0

for the purpose of erecting the said bridge and toll-house: the said
sum of six thousand dollars, over and above the ordinary fees for
collecting the same, to be levied, collected and raised, in the man-
ner the contingent expenses of the said towns are usually levied,
collected and raised by law; the one-third of the said sum of six
thousand dollars, to be raised at the next annual meeting of the
board of supervisors of the said county of Tioga, and the residue in
two equal annual assessments thereafter; which said several sums
of money, when collected, shall be paid over by the collectors of
the said respective towns, to the board of directors hereinafter
mentioned: Provided, That it shall be the duty of the respective Provise
town clerks of the said towns of Elmira and Southport, within
two weeks after the promulgation of this act in the said towns, to
give written notice thereof, by placing the said notice on the out-
ward doors of the houses where the last annual town meetings were
held in the said towns, and by publishing the same in the Investi-
gator, a newspaper printed in the said town of Elmira, three weeks
previous, that special town meetings will be held in the said towns,
agreeably to such notice, to take into consideration the provisions
of this act; and if a majority of the freeholders of the said towns,
so convened, shall vote in favour of the said act, it shall then be-
come a law, for all the purposes contained in the said act.

III. And be it further enacted, That the inhabitants of the Who shall be said towns respectively, and all other persons who shall be rated stockholders or taxed for the purpose of erecting the said bridge, and who shall

have actually paid such tax, shall be stockholders of the said com-
pany, in the proportion that the tax so paid shall bear to the capi-
tal stock of the said company; and the said stock to be transfera-
ble and assignable on the books of the said company; and that
dividends of the net proceeds of the said bridge, be made at the &c
expiration of every six months, after the said bridge shall be
erected and completed, payable to the stockholders or their legal
representatives, in due proportion, at the office of the treasurer of
the said company, on demand.

Dividends

IV. And be it further enacted, That the concerns of the said Directors
company be
managed and conducted by six directors, who shall be
stockholders, and who shall be freeholders, three of whom shall re-
side in, and be elected annually, on the second Tuesday of March
in each year, by the stockholders of the said company residing in
the said town of Elmira; and three of whom shall be freeholders,
and shall reside in, and be elected annually, on the second Tues- Election
day of March in each year, by the stockholders of the said compa-

ny residing in the said town of Southport; and that it shall be
the duty of the said directors to give bonds, with sufficient sure- Ronds by di
ties, to be approved of by the auditors herein after mentioned, to rector
the said company, for the faithful performance of their duties un-
der this act, in the penal sum of one thousand dollars each, within
fifteen days after receiving notice of their said election, and before
they proceed upon the duties of their said office; and shall hold
their said offices for one year, and until others be chosen in their
stead; and who shall, when so elected and qualified, constitute a
joint board of directors; and shall elect one ont of their number
to be their president; and that four of the said directors consti- and powers
tute a quorum, and be authorised to proceed and act for the said record of di

President

&c

tion

company; and that the said directors have power to make such by-laws, rules and regulations, not inconsistent with the laws and constitution of this state, or of the United States, as shall be necessary for the management and well ordering the affairs of the said corporation, to call special meetings of the stockholders, to appoint and employ such agents, clerks, superintendants, toll-gatherers, workmen and other persons, as shall be necessary for executing the business of the said corporation, and to require and receive from the treasurer, toll-gatherer, and other persons in their employ, bonds, with sufficient sureties for the faithful discharge of Vacancies their trust; and if at any time the treasurer, or either of the said directors, shall die, resign or remove from the said towns, cease to be a stockholder, or become otherwise incapable of acting, his place shall be filled for the remainder of the year, by such persons as the directors, or a majority of them, shall appoint; and First elec that the first election for directors, in the said town of Elmira, shall be held at the court-house in the village of Newtown, on the second Tuesday of March, in the year one thousand, eight hundred and twenty-four; and that the first election for directors, in the said town of Southport, be held at the hotel in Southport, on the said second Tuesday in March, last aforesaid; and that Stephen Tuttle, Ebenezer Sayre, William Maxwell, of the said town of Elmira, and Samuel Strong, John H. knapp and Platt Bennett, of the said town of Southport, shall be the first directors of the said company, and shall hold their offices until the said first Tuesday in March, in the year one thousand eight hundred and twenty-four, and until others be chosen in their stead, and shall have the same power and be subject to the same regulations, as are given to and required of the said directors mentioned in this act; and it shall be the further duty of the said directors, annually and every year, at least fifteen days before the annual election for directors, to render an account to the auditors hereinafter mentioned, and make out and affix in the office of the treasurer of the said company, a statement of the concerns of the said company, and of the receipts and expenditures, contingent expenses, profits and proceeds of the said bridge, which shall be open to the inspection of the stockholders, and all concerned in the said company.

