CHAP. 56. AN ACT to extend the act entitled "An act authorizing the commandant of the thirteenth regiment of artillery to constitute and appoint a regimental court-martial for certain purposes," passed April 18, 1829, to the Jefferson Guards. Passed March 8, 1837. The People of the State of New-York, represented in So nate and Assembly, do enact as follows: relative to Guards. § 1. The provisions of the law authorizing the command- Provision ant of the thirteenth regiment of artillery to constitute and the Jefferson appoint a regimental court-martial for certain purposes, shall apply to the Jefferson Guards, recently organized and attached to the sixth brigade of New-York state artillery; and the same authority conferred on the commandant of the said thirteenth regiment, under the said act, is hereby conferred on the commandant of the said Jefferson Guards. CHAP. 57. AN ACT to amend the act entitled "An act for the relief of Warren W. Case", passed May 3, 1836. Passed March 9, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Damages to tained. § 1. The above entitled act for the relief of Warren W. Case, is hereby so amended as to authorize and require the be ascer canal board to ascertain and determine the amount of damages done to the boat of the said Case, and the cargo and furniture thereof, in the year eighteen hundred and thirty-one, instead of the year eighteen hundred and thirty-three; and the amount when so ascertained, shall be paid according to the provisions of the act hereby amended. CHAP. 58. AN ACT to incorporate the St. Johnsville bridge company. The People of the State of New-York, represented in Se nate and Assembly, do enact as follows: § 1. All persons who shall become stockholders, pursuant Corporatio a to this act, shall be and they are hereby constituted a body created. corporate, by the name of the "St. Johnsville bridge company," for the term of twenty years. Stock. Subscrip tions to stock. Election of directors. Calls on stockholders Bridge. used. § 2. The capital stock of the said corporation shall be divided into three hundred and forty shares of twenty-five dollars each. § 3. John W. Riggs, Barney Becker, Christain Klock, Jonas Snell, Jacob Timerman, Henry Adams and George Spraker, shall be commissioners to locate said bridge, and to open books for subscriptions to the capital stock of said corporation, and to distribute the stock. The said books shall be opened on or before the first day of August next, and each of the said commissioners may receive subscriptions. § 4. Whenever the stock of the said corporation shall be subscribed, the commissioners shall cause an advertisement to be inserted in a newspaper printed in the county of Montgomery, giving at least fifteen days' notice of the time and place of the meeting of the subscribers to choose directors. At the time and place appointed, the stockholders shall choose by ballot seven directors, being stockholders of the said corporation. A new election of directors shall be made annually, at such time and place as the stockholders at their first meeting shall appoint. The directors chosen at any election shall, as soon thereafter as may be, choose one of their number president; and may appoint a secretary and treasurer, and such other officers and agents as shall be deemed expedient. § 5. The directors may from time to time, order the pay'ment of such instalment or instalments, by such stockholders in said corporation, as shall be necessary to finish the bridge hereinafter mentioned, and the toll-house and other works connected there with and in case of default of payment of any such instalment by any stockholder, within twenty days after notice thereof given, he shall forfeit to the said company his stock, and all previous payments thereon, or the said company may sue such delinquent, and recover from him the amount due on such instalment or assessments, in an action of assumpsit, in any court having cognizance thereof, with costs. § 6. The said corporation may erect a bridge across the Mohawk river, between the towns of Minden and Oppenheim, in the county of Montgomery, at such place as shall be designated by the commissioners aforesaid, with suitable toll-house and works. The said bridge shall be not less than twenty-eight feet wide, and secured by a railing on the sides of the height of four feet. Lands to be § 7. The corporation hereby created may, if necessary, apply to the commissioners of the town or towns in which any lands may be necessary to be used and occupied by them for the said bridge, to lay out a public highway over the same: and in case of the neglect or refusal of such commissioners, shall be entitled to the same relief by ap peal, as is provided in such case by article four, chapter sixteen, title first of the first part of the Revised Statutes. be paid. § 8. Whenever such highway shall have been laid out, the Damages to said corporation may enter upon and use so much land thereof as may be necessary for the site of said bridge; and the said corporation shall pay to the owner or owners of such land so by them to be occupied, all damages sustained by such owner by the erection of such bridge and use of such land; said damages to be ascertained in the manner prescribed in article four, chapter sixteen, title first of the first part of the Revised Statutes, § 9. As soon as the said bridge shall be certified by any Rates of tolljudge of the court of common pleas of the county of Montgomery, to be substantially completed, and safe for the passage of horses and carriages, the said corporation may erect a toll-gate at either end of said bridge, and demand and receive a toll not exceeding the following rates, viz: For every four wheeled pleasure carriage drawn by four horses, twenty-five cents; for every curricle, chaise, chair, sulky, wagon or cart, drawn by one horse, six cents, it drawn by two horses, twelve and