how chofen.

enter as follows: "We whose names are hereunto subscribed do, for ourselves and our legal representatives, promise to pay to the president, directors and company of the Schaghticoke 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;" one of which books shall be left with each of the said commissioners at their respective places of abode, who shall immediately open the same, and 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 two dollars for each share so by him subscribed; and the said commissioners shall, as soon as four hundred shares are subscribed, cause an advertisement to be inserted in one of the public newspapers in the county, giving at least ten days notice of the time and place when and where the said subscribers shall meet to choose thirteen directors, who shall be stockhold- Directors ers, for the purpose of managing the concerns of the company for one year; and the said directors shall be chosen by ballot by the stockholders then present, and the day of choosing said directors shall for ever thereafter be the anniversary day for choosing said directors; and any seven of said directors shall be a quorum, and capable of transacting the business of the said corporation, and every act of the majority of the directors so met shall be binding on said corporation; and the said directors elected by a plurality of the stockholders present, shall immediately proceed to elect by ballot one of their number for president, and the said president and directors may meet from time to time at such places as they may find expedient and direct, and they shall have power to make such by-laws, rules and orders and regulations, not inconsistent with the constitution and laws of this state or of the United States, as they shall deem necessary for the well ordering the affairs of said corporation: Provided, That at the election of directors the stockholders not Proviso. present may vote by proxy for said directors, and each stockholder shall be entitled to one vote for each share he shall hold under the number of ten shares, and one additional vote for every ten shares, he shall hold above the number of ten shares.

III. And be it further enacted, That in case of the death or absence of the president, a quorum of the directors may appoint a president pro tempore, and shall and may proceed and transact the business of the said corporation in like manner as if the president was with them.

400 Cares

fcribed.

IV. And be it further enacted, That the said president and directors may continue to receive subscriptions to the stock of may be fubthe said corporation until there shall be four hundred shares subscribed, and shall have power to appoint such officers, clerks, agents, artists, workmen, and others under them, as shall be necessary for executing the business of said corporation.

of the road.

V. And be it further enacted, That the said turnpike, in- Courfe and cluding the ditches, shall be at least four rods wide, and shall dimenfios extend from the northern turnpike, near the seventh mile stone in the town of Schaghticoke, to Viele's bridge, from thence on the best ground to Nicholas Masters' old house, and from thence

Land how to be taken

road,

on the best ground to or near Thomas Whitesides, to intersect the eastern road; that the direction of the said turnpike road shall be determined and marked out by three disinterested commissioners, to be appointed by the person administering the government of this state, and it shall be the duty of said commissioners to lay out the said road without favor, or partiality, according to the best of their judgment, so as to answer the object of the corporation and secure the public interest; and the said commissioners shall cause an accurate map of the survey of such road, designating particularly the track thereof, to be made and filed in the clerk's office of the county of Rensselaer, and expenses of surveying the said road and making and recording such map, together with the allowance to the said commissioners, at the rate of two dollars per day for their services, shall be paid by the said corporation; that the said road shall be made by bedding the breadth of at least twenty-five feet thereof, with stone, gravel or other hard substance, one foot thick, and the same shall be covered at least six inches thick with gravel or other hard substance, so as to make the surface smooth and hard.

VI. And be it further enacted, That it shall be lawful for the to make the president, directors and company, after the track of said road shall be designated as aforesaid, to enter upon and take possession of such quantity of improved or unimproved land, not exceeding four rods wide, as shall be necessary for making said road, the said president, directors and company paying to the owners of the lands such value for the same in damages as shall be agreed upon by the said parties, or in case of disagreement, such damages as shall be assessed by two justices of the peace. and by the oaths of twelve reputable freeholders, who shall be summoned by the constable of the town in which such land may be, by virtue of a warrant to be issued by the said justices for that purpose; and in case of infancy, coverture, or absence from the state of any of the owners, it shall be lawful for the said president, directors and company to take possession of such land, the value and damages whereof shall be ascertained and assessed in the manner above prescribed, and paid to the persons entitled thereto on demand; and on the payment of the value of such land so to be taken for said road, the right and title thereto shall vest in the said president, directors and com

Road to be inspected.

pany.

