CHAP. XXII. AN ACT for the relief of George Throop, Dean Edson and Delevan Delance. Passed February 27, 1818. WHEREAS the act, entitled " an act to alter and improve the road in the towns of Willsborough and Chesterfield, in the county of Essex," passed June 18, 1812, appointing George Throop, Dean Edson and Delevan Delance, commissioners for improving said road, makes no provision for compensation for their services: Therefore, Be it enacted by the people of the state of New-York, represented in senate and assembly, That on a final settlement of the accounts of said commissioners, the comptroller is authorised and required to make such allowance to said commissioners, for their services and expenses, as he shall deem just and reasonable; which allowance shall be deducted from the monies in the hands of said commissioners, not appropriated for the improvement of said road. CHAP. XXIII. AN ACT for incorporating the Chillenengo Canal Company. WHEREAS John B. Yates, William K. Fuller, Elisha Carey, John Knowles and Peter Smith, have formed an association for Preamble making a Canal from the Chittenengo Village to the Great Western Canal, and have prayed to be incorporated for the purpose: Therefore, ers. 1. Be it enacted by the people of the state of New-York, represented in senate and assembly, That the said John B. Yates, William K. Fuller, Elisha Carey, John Knowles, Peter Smith and their present and future associates, be and they are hereby constituted a body corporate and politic, by the name of "the president and directors of the Chittenengo canal company," and by that name shall have perpetual succession, sue and be sued, defend and be de- Style & pow fended in all actions and matters whatsoever; shall have a common seal, and may alter the same at pleasure, and may take, hold and convey any real or personal estate, provided such real estate shall not at the time of acquiring the same, exceed six thousand dollars in value over and above the real estate necessary to effect the objects of this incorporation: And further, the said president and directors shall and may from time to time make and pass such by-laws, ordinances and resolutions, for regulating the concerns of the said corporation, the conduct and duty of their members, officers, agents and servants, the compensation to be granted to them respectively, the manner of making transfers of stock, the time and place of convening and holding the meetings of said president and directors, and all other matters relating to the said corporation, as to them shall seem expedient, with power to alter or repeal the same at pleasure: C Proviso. Stock: Directors. Provided, the same shall not be repugnant to the constitution or laws of this state. II. And be it further enacted, That the stock of the said corporation shall not exceed thirty thousand dollars, to be divided into shares of thirty dollars each, and which shares shall be deemed personal property that the said president and directors shall form and issue the necessary scrip or certificate of such shares to the stockholders who shall subscribe to the said corporation, and shall have power to prescribe the manner, time and proportions in which such stock shall be paid, allowing at least thirty days between each instalment so to be paid; and shall also have the power to declare the stock of such persons as shall neglect to pay for the same, and all previous payments thereon, to be forfeited to the use of the said corporation, according to the requisitions of the said president and directors; or the said president and directors, in their election, may sue for and recover from such delinquent subscribers or stockholders the amount of such shares or instalments due, in an action of assumpsit, in any court having cognizance thereof, whether any monies shall have been paid or deposited by such delinquent subscriber on such stock or not. III. And be it further enacted, That the management of the concerus of the said corporation shall be entrusted to five directors, who shall be stockholders, and three of whom shall reside in the town in which the said canal hereby authorised to be made is situate and the said directors shall continue in office one year from the first Tuesday of June next, and there shall be an election for How chosen. five directors on the last Tuesday in May one thousand eight hundred and nineteen, and on the last Tuesday in May in each and ev. ery year thereafter. at such place in the village of Chittenengo, and at such hour, as the said president and directors may by any bylaw for the purpose prescribe and direct, public notice thereof being given in the manner to be directed by the said president and directors, for at least one week before any such election; and such clection shall be by ballot by the stockholders present, either in person or by proxy, cach share being entitled to one vote, but no transfer of stock shall be valid unless previously entered on the books of the said corporation: and the said president and directors shall, by their by-laws, regulate the manner of conducting the said elections, and in case of a vacancy in the office of director, before an annual election, the