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such estate so to be purchased and held, shall be necessary to fulfil the end and intent of the corporation hereby created and made, and to no other use, intent or purpose whatsoever.
II. And be it further enacted, That John Chandler, Commission Jonathan Brooks, David M. Westcott, John D. Nichol ers appointed and Joseph Morrell, be and they are hereby appointed certain duties commissioners, to do and perform the several duties hereinafter mentioned, that is to say : They shall on or before the first day of June next procure five 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 the president, directors and com- . pany of the New-Windsor and Blooming-Grove turnpike road the sum of twenty-five dollars for every share of stock in the said company set opposite to our several and 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 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 the sum of five dollars for each share so subscribed, and the said commissioners shall as Thirteen die soon as one hundred shares have been subscribed, cause an rectors to be
chofer, advertisement to be inserted in the public newspapers published in the town of Goshen or Newburgh, giving at least twenty 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 i of choosing the said directors shall thereafter be the anni. #versary day for choosing directors ; and the said directors, who are to be elected by a plurality of the votes of the stockholders choose a pro. di present and of those who appear by proxy, shall immedimately proceed to the choice of one of their number for
president by ballot, and the said president and directors shall and may meet, from time to time, and at such times and place as they may by their bye-laws, rules, orders and regulations, not inconsistent with the constitution or laws of this state or of the United States, deem necessary for the well ordering the affairs of the said corporation ; Provided, That at the election of directors no per- Votes how
apportioned son shall have more than twenty votes, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share by him held under the said number.
III. And be it further enacted, That if at any meeting A president of the directors of said turnpike corporation the president be appointed. .. thereof shall not attend, then and in such case it shall and VOL. II.
may be lawful for the directors of such corporation to ap
point a president for the time being, Shares limit : IV. And be it further enacted, That the said president ed, &c.
and directors may continue to receive subscriptions to the stock of the said corporation until there shall be three hundred shares subscribed ; they shall have power to appoint such officers, agents, clerks, artists, workmen and others under them as shall be necessary for executing the
business of the said corporation. Authorities and privileges
V. And be it further enacted, That the said corporation, of the said by the president and directors, or by any agents, superincorporation. tendents, artists or other persons employed by them, may
enter into any lands where they may deem it proper to construct said road, and to lay out, survey and labour on such routes or tracts as shall be most eligible for a good and sufficient road between the places aforesaid, and contract with the owner or owners for the purchase of so much thereof as may be necessary for making said road, and
erecting and establishing gates, toll-houses, and all other Thi ce com. works to the said road belonging ; and in case of disagreebe appointed. ment between the said parties respecting the damages to
be done to said land, or if the owner or owners thereof shall be femes covert, insane or under age, or out of the state, then it shall and may be lawful for the said president and directors to apply to one of the judges or assistant justices of the court of common pleas in and for the said county of Orange, not interested in said road, who is hereby authorized and required to nominate, and by an instrument in writing signed by him, to appoint three commissioners, being freeholders of the said county, and who shall not be inhabitants of any of the towns through which the said road shall pass ; and it shall be the duty of the said president and directors to cause a copy of such appointment to be served on each of the said commissioners, who shall thereupon naine a day for meeting on the said lands and performing the duties required of them by this act, and also to give notice to the owner or owners of such lands of the said appointment, and the day being at least four days from the time of giving such notice, when and where the commissioners will meet for the purpose of examining the lands and assessing the damages (except the owner or owners shall labour under any of the disabilities aforesaid or be absent, in either of which cases a copy may be left at the dwelling house of the party, if any, or other notorious place on the land through which said road shall pass.;) And further, Each of said commissioners, shall before he proceeds to exercise the trust reposed in him by this act, take and subscribe an oath before one of the juslices of the peace in and for said county, that he will, without favour or partiality, estimate and assess the damages which may be sustained by the owner or owners of
any lands or improvements which the said corporation may deem necessary for the said road, and the commission. ers shall then proceed to view the premises, and having determined the damages shall make an inquisition under their hands and seals, or the hands and seals of any two of them, stating the amount of damages, if any, which each or any of the owner or owners of any parcel of land used or to be used for said road have sustained or shall sustain, which inquisition shall be acknowledged by the commissioners signing the same before one of the judges aforesaid, and filed, together with the affidavit aforesaid, in the office of the clerk of the said county of Orange, who shall, at the Duty of the expense, costs and charges of the president and directors county clerk. aforesaid, enter the same of record in the book kept by him for recording deeds, and the said corporation paying to the several owners of said lands the several sums awarded by such inquisition, shall have and hold to them, their successors and assigns for ever, the lands and tenements de scribed therein, and the president and directors aforesaid Compensation shall pay to the judge who made the appointment of said to the said commissioners two dollars for his services, and to eachers, &c. of the said commissioners for every day necessarily attend. ing the duties required of them by this act, two dollars and fifty cents.
VI. And be it further enacted, That it shall and may be further pow. lawful to and for the president, directors and company of ieseand the said corporation, and their superintendents, artists, fald corpora. workmen and labourers, with carts, waggons and other carriages, with their beasts of draft and burthen, and all necessary tools and implements, to enter upon the lands contiguous or near to the said road, first giving notice of such intention to the owners or occupants thereof, and doing as little damage thereto as possible, and repairing any breaches they make in the inclosures thereof, and making amends for any damages that may be sustained by the owners or occupants of such ground or improvements, by appraisement, in manner hereinafter directed ; and upon Damages how a reasonable agreement of the owners or occupants, if they
ascertained. can agree, or if they cannot agree, then upon an appraisement to be made upon the oaths of three indifferent freeholders, to be mutually chosen, or of any two of them ; or if the owner or occupants neglect or refuse to join in the choice, to be appointed by any justice of the peace of the county, and on tender of the appraised value, to take any timber, stone, gravel, sand or earth, being most conveniently situated for making and repairing the said road and turnpike, and to use the same in carrying on said work.
