CHAP. 50. AN ACT to incorporate the Chemung turnpike road com pany. Passed March 25, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: created. $1. All persons who shall become stockholders pursu- Corporation ant to this act, are hereby constituted a body corporate, by the name and style of "The Chemung Turnpike Road Company." ers. $ 2. The corporation hereby created, shall possess the General powgeneral powers and privileges, and be subject to the general liabilities of turnpike incorporations, as prescribed in the first title of the eighteenth chapter of the first part of the Revised Statutes of this state, except so far as the same shall be altered by this act. S3. The capital stock of said corporation, shall consist Stock. of two hundred and forty shares of twenty-five dollars cach, and Jacob Lowman, Isaac Shepard and Ninolia T. Wynkoop shall be commissioners to open books and receive subscriptions; and the said commissioners may receive subscriptions for shares of stock, to be paid in labor from any person who may for that purpose become a contractor for making any section thereof. $ 4. The said corporation may construct a turnpike Route of road, commencing at or near the east end of the lower road. narrows, (so called) and terminate at or near the west end of the upper narrows, (so called) following as near as may be, the track of the public highway leading from and to the above points. $5. The said road may be constructed of such mate- Road how to rials as the natural surface of the ground may afford, and be made. of a width of not less than twenty feet, except where the steepness of sidehills, rocks or other obstacles, renders it impracticable or unnecessary in the opinion of the commissioners to complete it of that width, it shall be lawful for said company to make and complete it of such less width, and without a ditch on the lower side, as the commissioners may direct, but in no place, however, shall the said road be less than fifteen feet wide. $6. As soon as said road shall be completed and appro- Rates of toll. ved according to law, the said corporation shall be authorised to erect one toll gate, or two half toll gates on said turnpike road, and receive the following rates of toll for Right to repeal. passing said toll gate, or half the following rates at each half toll gate if they should be erected. For every sulkey, chair, chaise, or any other carriage, waggon or cart drawn by one horse, mule or ox, six and a quarter cents; for every stage, waggon, coach, coachee, or any other carriage, waggon or cart drawn by two horses, mules or oxen, twelve and a half cents; for every additional horse, mule or ox attached to such carriage, waggon or cart, three cents; for every sleigh or sled drawn by two horses, mules or oxen, six and a quarter cents, and for every additional horse, mule or ox, three cents; for every sleigh or sled drawn by one horse, mule or ox, four cents; for every horse and rider, four cents; for every horse led or driven, two cents; for every score of cattle or mules, twelve and a half cents; for every score of sheep or hogs, six cents, and so in proportion for a greater or less number. $7. The legislature may at any time alter, modify or repeal the act. Corporation created. Route of road. Stock. Commission ers. CHAP. 51. AN ACT to incorporate the Utica and New-Berlin Mc- Passed March 26, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1 All persons who shall be stockholders pursuant to this act, are hereby constituted a body corporate, by the name of "The Utica and New-Berlin McAdam turnpike company." $ 2. The said corporation shall have the right to construct, and during its existence shall maintain and continue a good and permanent McAdam turnpike road, on the most direct and convenient route, from the city of Utica, through the village of New-Hartford, to the four corners in the village of Bridgewater; from thence, by the most direct and practicable route, to the village of New-Berlin, in the county of Chenango. 3. The capital stock of said corporation shall be one hundred and fifty thousand dollars, and shall be- divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct. 4. Augustus C. Welch, Joshua Lamb, Noah Ely, Samuel Campbell, James Platt, Theodore S. Faxon, Jabez De Wolf, Eli Savage and Henry Seymour, shall be commissioners to receive subscriptions to the capital stock of the corporation, and for apportioning the same among the subscribers, agreeable to the provisions of this act. $5. The said commissioners for receiving subscriptions Payment. for stock, may receive subscriptions for shares of stock, to be paid in materials or labor, from any person who may for that purpose become a contractor for making any part of said road. subscription. $6. It shall be the duty of said commissioners, within Books of one year after the passage of this act, to give notice once in each week for three weeks in succession, in one newspaper in each of the counties of Oneida, Madison, Otsego and Chenango, of the time when the books will be opened, at some convenient place in the city of Utica, and villages of Bridgewater and New-Berlin, for receiving subscriptions to the capital stock of said corporation: and one or more of said commissioners shall attend at the time and place appointed by said notice for the opening of the said books, and for three days successively, and during at least six hours of each day, shall continue to receive subscriptions to the capital stock of said corporation, fram all persons who will subscribe thereto agreeably to this act. ment. $7. Each subscriber at the time he subscribes, shall First paypay to the commissioners one dollar on each share of stock by him subscribed. of stock. S8. If at the expiration of the time mentioned in the Distribution sixth section of this act, it shall appear that more than the requisite number of shares have been subscribed, it shall be the duty of the