Shares and

ment shall be payable; and it shall be the duty of the said commissioners, to keep the said books open to any person for subscription, until the whole number of shares shall have been subscribed; and if a greater number than two thousand shares shall be subscribed, the said three commissioners shall apportion the said stock as near as may be among the subscribers, in proportion to the number of shares subscribed by each of them; and the commissioners shall, when required by the board of directors, deliver the said books to them, and pay over all monies paid to the said commissioners on the subscriptions aforesaid.

III. And be it further enacted, That each stockholder shall votes to be e- have in the said corporation, and at the election of directors therequal in num of, as many votes as he may have or hold shares in the said capital stock of said company.

ber.

Power of the directors.

Surveyor-Ge

vels, &c.

IV. And be it further enacted, That the said board of directors shall have power to make such bye-laws, rules, orders and regu lations for the well ordering the concerns of said corporation, as they shall deem necessary, provided the same shall not be contrary to the constitution or laws of this state, or of the United States; and the said corporation may take, purchase and hold such lands, tenements and hereditaments, goods, chattels and effects, not exceeding twenty thousand dollars in value, as may be requisite for effecting the objects of this incorporation; and the board of directors may convene special meetings of the stockholders, giving at least thirty days notice by publication as aforesaid, of the time and place of such meeting; the board of directors shall also have power to appoint such and so many officers, agents, clerks, superintendants, engineers, toll gatherers, workmen and other servants, as they shall deem proper in and about the business and concerns of said corporation.

and

V. And be it further enacted, That it shall be the duty of the neral's duty surveyor-general of this state, and he is hereby required, upon the in taking le application, at the sole expence of the said corporation, to cause to be made under his direction, by some competent person or persons to be appointed by him, (and who shall be duly sworn faithfully to execute the trusts reposed in him or them) such levels, surveys maps of the said creek, and of the streams of water falling or emptying therein, and of the lands adjacent to the said creek, as may be necessary or requisite to enable the said surveyor-general to ascertain and determine, whether it be practicable by means of dams, locks and canals, as aforesaid, to render the said creek navigable for boats and arks of at least twenty-five tons burthen, between the points herein before mentioned; and it is hereby made the duty of the said surveyor-general to ascertain and determine that matter, and as soon as he shall have ascertained and determined the same, Certificate to he shall certify in writing his determination thereof, and shall secretary's cause the certificate of his said determination to be filed in the of fice of the secretary of this state: and in case the said surveyor-general shall ascertain, determine and certify, that it is practicable, by means of dams, locks and canals, as aforesaid, to render the said creek, between the points aforesaid, navigable for boats and arks of at least twenty-five tons burthen, then it shall be the duty of the surveyor-general, to cause to be made, in manner aforesaid,

be filed in the

⚫ffice:

Damages,

a

and at the expence of the said corporation, a map, containing an accurate delineation of the said creek, and of the streams of water falling or emptying therein, and of the lands adjacent thereto, and of the several dams locks and canals to be made for the purpose afore said; and the said surveyor-general shall cause the said map to be deposited in the office of the secretary of this state, and shall deliver to said corporation a copy thereof, certified by him; and it shall then be lawful for the said corporation to apply to the several owners of the lands upon which the said dams, locks and canals may be intended to be erected, and of the several streams of water intended to be used or employed in such canals, and of the several mills and other hydraulic works which may be affected or injured thereby, and to how seeragree with such owners respectively touching the compensation to tained. be paid to them by the said corporation for the purchase thereof, and for their respective damages; and in case of disagreement between the said corporation and the said owners, or any one of them, then the said corporation may, upon giving fifteen days previous notice to such owner or owners, apply to the court of common pleas of the county in which such lands, streams of water, mills, or other hydraulic works may be situated, to appoint three commissioners to appraise the damages of such owner or owners; and thereupon the said court of common pleas shall appoint three judicious, disinterested and impartial persons, being freeholders of the said county, to be commissioners to appraise the same, and the damages of such owner or owners; and it shall be the duty of the said commissioners, before they shall take upon them the duties of their said office, to take and subscribe an oath before some competent magistrate, faithfully and impartially to ascertain and determine, according to the best of their skill and understanding, the amount or value of any land or other real estate which may be taken or deemed to be necessary to be used for such dams, locks or canals, and the amount of the damage or damages, which such owner or owners may in any wise sustain, or be put to, by reason or by means of the said dams, locks and canals, or any one of them; and it shall be the duty of the said commissioners carefully to enquire into, ascertain and determine the amount or value of such land, or other real estate, and of the said damages of such owner or owners respectively; and to make and return to the said court of common pleas, an inquisition under their hands and seals, or the hands and seals of any two of them, as ascertaining and determining the value of such land or other real estate, and the amount of the said demages; which inquisition, being fairly and regularly made, shall be confirmed by the said court, and shall be final and conclusive as to the amount of the said value and damages between the several and respective parties thereto; and if it shall be made to appear to the said court, on the behalf of any party to such inquisition, that it had been irregularly or unfairly made, then the said court shall set aside such inquisition, and may appoint three other commissioners to ascertain and determine in like manner the said value and damages; and the said corporation, paying to the said several owners of said land the several sums awarded by such inquisition, shall have and hold to them, their successors and assigns, during the continuance of their charter, the lands and tenements described therein: Provided, That

