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said directors shall for ever after 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 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 that at every such election for directors as aforesaid, each stockholder shall be entitled to one vote for every share he may hold to the number of ten, and for every five shares over and above said number one vote and

no more.

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capital flock

III. And be it further enacted, That the said president Amount of and directors may continue to receive subscriptions to the stock of said corporation until there shall be three thousand shares subscribed.

IV. And be it further enacted, That the said corporation hereby created shall, except as is herein otherwise provided, have the like powers and privileges as by the 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 road to Hartford, passed March the twentyninth, one thousand seven hundred and ninety-nine, and the act amending the same, passed the twenty-eighth of March, one thousand eight hundred, are conferred on the corporation therein mentioned, and shall be subject to the like restrictions and regulations as the said last mentioned corporation is made subject to; and shall make and improve the line of road directed by this act in like manner as is enjoined on the same corporation by the said recited act; and also shall be entitled to have and receive the like rates of toll as are allowed to the corporation for improving the road from the house of John Weaver in Watervliet, to Cherry-Valley aforesaid.

Powers, privileges and refaid corpora

Atrictions of

tion.

Manner in

which faid road fhall be

made.

Rates of toll.

CHA P. XCIV.

An ACT to establish a Turnpike Corporation for opening and improving a certain Road therein designated, within the Counties of Oneida and Chenango.

1. BE

Passed 31st March, 1801.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That John Lincklean, Jonathan Forman, Peter Smith, Samuel Sidncy Breese, James Livingston junior, Elijah Risley, James Green, Charles Hill, David Cook, Jedediah Jackson, Joseph Black, Jedediah T. Turner, James Moore, Jonathan Dean, Daniel Petrie, Peter Marsh, Oliver Phelps, Arnold Ballow and Samuel Laird, and all such persons as shall associate for the purpose of making a good and sufficient

Perfons herein named and ates made a body corpo rate.

their affoci

Style of the corporation.

Provifo.

Further provifo.

Commiffioners named.

Property and

concerns to

be managed by nine di. rectors.

road from the dwelling house of Jonathan Dean in the town of Augusta, county of Oneida, the nearest and most direct route, as far as circumstances will admit of, through the Oneida and Stockbridge reservations, by the north side of the dwelling house of James Livingston junior, in New-Petersburgh, and within five perches of the same to the dwelling house of John Lincklean, in the village of Cazenovia, county of Chenango, 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 Oneida turnpike road, and that 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 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 whatsoever.

II. And be it further enacted, That Abraham Van Eps, Samuel S. Forman and William Sayles, be and they are hereby appointed commissioners, to do and perform the duties hereinafter mentioned, that is to say: They shall on or before the first Tuesday in April next procure three 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 Oneida turnpike road, the sum of twenty dollars for every share of stock 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; Provided, That no greater proportion of the said sum than one-third part shall be demanded in any one year." 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 two dollars for each share so subscribed, as part of the said subscription, and the said commissioners shall as soon as three hundred shares have been subscribed, cause an advertisement to be inserted in one of the public newspapers printed within the county of Oneida, giving at least sixteen days notice of the time and

place the said subscribers shall meet for the purpose of choosing nine directors, who shall be stockholders, for the purpose of managing the concerns of said company for one year, and the day of choosing the said directors shall for ever after be the anniversary day for choosing directors, and any five of the said directors shall be a quorum, and capable of transacting the business of 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 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; and that at every such election for directors as aforesaid, each stockholder shall be entitled to one vote for every share of stock he may hold to the number of ten, and for every five shares over and above said number one vote, and no

more.

5 of whom to be a quorum, A prefident to

be chofen.

Power of the faid prefident

and directors

directors in

III. And be it further enacted, That the said president Duty of the and directors may continue to receive subscriptions to the prefident and stock of said corporation until there shall be one thousand receiving fub five hundred shares subscribed, and shall have power to fcriptions. appoint such agents, clerks, workmen and others under them as shall be necessary for executing the business of the said corporation.

and directors.

IV. And be it further enacted, That the said corporation, Further pow by the president and directors, or by any agent, superin- ers and privi tendent, artist, or other person employed in their service, faid prefident leges of the 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 the owners of the said land for the purchase of so much thereof as shall be necessary for the purpose of making the said road, and for erecting and establishing gates, toll-houses, and all other works to the said road belonging, and with their carriages, beasts, tools and implements to enter in and upon any land contiguous to the said road, and to carry away any timber, stone, gravel, sand or other earth, being more conveniently situated for making or repairing said road, and to use the same for carrying on said work, the said president and directors paying the owner or owners of the said land so to be laid out as part of the road, such afcertained reasonable compensation for the same, or for materials as aforesaid, or other damages which such owner or owners may sustain in consequence thereof, as may be agreed on; and in case of disagreement between the parties as to the I i i

VOL. II.

