any time before the first Tuesday of May, which will be in the year of our Lord one thousand eight hundred and eight, and that it shall on that day be lawful for the stockholders above mentioned, to assemble for the purpose of carrying the same into effect, any want of notice in the manner above prescribed, to the contrary in any wise notwithstanding. XIV. And be it further enacted, That it shall be the duty of the 30 directors to make half yearly dividends of so much of the profits of the said bank, as to them, or a majority of them, shall seem advisable; and that every cashier and clerk, before he enters upon the 31 duties of his office, shall give bond with two or more sureties, to be approved of by the directors for the time being, or a majority of them, in a sum not less than ten thousand dollars, for such cashier, and two thousand dollars for each clerk, conditioned for the faithful discharge of their several duties. XV. And be it further enacted, That the said corporation shall 32 not demand any greater interest on any loan or discount than at the rate of six per centum per annum. XVI. And be it further enacted, That this act be and is hereby 33 declared to be a public act, and that the same be for the time herein before limited, construed in all courts and places benignly and favourably, for every beneficial purpose therein mentioned. CHA P. XXXVIII. CONTENTS. 1. Turnpike companies, their privileges-51. When to be dissolved. What is requisite in applications for incorporations of. 53. ...... 47, 49. Accounts-50. Calls-49. Comptroller-48. Dividends—59 Interest. 13. Books of subscription and money, to be delivered to directors. 11. Bye-laws, president, and directors authorized to make. 18. Compensation to commissioners--29. To judge--30.To appraisers--58. To inspectors. 59. Complaints to inspectors of road, must be in writing. 54. Contractors, directors prohibited from being-55. Not to make sub-contracts. 4. Directors, nine to be chosen-9. Five a quorum-15. Their powers. May continue to receive subscriptions. 3. Election, first, when notice of to be given. 5. ...... 8. ...... Anniversary day of-6. Who to preside at. If not held on anniversary day may be held on any other. 34. Gates, governor when to permit to be erected-39. List of toll to be affixed over. 41. Guide-posts to be erected. 27. Highways required for turnpikes not to be taken till paid for-28. And to whom. 19. Land to be used for road, owners to be paid for-26. Not to be used till paid for. 20. In case of disagreement as to value, appraisers to be appointed-23. and sworn -24. Their duty-25. Inquisition-30. Compensation. .... 21. .... Notice to be given to the appraisers of 22. And to the owners. 40. Mile-stones to be erected. 42. Penalty, for injuring mile-stones, guide-posts, gates, &c. or refusing to pay toll. For avoiding gates-44. For misconduct of toll-gatherers. 43. .... 10. President, directors to choose. 16. Road, commissioners to lay out, three to be appointed. 17..... 33..... 56. .... Map of, to be filed-31. Dimensions and construction-32. With proviso. 46. Shares, deemed personal property and transferable. 2. Subscriptions to the stock of said companies, how made. 35. Toll, rates of 37. Who exempt from-38. On what carriages an abatement of. 35. Toll-gatherers to be appointed-36. Their duty-44, 57. Penalty on. 45. .... Companies when liable for penalties on. 12. Vacancies, how supplied. 7. Votes how apportioned, and may be given by proxy. 1 I. 2 BE AN ACT relative to Turnpike Companies. Passed March 13, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That all such persons as shall hereafter be incorporated by act of the legislature of this state, for the purpose of making a turnpike road, shall be a body corporate and politic, by the name which shall be given by that act, and by that name they shall be capable in law to purchase, have, hold, enjoy and retain to them and their successors, lands, tenements and hereditaments, goods, chattels and effects of every kind whatsoever, to the amount prescribed by such act: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end of the corporation therein enacted and made. II. And be it further enacted, That each of the persons, who shall be named in such act commissioners for receiving subscriptions, shall furnish himself with a book, which shall be kept open for that purpose during two years, and that every subscriber on such book shall be bound to pay to the president and directors, so to be incorporated, the sum which shall be fixed by such act of incorporation, as the amount of one share for each share which he shall subscribe, at such time and place as the said president and directors shall from time to time require, except one-tenth part thereof, which shall be paid to the commissioner with whom the subscrip3 tion is made at the time of subscribing; that as soon as one-sixth part of the whole number of shares which shall be fixed by such act as the capital of the said corporation shall have been subscribed, the said commissioners shall, by advertisement, to be published in two of the public newspapers printed nearest the route of the said road, giving at least thirty days notice of the time and place, when 4 and where the said subscribers shall meet to choose directors; and at the day fixed for the said meeting, the subscribers present shall choose by ballot nine stockholders, to be directors of the concerns of the said corporation for one year, and in such election the said 5 commissioners, or such of them as are present, shall