sees and heirs at law of the said Alexander Ellice, shall be by them paid over and applied to and for the benefit of the heirs at law of the said Henry Cronkhite, Junior, in such manner and upon such security as the chancellor of the state shall think proper and direct: Provided nevertheless, that no sale to be made as aforesaid, by the said William Green and Josiah Crane, shall be valid and good in law, unless the chancellor shall approve of the same.

Provise

Trustees

II. And be it further enacted, That the said trustees, before they enter on the execution of said trust, shall execute a bond to the said shall give heirs, with two sureties to be approved of by the chancellor, in such a bond, &c.~ sum or sums as he shall direct, conditioned for the faithful performance of said trust, which bond shall be filed in the office of the clerk of the county of Montgomery, for the use of said heirs of the said Henry Cronkhite, Junior.

CHAP. CCXLVIII.

AN ACT relative to the lot of land appropriated for the use of the missionary to the Oneida tribe of Indians.

Passed April 15, 1817.

WHEREAS it doth appear by "an act for the speedy sale of unappropriated lands within this state, and for other purposes therein mentioned," passed 5th May, 1786, that there was appropriated in trust to the use of Samuel Kirkland, missionary to the Oneida tribe of Indians, a lot of land containing three hundred and twenty acres, in the former Oneida reservation, now town of Westmoreland, in the county of Oneida, and that by virtue of the two several acts passed the 11th April, 1808, and the 10th April, 1813, the northern missionary society were authorised to lease the same for a term not exceeding ten years, and to apply the rent to the promotion of morality and religion among the said Indians: And it also appears by the petition of the said Indians, that the northern missionary society have no person at present preaching among said Indians, nor are the said society doing any thing to promote their knowledge in the principles of religion and morality: Therefore,

BE it enacted by the people of the state of New-York, represent ed in senate and assembly, That it shall and may be lawful for Nathan Williams, Morris S. Miller and Samuel Royce, of the county of Oneida, to take in charge the said lot of land, and they or any two of them, are hereby authorised, from and after the expiration of any lease or leases which may have been given by the northern missionary society by virtue of the said acts, passed the 11th April, 1808, and 10th April, 1813, to lease the said land to such person or persons, and in such parts or parcels, as shall appear to them to be the most productive, for a term not exceeding five years from the passing of this act, and the rent shall be paid by the person or persons so leasing the same to the said Nathan Williams, Morris S. Miller and Samuel Royce, or to their agent, agreeable to the conditions of such lease or leases, and when so received, be appropriated to the promotion of morality and religion amongst the said Oneida tribe of Inds

ans, in such manner as in their discretion they shall deem best calculated to carry into effect the object of said grant.

CHAP. CCXLIX.

AN ACT to amend an act, entitled "an act to reduce several laws relating particularly to the city of New-York, into one act."

Passed April 15, 1817.

BE it enacted by the people of the state of New York, represented in secate and assembly, That the justices court of the city of New York, shall have jurisdiction to hear, try and determine all actions of debt, detinue, account, covenant, trespass on the case, and trespass, including trespass on any land or other real estate, wherein the sum or balance due or thing demanded, shall exceed twenty-five dollars, and not exceed one hundred dollars: And also, all actions and informations upon any statute of this state, and upon the charter or auy by-law of the corporation of the said city, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed one hundred dollars; any thing in the one hundredth and sixth section of the act hereby amended to the contrary notwithstanding: Provided nevertheless, that nothing herein contained shall be construed to repeal or abolish any of the restrictions or limitations of the jurisdiction of the said justices court prescribed by the proviso of the said one hundredth and sixth section of the act hereby amended.

Corporate style.

rivilege.

CHAP. CCL.

AN ACT to incorporate the Hannibal and Volney bridge company, and for other purposes.