a half cents; every sled or sleigh drawn by one horse, four cents, and for every additional horse, two cents; every wagon or cart drawn by two oxen, twelve and a half cents; every additional yoke of oxen, six cents; every sleigh or sled drawn by two oxen, six cents, and for every additional yoke of oxen, three cents, every man and horse, six cents; every foot passenger, two cents; every score of cattle, horses or mules, thirty cents; every score of hogs or sheep, ten cents; and so in proportion for a greater or less number. as to ferries. § 10. It shall not be lawful to keep any ferry, or erect Restriction any other bridge, across the said Mohawk river, within one mile of the said bridge so to be erected under this act, after the same shall be so completed as to render the passage thereof safe, and during the time that said bridge shall continue safe, except the owners of land within one mile may erect and keep a ferry to transport their own teams, goods, wares and merchandize. §11. If any person shall wilfully impair or injure said Penalty. bridge, he shall forfeit and pay to the said corporation the sum of five dollars, to be recovered with costs of suit; and shall also be liable to pay to said corporation treble the amount of damages sustained, with costs of suit, to be recovered in an action of trespass. $12. If any person shall pass the gate without having 1. paid the legal toll, he shall forfeit and pay to the said corporation eight times the amount of the legal toll, to be recovered in an action of debt with costs of suit. §13. If any toll-gatherer shall unreasonable delay or Ib. hinder any passenger at the gate, or shall demand or re Transfers. put up. ceive more than the legal toll, he shall for every such of fence forfeit the sum of five dollars, to be recovered with costs, to the use of the person so delayed, hindered or defrauded. 14. The shares of the stockholders of the said corporation shall be considered to be personal estate, and shall and may be transferred as such any such transfer, to be valid, must be entered in the books of the corporation. Notice to be § 15. The directors may put up and maintain, in conspicuous places at each end of said bridge, a notice in large characters, in the following words: "One dollar fine for riding or driving on this bridge faster than a walk, or for driving more than twenty head of cattle over it in one drove;" and whoever shall, during the continuance of such notice, ride or drive on said bridge faster than a walk, or drive more than twenty head of cattle over it in one drove, shall forfeit and pay to the said corporation, for every such offence, the sum of one dollar, to be sued for in the name of the treasurer. Time limited General powers. Right to repeal. § 16. If the said bridge shall not be constructed within two years after the passing of this act, or if the same shall be carried away or destroyed, and not rebuilt within eighteen months thereafter, then the said corporation shall from thenceforth cease, and this act shall be null and void. § 17. This incorporation shall be entitled to all the privileges, and subject to the restrictions, of so many of the provisions of the eighteenth chapter of the first part of the Revised Statutes as are applicable to such corporations, and subject to the inspection and decision of turnpike inspectors, in like manner as turnpike companies. § 18. The legislature may at any time alter, modify and repeal this act. Acts confirmed. CHAP. 59. AN ACT to confirm the official acts of Charles A. Floyd, a master in chancery. Passed March 11, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The official acts of Charles A. Floyd, a master in chancery for the county of Suffolk, and all proceedings which have been had by and before him as such master, shall be held and adjudged to be of the same force, effect and validity, as if the said Charles A. Floyd had executed and filed a bond with sureties, pursuant to the requirements of the act entitled "An act requiring masters in chancery to give sureties," passed March 23, 1833. clause. 2. This act shall not affect any suit or legal proceed- Saving ings which may have been had or commenced in consequence of the illegality of any proceedings had by or before the said Charles A. Floyd, as such master in chancery, previous to its passage. § 3. This act shall take effect on its passage. CHAP. 60. AN ACT to change the name of the village of Sawpit. Passed March 11, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Act to take effect. § 1. The village of Sawpit, in the town of Rye, and Port Chester county of Westchester, shall, from and after the passage of village. this act, be known and called by the name of the " Village of Port-Chester." CHAP. 61. AN ACT to divide the city of Schenectady into four wards, and for other purposes. Passed March 13, 1837. 1. Of the division of the city into wards. 2. Of the election of officers in the several wards. 3. Of the public charges in the respective wards. 4. Duties of assessors. 5. Of granting licenses to tavern-keepers and grocers. 6. Repealing certain parts of the acts of April 29, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The city of Schenectady shall be divided into four wards the first ward to be composed of all that portion of First ward. the city lying west of a line to be drawn from a point in the south boundary line of said city, opposite to the centre of Mill-lane, and running from thence northerly to the centre of said Mill-lane at its intersection by State-street; from thence northerly in a direct line across State-street, to the centre of Ferry-street; from thence through the centre of Ferry-street to the south bank of the Mohawk river; and from thence in a straight line, to the north bounds of the said city. The second to be composed of that portion of cond the said city lying east of the said line hereinbefore de ward. |