feffed by two juftices of the peace, and by the oaths of fix refpectable and difinterested freeholders, who fhall be fummoned by the fheriff of the county of Albany, by virtue of a warrant to be iffued by the faid juftices for that purpofe. And in cafe of the infancy, coverture, infanity or abfence from this ftate of any fuch owners, it fhall be lawful for the faid prefident and directors, to take poffeffion of fuch land, and to fearch for and carry away fuch materials, the value and damages whereof fhall be afcertained and affeffed, in the manner above prescribed, and paid to the perfon or perfons entitled thereto on demand: Provided always, That zi the faid prefident and directors fhall in no cafe, cut and carry away timber or wood, or take and carry away any ftone fence, or fone collected for building, from any lands without having previbufly agreed with the owner for the purchase of the fame, and paid the price thereof; and on the payment of the value of the faid land, fo to be taken for the faid road, the right and title thereto fhall veft in the faid prefident, directors and company.

V. And be it further enacted, That as foon as the faid turnpike 22 road shall be completed, it fhall be lawful to and for the faid prefident, directors and company to erect two gates on the fame, and. to exact at each of the faid gates, the tolls herein after mentioned, that is to fay: For every fcore of theep, four cents; for every 23 fcore of hogs, four cents; for every score of cattle, ten cents; for every horfe and rider, or led horse, four cents; for every coach, chariot, coachee or phaeton, twenty cents; for every fulkey, chair or chaife with one horfe, ten cents; for every stage waggon, or other four wheeled carriage drawn by two horfes, oxen or any other animals, ten cents, and two cents for every additional horfe, ox or other animal; for every cart, fleigh or fled, drawn by two horfes, oxen or other animals, five cents, and for every additional horfe, ox or other animal, two cents; Provided, That nothing 24 in this act shall be conftrued to authorise the exaction of toil for any carriage loaded with an ordinary load of fire wood, turf, foffilcoal or hay, or the horfes, oxen or other animals drawing the fame; that no toll-gate thall be erected within three miles of the 25 junction of the weft fide of Lodge-ftreet with State-freet, in the faid city of Albany, or within three miles from the fixteen miles ftone aforefaid; fuch diftances to be meafured in the track of fuch turnpike road, and if the fame shall not touch the junction of Lodge and State-freet, then meafured from the range of the eaft fide of Lodge-ftreet, continued to the faid track. And pro- 26 vided further, That the mayor, aldermen and commonalty of the city of Albany, may whenever they thall deem it neceffary, for the convenience and accommodation of the inhabitants of the faid city, refume and caufe fuch part of the turnpike track, as fhall run within the limits of the faid city, to be pitched, levelled and paved in fuch manner as to them fhall feem pro, per; fo as that the faid prefident, directors and company, be exempted from any expence incurred by means of fuch pitching, levelling or paving, or keeping fuch part thereof as may be paved in repair; and that the faid turnpike road, fhall not be

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permitted to alter the level to be permanently eftablished by the faid mayor, aldermen and commonalty.

VI. And be it further enacted, That the faid prefident, directors and company, fhall always keep in good order and repair one or more turnpikes, for the paffage of perfons travelling on foot, at each of the faid gates, through which all fuch foot paffengers fhall at all times be permitted to pafs freely, without exacting 28 toll therefor; and that it fhall and may be lawful to and for the faid prefident and directors at any time, and for fuch time as in their difcretion they may think proper, to diminish the faid toll, or inflead of two gates to exact toll at only one gate; Provided, The toll exacted at fuch one gate, fhall not exceed in amount the fum which they are in and by this act authorifed to exact at the two gates collectively.

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VII. And be it further enacted, That the faid prefident and directors fhall cause a mile stone to be erected at the termination of each mile, and the diftance from the city of Albany to be fairly 30 and legibly marked thereon; and shall caufe to be affixed to each gate, and to preferve the fame in good condition, a printed lift of 31 the tolls which may be lawfully demanded; and that the faid prefident, directors and company may in their discretion, at any time hereafter, caufe trees to be planted either in the whole extent, or fuch parts thereof, as they fhall from time to time deem proper, on the fides of the faid road, within the limits prefcribed for its breadth, at fuch diftance and fo difpofed as to them shall feem meet.

