passable, or a bridge fit for the passage of carts and waggons to be built and for ever thereafter maintained and kept in repair at all and every' of the places so ascertained by the said jury, at the costs and charges of such corporation; but nothing herein contained shall prevent any person from erecting and keeping in repair any ford or bridge across either of the said canals, at his own expense, where the same shall pass his ground; Provided, Such bridge shall be of such height above the water as shall be usual in the bridges erected by the corporations to whom such canals belong; And provided also, That such ford or bridges so to be erected by the owners of such land, shall not interfere with any of the locks, buildings or other works of the said corporation.

directors to

each fhare of

R

IX. And be it further enacted by the authority aforesaid, Prefident and That the president and directors of each of the said cor- fix the fum porations shall have power and authority, from time to to be paid on time, to fix the several sums of money which shall be the capital paid by the subscribers or holders of every share of the fock and the time & place. stock of the said corporations respectively, in part of the sum subscribed, and the time when each and every of the dividends or parts thereof shall be paid and the place where they shall be received; and shall give at least thirty days notice, in two of the public newspapers, one of which notices to be published in the city of New-York in the newspaper printed by the printer to this state, and the other in the city of bay, of the sum or dividend and the time and place of receiving the same; and if any stock- Penalty on holder shall neglect to pay such proportions, at the place ftockholders or places aforesaid, for the space of thirty days after the pay the fame. time so appointed for paying the same, every such stockholder shall, in addition to the dividend so called for, pay after the rate of seven per cent for every month's delay of such payment; and if the same and the additional per centage shall not be paid within one year after the same ought to have been paid, then and in such case the share or shares on which such payment shall be due, shall be forfeited to the use of the stockholders of the corporation of which such defaulting stockholder is a member, and may and shall be sold by the said corporation to any person or persons willing to purchase for such prices as can be obtained therefor.

enacted

X. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the president and directors of each of the said corporations respectively, and their superintendents, engineers, artists, workmen and labourers, with carts, waggons and other carriages, with their beasts of draft and burthen, and all necessary tools and implements, to enter upon the lands contiguous or near to the tracts of the intended canals and navigation, first giving notice of their intentions to the owners there

FOL. II.

AP

neglecting to

Prefident and

directors
with their

workmen and
carriages may
enter on lands

near the ca

nals on mak

ing good the damages.

To appoint toll-collectors

and to afcer

tain the toll.

т.

Tell not to exceed a certain amount

of, and doing as little damage thereto as possible, and repairing any breaches they may make in the enclosures thereof, and making amends for any damages that may be sustained by the owners of such ground, by appraisement, in manner hereinafter directed, and upon a reasonable agreement with the owners, if they can agree, or if they cannot agree, then upon an appraisement to be made upon the oath of three, or if they disagree, any two indifferent freeholders to be mutually chosen, or if the owners neglect or refuse to join in the choice, to be appointed by any justice of the peace of the county, and on tender of the appraised value, to carry away any timber, stone, gravel, sand or earth there, being most conveniently situated for making or repairing the said canals and navigation, and to use the same in carrying on the said works.

XI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and directors of each of the said corporations, as soon as the said canals and navigation, or any part of either of them shall be perfected, to appoint such and so many collectors of toll for the passage of boats and vessels in, through and along the same, and in such places as they shall think proper; and that it shall and may be lawful to and for such tollollectors and their deputies, to demand and receive of an from, the, persons having the charge of all boats and vesels, and rafts of timber, boards, plank, or scantling passing through the said canals and navigation, and the locks thereto belonging, such toll and rates for every ton weight of the ascertained burthen of the said boats and vessels, and for every hundred feet cubic measure of timber, and one thousand feet board measure of boards, plank or scantling in rafts, as the said president and directors of each corporation shall think proper, at any lock or other convenient place; Provided, That the amount of all the tolls accruing to the corporation, hereby made and created by the name of "The president, directors and company of the western inland lock navigation in the state of New-York," and arising from the use of the said navigation, wherever the same may be, between the navigable waters of Hudson's river and the Senecalake and Lake-Ontario, shall not exceed in the whole the sum of twenty-five dollars for every ton of the burthen of

ch boat or vessel, and so in proportion for every hundred feet cubic measure of timber, and one thousand feet board measure of boards, plank or scantling, and so in proportion for any smaller distance and less number of locks in any interval between the said river and lake; And provid ed also, That the amount of all the tolls accruing to the corporation hereby made and created by the name of "The president, directors and company of the northern inland lock navigation in the state of New-York," and

arising from the use of the said navigation, wherever the same may be, between the navigable waters of Hudson's river and Lake-Champlain, shall not exceed in the whole the sum of twenty dollars for every ton of the burthen of such boat or vessel, and so in proportion for every hundred feet cubic measure of timber, and one thousand feet board measure of boards, plank or scantling, and so in proportion for any smaller distance and less number of locks in any interval between the town of Troy, near the said river, and the said lake ; Provided always, That all boats of a burthen less than a ton, and using either of the said canals shall pay the toll for a ton.

certained.

