Thirteen di⚫ chofen, books, and in each of them enter as follows: "We whose names are hereunto subscribed, do for ourselves and our legal representatives, promise to pay the president, directors and company of the Susquehannah turnpike road, the sum of twenty dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportion, and at such time and place as shall be determined by the said president, directors and company;" one of which books shall be left with each of the said commissioners at their respective places of abode, who shall keep the same open for the purpose of receiving subscriptions; and every subscriber shall, at the time of subscribing, pay unto either of the said commissioners the sum of three dollars for each share so subscribed; and rectors to be the commissioners shall as soon as one thousand five hundred shares have been subscribed, cause an advertisement to be inserted in one of the public newspapers printed in the city of Albany, giving at least fifteen days notice of the time and place the said subscribers shall meet for the purpose of choosing thirteen directors, who shall be stockholders, for the purpose of managing the concerns of the said company for one year; and the day of choosing the said directors shall for ever thereafter be the anniversary day for choosing directors; and any seven of the said directors shall be a quorum and capable of transacting the business of the said corporation, and every act of a majority of said directors so met shall be binding on the said corporation; and the said directors, elected by a plurality of the votes of the stockholders present, shall immediately proceed to the choice of one of their number for president; and the said president and directors may meet from time to time at such time and place as they may find expedient and direct, and shall have power to make such bye-laws, rules, orders and regulations, not inconsistent with the constitution or laws of this state or of the United States, as shall be necessary for the well ordering the affairs of the said corporation. Who are to choose a prefident, And make bye-laws. Power of the and directors III. And be it further enacted, That the said president faid prefident and directors may continue to receive subscriptions to the in receiving stock of the said corporation until there shall be seven fubfcriptions, thousand shares subscribed, and shall have power to appoint such agents, clerks, workmen and others under them as shall be necessary for executing the business of the said corporation. &c. Powers and the corpora tion. IV. And be it further enacted, That the said corporation, privileges of by the president and directors, or by any agent, superintendent, artist, or other person employed in their service, may enter into any land where they shall deem it proper to construct the said road, and to lay out and survey such routes or tracks as shall be most practicable for effecting a good and sufficient road between the places aforesaid; and the said president and directors may contract with Damages how the owners of the said land for the purchase of so much afcertained and paid. thereof as shall be necessary for the purpose of making the said road, and for erecting and establishing gates, tollhouses, and all other works to the said road belonging, the said president and directors paying the owner or owners, or occupant of the land so to be laid out as part of the road, such reasonable sum for damages as may be agreed on; and in case of disagreement between the parties as to the said damages, the same shall be determined by an appraisement to be made on oath of three, or if they disagree, of two indifferent freeholders, to be mutually chosen, or (if the owners or occupants of the said land refuse or neglect to join in the choice) to be appointed by any judge of the court of common pleas of the county in which the lands or property shall be; Provided, The said judge Provifo. shall not be interested in the said dispute. conftruction laid out. V. And be it further enacted, That the said president, Dimenfions, directors and company shall cause a road to be laid out at and route of least four and not exceeding six rods wide, twenty feet of the road to be which shall be bedded with wood, stone, gravel or any other hard substance, compacted together a sufficient depth to secure a solid foundation to the same, and the said road shall be faced with gravel or other hard substance, in such manner as to secure, 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 order from the town of Salisbury to the ferry near the store of John Livingston in the town of Livingston, and from the landing at Catskill to the ferry known as aforesaid. be erected. VI. And be it further enacted, That as soon as the said Governor president, directors and company shall have completed the when to per mit gates and said road, or four miles and an half thereof on either or turnpikes to both sides of said river, then it shall be lawful for the president, directors and company to give notice to the governor of this state, who shall thereupon forthwith nominate and appoint three commissioners, who shall at the expense of the said corporation, view the same, and report to him in writing whether the said road is so far executed in a workmanlike manner, according to the true intent and meaning of this act; and if the said commissioners, or any two of them, report in the affirmative, then it shall be the duty of the governor, by licence under his hand and the privy seal of this state, to permit the said president, directors and company to erect one gate and turnpike across said road, on such side or sides of said river as the road thereon shall be so far completed, and in like manner for every ten miles which shall be completed thereafter and ascertained as aforesaid; and as soon as the whole Toll-gatheror any part of the said road shall be completed, and per- be appointed. ers when to mission to erect a gate or gates as aforesaid be granted, the president and directors may appoint toll-gatherers to collect and receive of and from all and every person or persons using the said road at either of said gates, not less than three miles and an half nor more than four miles from the said river, one half the toll hereinafter mentioned, and at each of the other gates or turnpikes the Rates of toll. following toll or sums of money: For every score of sheep or hogs, eight cents; for every score of cattle, horses or mules, twenty cents, and so in proportion for any greater or less number of sheep, hogs, cattle, horses or mules; for every horse and rider, or led horse, five