew Clark, resigned, to perform the duties of a commissioner, under the act entitled "An act for the appointment of new commissioners to lay out and improve a road from Utica, in the county of Oneida, to Winfield, in the county of Herkimer, passed the 30th day of March, 1820." CHAP. CVII. AN ACT to amend an act, entitled "An act to erect a new County, from part of the County of Ontario, by the name of Yates, and for other purposes," passed February 5, 1823. Passed April 3, 1823. votes I. BE it enacted by the People of the State of New-York, Canvass of represented in Senate and Assembly, That it shall and may be lawful for the board of county canvassers of the county of Yates, to meet at the house of Asa Cole, in Benton, in said county of Yates, on the Tuesday next following the election which is to be held in said county on the second Tuesday of April, one thousand eight hundred and twenty three, in pursuance of said act erecting said county of Yates, and t such meeting, proceed and canvass the whole number of votes given in said county of Yates, in pursuance of an act for regulating elections, passed April 17, 1822. Secretary of 11. And be it further enacted, That the first judge of said county shall be the secretary of said board of canvassers, and shall the board &c. do all the duties of county clerk at such meeting, that is required to be done by virtue of said last referred to act, and that all notices required by law to be put on the outer door of any court-house, may, in the said county of Yates, be put up on the outer door of the house of the said Asa Cole, until a court-house shall be erected; and in case the said county courts shall be hereafter held at any other house or place, then such notices shall be put on the outer door of said house or place, where the said county courts were last held. CHAP. CVIII. AN ACT to dissolve the Ithaca and Geneva Turnpike Company, and to declare the Ithaca and Geneva Turnpike Roud to be a Public Highway. Passed April 3, 1823. WHEREAS the president and secretary of the board of direc- Preamble tors of the Ithaca and Geneva Turnpike Company, being duly authorised by the stockholders, and the board of directors of said company, have petitioned the legislature to dissolve said company, and to declare the Ithaca and Geneva Turnpike road to be a public highway, from and after the fifteenth day of March next: Therefore, BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That the Ithaca and Geneva dissolved & inrnpike company shall be dissolved from and after the passing of this act, and that the Ithaca and Oeneva turnpike road shall, from and after that day, be and remain a public highway; and it shall be the duty of the commissioners of highways in the several towns, through which the said road passes. to district and cause the same to be worked and repaired in the same manner as other bighways are districted, worked and repaired. Preamble CHAP. CIX. AN ACT for the relief of Elisha Payne. Passed April 3, 1823. WHEREAS it is represented that the Seneca Lock Navigation Company, in constructing their canal and works at Seneca Falls, on the Seneca outlet, have constructed a dam in such a situation as to deprive the said Elisha Payne of valuable hydraulic privileges, and that the said dam may be so altered as to restore him the said privileges, without injury to the rights of the said company, or the navigation of the outlet aforesaid: Therefore, 1. BE it enacted by the People of the State of New-York, reremoved &c presented in Senate and Assembly, That it shall and may be lawful for the said Elisha Payne, to remove the north part of said dam up the channel of said stream, and extend the same to any point on the north shore of said stream above his east line: Provided, the navigation of boats on the said outlet, shall not in any wise be impeded thereby. Dam may be Proviso E. Payne to the bond II. And be it further enacted, That the said Elisha Payne give bond &c shall, on or before the first day of August next, and before removing the said dam, with two sufficient sureties, to be approved of by the clerk of Seneca county, execute a bond to the president, directors and company of the Senaca lock navigation company, in the penalty of six thousand dollars, conditioned to conCondition of struct the new dam and works herein before authorised, in a firm, substantial and workmanlike manner; and so to connect the same with said canal or dam as not to affect the navigation thereof or injure the rights or property of the said company, which bond shall be filed in the office of the said clerk of Seneca county; and in case of non-performance of the condition thereof by the said Elisha Payne, his heirs or assigns, the said president, directors and company may prosecute the said bond and recover thereon all damages which they may sustain in consequence of the non-fulfilment Water used for mills Proviso thereof. III. And be it further enacted, That the said Elisha Payne, his heirs or assigns, may use the waters of the said stream, on bis or their own land, for mills and other hydraulic purposes: Provided however, That such use of said waters shall not impede or in any wise affect the navigation of said stream, or the canal and works of said company. CHAP. CX. Corporation created AN ACT to Incorporate the Narrowsburgh Bridge Company. