it shall not be lawful for the president and directors afore said, to demand or receive any toll of or from any person or persons travelling in sleighs or sleds in or upon said road, and passing or repassing through all or any or either of the said gates or turnpikes between the first day of January and the first day of March in each and every year.

pofts to be.

X. And be it further enacted, That the said corporation Mile-ftones shall cause mile-stones to be erected or placed, one for and guideeach and every mile of the said road on which they shall erected. 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 city of Schenectady, and shall also erect guide-posts at the intersection of all roads leading into and from the said turnpikes, and to which post-boards shall be attached, 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-board points; and the said corporation shall also cause to be affixed to each gate to be affixed or turnpike a printed list of the rates of toll which may be lawfully demanded.

Rates of toli

to each gate.

mile-ftones,

XI. And be it further enacted, That if any person or Penalty for persons shall break or throw down or deface any of the defacing the mile-stones, guide-posts or boards so erected, or shall cut, &c. break down or destroy any of the gates or turnpikes which shall be erected in pursuance of this act, or shall forcibly pass the same without having paid the legal toll at such gate or turnpike, such person or persons shall forfeit and pay a fine not exceeding ten dollars, nor less than one dollar, to be recovered by the treasurer of the corporation, to their use, in an action of trespass; and if any person, shall with his team, carriage or horse, turn out of said road to pass the said gates on ground adjacent thereto, and again enter on the said road with intent to avoid the toll due by virtue of this act, such person shall forfeit and pay treble the legal toll for any such person in passing through said gate, to be recovered by the treasurer of the said corporation for the use thereof, in an action of debt.

toll-gatherers

XII. And be it further enacted, That if any toll-gatherer Penalty on shall unreasonably delay or hinder any traveller or passen for neglect of ger at any of the gates, or shall demand or receive more duty. toll than is by this act established, he shall for every such offence forfeit and pay the sum of two dollars, to be prose cuted 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 unreasonable hindered or attempted to be defrauded.

eftate.

XIII. And be it further enacted, That the shares in the Shares deemsaid turnpike and bridge company shall be taken, deemed ed perfonal and considered to be personal estate, and shall and may be transferable; and the transfers of the said shares shall be

Accounts how

idends how

and when to be declared

and paid.

made and entered on the books of the said president, direc tors and company.

XIV. And be it further enacted, That the president and kept and div. directors of the said corporation shall keep a just and fair account of all monies received by the several collectors of toll on said road, and shall make and declare a dividend of the clear profits and income (all contingent costs and charges being first deducted) among all the stockholders of the said corporation, and shall publish half yearly the dividend to be made of the said clear profits among the stockholders, and of the times and places when and where the same will be paid, and shall cause the same to be paid accordingly.

Directors to account with

ler.

XV. And be it further enacted, That the said president the comptrol and directors shall within six months after said road and bridge shall be completed, lodge in the comptroller's office of this state an account of the expenses thereof; and the corporation shall annually exhibit to the comptroller a true account or dividend of all the income arising from said toll with the annual disbursements on said road and bridge.

Corporation when to be diffolved.

Provifo.

In what cafe

be extended.

XVI. And be it further enacted, That the legislature may dissolve the said corporation whenever the income arising from 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 and bridge, together with an interest thereon of fourteen per centum per annum ; and thereupon the right, interest and property of said road and bridge 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 and bridge within two years after the passing of this act, or shall not in six 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.

XVII. And be it further enacted, That in case the infaid road may habitants residing upon or contiguous to the great road leading from the village of Utica aforesaid to the town of Rome in said county of Oneida, shall become stockholders in said company to a sufficient amount to improve the said road as prescribed by this act, it shall and may be lawful for the said directors, should they deem proper, to extend the road contemplated to be improved by this act, from the said village of Utica to the dwelling house of Daniel C. White in Whitestown, and from thence to the house of Stephen White in Rome, or such part of the said distance as they may deem proper; and in case of such extension as aforesaid, the same line of road shall be improved and completed in the same manner in all respects as the same line of road from Schenectady to Utica is by this act directed to be improved and completed; and the

tolls on the said road so extended shall be at the same rate, in proportion to the distance, and collected in like manner as the tolls are herein before directed to be collected and paid on the said line of road from Schenectady to Utica,

TWENTY-FOURTH SESSION. CHAP. CXCI.

An ACT to amend the Act, entitled "An Act to incorporate the Mohawk Turnpike and Bridge Company."

Passed 8th April, 1801.

