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Read how to be laid out and made.

Turnpike gates how to be erected,

Provifo.

Perfons evad. ing the toll how to be dealt with.

making amends for any damages that may be sustained by the owners or occupants of such ground or improvements by appraisement in manner herein after directed, and upon a reasonable agreement of the owners or occupants 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 or occupants 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 take any timber, stone, gravel, sand or earth, being most conveniently situated for making or repairing the said road and turnpikes, and to use the same in carrying on the said work.

VI. And be it further enacted, That the said president, directors and company, shall cause a road to be laid out at least fifty feet wide, twenty feet of which shall be bedded with wood, stone, gravel or any other hard substance well compacted together, a sufficient depth to secure a good and solid foundation to the same, and the said road shall be faced with gravel or stone pounded, or other small hard substance, in such manner as to secure a firm, and as near as the materials will admit, an even surface, rising towards the middle by a gradual arch, and they shall during the continuance of this act maintain and keep the same in good and perfect order.

VII. And be it further enacted, That as soon as the said president, directors and company shall have perfected the said road for any distance from either end of said road, not less than ten miles, and so from time to time any other like distance progressively, they shall give notice thereof to the governor of this state, who shall thereupon forthwith nominate and appoint three skilful and judicious persons to view the same, and report to him in writing whether the said road is so far executed in a masterly and workmanlike manner according to the true intent and meaning of this act; and if their report be in the affirmative, then it shall be lawful for the governor, by licence under his hand and the privy seal of this state, to permit and suffer the said president, directors and company to erect and fix such and so many gates and turnpikes upon and across the said road as will be necessary and sufficient to collect the tolls and duties herein after granted to the said corporation, from all persons travelling the same; Provided always, That such gates or turnpikes shall be erected at a distance not less than ten miles from each other.

X. And be it further enacted, That if any person who shall use the said road, shall with a view to evade the payment of the tolls, required by this act, leave the said road and go round the said gates, every such person shall for each such offence, forfeit and pay to and for the use of the

president, directors and company aforesaid, the sum of ten dollars, to be sued for in their names before any justice of the peace by action of debt, to be recovered with costs of suit.

ers for mif

XI. And be it further enacted, That if any of the toll- Toll-gathergatherers shall unreasonably delay or hinder any passen- conduct how ger or traveller at any of the gates, or shall demand or dealt with require more toll than is by this act established, he shall for each and every offence, forfeit and pay the sum of two dollars, to be recovered in manner and form aforesaid, with costs of suit, in the name and for the benefit of the party delayed, hindered or defrauded, besides all special damage accruing to the person so stopped or delayed.

and mile

XII. And be it further enacted, That the said corpora- Guide-pofts tion shall cause posts to be erected at the intersection of tones to be every public road or highway falling into and leading out erected. of the said turnpike road, with boards and an index hand pointing to the direction of such road, on both sides whereof shall be inscribed in legible characters the name of the principal place to which such road leads, and the distance thereof in computed miles; and the said corporation shall also cause mile-stones to be placed on one side of the said road in its whole extent, whereon shall be marked in legible characters the respective number of miles from the place of commencing the said road, and also shall cause to be affixed up in a conspicuous place at each gate or turnpike a printed list of the rates of toll.

XIII. And be it further enacted, That the said corporation shall cause to be kept a fair and just account of all monies received for toll on the said road, and shall make and declare a dividend of the clear profits and income (all contingent charges being first deducted) amongst all the stockholders of the stock of the said corporation, and shall on the second Tuesday in January and July in every year, publish the half yearly dividend to be made of the said clear profits, and the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.

Accounts how kept and div and when to and paid.

idends how

be declared

XIV. And be it further enacted, That the said corpora- Corporation tion shall within six months after the said road is com- to account with the pleted, lodge in the office of the comptroller an exact ac- comptroller. count of the expenses thereof; and the said corporation shall annually exhibit to the comptroller a true account of the dividends made and arising from the said toll, with the annual disbursements on said road.

comptroller.

XV. And be it further enacted, That the comptroller Certain dushall, and he is hereby required to report to the legisla- ties of the ture, whenever it shall appear from the accounts so to be exhibited to him, that the income arising from the said toll shall have fully compensated the said corporation for all monies they may have expended in purchases, making,"

.

repairing, taking care of the said road, and for all other expenditures thereon, together with an interest of fourteen per cent by the year, and thereupon the said corporation shall be dissolved, and the interest and property of the said road shall be vested in the people of this state; Provided, That if the said corporation shall not proceed to commence work on the said road within two years after passing this act, or shall not in five years thereafter complete the said road according to the intent and meaning of this act, then and in either of these cases, this act shall cease, be void and of no effect.

[Part of the 21 and 7th fections and the whole of 4th, 8th and 9th sections repealed or altered, fee next act. E.]

Preamble.

Route of faid road.

Powers and privileges of the corporation.

TWENTY-THIRD SESSION. CHAP. LXIX.
An ACT to amend an Act, entitled "An Act to establish a
Turnpike Corporation for improving the Road from the
City of Hudson to the Line of Massachusetts, on the Route
to Hartford."

WE

Passed 28th March, 1800.

HEREAS the president and directors of the Columbia turnpike company, have by their petition represented to the legislature that several defects exist in the act incorporating said company, and have prayed a modification thereof: Therefore,

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the road mentioned and described in the said act shall commence near the dwelling house of Ezekiel Gilbert, esquire, in the city of Hudson, at a point to be determined by the president and directors aforesaid, and shall run thence to the Massachusetts line by such route as they shall direct, by the houses of Jacob Rutsen Van Rensselaer, Stephen Miller, Peter Mesick and James Bedell, in the town of Claverack, John Hagerman, and the heirs of Ambrose Latting deceased, in the town of Hillsdale.

