Duty of the

any lands or improvements which the said corporation may deem necessary for the said road, and the commissioners shall then proceed to view the premises, and having determined the damages shall make an inquisition under their hands and seals, or the hands and seals of any two of them, stating the amount of damages, if any, which each or any of the owner or owners of any parcel of land used or to be used for said road have sustained or shall sustain, which inquisition shall be acknowledged by the commissioners signing the same before one of the judges aforesaid, and filed, together with the affidavit aforesaid, in the office of the clerk of the said county of Orange, who shall, at the expense, costs and charges of the president and directors county clerk. aforesaid, enter the same of record in the book kept by him for recording deeds, and the said corporation paying to the several owners of said lands the several sums awarded by such inquisition, shall have and hold to them, their successors and assigns for ever, the lands and tenements described therein, and the president and directors aforesaid shall pay to the judge who made the appointment of said commissioners two dollars for his services, and to each of the said commissioners for every day necessarily attending the duties required of them by this act, two dollars and fifty cents.

Compenfation

to the faid commiffioners, &c.

Further pow ts and privi leges of the faid corpora

tion.

VI. And be it further enacted, That it shall and may be lawful to and for the president, directors and company of the said corporation, and their superintendents, artists, workmen and labourers, with carts, waggons and other carriages, with their beasts of draft and burthen, and all necessary tools and implements, to enter upon the lands contiguous or near to the said road, first giving notice of such intention to the owners or occupants thereof, and doing as little damage thereto as possible, and repairing any breaches they make in the inclosures thereof, and making amends for any damages that may be sustained by the owners or occupants of such ground or improvements, by appraisement, in manner hereinafter directed; and upon Damages how a reasonable agreement of the owners or occupants, if they can agree, or if they cannot agree, then upon an appraisement to be made upon the oaths of three indifferent freeholders, to be mutually chosen, or of any two of them; or if the owner or occupants neglect or refuse to join in the choice, to be appointed by any justice of the peace of the county, and on tender of the appraised value, to take any timber, stone, gravel, sand or earth, being most conveniently situated for making and repairing the said road and turnpike, and to use the same in carrying on said work.

VII. And be it further enacted, That the said president, directors and company shall cause a road to be laid out at least four rods wide, eighteen feet at least of which shall be bedded with wood, stone, gravel or any other hard sub

afcertained.

Road how to

be laid out

and made,

When turn. pikes and gates to be erected.

Provifo.

Toll-gather ers to be appointed

stance, well compacted together, a sufficient depth to secure a good and solid foundation to the same; and the said road shall be faced with gravel or stone pounded, or other small hard substance, in such manner as to secure a firm and 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 and perfect order.

VIII. And be it further enacted, That as soon as the president, directors and company shall have perfected the said road, from either end of said road, not less than five miles, and so from time to time any other like distance progressively, they shall give notice thereof to the governor of this state, who shall thereupon forthwith nominate and appoint three skilful and judicious persons to view the same, and report to him in writing whether the said road is so far executed in a masterly and workmanlike manner according to the true intent and meaning of this act, and if they report in the affirmative, then it shall be lawful for the governor, by licence under his hand and the privy seal of the state, to permit and suffer the said president, directors and company to erect and fix such and so many gates or turnpikes upon and across the said road, as will be necessary and sufficient to collect the tolls and duties hereinafter granted to the said corporation from all persons travelling the same; Provided always, That there shall not be more than three gates in the whole distance of the road above mentioned.

IX. And be it further enacted, That as soon as such road is perfected or such part thereof as aforesaid, and the same being examined and licensed in manner aforesaid, it shall and may be lawful for the president, directors and compa ny to appoint toll-gatherers to collect and receive from all and every person or persons using the said road the tolls Rates of toll. and duties hereinafter mentioned, that is to say: For any number of miles not less than ten, the following sums of money, and so in proportion for any greater or less distance, to wit: For every score of sheep, eight cents; for every score of hogs, eight cents; for every score of cattle, eighteen cents; for every horse and rider or led horse, five cents; for every sulkey, chair or chaise with one horse and two wheels, twelve cents and an half; for every chariot, coach, coachee or phaeton, twenty-five cents; for every stage-waggon or other four wheeled carriage drawn by two horses, and for every cart drawn by two oxen, twelve cents and an half, and three cents for every additional horse; for every sleigh and sled six cents, if drawn by two oxen or two horses, 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 said toll-gatherers to stop any person riding, leading or driving any of the

Authority to

the faid tollgatherers.

herein enumerated articles from passing through the said gates or turnpikes, until they shall have respectively paid the toll, not exceeding the rates above specified; Provided always, That it shall and may be lawful for any person or persons, residing within five miles of any of the said gates or turnpikes to be erected on the said road, to compound by the year with the president and directors of the said corporation, for the privilege of using the said road and passing through the said gates or turnpikes; and Certain perin case any such person or persons shall not be able to compound agree with the said president and directors upon the rate of composition, the same shall be determined in the manner provided by the fifth section of this act for ascertaining the value of lands that may be included in such road, except that it shall not be necessary for the inquisition or award of the commissioners to be acknowledged and recorded.

fons may

for toll.

ing toll how

with.