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VIII. And be it further enacted, That if any perfon or perfons fhall wilfully break or throw down, or deface any mile-stone or guide-pofts, erected on the faid road for the information or convenience of the people of this state, or trees planted or growing thereon, or fhall cut, break down, or otherwife deftroy any of the gates or turnpikes which fhall be erected in purfuance of this act, every fuch perfon fhall be liable to pay treble damages to the faid prefident, directors and company; and if such treble damages fhall not exceed the fum of ten dollars, then the fum of ten dollars, to be recovered in an action of trefpafs, with cofts, by the faid prefident, directors and company, in any court having cognizance thereof; that if any perfon fhall forcibly pafs any of the faid gates without having paid the legal toll, every fuch perfon fhall pay to the faid prefident, directors and company, the fum of five dollars, to be recovered by them in manner aforefaid.

IX. And be it further enacted, That if any toll-gatherer fhall unreasonably delay or hinder any traveller or paffenger, at any of the gates, or hall demand or receive more toll than is by this act established, or fhall be prefcribed by the faid prefident and directors, he shall for every fuch offence forfeit and pay the sum of five dollars, to be recovered by action of debt by the perfon fo unreafonably delayed, hindered or defrauded, before any justice of the peace of the county in which furch offence shall have happened; and that if any perfon who fhall use the turnpike road, fhall evade the payment of tall, by going round the toll-gate, he shall forfeit

and pay four-fold the amount of toll which he would have been liable to pay if he had paffed through fuch gate with his horfe or other animal, or carriage, to be recovered in like manner, with cofts.

X. And be it further enacted, That any of the toll-gatherers, 35 may ftop and detain the horfes, cattle or carriages, riding the faid road, until the perfons on horseback or driving fuch carriages fhall pay the toll legally due, or may diftrain fuch, horfes, cattle or carriages, or any thing therewith being, or thereto appertaining, fufficient to fatisfy fuch toll, which diftrefs fhall be kept by the toll-gatherer for the fpace of twenty-four hours, and as foon thereafter as may be, fold at public vendue, either in the city of Albany or Schenectady, to the highest bid er, rendering the furplus on demand, if any there be, after fatisfying fuch toll and the cofts of diftrefs and fale, to the owner or owners thereof..

XI. And be it further enacted, That the faid prefident, direct, 36 ors and company fhall caufe regular books to be kept of their expenditures, in conftructing fuch turnpike road, of purchafing the land over which the fame fhall be laid out, of completing the fame by repairing or new recovering fuch parts as shall have been injured or impaired, and of all cofts, charges and expences, in any way relating to the fame, and thall as foon as the fame fhall have been completed and infpected in the manner herein after mentioned, exhibit an account thereof to the comptroller, who fhall examine and liquidate the fame; that if at any time there- 37 after, the faid prefident, directors and company fhall plant trees on either or both fides of the faid road, within the distance of three rods from a line drawn through the middle of the faid turnpike road, the expence of procuring, planting and preferving the fame, fhall in like manner be liquidated and added to, fo as to 38 compofe part of the aggregate expenditure of the faid company; and that whenever fuch fums, with fourteen per centum per annum on the fame, shall have been re-paid to the stockholders, the corporation hereby created fiall ceafe and determine..

XII. And be it further enacted, That the prefident and direc- 39 tors shall keep a just and true account of the production of fuch toll and of the monies from time to time expended, in the altering, repairing and management thereof; and that they fhall make 40 regular half yearly dividends of fuch productions, previoufly deducting the amount of all fuch monies fo expended in the repairing, altering and management of the faid road, and fhall publish the fame in one or more of the public newspapers printed in the city of Albany.

XIII. And be it further enacted, That the faid prefident, direc- 41 tors and company, may in their difcretion appropriate any public highway in the track of fuch turnpike road for the purpose of conftructing fuch turnpike road; Provided, They make another good and fufficient road contiguous thereto, and keep the fame in repair until fuch turnpike road fhall be completed.