VII. And be it further enacted, That the said president, Road how to directors and company shall cause a road to be laid out at and made. least four rods wide, eighteen feet at least of which shall be bedded with wood, stone, gravel or any other hard sub
gates to be
stance, well compacted together, a sufficient depth to secure a good and solid foundation to the same ; and the said road shall be faced with gravel or stone pounded, or other small hard substance, in such manner as to secure a firm and as near as the materials will admit an even surface, rising towards the middle by a gradual arch, and they shall during the continuance of this act, maintain and keep the saine in good and perfect order.
VIII. And be it further enacted, That as soon as the pikes and
president, directors and company shall have perfected the erected said road, from either end of said road, not less than
five miles, and so from time to time any other like disa tance progressively, they shall give notice thereof to the governor of this state, who shall thereupon forth with nominate and appoint three skilful and judicious persons to view the same, and report to him in writing whether the said road is so far executed in a masterly and workmanlike manner according to the true intent and meaning of this act, and if they report in the affirmative, then it shall be lawful for the governor, by licence under his hand and the privy seal of the state, to permit and suffer the said president, directors and company to erect and fix such and so many gates or turnpikes upon and across the said road, as will be necessary and sufficient to collect the
tolls and duties hereinafter granted to the said corporaProvifo. tion from all persons travelling the same ; Provided al
ways, That there shall not be more than three gates in the
whole distance of the road above mentioned. Toll gather IX. And be it further enacted, That as soon as such road appointed
is perfected or such part thereof as aforesaid, and the same being examined and licensed in manner aforesaid, it shall and may be lawful for the president, directors and company to appoint toll-gatherers to collect and receive from all
and every person or persons using the said road the lolls Rates of toll. and duties hereinafter mentioned, that is to say : For any
number of miles not less than ten, the following sums of money, and so in proportion for any greater or less distance, to wit : For every score of sheep, eight cents ; for every score of hogs, eight cents ; for every score of cattle, eighteen cents ; for every horse and rider or led horse, five cents ; for every sulkey, chair or chaise with one horse and two wheels, twelve cents and an half ; for every chariot, coach, coachee or phaeton, twenty-five cents; for every stage-waggon or other four wheeled carriage drawn by two horses, and for every cart drawn by two oxen, twelve cents and an half, and three cents for every additional horse ; for every sleigh and sled six cents, if drawn by two oxen or two horses, and in like proportion
if drawn by a greater or lesser number of horses or osen; Authority to and it shall be lawful for any of the said toll-gatherers to the said toll. gatherers. stop any person riding, leading or driving any of the
ers to be
herein enumerated articles from passing through the said gates or turnpikes, until they shall have respectively paid the toll, not exceeding the rates above specified ; Provided always, That it shall and may be lawful for any person or persons, residing within five miles of any of the said gates or turnpikes to be erected on the said road, to compound by the year with the president and directors of the said corporation, for the privilege of using the said road and passing through the said gates or turnpikes ; and Certain perin case any such person or persons shall not be able to compound agree with the said president and directors upon the rate of composition, the same shall be determined in the manner provided by the fifth section of this act for ascertaining the value of lands that may be included in such road, except that it shall not be necessary for the inquisition or award of the commissioners to be acknowledged and recorded.
X. And be it further enacted, That if any person who Persons evadshall use the said road, shall with a view to evade the pay- to be dealt ment of the tolls required by this act leave the said road with. or go round the said gates, every such person shall for every such offence forfeit and pay to and for the use of the president, directors and company aforesaid, the sum of ten dollars, to be sued for in their names before any justice of the peace, by action of debt, to be recovered with costs of suit.
XI. And be it further enacted, That if any of the toll- Penalty on gatherers shall unreasonably delay or hinder any passenger for neglect of
duty. or traveller at any of the gates, or shall demand or require more toll than is by this act established, he shall for each and every offence forfeit
' and pay the sum of two dollars, to be recovered in manner and form aforesaid with costs of suit, in the name and for the benefit of the party delayed, hindered or defrauded, besides all special damages accruing to the person so stopped or delayed. XII. And be it further enacted, That the shares in the Stock deem.
ed perfonal said turnpike road shall be taken, deemed and considered to be personal estate, and shall and may be transferable, and all such transfer's shall be made and inserted in the books of the said president, directors and company.
XIII. And be it further enacted, That the said corpora- Mile-fones tion shall cause mile-stones to be placed on one side of the said road in its whole extent, whereon shall be marked in of top to be legible characters the respective number of miles from each gatc. the place of commencing the said road, and also shall cause to be affixed up in a conspicuous place at each gate or turnpike, a printed list of the rates of toll.
XIV. And be it furiher enacted, That the said corpora- Accounts how tion shall cause to be kept a fair and just account of all her er den sie divmonies received for toll on the said road, and shall make and when t* and declare a dividend of the clear profits and income (all and paid.
to be erected and the rates