II. And be it further enacted, That when the refidue of faid 7 road to the weiterly bank of faid Sufquehannah river, fhall be completed and infpected in manner aforefaid, the perfon adminiftering the government of this ftate may, in like manner, permit the faid prefident, directors and company to erect another gate and turnpike, on or near the bridge to be built across the Unadilla river, and to demand and receive the fame rates of toll be- 9 fore mentioned. 8 III. And be it further enacted, That the faid prefident, direc- 10 tors and company fhall have the like powers and privileges and be fubject to the fame duties, regulations and restrictions relative to faid road, gates and turnpikes, as are granted, directed and prefcribed in and by faid act to which this act is a fupple ment. IV. And be it further enacted, That three difinterested perfons 11 fhall be appointed by the perfon adminiftering the government of this ftate, by and with the advice and confent of the council of appointment, whofe duty it thall be from time to time to examine faid road by this act directed to be laid out, opened and improved; and whenever they or a majority of them thall find the 12 fame or any part thereof out of repair, to order the toll-gate on fuch part of faid road to be kept open until it fhall in their opinion be well and fufficiently amended and repaired. V. And be it further enacted, That the faid prefident, directors 13 and company may within the term of five years aforefaid, they having first built a good, fufficient and fubftantial bridge across the faid Sufquehannah river at Wattles' ferry aforefaid, apply to the commiffioners laft to be appointed in and by this a to infpect faid bridge, and on their reporting that the fame is built and completed in a workmanlike manner, and is a good-and fufficient bridge, fuitable for the fafe and commodious paffage of travellers and carriages, the perfon adminiftering the government of this ftate may permit the faid prefident, directors and company to erect a gate at or near faid bridge, and to demand 14 and receive the fame rates of toll as are authorized at any of the gates aforefaid, with all the powers and privileges and fubject to all the duties, regulations and restrictions that appertain to faid road, and to any of the gates and turnpikes aforefaid. VI. And be it further enacted, That the faid prefident, direc- 15 tors and company, may demand and receive of and from every foot pallenger or traveller on foot, the fum of two cents for croiting the faid bridge, across the faid Sufquehannah river, and the fume for crofling the faid bridge across the Unadilla river, and fhall have the fame powers of collection as are allowed and directed in other cafes in and by this act. VII. And be it further enacted, That the faid prefident, direc- 16 tors and company, may immediately after the paffing of this act, or before the expiration of five years as aforefaid, receive fubfcriptions for a fufficient number of fhares to make faid bridges N 17 18 and road, not exceeding the number of two thousand shares at twenty dollars each. VIII. And be it further enacted, That the faid prefident, directors and company aforefaid, fhall at all times maintain and support a good and fufficient bridge over the Chenango river, near the houfe of the faid Benjamin Wilfon, in Oxford, free of all expenfe to the public. IX. And be it further enacted, That none of the bridges to be erected as aforefaid, fhall be fo built as in any way to injure or obftruct the paffage of boats, arks or rafts. 19 X. And be it further enacted, That this act and the act to which this act is fupplementary, shall be and the fame are hereby declared to be public acts. Public Roads. CHA P. LIX. CONTENT S. 28. Bridge, 1500 dollars appropriated for building one over the west branch of the North river. 10, 12, 14, 25. Four sets of, for laying out and improving certain Commissioners, roads, how appointed.---11, 13, 15, 26. Their duty. To draw monies from the treasury on comptroller's warrant. To account with the comptroller.---21, 26. To give bonds. Vacancies among, how filled.---24. Two a quorum. 19. 20, 26. 23. 27. 28. 30. ----- ----- ------ Treasurer to pay one set of, 10,000 dollars---if advanced by individuals, to be reimbursed. For building a bridge, named.---29. To give security and account as the other commissioners. Their compensation. 22. Bonds of, to be filed with the comptroller. 16. Damages sustained by laying the road through improved lands on one of the routes, how assessed. 5. Expenses, account of, to be audited by the comptroller. 18. Loans for making road, to be refunded out of the avails of the lottery. 1. Lottery, 41,000 dollars to be raised by. 9. To be drawn without delay after the sale of the tickets. 