the road ap V. And be it further enacted, That Enos Cushing, A. D. 18t1. Elijah Pratt and Așa Dana be and they are hereby ap- Commiss'rs pointed commissioners to lay out the said road accord- to lay out ing to the best of their judgment and understanding, pointed. without favor or partiality, in such manner that the object of the corporation and the general interest of the public shall be in the best manner effected; and it shall who are to be the duty of the said commissioners, or a majority of file maps. them, to deposit and cause to be filed in the office of the clerk of the several towns through which the said road shall pass, an accurate map of the same; and each of the Their com said commissioner, for their services as aforesaid, shall be pensation. allowed at the rate of two dollars per day for every day they shall be necessarily employed in the services aforesaid, to be paid, together with the expense of surveying and filing said map, by the said corporation. the con VI. And be it further enacted, That the number of 5 directors directors for managing the concerns of the company to manage hereby incorporated, shall be five, three of whom shall cerns of the form a quorum, and be capable of transacting the busi- company. ness of the company; and that the said company shall Rights and have and enjoy all the rights, privileges, powers and of the com immunities which are given and granted in and by the pany. said act, entitled "An act relative to turnpike companies," and be subject and liable to all the conditions, provisions, restrictions and regulations contained in the said act, saving and excepting when the same are contrary to the provisions of this act. CHAP. CLXXX. An ACT for the relief of certain mortgagors of lands I. Passed April 8, 1811. 41 10 A. D. 1811 the said several mortgages annually, the payment of the several instalments mentioned in the said mortgages shall be severally postponed for the term of two years. erected. 1 II. And be it further enacted, That it shall and may be lawful for the superintendant of the Brothertown Indians, by and with the consent of the said Indians, to lease the grist-mill in said town upon scuh terms and conditions as shall appear most beneficial to the said Indians, for a term not exceeding fourteen years, the rent and profits thereof to be appropriated for the use of the said Indians. I. BE CHAP. CLXXXI. An ACT to divide the town of Tully, in the county of Onondaga. Passed April 8, 1811. E it enacted by the people of the state of NewYork, represented in senate and assembly, That from and after the first Tuesday in April next, all. that part of the town of Tully lying west of a line beginning at the northwest corner of lot number twentyTown of five, and thence running south to the south line of Spafford said town, be and is hereby erected into a separate town by the name of Spafford, and that the first town meeting in said town shall be held at such place as the supervisor, town clerk and assessors of the said town of Tully, or a majority of them, shall direct; and all the remaining part of the said town of Tully shall be and remain a separate town by the name of Tully, and that the first town-meeting in the said town of Tully be held at the store of John Meeker, in the said town, or at such other place as the said supervisor, town clerk and assessors thereof, or a majority of them, shall direct. Poor & mo divided. II. And be it further enacted, That as soon as may nies to be be after he first town meeting shall he held in the town of Spafford, the supervisors and overseers of the poor of the said towns of Spafford and Tully, on notice being given for that purpose, shall meet together and divide the money and poor belonging to the town of Tully previous to the division thereof, agreeable to the last tax list, and that each of the said towns thereafter shall respectively maintain their own peor. Tully to be III. And be it further enacted, That the several offi. A. D. 8111. cers who shall be chosen on the first Tuesday of Officers March next, at the town meeting which shall be holden chosen for in and for the present town of Tully, shall be deemed officers for and considered the proper officers for the said towns Spafford. of Spafford and Tully, any thing hereinbefore contained to the contrary notwithstanding. B CHAP. CLXXXII. Tully and comp. incor An ACT to incorporate the Lebanon turnpike company. Passed April 8, 1811. I. