VII. And be it further enacted, That it shall and may Rates of toll be lawful for the said corporation to demand, receive and take for the use of said bridge a toll not exceeding the following rates: Every four wheeled pleasure car riage drawn by two horses, twenty-five cents, if drawn by four horses, thirty-one cents; every two wheel pleasure carriage drawn by one horse, twelve and an half cents, and if drawn by two horses, fifteen cents; every waggon and two horses, nineteen cents; if drawn by four horses, twenty-five cents; each sled and horses, nineteen cents; each ox cart and two oxen, nineteen cents, each other yoke of oxen, six cents; every one horse cart, twelve and an half cents; every one horse sled, ten cents; every ox sled drawn by one yoke of oxen, nineteen cents, every other yoke of oxen, six cents; every man and horse, six cents; every foot passenger, three cents; every horse, jack or mule, four cents; every cow or other neat cattle, two cents; every sheep, hog or calf, one cent. to pay the fums fubfcrib ed when call pain of fortheir fhares. ed for under VIII. And be it further enacted, That it shall and may Stockholders be lawful for the said directors to call on and demand from the stockholders respectively all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as they shall see fit, under pain of for feiture of their shares and of all previous payments thereon to the said president, directors and company. feiture of with. IX. And be it further enacted, That if any person or Perfons wil persons shall wilfully do or cause to be done any act what- fully injuring faid bridge soever whereby the said bridge, or any thing appertain- how dealt ing 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 the damages sustained by means of such offence or injury, to be recovered by said company with costs of suit, and by action of debt in any court of record having cognizance thereof, which action shall in every instance, be considered as transitory in its nature and shall and may be triable in any county in this state. X. And be it further enacted, That said bridge shall be built at least twenty feet wide, and be well covered with plank not less than three inches thick, the sides of said bridge to be secured with good substantial railings and to be so constructed with a draw to open at least thirty. feet, so as to conveniently admit masted vessels to pass and repass said bridge, which said passage shall be a free open highway, and shall be freely used without toll or reward. XI. And be it further enacted, That the said president, directors and company, when they have completed and finished said bridge, shall at all times thereafter, as well by night as by day, provide and keep a sufficient person or persons to attend and open said draw bridge during the season of navigation, and such person or persons so attend VOL. II. PPP said bridge conftructed. how to be Prefident, di rectors and provide and keep à perfon to attend and open faid company to draw bridge. Penalty on veffel in paff ing the fame. ing, on sufficient notice being given to them by the master or owner of any vessel having necessary business or occasion to pass said bridge by the blowing a horn or otherways, such person or persons, so attending said bridge shall immediately open or cause the draw to be opened, and shall permit every such vessel to pass through the said draw unmolested and freely as aforesaid. XII. And be it further enacted, That when any vessel anneceffarily shall be unnecessarily detained from passing through the detaining any mafter or said draw for more than fifteen minutes by the refusal, owner of any neglect or delay of any person or persons so attending the said bridge, after such notice given as aforesaid, the said president, directors and company, shall on demand pay to the master or owner of such vessel so unnecessarily detained, the sum of four dollars for every half hour the said vessel shall be detained beyond the said fifteen minutes, and the master or owner of any vessel as aforesaid, at whose request the said draw shall be opened, shall use all due diligence and expedition in passing such vessel through said draw, under the like forfeiture of four dollars for every half hour of unnecessary delay after the said draw shall so have been opened fifteen minutes to admit such vessel to pass through. Penalty on mafter and owners in not pasting the Tame with due diligence. Where fuch bridge to be built and by determined. whom to be Cafe in which no draw to be made. This act declared a pub. lic act. In what cafe tion to be dif folved. XIII. And be it further enacted, That the place where the said bridge shall be built (within the limits as mentioned in this act) shall be determined by the judges of the courts of common pleas and general sessions of the peace and the supervisors of the county of Greene, or a majority of them, on or before the first Tuesday in June next, and their determination shall be final and conclusive. XIV. And be it further enacted, That provided the said judges and surpervisors shall determine that the most proper place to build said bridge is at the head of sloop navigation, then and in such case it shall not be the duty of the said president, directors and company to make or keep in repair any draw to said bridge, unless the sloop navigation shall hereafter be opened as far up said creek as the store now occupied by Samuel Haight, any thing in this act to the contrary notwithstanding. XV. And be it further enacted, That this act be and is hereby declared to be a public act, and shall be construed benignly and favourably for every beneficial purpose herein intended. XVI. And be it further enacted, That if the same bridge, faid corpora after the same shall have been completed, shall at any time be impassable for the term of thirty days, that then the said corporation shall cease, and the same is hereby declared in such case to be dissolved; Provided nevertheless, That no such dissolution of the said corporation shall take place if the said bridge shall be carried away by ice, freshets or any unavoidable accident, in case the same shall not be Provifo. rebuilt within two years after the same shall be so carried CHA P. XCVI. An ACT to authorize the building of a Toll Bridge over the I. BE Passed 31st March, 1801. Persons here in named and fhall affociate made a body fuch others as with them E it enacted by the People of the State of New-York, represented in Senate and Assembly, That Barent Roseboom, Jacob Eacker, Philip Van Alstine, John Roof, John Jacob Diefendorf, Archibald Kane, Henry Frey Yates, Lawrence Gross, and all such persons as shall as- corporate. sociate for the purpose of erecting and building a bridge over the Mohawk-river, between the towns of Canajohary and Palatine in the county of