Saving clause. § 3. Nothing herein contained shall be construed so as to authorize the said Joseph Russel and Jonathan Griffin, or either of them, or the heirs or assigns of them, or either of them, to maintain the said dam in such manner as to overflow the lands of any other person or persons, without his or their consent. § 4. The legislature may at any time alter or repeal this act. Dam may CHAP. 134. AN ACT to authorize J. B. Wheeler to erect a dam across the Canisteo river. [Passed April 16, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. James B. Wheeler, his heirs and assigns, are hereby be erected. authorized to keep erected, the dam across the Canisteo river in the town of Cameron, in the county of Steuben, heretofore erected upon the "Baker property," so called, in said town, at the height the said dam now is, for the purpose of supplying the mills upon said property now owned by said Wheeler, with water, or it shall and may be lawful for them to erect another dam at or near the place where the aforesaid dam now is, of the same height as the present dam to be used for the purpose aforesaid. With an apron or chute. Saving clause. §2. There shall be maintained in the said dam, so erected or to be erected as aforesaid, an apron of such construction as to render the passage over the same, safe for arks, rafts or other craft navigating said river, at all times during the continuance of said dam, when the said river shall be navigable for such arks, rafts or other craft. § 3. Nothing herein contained shall be so constructed as to authorize the said James B. Wheeler, his heirs or assigns to continue said dam so erected, or to be erected as aforesaid in such a manner as to overflow the lands of any other person or persons without their consent. § 4. The legislature may at any time hereafter alter, modify or repeal this act. CHAP. 135. AN ACT to incorporate the Lockport and Transit Line [Passed April 16, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: created. § 1. All persons who shall be stockholders pursuant to this Corporation act, are constituted a body corporate, by the name of "The Lockport and Transit Line McAdam Road Company," for the purpose of constructing and keeping in good repair a McAdam road from the south end of the Transit-street bridge over the Erie canal in the village of Lockport, in the county of Niagara, thence south along the present road laid on the Transit line passing through the Tonawanda swamp and until it intersects the old road leading from Batavia to Buffalo, in the county of Erie, a distance of thirteen miles. stock. § 2. The capital stock of the said company shall be fifty thou- Capita sand dollars, with the privilege of increasing the same to seventy-five thousand dollars; to be divided into shares of fifty dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct. tions to §3. George W. Rogers, Hiram Gardner, Lyman A. Spald- Subscriping and Jesse Hawley, of the village of Lockport; David Van stock. Tine and David Grabill, of Clarence; John S. King, of Williamsville; Benjamin Snearly, junior, of Amherst; Bela D. Coe and Squire S. Case, of Buffalo; shall be commissioners to receive subscriptions to the capital stock of the corporation, and for apportioning the same among the subscribers agreeable to the provisions of this act. ed. § 4. Within one year from the passage of this act, it shall Books when be the duty of the said commissioners at suitable places in the village of Lockport, town of Amherst, and at such other places as they may deem expedient, to open books and receive subscriptions of stock, which books shall be kept open during three successive days at Lockport, and during one day at Amherst; but no such subscription shall be received, unless two dollars shall be paid on each share at the time of subscription: At least fourteen days notice shall be given by the said commissioners of the time and place of opening the books by an advertisement in two of the public newspapers printed in the village of Lockport. of stock. § 5. If at the expiration of the time mentioned in the fourth Distribution section of this act, it shall appear that more than the requisite number of shares shall have been subscribed, it shall be the duty of the commissioners to distribute the same among the subscribers in such manner as they shall deem equitable and proper; and in case the capital stock shall not be fully taken up during the time specified in the preceding section, it shall be the duty of the commissioners from time to time, to take such further measures as they may deem necessary, in order to fill up the subscriptions of said stock. 6. The concerns of said company shall be managed by seven directors, to be chosen by and from among the stockholders. §7 When twenty thousand dollars, or more of such stock shall have been subscribed, it shall be the duty of the commissioners to call a meeting of the stockholders for the choice of directors, by giving at least fourteen days notice thereof, by advertisement in two of the newspapers printed in the village of Lockport. Three or more of the commissioners shall preside at such election, and each stockholder shall be entitled personally, or by proxy duly appointed in writing, to one vote for every share of stock owned by him. The directors so chosen shall hold their offices until the first Tuesday in February next following, and until others are chosen, which shall be the day for choosing directors in each year, after such first election. § 8. The said road shall be at least four rods wide, and shall be made in a macadamized form, and constructed in the following manner, to wit: At least thirty feet in width to the outer side of the ditches thereof shall be graded and drained with a convex