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Samuel Payne, Thomas Greenley, Thomas H. Hub- Lebanon bard, John Foote, Lyman S. Raxford, Constant Mer- turnpike rick, Brown Blair, John C. Payne, and all such other porated. persons as shall associate for the purpose of making a good and sufficient turnpike road, to commence at any point they may choose within eight miles of the quaker meeting-house, in the town of Deruyter, in the county of Madison, and running from thence on the best and most practicable route that the face of the country will admit of, through the town of Lebanon, and to intersect the Hamilton and Skeneatelas turnpike road, near the house of Samuel Payne, in the town of Hamilton, to be laid out by three commissioners as is herein after directed, shall be and hereby are created a body corporate and politic, by the name of "the president, direc- and corportors and company of the Lebanon turnpike road," and ate rights. they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in 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 mannor of actions and complaints, matters and causes, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Pro- Proviso. vided, That such estate, as well real as personal, so to be purchased and held be necessary to fufill the end and in Their style A. D. 1811. tent of the said corporation, and to no other purpose whatsoever. cap. stock. Amount of II. And be it further enacted, That the stock of the said company shall consist of twelve hundred shares, of appointed twenty dollars each, and that Samuel Payne, Constant to receive Merick and Alexander M'Elwain be and they are here Commiss❜rs subscrip tions. Number of erected. by appointed commissioners to receive subscriptions for the 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 gates to be hereby incorporated shall not erect more than three gates or turnpikes upon the said road, and that neither of the said gates or turnpikes shall be erected on any of the roads already laid out; and the said company shall be entitled to exact and receive at each of the said gates or turnpikes, for any number of miles not less than ten Bates of toll in length of the said road, the following rates of toll, and so in proportion for a less distance, from all persons travelling and using the said road, that is to say: for every score of hogs or sheep, eight cents; for every score of cattle, horses or mules, twenty cents; for every chair, sulkey or cahise with one horse, twelve and an half cents; for every horse or mule, four cents; for every led or driven horse, three cents; for every cart drawn by one horse or mule, six cents; for every chariot, coach, coachee or phaton, twenty-five cents, or if drawn by four horses, thirty-one and a quarter cents; for every stagewaggon or other four wheeled carriage drawn by two horses, mules or oxen, twelve and an half cents, 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 in like proportion if drawn by a greater or less number of horses, mules or oxen. the chord Length of IV. And be it further enacted, That the chord of the of the arch arch of the road by this act authorized to be made, shall of the road not be less than twenty feet. to lay out V. And be it further enacted, That Reuben Ransom, Commiss'rs Erastus Daniels and James M'Elwain be and they are appointed hereby appointed commissioners to lay out the said road according to the best of their judgment and understand. ing, without favor or partiality, in such manner that the the road. thereof. object of the corporation and the general interest of the A. D. 1811. public shall be in the best manner effected; and it shall be the duty of the said commissioners, or a majority of them, to deposit and cause to be filed in the office of the Who are to clerk of the several towns through which the said road file mapa shall pass, an accurate map of the same; and each of the said commissioners for their services aforesaid, shall be allowed at the rate of two dollars per day for every day they shall be necessarily employed in the services afore- Their comsaid, to be paid, together with the expenses of survey-pensation. ing and filing said maps, by the said incorporation. quorum. VI. And be it further enacted, That the number of Number of directors for managing the concerns of the company directors. hereby incorporated shall be five, three of whom shall Three a form a quorum, and be capable of transacting the business of the company; and that the said company shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the Rights and said act, entitled "An act relative to turnpike compa- privileges nies," and be subject and be liable to all the conditions, provisions, restrictions and regulations contained in the said act, saving and excepting whenever the same are contrary to the provisions of this act. WH CHAP. CLXXXIII. An ACT to incorporate the Great Bend aud Union Turnpike Company. Passed April 8th, 1811. HEREAS the Great Bend and Bath turnpike company have neglected to commence their operations within the time limited by their incorporation, and signified their intention of not commencing such operation. And whereas Mason Whiting and others have, by their petition, prayed this legislature to be incorporated for the purpose of making and constructing that part of the said road between the westerly end of said turnpike and the Chocoanut creek, in the county of Broome: Therefore, of the com pany. Preamble. GreatBend Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That Joshua and Union Whitney, Mason Whiting, William Woodruff, Jacob turnpike McKinney, Daniel Le Roy, and all such persons as incorporate shall associate for the purpose of making a good and company ed. |