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warrant to be issued by the said two justices of the peace for that purpose, on the application of any person sustaining damages as aforesaid ; the whole of the said damages. together with the charges of the said justices and jury, and of the whole proceedings thereon had, if any damages shall be found, shall be paid by the said John B. Coles, his heirs or assigns, within thirty days after notice to him or them given of the inquisition so taken as aforesaid.
IV. And be it further enacted, That in case the said John Penalty on B. Coles, his heirs or assigns, shall neglect to keep the neglecting to said lock in sufficient repair, or to furnish such attendance in repair. thereat as to prevent the free passage of boats, he or they shall for every such neglect forfeit the sum of two pounds, to be recovered with costs of suit, before any justice of the peace, by any person who will prosecute for the same.
V. And be it further enacted, That the width of the said Width of said bridge shall not be less than twenty-four feet, any thing bridge. in the act above recited to the contrary notwithstanding.
VI. And be it further enacted, That the said John B. Security to be Coles, his heirs and assigns, shall give security to the trea- given for the surer of this state, in the penal sum of four thousand thereof with
in 4 years,&c pounds, conditioned that be or they shall erect and complete the said bridge within four years after the passing of this act ; and that he or they will preserve the same in good and sufficient repair during the term of sixty years after the building and completing of said bridge ; and at the expiration of which term of sixty years the said bridge shall vest in and become the property of the people of this state.
VII. And be it further enacted, That from and after the Privileges to . expiration of the said sixty years, the said John B. Coles, lohn B. Coles
after 60 his heirs and assigns for ever, shall have, hold and enjoy the use of the waters so ponded up for any mill or mills, which he or they, or any of them may have erected, or shall erect, and also the use of the said dam ; Provided, Provifo. That he or they shall keep in repair the said dam and lock, at his and their proper expense, and keep a person to attend the said lock in manner herein before mentioned.
TWENTIETH SESSION. CHAP. I.XIII.
the laying out of new Roads.
Passed the 30th of March, 1797. HEREAS John B. Coles hath erected a bridge Preambie
across Haerlem-river in pursuance of an act, enti. tled An act for building a bridge across Haerlem-river, and another act, entitled An act to enable John B. Coles 10 raise e dam across. Haerlem-river, and to amend an act, entitled
An act for building a bridge across Haerlem-river ; And whereas, It is represented to the legislature, that although the commissioners named for that purpose in the first above mentioned act have laid out a road from the said - bridge to Eastchester, yet the damages to the persons through whose land it is laid are not paid, and some part of the said road is not opened, and that the said John B. Coles has already expended a considerable sum of money in making, clearing and amending the said road, and that it will require further large sums for that purpose, besides what can be done in the ordinary mode of making and repairing highways in this state ; And whereas, The said John B. Coles hath prayed relief in the premises ; There
fore, Rond made a I. Be it enacted by the People of the State of New York, publie bigha represented in Senate and Assembly, That the said road so
laid out shall be and hereby is established as a public high-
[SECOND SECTION REPEALED.]
Former act extended, &c.
TWENTY-FIRST SESSION. CHAP. LXXVI.
Passed April 3d, 1798.
represented in Senate and Assembly, That the term of thirty years, allowed in and by the act, entitled An act for the relief of John B. Coles, and to provide for laying out new roads, shall be and hereby is extended to the term of sixty years from the thirty-first day of March last; and that so much of the said act as declares that the said John
B. Coles shall at his own expense, keep the road from the bridge across Haerlem-river to Eastchester in repair during the time he shall exact any additional toll for passing the said bridge, shall be and the same is hereby repealed.
II. Provided nevertheless, and be it further enacted, That John B. Coles the said John B. Coles shall lay out and expend, in repair- repairing the ing the said road, one hundred dollars, by the first day road one hun. of July in each year, during the term he shall exact or yearly. take an additional toll of more than twenty-five per cent for passing over his bridge, in such manner that each of the towns of Westchester and Eastchester, shall be benefited thereby, in proportion to the work necessary to be done on the said road in each of the said towns; and shall render an account of the expenditure of the said one hundied dollars to the commissioners of highways of the towns of Westchester and Eastchester, on or before the first day of September in every year.
TWENTIETH SESSION. CHAP. LIX.
Passed the 28th March, 1797.
