Corpora

tion created

Stock.

General

powers.

Commissioners to

and Joseph Rector, in full for their damages as awarded by said commissioners, except so much as is due to said commissioners for their services under the provisions of this act. §3. This act shall take effect immediately.

CHAP. 47.

AN ACT to incorporate the Delaware Turnpike Company.
Passed April 8, 1845, by a two-third vote.

The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

§ 1. All persons who shall become stockholders pursuant to this act, are hereby constituted a body corporate by the name of the Delaware Turnpike Company, for the purpose of constructing a turnpike road from the termination of the Schoharie-Kill bridge turnpike, in the town of Blenheim, to the eastern termination of the Charlotte turnpike, in the town of Harpersfield, on the most eligible route, and as near as may be consistent on that surveyed by commissioners appointed at the last session of the legislature for that purpose. § 2. The capital stock of said corporation shall be five thousand dollars, to be divided into shares of twenty-five dollars each.

§3. The corporation hereby created, shall possess the general powers and privileges, and be subject to the general liabilities and restrictions of turnpike companies, as prescribed in the first title of the eighteenth chapter of the first part of the Revised Statutes, except so far as the same may be at variance with this act.

§ 4. Stoddard Stevens, John Sherman and Johnson B. lay out road Bragg, are hereby appointed commissioners to receive subscriptions for, and distribute the stock of said company; and Frederick A. Fenn and Thomas Montgomery of Prattsville, and Ira Hubbard of Conesville, are hereby appointed commissioners to lay out said road.

Road how to be con

§ 5. Said corporation shall make a good and sufficient structed. road, and shall make the bed of said road twenty-two feet wide; and when the steepness of hills, rocks, or other obstacles, renders it unnecessary, in the opinion of the commissioners, to complete it of that width, it shall be lawful for said. corporation to make it of less width, and without a ditch on the lower side; but in no place shall the bed of said road be less than twenty feet wide.

Rates of toll.

§ 6. As soon as the said road shall be completed and approved according to law, the said corporation may erect and

maintain one toll-gate between the public house now kept by
George Prime, near the Delaware river, and the western ter-
mination of the turnpike road of the Schoharie-Kill Bridge
Company, and with the consent of any three judges of the
court of common pleas of Delaware county, may, after six
days notice of such application shall have been served upon
the commissioners of highways of the town in which the
gate is located, remove the same from time to time, as they
may see fit, to any place on their said road, between the said
public house and the said western termination of said turn-
pike road, and collect thereat the following tolls, to wit:
For every wagon or cart drawn by one horse, mule or ox,
two cents; for every wagon or cart drawn by two horses,
mules or oxen, four cents; for every additional horse, mule
or ox, attached to such wagon or cart, one cent; for every
stage, stage-wagon, chariot, coach, coachee, phaeton, curricle,
or other pleasure carriage, drawn by two horses, eight cents;
and for every additional horse attached to such carriage, one
cent; for every chaise, chair or sulky, or other pleasure car-
riage, drawn by one horse, four cents; for every sleigh or
sled drawn by one or two horses, mules or oxen, two cents;
and for every additional horse, mule or ox, attached to such
sleigh or sled, one cent; for every horse and rider, two cents;
for every horse led or driven, one cent; for every score of
cattle or mules, seven cents; for every score of sheep or
hogs, four cents; and so in proportion for a greater or less
number; and said corporation may also erect and maintain
one toll-gate between the Delaware river and the eastern ter-
mination of the Charlotte turnpike road, and with the consent
of any three judges of the court of common pleas of Dela-
ware county, may, after six days notice of such application
shall have been served upon the commissioners of highways
of the town in which the gate is located, remove the same
from time to time, as they may see fit, to any place on their
said road between the said Delaware river and the eastern
termination of said Charlotte turnpike road; provided the
said company shall in no case place the said gates on the east
and west side of said river within five miles of each other;
and collect thereat double or twice the amount of toll which
they are allowed to collect at their other said gate, as pro-
vided for in the foregoing part of this section.

§7. The stock, property and concerns of said turnpike Directors. company, shall be managed by five directors, to be elected annually by the stockholders of said company.

may be used

§ 8. It shall be lawful for the corporation to use the bed Old road ofthe old Susquehannah turnpike road, wherever the commissioners appointed by this act for laying out the road may deem it expedient.

§ 9. This act shall take effect immediately.

Time may be extended

Branch may

be constructed.

СНАР. 48.

AN ACT in relation to the receiver of the Farmers' Bank of Orleans.