Passed April 15, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That Ichabod Brackett, James Lyon and Reuben Bristol, and their present and future associates, their successors and assigns, be and they are hereby created a body corporate and politic, by the name of " the president and directors of the Hannibal and Volney bridge company," to build a bridge above the Oswego Falls, in the county of Oswego, or receive toll for passing the bridge by them already built; and they are hereby ordained, constituted and declared to be a body politic and corporate, in fact and in name, and by that name they and their successors shall and may have continual 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, and so to remain for the term of thirty years; and that they and their successors may have a common seal, and may change and alter the same at plessure; and also that they and their successors, by the same name and style,

shall be, in law, capable of purchasing, holding and conveying any estate, real and personal, for the use of the said incorporation: Provided, That the real and personal estaté so to be holden, shall be such only as shall be necessary to promote or attain the objects of this corporation.

Day for

rectors

II. And be it further enacted, That the stock, property, affairs and concerns of this corporation shall be managed, directed and con- choosing di ducted by five directors, who shall be stockholders, and shall be annually chosen and elected on the first Monday in June, in every year, at such place in the town of Hannibal, as the directors for the time being, or any three of them, shall appoint, of which notice shall be given in a newspaper printed in the said county, at least ten days before the day of meeting; that all elections for directors shall be by ballot; and the person who shall, at such election, have the greatest number of votes, shall be the directors, and shall hold their offices for one year, and untill others be chosen in their places: and 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..

ers.

III. And be it further enacted, That Ichabod Bracket, James CommissionLyon and Reuben Bristol, be and are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned, that is to say: they shall, on or before the first Tuesday of June Their duty. next, procure three books, and in each of them enter as follows: "We, whose names are hereunto subscribed, do for ourselves and our legal representatives, promise to pay to the president, directors and company of the Hannibal and Volney bridge company, fifty dollars for every share of stock set opposite to our names respectively, in such manner and proportion, and at such time and place, as shall be determined by said president, directors and company, on pain of forfeiting our shares, and all payments previously thereon made:" and that every subscriber shall, at the time of subscribing, pay the said commissioners, or one of them, five dollars for each share so subscribed; and the said commissioners, or some one of them, shall, as soon as twenty shares are subscribed. cause notice to be published in a newspaper printed in said county, or the next adjoining county, giving at least ten days notice of the time and place when and where the said subscribers shall meet to choose directors; and that the said directors shall immediately after their election, as aforesaid, meet at the upper landing, above the Oswego falls, in the town of Volney, and choose one of their number to be their president; and when the said directors shall have chosen their president as aforesaid, the said commissioners shall forthwith deliver him the books of subscription, and the monies received thereon.

IV. And be it further enacted, That a share in the stock of the said company shall be fifty dollars, and the number of shares shall not exceed sixty; and that the said shares shall be taken, deemed and considered to be personal estate, and shall and may be transferable.

Stock.

Elections for

V. And be it further enacted, That at at all elections for directors, each stockholder shall be entitled to a number of votes propor- directors. tioned to the number of shares he or she shall hold in his or her name;

No

Judges inpect bridge.

Provise.

By-laws

and that in case an election for directors shall not be made on any day when, pursuant to this act it ought to have been done, it shall be lawful for any one of the stockholders to give ten days notice of an election on any other day; and the stockolders may on any other such day, meet at the place aforesaid, and elect five directors, who shall hold their offices, and have like powers as though such election had taken place on the day for the annual election.

VI. And be it further enacted, That when the said bridge has been completed, and the judges of the court of common pleas in the county of Oswego or Onondaga, or any two of them, not being stockholders in said company, shall, upon inspection, certify under their hands, that the said bridge is well and sufficiently constructed and built, and will admit of the passage of teams and loaded carriages, it shall and may be lawful for the said president and directors to erect a gate at either end of said bridge, and demand, receive and take, for the use of said corporation, a toll not exceeding the following rates, to wit: For every four wheel pleasure carri age, drawn by four horses, fifty cents, if drawn by two horses, thirty-one cents; every curricle, chaise, chair or sulkey, drawn by one horse, twenty-five cents, if drawn by two horses, thirty-one cents; every waggon and two horses, eighten cents, and six and a quarter cents for every additional horse; every sled or sleigh, drawn by two horses, eighteen cents, and six and a quarter cents for every additional horse; each ox waggon, cart, sleigh or sled, drawn by two oxen, eighteen cents, and each additional yoke of oxen, six and three quarter cents; every one horse cart, twelve and an half cents; every one horse waggon, sleigh or sled, twelve and an half cents; every man and horse, twelve and an half cents; every foot passenger, six cents; every horse, jack or mule, four cents; every cow or other neat cattle, two cents; every score of sheep or hogs, twenty cents; and so in proportion for a greater or less number: and it shall be lawful for the toll gatherer to stop at said gate, every foot passenger, and any person driving, riding or leading any beast or carriage, from going through such gate, until they have respectively paid the toll therein allowed to be collected: Provided nevertheless, that any troops in the service of this state, or any of the United States, and all artillery, all waggons or other carriages, and stores of every kind, belonging to this state or to the United States, shall pass said bridge withont paying toll.

