Stock. Route of road Dimensions thereof. Materiais. Commissioners. Subscriptions to stock. Rates of toll. the Revised Statutes, except so far as the same shall be altered by this act. S3. The capital of the said corporation shall be ten thousand dollars, with liberty to increase the same to fifteen thousand dollars, and shall be divided into shares of twenty dollars each; and John Reeve and Hezekiah Hull of Berlin, and Joel Mallary of the city of Troy, shall be commissioners to open books and receive subscriptions for said stock. $ 4. The said corporation may construct a turnpike road from the north village in the town of Berlin, from near the house of James Main, on the most eligible route to Postenkill village, in the town of Sandlake, at or near the old Delamater tavern stand. $5. The said corporation shall not be required to have the said road laid out of a greater width than fifty feet, nor to make the bed or arch of said road more than eighteen feet in width; and when the steepness of side-hills, rocks or obstacles render it impracticable or unnecessary, in the opinion of the commissioners who lay out said road, to complete it of that width, it shall be lawful for said company to make and complete it of such less width, and without a ditch on the lower side, as the said last mentioned commissioners may direct; but in no place, however, shall the bed of the road be made of less width than fifteen feet. $6. The said road may be constructed of such materials as the natural surface of the ground may afford, at such places as the commissioners last aforesaid shall deem impracticable or unnecessary to make it of such materials as are prescribed by law. $7, Burton Hammond, Edward Whitford and Winter Green, be, and they are hereby appointed the commissioners, who, or any two of them, are to lay out said road. S8, The said commissioners for receiving subscriptions for stock, or the corporation, may receive subscriptions for shares of stock to be paid in labor, from any person who may for that purpose become a contractor for making any section thereof, S9. The said corporation may erect one or more tollgates on said road, and at such place or places as they shall deem most expedient, and demand and receive the following rates of toll for every ten miles, and in the same proportion for any greater or less number of miles, to wit: For every score of horses, cattle or mules, twenty cents; for every score of hogs or sheep, eight cents, and in the like proportion for any greater or less number; for every chair, sulkey or chaise drawn by one horse, twelve and a half cents, and for every additional horse, three cents; for every stage, wagon, or other four wheeled carriage, drawn by two horses, mules or oxen, twelve and a half cents, and for every additional horse, mule or ox, three cents; for every cart drawn by two oxen, twelve and a half cents, for every additional yoke of oxen or pair of horses or mules, six cents, and in the same proportion for less or more; for every sled or sleigh drawn by two horses, oxen or mules, ten cents, and for every additional horse, ox or mule, three cents; for every sled or sleigh drawn by one horse, mule or ox, six cents, and for every additional horse, two cents; for every cart or wagon drawn by one horse, mule or ox, eight cents; for every horse or mule, rode or led, six cents; for every chariot, coach, coachee, phæton, pleasure wagon or pleasure carriage drawn by two horses, twenty-five cents, and for every additional horse, six cents; for every stage, sleigh or sled, drawn by four horses, or other beasts of draught, nineteen cents: but no such toll-gate shall be erected on said turnpike at any place which is now used as a public highway, within two miles of the village of Pœstenkill. And if any person passing by any gate which may be erected on said turnpike road, shall use any part of said turnpike road which was not heretofore used as such public highway, every such person shall be deemed to have passed such gate to avoid the payment of the legal tolls, and shall be liable to the penalties contained in the fifty-fifth section, on page five hundred and eightyeight of the first volume of the Revised Statutes. re mute. $10. The said company shall have power to commute May comwith any person, for a sum to be agreed on, in lieu of gular tolls, at all or any of their turnpike gates, to be erected on said road. $11. Whenever the said company shall have finished Gate. and completed ten miles of said road, they shall be at liberty to erect one toll-gate, or two half toll-gates thereon. Town of Moravia erected Sempronius Town of CHAP. 66. AN ACT to divide the town of Sempronius, in the county of Passed March 20, 1833. S1. From and after the passing of this act, all that part of the town of Sempronius, in the county of Cayuga, being the southwest part, bounded on the west and on the south by the present lines of said town; on the east by the west lines of lots number ninety-six, eighty-six, seventy-six, sixty-six, fifty-six and forty-seven; and on the north by the south lines of lots number thirty-seven, thirty-six, thirty-five, thirty-four, thirty-three, and extending west through lot number