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Directors to account with the comptrol
Duty of the
when to be diffolved. Provifo.
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 corporation 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.
XVI. And be it further enacted, That the comptroller, comptroiler. 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 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.
perfons from paying toll.
CHA P. CL.
An ACT to establish a Turnpike Road from Cherry-Valley to the Chenango-River.
Perfons here- I. in named and fuch others as
Passed 4th April, 1801.
E it enacted by the People of the State of New-York,
may affociate Ingals, Ozias Waldo, Elihu Phinney, Andrew Sill, Isaac made a body Foote, Obadiah German, Alexander McCollum senior, Rensselaer Williams, Abraham Ten Broeck, Robert Campbell and Elijah Holt, and all such persons as shall as
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
II. And be it further enacted, That Elihu Phinney, An- Commiffiondrew Sill, Isaac Foote and Ozias Waldo, be and they are 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 directors to be
chofen with certain pow
Who are to dent.
elect a pre
ers present, shall immediately proceed to the choice of one of the number for president; and the said president and directors may meet from time to time, and shall have power to make such bye-laws, rules, orders and regulations, not inconsistent with the constitution or laws of this state or of the United States, as may be necessary for the well ordering of the affairs of the said corporation; Provided, apportioned. That no bye-laws or regulations shall give or allow more than ten votes to any one stockholder, and that each person shall be entitled to one vote for every share by him held under the said number.
sute a board.
III. And be it further enacted, That no less than seven Bors to confti- directors shall constitute a board for the transaction of business, of whom the president shall always be one, except in case of necessary absence, in which case his place shall be supplied by another director, whom he by writing under his hand shall nominate.
to the flock of
Prefident and directors may deviate
IV. And be it further enacted, That the president and directors may continue to receive subscriptions to the stock of the said corporation until two thousand shares shall have been subscribed.
V. And be it further enacted, That if it shall appear to the said president and directors that if by deviating from from the poft the said post road so called, the distance between the places designated for the commencement and ending of the said road can be materially shortened, it shall be lawful for the president and directors to make such alterations as may be found necessary.
privileges of faid corpora tion.
VI. And be it further enacted, That the said corporation hereby created shall, except as is herein otherwise provided, have the like powers and privileges as by the act, entitled An act to establish a turnpike corporation for improving the road from the city of Hudson to the line of Massachusetts on the road to Hartford, passed March the twentyninth, one thousand seven hundred and ninety-nine, and the act amending the same, passed the twenty-eighth day of March, one thousand eight hundred, are conferred on Reftrictions. the corporation therein mentioned, and shall be subject to the like restrictions and regulations as the said last mentioned corporation are made subject to, and shall make and improve the line of road directed by this act in like manner as is enjoined on the same corporation by the Rates of toll. said recited act, and also shall be entitled to have and receive the like rates of toll as are allowed to the corporation for improving the road from John Weaver's in Watervliet to Cherry-Valley aforesaid.
An ACT for building a Bridge across Haerlem-River.
Passed 31st March, 1790.
E it enacted by the People of the State of New-York, Abridge from
enacted by the authority of the same, That Lewis Morris, his to be built. heirs or assigns, be and he and they are hereby empowered and authorized at his and their own expense, to build a bridge from Haerlem across Haerlem-river to Morrissania, agreeable to the dimensions and directions following, that is to say: The said bridge shall not be less than thirty feet in width, and between the centre arches thereof shall be an opening not less than twenty-five feet, over which shall be a draw not less than twelve feet, for the free passage of vessels with fixed standing masts; and that it shall and may be lawful for the said Lewis Morris, his heirs or assigns, for and during the term of sixty years, to ask, demand and take for the use of the said bridge, a toll not exceeding the following rates, viz. For every four wheel pleasure carriage Rates of toll and horses, two shillings; for every two wheel pleasure car- thereof. riage, or sleigh and horses, one shilling; for every waggon and horses, nine pence; for every market sled and horses, nine pence; for every ox cart and oxen, nine pence; for every one horse cart and horse, six pence; for every man and horse, six pence; for every ox, cow or steer, two pence; for every sheep, hog or calf, one penny; for every single passenger, three pence.
II. And be it further enacted by the authority aforesaid, Prohibition That it shall not be lawful for any person or persons what- asia bridges, boats soever, to erect or cause to be erected any other bridge &c. over or across the said Haerlem-river to Morrissania, or to keep any scow, flatt or other vessel, to ferry any person over or across the said Haerlem-river from Morrissania to Haerlem, except for the private use of the inhabitants of the townships of Haerlem and Morrissania; and if any such bridge shall be erected, or such scow, flatt or other vessel be used as aforesaid, except by the inhabitants of the said townships of Haerlem or Morrissania, the owner of such bridge, scow, flatt or other vessel, shall pay to the said Lewis Morris, his heirs, executors, administrators or assigns, treble the toll herein before specified, to be recov ered in any suit or action of debt before any justice or justices of the peace having cognizance of the same.
[RESIDUE OF THIS ACT OBSOLETE.]
Haeriem-riv. er where to be made.
SESSION. CHAP. XXXI.
An ACT to enable John B. Coles to raise a Dam across Haerlem-River, and to amend an Act, entitled “ An Act for building a Bridge across Haerlem-River."
Passed the 24th of March, 1795.
W building a bridge across Harlem-river, passed March
HEREAS in and by an act entitled An act
31st, 1790, Lewis Morris, his heirs and assigns, were authorized at his and their own expense, to build a bridge across Haerlem-river, agreeably to the directions and dimensions therein specified, and for the term of sixty years, to ask, demand and take for the use of the said bridge, a toll not exceeding the rates in the said act mentioned; And whereas, The said Lewis Morris hath assigned his right to build the said bridge, and proposals have been made by John B. Coles to the assignees of the said Lewis Morris, to raise a dam of stone for the purpose of erecting mills thereon, and to be the foundation of the bridge aforesaid : Therefore,
A dam across I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That John B. Coles, his heirs and assigns, shall be and he and they are hereby authorized to build a dam across Haerlem-river, at such place as is or shall be determined on by the assignees of the said Lewis Morris, in pursuance of the act above recited and such dam shall be made of stone, and shall be so constructed as to be the foundation of the bridge aforesaid, and for collecting the water of the said river, for the use of grist and other mills.
A lock for boats how
II. And be it further enacted, That the said John B. conftructed. Coles, his heirs or assigns, at his and their own expense, shall make and keep in repair a lock, and shall provide and keep a sufficient person to attend the same, that no unnecessary delay may happen to those who may have occasion to pass through the said lock with boats; that the width of said lock be eight feet, and so constructed as that a vessel drawing two feet of water may at low water enter such lock, and that the length be forty feet.
Certain damages how af
III. And be it further enacted, That all persons whose certained and meadows and sedges may be injured, damaged or destroyed by the water so ponded up as aforesaid, shall be paid the amount of the damages he, she or they may so sustain, in the manner following: The amount of the damages that so as aforesaid shall be sustained, shall be determined, set and appraised by two justices of the peace, and by the oaths of twelve freeholders, not having any interest in the premises; and the said freeholders shall be summoned by a constable of the town or ward in which such damages shall have been sustained, by virtue of a