preside; that every succeeding election shall be held on each succeeding year on 6 the same day on which the first election shall be made; and at the first and every succeeding election the stockholders present shall, by plurality of votes, elect three persons to preside at the then next succeeding election of directors, and the persons presiding at any election, shall, immediately after receiving the ballots, openly estimate the votes, and thereupon make and subscribe a certificate of the result of such election, and, after the first election, make return thereof to the president and directors at their next meeting af7 ter such election; that every stockholder shall, either in person or by proxy, at every such election, be entitled to one vote for every share he shall hold to the number of ten shares, and one additional vote for every five shares he shall hold above the number of ten 8 shares; that if such election shall not be held on any of the said annual election days, it shall be lawful to make such election at any other day, to be appointed for that purpose by the said president and directors, in like manner, and with like effect, as if the same had been held at the usual time; and the directors in office shall, in that case, be incapacitated after the said anniversary election day, from performing any act as directors, other than such as may be necessary to give such election effect; that any five of the said di-9 rectors shall be a quorum, and capable of transacting the business of the said corporation, and any act of the majority of the directors so met, shall be binding on the said corporation; and after every 10 such election the said directors elected, shall, immediately after having met, 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 place as they may find expedient and direct; and they 11 shall have the 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 they shall deem necessary for the well ordering the affairs of the said corporation; that in case of vacancy 12 by death, resignation or otherwise, in the office of director, the other directors in office may, by a majority of votes, supply such vacancy until the next annual election day; that whenever the president shall be absent from any of the meetings of the directors, the directors present, may, by plurality of votes, appoint another of their number president for the meeting, and they shall and may proceed and transact the business of the said corporation in like manner as if the president was present; and at the first meeting 13 of the first directors, to be chosen as aforesaid by the stockholders, the said commissioners above named shall deliver their respective subscription books, and pay over the monies received by them respectively on such subscriptions, to the president and directors of the said corporation; and the said president and directors may con- 14 tinue to receive subscriptions to the stock of the said corporation until the whole number of shares allowed to be subscribed shall be subscribed, and shall have power to appoint such officers, agents, 15 clerks, artists, workmen and others under them, as shall be necessary for executing the business of said corporation. III. And be it further enacted, That it shall be the duty of three 16 commissioners, not interested in any turnpike road, and not living in any county through which such road shall run, who shall be nominated and appointed by the person administering the government of this state, or any two of them, to lay out the road directed by such act of incorporation, according to the best of their judgment and understanding, without favour or partiality, in such manner that the object of the corporation and the general interest of the public shall in the best manner be effected; and it shall be the 17 duty of the said commissioners to deposit and cause to be filed in the office of the clerk of every county through which the said road shall pass, an accurate map of the survey of the same, in such county, designating the several particular points near or through which the same may pass; and each of the said last mentioned 18 commissioners shall be allowed at the rate of three dollars per day, for every day they shall be necessarily employed in the same, to be paid, together with the expense of surveying and filing the said map, by the presiden and directors of the company so to be 19 incorporated; and the president and directors of the company so to be incorporated, may contract and agree with the owners of the said lands, for the purchase of so much thereof as shall be necessary for the purpose of making the said road, and for the accommodation of gates and toll-houses, and all other works to the said road 20 belonging; and in case of disagreement between the said parties, with respect to the value of the land so as aforesaid to be laid out, and the damages, if any, to be done to the said land, or if the owner or owners shall be feme covert, insane, under age, or out of the county, then and in either such case, it shall and may be lawful for the said president and directors to apply to one of the judges of the court of common pleas, in and for the county in which such land shall be situated, not interested in the said road, who is hereby authorized and required to nominate, and by an instrument signed by him, to appoint three appraisers, being freeholders of the said county, and who shall not be inhabitants of any of the towns through which the said road shall pass, or interested in the said road or the 21 Jand