from said toll shall have fully compensated the said corpo ration, for all monies they may have expended in purchasing, making, repairing and taking care of said road, together with an interest of fourteen per centum per annum, and thereupon the right, interest and property of said road shall be vested in the people of this state, and be and remain at their disposal.

TWENTY-THIRD SESSION. CHAP. LXXVIII. An ACT to establish a Turnpike Road Company for improving the State Road from the House of John House, in the Village of Utica, in the County of Oneida, to the Village of Cayuga, in the County of Cayuga, and from thence to Canandarque, in the County of Ontario.

Passed 1st April, 1800..

Perfons here. I. Brepresented in Senate and Assembly, That Benjamin

E it by the People of the State of New-York,

in named made a body corporate.

Walker, Charles Williamson, Jedediah Sanger and Israel Chapin, and all such persons as shall associate for the purpose of making a good and sufficient road in the form and manner herein after described, from the house of John House, in the village of Utica, to the village of Cayuga, and from thence to the court-house in Canandarque, in the county of Ontario, observing as nearly the line of the present state road as the nature of the ground will allow, shall be and are hereby made a corporation and body politic, Style of the in fact and in name, by the name of "The president and corporation. directors of the Seneca road company ;" and by that Their powers name shall be capable in law to purchase, have, hold, enjoy and retain to them and their respective successors, lands, tenements and hereditaments, as also goods, chattels and effects of every kind whatsoever, not exceeding in value twelve thousand dollars; and the same or any part thereof, to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts whatsoever; Provided, That the same are and shall be necessary for carrying this act into effect.

Provifo.

Commiffioners named.

Property and

concerns to

be managed by nine di. rectors.

II. And be it further enacted, That Benjamin Walker, Charles Williamson, Jedediah Sanger and Israel Chapin be, and are hereby appointed commissioners to do and perform the several duties herein after mentioned.

III. And be it further enacted, That the property and concerns of the said corporation shall be managed by nine directors, who shall hold their offices from the first Tuesday in May next to the first Tuesday in May thereafter, which shall be the day of their election in every year, and shall be elected by such of the stockholders as shall attend for that purpose, either personally or by proxy, on the

elected.

first Tuesday in May in the year one thousand eight hundred and two, and in every year thereafter, at such time of the day and such place, at no more than two miles distant from said road, as the directors for the time being shall appoint; of which time and place public notice shall when and be given by the said directors at least thirty days previous how to be to the day of the election, by advertisements to be pub lished weekly for four weeks successively in at least three of the public newspapers, one printed in New-York, one in Albany and one in the western district of this state; and all elections for directors shall be by ballot, and the Vacancies nine persons having the votes of the greatest number of shares shall be the directors; and the directors so chosen, shall at their first meeting, proceed to elect by ballot one of their number to be their president; and if any of the directors so to be elected shall remove out of this state, the office of such director or directors shall be considered as vacant; and all vacancies which may happen by death, resignation or removal, shall be filled for the remainder of the year in which they may happen, by such person or persons as the remainder of the directors for the time being, or the major part of them, shall appoint.

how to be

filled.

Amount of

and fhares.

how to be

taken.

IV. And be it further enacted, That the capital stock of said company shall consist of two thousand two hundred capital ftock shares, and that a share in said stock shall be fifty dollars; that subscriptions to the said stock shall be opened and Subfcriptions kept open under the direction of the said commissioners and of the directors when so chosen as herein after mentioned, at such times and places as they may deem best; and that as soon as five hundred shares shall have been 5 directors subscribed, the said commissioners shall by public notice when to b require the stockholders to meet at a time and place there. in to be specified, to elect five directors, who shall be stock. holders, and who, together with the said commissioners, shall be the directors, and shall manage the concerns of the company thenceforth until the first Tuesday in May in the year one thousand eight hundred and two.

V. And be it further enacted, That the corporation by the president and directors, or by any agents, superinten dents, artists or other persons employed by them, may enter into any land, where they may deem it necessary to deviate from the Genesee road, to make and complete 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 parties respecting damages to be done to said lands, or if the owner or owners thereof shall be feme covert,

elected.

Further pow

ers of faid

corporation.

affeffed.

Damages how insane, under age or out of the county, then it shall be the duty of the president and directors, within six weeks, to apply to one of the judges or assistant justices of the court of common pleas in and for the county in which such damage shall have been done, not interested in said road, who is hereby required and authorized to nominate and by an instrument in writing, signed by him, to appoint three commissioners, not interested in the premises, being freeholders of the county; and it shall be the duty of said president and directors to cause a copy of such appointment to be served on each of the said commissioners, who shall thereupon name a day for meeting on said lands and performing the duties imposed on them by this act; and also to give notice to the owner or owners of said appointment and day, being at least ten days from the time of giving such notice, when and where the commissioners shall meet, for the purposes of examining the land and assessing the damages, except in case the owner or own. ers shall labour under any of the disabilities aforesaid, or be out of the county, in either of which cases a copy of such notice 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 the said commissioners, before he shall act, shall 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 or occupants of any lands or improvements which the said corporation may deem necessary for said road or toll-houses; and the commissioners shall then proceed to view the premises, and having determined the damages, shall make an inquisition under their hands and seals, or the hands and seals of any two of them, stating the amount of damages, if any, which any owner or owners or occupants of any parcel of land used or to be used for said road hath or have sustained or shall sustain ; which inquisition shall be acknowledged by the commissioners signing the same, before one of the judges of the courts aforesaid, and filed together with the oath aforesaid, in the office of the clerk of the county where such damage may be done or such inquisition taken, 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 corpora tion 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 didirectors aforesaid shall pay to the judge who makes the appointment of said commissioners, for his services, two dollars, and to the said commissioners for every day neces