VII. And be it further enacted, That as soon as the presi dent, directors and company shall have completed the said road, it shall be lawful for the said president and directors to give notice to the governor of this state for the time being, who shall thereupon forthwith nominate and appoint three commissioners to view the same, and to report to him in writing whether such part of said road is completed in a workmanlike manner, according to the true intent and meaning of this act; and if the report shall be in the affirmative, then it shall be the duty of the governor to whom they report, and he is hereby required, by licence under his hand and the privy seal of this state, to permit the said president, directors and company to erect and fix two half toll gates and turnpikes upon and across said road, at such places as the president and directors shall appoint, and to col

lect the duties and tolls herein after granted to the said corporation, from all persons travelling or using the same.

VIII. And be it further enacted, That as soon as the said Rates of toll. road shall be completed, and permission so as aforesaid granted to erect a gate or gates upon and across the same, it shall be lawful for the said president and directors to appoint toll-gatherers to collect of and from all and every person and persons using the said road at each of the said gates, the tolls herein after mentioned, and no more, that is to say: for every score of sheep or hogs, eight cents; for every horse and rider, four cents; for every led or driven horse, three cents; for every sulkey, chair or chaise, six and one quarter cents; for every cart drawn by one horse, four cents; for every chariot, coach, coachee or phaeton, twelve and an half cents; for every stage waggon or other four wheeled carriage drawn by two horses, mules or oxen, six and one quarter cents, and for every additional horse, ox or mule, three cents; for every sleigh or sled, four cents, if drawn by two horses, and in like proportion if drawn by a greater or less number of horses or oxen; that it shall be lawful for any of the tollgatherers to stop and detain any person riding, leading or driving any horse or horses, cattle, sheep or hogs, sulkey, chair, chaise, phaeton, cart, waggon, sleigh, or other carriage of burthen or pleasure, from passing through the gates or turnpike until they shall respectively pay the toll as above specified: Provided, That nothing in this act shall be construed so as to entitle this corpora. tion to demand toll of or from any person passing to or from public worship, or to or from his common business on his farm, or in going to or from any mill to which he resorts for grinding of grain for his family's use, or persons going to or returning from any funeral, or from troops of this state or of the United States. IX. And be it further enacted, That the said corporation shall Mile ftones to cause mile stones to be erected, one for each mile of the said road, and on each stone shall be fairly and legibly inscribed or marked the distance the said stone is from Lansingburgh; and the corporation shall cause to be affixed at or over each gate or turnpike a printed list of the rates of toll which may be lawfully taken. X. And be it further enacted, That if any person or persons Penalty for shall break down or deface or injure any of the mile stones so to mile ftones injuring the be erected, or shall dig up or attempt to spoil any part of the said or road. road, or shall cut, break down or destroy any part of the gates or turnpikes erected in pursuance of this act, or shall forcibly pass any or either of the gates or turnpikes without having paid the legal toll at each gate or turnpike, every such person or persons shall for every such offence or injury, forfeit and pay a fine of twenty-five dollars, to be recovered by the treasurer of said corporation to their use, in an action of debt, with costs of suit, in any court having cognizance of the same; and if any person or persons shall, with his or their team or teams, carriage or horse, turn out of the said road to pass any or either of the gates on ground adjoining thereto, and again enter on said road, having passed the said gate or gates to avoid the payment of the toll due by this act, such person or persons shall forfeit a fine not exceeding five dollars, to be recovered in like manner by the treasurer of the corporation, to their use, with costs of suit.

be fet up.

1

Penalty for XI. And be it further enacted, That if any toll-gatherer shall detaining paflengers. unreasonably detain or hinder any traveller or passenger at any of the gates, or shall demand or receive more toll than is by this act established, he shall for every such offence forfeit and pay the sum of twenty-five dollars for the use of the person so delayed or hindered.

property.

Stock deem- XII. And be it further enacted, That the shares in the said ed perfonal turnpike road shall be taken, deemed and considered to be personal estate, and shall be transferable in such manner as the said president and directors may direct.

Toll may be leflèned.

Accounts how to be kept and rendered.

Accounts of

expenfes and

be lodged with the

XIII. And be it further enacted, That it shall be lawful for the said president and directors at any time to lessen the rate of toll or duties, or take away one of the gates or turnpikes, provided two-thirds of the stockholders shall agree thereto.