Damages how

Dimensions

tion of the

road to be Paid out.

amount of the damages, the same shall be determined by an appraisement to be made on oath of three, or if they disagree, of two disinterested freeholders, to be mutually chosen, or if the owners of said land or materials refuse or neglect to join in the choice, to be appointed by any justice of the peace of the county in which the lands or materials shall be, provided the said justice shall not be interested in the dispute.

V. And be it further enacted, That the said president, and conftruc directors and company shall cause the said road to be laid out four perches wide, and to be cleared of all timber, except trees for ornament, in the centre of which an arch to be formed twenty-six feet wide between the ditches, where ditches shall be necessary, twenty feet of which shall be bedded with sound wood, stone, gravel, or other hard substance, compacted together sufficiently to secure a solid foundation to the same, the said arch to 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 gradually towards the centre, so that the centre, when completed, may be at least eighteen inches higher Bridges to be than the sides, and shall over all streams cause good and sufficient bridges to be built at least eighteen feet wide; and shall, during the continuance of this act, maintain and keep the said road and bridges in good order and repair.

built.

Governor

mit gates and turnpikes to se erected.

VI. And be it further enacted, That as soon as the said when to per president, directors and company shall have completed of the said road ten miles, commencing at the house of Jonathan Dean aforesaid, then it shall be lawful for them to give notice thereof to the governor of this state, for the time being, who shall thereupon nominate and appoint two judicious persons to view the same, and report to him in writing whether the said road is so far executed and completed according to the true intent and meaning of this act, and if the report is in the affirmative, then it shall be lawful for the governor, and it is hereby made his duty, 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; and when the whole road shall be completed, according to the true intent and meaning of this act, and after obtaining licence from the governor in manner aforesaid, it shall be lawful for the said president, directors and company to erect two other gates and turnpikes across the said road at such places as they may deem proper; Provided nevertheless, That there shall not be more than three gates in the whole distance of the said road, nor the gates less than ten miles from each other.

Provifo.

Toll-gather. ers when to

VII. And be it further enacted, That as soon as the be appointed. whole or any part of the said road shall be completed

and permission to erect a gate or gates as aforesaid be granted, then the said president and directors may appoint toll-gatherers to collect and receive of and from all and every person or persons using the said road, the following sums of money at each and every of the said gates, viz. For every score of sheep or hogs, twenty-five cents; for Rates of toft. every score of cattle, horses or mules, thirty-seven and an half 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, six cents; for every sulkey, chair or chaise with one horse, twenty-five cents; for every cart drawn by one horse, seven cents; for every chariot, coach, coachee or phaeton, thirty-seven and an half cents; for every stage-waggon or other four wheeled carriage, drawn by two horses, mules or oxen, fifteen cents, and two cents for every additional horse, mule or ox; for every cart drawn by two oxen, fifteen cents, and for every additional horse, mule or ox, two cents; for every sleigh or sled drawn by one horse or mule, six cents; for every sleigh or sled drawn by two horses, mules or oxen, nine cents, and two cents for every additional horse, mule or ox; 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, chair, phaeton, waggon, sleigh or other carriage of burthen or pleasure, from passing through any of the said gates or turnpikes until they shall have respectively paid the toll as above specified; Provided however, That the president and directors may from time to time make agreements with persons living contiguous to said road for the use of the same by paying the said president, directors and company such compensation by the month as shall be agreed on, but that no such agreement shall be for more than one year from the date thereof, and every such agreement shall be in writing; And provided further, That the Proviso. said president and directors shall not demand toll from any person or persons for passing and re-passing the said gates and turnpikes going to or returning from meeting, mill or their ordinary business.

VIII. And be it further enacted, That the said corporation shall cause mile-stones or posts to be erected or placed one for each and every mile of the said road, and on each stone or post placed as aforesaid, shall be legibly marked the distance the same is from the village of Cazenovia, and shall also erect guide-posts at the intersection of all roads leading into and from the said turnpike, to which post-boards shall be attached, on which shall be inscribed the name of the town in which the same 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 or turnpike a printed or painted list of the rates of toll which may be lawfully demanded..

Toll gatherers may stop perfons not paying toll.

Perfons may

compound for cafes.

toll in certain

Mile-ftones

and guide. pofts to be

erected.

Rates of toll to each gate.

to be affixed

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