remaining directors shall fill such vacancy until such next annual election; but the corporation hereby created shall not cease by reason of not holding the said annual election on the day directed by this act, but it shall be lawful for the president and directors by their by-laws to provide for an election at any other day in case the stockholders shall neglect to make an election on the day appointed by this act: And further, the said directors shall at their first meeting after their election, appoint one of their body to be president, to hold his office during the pleasure of the said directors, and they shall also choose a secretary and treasurer, to hold their office in like manner, and three directors shall be a quorum to transact business, and dividends shall be declared by the said board of directors at least once in every year, and notice thereof shall be given as the said board shall direct: and the first president of the said corporation shall be Peter Smith, and the first directors shall be John B. Yates, William K. Fuller, John Knowles and Elisha Carey, and they shall continue in office until the first Tuesday in June, which will be in the year one thousand eighthundred and nineteen. To take pos lauds. IV. And be it further enacted, That it shall be lawful for the said president and directors, after causing the track of the said canal session to be designated, to enter upon and take possession of such quantity of improved or unimproved land, not exceeding six rods in breadth, as shall be necessary for the said canal and works thereunto appertaining, and for the convenient operation of the said canal, and for the navigation thereof, the said president and directors paying to the owners for the lands aforesaid such value and damages as shall be agreed upon, or in case of disagreement, as shall be assessed by two justices of the peace and by the oaths of six reputable and disinterested freeholders, who shall be summoned by the sheriff of the county of Madison, by virtue of a warrant to be issued by the said jus tices for that purpose; and in case of the infancy, coverture, insanity or absence from this state of any such owners, it shall be lawful for the said president and directors to exercise the rights and powers hereby granted to them with regard to the lands as aforesaid, without first paying for the same: but such value or damages shall be assessed in manner aforesaid, and the said president and directors shall pay the same whenever the same shall thereafter be law ully demanded: Provided always, that the powers and privileges hereby granted to the said corporation, shall not be so construed as to impair or prejudice any vested rights without liability, on the part of Proving. the said corporatiou, to compensate the possessors of such rights for any damages which they may sustain by means of the operations of the said corporation. of V. And be it further enacted, That as soon as the said canal shall be completed, and the requisite locks constructed, it shall and Rates of to 1. may be lawful for the said president and directors to demand and receive from every person using the same, or any part thereof, for every boat twenty-five cents, and for every ton of articles, loading or cargo in such boat, ten cents; and it shall be lawful for them to appojut such and so many toll gatherers as they think proper; and if any person shall use the said canal or any part thereof without paying toll therefor as aforesaid, such person shall forfeit and pay a penalty of five dollars, besides costs, to be recovered in any court having cognizance thereof, in an action of debt, by and in the name of the said president and directors; besides such person shall be liable in an action of assumpsit for such toll to the said president and directors. VI. And be it further enacted, That it shall not be lawful for the president and directors, or for any person or persons, to use or water not to appropriate the water of the said canal for mills or any other hy. be used for draulic works. mills, &e. VII. And be it further enacted, That it shall be lawful for the Roads may said president and directors of the corporation hereby created to ap- bersedi in Penalties for works. propriate any public highway or road to the use of the said corporation upon the line of the said canal. V'II. And be it further enacted, That if any person shall wilinjuring the fully break, throw down, deface, mutilate or otherwise injure or destroy any part of the said canal, locks or works, or buildings thereto appertaining, such person shall be liable to pay treble damages to the said president and directors, with treble costs; and if such treble damages shall not exceed in amount the sum of ten dollars, then the sum of ten dollars with single costs to be recovered in an action of trespass, by the said president and directors, in any court having cognizance thereof. For detaining boats. IX. And be it further enacted, That if any toll gatherer shall unreasonably delay or hinder any boat in passing on or using the said canal, when the same canal shall be in order, or shall demand and receive more toll than is by this act established, he shall for every