CHAP. CXII.

An ACT to Incorporate the Mount-Hope and Lumberland Turnpike Company.

I.

Passed June 8, 1812.

junior, and

porated.

E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That James Finch, junior, Elisha Reeve, William A. Cud- James Finck deback, William Young, junior, Richard Penney, others incor Charles Murray, Thomas Everson and Lebeus Godfrey, and such others as shall associate for making a good and sufficient turnpike road, to begin on the Minisink and Montgomery turnpike road, between the dweiling-house of Doctor Benjamin B. Newkerk and the store occupied by Benjamin Dodge, in the town of Wallkill, from thence on the most eligible route to cross the Shawangunk mountain, at the pass near Jonathan Sanes, in the town of Deer-Park, and thence to or near the Bush-kill Landing, on the Neversink river, in the county of Sullivan; from thence on the most eligible route to the Big-Eddy or Narrows, on the Delaware river, or to intersect the contemplated turnpike road from Big-Eddy to Snook's bridge, over the Neversink river, as is most eligible, so as to promote the interest of the public and of this corporation, shall be and are hereby created a body corporate and politic, in fact and in name, by the name of the President, Their style Directors and Company of "the Mount-Hope and Lumberland turnpike road company," and by that name they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes; and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of said corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and to no other purpose whatever,

and powers

Amount of

stock.

Rates of toll.

Privileges of

II. And be it further enacted, That the stock of the said company hereby incorporated shall consist of one thousand four hundred shares, of twenty-five dollars each, and that Oliver Caulkin, William A. Cudde back, Charles Murray, William A. Stoaks and Benja min Woodward, shall be and are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies, passed the 13th day of March, 1807.”

III. And be it further enacted, That the company hereby incorporated shall be entitled to exact and receive at each of the gates or turnpikes to be erected on the said road, from all persons travelling and using the same, for every ten miles, and so in proportion for any greater or less distance, the following rates of toll: For every score of sheep or hogs, eight cents; for ev ery score of cattle, horses or mules, twenty cents; for every horse and rider, six cents; every led or driven horse, four cents; for every sulkey, chair or chaise, with one horse, twelve and an half cents; for every cart or waggon, drawn by one horse, six cents; for every chariot, coach, coachee or phaeton, twenty cents; for every stage-waggon or other four wheel carriage, drawn by two horses, mules or oxen, twelve and an half, and three cents for every additional horse, mule or ox; for every sleigh or sled drawn by two horses, mules or oxen, six cents; and every sleigh drawn by one horse or mule, four cents, and in like proportion for a greater or less number of horses, mules or oxen: And further, The said company shall be entitled to exact and receive one half of the before mentioned rates of toll from persons crossing over the bridge over the Neversink river, when the same shall be completed, likewise two cents from all foot passengers crossing the same over and above the other toll.

IV. And be it further enacted, That the company the company hereby incorporated shall have and enjoy all the rights, privileges, powers and immunities, which are given and granted in and by the aforesaid act, entitled "an act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regu

lations contained in said act, except that the chord of the arch of the road to be wrought be twenty-two feet, and the number of directors to be seven.

CHAP. CXIII.

An ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Cherry-Valley, in the County of Otsego.

1.

B

Passed June 8, 1812.

.