surface of six inches; the drains made with a descent so as to give a current to the water, and with proper sluices to lead it off from the road; at least sixteen feet between the ditches shall be covered with a bed of layer-sized stone to the depth of six inches, and that again covered with another bed of smaller stone which shall not weigh more than one pound, or measure more than three inches in diameter, not less than six inches in the centre of such road, nor less than four inches at the outer edges thereof; and if found necessary, the whole shall be covered with a coat of coarse gravel, broken flint or limestone made fine, from four to six inches in depth, so that the whole together shall make a good, firm, hard road. § 9. The said company shall have the right to take and use the present road as now laid and travelled on the said Transit line, so far as they shall consider it convenient and expedient for their use, provided they shall not obstruct or impede the travel thereon, during the time they are occupied in the construction of their road. 10. The said corporation shall be allowed two years from the passage of this act, for the commencement of the construction of the said road; and in case the same shall not be completed within five years thereafter, the privilege herein granted, shall be forfeited. erected. §11. Whenever five miles of the said road shall be finish- Toll-gate ed in manner aforesaid, that is to say from the Transit canal where to be bridge in Lockport to the Tonawanda creek, and the present bridge over the said creek duly repaired, or a new bridge built, the said corporation may erect a toll-gate thereon, and demand and receive tolls for passing the same at the rates herein after mentioned; and whenever they shall have completed the construction of the residue of the said road, that is to say from the Tonawanda creek, to the old Buffalo road, then the said corporation may erect another toll-gate thereon, and demand and receive the same rate of tolls for passing the same. § 12. At each one of the toll-gates, when completed accord- Rates of toll ing to the provisions of this act, the company may demand and receive thereat, the following tolls, to wit: For every score of cattle, fifteen cents; for every score of sheep or swine, six cents; and so in proportion for a greater or less number of cattle, sheep or swine; for every cart or four wheeled carriage drawn by two horses or other beasts, ten cents; for every additional horse or beast, two cents; for every carriage drawn by one horse or other beast, six cents; for every sleigh or sled drawn by two horses or other beasts, eight cents; and for every additional horse or other beast, two cents; for every sleigh or sled drawn by one horse or other beast, six cents; and for every horse or mule and rider, four cents; and for every horse or mule led or driven, two cents. § 13. If any toll gatherer shall unreasonably delay, or hin- Penalty. der any passenger at either of the gates, or shall demand or receive more than the legal toll, he shall forfeit and pay for every such offence, the sum of ten dollars, to be recovered with costs, to the person so unreasonably delayed, hindered or defrauded. §14. The said corporation shall continue to be a body cor- Duration of porate and politic, for the term of fifty years. charter. powers. § 15. The said corporation shall possess the general pow- General ers and be subject to the general restrictions and liabilities prescribed in the third Title of the eighteenth Chapter of the first Part of the Revised Statutes, except so far as the same are altered by this act. § 16. The legislature may at any time alter or repeal this act. J. Haggart ferry. CHAP. 136. AN ACT concerning lands adjoining Black creek in the county of Albany. [Passed April 17, 1840. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. All the provisions contained in the seventeenth section of an act, entitled "An act declaring certain waters to be public highways, allowing certain dams to be built and made, and for preventing obstructions in the Hudson's river, and certain other waters," passed April 2d, 1813, are hereby extended and made applicable to every person owning land adjoining Black creek in the town of New-Scotland, in the county of Albany. § 2. This act shall take effect on its passage. CHAP. 137. AN ACT to authorize James Haggart to establish a ferry across the Niagara river at Black-Rock. [Passed April 17, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. From and after the first day of May, eighteen hundred may keep a and forty-one, James Haggart, his heirs and assigns, shall be and they are hereby authorized to keep and maintain the ferry at Black-Rock, in the county of Erie, during the term of Rates of ferriage. To enter into a recog nizance. ten years. § 2. It shall be lawful for the said James Haggart, his heirs and assigns, to demand and receive the same rates of ferriage last affixed by the court of common pleas of said county of Erie; but the said court of common pleas shall have power to alter, from time to time, the said rates of ferriage, as to them may seem just and proper. § 3. The said James Haggart shall, on or before the said first day of May, eighteen hundred and forty-one, enter into a recognizance before some judge of the court of common pleas of the said county of Erie, who shall have power to take the same, to be filed in the office of the clerk of the said ́court, in the sum of one thousand dollars, that he will at all times keep good and sufficient boats, for the transportation of such passengers, carriages, wagons, and other things as may be offered to be ferried across said ferry, and at all times keep a sufficient number of boatmen, at all seasonable hours, |