cents; for every sulkey, chair or chaise with one horse, twelve and an half cents; for every cart drawn by one horse, six cents; for every chariot, coach, coachee or phaeton, twenty-five cents; for every stage-waggon or other four wheel carriage drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox; for every cart drawn by two oxen, twelve and an half cents, and for every additional horse or ox, three cents; for every sleigh or sled, six cents, if drawn by two horses or oxen, and in like proportion if drawn by a greater or lesser number of horses or oxen; and it shall be lawful for any of the toll-gatherers to stop any person riding, leading or driving any horse, cattle, sheep or hogs, sulkey, phaeton, chair, chaise, cart, waggon, sleigh, or other carriage of burthen or pleasure, from passing through the gates or turnpikes, until they shall respectively have paid the toll as above specified; Provided, That nothing in this act shall be construed so as to entitle the said corporation to demand or receive toll of or from any person passing to or from public worship, or to or from his common business on his farm, or to or from any mill to which he may resort for the grinding of grain for his family use, or persons going to or returning from a funeral. Provifo. Mile-ftones and guidepolts to be erested. Rates of toll to be affixed so each gate. Penalty for defacing the VII. And be it further enacted, That the said corporation shall cause mile-stones to be erected or placed, one for each and every mile of the said road on which they shall be permitted to place gates or turnpikes, and on each stone placed as aforesaid, shall be fairly and legibly marked the distance the said stone is from the North-river; and shall also erect guide-posts at the intersection of all public highways leading into and from the said turnpike, on which shall be inscribed the name of the town in which the post stands, and the name of the town or towns to which the road leads in the direction to which the hand points; and the said corporation shall also cause to be affixed to each gate or turnpike a printed list of the rates of toll which may be lawfully demanded. VIII. And be it further enacted, That if any person or mile-ftones, persons shall break or throw down or deface any of the mile-stones or guide-posts so erected for the information IX. And be it further enacted, That if any toll-gatherer Penalty on shall unreasonably delay or hinder any traveller or passen- for neglect of toll-gatherers ger at any of the gates, or shall receive more toll than is duty. by this act established, he shall for every such offence, forfeit and pay the sum of twenty-five dollars, to be prosecuted for and recovered before any justice of the peace in the county where such offence shall be committed, for the sole use of the person so unreasonably hindered or defrauded. X. And be it further enacted, That the shares in the said turnpike road shall be taken, deemed and considered to be personal estate, and be transferable in such manner as the president and directors shall direct. XI. And be it further enacted, That the president and directors of the said corporation shall keep a just and fair account of all monies received by the several collectors of toll on the said road, and shall make and declare a dividend of the clear profits and income (all contingent costs and charges being first deducted) amongst all the stockholders of the said corporation, and shall on the second Tuesday of January and July in every year, publish the half yearly dividend to be made of the said clear profits among the stockholders, and the times and places when and where the same will be paid, and shall cause the same to be paid accordingly. shares deem ed perfonal property. Accounts how kept and div and when to idends how be declared and paid. account with XII. And be it further enacted, That the said president Directors to and directors shall within six months after said road is the comptrolcompleted, lodge in the comptroller's office of this state ler. an account of the expense thereof, and the corporation shall annually exhibit to the comptroller a true account of all the income arising from said toll with the annual disbursements on said road. XIII. And be it further enacted, That the legislature may Corporation dissolve the said corporation when the income arising from diffolved. when to be Provifo. Directors payment on under pain of forfeiture. said toll shall have fully compensated the said corporation for all monies they may have expended in purchasing, making, repairing and taking care of said road, together with an interest thereon 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; Provided, That if the said corporation shall not commence their operations on the said road within two years after passing of this act, or shall not within ten years afterwards complete the said road according to the true intent and meaning of this act, then and in either of these cases this act shall cease, be void and of no effect. XIV. And be it further enacted, That it shall be lawful may demand for the said directors to call for and demand of and from fubfcriptions the stockholders respectively, all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as they shall see fit under pain of forfeiture of their shares and of all previous payments made thereon to the said president, directors and company. CHAP. CII. An ACT to establish a Turnpike Corporation in the County of Orange. Passed 4th April, 1800. Perfons here. I. represented in Senate and Assembly, That William E it enacted by the People of the State of New-York, in named and their affociates made a body corpo rate. Wickham, John Steward, James Everitt, James Carpenter, Thomas Waters, James W. Wilkin, David M. Westcott, Anthony Dobbin, Jonathan Sweezy, John Wood, Solomon Smith and John Gale junior, and all such persons as shall associate for the purpose of making a good and sufficient road from the house of Moses Cunningham in the town of Cheescocks, in the said county of Orange, to the intersection of the road leading from Sterling iron works, near the house of Stephen Sloots, running in the present road as far as circumstances will admit, 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 company of the Orange turnpike road," and Their corpo- by that name they shall be capable in law to purchase, have, hold, enjoy and retain to them and their respective successors, lands, tenements, 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 the amount of the real estate which the said corpo Style of the corporation. rate rights. Provifo. |