Pleading gen eral issue Steam-Boats Act extended es &c XLVIII. And be it further enacted, That if any person shall be sued for any thing done in pursuance of this act, it shall be lawful for such person to plead thegeneral issue, and to give this act and the special matter in evidence. XLIX. And be it further enacted, That all vessels navigated by steam, which may arrive in the port of New-York, shall be subject to such length of quarantine, and such regulations, as shall be designated and enjoined by the health officer, any thing in this act contained to the contrary notwithstanding. L. And be it further enacted, That the provisions of this act to all diseas shall extend to all diseases, which may in the opinion of the board of health, be deemed pestilential, contagious, or infectious, or otherwise dangerous to the health of the city. Former acts LI. And be it further enacted, That all acts and parts of acts, &c. repealed of the legislature of this state, inconsistent with the provisions contained in this act, or which come within the purview thereof, be, and the same are hereby repealed. CHAP. LXXII. Corporation created name and ge AN ACT to incorporate the Caughnawaga Bridge Company. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Thomas Sammons, Abraham A. Van Horne, Henry I. Fonda, John Morrell, John Putnam and Daniel O. Conner, and their present and future associates, their successors and assigns be, and they are hereby created a Corporate body corporate and politic, by the name of "The president and neral powers directors of the Caughnawaga bridge company" for the purpose of building a bridge over the Mohawk river, between the towns of Johnstown and Charleston, at the most convenient place within three quarters of a mile west of the ferry commonly called Fonda's ferry, and by that name they and their successors shall and may have continual 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, 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 the said corporation Provided, the real estate so purchased shall be such only as shall be necessary to promote or attain the object of this incorporation. Previso Directors Elections : 11. And be it further enacted, That the stock, property, affairs and concerns of the said corporation, and the manner of obtaining subscriptions thereto shall be managed, directed, and conducted by five directors, who shall be stockholders, and shall, together with a treasure, be annually chosen and elected on the first Monday of July in every year, at such places in the village of Caughnawaga, as the directors for the time being shall appoint, of which notice shall be given in one of the newspapers printed in the county of Montgomery, at least thirty days before the day of meeting, and the said election be held and made by such of the stockholders as shall attend for that purpose either in person or by proxy, which proxies shall always be stockholders; and all elections shall be by ballot, and such person as shall have the greatest number of votes given as treasurer, shall be treasurer, and in like manner, such five persons as shall have the greatest number of votes given as directors, shall be directors, and shall hold their offices for one year, and until others are elected in their places; that if any vacancy shall Vacancies happen by death, resignation, or otherwise, such vacancy shall be filled for the remainder of the year in which they may happen, by the appointment of the directors, for the time being, or a majority of them, and that the first directors shall be Thomas Sammons, Abraham A. Van Horne, Abraham Morrell, Henry I. Fonda and First direc John Putnam, and the first treasurer shall be Giles Fonda, who tors shall hold their offices until the first Monday in July, in the year of our Lord one thousand eight hundred and twenty-four, and the said directors at their first meeting shall appoint one of their number president. III. And be it further enacted, That the number of shares o Capital stock subscriptions constituting the stock or fund of the said corporation, shall not exceed eight hundred shares; that each share shall be fifteen dollars, and each stockholder shall be entitled to a number of votes proportioned to the number of shares which he or she shall have or hold in his or her name.. Votes Bridges and hibited, &c IV. And be it further enacted, That it shall not be lawful for any person or persons to erect any bridge, or establish any ferry or ferries pro ferries across said river, within one mile from the place where the bridge aforesaid shall be erected and built by the said company, but it shall and may be lawful for any person or persons to pass and repass with his or their own boat, or on the ice, without being subject to toll. dissolved in V. And be it further enacted, That in case the aforesaid bridge Corporation shall not be erected, built and completed, on or before the first a certain day of August, in the year of our Lord, one thousand eight bun- event dred and twenty-six, then the corporation created by this act shall be adjudged and considered as dissolved. stock to be erecte d' VI. And be it further enacted, That it shall and may be law- Calls on ful for the said president and directors, to call and demand from the stockholders respectively, all such sums of money by them subscribed, at such times and in such proportions as they shall see fit, under pain of forfeiture of their shares, and all previous payments made thereon, to the said president, directors and company. Vil. And be it further enacted, That as soon as the said Gates when bridge shall be finished and completed, and the judges of the court of common pleas, in and for the county of Montgomery, or any two of them, shall upon inspection certify under their hands, that the said bridge is well and sufficiently constructed and built, and will admit of the passage of teams with loaded carriages, it shall and may be lawful for the said president and directors to erect a gate at either end of the said bridge, and demand, receive and take for the use of the said corporation a toll, not exceeding the following rates, to wit: for every four-wheel pleasure carriage drawn by Rates of toll Proviso Injuries to bridge pro hibited Damages Forcibly pas sing &c Bridge, if im corporation dissolved Proviso four horses, twenty-five cents, if drawn by two horses, eighteen and VIII. And be it further enacted, That if any person or persons shall wilfully do, or cause to be done, any act whatsoever, whereby the said bridge, or any thing appertaining to the same, shall be impaired, weakened or injured, the person or persons so offending shall forfeit, and pay to the said company, treble the amount of damages sustained by means of such offence or injury, to be recovered by said company with costs of suit, in an action of trespass, in the name of the treasurer of said company, to their use, in any court of record having cognizance thereof, which action shall in every instance be considered transitory in its nature. IX. And be it further enacted, That if any person or persons shall forcibly pass the gate to be erected on said bridge, in pursuance of this act, or shall cause his or their horse, carriage, waggon, sled, cattle, or other thing, to pass the same, without having paid the legal toll for passing the said bridge, such person or persons shall forfeit and pay a