XII. And in order to ascertain the tonnage of boats, Tonnage, of using the said canals and navigation, and to prevent dis- boats how afputes between the supercargoes and the collectors of tolls. concerning the same, Be it further enacted by the authority aforesaid, That upon a request of the owner or supercargo of such boat or raft, or of the collector of the said tolls, at any lock upon either of the said canals and navigation, it shall and may be lawful for each of them to choose one person to measure and ascertain the number of tons which the said boat or vessel is capable of carrying, and to mark the same in figures upon the head and stern of the said boat, in colours mixed with oil, and that the said boat or vessel so measured and marked, shall always be permitted to pass through the said canal and locks for which it shall be so marked, for the price per ton to which the number of tons so marked on her shall amount unto, agreeably to the rates fixed in the manner aforesaid, and if the owner or commander, or supercargo of such boat or vessel shall decline choosing a person resident within four miles of the place where such toll is payable, to ascertain the tonnage thereof, then the amount of such tonnage shall be fixed and ascertained by a person to be appointed for that purpose, by the collector of tolls at the lock where the toll is payable as aforesaid, and the said toll shall be paid according to such measurement before any such boat or vessel shall be permitted to pass the lock or place where such toll shall be made payable.

perfons wil

or navigation

R

XIII. And be it further enacted by the authority aforesaid, Penalty on That if any person or persons whatsoever, shall wilfully fully damag and knowingly do any act or thing whatsoever, whereby ing said locks the said navigation, or any lock, gate, engine, machine, or device thereto belonging, shall be injured or damaged, he or they so offending shall forfeit and pay to the corporation to which the injury is done, fourfold the costs and damages by them sustained by means of such known and wilful act, together with costs of suit in that behalf expended, to be recovered by action of debt in any court having jurisdiction competent to the sum due.

Toll-collect

vent the paffage of any boat till the toll is paid.

Or diftrain

XIV. And be it further enacted by the authority aforesaid, ors may pre That the collectors of toll, duly appointed and authorized by the president and directors of either of the said corporations, may stop and detain all boats and vessels using the canals and navigation to which they respectively belong, until the owner or commander, or supercargo of the same, shall pay the foll so as aforesaid fixed, or may distrain part for the fame. of the cargo therein contained, sufficient by the appraisement of two credible witnesses, to satisfy the same, which distress shall be kept by the collector of the tolls taking the same, for the space of eight days, and afterwards be sold by public vendue, at the most public place in the neighbourhood, to the highest bidder, in the same manner and form as goods distrained for rent are by law sold, rendering the surplus on demand, if any there be, after payment of the said toll and the costs of distress and sale, to the owner or owners thereof.

Certain offi. cers to give bonds to the

prefident and

directors for the faithful

performance

of their trufts.

Prefident and directors to keep a juft

count of all monies received and expended by them, &c.

XV. And be it further enacted by the authority aforesaid, That the president and directors of the said corporations respectively, may demand and require of and from their treasurers, and of and from all and every of the superintendents, officers and other persons by them employed, bonds in sufficient penalties and with such sureties as they shall by their rules, orders and regulations require for the faithful discharge of the several duties and trusts to them, or any or either of them respectively committed.

XVI. And be it further enacted by the authority aforesaid, That the president and directors of each of the said corand true ac porations shall keep just and fair accounts of all monies received by them from the subscribers to the said undertaking, for their subscription thereto, and all penalties for delay or non-payment thereof, and of all monies by them expended in the payment of the costs and charges af procuring and purchasing all estates, rights and titles in the said corporations respectively, to be vested in pursuance of this act, or by any other means, and in paying their several officers by them to be appointed, and the wages of their different engineers, artists, workmen and labourers by them to be employed, and for the materials and work furnished and done in the prosecution of the works projected by the said corporations respectively, and each of them shall once at least every year, submit such account to the general meeting of the stockholders, until the said canals and rivers therewith connected shall be rendered navigable, and until all the costs, charges and expenses of effecting the same shall be fully paid and discharged, and the aggregate amount of such expenses shall be liquidated; and from and after the liquidation thereof, if the re-thousand shares above mentioned for each or either of the said corporations shall not be sufficient, it shall and may be lawful to and for the said president and directors

mares are cient they

000

may increase the fame.

of the said corporations respectively, at the general meeting of the stockholders, held in pursuance of the preceding provisions, or called by the president and directors for the special purpose, by public notice in two newspapers in manner aforesaid (which shall be given three months previous to the opening of the said subscriptions) to increase the number of shares to such extent as shall be deemed sufficient to accomplish the objects of this act, to demand and receive such additional subscriptions from the former, or in case of their neglect or refusal, from new subscribers, and upon such terms and in such manner as by the said general meeting or meetings shall be agreed upon; and the said president and directors of the said corporations respectively, shall also keep just and true accounts of all and every the monies received by their several and respective collectors of toll in and through the said canals and navigation, and shall make and declare a dividend of the clear profits and income (all contingent costs and charges being first deducted) among all the stockholders of the stock of the said several corporations, and shall on every the second Mondays in June and December, in every year, publish in manner aforesaid the half yearly dividend to be made of the said clear profits to and amongst their stockholders respectively, and of the times and places when and where the same shall be paid, and shall cause the same to be paid accordingly.

to render an

XVII. And be it further enacted by the authortiy aforesaid, Corporations That at the end of ten years after the said navigation re- abftract of spectively shall be completed, the corporations respective- their accounts to the legifialy shall render an abstract of the accounts to the legislature ture. for the three last years of the said ten; and if it shall then appear that the clear profits and income will bear a dividend of any rate on the principal sum expended, exceeding ten and not exceeding twenty-five per cent, each of the said companies shall continue the tolls on which such dividend has arisen, for such a term of years as to produce to them respectively an interest at the rate of ten per centum per annum, on the principal sum of their expenditures, such interest being computed on the several payments of the principal from the time and times they were respectively made, until it shall be produced as above said, after which the tolls shall be so reduced as to divide a clear profit, not exceeding fifteen per cent, and if such dividend shall exceed fifteen per cent, the excess shall be paid into the treasury of this state; and from and after the time and times when the said companies respectively shall render an abstract of the accounts as aforesaid, they shall once at least in every three years render to the legislature an account of the tolls they may have collected, and the sums expended during the years next preceding, so that the clear profits of the companies respectively may in any year be known to the legislature.