Montgomery, at or near a large round rock near and above the mouth of Canajohary or Schremling's creek, shall be and hereby are made a corporation, in fact and in deed, by the name of The directors Stile of the and company of the Canajohary and Palatine bridge com- corporation. pany, and so to remain for the term of forty years, and by that name they and their successors for and during the said term shall and may have 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, in all manner of suits, actions and causes whatsoever, and that they and their successors shall be in law ca pable of purchasing, holding and conveying any estate, real or personal, for the public use of the said corporation; Provided, That the whole of the estate of the said corpo- Provifo. ration shall not exceed in value ten thousand dollars; And Further provided further, That the said corporation shall in no wise provifo. build or commence to build the said bridge until they shall have contracted with and satisfied the owners of the land on each side of the said river for liberty, and permission so, to do. treasurer to elected. II. And be it further enacted, That the stock, property, Five direc affairs and concerns of the said corporation, and the man- tors and a ner of obtaining subscriptions thereto, shall be managed, be 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 Tuesday in June in. Vacancies of how fapplied. directors every year, at such time and at such place as the directors for the time being shall appoint, of which notice shall be given in one of the newspapers printed in the city of Albany, and in the newspaper printed in the county of Montgomery, at least thirty days before the day of meeting; that all elections for treasurer and directors shall be by ballot, and such persons who shall at any such election have the greatest number of votes given 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 directors, and shall hold their offices for one year and until others shall be chosen in their places; that if 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 other directors for the time being, or a majority of them, and that the first directors shall be Barent Roseboom, Jacob Eacker, John Frey, Conrad Gansevoort and Jonas Oothoudt, and that Adam Roof be the first treasurer, who shall hold their offices until the first Tuesday of June, in the year of our Lord one thousand eight hundred and two, and until others shall be chosen to succeed them; and that the said directors shall at their choose a pre- first meeting after such election, appoint one of their number president. Firft direc tors and trea furer named. Who fhall fident. Number of fhares and their value. III. And be it further enacted, That the number of shares or subscriptions constituting the stock or fund of the said corporation, shall not exceed four hundred shares; that each share shall be twenty-five dollars, and that 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, according to the following ratio, that is to say: Every owner of one or more shares to the numapportioned. ber of four, shall have one vote; of five shares and under 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. Votes how Said prefident and directors dispofition of to have the the funds of faid corporation. IV. And be it further enacted, That the president and directors for the time being, or a majority of them, shall have the disposition of the funds of the said corporation to and for the uses aforesaid, and shall annually on the first Tuesday in June, lay before the stockholders of the said corporation a general statement of their accounts and proceedings, which said statement of their accounts and proceedings 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 the stockholders; and the president and directors for faid corpora the time being, or the major part of them, shall have power to make and prescribe such rules and regulations as to them shall appear needful and proper, touching the Power of vion. management and disposition of the stock, property and estate 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 as they may deem necessary. V. And be it further enacted, That such inhabitants as privilege to reside within three miles of the said bridge shall not be inhabitants refiding withsubject to the payment of any toll for passing and repassing in three miles of faid bridge. the said bridge on foot for the term of six years after the passing of this act. diffolved. VI. And be it further enacted, That in case the said Corporation bridge shall not be erected, built and completed on or be- when to be fore the first day of October, in the year of our Lord one thousand eight hundred and three, then and in such case the corporation by this act created shall be adjudged and considered as dissolved. which the clared com when to be erected. VII. And be it further enacted, That as soon as the said Manner in bridge shall be completed, and the judges of the court of faid bridge common pleas in and for the said county, or a majority of thall be dethem, shall upon inspection certify under their hands pleat. that the said bridge is well and sufficiently constructed and built, and will admit of the passage of loaded teams and other carriages, it shall and may be lawful for the said president and directors to erect a gate at either end of the Toll-gate said bridge, and demand, receive and take for the use of the said corporation a toll not exceeding the following rates, to wit: Every four wheel pleasure carriage drawn by Rates of toll two horses, nineteen cents, if drawn by four horses, twenty-five cents; every two wheel pleasure carriage drawn by one horse, nine cents, and if drawn by two horses, twelve and an half cents; every waggon and two horses, twelve and an half cents, and if drawn by four horses, nineteen cents; each sled and horses, six cents; each ox waggon or cart and two oxen, twelve and one half cents, each additional yoke of oxen, six cents; every one horse cart, six cents; every one horse sled, six cents; every man and horse, six cents; every foot passenger, two cents; every horse, jack or mule, three cents; every cow or other neat cattle, half a cent; every score of sheep or hogs, ten cents, and so in proportion for a greater or less number. when to be VIII. And be it further enacted, That from and after said bridge the expiration of the said term of forty years the said bridge come the prowith its appurtenances shall become the property of, and perty of the be vested in the people of this state. ftate. faid corpora IX. And be it further enacted, That if the said bridge in what cafe after the same shall be completed, shall at any time during tion to be dif the said term of forty years, be impassable for the term of folved. thirty days, that the said corporation shall be and the |