and when returning from market nine and a half cents, and four and a half cents for every additional horse, jack, mule or ox; every cart or other two wheel carriage of burthen, drawn by one horse, jack, mule or ox, six and a quarter cents; every cart or other twọ wheel carriage of burthen, drawn by two horses, jacks, mules or oxen, ten and a half cents, and four and a half cents for every additional horse, jack, mule or ox; every sleigh or sled of any descrip. tion, drawn by two horses, jacks, mules or oxen, nine and a half cents, and four and a half cents for every horse, jack, mule or ox; every foot passenger one cent; every load of lime, timber, staves, hoop-poles or other articles, not the produce of the farms, drawn by two horses, jacks, mules or oxen, coming into the first or second wards of Schenectady, twelve and a half cents, and nine and a half cents when such waggon shall return empty; every additional horse, jack, mule or ox four and a half cents. freight and II. And be it further enacted, That it shall and may be lawful Toll of stage for the president and directors of the said company, to demand and burthenwag receive from every person or persons passing the gate or gates erec- gons. ted on said bridge, with every stage, freight or burthen waggon, drawn by more than four horses, jacks, mules or oxen, the same tolls as they were formerly allowed to take in and by an act concerning the president and directors of the Mohawk bridge company, passed March 30th, 1809, and the like tolls on all other carriages drawn carriages. by more than four horses, jacks, mules or oxen, any law to the contrary thereof notwithstanding. Toll of other erected. III. And be it further enacted, That it shall not be lawful for Piers when the said president and directors to erect any additional piers under allowed to be said bridge in the river, without previously having the place where the said piers are to be placed, and the situation of the lands contiguous to the said bridge, examined by two persons not interested in said bridge company, to be appointed by the chancellor or one of the justices of the supreme court, competent to judge of the same, and filing their certificate in the clerk's office, in the county of Schenectady, stating that in their opinion, the piers may be erected without injury to any of the adjoining lands by obstructing the said river: Provided, that nothing in the preceding section contained shall be Provi construed to take away any right of action that any person or persons may have for any damage he or they may sustain by the erection of such piers. Duty of the thecompany. IV. And be it further enacted, That it shall be the duty of the treasurer of the aforesaid president and directors of the Mohawk treasurer of bridge company, to allow any stockholder at all reasonable times to examine the accounts and ascertain the state of the funds of the said company, and to examine and ascertain the names of the stockholders in said company, and that at every election of directors an account current of the past year shall be open for the inspection of the stockholders, as audited by a committee of the directors, together with a state of the funds of the said company, and the debts owing by them. V. And be it further enacted, That the toll gatherer or toll gatherers of said bridge shall not be bound to allow any person or persons to pass the gate or gates thereof, at the mitigated rates of toll as citizens of Schenectady, in cases wherein he has not satisfac Evidence re uredin cer tain cases. Certain sec. tory evidence of such person or persons being such citizen or citi zens, until satisfactory proof shall be exhibited to him, nor shall he refund any part of full tolls received from such citizen, unless such proof be exhibited within ten days after the taking of the same.. VI. And be it further enacted, That the third section of an act tjon repealed to encrease the rates of toll for crossing the Mohawk bridge at the city of Schenectady, and for other purposes, passed the 24th of March, 1815, except the proviso therein contained, be and the same is hereby repealed. Preamble. held. CHAP. CXXXIX. AN ACT for appointing a special term of a court for the trial of impeachments and the correction of erro s. Passed April 10, 1818. WHEREAS there are so many cases of appeal and writs of error now pending before the court for the trial of impeachments and the corrections of errors, that the same cannot be argued and decided with due deliberation, during the present session of the legislature: Therefore, I. Be it enacted by the people of the state of New York, repreSpecial term of court of sented in senate and as embl, That a special term or session of the errors to be said court shall be holden at the capitol in the city of Albany, to commence on the first Tuesday of September next, for the dispatch of business in said court, subject in all other respects to the regulations and provisions of the act, entitled "an act concerning the court for the trial of impeachments and the correction of errors," passed the 20th day of February, one thousand eight hundred and one. I. And be it further enacted, That the president of the senate, Compensa. tion to mem- and the senators who shall attend the said term or session of the bers &c. said court, and the clerk and cryer of the said court, shall be entitled to, and receive for such attendance, and their travelling, the same rate of compensation as shall be allowed the members of the legislature at the present session, which compensation shall be paid in the manner dircted by the act, entitled "an act for the support of government," passed February 17, 1813. CHAP. CXL. AN ACT in addition to the act, entitled" an act to incorporate the Passed April 10, 1818. I. Be it enacted by the people of the state of New-York, represented in senate and assembly. That the president, directors and company of the Franklin fire insurance company, shall have, exercise and enjoy all the rights, privileges, powers and immunities, which are given and granted to the president, directors and company of the Union insurance company, in respect to the granting of annui ties and making insurances upon a life or lives, or insurance in any way dependant upon a life or lives, and in the establishment and management of a fund which may be set apart and appropriated by the said Franklin fire insurance company for that purpose, and shall be subject to all and the like conditions, provisions, restrictions and regulations in respect to the same, and in respect to the calling in and investment of the capital stock of the said company, as are given, granted and restrained by the said act, entitled "an act to incorporate the Union insurance company." CHAP. CXLI. AN ACT to prevent obstructions in the several branches of the Passed April 15, 1818. Be it enacted by the people of the state of New-York, repre sented in senate and assembly, That if any person shall from and after the first day of June next, cut down, or cause to be cut down, any tree or