placed nearer to the city of Schenectady than five miles from the Mohawk bridge at Schenectady, nor nearer the village of Utica than four and an half miles thereof, nor nearer the village of Herkimer, on the east thereof, than two miles: And provided further, That no toll shall be exacted from the inhabitants of the city of Schenectady, at the gate nearest said city, when going for, or coming with hay or wood, for the use of said city; nor any toll from the inhabitants of the fourth ward of said city when passing the said last mentioned gate on any occasion.

CHAP. XI.

Ray De

authorised to

Raysville

Vincent turn

An ACT authorising James Le Ray De Chaumont to make two Turnpike Roads in the County of Jefferson. Passed February 21, 1812. I. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That it shall and may be lawful for James Le Ray De James Le Chaumont, his heirs, executors, administrators and as- Chaumont signs, and he and they are hereby authorised to make make the Le a turnpike road, from a point on Black river, opposite and Cape to the village of Watertown, in the county of Jefferson, pike roads. passing near the village of Le Raysville; thence to or near the point where the St. Lawrence turnpike road crosses Indian river in said county: And also one other turnpike road, to commence at the village of Chaumont, in the town of Brownville, thence unto the village of Cape Vincent, on the river St. Lawrence; the first of said turnpike roads to be called "the Le Raysville turnpike road," and the other "the Cape Vincent turnpike road."

ers to lay out

II. And be it further enacted, That Elisha Camp, CommissionMusgrove Evans and Robert McDoual, or any two of the same. them, be and hereby are appointed commissioners to designate the said points of beginning on the said two roads, and to survey and lay out the said roads according to the best of their judgment and understanding, without favor or partiality, in such manner that the ob ject of the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, and the general interest of the public shall be in the best manner ef

Lands may on for mak

be enter

ing the roads

tive to da

mages.

fected, accurate maps of which surveys shall be deposited and filed by the said commissioners in the office of the clerk of the said county of Jefferson.

III. And be it further enacted, That it shall be lawful for the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, after the routs of the said roads shall have been designated as aforesaid, to enter on and take possession of such quantity of land, not exceeding six rods wide, as shall be necessary for making the said roads, or either of them: Provided alProviso rela- ways, That he and they shall be liable to pay to the owners of the said land, such value and damages, (if compensation for the same be demanded within eighteen months after the routs of the said roads shall be so designated,) as shall be assessed by two justices of the peace, and by the oaths of twelve freeholders, to be summoned on the warrant of the said justices, by any constable of the town where such lands shall be situate. And the said James Le Ray De Chaumont, his -heirs, executors, administrators or assigns, shall cause the said roads to be cut out and cleared of trees and timber, not less than four rods wide, twenty feet of which, (excepting so much of the first mentioned road as runs through the pine plains, which it shall not be necessary to arch,) shall be levelled and faced with earth, rising in the middle by a gradual arch, so as to form an even surface, and the stumps grubbed out; and where the ground shall be so soft as to require it, the same shall be bedded with stone, gravel, sound wood or other hard substance, so as to secure a firm and solid foundation.

The Gover

nor to ap

point three persons to

examine the

roads when

finished.

IV. And be it further enacted, That as soon as the said roads, or any ten miles of either of them, shall be completed, the person administering the government of this state for the time being, on receiving notice thereof, shall forthwith nominate and appoint three discreet freeholders to view and examine the same, and shail, on their report that the said roads, or either of them, or any ten miles of either of them, are made conformabie to the directions and provisions prescribed in and by the act, entitled "an act relative to turnpike companies," passed 13th March, 1807, except in so far