such offence forfeit to the party aggrieved, ten dollars, to be recovered by action of debt, with costs, before any court having cognizance thereof;, but it shall be lawful for any of the toll gatherers to stop or detain any boat or boats on the said canal, until the tol shall be paid. X. And be it further enacted, That the said president and direcReturn to be tors shall, within six months after the said canal shall have been made to the completed. lodge in the comptroller's office of this state an account of the expense thereof, and the corporation shall annually exhibit to the comptroller a true account of the income or dividend arising from the said toll, with the annual disbursements on the said canal. comptroller. Company solved. XI. And be it further enacted, That the legislature may dissolve may be dis- the said corporation when the income arising from the said toll shall have fully compensated the said corporation for all monies they may have expended in making, repairing and taking care of the said canal, together with an interest of fourteen per cent. per annum, and thereupon the right, interest and property of the said canal shall be vested in the people of this state. Canal to be made in 5 years. great canal. XII. And be it further enacted, That unless the said president and directors shall complete the said canal within five years after the middle section of the great western canal is finished, the powers, rights and privileges hereby granted shall cease, and the said corporation shall be dissolved. XIII. And be it further enacted, That the said canal shall not Not to inter- be so constructed as to prevent the commissioners of the great westfere with the eru canal from taking and using the waters of the Chittenengo creek aforesaid, or any part thereof, to supply the said great canal: And further, that the said commissioners of the great canal shall have liberty at any time, when they may deem it necessary for the use of said great canal, to conduct the waters of said creek in, along and through the canal and locks to be erected by virtue of this act into the said great canal. A bridge to where it XIV And be it further en cted, That the president and direcbe built tors shall construct a good and sufficient bridge, of the width of twenthe ty-two feet, with a substantial railing, upon each side of the heighth Seneca turn of four feet, across the said canal at the place where the same shall crosses pike. intersect the Seneca turnpike road, and shall at all times keep the -bridge and railing in good repair. the creek to repair. XV. And be it further enact.d, That the said president and di- Outlet from rectors shall, at their own expense, construct and at all times keep be kept in in repair, at the place where they first take the waters of said creek for the use of their canal, good and sufficient means of preventing any such quantity of water from entering the same as might in any way prove injurious to the great western canal, and they shall excavate and constantly keep in repair at the place where their canal connects with the great western canal, a basin of such dimensions as to admit any boats used in either of the said canals to turn round conveniently without encroaching at all on the great western caual. XVI Aul be it further enacted, That before it shall be lawful for the said president and directors to demand and receive any toll as aforesaid, they shall obtain a certificate from the canal commissioners that all be requisitions. except those relating to repairs of the next preceding section of this act, are complied with. Certificate. This is a pub. XVII And be it further enacted. That this act shall be deemed lie act. a public act, and shall be favorably and benigoly construed for all the purposes thereby intended. CHAP. XXIV. AN ACT to divide the town of Nunda, in the county of Allegany. I. Be it enacted by the people of the state of New-York, represented in senate and asse mbly, That from and after the first Monday in April next, all that part of the town of Nunda, lying west of the transit line, and containing townships number six and seven in the first and second rages of the Holland purchase, be and the same is hereby erected into a separate town by the name of Pike, and the first town meeting shall be held at the house of Benjamin Chamberlain, in said towo, and all the remaining part of said town shall be and remain a separate town, by the name of Nunda, and the first town meeting shall be held at the house of John Potter. II. And b it further enacted, That as soon as may be after the first towo meeting, the supervisors and overseers for said towns of Nunda and Pike, shall meet together, due notice being first given by the said supervisors for that purpose, and divide the money aud poor belonging to the said town of Nunda, previous to its division, in a just and equitable manner, and forever after each town shall respectively maintain and support their own poor. CHAP. XXV. AN ACT to amend an act, entitled “an act to divide the town of Passed March 6, 1818. I. Be it enacted by the people of the state of New-York, represented in senate and assembly, That from and after the passing of |