Annin, are desirous of being incorporated, together with *such persons as may hereafter become their associates, for the purpose of building a bridge across the Cayuga-lake in this state : Therefore,
I. BE it enacted by the People of the State of New York, Cayuga represented in Senate and Assembly, That there shall be es. bridge comme
pany incorpotablished a company of stockholders for the purpose of rated. building a bridge over the Cayuga-lake, or the outlet - thereof, within this state, and to be called and known by the name of “ The Cayuga bridge company," and so to remain for the term of twenty-five years ; and by that their corponame they and their successors for and during the said rate sigbes. term of twenty-five years, shall and may have succession, and shall be persons in law capable of suing and being sued, pleading and of 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 of “ The Cayuga bridge company," shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said corporation ; Provided, That Provišta - the whole of the stock and real estate of the said corpora.
tors and a
tion shall never exceed in value twenty-five thousand dol. lars ; And provided further, That such real estate sball never exceed two hundred and fifty acres of land on
each side of the said lake adjoining the said bridge. Five direc- II. And be it further enacted, That the stock, property, treasurer to
affairs and concerns of the said corporation, and the manbe chosen
ner of obtaining subscriptions thereto, shall be managed, annually.
directed and conducted by five directors, who shall be stockholders, and shall together with a treasurer be annually chosen and elected on the first Wednesday in May in every year, at such time of the day, and at such place as the directors for the time being shall, forty days at least prior to the day of election, appoint by notice thereof in two of the public newspapers of this state ; that all elections for the treasurer and directors shall be by ballot, and such person who at any such election shall have the greatest number of votes given at such election as treasurer, shall be the treasurer, and in like manner such five persons who shall have the greatest number of votes at such election
shall be the directors, and shall hold their offices for one Vacancies year, and until others shall be chosen in their place ; that if how to be filled. any vacancies shall happen among the directors by death,
resignation or otherwise, such vacancies shall be filled for the remainder of the year in which they may happen by
the appointment of the remainder of the directors for the Firft direc time being, or a majority of them ; that the first directors named
tors shall be Thomas Morris, John Harris, Charles Williamson, Wilhelmus Mynderse and Joseph Annin, and the first treasurer Jacob Hallet, who shall hold their offices until the first Wednesday in May next, and until others.
shall be chosen in their place. Shares not to III. And be it further enacted, That the number of exceed 500, and amount
shares or subscriptions constituting the stock or funds of of each. the said corporation, shall not exceed five hundred shares,
and that the amount to be paid for each share or subscripVotes how tion shall be fifty dollars, and that each stockholder be enapportioned. titled to a number of votes proportioned to the number of
shares which he or she shall have or hold in his or her name, according to the following ratio, that is to say : Every owner of one or more shares to the number of four, shall have one vote ; of five shares and less than ten, three votes ; of ten shares and less than twenty, five votes ; of twenty shares, eight votes, and one vote for every five
shares above twenty. Duty of the IV. And be it further enacted, That the directors for directors. the time being, or a major part of them, shall have the
disposition of the funds of the said corporation to and for the uses and purposes aforesaid, and shall annually on the first Wednesday in May, lay before the stockholders of the said corporation a general statement of their accounts and proceedings, which same statement of accounts and proceedings it shall be the duty of the directors to lodge with the treasurer, at least ten days previous to such annual meetings, for the inspection and examination of the stockholders ; and the directors for the time being, or a major part of them, shall have power to make and prescribe such bye-laws, rules and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, and touching the duties and conduct of their secretary, clerks, agents and servants employed therein, and touching all such matters as appertain to the said corporation, with power to appoint such and so many workmen, clerks and servants, for the erecting and building of the said bridge, and relating to the same, and with such allowances and salaries as to them shall seem meet ; Provided, That such bye-laws, rules and regulations be not repugnant to the constitution and laws of the United States and of this state. VIII. And be it further enacted, That this act be and is This act de.
clared a pubhereby declared to be a public act, and shall be construed licacit, benignly and favourably for every beneficial purpose herein intended.
(Refidue of this act repealed, see next act. E.]
TWENTY-SECOND SESSION. CAAP. XXI. An ACT to amend the Act, entitled “ An Act to incorporate the Cayuga Bridge Company.
Passed Ist March, 1799. 1. E it enacted by the People of the State of New York,
Time for building
limited in and by the act hereby amended, for completing the bridge across the Cayuga-lake, shall be and hereby is extended to the first day of May, in the year one thousand eight hundred and one ; and if the said bridge shall be completed within that time, then the said Cayuga bridge company shall be continued for the period of seventy-five years from and after the passing of this act.
II. And be it further enacted, That it shall not be law. No person to ful for any person or persons to erect any bridge or estab- bridge, &c. lish any ferry or ferries within three miles of the place miles of the where the bridge aforesaid shall be erected and built by
by the Cayo the said company ; neither shall it be lawful for any per- ga bridge son or persons to cross the said lake, after the aforesaid company. bridge is completed within three miles thereof, without paying to the corporation for their use the toll established' by law ; but it shall and may be lawful for any person or persons to pass and repass with his or their own boat without being subject to such toll.