Part of a for plicable to

mer act ap

this corpora

tion.

toll.

nothing in this act shall be construed to authorise the said prestdent and directors, or any other person whatsoever, to enter upon such lands and thereon make such dams, locks and canals, until they shall have paid the value of such land or other real estate, together with such damages as may be agreed upon or appraised according to the provisions of this act.

VI. And be it further enacted, That the rules and articles prescribed in and by the sixth section of the act, entitled "an act for the establishing and opening lock navigation within this state," except the first, second, fourth, fifth, tenth and eleventh articles, shall form and be the fundamental rules of the corporation hereby erected: no person shall be eligible as director who shall not be a stockholder, and resident in this state at the time of such election: dividends shall be made and declared once, at least, in every year, and twice, if the board of directors think proper: no transfer of stock shall be made but in the manner directed by the directors.

VII. And be it further enacted, That the president, directors Amount of and company, may demand and receive from all boats, vessels and rafts, passing through all the locks and canals to be constructed by virtue of this act, such toll upon and for every ton of the tonnage of such boats or vessels, and for every hundred feet cubic measure of timber, and for every one thousand feet board measure of boards, plank or scantling, in rafts, as the board of directors shall determine; but the tolls for passing through the whole of the said locks and canals, shall not exceed one dollar and seventy-five cents for each ton of the tonnage of any such boat or vessel, and so in proportion for timber, boards and plank, scantling or other articles; but boats of less burthen than one ton shall pay the toll for one ton; and all empty boats or vessels passing through said canals and locks, shall pay but one half toll upon the tonnage of said boat or vessel.

Tonnage, how ascer tained.

Provise.

VIII. And be it further enacted, That if the owner or master of any boat or vessel shall require it, it shall be lawful for the tollgatherers, and such owner or master, each to choose one person to measure and ascertain such tonnage, and to mark the same on such boat or vessel, which mark shall always be evidence of the tonnage in payment of toll; but if the owner or master shall refuse or decline to choose a person in his behalf as aforesaid, then the tollgatherer may appoint one for him, and such person shall have the same power and authority as if chosen by such owner or master: and further, the toll-gatherers may respectively stop and detain any boat, vessel or craft, subject to and not paying toll, until such toll be paid and further, if any person shall wilfully do any act whereby any lock or canal, gate, engine or machine, or other thing thereto pertaining shall be injured or damaged, such offender shall pay four-fold damages and costs to said corporation, recoverable in any court having jurisdiction thereof: Provided always, That the said corporation shall not be permitted to ask or demand any toll under this act, until the said locks and canals aforesaid shall be completed from the junction of the said Catetunck stream with the Susquehannah river, to the place where the main branch of the said stream leaves the turnpike road, and the valley that leads from Oswego to the village of Ithica; and which toll shall be paid

in proportion to the distance that the part of the navigation so completed bears with the whole extent of said navigation.

be rendered

IX. And be it further enacted, That it shall be the duty of Accounts to the said corporation to exhibit annually, on the first day of May, to the comp to the comptroller of this state, upon the oath of their president troller. and treasurer, a full and true account and statement of all the receipts and expenditures of the said corporation during the preceding year: and the said comptroller shall so regulate the rate of toll to be received by the said corporation, from time to time, during the continuance of this charter, that the amount of the annual receipts of said corporation shall not exceed fifteen per cent over and above all necessary expences and expenditures.