trees, or shall discharge any logs or branches of trees or other timber, in either of the branches of the Buffalo creek, leading through the town of Willink, in the county of Niagara, and shall not remove the same within two days out of said creek, such person or persons shall for each and every such offence, forfeit the sum of five dollars, to be recovered with costs, in any court having cognizance thereof, for the benefit of the poor of the town in which such offence shall be committed: Provided always, that this act, nor any thing herein contained, shall prevent any person from erecting any dam or dams across said creeks for mills or other useful machinery, or to prevent any person from floating any saw logs, boards or timber to or from any mill. CHAP. CXLII. AN ACT relative to certain roads in the county of Montgomery. ed. A certain I. Be it enacted by the People of the State of New-York, repre sented in Senate and Assembly, That all that part of a road laid out road anuullin virtue of the act, entitled" an act to appoint commissioners to lay out a road in the county of Mongomery, through the towns therein mentioned," passed April 12th, 18 6, lying west of a place called Stump city, in the town of Johnstown, be and the same is hereby declared to be annulled; and that all assessments of damages to owners of lands through which that part of the said road passes, be and the same are hereby annulled. Certain as II. And be it further enacted, That the assessments of damages to the owners or occupants of lands, made in virtue of an act, enti sessmentsan tled "an act appointing commissioners to lay out a road therein men- nulled. R Damages to be paid to owners. tioned, from the house of John Fay to the Stratford road, near Hankerson's tavern, in the county of Montgomery," passed April 17th, 1816, be and the same are bereby declared null and void. III. And be it further enacted, That when any part of the road laid out in pursuance of the act last mentioned, shall pass through any improved lands against the consent of the owner or owners, the said owner or owners thereof shall be paid such damages as such owner or owners may sustain by reason thereof; and the same shall be determined and ascertained agreeable to the directions of the laws of this state in regard to turnpike companies, any thing in the last mentioned act to the contrary notwithstanding. CHAP. CXLIII. AN ACT to divide the town of Olean, in the county of Cattaraugus. I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That from and after the first day of May next, all that part of the town of Olean, in the county of Cattaraugus, lying west of the line running between the fourth and fifth range of townhips, in the Holland company's purchase, containing the townships number one, two and three in the fifth and sixth ranges townships of said purchase, shall be, aud is hereby erected into a separate town by the name of Great Valley; and that the first town meeting shall be held on the first Monday of May next, at the house of David Gregory, in said town; and the annual town meetings thereafter, shall be held on the first Tuesday in March in each and every year; and all the remaining part of said town shall be and remain a separate town by the name of Olean. II. And be it further enacted, That as soon as may be after the first Monday in May next, the supervisors and overseers of the poor of the aforesaid towns of Great Valley and Olean shall, by notice to be given for that purpose, by the said supervisors thereof, meet together and apportion the poor and money belonging to said town of Olean previous to the division thereof, agreeable to the last tax list; and each town shall forever thereafter support and maintain their own poor. Preamble. CHAP. CXLIV. AN ACT for the relief of the towns of Johnstown, Northampton, Passed April 15, 1818. WHEREAS it appears by the petition of the supervisors of said towns, that by an act to divide the county of Montgomery into two Counties, passed the twelfth day of April, 1816, part of Johnstown was annexed to Lake Pleasant, and a part of Northampton and Mayfield was annexed to the town of Wells, and that the same was to take effect on the first day of May thereafter; and that notwithstanding those acts, the assessments and collection of taxes in that year in those towns, were made as if the act had not been passed; and in like manner in Northampton, Lake Pleasant and Wells, of the succeeding year; that in consequence thereof, some have refused to pay the taxes imposed by Northampton, and that part of Johnstown and Mayfield annexed to Lake Pleasant has not been taxed the last year; that embarrassments and litigation will probably ensue, unless the same assessments are confirmed by law, and the mistake corrected; for remedy whereof, therefore, I. Be it enacted by the people of the state of New-York, represen- Certain tax. ted in senate and assembly, That the taxes assessed and collected es confirmed. by the towns of Johnstown and Mayfield, in the year 1816, and by the town of Northampton in that and the subsequent year, be confirmed and deemed to be and remain valid and effectual. II. And be it further enacted, That the collector of the town of Northampton, chosen in the year 1817, be and is hereby authorised and required to proceed in the collection of the taxes assessed in said year, as if the said county of Montgomery had not been divided; and that on or before the first day of June next, he account with and pay to the treasurer of the county of Montgomery, all such arrears by him collected, in the same manner as he is required for the other part of the tax list. Duty of col lector et Northamp ton. III. And be it further enacted, That in case the said collector in cases Proceeding shall neglect or refuse to collect, account for, and pay over the neglect. said money, at the time hereby directed, he and his securities shall be liable for, and be proceeded against in the same manner as if he had neglected or refused to collect and pay over the other part of the taxes, as by law required and directed. CHAP. CXLV. AN ACT authorising the surveyor-general to sell certain lands Certain tand I. Be it enacted by the people of the state of New-York, repre- &c. to be sented in senate and assembly, That the surveyor general be, and sold. he is hereby authorised and directed to sell at public vendue, on such terms of payment as the other lands of this state are usually sold, so much of the public land lying in the village West Oswego as is contained in lot number twenty, and also in blocks number seventy-eight, ninety, ninety-nine, and one hundred and three, and as is contained in such parts of streets between said blocks as lie between first street and the Oswego river, together with the privi lege to the four last mentioned blocks of diverting as much of the water of the river by the erection of wing dams as may be necessary for the use of such mils as may be erected on the land aforesaid Provided, that the navigation of said river be not injured thereby, |
