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and receive of and from all and every person or persons using the said road, the tolls herein after mentioned, that is to say: At each gate for every waggon with two horses, Rates of tollnot more than twelve and an half cents, and not more than three cents for every additional horse used in any waggon, cart or other carriage; for every one horse cart, six cents; for every coach, four wheeled pleasure carriage or pleasure waggon, with two horses, twenty-five cents, and for every additional horse, three cents; for every chair or pleasure carriage with one horse, twelve and an half cents, and for every additional horse, six cents; for every cart drawn by two oxen, eight cents, and for every addi tional yoke, three cents; for every saddle or led horse, four cents; for every sled travelling the above road from the fifteenth day of December to the fifteenth day of March in each year, one half of the tolls herein before demanded for carriages for the transportation of burthens ; for every score of cattle, six cents; for every score of sheep or hogs, three cents, and so in proportion for any greater or less number of cattle, sheep or hogs; Provided Provifo. always, That those who may use waggons or other carriages, the wheels of which shall exceed the width of nine inches, shall not pay above two thirds of the above mentioned rate of toll; Provided also, That no person passing Further proto or from public worship on Sundays, going to their com- vifo. mon labour on their farms with their cattle or teams, or returning therefrom, carrying fire-wood, going to or returning from mill for the grinding of grain for family use, or going to or returning from funerals, shall pay any toll at any gate situated within the bounds of the town in which they are resident; and it shall be lawful for any of the Tol! gathertoll-gatherers to stop any person or persons driving any perfons not ers may flop carriage or sled, riding or leading horses, driving horses, paying toll. oxen, sheep or hogs, from passing through any of the said gates or turnpikes till they have respectively paid the tolls above mentioned; and if any person or persons shall forcibly pass any gate or gates without having paid the legal toll, he, she or they shall forfeit the sum of ten dollars for each offence, to be recovered in the name of the company, to their use, by action of debt in any court having cognizance of the same, with costs; and if any person with his team, horses or carriages, cattle, sheep or hogs, shall after travelling the said road, turn off to pass the said gates on ground adjacent thereto, and again enter on the said road, with intention of defrauding the said company by avoiding the payment of the toll due by virtue of this act, such person shall forfeit five dollars, to be recovered as aforesaid with costs.

XII. And be it further enacted, That if any toll-gatherer Penalty on shall unreasonably delay or hinder any person from passing toll-gatherers any of the gates, and at any time in the day or night on duct,

for miloon

Stock deemed perfonal property.

Mile-ftones or pofts to be erected.

Lifts of tolls to be affixed

to each gate.

Penalty on

tendering the legal toll, or shall demand more than by this act established, he shall for every such offence, pay a sum not exceeding twenty-five dollars, to be recovered before any justice in the county where such offence shall be committed, for the sole use of the person so hindered, delayed or defrauded, and in his name with costs.

XIII. And be it further enacted, That the stock of the said company shall be taken and deemed personal estate, and shall and may be transferable, agreeable to such byelaws, rules and regulations as may from time to time be made by the directors.

XIV. And be it further enacted, That the said company shall cause mile-stones or posts to be erected and placed one for each and every mile of the said road on which they shall be permitted to place gates, and on each monument there shall be fairly marked the distance from Utica, and under that from Canandarque; and they shall also cause to be affixed to each gate or turnpike in legible characters a list of the rates of toli which may be lawfully demanded, which rates it shall and may be lawful for them to demand and receive according to the distance between that and the next following gate.

XV. And be it further enacted, That if any person or. perfons injur persons shall wilfully break or throw down or deface any ing any milefone, &c. of the mile-stones or posts so to be erected, he or they shall forfeit the sum of twenty-five dollars, to be recovered in the name of the president and directors, and for the use of the company, in an action of debt or otherwise, in any court having cognizance thereof, with costs; and if any person or persons shall wilfully break or throw down any of the gates or turnpikes erected in pursuance of this act, he or they shall forfeit the sum of two hundred dollars, to be recovered as aforesaid.

In what cafes this act to

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Directors to

account with the comptroller.

Corporation when to be diffolved.

XVI. And be it further enacted, That if the said company shall not commence their operations on the said road within two years from the passing of this law, and complete the same within five years thereafter, according to the true intent and meaning of this act, then and in either of such cases this act shall cease.

XVII. And be it further enacted, That the said president and directors shall within six months after the said road is completed, or any part thereof where toll is allowed to be collected, lodge in the comptroller's office of this state, an account of the expense thereof, and the corporation shall annually exhibit to the comptroller a true account of the dividend or income arising from the said toll with the annual disbursements on the said road.

XVIII. And be it further enacted, That the legislature may dissolve the said corporation when the income arising from the said toll shall have fully compensated the said corporation for all monies they may have expended

in purchasing, making, repairing and taking care of the said road, together with an interest of fourteen per centum per annum, and thereupon the right, interest and property' of the said road shall be vested in the people of this state.

TWENTY-FOURTH SESSION. CHAP. XXXVII.
An ACT to amend the Act incorporating the Seneca Road
Company.