Bounds of

the

E it enacted by the people of the state of NewYork, represented in Senate and Assembly, the village the district of country contained within the following bounds, to wit: Beginning at the north side of a bridge across Cherry-Valley creek, on the second great western turnpike road, near the dwelling-house of Jerome Clark, and in the line between lots number forty-nine and fifty, in the sub-division of a tract of land granted to John Lindsey and others; thence on a line parallel to the head line of said lots north fifty-five degrees west, sixteen chains and fifty links, to a stake; thence north thirty-five degrees east, twenty-four chains and seventy links, to a bridge on a small creek on the third great western turnpike road; then north-easterly in a direct line to the northerly corner of lot number forty in the aforesaid tract; thence south fifty-five degrees east, along the south bounds of a road called the range road, forty-seven chains and ten links, to the northerly corner of lot number forty-two in said tract; then south thirty-five degrees west, forty-four chains, along the division line between lots number forty-one and number forty-two, in the said tract, to the southerly corner of said lot number forty-two; thence in a direct line to a stake and stones, standing south fifty-five degrees east, eight chains, from the said first mentioned bridge; then in a direct course to the place of beginning, be known and distinguished by the name of "the Village of Cherry-Valley ;" and the freeholders and inhabitants who are qualified to vote at town-meetings, who from time to time reside within the aforesaid lim

may

Powers and privileges thereof.

its, may, on the second Tuesday of September next, meet at some proper place, to be appointed by any justice or justices of the peace within the said village, and notified to the inhabitants thereof at least one week previous to the said second Tuesday of September, and then and there proceed to elect five discreet freeholders, resident within the said village, to be trustees thereof; who, when chosen, shall possess the several powers and rights herein after specified; and such justice or justices shall preside at such meeting, and shall declare the several persons having the greatest number of votes duly elected trustees; and on every second Tuesday of May after the first election of the trustees, there shall in like manner be a new election of trustees for the said village, and the trustees for the time being shall perform the several duties required from the said justice or justices, in respect of notifying the meeting of the freeholders and inhabitants of the village, and presiding at such election.

II. And be it further enacted, That the freeholders and inhabitants, residing within the aforesaid limits, be and they are hereby ordained, constituted and declared to be, from time to time, and forever hereafter, a body politic and corporate, in fact and in name, by the name and style of "the Trustees of the Village of Cherry-Valley," and by that name they and their successors shall and may have perpetual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, causes or complaints whatsoever; and that they and their successors may have a common seal, and may change and alter the same at pleasure, and shall be in law capable of purchasing, holding or conveying any estate, real or personal, for the use of the said village, and of erecting any buildings, digging any reservoirs for water, for the use of the said village, and to make any other improvement or regulations in said village that the said trustees, or a majority of them, may from time to time deem necessary: Provided, That no purchase of any real estate, and no public building or re

servoir be erected, made or disposed of, without the consent of the freeholders and inhabitants, or the major part of them, in open and legal meeting first obtained.

bye-laws,

- III. And be it further enacted, That it shall and The trustees may be lawful for the trustees of the said village, or shall make the major part of them, by this act to be chosen, and rules, &c. for their successors in office forever from and after the second Tuesday of September next, to make, ordain,' constitute and publish, such prudential bye-laws, rules and regulations, as they from time to time shall deem proper, and such particularly as are relative to the streets, alleys and highways of the said village, and clearing, filling up, paving, keeping in order and improving the same; relative to preventing or extin guishing fires in the said village; relative to the restraining geese, swine or cattle of any description; relative to nuisances generally, and relative to any thing whatsoever that may concern the public good government of the said village; but no such bye-laws shall extend to the regulating or ascertaining the prices of any commodities or articles of provision that may be offered for sale.

may be ap

IV. And be it further enacted, That the freeholders A treasurer and inhabitants of the said village qualified to vote for pointed. trustees as aforesaid, at their annual meeting, or at any other meeting duly notified, shall, and they are hereby authorised and empowered to choose one treasurer and one collector, being freeholders of said village, and the person having the greatest number of votes for each office respectively shall be deemed duly elected; and in case a vacancy shall happen in either of the above offices respectively, the trustees shall have power of supplying such vacancy until the next public meeting: Provided, That the vacancy shall be supplied within ten days from the time it shall happen, and the person supplying it shall be liable to the same penalties and restrictions as if duly elected at a public meeting.

V. And be it further enacted, That the said trustees, officers of treasurer and collector, shall, before they proceed to the corporaexecute their respective offices, and within ten days take an oath.

tion shall