made from

X. And be it further enacted, That whenever the navigation Cuts may be shall be completed, any owner or occupant of any land adjoining the canal, any of the waters of the said Catetunck steam, may make cuts from any of the canals of said coporation, and use the waters for mills or other hydraulic works, so, however, as not to impede the navigation aforesaid, or prevent the company from the use of so much water as at all times shall be necessary for the purposes of such navigation: Provided, That nothing in this act contained shall authorise said corporation to use any of the waters for any other purpose than for the navigation aforesaid.

ed a public

act.

XI. And be it further enacted, That this act shall be, and is This declar hereby declared a public act, to continue for thirty years from the first day of January next: Provided however, That the locks and canals shall be completed in five years from the passing of this act; and if the same are not so completed within the time aforesaid, this act, and every thing herein contained, shall cease and be void.

CHAP. LII.

An ACT to vest certain Powers in the Freeholders and Inhabi-
tants of Newtown.

66

Passed March 3, 1815.

village.

1. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the district of country within the county of Tioga, contained in the following bounds, that Bounds of the is to say, beginning at the confluence of the Tioga river and Newton creek, thence up the said creek to the bridge crossing the same near Carpenter's saw-mill, thence along the centre of the lane leading from the said bridge southwardly to the north boundaries of Wisner's farm, thence along the north boundary line of said farm westerly until it intersects the eastern boundary line of the farm at the upper end of said village, owned by John Davis, thence along the eastern boundary line of said Davis' farm southwardly to the Tioga river, thence down the north shore of the said river at low water mark to the place of beginning," shall hereafter continue Village of to be known and distinguished by the name of the " Newtown ;" and the freeholders and inhabitants residing within the Trustees.how same, qualified to vote at town meetings, may, on the second Tuesday in May, meet at the court-house in the said village, a notice

to be elected

whereof shall be made in writing, and signed by a justice or jus tices of the peace résiding in the county of Tioga, and put up in at least three public places ten days before the said second Tuesday in May next, and then and there proceed to elect five discreet freeholders, residents 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 election, and shall declare the persons having the greatest number of votes duly elected trustees; and on every second Tuesday in May after the first election of trustees, there shall in like manner be a new election of trustees for said village; and the trustees for the time being shall perform the duties required from the said justice or justices, in respect to notifying meetings, and presiding at such elections.

II. And be it further enacted, That all the freeholders and inCorporate habitants residing within the said limits be, and they are hereby style& power of the trustees ordained, constituted and declared to be from time to time, and forever hereafter, a body politic and corporate, in name and in fact, by the name and style of "The Trustees of the Village of Newtown," and by that name they and their successors, forever, shall and may have perpetual succession, and be persons in the law capable of suing and being sued, and of defending and being defended, in all courts and places whatsoever, and in all manner of actions, causes and 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 and conveying any estate, real or personal, for the public use of said village, and erecting any buildings, acqueducts, and digging any reservoirs for water for the use of the said village, and for keeping in repair such acqueducts, buildings and reservoirs, of purchasing and keeping in repair fire-engines, ladders, buckets, and other instruments for extinguishing fire, for improving the streets, erecting bay-scales, and for making any other regulations for preventing and extinguishing fires, preventing and removing nuisances, and relating to the price of bread in the said village, that the said trustees may from time to time deem necessary, and of raising a sum by tax for the purposes aforesaid, not exceeding three hundred dollars in any one year: Provided, That no tax shall be levied, or money raised, assessed or collected, for the purposes aforesaid, and purchase or sale of any real estate be made, and no building or reservoir be made or disposed of, without the consent of the freeholders and inhabitants of said village, or the major part of them, at the annual meeting for the election of trustees first obtained.

ustees may

III. And be it further enacted, That it shall be lawful for the Frake by-laws trustees of said village, or a major part of them, and their successors, to make, ordain, constitute and publish such by-laws, rules and regulations as they, from time to time, shall deem meet and proper, and for the benefit of the said village, relating to the objects in the next preceding section, and not inconsistent with the laws of this state or of the United States; and it shall be lawful for the said trustees to ordain, constitute, and publish, such fines and forfeitures for the breach of any such by-laws, rules and re