sarily attending the duties required of them, two dollars and fifty cents; and it shall be lawful for every owner and occupant, if the said corporation shall refuse or neglect to pay the sum awarded by such inquisition on demand, to sue for and recover the same with interest.

may make

VI. And be it further enacted, That the directors for Directors the time being, or a major part of them, shall have pow- bye-laws. er to make and prescribe such bye-laws, rules and regulations, as to them or a major part of them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation; and touching the duties and conduct of the officers, clerks and servants employed therein; and touching the election of directors and all such other matters as appertain to the powers hereby granted to them; and shall also have power to appoint so many officers, clerks and servants, for carrying on the said business, and with such salaries and allowances as they or the major part of them shall deem meet; Provided, That such bye-laws, rules and regulations, be not repugnant to the constitution and laws of the United States or of this state.

may demand

fums of mo

ed

ney

fubfcrib

VII. And be it further enacted, That it shall be lawful Directors for the said directors, or the major part of them, to call and demand from the stockholders respectively, all such sums of money by them subscribed or to be subscribed pursuant to any bye-laws, rules or regulations of the said corporation, at such time and in such proportions as they shall see fit, under pain or forfeiture of their shares, and of all previous payments thereon to the said president, directors and company.

Dimensions

and plan of faid road.

VIII. And be it further enacted, That the said road shall be six rods in width, and that the said president and directors shall cause the same to be cleared of all timber excepting trees of ornament, and to be improved in manner following, to wit: In the middle of the said road there shall be formed a space not less than twenty-four feet in breadth, the centre of which shall be raised fifteen inches above the sides, rising towards the middle by gradual arch, twenty feet of which shall be covered with gravel or broken stone fifteen inches deep in the centre and nine inches deep on the sides, so as to form a firm and even surface; the said president and directors shall cause good Sufficient and sufficient bridges, not less than twenty-two feet wide, erected. bridges to be to be erected on the said line of road, or any portion thereof where toll may be demanded, excepting the bridge now building over the Cayuga-lake; which road and bridges shall be kept in good and sufficient repair; and Duty of the in case they shall not cause the said road and bridges to be affiftant attor kept in good and sufficient repair, it shall be the duty of the assistant attorney-general of the district in which such road or bridges so neglected lie, upon information there

ney general.

Provito.

Governor

of being given to him on oath, to cause an indictment to be preferred to the grand jury of the county in which such neglect shall happen, against the president, directors and company aforesaid, and to cause the same to be prosecuted to effect in like manner as bills of indictment in cases of such nature shall be prosecuted, and in any court having cognizance of the same in the said county where the neglect shall happen, (excepting the bridge aforesaid) and upon conviction the court shall proceed to pass such judgment, not exceeding a fine of twenty-five dollars for every such neglect, as to them shall seem just and proper; Provided always, That in case any bridge shall be carried away, or the road or bridges otherwise injured by floods or by unavoidable accidents, or by design, that then the said president and directors shall cause the same forthwith to be repaired, and shall be allowed therefor a reasonable time, excepting the bridge aforesaid.†

IX. And be it further enacted, That as soon as any part when to per- of said road, not less than ten miles in any place theremit gates to be erected. of, is made passable and convenient as aforesaid, notice thereof may be given to the person administering the government of this state, who shall thereupon forthwith nominate two or more persons to view the same, whose duty it shall be, at the expense of the said corporation, to report to him in writing whether that part of the road requested to be viewed is made and finished 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 person administering the government of this state, to permit the president, directors and company to erect and fix as many gates and turnpikes upon and across said road, for the collection and receiving such tolls at the rate herein after granted to the said corporation from all persons travelling the same, with beasts of draught or burthen, or with carriages or other ways, as they shall think proper; Provided always, That such gates shall not be erected at a less distance than ten miles from each other.

Provifo.

Certain pow. ers to the di

a reftriction.

X. And be it further enacted, That it shall and may be rectors with lawful for the directors of the said corporation to agree with any person or persons who may be willing to undertake to complete any part of the said road or bridges, and to take payment therefor in turnpike stock; but no contract of this nature shall exceed twenty shares of stock for each mile so contracted for, or ten shares for any one bridge.

Toll-garher

XI. And be it further enacted, That as soon as the said ers when to road is perfected, or ten miles thereof in any one place, be appointed. according to the true intent and meaning of this act, that it shall and may be lawful for the president and directors to appoint a sufficient number of toll-gatherers to collect + Part of this fection altered, fee next act. E