fine not exceeding ten dollars, nor less than one dollar, to be recovered in the name of the treasurer of said corporation, to their use, in an action of trespass, which action shall, in every instance, be considered as transitory in its nature. X. And be it further enacted, That if the said bridge, after passable & the same shall have been completed, shall at any time be impassable for the term of thirty days, then the said corporation shall cease, and the same is hereby declared in such case to be dissolved: Pro-A vided nevertheless, That no such dissolution of the said corporation shall take place, if the said bridge shall be carried away by shall ice, freshets, or any unavoidable accidents, in case the same be rebuilt within two years after the same shall be carried away. Further pro And provided also, That nothing in this act contained, shall be deemed to inhibit ferriages across the said river until the said bridge is completed, and during such time as the said bridge shallTM be so out of repair as not to admit of the safe passing the same. XI. And be it further enacted, That the shares in the said company shall be demed taken, and considered to be personal estate, vise Stock deelar ed personal estate. and shall be transferable in such manner, and under such regulations as the president, directors, and company, shall direct. be exhibited XII. And be it further enacted, That the president and direc- Accounts to tors for the time being, or a majority of them, shall annually, on annually. the first Monday of July in each year, lay before the stockholders of the said corporation, a general statement of their accounts and proceedings, which said statement, it shall be the duty of the president and directors to lodge with the treasurer, at least ten days previous to such annual meetings, for the inspection and examination of stockholders. Provise XIII. And be it further enacted, That the president and di- Lands taken how apprais rectors, their agents, artists, or other persons employed by them, ed &c may enter on, and take possession of the lands on each side of the said river, where the said president and directors shall determine to build said bridge; and in case said lands so to be taken possession of, shall not be part of the public highway, the said corporation shall, before taking the possession of any such land, pay the owner or owners thereof, on receiving a conveyance of the land, the value of so much of the same, as may be necessary for making said bridge, and erecting, and establishing a gate, tollhouse, 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 where the land shall lie, who shall be appointed for that purpose, and sworn to make a just valuation, by the judges of the court of common pleas not interested, or a major part of them, held for the same county, on application made to them by the said president and directors, for such appointment; and it shall be the duty of the said president and directors, to make such application within six weeks after possession taken of such lands, and disagreement as to the value thereof: Provided always, That if the said bridge shall be carried away by ice, or be otherwise destroyed or become impassable for carriages, and be not re-bullt within two years after such bridge be so carried away by the ice, or be otherwise destroyed, or be not rendered passable for carriages, within thirty days after becoming impassable as aforesaid, that in either of the said cases, the said president, directors, and company, or the stockholders of the said company, if this corporation shall become dissolved, shall re-convey to the said owners respectively, and their respective heirs and assigns, if thereunto required, such parts of the land now belonging to the said owners as shall be appropriated, or be obtained by the said president, directors, and company, by appraisment or otherwise, for the use of the said company, at, and for such sum or sums of money, as the said owners respectively shall receive for the same; and if the said president, directors, and company, or the stockholders thereof, if the corporation shall become dissolved, shall, during twenty days, after such request made, refuse or negleet to execute such conveyance, such land shall become vested in the said owners respectively, making such request in the same manner as the said owners respectively held the same before it was obtained or appropriated as aforesaid. compounding XIV. And be it further enacted, That it shall and may be law- Privilege of ful for any person or persons, residing within three miles of the for toll Duration of act. said bridge, to compound with the said company, for the privilege of using the said bridge, and passing through the said gate. XV. And be it further enacted, That this act shall be in force for the term of twenty-one years after the completion of the said bridge, and toll is received for passing thereon, and po longer. Tax to be le bea CHAP. LXXIII. AN ACT requiring the Supervisors of the County of Steuben to levy a Tax, for the purpose of improving the Navigable Streams in said County. Passed March 21, 1823. I. BE it enacted by the People of the State of New-York, revied in Steu presented in Senate and Assembly, That the supervisors of the aforesaid county, shall levy a tax annually for and during the term of five years, on the freeholders and inhabitants of the said county of Steuben, of a sum not to exceed each year two hundred and fifty dollars, at the discretion and requisition of the commissioners, to be hereinafter named; and the said sum or sums to be levied and collected as aforesaid, shall be paid into the hands of the treasurer of the county the same as other public monies, whose duty it shall be to pay out the same on the order of the commissioners aforesaid. Commission and du ties 11. And be it further enacted, That John W. Fowler, Archa ers appointed Campbell, Ira Davenport, William Stephens and Jesse Tolbert, be, and the same are hereby appointed commissioners, whose duty it shall be to explore and examine the streams in said county, which are by law declared public highways; and they, or a majority of them, shall meet and make an estimate of the necessary sum to be levied and collected as aforesaid, and apportion the same in their several districts as may be equitable and just; and lay said estimate before the supervisors, at their annual meetings in October in every year, and shall account to the aforesaid board of supervisors annually, for the faithful application of the monies so levied and collected as aforesaid; and the said commissioners, or either of them, shall at all times, when information is given, remove any obstructions that may fall into said streams, without delay; and shall retain for their services, for every day they shall be employed, as aforesaid, one dollar and twenty-five cents each. Certain coun lieved from CHAP. LXXIV. AN ACT for the relief of George Merchant, and others. Passed March 21, 1823. re BE it enacted by the People of the State of New-York, ty clerks re presented in Senate and Assembly, That no further proceedings certain penal shall be had in any suit brought by or in the name of the acting. superintendent of common schools, against George Merchant, of Albany, John Metcalfe, of the county of Steuben, Smith Dunlop, of the county of Oswego, Edward Bancroft, of the county of Lew ties |