dyke, embankment or dam, for the improvement of the navigation thereof, shall be and hereby is vested in the said corporation and its successors, for and during the existence of the said corporation and no longer, and for the purposes aforesaid, as a free gift from the people of this state; saving and reserving to the people of this state the right to all lands under the water not so occupied as aforesaid, to be appropriated as the legislature shall from time to time direct; and that all the lands under the water in Hudson's river, which may in like manner be occupied by the said corporation last mentioned in the preamble to the first section of this act, shall in like manner be vested in the said corporation and its successors, and for the like purposes, and under the like saving and reservation, as a free gift from the people of this state. R built in Hud herein men VI. Provided always, and be it further enacted by the au- No dam to be thority aforesaid, That no dam or dams shall be erected in fon's river Hudson's river, other than where a canal shall run from except as the water raised by such dam to communicate with the tioned. water below the water now navigable or to be rendered navigable by the said company, and such dams shall not be higher than is necessary for the works with which they are connected, and that nothing in this act shall be construed to prevent any person or persons from passing over such dam or dams with rafts of timber, boards or other lumber, when the water running over such dam or dams shall be of sufficient depths for the passage of such rafts, without injuring the dam or dams, and that without paying any toll for such passage: ind provided also, That in every such dam across the said river, a flood-gate, sluice or other proper device shall be constructed to admit the pas sage of fish ascending the said river, and to be constantly kept open, except in winter, when, for the greater safety of the dam, gate, sluice or other device, the same may be closed; And provided also, That in every dam to be erected across the said rivers, Hudson or Mohawk a flood-gate, sluice or other proper device, shall be constructed to admit the passage of fish ascending the said rivers And provided also, That no net, seine, fuyck or other contrivance for taking fish or preventing their ascending the said rivers, shall be used or placed by any person or persons whomsoever, within the distance of five hundred yards of such sluice, gate or other device as aforesaid, under the penalty of ten pounds for every such offence, to be recovered with costs of suit, before any justice of the peace, by any person or persons who shall prosecute for the same, one half whereof shall be for the use of the poor of the town where such offence shall be committed, and the other half to and for the use of the person or persons who shall prosecute for the same. Corporation toll to be de. A VII. And whereas by the eleventh section of the said act, it is enacted, That the tolls on vessels passing through the tion as to the said improved navigation, shall be computed according to the tonnage of such vessels, and that the toll on timber, boards, plank and scantling, shall be estimated in proportion to the toll on the tonnage of such vessels, by means whereof, as much toll may be exacted from fessels passing empty as from those full laden; for remedy whereof, Be it further enacted by the authority aforesaid, That it shall be optional with each and either of the said corporations respectively to make such discrimination in the toll to be demanded for empty or for laden vessels as they shall think proper; and that it shall be further in their discretion respectively to estimate and establish the tol to be taken for passing any lock or other improvement either according to the tonnage of vessels or rafts passing through or by the same, or by charging a specific toll on every particular article transported through such canal, look or other improvement of the said navigation; Provided always, That the aggregate toll on any particular articles, shall not exceed, upon a ton weight of such articles the sum which the said corporations are respectively permitted to charge and take by the said eleventh section, any thing in the said act to the contrary hereof notwithstanding. R VIII. And be it further enacted by the authority aforesaid, That the annual election for directors in each of the said corporations respectively, in manner prescribed by the said act, shall henceforth be held on the second Tuesday ofry in every year, and that the first election for directors shall be held on the second Tuesday of January next ensuing the passing of this act. HX. And be it further enacted by the authority aforesaid, That no non-user or misuser, heretofore omitted, neglected or done, or which may hereafter and before the second Tuesday of January next ensuing the passing of this act, be omitted, neglected or done, shall operate so as to defeat or work an injury to either of the said corporations, any thing in the sand act to the contrary notwithstanding. X. And be it further enacted by the authority aforesaid, That the stock, interest and shares of and in the said several corporations, shall be deemed and considered as personal property, to all intents and purposes whatsoever. An ACT further to amend the Law relative to Lock Navigation within this State. Preamble: W Passed 9th March, 1793. HEREAS petitions have been presented to the legislature, praying for sundry amendments to the act, entitled An act to amend an act, entitled An act for establishing and opening lock navigations within this state; And whereas, The president of the board of directors of the western and northern inland lock navigation companies, in their behalf, has signified to the legislature, that in his opinion the alterations herein after specified, may be made without materially injuring the important object for which the said companies were instituted; Therefore, tanquand on each fide of any canal, + R I. BE it enacted by the People of the State of New-York, Prefident and directors may represented in Senate and Assembly, That the president and Occupy cerdirectors of the said companies shall not take and occupy a greater extent of land on each side of any canal, dyke or other work, incident to the object for which they were incorporated, than twenty feet beyond such work, except where