the Cohoes

fails,

ceive the toll

Bridge near be and hereby are appointed commissioners, with full powers to demise and lease the bridge over the Mohawk: river below the Cohoes-falls, to such person or persons as shall agree for the same, upon such conditions and for such a term of time, not exceeding twenty-five years, as the said commissioners, or any two of them, shall deem | Leffees to re- proper; and that it shall be lawful for the said lessee or established by lessees to demand and receive, to his or their own use, from all manner of persons passing over the said bridge, the same rates of toll which have been heretofore established by law; Provided always, That the said lessee or lessees, his or their heirs, executors, administrators or assigns, shall with all convenient speed, well and sufficiently repair the said bridge, and shall keep the same in good and sufficient repair during the said term.

law.

Provifo.

Duty of the commiffion.

II. And be it further enacted, That it shall be lawful for the said commissioners, or any two of them, to execute such lease as aforesaid, and to exact from the lessee or lessees such security as the said commissioners, or any two of them, shall deem necessary for the due performance of his or their covenants and agreements to be inserted in the said lease; And further, That it shall be the duty of the said commissioners, or any two of them, from time to time to inspect and determine upon the sufficiency of the repairs that shall or may be made to the said bridge, by the said lessee or lessees, their executors, administrators or assigns.

III. And be it further enacted, That the act, entitled An act to amend the act, entitled An act making provision to keep in repair the bridge over the Mohawk-river, below the Cohoes-falls, and the several clauses thereby repealed, be and the same are hereby repealed; and in case the said commissioners, or a majority of them, shall at any time find the said bridge insufficient and out of repair, and so continued for thirty days after due notice, the lease hereby to be given shall be deemed forfeited, and the said commissioners, or a majority of them, shall take possession of the said bridge and the tolls thereof, as though the said lease had never been made.

Preamble.

TWENTY-FOURTH SESSION. CHAP. CXLII. An ACT to amend the Act, entitled "An Act concerning the Bridge over the Mohawk-River, below the CohoesFalls."

Passed 4th April, 1801. HEREAS Matthew Gregory and Gradus Van Schoonhoven, the present lessees of the said bridge, have by their petition to the legislature set forth, that a part of the said bridge hath lately been destroyed and

other parts much injured by the ice and water, and that the toll now allowed by law will be insufficient to compensate them for the necessary repairs of the said bridge : Therefore,

ers authorized to give to leffees liberty to tional toll.

demand addi

Be it enacted by the People of the State of New-York, re- Commiffionpresented in Senate and Assembly, That it shall and may be lawful for the commissioners in the said act mentioned, by writing under their hands and seals, to give to the said lessees and their heirs and assigns, full liberty to demand and receive from all passengers, with horses, carriages and cattle, or other articles passing over the said bridge, such further and additional rates of toll, over and above what is now allowed by law, as to the said commissioners, or a majority of them, shall be thought necessary to enable the said lessees to make such repairs in the said bridge as to render the same safe for the passage of carriages; Pro- Provifo. vided, That such additional allowance of toll so taken, shall not exceed thirty-three and one-third per cent, nor shall such additional allowance be continued for more than four years.

TWENTY-SECOND SESSION. CHAP. XLV... An ACT authorizing John Knickerbacker junior, and others,to build a Toll Bridge at Schagtikoke-Point in the County of Rensselaer.

WE

Passed 23d March, 1799.

HEREAS John Knickerbacker junior, Silas Weeks, Preamble. John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, by their petition presented to the legis lature, have prayed leave to build a toll bridge over Hosack-river at Schagtikoke-point in the county of Rensselaer, and it appearing that such bridge when erected will be of great public utility: Therefore,

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, to build a bridge over the said Hosack-river, at the same place where William Chace formerly built a bridge, which said bridge shall be not less than sixteen feet wide, built in a substantial and workmanlike manner, and shall before the end of this present year be so far completed as with safety to admit the passage of carriages of every kind.

II. And be it further enacted, That as soon as said bridge shall be so far completed as safely to admit passing as aforesaid, it shall and may be lawful for the said John Knickerbacker junior, Silas Weeks, John Travis, Zephapiah Russell, Bethel Mather and Charles Joy, to erect a

Perfons here. had tau build a bridge koke point.

in named au

at Schagti

when com

pleted gates to be erected.

gate at one or both ends of said bridge, to effect the col Rates of toll. lection of tolls, at the following rates, to wit: For a per

Part of the highway to be fenced up.

Other bridges prohibited.

Certain priv.

ftrictions of

tioned perfons in the premises.

son and horse, three cents; for every head of neat cattle, one cent; for every horse, mare or colt, two cents; for sheep and hogs, at and after the rate of six cents per score; for every carriage drawn by two horses or cattle, six cents; for every carriage drawn by more than two horses or cattle, for each additional horse or working creature, two cents; which said rates of toll it shall be lawful for the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, their executors, administrators and assigns, to demand and receive for the term of twenty-five years, to be computed from the first day of January next ensuing.

III. And be it further enacted, That it shall and may be lawful for the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, to fence up or otherwise stop up so much of the highway leading from the northward to Hart's point as runs through the land belonging to one of the said proprietors, and lies between the said bridge and the places where the said Hosack-river was crossed by the ford and ferry before the erecting a bridge by William Chace.