Passed 20th March, 1801.

ture that it is impracticable for the directors of the said company to comply with all the requisitions of the act, entitled 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, and from thence to Canandarque, in the county of Ontario, passed the 1st of April, 1800; Therefore,

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said road, instead of being made as directed in and by the eighth section of the above recited act, shall be made in the manner following, to wit: The said road shall be six rods wide, and cleared that width of all timber, except trees of ornament, in the centre of which there shall be formed of the best materials the nature of the ground will admit, a space of twenty-eight feet in width into a gradual arch, the centre of which shall not be less than twenty inches higher than the outer edge or side thereof, and in all places where the nature of the ground shall render it necessary, at least eighteen feet of the said space shall be bedded with stone or wood so as to secure a solid foundation to the same; and at least twenty feet in width of the whole of the said space shall be faced with the best gravel, or other hard substance, which can be procured within half a mile of the place on the said road so to be gravelled, and in such manner as to make and secure, as near as the materials will admit, a firm, even and durable surface; And further, That no ascent shall be left on the said road of more than fourteen inches in every sixteen feet, and that proper water courses shall be made with durable sluices across the same where necessary, so as to carry off all water from the sides of the said road; and the president and directors shall cause good and sufficient bridges, not less than twenty-two feet wide, to be made on the line of the said road except the bridge over the Cayuga-lake.

The 8th fec tion of the act altered.

above recited

Manner in

which faid

road fhall be

made."

incumbrances

II. And be it further enacted, That the president and Directors directors shall be and hereby are empowered to remove or may tracer cause to be removed any fences, buildings or incumbran- within the ces, dwelling houses, barns and stores excepted, which are road. D dd

VOL. II.

limits of faid

Provifo.

Perfons injur ing faid road, with.

or may be erected within the limits of the said road, after having given twenty days notice to any proprietor or occupant of any such land on which such incumbrances are or may be so erected; Provided nevertheless, That where the president and directors shall or may have deviated from the state road so called, damages shall be allowed as in other cases provided in and by the above recited act.

III. And be it further enacted, That no person or per&c. how dealt sons shall draw or transport on the said road, any timber, logs or wood for fuel, or draw thereon ploughs so as to tear or break up the facing of the said road, or otherwise injure the same; nor shall any person or persons be permitted to break down or fill up the water-courses on the sides of the said road so as to obstruct the free passage of the water; and where it may be necessary for the inhabitants living contiguous to the said road to cross the water-courses with their carriages or teams, they shall erect small bridges over the same in such manner as to preserve a free passage for the water, and any person or persons who shall offend in any of the said particulars, and be thereof convicted, shall forfeit and pay for every such offence, the sum of three dollars to the said president and directors, for the use of the said company, to be recovered in any court having cognizance thereof.

Prefident and directors may the prefent

ftate road.

Provifo.

IV. And be it further enacted, That the president and deviate from directors shall, and they are hereby impowered, where they may deem it necessary for the public good, to deviate from the present state road, any thing in the above recited act to the contrary notwithstanding; Provided always, That where such deviation shall be carried over the property or possession of any person through which the present state road now leads, and it shall not be necessary to continue the present road as a public highway, the value of the land included therein shall be ascertained by the same persons authorized to assess the damages occasioned by such deviation, and be set off against the said last mentioned damages; And provided also, That the said president and directors shall continue said road as near to the present state road as the nature of the country will admit of.

Further pro. vifo.

Gates may be erected at a Jefs diftance

V. And be it further enacted, That gates may be erected on the said road at a less distance than ten miles of each than 10 miles other; Provided, That the toll be proportioned according to the ratio for the same distance allowed to be collected in and by the above recited act, any thing contained therein to the contrary notwithstanding.

350 fhares ad. ded to the

VI. And be it further enacted, That three hundred and capital flock. fifty shares, at the rate of fifty dollars each, shall be added to the capital stock of the said company.

4 additional directors to be chofen,

VII. And be it further enacted, That it shall be lawful for the stockholders of the said corporation to choose, in the

manner directed by law, four additional directors, who shall be stockholders; and it shall be lawful for the stockholders to vote at said election, in person or by proxy.

TWENTY-THIRD SESSION. CHAP. LXXIX.
An ACT to establish a Turnpike Corporation for improving
and making a Road from the Town of Salisbury, in the
State of Connecticut, to Wattles's Ferry, on the Susquehan-

nah-River.

Passed 1st April, 1800.

1. E it enacted by the People of the State of New-York, Perfons here

in named, and

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corporation.

ingston, Stephen Day, Henry Livingston, Caleb Benton, may affociate George Hale, Samuel Haight, Garret Abeel, Martin G. made a body Schuneman, Benjamin Van Orden, Sluman Wattles, Solo- corporate. mon Martin, John Cortright, and all such other persons as shall associate for the purpose of making a good and sufficient road from the line of the town of Salisbury, in the state of Connecticut, in the nearest and most direct route, as far as circumstances will admit by Ancram furnace in the town of Livingston, to the ferry near the storehouse of John Livingston în said town, and from the landing at Catskill to the ferry commonly called Wattles's ferry on the Susquehannah-river, shall be and hereby are created and made a corporation and body politic, in fact and in name by the name of The president, directors and Style of the company of the Susquehannah turnpike road, and by that name they shall be capable in law to purchase, have, hold, enjoy and retain to them and their respective successors, lands, tenements and hereditaments, goods, chattels and effects of every kind whatsoever, 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 unto, defend and be defended in courts of record or any other place whatsoever; Provided however, That And reftric the amount of the said real estate, which the said corpora-. tion are hereby authorized to purchase and hold, shall not exceed twelve thousand dollars; And provided further, That such estate as well real as personal, so to be purchased and held shall be necessary to fulfil the end and intent of the corporation hereby created and made, and to no other use, intent or purpose whatsoever.

Their privi

leges,

tions.

II. And be it further enacted, That Henry Livingston, Commission. Stephen Day, George Hale, Caleb Benton, Garret Abeel, ers appointed to perform Sluman Wattles, Samuel Haight, Martin G. Schuneman, certain duties John Cortright and Solomon Martin, be, and they are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned, that is to say: They shall on or before the first day of June next procure ten

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