Assessment on lands. Assessment &c. Morse, Jarvis Mudge, Abner Hollister and Gavin L. Nicholas, be and they are hereby appointed commissioners to lay out and improve a road from the termination of the Westmoreland and Sodus Bay turnpike, in the town of Cato, in the county of Cayuga, by the most direct and practicable route to some point on Great Sodus Bay, where vessels usually navigating lake Ontario can conveniently come, and thence to the house of Enoch Turner, in the town of Sodus, and county of Ontario. II. And be it further enacted, That there shall be assessed, paid and collected, for the purpose of opening and making said road, viz: on every acre of land lying within one mile of said road a sum not exceeding twenty cents, nor less than twelve cents; and on every acre of land lying within two miles of said road and more than one mile, a sum not exceeding twelve cents, or less thau eight cents; except the lands belonging to the people of this state, and also all lands within two miles of said road which are interected by a parallel road heretofore laid out and improved. III. And be it further enacted, That when the said commissionhow made, ers, or a majority of them, shall have laid out said road, they shall cause a description of the route of the same to be filed in the offices of the clerks of the several towns through which the said road shall pass, and then proceed to examine and make a fair assessment on the lands berein made subject to the tax aforesaid; which said assessment shall be made in proportion to the value of the land. and to the advantages resulting to the owners thereof, by the establishment of said road: Provided, that if the owner of any land which by this act is liable to the tax aforesaid, has heretofore, or shall thereafter, at his own proper cost and expense, make a good and substantial road through his said land, the said commissioners shall examine the same; and if in their opinion the said road, so made as aforesaid, is equally good and durable with the remainder of said road, theu and in such case the said commissioners shall exempt the said land from payment of the tax assessed thereon Proviso. Assessments ed... IV. And be it further enacted, That when the said assessment how collect shall be completed, the said commissioners shall cause a copy of the same, duly authenticated, to be filed in the comptrollers office; and after three months notice to be given of the time when the said tax shall be collected, direct the collectors of the different towns through which the said road shall pass to proceed in the collection of the same, and to pay over the sums so collected upon the order of the comptroller to such person as the said commissioners shall designate for that purpose, after deducting the expense of collecting the same; and in defau't of the payment of the said tax, the same proceedings shall be had thereon as is required in and by the act for the assessment and collection of other taxes. Commissioners to give hands. V. And be it further enacted, That before the said commissioners, or either of them, shall enter on the duties of their office, they shall severally execute a bond to the people of this state, in the sum of two thousand five hundred dollars, conditioned for the faithful performance of the duties enjoined by this act, and the faithful expen diture of all monies that shall come to their hands by virtue of the same. of the state VI. And be it further enacted, That where the said road shall Assessment run through any lands belonging to the people of this state, the said through lands commissioners shall keep an accurate account of the money expend- how paid for. ded in making that road through said land; and upon proper returu thereof to the comptroller of this state the same shall be paid out of the treasury. ers. VII. Ad be it further enacted, That the said commissioners shall Allowance to be allowed out of the monies so assessed and collected, two dollars commissionfor each day they shall be necessarily employed in the service required herein, together with the expenses for assistants. CHAP. CCXLII. AN ACT to incorporate the Stamford and Middletown turnpike road company. Passed April 21, 1818. I. Be it enacted by the people of the state of New-York, repre- Corporation sented in senate and assembly, That Elisha B. Maynard, Har- created. man I. Quackenbush, John Hastings, David Balleutine, John Montgomery, Jonas Moore, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin on the east side of the Delaware river near the house of Samuel Sherwood, in the town of Delhi; from thence easterly up the Little Delaware on the most practicable route to the dwelling house of Elisha B. Maynard, in the town of Stamford; and from thence on the most practicable route to the Windham turnpike road, at or near the dwelling house of John T. Moore, in the town of Roxbury, and their successors, shall 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 Stamford and Middletowo turnpike company, 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, defeuding and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaiuts, matters and causes, and by the same name and style shall be capable of purchasing, holding and conveying any estate, real and personal, for the use of said corporation: Provided, that such Proviso. estate, as well real as personal, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatsoever. Style. II. And be it further enacted, That the stock of the said com- Stock. pany hereby incorporated, shall consist of eight hundred shares of twenty-five dollars each; and that Elisha B. Maynard, John Hastings, David Ballentine, John Montgomery, and Jonas Moore, be and they are hereby appointed commissioners, to receive subscriptions for the said stock, in the manner directed in and by the act, enti Gater. Toll, General powers. titled "an act relative to turnpike compapies," passed March 13th, 1807. III. And be it further enacted, That the said company hereby incorporated, shall be entitled to erect three gates or turnpikes on the said road, which shall not be less than eight miles apart; and that the chord of the arch of said road shall not be less than twenty feet. IV. And be it further enacted, That the company hereby incorporated, shall be entitled to exact and receive at each of the said gates or turnpikes, so to be erected on the said road, the following rates of toll, from all persons travelling and using the same, that is to say for every score of hogs or sheep, six cents; for every score of horses, cattle or mules, twenty cents; for every chair, sulkey or chaise, drawn by one horse, twelve and an half cents; for every horse and rider, four cents; for every horse led or driven, three cents; for every cart or waggon drawn by one horse, six cents; for every coach coachee, phaeton or chariot, twenty-five cents; for every stage waggon or other four wheeled carriage, drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox; for every cart drawn by two oxen, eight cents, and three cer's for every additional horse, mule or ox; for every sleigh or sled, six cents, if drawo by two horses, mules or oxen, and in like proportion if drawn by a greater or less Dumber of horses, mules or oxen. V. And he it further enacted, That the said company hereby incorporated, shall have and enjoy all the rights, privileges, powers 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 said act, excepting as is herein otherwise enacted. 