VII. And be it further enacted, That from and after the expiration of said term of thirty years, the said bridge, with its appurte nances, shall become the property of, and be vested in the people of

this state.

VIII. And be it further enacted, That the said president and directors, for the time being, or a major part of them, shall have power to appoint a treasurer and clerk, and one or more toll-gatherers, and to make and prescribe such by-laws, rules and regulations, as to them shall appear needful and proper, touching the management and disposition of the stock. property and estate of the said corporation, the duties of their treasurer, clerks, agents and servants employed therein, and all such matters as appertain to the said corporation: Provided, that such by-laws, rules and regulations be

mot inconsistent with the constitution and laws of the United States,

or of this state.

IX. And be it further enacted, That if any person or persons Damages for shall wilfully do, or cause to be done, any act whatsoever, whereby injuring bridge, &e. the said bridge, or any thing appertaining 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 oftence or injury, to be recovered by the said company, with costs of suit, in au action of trespass, in the name of the treasurer of said company, to their use, in any court of record, having cognizance thereof; which action shall, in every instance, be considered as transitory in its nature.

cibly passing

X. And be it further enacted, That if any person or persons shall Fine for for forcibly pass the gate to be erected over said bridge, in pursuance gate. of this act, or shall cause his or their horse, carriage, waggon, sled, cattle or other thing or things, to pass the same, without having paid the legal toll for passing said bridge, such person or persons shall forfeit and pay a fine not exceeding ten dollars, nor less than one dollar, to be recovered by the treasurer of said company, to their use, in an action of trespass; which action shall in every instance be considered as transitory in its nature.

toll-gatherer,

XI. And be it further enacted, That if any toll gatherer shall Penalty on unreasonably detain or hinder any traveller or passenger at the said &c. gate, or shall demand and receive more toll than is by this act established, he shall, for every such offence, forfeit and pay the sum of ten dollars, to be sued for and recovered before any justice of the peace in the county where such offence shall be committed, for the sole use of the person so unreasonably delayed, hindered or defrauded.

XII. And be it further enacted, That this act be and is hereby declared to be a public act, and shall be construed benignly and favorably for every beneficial purpose herein intended.

list shall be

XIII. And be it further enacted, That it shall be the duty of the Printed toll said corporation, to cause to be affixed in a conspicuous place over fixed. the gate, a printed list of the rates of toll; and in default thereof, to. be subject to the penalty of five dollars for every forty-eight hours, to be sued for and recovered by any person who shall prosecute for the same in his own name.

toll.

XIV. And be it further enacted, That the judges and assistant When judges judges of the court of common pleas, of the county of Oswego, may reduce from and after the expiration of six years, shall have power to reduce the rates of toll herein prescribed, if in their opinion the same shall be too high.

may extend

XV. And be it further enacted, That it shall be lawful for the Comptroller comptroller te extend the time for the payment of the principal of the time of any loan heretofore made on personal security, for any term he may payment, &n. think proper, not exceeding five years; Provided, the same be secured by a mortgage on unincumbered real estate, within this state, which shall, exclusive of any buildings thereon, be ascertained to his satisfaction, to be worth double the amount of such loan, or the sum due thereon.

XVI. And be it further enacted, That the monies received or to Lewistown be received into the treasury for the support of a common school, in money how

com. school

leaned.