ther inhabitants of the said city or not, who shall cut any timber or wood on the common lands of said city, or shall transport or carry away the same, or carry away any timber or wood cut by any other person or persons, on said common lands, or shall aid or assist, or cause or procure any timber or wood to be cut on the said common lands, or transported or carried away, off, or from, the said common lands, contrary to the bye-laws and ordinances of the mayor, aldermen and commonalty of said city, passed or to be passed, for the preservation of the timber or wood on the said common lands, pursuant to the laws of this state, shall be liable to be indicted and punished as for wilful and malicious trespass committed on private property. &c. of com mon lands unless, etc. II. And be it further enacted, That from and after the first day Sales, leases, of May next, no order shall be taken by the said corporation, to apply for any amendment or alteration in the act hereby amended restricted, to authorise the mayor, aldermen and commonalty of the said city, to sell, lease, demise, or in any way dispose of any of the common lands of the said city, other than those authorised to be sold or disposed of by the original act of incorporation of the said city, unless notice of an application to the Legislature for that purpose shall be given by the mayor of said city, for the time being, six weeks successively, and immediately before such order shall be taken, by advertisement to be inserted in one of the newspapers printed in said city, and if no newspaper be printed in said city, then in the newspaper printed by the printer of this state, and that due proof shall be made of such notices having been so published previous to leave being given to bring in any bill to comply with such application. III. And be it further enacted, That the proviso contained in A certain the thirty-third section of the above recited and amended act, be, previso re.. pealed. and the same is hereby repealed, except as to lands heretofore sold and conveyed. [Note. By the 33d section of the act "relating to the city of Schenectady," V. N. and W. v. 2. 489-the corporation of that city was authorised to convey "such of "the common lands on which there shall be no timber."-The 2d section of this. act restrains the exercise of this authority unless in the manner therein mentioned.--The first section had in view two objects-First, to restrain the inhabitants who by the charter had a right of common in cutting wood, &c. from doing so, without permission from the corporation; and, secondly, to apply the 28th section of the act of April 5, 1813, V. N. & W. v. 1. 525, to trespasses on the corporate lands of Schenectady.] CHAP. CXLVI. An ACT for the preservation of fish in certain waters in the towns, of Madison and Eaton, in the county of Madison. Passed April 15, 1814.. BE it enacted by the people of the state of New-York, represent- Certain fish. ed in Senate and Assembly, That it shall not be lawful for any ex erv regula. person or persons to fish with nets or seins in the lake or pond lying in the town of Madison, near the Indian opening so called; or in the lakes or ponds lying in the town of Eaton, commonly Penalty. known by the name of Leland's ponds, in the county of Madison; and every person who shall offend therein, shall forfeit and pay twenty dollars for every such offence, to be recovered before any justice of the peace, in an action of debt, together with the costs of suit, the one half of which forfeiture, when recovered, shall be for the use of the poor of the town where such offence shall be committed, and the other half for the use of the person who shall prosecute for the same. [Note.-The Legislature have heretofore regulated the fishery in certain waters, vide V. N. & W. vol. 2. p. 135, 235, 285, 544.-This subject, so interesting to a great portion of the community, receives the attention it so well deserves.] created and ers. Style. CHAP. CXLVII. An ACT to incorporate the Homer and Cayuga Turnpike Road Company. Passed April 15, 1814. I. BE it enacted by the People of the state of New-York, repreCorporation sented in Senate and Assembly, That Moses Hopkins, Eleazer general pow. May, Luther Rice, Benjamin S. Campbell, William S. Clark, David Merrick, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at Daniel Miller's, in the town of Homer, on the fourth great western turnpike road, from thence proceeding to Cortland village, near the court-house; from thence on the most eligible ground to intersect the fifth great western turnpike road, be, and they are hereby created a body corporate and politic, in fact and in name, by the name of the president, directors and company of the Homer and Cayuga turnpike road company, and by that name they shall and may have continual succession, and 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 actions and complaints, matters and causes, and by the same name and stile, shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of the said corporation: Provided, That such estate, as well real as personal, so to be purchased or held, shall be necessary to fulfil the end and intent of said corporation, and for no other purpose whatsoever. Proviso. Capital stock A certain section of another act to II. And be it further enacted, That the stock of the said company hereby incorporated, shall consist of one thousand shares of twenty dollars each, and that Moses Hopkins, Daniel Bradley, and David Morton, be, and they are hereby appointed commissioners to receive subscriptions for the said stock in the manner directed, in and by an act, entitled " an act relative to turnpike companies," passed March 13th, 1807. III. And be it further enacted, That the tenth section of the act, entitled" an act to establish a turnpike corporation for improving apply to this and making a road from that point on the eastern branch of the Chenango river, where the great Western turnpike road abutts the same, to, or near the house of Benjamin James, in the town of Fabius, in the county of Onondaga," passed March 28th, 1805, corporation. shall apply and be in force with regard to the corporation hereby created, in like manner, and to every intent and purpose, as if the said tenth section had been here inserted: And further, The eighth section of the act herein referred to, shall in like manner and with like effect apply to the corporation hereby created, as if the said section had likewise been herein inserted. IV. And be it further enacted, That Henry Bloom, Wait Ball, A committee and John Kingman, or any two of them, be a committee to sur- to survey and lay out road vey and lay out the road authorised by this act, according to their best judgment and understanding, for the benefit of the public, without favor or partiality. &c. of corpo V. And be it further enacted, That the corporation hereby Immunities, created, shall have and enjoy all the rights and privileges, pow- ration. ers and immunities which are given and granted in and by the aforesaid act, entitled "an act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations contained in the said act, except so far as is otherwise herein provided and enacted. [Note.