X. And be it further enacted, That if any person who perfons evadshall use the said road, shall with a view to evade the pay- to be dealt ment of the tolls required by this act leave the said road or go round the said gates, every such person shall for every such offence forfeit and pay to and for the use of the president, directors and company aforesaid, the sum of ten dollars, to be sued for in their names before any justice of the peace, by action of debt, to be recovered with costs of suit.

XI. And be it further enacted, That if any of the tollgatherers shall unreasonably delay or hinder any passenger or traveller at any of the gates, or shall demand or require more toll than is by this act established, he shall for each and every offence forfeit and pay the sum of two dollars, to be recovered in manner and form aforesaid with costs of suit, in the name and for the benefit of the party delayed, hindered or defrauded, besides all special damages accruing to the person so stopped or delayed.

XII. And be it further enacted, That the shares in the said turnpike road shall be taken, deemed and considered to be personal estate, and shall and may be transferable, and all such transfers shall be made and inserted in the books of the said president, directors and company.

XIII. And be it further enacted, That the said corporation shall cause mile-stones to be placed on one side of the said road in its whole extent, whereon shall be marked in legible characters the respective number of miles from the place of commencing the said road, and also shall cause to be affixed up in a conspicuous place at each gate or turnpike, a printed list of the rates of toll.

XIV. And be it further enacted, That the said corporation shall cause to be kept a fair and just account of all monies received for toll on the said road, and shall make and declare a dividend of the clear profits and income (all

Penalty on toll-gatherers for neglect of

duty.

Stock deem. ed perfonal property.

Mile-ftones and the rates of toll to be affixed to each gate.

to be erected

Accounts how kept and div and when to

idends how

be declared

and paid.

Directors to account with

ler.

contingent charges being first deducted) amongst all the stockholders of the stock of the said corporation, and shall on the second Tuesday in January and July, in every year, publish the half yearly dividend to be made of the said clear profits, and the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.

XV. And be it further enacted, That the said corporathe comptrol- tion shall within six months after the said road is completed, lodge in the office of the comptroller an exact account of the expenses thereof; and the said corporation shall annually exhibit to the comptroller a true account of the dividends made and arising from the said toll, with the annual disbursements on said road.

Duty of the

when to be diffolved.

Provifo.

XVI. And be it further enacted, That the comptroller, comptroller. shall and he is hereby required to report to the legislature whenever it shall appear from the accounts so to be exhibited to him, that the income arising from the said toll shall have fully compensated the said corporation for all monies they have expended in purchases, making, repairing, taking care of the said road, and for all other expenditures thereon, together with an interest of fourteen per Corporation centum by the year, and thereupon the said corporation shall be dissolved and the interest and property of the said road shall be vested in the people of this state; Provided, That if the said corporation shall not proceed to commence work on the said road within two years after passing this act, and shall not, within five years thereafter complete the said road according to the intent and meaning of this act, then and in either of these cases this act shall cease, be void, Further pro and of no effect; Provided always, That nothing in this vifo, exempt. act contained shall authorize the toll-gatherers appointed under this act, to ask, receive or take any toll from any person whatsoever for passing said gates, or any of them, who are either going to or returning from public worship, or who are going to or returning from a funeral, or who are going to or returning from any mill with grain, flour or meal, for the use of his family only.

ing certain

perfons from paying toll.

CHA P. CL.

An ACT to establish a Turnpike Road from Cherry-Valley to the Chenango-River.

Passed 4th April, 1801.

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

in named and fuch others as

with them

made a body

may affociate Ingals, Ozias Waldo, Elihu Phinney, Andrew Sill, Isaac Foote, Obadiah German, Alexander M'Collum senior, Rensselaer Williams, Abraham Ten Broeck, Robert Campbell and Elijah Holt, and all such persons as shall as

corporate.

sociate for the purpose of making a good and sufficient road from the house where John Walton now lives in the town of Cherry-Valley, in the county of Otsego to Cooperstown, and following the post road from thence westward to where it crosses the Chenango-river in the town of Sherburne, in the county of Chenango, shall 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 second company of the great western turnpike road;" and corporation, the said corporation shall by that name be capable in law to purchase, have, hold, enjoy and retain, to them and their 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 all courts of record, or any other place whatsoever; Pro- Provifo. vided, That the lands to be purchased as aforesaid shall be such only as may be necessary to carry into effect the object of this act, and shall not exceed in value the sum of five thousand dollars.

Price of each

fhare of faid

Rock.

II. And be it further enacted, That Elihu Phinney, An- Commissiondrew Sill, Isaac Foote and Ozias Waldo, be and they are ers appointed. hereby appointed commissioners, to do and perform the several duties hereinafter mentioned, that is to say: They Their duties. shall on or before the first day of June next procure four 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 to the president, directors and second company of the great western turnpike road, the sum of twenty-five 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 ;" and the said books shall be deposited with such persons, and opened at such time and places as the said commissioners may direct; 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 one hundred shares shall have been subscribed, cause an advertisement to be inserted in one of the newspapers printed in the city of Albany, and in the newspaper printed in Cooperstown, giving at least thirty 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 on which the directors shall be chosen shall for ever thereafter be the anniversary day for choosing directors; and the said directors elected by a plurality of votes of the stockhold

Thirteen di rectors to be certain pow

chofen with

ers.

Who are to dent.

elect a pre