XIV. And be it further enacted, That the president and directors of the said corporation shall keep a just and fair account of all monies received or to be received by the several collectors of toll on said road, and shall make and declare a dividend of the clear profits and income (all contingem costs and charges being first deducted) among the stockholders of the said corporation, and on the first Tuesday in January and July in every year shall publish the half yearly dividend of the clear profits to be made among the stockholders and at the time and place where and when the same shall be paid, and shall cause the same to be paid accordingly.

XV. And be it further enacted, That the president and didividends to rectors shall within six months after said road shall be completed, lodge in the comptroller's office of this state an account of the comptroller. expenses thereof, and the corporation shall annually exhibit to the comptroller a true account or dividend arising from said toll, with the annual disbursements on said road.

Stock how to

XVI. And be it further enacted, That it shall be lawful for be called in. the president and directors to call and demand from the stockholders respectively all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as they shall see fit, under pain and forfeiture of all their shares and the previous payments thereon, to the said president, directors and company.

Stock may be increased.

The corpora.

diffolved.

XVII. And be it further enacted, That after the amount of the said number of four hundred shares mentioned in and by the fourth section of this act shall have been appropriated by the said president and directors for the purpose of making a good and sufficient road between the places aforesaid, and the sum so ap propriated shall be found insufficient to effect the same, it shall be lawful for the said president and directors, in order to complete the said road and turnpike, to increase or raise the funds of the said corporation by adding a sum not exceeding ten dollars to each and every share in the whole stock, which sum so to be added shall be in equal ratio upon each and every share, to be collected and paid in manner aforesaid, subject on default of payment to the pains and forfeitures aforesaid.

XVIII. And be it further enacted, That the legislature may tion may be dissolve said corporation when the income arising from the said toll shall have fully paid and compensated the said corporation for all monies they may have expended in purchasing, making, re

pairing and taking care of said road, together with an interest of fourteen per centum per annum, and thereupon the right, interest and property shall be vested in the people of this state, and be and remain at their disposal: Provided, That if the said corporation shall not commence their operations on said road within two years after the passing of this act, and shall not within five years after complete the same according to the intent and meaning of this act, then and in either case, this act shall cease, be void and of none effect.

CHAP. CLXXXIX.

An ACT for the Relief of the Representatives of John Darrow, deceased.

Passed April 12, 1813.

WHEREAS the administrators of John Darrow, late of Chatham, in Columbia county, deceased, in conjunction with several of the heirs of said Darrow, have presented their petition praying for power to convey the real estate of the deceased for the benefit of his heirs And whereas it is represented to this legislature that the said John Darrow before his deccase contracted with John C. Hogeboom for the sale of the farm on which the said Darrow lived, and died leaving a widow and fifteen children, many of whom are infants: Therefore,

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be lawful for the administrators of the goods and chattels, rights and credits which were of John Darrow, late of Chatham, in Columbia county, deceased, to convey to John C. Hogeboom, the farm of which the said John Darrow died seised, situate in Chatham aforesaid, in pursuance of and in fulfilment of the contract made relative to the premises between the said John Darrow and John C. Hogeboom, under the order and direction of the chancellor of this state, if in the opinion of the said chancellor the representatives of said Darrow would be compelled to carry said contract into specific execution, and the conveyance so made shall be valid and effectual to convey the title of the premises as fully and amply as if the same had been by deed conveyed by the said John Darrow: And further, if in the judgment of the chancellor the said John C. Hogeboom could not enforce a specific execution of the contract aforesaid, then it shall be lawful for the aforesaid administrators to sell and convey as aforesaid the real estate of which the said John Darrow died seised for such price as they may think proper to accept, provided the chancellor shall approve of such sale.

II. And be it further enacted, That the money arising from the sale of the real estate of the said John Darrow shall be paid into the hands of the surrogate of the county of Columbia, to be by him divided among the heirs of the said intestate, and the said surrogate shall pay over to the guardians of the said infant children the share or portion to them belonging, and shall take from such guardians sufficient bond, conditioned to apply the said money to the support and education of said infant children, and pay the surplus, if any, to them as they shall respec