commissioners to distribute the same among the subscribers in such manner as they shall deem equitable and proper. tions. $9. In case the capital stock shall not be fully taken up Additional during the time specified in the preceding sixth section, it bripshall be the duty of the commissioners, from time to time, to take such further measures as they may deem necessary, in order to fill up the subscription of said stock. $10. The concerns of said company shall be managed Directors. by seven directors, to be chosen annually by and from among the stockholders. $ 11. Within thirty days after the stock shall have been Meeting of thus apportioned, the commissioners shall give notice of stockholders. the time and place at which a meeting of the stockholders will be held for the choice of directors; such notice shall be published once a week for three weeks successively, prior to the time therein appointed for such election, in a Election. Votes. Officers. Surveys. Road how to be made. To be com monced in two years newspaper published in each of the counties of Oneida, Madison, Otsego and Chenango. $12. At the time and place appointed for that purpose, the commissioners, or some of them, shall attend; and the stockholders, or their proxies duly appointed in writing, shall proceed to elect, by baliot, the requisite number of directors. The commissioners present shall preside at the election, and shall certify the result under their hands; which certificate shall be recorded in the books of the corporation, and shall be sufficient evidence of the election of the directors therein named. All future elections shall be conducted in the manner prescribed by the by-laws of the corporation. 13. Each stockholder shall be allowed as many votes as he owns shares of stock at the commencement of any such election, and a plurality of votes shall determine the choice; but no stockholder shall be allowed to vote at any clection after the first upon any stock that shall have been assigned to him at any time within thirty days prior to the time at which such election shall be held. $ 14. The directors shall hold their offices for one year following their election, and until others are elected in their stead. They shall appoint one of their number as president, and a suitable person for secretary of the corporation; they may also appoint such other officers as the interest of the corporation may require, who shall hold their offices at the pleasure of the directors. $15. The said directors, after the necessary surveys and examinations have been made by competent engineers appointed by them for that purpose, shall designate and determine the line, course or way on which said road shall be constructed, and shall file a map containing a description and profile of the road as located, in the clerk's office of the county of Oneida. $ 16. The said road shall be laid out at least fifty feet, and may at the discretion of the directors be laid out four rods wide. Eighteen feet of said width shall be covered with pounded stone of durable quality, at least ten inches thick, so as to form a smooth surface, with a crown of four inches, and shall be constructed and maintained strictly upon McAdam's improved plan for constructing roads. $17. The said corporation shall be allowed two years from the passage of this act for the commencement of the construction of said road, and in case the same shall not be completed within five years thereafter, the privileges herein granted shall be forfeited. $18. As soon as said road is completed in manner afore- Rates of toll. said, it shall be lawful for the said corporation to erect four toll gates on the same, or so many half toll gates as shall be equal thereto, at such places as the said corporation may deem best, provided no more than one half toll gate shall be placed within four miles of Utica, and that no such gate shall be so erected, that the distance between any two gates shall be less than four miles, and take and receive for passing the same, tolls not exceeding the following rates, that is to say: For every chariot, coach, wagon, cart, or any other carriage drawn by two horses or other beasts, eighteen and three-fourth cents; for every additional horse or other beast, three cents; for every chaise, chair, sulkey, wagon, or other carriage drawn by one horse or other beast, nine cents; for every sleigh or sled drawn by two horses or other beasts, six and onefourth cents; for every additional horse, two cents; for every sleigh or sled drawn by one horse or other beast, four cents; for every horse and rider or led horse, four cents; for every score of mules, horses or cattle, twelve and an half cents; for every score of sheep or swine, five cents, and so in proportion for a greater or less number of cattle, horses, mules, sheep or swine. If half toll gates shall be erected, then the said corporation shall take and receive for passing the same, only half the above rates of toll. The above rates of toll shall not be increased, but may be reduced by said corporation, should they deem it expedient: and as soon as eight miles of said road shall be completed, the said corporation may erect a gate on the same, and take and receive tolls for passing the same, at the rates above specified; and so on as often as eight miles shall be completed on any part of said road; provided, as above, that no more than a half toll gate is within four miles of Utica. $19. The said corporation shall continue to be a body Duration of corporate and politic for the term of fifty years. act. $ 20. The said corporation shall possess the general General powers and be subject to the general restrictions and lia- powers. bilities prescribed in the first title of the eighteenth chapter of the first part of the Revised Statutes, except so far as the same are altered by this act. $21. The legislature may at any time alter, modify or Right to rerepeal this act. peal. |