First direc

tors

Annual ac counts

Dimensions

V. And be it further enacted, That the said bridge shall be cc of bridge well and sufficiently constructed, and shall be not less than twenty-two feet in width over the said river; and that whenever the judges of the court of common pleas, in and for the said county of Tioga, or any two of them not interested therein, shall certify under their hands, that the said bridge is well and sufficiently constructed and built, according to the true intent and meaning of this act, it shall and may be lawful for the president and directors to Toll-gates erect a gate, at either end of the said bridge, and to demand and and rates of receive, for the use of the said corporation, the tolls following, to

wit: for every four-wheel pleasure carriage, hung on steel springs, drawn by two horses, thirty-one cents, for every additional horse, six cents; every two-wheel pleasure carriage, drawn by one horse, twelve and a half cents, and for every additional horse, six cents; every waggon, cart or sleigh, drawn by two horses, mules or oxen, fifteen cents, and for every additional horse, mule or ox, three cents; every one-horse waggon, or sleigh or cart, ten cents; eve

ry man and horse, five cents; every foot passenger, three cents;
every score of horses, mules or cattle, forty cents, and in propor-
tion for a less number; every score of hogs or sheep, twenty cents,
and in proportion for a less number; and it shall be lawful for any
toll-gatherer appointed by said directors, to stop and detain every
person, with their teams, horses, cattle, or any thing which is lia-
ble to toll, until they shall have respectively paid the toll herein al-
lowed to be collected: Provided nevertheless, That all persons Provis
going to or from public worship, or to or from a funeral, and also
all baggage waggons and artillery and all troops or military stores
belonging to this state or the United States, shall be exempt from
any toll at the said bridge.

es and ferries

VI. And be it further enacted, That it shall not be lawful for Other bridg any person or persons to erect a bridge, or establish or keep a fer- & esterni ry, or open or keep open any public fording place, within two miles ed from the place where the said bridge shall be erected and built, and whilst the same shall be kept in repair by the said company, during the continuance of the corporation hereby created.

VII. And be it further enacted, That if any person or per- Injuries to sons shall wilfully do, or cause to be done, any illegal act whatso- bridge ever, whereby the said bridge or any thing appertaining to the same, shall be weakened or injured, very person so offending, shall forfeit and pay to the said company, treble the amount of damage sustained by means of such offence or injury; and if

any person or persons shall forcibly pass the gate to be erected on Forcibly pass said bridge in pursuance of this act, without having paid the le- ing the gate gal toll, or shall ride or drive any horse or team on the said bridge, faster than a walk, such person or persons shall forfeit and pay a Penalty fine not exceeding ten dollars, nor less than one dollar; and all such fines and forfeitures shall be recovered by said company, with costs of suit, in an action of debt, in the name of the treasurer of the corporation, and to their use, in any court having cognizance thereof, which action shall, in every instance, be considered as transitory in its nature.

сеззе

Vill. And be it further enacted, That if the said bridge shall Act when t not be erected, built and completed, within three years from the passage of this act, or if after the said bridge shall have been. completed, it shall at any time be impassible for the want of sufficient repairs, for the term of sixty days, or if the said bridge shall be carried away by ice, or otherwise destroyed, and shall not be re-built within two years, then, and in either of these cases, the corporation created by this act shall be adjudged and considered to be dissolved, to every intent and purpose, except for the purpose of answering and defending any suit or suits to be commenced against them.

IX. And be it further enacted, That it shall be the duty of Printed list of the said corporation to cause to be affixed in a conspicuous place tolls over the said gate, a printed list of the rates of toll, and if any toll-gatherer shall demand and receive more toll than is by this act allowed to be taken, or shall unreasonably hinder or detain any traveller, he shall, for every such offence, forfeit and pay a sum not exceeding ten dollars, to be sued for and recovered before any justice of the peace, of the county wherein such offences

Penalty on toll gatherer

Two former acts repealed

Auditors to

be elected

Public aet

shall be committed, for the use of the person or persons so defrauded, hindered, or detained.