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That William A. Cuddeback, Abraham Cuddeback, William A. Stokes, and their present and future associates, their successors and assigns, be and they are here by created a body corporate and politic, by the name of "The neral powers President and Directors of the Narrowsburgh Bridge Company," for Corporate the purpose of building a bridge over the Delaware river, at the name and ge place known by the description of the Narrows of the Big Eddy, in the town of Lumberland, in the county of Sullivan; and they are hereby ordained, constituted and declared, to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and shall be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; 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 said corporation: Provided, The real estate so to be Proviso purchased, shall be such only as shall be necessary to promote or attain the object of this corporation. II. And be it further enacted, That the stock, property, af- Directors fairs and concerns of said corporation, and the manner of obtaining subscriptions thereto, shall be managed by seven directors, who shall be stockholders, and shall be annually chosen and elected on the first Monday in June, in each and every year, at such place as the directors for the time being, or a majority of them, shall appoint, of which notice shall be given in one of the newspapers printed in the village of Goshen, Orange county, at least twenty days before the day of meeting; that all elections shall be by bal- Elections lot, and the persons having the greatest number of votes shall be the directors, and shall hold their offices for one year and until others shall be chosen in their places; and if any vacancies shall Vacancies happen among the directors, by death, resignation or otherwise, such vacancies shall be filled for the remainder of the time in which they may happen, by the appointment of the other directors for the time being, or a majority of them; that it shall be lawful Calls on stock for the said president and directors to call on, demand and collect from the stockholders respectively, all such sums of money by them subscribed, or to be subscribed, at such times and in such proportion as they shall see fit; and that the first directors shall be George D. Wickham, Benjamin Woodward, Benjamin B. New- tors kerk, William A. Cuddeback, Abraham Cuddeback, William A. Stokes and Jubal Terbell, and shall hold their offices until the first Monday in June, one thousand eight hundred and twenty-four, or until others shall be chosen to succeed them; and that the said directors shall, at their first meeting after such election, appoint one of their number to be president. First direc III. And be it further enacted, That the number of shares in Capital stock the stock of said company, shall not at any time exceed six hundred shares of twenty-five dollars each; and that the said shares shall be taket, deemed and considered to be personal estate, and shall and may be transferable. IV. And be it further enacted, That at all elections for direc- Votes tors, every stock holder shall be entitled to a number of votes proportioned to the number of shares he or she shall hold in his or her name. Taking lands &c Appraise inent V. And be it further enacted, That the said president and directors, their agents, artists, or other person or persons employed by them, may enter upon and take possession of the lands on the east side of said river, where the said president and directors are authorised to build said bridge; and in case such land, so taken possession of, shall not be a part of the turnpike road, the said corporation shall pay the owner thereof, on receiving a conveyance of the land, the value of so much of the same as may be necessary for the making said bridge, and erecting and establishing a gate, toll-house, and all other works to the said bridge belonging; and in case of disagreement between the parties as to such value, the same shall and may be ascertained by three indifferent freeholders of the county of Sullivan, who shall be appointed for that purpose by the judges of the court of common pleas of the same county, or a majority of them, not interested therein, on application from the said president and directors, which said freeholders shall be sworn before one of the said judges, to make a just valuation, taking into consideration the advantages and disadvantages to the said owner Proviso or owners: Provided nevertheless, That it shall not be lawful for the said president and directors to enter on or take possession of said land, until they shall have paid the value of the same, to be ascertained as above directed: And provided also, If the said bridge shall not be built within seven years from the passage of this act, or shall be destroyed and not rebuilt in four years after such bridge shall be destroyed, that in such case the said corporation shall become dissolved, and the lands so taken shall revert to the original owners and their respective heirs and assigns, the same as before it was obtained or appropriated as aforesaid. Further pro Gate Bridge VI, And be it further enacted, That the said bridge shall be an arch from shore to shore, and as near as practicable to the model of the Newburgh and Cochecton turnpike bridge over the Neversink river. VII. And be it further enacted, That as soon as the said bridge shall be completed, and the judges of the court of common pleas of the county of Sullivan and Orange, or any three of them, not interested therein, shall, upon inspection, certify under their hands, that the said bridge is well and sufficiently completed, and built conformably to this act, and will admit the passage of teams and loaded carriages, it shall and may be lawful for the said president and directors, to erect a gate at the east end of said bridge, and demand and take for the use of said corporation, a toll not exceedRates of toll ing the following rate, to wit: for every four wheel pleasure carriage, drawn by two horses, thirty cents, and six cents for every additional horse; every stage, waggon or coach, drawn by two horses, twenty-five cents, and six cents for every additional horse; every curricle, chaise, chair, or sulky, drawn by one horse, eighteen and three quarter cents, and six cents for every additional horse; every waggon, sleigh, or sled, drawn with two horses, mules, or oxen, eighteen and three quarter cents, and six cents for every additional horse, mule or ox; every cart drawn with two oxen, eighteen and three quarter cents, and six cents for every additional ox; every one horse cart, waggon, sleigh, or sled, drawn with one horse or mule, nine cents; every one horse pleasure waggon, the body of which rests on steel springs, or thorough braces, |