-Add this to the table of turnpikes.-V. N. & W. vol. 2.] CHAP. CXLVIII. An ACT altering the time of holding the annual meeting of the supervisors of Madison county. Passed April 15, 1814. BE it enacted by the People of the state of New-York, repre- Supervisors sented in Senate and Assembly, That the annual meeting of the to meet anboard of supervisors of the county of Madison, shall hereafter be ally on 2 held on the second Monday in October, in every year, any law October. heretofore made in this behalf to the contrary notwithstanding. Monday of [Note.-By the act of April 2, 1813. V. N. & W vol. 2. 137, the annual meetings of the supervisors are required to be held on the first Tuesday of October.-This proving inconvenient, the Legislature by the present act altered the time as to Madison county.] CHAP. CXLIX. An ACT for the relief of John Jacob Mang. Passed April 15, 1814. springs to J. Mang. BE it enacted by the People of the state of New-York, repre- Superinten sented in Senate and Assembly, That it shall be lawful for the su- dent of salt perintendent of the Onondaga salt-works, and he is hereby re- least certain quired to lease for such term of time as he may deem proper, not estate to J. exceeding the term of fourteen years, nor less than six, such portion of the public lot in the village of Salina, together with the public store-house standing on said lot, and block-house in said village, with the common portion of the out lands, as in the opi 1 nion of said superintendent will conduce to the good of the state, to John Jacob Mang, for such annual rent as in the opinion of said superintendent will be just and reasonable, and the said superintendent shall account therefor, as for other monies coming into his hands as superintendent of the Onondaga salt springs. [Note.-See Appendix.] Recital. Capital enlarged to not exceeding 1,000,000 dollars. CHAP. CL. An ACT to amend the act, entitled "an act to incorporate the Passed April 15, 1814. WHEREAS the said company have by petition under their seal, set forth, that an increase of their capital stock will increase the confidence and security of all persons who may become insured therein, and will in their opinion likewise promote the interest of the company, and pray, that they may be authorised to enlarge the same to an amount not exeeeding one million of dotlars Therefore, I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said insurance company, to enlarge their present capital stock of two hundred and fifty thousand dollars in five thousand shares of fifty dollars each, to an amount not exceeding in the whole, one million of dollars, and to a number of shares not exceeding twenty thousand, of fifty dollars each, and that the increased number of shares, or any part thereof, may be subscribed for in such manner and at such times, as the board of directors may direct and appoint, by a bye-law or bye-laws for that purpose: Provided, That the said capital stock shall in manner as aforesaid, be increased without delay to an amount not less than half a million of dollars: Further pro- And provided further, That after such increase of the said capital stock, as last aforesaid, no further increase of such stock shall be made under any bye-law to be passed for that purpose, until such bye-law shall have been submitted to and approved by a majority in the interest of the stockholders of the said company. How to be filled, Proviso. viso. [Note. This company was incorporated, June 18, 1812—W. v. 6, 544. sess. 35. ch. 192, and the 6th section which appointed this company trustees to close and settle the concerns of the Marine Insurance Company of New-York, on its dissolution, was repealed by the act of March 12, 1813, sess. 36, ch. 56.-By the act of incorporation the stock was limited to 5000 shares at 50 dollars each.] CHAP. CLI. An ACT to incorporate the Monticello Turnpike Company. created and I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Johnston Ver Plank, Samuel Corporation F. Jones, Richard R. Vooris, David Hammond, John P. Jones, general pow Joseph Coit, Livingston Billings, Luther Bulkley, Josiah Sand- ers. ford, and such other persons as shall associate for the purpose of making a good and sufficient turnpike road in the county of Sullivan, described as follows: To commence on the Newburgh and Cochecton turnpike road, at some convenient point between the court-house in said county, and the forty-one mile-stone; from thence northerly, on the most convenient ground, so as to intersect the Orange and Ulster branch turnpike road, at some point within one mile of the west line of the town of Thompson, on either side of said line, be, and hereby are created, ordained and constituted a body corporate and politic, by the name of " the president and directors of the Monticello turnpike road company," Style. and by that name, they shall and may have perpetual succession, and shall be, and hereby are made, capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places whatsoever, and shall make and use a common seal, and may alter the same at pleasure; and they are hereby made capable in law of purchasing, holding, and conveying any estate, real or personal, for the benefit of said company: Provided, such real estate shall not exceed four thou Proviso. sand dollars. II. And be it further enacted, That the said road shall be made Road how in every respect agreeably to the directions of the act, entitled to be made. an act relative to turnpike roads," passed 13th day of March, 1807, excepting that sleigh ditches may be omitted, and the width Exception. of the road reduced to eighteen feet. Commission. III. And be it further enacted, That the stock of the said com- Capital stock pany shall consist of six hundred shares, of twenty-five dollars for each share, and that Richard R. Vooris, John P. Jones, Luther Bulkley, and Samuel F. Jones, be, and they are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the said act: And further, That every ers to receive person subscribing for stock in said company, his, her, or their and subscrib heirs or assigns, shall be in law bound to pay the amount of such ers bound to subscriptions, when thereunto required by the directors of said company, any law, usage, or custom to the contrary notwithstanding. subscriptions pay amount. to be receiv III. And be it further enacted, That the said company hereby Toll allowed incorporated, shall be entitled to exact, demand, and receive of ed. and from every person travelling on or using said road, at the gate or turnpike to be erected thereon, for any number of miles, not less than ten, the following sums of money, and so in proportion for a greater or less distance: For every cart, waggon, or other wheeled carriage drawn by two horses, mules, or oxen, twelve and an half cents, except as hereafter mentioned, and six LAWS-S. 37. 23 |