HEREAS the president and directors of the Mo- Preamble. hawk turnpike and bridge company have, by their petition represented to the legislature, that annexing the road leading from the dwelling house of William Kline to the court-house in Johnstown, and from thence till it intersect the turnpike at such place as may be found most convenient, would advance the interest of the said company, and promote the convenience of the community, and have prayed the aid of the legislature in the premises : Therefore,

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the president, directors and company to receive subscriptions to the stock of the said company until the whole number of shares shall amount to three thousand, and also to annex to the road directed to be improved by the said recited act, the said road from the house of William Kline to the court-house in Johnstown, thence to or near the house of Henry Cook in Palatine, and from thence till it intersects the said first established road at such place as the president and directors, or a majority of them, shall judge most convenient, and to cause the said road to be made in the same manner, subject to the like penalties, regulations and restrictions, and be entitled to receive the same toll for every ten miles thereof as is provided in and by the afore-recited act.

II. And be it further enacted, That it shall and may be lawful for the said president and directors to cause gates to be erected on the said turnpike road in such places as shall be judged most for the benefit of the said company, although the distance between the said gates shall be greater or less than ten miles ; Provided always, That the rates of toll to be taken at the said gates hereby allowed to be, erected, shall be in proportion to the rates of toll established in and by the said act hereby amended, for any distance greater or less than the said ten miles, provided the whole number of gates on both the said lines of road shall not、 exceed thirteen.

Amount of to the flock of fubfcriptions

faid company.

Gates and how to be erected.

turnpikes

Provifo, proportioning the rates of

toll.

Restriction as

cation of

III. And be it further enacted, That not more than oneto the qualifi-third of the whole number of directors of the company created by the said recited act shall be elected of persons residing out of this state.

rectors.

TWENTY-THIRD SESSION. CHAP. CXXI. An ACT to establish a Turnpike Corporation for improving the Road from Eastchester to Byram.

Passed 7th April, 1800.

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

in named and

fuch others as

BE it

may affociate Pell, John P. Delancey, Cornelius C. Rosevelt, Peter J.

with them

made a body Corporate.

and privileges

Munro and Gabriel Furman, and all such persons as shall associate for the purpose of making a good and sufficient road from Eastchester, beginning at or near the house of Theodosius Fowler, upon the new road lately made from. Morrissania to Eastchester, and ending at the Connecticut line in Byram, in the nearest and most direct route as far as circumstances will admit, shall be and hereby are created and made a corporation and body politic, in fact and in Style of the name, by the name and style of "The president, directors corporation. and company of the Westchester turnpike road," and by Their powers that name 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, 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 corporation are hereby authorized to purchase and hold shall not exceed two thousand dollars; And provided further, That such estate 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 what

Provifo.

Commiffion

ers appointed certain duties

to perform

soever.

II. And be it further enacted, That John P. Delancey, Cornelius C. Rosevelt, Peter J. Munro, Philip Pell and Gabriel Furman 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 five 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 Westchester turnpike road, the sum of fifty dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportion

chofen,

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 five dollars for each share so subscribed; and the said commissioners shall as soon as Thirteen dione hundred shares have been subscribed, cause an adver- rectors to be tisement to be inserted in one of the public newspapers printed in the city of New-York, giving at least ten days notice of the time and place when and where 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 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 make a quotransacting the business of the said corporation, and every act of a majority of the directors so met shall be binding on the said corporation; and the said directors, elected by a plurality 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 who are to time to time at such place as they may find expedient choose a preand direct, and shall have power to make such bye-laws, make byerules, orders and regulations, not inconsistent with the laws of this state or the United States, as shall be necessary for the well ordering the affairs of the corporation; Provided, That no person shall have more than twenty Provifo. votes, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share by him or her held under the said number.

7 of whom to

rum.

fident, and

laws.

III. And be it further enacted, That the said president shares limitand directors may continue to receive subscriptions to the ed to 300, stock of the said corporation until there shall be three hundred 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.

Authorities and privileges of the fai corporation.

IV. And be it further enacted, That the said corporation, by the president and directors, or by any agent, superintendent, artist or other person employed in their service, may by the advice and direction of the superintendents of the highways in the county of Westchester, enter into any land where they shall deem it proper to construct the said road, and by the like advice and direction to lay out and survey such routes or tracts as shall be most practicable for erecting a good and sufficient road between the places aforesaid; Provided nevertheless, That no such Proviso. route or road shall be surveyed or laid out through any