twenty-six to the Owasco lake, shall be and remain a separate town by the name of Moravia; and the first town-meeting shall be held at the house of Asa Little, in said town, on the second Tuesday of April next. S2. All that part of Sempronius aforesaid, being the southeast part, bounded on the east and south by the pre'sent lines of said town; on the west by the east lines of lots number ninety-five, eighty-five, seventy-five, sixtyfive, fifty-five and forty-six; on the north by the south lines of lots number thirty-eight, thirty-nine and fortyone, shall be and remain a separate town by the name of Sempronius; and the first town-meeting shall be held at the house of Abel Heald, in said town, on the second Tuesday of April next. S 3. All that part of Sempronius aforesaid, being the Niles routed north part, bounded on the west, north and east by the present lines of said town; on the south by the north lines of lots number forty-nine, forty-eight, forty-seven, fortysix, forty-five, forty-four, forty-three, forty-two, and to continue west through lot number twenty-six to the Owasco lake, shall be and remain a separate town by the name of Niles; and the first town-meeting shall be held at the house of Chauncey Abbott, in said town, on the second Tuesday of April next. Funds to be divided. 4. As soon as may be after the second Tuesday of April next, the supervisors and overseers of the poor of the aforesaid towns, shall, by a notice to be given for that purpose, by the supervisors thereof, meet together and divide the funds and property belonging to the same, previous to the division thereof, agreeable to the last tax list. the peace, 5. The justices of the peace who may be residents of Justices of any of the aforesaid towns, shall be justices of the peace thereof, for the term for which they shall have been elected; and all vacancies in the office of justice of the peace in the aforesaid towns, shall be filled at the first townmeeting therein respectively. 1 ings. $6. After the present year the town-meetings in the Town meet said several towns shall be held on the first Tuesday in April, unless the time for holding such town-meetings shall be altered according to law. fect. $7. This act shall take effect immediately after its To take ef passage. СНАР. 67. AN ACT to divide the town of Clarence, in the county of Erie. Passed March 20, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: erected. S1. All that part of the town of Clarence, in the coun- Town of ty of Erie, lying south of the line between the eleventh Lancaster and twelfth townships, according to the Holland company's survey, shall be erected into a separate town by the name of Lancaster; and the first town-meeting shall be held at the dwelling-house of David Martin, in said town, on the first Tuesday of April next. 2. All the remaining part of the said town of Clar- Clarence to ence, shall be and remain a separate town by the name of remain. Clarence; the first town-meeting shall be held at the dwelling-house of George Dunnit, in said town, on the first Tuesday of April next. $3. The annual town-meetings thereafter to be holden Town meetin such towns respectively, shall be holden at such time inge. and place as the electors of such towns shall fix upon in pursuance of the Revised Statutes. 4. This act shall take effect immediately. To take of feet. Amount of a tax to be paid to com pany. To he charge ed to town. Affidavit to be filed. To taku effeet. CHAP. 68. AN ACT for the relief of the Black River cotion and woollen manufacturing company. Passed March 20, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The treasurer of the county of Jefferson is hereby authorised and required to pay to the Black-river cotton and woollen manufacturing company, the amount which he has, or shall receive from the collector of Watertown, on account of a tax assessed on said company by the board of supervisors of said county, at their last annual session, deducting therefrom the amount that was in said assessment included on account of the value of real property assessed to the said company in the assessment roll of the town of Watertown, on which said tax was assessed, and the fees of the county treasurer and the collector on the whole amount received or to be received by said treasurer as aforesaid. $ 2. The amount so paid shall be charged to the town of Watertown, by the county treasurer in his account with said town. S3. The payment aforesaid shall not be made by the county treasurer until the said company shall file with him such an affidavit as is required to be filed with the clerk of the board of supervisors by section nine of title four of chapter thirteen of the first part of the Revised Statutes. S4. This act shall take effect immediately after the passage thereof. CHAP. 69. AN ACT to amend an act entitled "An act to incorporate the Florida bridge company," passed January 30th, 1828. Passed March 20, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. The president and directors of the Florida bridge company, shall and may, at their toll-gate, demand and receive for the use of the said corporation, from any person or persons not employed by the state on the canal, |