ers may be

as is otherwise herein provided and enacted; authorise the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, to erect a gate or turnpike on the said roads, on each and every ten miles so completed; and he and they shall then be authorsied to Toll gather appoint toll gatherers, to collect and receive of and from appointed. all and every person and persons using the said roads, or either of them, at each and every of the said gates so to be erected, the several tolls and duties following: that is to say-For every cart or waggon drawn by one Rates of toll. horse, mule or ox, six cents; for every cart or waggon drawn by two horses, mules or oxen, twelve and an half cents; and for every additional horse, mule or ox, the further sum of three cents for every stage-wagwon, chariot, coach, coachee, phaeton, curricle or other pleasure carriage, drawn by two horses, twenty-five cents, and for every additional horse six cents; for every chair, chaise or sulkey, with one horse, twelve and an half cents, and for every additional horse six cents; for every horse rode four cents; for every horse led or. driven three cents; for every sleigh or sled, drawn by two horses, oxen or mules, six cents, and for every additional horse, ox or mule, three cents; for every sleigh or sled, drawn by one horse, ox or mule, four cents; for every score of cattle, horses or mules, twenty cents; for every score of hogs or sheep, eight cents; and if there shall be a section of road less than ten miles and exceeding four, it shall be lawful for the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, to erect a gate or turnpike thereon, and to ask, demand, have and receive, a rateable proportion of toll for the length of such section, compared with the distance of ten miles; and if such section be less than four miles, he or they may add to the toll hereby granted a rateable proportion according to the length of su h section, compared with the said distance of ten miles: Provided, That nothing in this act contained shall be Provis construed to entitle the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, to demand or receive toll at any gate on either of the aforesaid turnpike roads of or from any person passing to or from public worship or a funeral; to or from a

Further

vist.

grist-mill, for the grinding of grain for his family's use; or to or from a blacksmith's shop, to which he usually resorts; or from any person residing within one mile of any such gate; or from any person or persons who are entitled to vote, when going to or returning from any town meeting or election, for the purpose of giving a vote; or from any person going for a physician or midwife, or returning; or from a juror or witness, going to or returning from court, having been legally summoned or subponed; or from any troops in the service of this state or of the United States; or from any person going to or returning from any training, where by the laws of this state they are required to attend: And propro- vided also, That not more than one half of the above toll shall be demanded or received from any waggon or carriage passing upon the said roads, or upon either of them, the tire or track of the wheel whereof is six inches wide, nor more than one-fourth of the above toll from those of nine inches wide; and all carriages, the tire. or track of the wheel whereof is twelve inches wide, shall pass the said roads free, without paying any toll whatever; and that the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, shall cause to be affixed and kept up at or over each gate, in some conspicuous place, where it may conveniently be read, a printed list of the rates of toll which may be lawfully demanded.

V. And be it further enacted, That the commissioners who may be employed under this act, shall be en

titled to receive from the said James Le Ray De Chaumont, his heirs, executors, administrators or assigns, Commission- the sum of three dollars for every day they shall be so dolls. per day employed.

ers allowed 3

VI. And be it further enacted, That the said James, Le Ray De Chaumont, his heirs, executors, administrators and assigns, 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 the said act, except in so far as is otherwise herein provided and enacted.

CHAP. XII.

An ACT authorising certain persons to sell the Public Lot of the Town of Genoa.

Passed February 21, 1812. I. E. it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Henry Bloom, Richard Townley, Charles H. Morrell, John Brown, junior, and Jabez Bradley, of the town of Genoa, in the county of Cayuga, or a majority of them, or such other persons as shall be appointed by the freeholders and inhabitants of the said town of Genoa, in legal town meeting assembled, be and they are hereby authorised to sell and dispose of lot number twentyfour, in said town, heretofore appropriated to the support of the gospel and schools, for the best price that can be obtained for the same; and to loan the monies arising therefrom, on real security, the interest of which shall annually hereafter be applied to the use and benefit of common schools in said town.

II. And be it further enacted, That it shall and may be lawful for the persons who shall sell the said lot of land, and they are hereby authorised, to appropriate in manner aforesaid, any monies which may have accrued or shall arise from the rent of the said lot of land.

CHAP. XIII.

An ACT to amend an act, entitled "an act to authorise the building of a Toll-Bridge over the Mohawk river, passed April 9th, 1811."

Passed February 28, 1812.

BE it enacted by the people of the state of New

York, represented in Senate and Assembly, That Henry Fonda, Victor C. Putman and John Fonda, who are appointed commissioners in and by the act hereby amended, to open books and to receive subscriptions for the purpose of erecting a bridge over the Mohawk river, be and they are hereby authorised and empowered, as soon as may be after the passing of this act, to open books and receive subscriptions, in the same man+ ner and for the purposes mentioned in the second section of the act hereby amended; and as soon as five