any lock shall be placed, in which case they may take and occupy to the distance of one hundred feet from the side of such lock for the whole length of such lock, and for the distance of one hundred feet above and below such lock, if in their discretion they shall deem that extent requisite, and also except where a bridge is to be placed over any canal, in which case they may take and occupy one hundred feet from such canal, and for a space as wide as such bridge, if in their discretion they shall deem such extent requisite. II. And be it further enacted, That in all cases where it shall be requisite to appropriate an lands on which there may be any house or houses or other buildings, or to appropriate any lands which shall reach to or approach to or within fifty feet of any house or other building, which shall then be erected on a part of the land so to be appropriated by the said company, the presiДlent or an agent of such company shall give thirty days notice to the owner or owners, occupant or occupants thereof, before the president and directors of such company, or any or either of their agents shall take, use or occupy/such land, any thing in this or any other law to the contrary notwithstanding. To give 30 days notice of lands con III. And be it further enacted, That in every dam that Dams how shall be constructed in the river Hudson by the said com- constructed. pany, an aperture shall be so constructed as that not only rafts may descend with facility and safety, but that fish may ascend the river there-through or thereon; and that t no toll shall be taken for the passage of such rafts, nor any contrivance for taking fish by nets or otherwise shall be placed at such aperture by the said president and directors, or by any other person whomsoever, to impede or take fish at such aperture, or within five hundred yards above or below such aperture; Provided always, That it shall be optional with the president and directors of the said company, to permit the passage of rafts or not as they shall deem proper through any canal, look or other work to be erected or made in or by the river Hudson as aforesaid, other than through or over any dam in the said river; and if such permission shall be granted, the party giving and the party requiring the same, shall agree upon the quantum of toll for such raft, without any regard to the limitation of toll stipulated in the original act by which the said company was incorporated. Preamble. Treasurer to fubfcribe to each company fhares. EIGHTEENTH SESSION. CHAP. XXXVIII. An ACT for the more effectual Prosecution of the Improvements commenced by the Inland Lock Navigation Companies in this State. W Passed the 31st of March, 1795. "HEREAS the directors of the inland lock navigation companies instituted by the legislature, have by their petition respectfully represented, that only seven hundred and forty-three shares in the western company, and six hundred and seventy-six in the northern company have been subscribed to the stock of the said companies, and that of those, about two hundred and forty in each company have become forfeited, by reason that the holders thereof have refused or neglected to pay the sum required of them in conformity to law; means whereof the residue of the stock in both companies is now held by only one hundred and sixty-nine persons, who, although willing to prosecute the objects of the institutions with vigor and energy, are incapable to make the requisite advances, as the expense to be incurred on each share will be double of what was originally intended, occasioned by the deficit of the unsubscribed shares, and the forfeitures aforesaid, and have prayed legislative relief in the premises; And whereas, The legislature by the act of incorporation, intended that the stock of the said companies respectively should consist of one thousand shares, and that the objects of the institution were to facilitate the transportation of produce as an important mean to promote the agriculture and commercial interest of the state; Therefore, I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted two hundred by the authority of the same, That it shall and may be lawful for the treasurer of this state, for the time being, and he is hereby required to subscribe two hundred shares to the stock of each of the said companies, and to pay the sum of twenty pounds on each share to the treasurer of the said companies, being a like sum as hath been paid by the existing stockholders thereof; and shall from time to time pay such further sum on each share so to be sub + scribed as the directors of the said companies shall from soever. р To infpect the proceed. report the III. And be it further enacted by the authority aforesaid, That whenever and as often as the said treasurer shall require an inspection of the proceedings of the directors, the same shall be permitted him; and if he shall find that fame to the any measures have been pursued by the directors of either legislature. of the said companies, tending to the injury of the people of this state, as subscribers to the stock of the said companies, he shall report the same to the legislature at the first meeting thereof next after such discovery. NINETEENTH SESSION. CHAP. LXI. An ACT for loaning Money to the Directors of the Western Inland Lock Navigation Company in this State, and for other Purposes therein mentioned. WE Passed the 11th of April, 1796. HEREAS the directors of the western inland lock Preamble. navigation company in this state, have represented to the legislature, that they have determined in the present year to connect the waters of the Mohawk-river with those of Wood-creek by means of a canal and locks, and to prosecute other important improvements in the internal navigation; but by reason that several of the stockholders are not in condition immediately to furnish their proportion of sums adequate for the purpose, have therefore respectfully intreated the aid of the legislature in the premises; to the end therefore that improvements so important to the interest of the community may be accelerated, · I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the treasurer shall be and he is hereby directed to advance unto the said directors or to their order, the sum of fifteen thousand pounds out of any monies in the treasury unappropriated, and for Treasurer to pay to the or. der of the di- tain fum. 十 |