X. And be it further enacted, That the act, entitled, “ An act to incorporate the Elmira bridge company," passed April 7th, 1817, and the act entitled, "An act to extend the time for completing the Elmira bridge," passed April 14th, 1820, be, and the same are hereby repealed.

XI. And be it further enacted, That the stockholders of the respective towns of Elmira and Southport, shall, at their annual meeting in each year for choosing directors, elect one auditor in each of said towns, whose duty it shall be to examine and approve of the sureties to be given by the directors herein before mentioned, and also once in each year, at least fifteen days before the annual election, to examine the accounts to be exhibited to them by said directors, in pursuance of the provisions of this act, and to audit and settle the concerns of the said company, and to report the state thereof to their respective constituents, at the next annual election for directors, in their respective towns.

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

Preamble

Corporation created

Corporate

CHAP. CLXXVII.

AN ACT to incorporate the Firemen, of the Village of Brooklyn.
Passed April 16, 1823.

"WHEREAS the firemen of the village of Brooklyn, in Kings county, have by their petition to the legislature, prayed to be incorporated, the more effectually to enable them to provide adequte funds for the relief of indigent and distressed firemen : Therefore,

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all such persons as now are, or hereafter may be engineers of the fire department or firemen, belonging to any of the fire engines, and the hook and ladder company of the Village of Brooklyn, shall be, and hereby are constituted and declared to be a body politic, in fact and in name, by the name of the " Fire department of the village of Brooklyn," and by that name, they and their successors, during the existence name and go of this act, 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, in all manner of actions, suits, complaints, matters and causes 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 name aforesaid, shall be capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided. That the annual in come of such real and personal estate, shall not at any time exceed the sum of one thousand dollars.

Provise

sident and

11. And be it further enacted, That the affairs of the said cor- Trustees, pre poration, shall be managed by a board of trustees, which shall con- officers sist of a president, vice-president, secretary, treasurer and nine trustees, to be chosen out of the whole body of said engineers, firemen, and book and ladder men; and that John Doughty, shall be the first president, Joshua Sutton, the first vice-president, Richard Cornwell the first secretary, and Jeremiah Wells, George Fricke, Moores Simonson, Gamaliel King, Michael Trapple, Simeon Back, Joseph Moser, Parshall Wells, and George L. Birch, the first trustees, to hold their respective offices for the time limited, by and until others shall be appointed in their place, according to the by-laws of the said corporation.

ers of corpo

Ill. And be it further enacted, That the said corporation, Special pow shall have full power to make and establish such by-laws, rules and ration regulations, as they from time to time, shall see fit and proper,

as to the time, place and manner of electing their officers and trustees aforesaid, and as to the term and period of their continuance in office; and as to the manner of filling vacancies, and as to the powers and duties of the said officers and trustees, and also for the management and disposition of the property, estate and effects of the said corporation, for the purpose of carrying into effect the general objects thereof, for fixing the times and places of meeting of the said corporation, for regulating the manner of conducting their business when met, and with respect to all such other matters whatsoever, as relates to the purposes for which the corporation is hereby constituted and appointed, and for no other purpose whatsoever: Provided, That such by-laws shall not be inconsistant with the laws of this state, or the United States.

IV. And be it further enacted, That this act shall be considered Public act as a public act, and shall be construed favorably, in all courts and places for every purpose therein intended.

V. And be it further enacted, That this act shall continue in Duration act force, until repealed by the legislature.

CHAP. CLXXVIII.

AN ACT to erect a new Town from parts of the Towns of
Ellicott and Harmony, in the County of Chautauque.

Passed April 16, 1823.

1. BE it enacted by the People of the State of New-York, re- Town of presented in Senate and Assembly, That from and after the Busti erected first day of March next, all those parts of the towns of Ellicott and Harmony, in the county of Chautauque, included in the following bounds, to wit: beginning on the north line of Pennsylvania, at the south-west corner of lot number forty-one, in the first township, in the twelfth range; thence running east along the said north line of Pennsylvania, to the southeast corner of lot number thirtythree in the first township, in the eleventh range; thence north to the southeast corner of lot number forty, in the said first township, in the eleventh range; thence west along the south line of the last mentioned lot to its southwest corner; thence north to the