Passed April 8, 1845.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The chancellor, if it shall appear to his satisfaction, by proof, upon the application of the receiver of the Farmers' Bank of Orleans, that there are claims or demands in favor of the said bank, in the hands of the said receiver, in the course of collection or litigation, in respect to which the said receiver cannot close the concerns of the said bank within the time that may be allowed to him for that purpose by existing laws, without great injury to the parties who are to be benefited by the successful prosecution of such claims or demands, may allow to the said receiver such further time. as the chancellor shall deem reasonable, not exceeding one. year, in addition to the time that may be allowed by existing laws to close the concerns of the said bank, in respect to such claims or demands.

§ 2. This act shall take effect immediately.

CHAP. 49.

AN ACT authorizing the New-York and Erie Railroad Company to construct a branch, terminating at the village of Newburgh.

Passed April 8, 1845, by a two-third vote.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The New-York and Erie Railroad Company are hereby authorized to construct a branch of their road, with a single or double track, from their main line, commencing at a point in Orange county, not exceeding one and a half miles east of the village of Chester in said county, and running from thence through said county, where the directors of said company may direct, to the Hudson river, in the village of Newburgh, at such point as may be agreed upon between said. company and the trustees of the said village of Newburgh, and running through Front-street in said village to the north

part thereof, under the direction of the said trustees, to transport, take, carry and convey property and persons as they may or can do on their main road; and they are further authorized to purchase of the Delaware and Hudson Railroad Company all or any part of their lands, grants, improvements, rights, privileges, franchises, immunities, materials and surveys, for a sum to be agreed upon between said companies; and when said purchase shall be so made and completed, then all the lands, grants, improvements, rights, privileges, franchises, immunities, materials and surveys of the said Delaware and Hudson Railroad Company, shall vest in the New-York and Erie Railroad Company, as fully as though the same had been originally granted to the last mentioned company, or acquired under their original charter, and as fully as they are now vested in the said Delaware and Hudson Railroad Company, during the continuance of the charter of the said New-York and Erie Railroad Company: Provided, nevertheless, that the said New-York and Erie Railroad Company shall not connect their road with any road leading into Pennsylvania or into New-Jersey, west of Shawangunk ridge, or construct their road into New-Jersey or Pennsylvania, west of Shawangunk ridge, by virtue of any power contained in the charter of the said Hudson and Delaware Railroad Company.

§ 2. The legislature may at any time alter, amend or repeal this act.

§3. This act shall take effect immediately.

СНАР. 50.

AN ACT to amend an act entitled "An act to provide for the construction of a railroad from Skaneateles to the Auburn and Syracuse railroad," passed May 19th, 1836, and the several acts amending the same.

Passed April 10, 1845, by a two-third vote.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

reduced.

. § 1. The election of the several boards of directors of Elections said company at any time heretofore made is hereby confirmed, confimmber and the present directors of said company shall hold their of directors offices until the first Monday in June next, on which day and thereafter, the number of directors of said company shall be reduced to five, and the election of directors of said company at any time hereafter shall be held under the inspection of

Land how to be ac

quired.

V. S. mail.

three persons not being directors of said company, who shall be previously appointed by the board of directors.

§2. The said corporation, in case they shall not be able to agree with the present owner or owners of so much of the land or lot number nineteen, in the original township of Marcellus, formerly owned by Ansel Frost, upon which said railroad has been located and constructed, notwithstanding said road has been made, located, constructed, and put in operation without said corporation having acquired a legal right thereto, as against the present owner or owners, may present a petition to the first judge of the court of common pleas in and for the county of Onondaga, setting forth the particular location of said road over said piece of land, and the failure to obtain the same by agreement, and the name and residence of each owner, if known, together with a map, plan, and profile of so much of said road, and praying for the appointment of a jury of appraisers; and thereupon such proceedings shall be had, to assess the value of such land, and for the payment thereof, in reference to such application as is provided for by the seventh section of the act entitled "An act to provide for the construction of a railroad from Attica to Buffalo," passed May 3d, 1836, as the same was passed; and all the provisions of said section of said act not inconsistent with this act, shall apply to such proceedings, and the said corporation shall become possessed of such land in the manner and to the extent as provided for, in and by said seventh section, upon the said appraisement being made and paid by said corporation as in and by said act and this act is provided.

§3. It shall be the duty of the said company, when applied to by the postmaster-general, to convey the mails of the United States on the said road; and in case they shall not agree with him as to the rate of compensation therefor, and as to the time, manner and condition of carrying the same, it shall be lawful for the Governor of this State to appoint three commissioners, who, or a majority of them, after fifteen days' notice in writing to said company, shall determine and fix the prices, terms and conditions aforesaid.

§ 4. This act shall take effect immediately.