6. Managers of lottery, may adopt such schemes as they may think 2. 3. 4. 5. 28. Named for drawing and superintending lottery. To give bonds for the faithful discharge of duties. To pay the whole avails of the lottery when drawn, into the To pay 1,500 dollars to Michael Overacker and others, 17. Roads, money raised, to be divided between, in proportion to their length.---11, 13, 15, 26. Different routes thereof. 7. Tickets, managers may sell in any part of the state. An ACT for opening and improving certain Great Roads in this State. Paffed March 26th, 1803. E it enacted by the People of the State of New-York, represent Bed in Senate and Assembly, That for the purpose of opening and improving the roads herein after mentioned, the managers herein after named, fhall caufe to be raifed by lottery, forty-one thousand five hundred dollars. II. And be it further enacted, That Philip Ten Eyck, Thomas Storm, William Henderfon, Mathias B. Tallmadge and Jacobus Van Schoonhoven, or the furvivors or furvivor of them, be and they are hereby appointed managers for drawing, managing and fuperintending the faid lottery, which fhall be drawn in the city of New-York. 1 2 III. And be it further enacted, That each of the managers of the s faid lottery, fhall before they enter upon the execution of the duties of their office, enter into a bond to the people of this ftate, with fuch fureties as the comptroller fhall approve of, in the fum of ten thousand dollars, conditioned for the faithful and honeft difcharge of the duties required of them by this act, and for rendering a juft account of all their proceedings at the next feffion of the legislature after the drawing of the faid lottery. IV. And be it further enacted, That the managers aforefaid, fhall from time to time, and as often as they fhall receive the fum of three thousand dollars for the fale of tickets, depofit the fame in the bank of New-York for fafe keeping; and that as foon as the lottery fhall be drawn, the managers after deducting therefrom their reasonable expenfes for drawing and conducting the fame, to be audited and allowed by the comptroller, shall pay the avails into the treafury of this state. 5 6 V. And be it further enacted, That the managers aforefaid, or a majority of them, fhall have full power to adopt fuch schemes, or to manage the faid lottery in fuch manner as to them may be thought proper; and may fell or caufe to be fold the tickets in 7 any part of this ftate; but the faid managers fhall not proceed to 8 fell the tickets of the faid lottery, until after the first day of May, in the year one thoufand eight hundred and fix; and that the lot- 9 tery fhall be drawn without delay after the fale of the tickets. VI. And be it further enacted, That it fhall be lawful for the 10 perfon adminiftering the government of this ftate, by and with the advice and confent of the council of appointment, to appoint three or more commiffioners to open and improve the road, as laid out by Peter Colt and Nathan Sage, from Rome to Brownville, on the Black river; and that the faid commiffioners, so ap- 11 pointed, fhall extend the faid road from Brownville to the St. Lawrence river, fo as to have the best ground for a road, and the most convenient ferry across the faid water to Kingstown, in the province of Upper Canada. VII. And be it further enacted, That it shall be lawful for the 12 perfon adminiftering the government of this ftate, by and with 13 the advice and confent of the council of appointment, to appoint three or more commiffioners to lay out and improve a road, from within two miles of Prefton's tavern, in the town of Steuben; thence to within three miles of the high falls of Black river; thence through the towns of Turin, Lowville, Champion, Rutland, Watertown and Brownville, fo as to interfect the aforefaid road, between the Black river and the fouth bounds of great number four of McComb's purchase. 14 VIII. And be it further enacted, That it fhall be lawful for the perfon adminiftering the government of this ftate, by and with the advice and confent of the council of appointment, to appoint one 15 or more, not exceeding three commiffioners, to lay out a road from within two miles of Preston's tavern, in the town of Steuben as aforefaid, to Johnstown, or as near Johnstown as the nature of the ground and the general interest of the Black river country require; and that when this part of the road fhall have been fo laid out, the commiffioners for laying out, opening and improving the road through the Black river country generally, fhall open and improve it. .16 17 18 19 IX. And be it further enacted, That if any part of the faid road to the Mohawk