5,000 dollars CHAP. CCXLIII. AN ACT authorising a loan to the president and directors of the Passed April 21, 1818. I. Be it enacted by the people of the stat of New-York, repre to be loaned. sented in senate and assembly, That the treasurer of this state pay, on the warant of the comptroller, to the president and directors of the Mohawk turnpike company, the sum of five thousand dollars, out of any monics in the treasury belonging to the common school fund, and if there should not be sufficient money in the treasury belonging to the common school fund, then out of any monies in the treasury not otherwise appropriated: Provided, that a majority of Security for said directors shall, in their individual capacity, previous to receiving the money directed to be paid by virtue of this act, enter into a bond jointly and severally, to the people of the state of NewYork, conditioned for the faithful payment of five thousand dollars, in three years from the date of said bond, together with interest an nually for the same, at the rate of seven per cent. per annum: And re-payment. further, that the said directors shall furnish to the said people, good and sufficent mortgage security upon such unincumbered real estate as the comptroller shall deem sufficient, exclusive of any buildings erected on the same, for securing double the amount of money to be loaned by virtue of this act, with the interest on the same as aforesaid. 255 loaned, and II. And be it further enacted, That if any part of the said money Out of what shall be loaned as aforesaid, out of any monies in the treasury not fund to be belonging to the common school fund, that then the whole of the sum to whose creso loaned shall be passed to the credit of the common school fund, dit to be pas and so much thereof as shall be so loaned, which shall not belong to the common school fund, shall be passed to the credit of the people of this state, out of the first monies which shall thereafter come into the treasury, belonging to the said common school fund. sed. CHAP. CCXLIV. AN ACT authorising the Mayor, Aldermen and commonalty of the city of New-York to take possession of certain lands. Passed April 21, 1818. WHEREAS the mayor, aldermen and commonalty of the city of New York, are desirous of taking possession of certain lands, tenements and hereditaments, situate, lying and being in the ninth ward of the city of New-York, and bounded as follows, to wit: northwesterly by the second avenue, southwesterly by twenty-fourth street, northeasterly by twenty-eighth street, and southeasterly by the lands of the said mayor, aldermen and commonalty, and by the east river, for the purpose of extending the alms house establishment of the said city, Therefore, 1. Be it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be lawful for the mayor, aldermen and commonalty of the city of New York, whenever they shall judge proper, to take possession of all or any part of the above mentioned and described lands, tenements and premises, in the manner prescribed in and by the act, entitled" an act, to vest certain lands in the mayor, aldermen and commonalty of the city of New-York," passed March the twenty-ninth, in the year of our Lord one thousand eight hundred and sixteen: And further, that all the provisions of the said act shall have the like force and effect, relative to the above mentioned and described premises, and all persons interested thereis, and also upon the said mayor, aldermen and commonalty, which they would have had relative to them, provided the above, mentioned and described premises had been particularly mentioned and described in the preamble of the said act; and that on the final confirmation of the report of the commiɛsioners, who may be appointed by the supreme court, in pursuance of the provisions of the said act, and the payment of the sums which may be awarded by them, the said mayor, aldermen and commonalty of the city of New-York shall become, and be seised in fee sim ple absolute of the said lands, tenements and premises, or of so much thereof as may be mentioned and described in the said report. 10000 dollars CHAP. CCXLV. AN ACT to authorise a loan to the supervisors of the county of Passed April 21, 1818. I. Be it enacted by the people of the state of New-York, repreto be paid to scnted in senate and assembly, That in shall be the duty of the the treasurer treasurer of the state, ou the warrant of the comptroller, to pay to of Washing. tun. the county treasurer of the county of Washington, the sum of ten thousand dollars, in such proportions as the same shall be demanded from time to time, out of any unappropriated monies in the treas Supervisors to meet and determine how monies shall be dis tributed for repairing bridges, &c. The 10,000 dollars to be the county, ury. II. And be it further enacted, That it shall be the duty of the supervisors of the several towns of the county of Washington, to assemble on the second Tuesday of May next, at the court house in the town of Salem, in the said county, and then and there to determine and specify what bridges in the county of Washington, carried off by the flood or freshet, which happened in the late month of March, shall be repaired or rebuilt at the public expence, to specify the amount which shall be appropriated to each particular bridge, and to determine which of the said bridges shall be considered as rebuilt at the county expence, and which at the expence of a particu lar town or towns; that if in their opinion, or in the opinion of a majority of them, a sum equal to the sum of ten thousand dollars is necessary to be expended, in the rebuilding or repairing of bridges carried off or destroyed as aforesaid, it shall be their duty to direct the treasurer of the county, to call on the treasurer of the state for the said sum of ten thousand dollars, or if in their opinion a lesser sum will meet the exigency, it shall be their duty to specify such sum; that it shall be the further duty of the said supervisors, when so assembled, to appoint as many commissioners as they shall think proper, for the purpose of rebuilding or repairing the said bridges, and to direct the treasurer of the county to pay to the said commissioners, such proportions of the said sum of ten thousand dollars or lesser sum, as they the said supervisors shall direct by the appropriation by them to be made, to be expended on the said bridges, that is to say, to such commissioners as shall be appointed for the rebuilding or repairing of a certain bridge or bridges, such sum as shall be appropriated for the repair or rebuilding of the same, and to specify the allowance per diem to each commissiouer, who shall be employed in the said business. III. And be it further enacted, That the said sum of ten thousand a debt against dollars, or such lesser sum as the said supervisors shall determine to apply for, shall from the time of the receiving of the same by the treasurer of the county, be considered as a debt charged upon the county of Washington, drawing an interest of seven per cent. per and when to be repaid. |