II. And be it further enacted, That the said corporation, by the president and directors, or by any agents, superintendents, artists or other persons employed by them may enter into any land where they may deem it proper to construct said road, and to lay out, survey and labour on such routes or tracts as shall be most eligible for a good and sufficient road between the places aforesaid, and contract with the owner or owners for the purchase of so much thereof as may be necessary for making said road, and erecting and establishing gates, toll-houses and all other works to the said road belonging; and in case of disagreement between the said parties respecting the damages to be done to said land, or if the owner or owners shall be

oath.

feme coverts, insane, under age or out of the county, then it shall and may be lawful for the said president and directors to apply to one of the judges or assistant justices of the court of common pleas in and for said county of Colum bia, not interested in said road, who is hereby authorized and required to nominate, and by an instrument in writing signed by him, to appoint three commissioners, being freeholders of the county, and who shall not be inhabitants of any of the towns through which said road shall pass; and it shall be the duty of the said president and directors to cause a copy of such appointment to be served on each of said commissioners, who shall thereupon name a day for meeting on the said lands, and performing the duties required of them by this act, and also to give notice to the owner or owners of such lands of the said appointment and the day, being at least four days from the time of giv ing such notice, when and were the commissioners will meet for the purpose of examining the lands and assessing the damages (except in case the owner or owners shall la bour under any of the disabilities aforesaid, or be out of the county, in either of which cases a copy of such no tice may be left at the dwelling house of the party, if any, or other notorious place on the land through which said road shall pass ;) And further, each of said commissioners Commiffion. shall before he proceeds to exercise the trust reposed in ers to take an him by this act, take and subscribe an oath before one of the justices of the peace in and for said county, that he will without favour or partiality, estimate and assess the damages which may be sustained by the owner or owners of any lands or improvements which the said corporation may deem necessary for the said road; and the commis sioners shall then proceed to view the premises, and having determined the damages shall make an inquisition uns der their hands and seals, or the hands and seals of any two of them, stating the amount of damages, if any, which each or any of the owner or owners of any parcel of land used or to be used for said road have sustained or shall sustain, which inquisition shall be acknowledged by the commissioners signing the same before one of the judges aforesaid, and filed, together with the oath aforesaid, in the office of the clerk of the county of Columbia, who shall at the expense, costs and charges of the president. and directors aforesaid, enter the same. of record in the book kept by him for recording deeds, and the said cor poration, paying to the several owners of said lands, the several sums awarded in the inquisition, shall have and hold to them, their successors and assigns for ever, the lands and tenements described therein; and the president and directors aforesaid shall pay to the judge who made the appointment of said commissioners, two dollars for his ser vices, and to each of the said commissioners for every day A a a

VOL. II.

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Certain gates to be eftablished.

necessarily attending the duties required of them by this act, two dollars and fifty cents.

III. And be it further enacted, That the most westerly turnpike or gate on said road shall be erected near the dwelling house of John Van Hoesen, in the city of Hudson; one other gate near the dwelling house of James Bedell, in the town of Claverack, and the most eastwardly gate at such place near the Massachusetts line aforesaid as the president and directors aforesaid shall direct, and that the following rates of toll, and no more, shall be taken at Rates of toll the several gates or turnpikes, viz. For a score of cattle, and in that proportion for a greater or less number, passing through said west gate nine cents, the middle and eastern gates eighteen cents each; for a score of hogs or sheep, and in that proportion for a greater or less number at the said west gate four cents, the middle and east gates five cents each; for a horse and rider, a led or driven horse or mule at said west gate two cents, the middle and east gates four cents each; for a sulkey, chair or chaise and one horse, and for each additional horse two cents, at said west gate five cents, the middle and east gates ten cents each; for a coach, coachee, chariot, phaeton or other four wheel pleasure carriage, at said west gate ten cents, the middle and east gates eighteen cents each; for every stage-coach or waggon at said west gate eight cents, the middle and eastern gates sixteen cents each ; for every waggon or cart drawn by two horses or two oxen, and one cent for every additional horse or ox, at said west gate five cents, the middle and eastern gates ten cents each; for every sleigh or sled drawn by two horses or oxen, and one cent for every additional horse or ox, at said west gate two cents, the middle and eastern gates four cents each; for every other carriage at said west gate two cents, the middle and east gates four cents each.

What carriages to pafs free.

Regulation of travellers paffing each other.

Apportion

ment of votes.

A certain

IV. And be it further enacted, That all carriages, the rim of whose wheels shall be twelve inches in width, shall and may pass on said road and through all or any of the gates or turnpikes free of toll.

V. And be it further enacted, That whenever any persons travelling in carriages or sleighs of any kind meet on said road, the person whose duty it shall be by law to turn out of the road, shall pass to the right of the centre of the road, and in default thereof shall be subject to the penalty established by law for refusing to turn out of the road.

VI. And be it further enacted, That each stockholder shall be entitled to one vote for each share of stock held by him not exceeding fifteen shares, and to one vote for three shares beyond that number.

VII. And be it further enacted, That a road commencroad declared ing on the west bank of Hudson's river, opposite to the road establish city of Hudson, and running thence westerly by the nearest

a part of the

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