XIV. And be it further enacted, That as foon as the faid turn- 42 pike road fhall be completed, the faid prefident and directors thail

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notify the perfon adminiftering the government of this ftate, who fhall thereupon appoint three perfons to view the fame, and report to him whether fuch turnpike road is well and fufficiently finished, according to the true intent and meaning of this act; and if fuch perfons or any two of them fhall report that it is fa finished, then it fhall be lawful for the perfon administering the government, by licence under his hand and the privy feal of the ftate, to authorife the faid prefident, directors and company to fix gates on the faid turnpike road,

XV. And be it further enacted, That three difinterested freehol ders fhall be appointed by the governor and council of appointment, whofe duty it fhall be upon complaint made on reafon able grounds, to examine the faid road from time to time, and whenever they fhall find the fame out of repair, to order the tollgate on fuch part of the faid road as fhall be fo out of repair, to be kept open until it fhall in their opinion be well and fufficiently amended and repaired; and that the faid commiffioners shall have and receive as a compenfation for their fervices, refpectively, the fum of two dollars for each day they fhall be neceffarily engaged in viewing and infpecting the faid road; Provided, Such viewing and infpection do not exceed two days in any one month of the year, which faid compenfation fhall be paid to fuch commiffioners by the faid prefident, directors and company.

XVI. Provided always, and be it further enacted, That nothing in this act contained shall authorife the faid prefident, directors and company, to ftop up or obftruct the old road between the city of Albany and Schenectady, on which the mile-ftones are now standing.

XVII. And be it further enacted, That if the faid turnpike road fhall not be completed in the manner herein before prefcribed, within five years from the paffage of this act, then this act fhall ceafe and be void; and the property acquired in land and improvement made on fuch turnpike road by the faid prefident, directors and company, fhall vest in the people of this state.

RENSSELAER AND COLUMBIA.

CHAP LXX.

CONTENTS.

Directors authorised to difpofe of additional Shares.

An ACT making additional Provision for completing the Rensselaer. and Columbia Turnpike Road.

B

Paffed March 30th, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall be lawful for the prefident, directors and company of the Renffelaer and Columbia turne pike road, to fell, for the purpose of completing the faid road, as many additional fhares, at twenty dollars each, as fhall be found

neceffary for the due completion thereof, fubject to the directions, provifions and true meaning of the acts paffed in relation thereto; Provided, That the whole number of additional fhares to be fold by virtue hereof, fhall not exceed two hundred.

1. Company authorised to encrease their Shares to 270.

2. Toll, Rates of, varied from former law.

An ACT to amend an Act, entitled "An Act to establish a Turnpike Corporation in the County of Orange.

Paffed April 1st, 1802..

Orange turnpike road, have by their petition reprefented to the legiflature, that they have completed the faid road, and that their prefent ftock proves infufficient to defray the expences of making the faid road, and erecting toll-houfes and gates on the fame; and for relief have prayed the faid act to be fo amended as to enable them to increafe their toll and number of shares : Therefore,

1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall and may be lawful for the prefident, directors and company of the faid turnpike road, to receive fubfcriptions to the flock of the faid company, until the whole number of fhares fhall amount to two hundred and feventy.

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II. And be it further enacted, That inftead of the rate of toll 2 allowed to be taken and collected, from all perfons ufing the faid road, as contained in the ninth fection of the faid act, it fhall and may be lawful for the faid prefident, directors and company, to appoint toll-gatherers, to collect and receive from all and every perfon or perfons ufing the faid road, or any part thereof, the tolls and duties following, that is to fay: For any number of miles not less than ten, the following fums of money, and fo in proportion for any greater or lefs diftance, to wit: For every score of fheep or hogs, ten cents; for every score of cattle, horses or mules, twenty cents, and fo in proportion for any greater or leffer number of fheep, hogs, cattle, horfes or mules; for every horfe or mule and rider, or led horfe or mule, fix cents; for every fulkey, chair or chaife with one horfe, eighteen cents; for every cart drawn by one horse or mule, nine cents; for every coach, coachee or phaeton, thirty-one cents; for every ftage waggon or other four wheel carriage, drawn by two horfes, mules or oxen, and for every cart drawn by two oxen, nineteen cents, and fix cents for every additional horfe, mule or ox; for every fleigh or fled, drawn