to be appraised; and it shall be the duty of the said president and directors to give notice to the said appraisers of their appointment, who, or any two of them, shall thereupon name a day for meeting on the land, and perform the duties required of them by this act, which day shall not be more than twenty nor less than ten 22 days from such notice of their appointment; and the said president and directors shall give at least ten days notice to the owner or owners of such land, of the time when, and the place where the said appraisers shall meet, for the purpose of viewing the land, and assessing the damages, except in case the owner or owners shall labour under any of the disabilities aforesaid, or be absent, in either of which cases a copy of such notice may be left at the dwelling house of any of the parties, or other notorious place on the land 23 through which the said road shall pass and further, each of the said appraisers shall, before he proceeds to execute the trusts reposed in him by this act, take and subscribe an oath or affirmation in writing, before one of the justices of the peace of said county, for which he shall be so appointed, that he will without favour or partiality, estimate and assess the damages which may be sustained by the owner or owners of the land or improvements, which the said corporation may deem necessary to take and appropriate for 24 said road; and the said appraisers shall proceed to view the premises, 25 and having ascertained and determined the damages, shall make an inquisition under their hands and seals, or under the hands and seals of any two of them, describing the lands and stating the amount of the damages, (if any) which each or any of the owner or owners of any parcel of land used or to be used for such road, have sustained, or will sustain, which inquisition shall be acknowledged by the appraisers signing or proving the same before one of the judges aforesaid, and then by them filed, together with the affidavit aforesaid, in the office of the clerk of the county in which such land shall be situated, within thirty days after such view shall be had and inquisition made by the said appraisers; and the said clerk shall, at the expense of the said corporation, enter the same of record in the book kept by him for recording deeds; and the said president and directors aforesaid, upon paying the said several owners of the said lands, the several sums so assessed and awarded by the said appraisers in their said inquisition, shall and may have and hold to them and their successors and assigns for ever, the lands and tenements in the said inquisition described: Provided, That nothing 26 in this act contained shall be construed to authorize the said president and directors to enter upon such land for the purpose of making such road thereon, until they shall have paid such damages as may be agreed upon or appraised, according to the provisions of this act, if any person living on the land shall be authorized to receive the same, or if the same shall be lawfully demanded: And provid- 27 ed further, That nothing in this act contained, shall authorize any such president and director to take possession of any public highway, until such highway shall have been appraised and paid for in the same manner as is directed by law in cases of taking private property; and the amount of the highway so appraised, shall be paid to the commissioners of highways for the town through which such road runs, to be by them applied in improving the roads in such town as aforesaid: Provided always, That whenever any appraisement shall be made of the lands, whereon any turnpike road shall be laid on any old road, the appraisers shall set down the value of the soil and the improvements, and the sums which have been paid by any town for making such improvements, in separate sums; and the sum for which the soil is appraised, shall be paid to the 28 owner or owners of the soil, and the value of the improvements in making the old road, and the sums which shall have been so paid by any such town, shall be paid to the commissioners of highways of the town wherein such road shall be. IV. And be it further enacted, That the said president and di- 29 rectors shall pay to the judge who shall appoint the appraisers to assess the damages aforesaid, one dollar for his services, and to each 30 of the said appraisers, for every day necessarily attending to perform the duties required by this act, two dollars. V. And be it further enacted, That the said president, directors 31 and company, shall cause a road to be laid out not less than four rods wide, twenty-eight feet of which shall be bedded with stone, gravel, sound wood, or other hard substance, well compacted tcgether, and of sufficient depth to secure a good and solid foundation to the same; and the said road shall be faced with gravel or broken stone of a depth not less than nine inches, in such a manner as to secure a firm and even surface, rising in the middle by a gradual arch; and the ditches on each side of the said road shall, wherever practicable, be so made as to render the passing of sleighs therein easy, and where other roads shall intersect said turnpike road shall be so formed as that carriages may conveniently go on and off said turnpike road: Provided nevertheless, That where, on account of 33 the steepness of side hills or rocks, which render it impracticable in the opinion of the commissioners in any point or place thereof, to make and finish the said road of the full width as above describ |