IV. And be it further enacted, That it shall not be lawful for any person or persons whatever to erect or cause to be erected any bridge over or across the said Hosackriver, at any place nearer than one mile from said bridge, unless for the private use of the proprietor or proprietors of the soil where such bridge shall be erected; and if any such private bridge shall be erected and the proprietor or pro, prietors thereof shall permit any carriages or cattle, other than those actually belonging to himself or themselves to cross such bridge, such proprietor or proprietors shall pay unto the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, their heirs, administrators and assigns, treble the toll herein before specified, to be recovered in any suit or action of debt, before any justice of the peace having cognizance thereof.

V. And be it further enacted, That in case the said bridge ileges and re- shall not in the course of the present year be so far comthe aforemen- pleted as to admit with safety the passage of all such teams and carriages as have usually passed on the roads leading thereto, they the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, shall not by tolls or any other way be entitled to any reimbursement of the expense they may have been at in the building of said bridge, unless it shall appear that in the progress of said work and before it is completed, such accidents shall have happened by

floods or otherwise, as to render a further time necessary for completing the same; And further, If at any time during the term aforesaid, said bridge shall become so far decayed as to render the passing thereof unsafe, of which fact any three justices of the peace in the county of Rensselaer shall be the judges, or if said bridge shall be carried away by floods, ice or any other accident, then and in such case they the said John Knickerbacker junior, Silas Weeks, John Travis, Zephaniah Russell, Bethel Mather and Charles Joy, their executors, administrators or assigns, shall, as the case may be, repair or rebuild the said bridge within eighteen months next after the day when the same shall be adjudged unsafe or destroyed by any accident as aforesaid; and in case the said bridge shall not within the said number of months be repaired or rebuilt, as the case may require, then such part or parts of said bridge as shall be remaining shall be considered as the property of the people of this state, and after such default of repairing or rebuilding said bridge, neither the said proprietors of said bridge, nor any person or persons claim, ing under them, shall have any demand or claim for the remaining part or parts of said bridge, nor shall they ever afterwards be permitted to obstruct with gates or in any other way the passing over such bridge as may be there built, or to attempt directly or indirectly the collection of any toll for passing such bridge.

VI. And be it further enacted, That if at any time during the term aforesaid, said bridge should be in such con dition as to render the passing over the same unsafe, and complaint thereof shall be made to the commissioners of highways for the town of Schagtikoke, and if the said commissioners or a majority of them shall judge the passing over the same to be dangerous, they shall immediately spike up the toll-gates and keep the same spiked up until the said bridge shall be so repaired as to render passing over it safe when said commissioners shall again open said gates to be kept as usual.

when to be.

VII. And be it further enacted, That at the expiration Said bridge of the term aforesaid, the bridge which shall be remaining come the proat the place aforesaid, with all things thereunto appertain-perty of the ing, shall be to all intents and purposes the property of the people of this state.

CHAP. LXXVII.

An ACT making Provision to keep in Repair the Bridge over Schoharie-Creek, at Fort-Hunter, in the County of Montgomery,

WE

Passed 1st April, 1799.

HEREAS it is requisite that adequate provision Preamble. should be made for keeping the bridge over the

Toll to be collected.

Schoharie-creek at Fort-Hunter in good repair, and for the payment of six hundred and fifty dollars, being a balance due the trustees appointed for the erecting said bridge Therefore,

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 June next, the following toll shall be collected from every person crossing said bridge, in the months of March, April, May, June, July, August, September, October and November in every year, during the term of seven years from the said first day of June next, Rates thereof viz. For every carriage crossing said bridge and drawn by one horse, four cents; for every carriage drawn by two horses, mules or other working cattle, the sum of six cents; for every carriage drawn by more than two horses, mules or other working cattle, at and after the rate of two cents for each additional creature; for each man and horse or mule, the sum of three cents; for every single horse, colt, mule, ox or cow, the sum of one cent, and for sheep, calves and hogs, at the rate of seven cents per score.

Duty of the fuperinten

ways of the county of Montgomery.

II. And be it further enacted, That it shall and may be lawful for the superintendents of highways* in and for the dents of high- county of Montgomery for the time being, or their successors in office, or a majority of them, to cause the said toll to be collected, and the neat proceeds thereof, after deducting the necessary charges of collecting and of erecting a toll-house and gates for the purpose, to be applied as follows, that is to say: To the making such repairs to the said bridge from time to time as they in their discretion shall think necessary; and such surplus of the proceeds of the said toll, after deducting the expense and charges of collecting the same and repairing the said bridge, erecting the said toll-house and gates, shall from time to time be applied by said superintendents, to the discharging and paying of the balance of six hundred and fifty dollars due to the trustees of said bridge, as mentioned in the preamble of this act; and after the payment of the said sum of six hundred and fifty dollars to the said trustees as aforesaid, if any surplusage arising from said toll after deducting and paying as aforesaid should remain, it shall and may be lawful for the said superintendents to apply the same to the repairing of any roads in the said county of Montgomery leading to or from the said bridge.

Who fhall

lector of toll.

III. And be it further enacted, That it shall and may be appoint a col- lawful for the said superintendents, or a majority of them, from time to time, to appoint a collector of the said toll, upon such terms and conditions as they may think proper, and to demand and take from such collector such security *The office of fuperintendents of highways was abolished by an act of 24th feff• See vol. 1, p. 588. E.