river, as aforefaid, fhall be laid through inclosed or improved lands, the owner thereof fhall be paid fuch damages as may be sustained by reason thereof, which damages fhall be determined and affeffed in the manner prefcribed in like cafes in and by the fifteenth fection of an act, entitled "An Act to regulate highways," passed the eighth of April, one thousand eight hundred and one. X. And be it further enacted, That the money ordered to be raised by this act fhall be equally divided between the roads aforefaid, in proportion to their length: But if any perfon or perfons think proper to advance money towards making any part of the faid roads, it fhall be optional with him or them on which of the roads it shall be expended. XI. And be it further enacted, That it fhall be lawful for any perfon or perfons to pay into the treafury of this ftate any fum or fums of money he may choose to advance for opening either of the faid roads, which money fo advanced fhall be repaid him or them by the treafurer, on the warrant of the comptroller, with the intereft, out of the avails of the faid lottery, paid into the treafury as aforefaid. XII. And be it further enacted, That it fhall and may be lawful for the faid commiffioners from time to time to receive from the treafury, by warrant from the comptroller, any fum or fums of money which may be fo advanced on loan as aforefaid, for opening and improving either of the faid roads, and to receive from the treasurer, on the warrant of the comptroller, the avails of the faid lottery, deducting the monies, with the intereft, which may have been paid into the treafury on loan for opening either of the faid roads as aforesaid. XIII. And be it further enacted, That it fhall be the duty of the 20 faid commiffioners to account with the comptroller for the expenditures in opening and improving the faid roads. XIV. And be it further enacted, That each of the faid commif- 21 fioners, before he enters on the execution of his truft, fhall enter into a bond to the people of this ftate, with fuch fureties as the comptroller of this ftate, for the time being, fhall approve of, in a fum equal to the whole fum appropriated to the road or roads, to be by him and his colleagues opened and improved, conditioned for the faithful application of the monies to be raised as aforefaid, and which shall be entrusted to him or them according to the directions of this act; which bond, when executed, fhall be depofit- 22 ed in the office of the comptroller of this ftate, and in cafe the faid bonds or any of them fhall become forfeited, the monies to be recovered thereon fhall be applied to the use of the road, the improvement whereof the defaulting commiffioner or commiffioners fuperintended. XV. And be it further enacted, That in cafe of the death, refuf- 23 al to act, or refignation of any perfon or perfons who are appointed by this act to be a commiffioner or commiffioners, it fhall and may be lawful for the perfon adminiftering the government of this ftate, to fupply every fuch vacancy, by the appointment of fuch perfon to fill the fame, as he in his difcretion fhall deem meet and proper. XVI. And be it further enacted, That two commiffioners on each, 24 road, fhall be deemed a quorum, who may tranfact all business incident to the trust repofed in them by this act. XVII. And be it further enacted, That it fhall be lawful for the 25 perfon adminiftering the government of this ftate, by and with the advice and confent of the council of appointment, to appoint three or more commiffioners to lay out and improve a road 26 through the northern towns in the county of Washington, into and through the counties of Effex and Clinton, until it interfects the line of forty-five degrees of north latitude, in the town of Champlain, and that the commiffioners fo to be appointed fhall give the like fecurity, and be accountable for the expenditure of the monies aforefaid, in the fame manner as the other road commiffioners named in this act. XVIII. And be it further enacted, That the treasurer of this 27 ftate, on the warrant of the comptroller, fhall pay out of the avails of faid lottery, to the commiffioners to be appoint for improving the road laft mentioned, the fum of ten thousand dollars; but if any perfon or perfons fhall advance to the faid commiffioners any fum or fums of money for opening and improving the faid road, then, and in that cafe, the perfon or perfons making fuch advance, on producing to the treafurer a certificate of the fum paid, under the hands of the commiffioners, fhall be entitled to receive from the treasurer the amount thereof, out of the avails of faid lottery; and the fum fo received fhall be confidered as part of the faid ten |