road, in Mamakating hollow, in the county of Sullivan, until the same shall intersect the Neversink, or first Great South-Westera turnpike in the town of Liberty, in the county of Sullivan; in making which assessment, the said commissioners shall take into consideration the relative value of the lands so to be assessed, their contiguity to said road, their susceptibility of improvement, their local and natural advantages, and the benefit which, in their opinion, will result thereto, from making and opening the said road, and shall apportion the assessment thereon accordingly; but this section shall be so construed as to authorise the said commissioners, at their discreAssessment tion, to limit their assessment, so as not to exceed three miles on each fimited to 3 miles, &c. side of the said road, whenever, in the opinion of the said commissioners, the same shall be rendered equitable and proper, either by reason of any other turnpike road running near thereto, or otherwise, so that no land shall be liable to a double assessment, at the intersection with the main road: Provided always, that the said assessment so to be made by virtue of this act, shall in no case exceed the rate of eight hundred dollars per mile, in length, of said road, over and above the expenses and charges of making the said assessment: And provided further, that as it respects so much of the said road as passes through the lands of owners (if any) who may not have consented to this act, and made with their assessments, it shall be at the election of the said owners to have the said road a free road; which When a part election shall be made by a declaration thereof, to be filed with the commissioners appointed by this act, within six months after the said assessment shall be completed.

Proviso.

may be a free road.

made for

each town.

anake road

thro' their land, &c.

II. And be it further enacted, That the said commissioners shall Assessment make an assessment for each town through which the said road passes separately; and that the money raised in each town shall be expended therein, and not elsewhere, unless there remains a surplus after completing the road in and through the said town: Provided Persons may however, and be it further enacted, That in lieu of the payments aforesaid, it shall be lawful for any of the persons assessed, to make such road through his or their lands, or within the town in which his or their lands lie, under the inspection of the president and directors of the said company, so that the same be commenced by the first day of August next, and be completed within three years thereafter; for which such person or persons shall be allowed in his or their assessment, and in satisfaction thereof, at and after the rate of eight hundred dollars the mile, or such other sum as the said commissioners shall determine.

Map to be made of land aaxed.

III. And be it further enacted, That the said commissioners shall cause a map to be made of all the lands upon which they shall lay any such tax, or assessment, by virtue of this act, designating thereon the lots, or parts of lots, and the quantity of acres therein, which shall be by them assessed; and shall make out a report or assessment list, to accompany the said map; in which report or list they shall set down, distinctly, and as accurately as they shall be able to ascertain the same, the number or other proper description of the lots or parts of lots, so by them assessed, and the names of the owners thereof, so far forth as the said commissioners shall be able to ascertain the same, and also the amount or sum total of the assessment by them laid upon every and each of the said lots or parts

made.

Shall publish

of lots; and where an accurate description of the said lots, or the name or names of the owner or owners of the same cannot be obtained, then such description as has been made of such lot, piece or parcel of land, in the last assessment roll of the assessors of the town in which the same is situate, shall be taken and deemed to be a sufficient description thereof: and as soon as the said commissioners shall have completed the said assessment, they shall cause three copies of Three copies the said map and report, or assessment lists, to be made and sub- of map to be scribed with the respective names; one copy whereof shall be kept by each of the said commissioners until they shall have reviewed their said assessments as herein after directed; and the said commissioners shall thereupon cause notice to be published, for six notise, &e, weeks successively, in the newspaper printed by the printer to this state, one of the newspapers printed in the city of New-York, and one of the newspapers printed in the county of Orange, notifying all persons interested, that they have completed the said assessment, and that a list thereof is in the hands of the said commissioners, and the places respectively where the same may be seen and examined, by any such persons, or their agents, during one month from and after a certain day, to be specified in such notice; and that at the expiration of the said one month, they will meet on a certain day, and at a place to be specified in the said notice, to review the said assessment, upou the application of any person conceiving him or herself aggrieved: and it shall be the duty of the said commissioners, during the said one month, to submit the said assessment list and maps to the inspection of any person who shall apply for that purpose, and at such time and place thereafter, as shall have been notified by inspect map them as aforesaid, the said commissioners shall review the said sessment, and may correct or alter any mistake or inequality therein, on sufficient cause being shewn to their satisfaction; which assessment, after the same shall have been so reviewed as aforesaid, shall stand and remain unalterable; and the said commissioners shall immediately thereafter alter and corret the said maps, er lists, so as to comport with the said assessment, as the same shall be finally settled by them, and cause one of the said maps and lists, or a copy thereof, Where maple to be filed in the office of the clerk of the county of Sullivan; one &c. shall b other, or a copy thereof, to be deposited with the treasurer of said company; and one other thereof shall be kept by the said commissioners, or one of them; and such assessment shall thereupon become a lien on each of the said lots, pieces or parcels of land, respectively, so assessed.

as

Persons may

&c.

filed.

an oath.

IV. And be it further enacted, That each of the said commission- Commission ers, before entering on the duties prescribed by this act, shall take er shall take and subscribe an oath or affirmation before any person legally authorised to administer oaths, faithfully and impartially, according to the best of his judgment and ability, to execute the duties of a commissioner under this act, without favor or affection, which oath or affirmation shall be filed in the office of the clerk of the county of Sullivan.

shall enter

V. And be it further enacted, That the treasurer of the said com- Treasurer pany, before he shall enter upon the duties to be performed by him into a bondby virtue of this act, shall enter into boud to the people of this state, in the penal sum of five thousand dollars, with two sureties being

Proviso.

Treasurer.

Treasurer shall give public notive.

freeholders, to be approved of by any one of the judges of the court of common pleas of the county of Orange, jointly and severally in the said sum, conditioned that the said treasurer shall well, honestly and faithfully do and perform the duties enjoined on him as treasurer of the said company by virtue of this act, and honestly and faithfully pay over upon demand, to the person or persons, or bodies politic or corporate, all such sums of money as he shall from time to time receive for, or in behalf of any such person or persons, or bodies politic or corporate, or either of them, by virtue of this act; and upon any breach of the condition of the said bond, it shall be lawful for any court having jurisdiction thereof, upon motion in open court in behalf of the person or persons, or body politic or corporate aggrieved thereby, to cause the said bond to be prosecuted; and the person or persons, or body politic or corporate, in whose behalf the same shall be prosecuted, may assign such breaches as he or they shall think proper, and shall recover thereupon such damages as shall be assessed by a jury, together with the costs, as in other cases to be taxed; and such recovery shall not be a bar to any other suit to be brought for any other breach of the condition of said bond, either by the plaintiff in such recovery, or any other person or persons, or body politic or corporate: Provided however, that in all cases where by the act concerning costs the defendant would have been entitled to costs, in case any such suit had been brought in the name of any individual, the person or persons, or body politic or corporate, in whose behalf such suit shall have been commenced, shall pay costs to the defendant so to be taxed.

VI. And be it further enacted, That the sums so to be assessed upon the said lands, shall become due on the first day of December next, after the assessment hereby authorised shall have been comAssessments pleted; and shall be payable to the treasurer of the said company, payable to at his office, and that immediately after the said assessments shall have been completed, and the said maps and lists shall have been filed and deposited by the said commissioners as aforesaid, it shall be the duty of the said treasurer of the said company, to cause public notice thereof to be given, by publishing an advertisement at least six weeks successively in the newspaper printed by the printer to this state; one of the newspapers printed in the city of NewYork, and one of the newspapers printed in the county of Orange, thereby giving notice of the time when the said sum so assessed will become due, and at what place they are required to be paid: And also, that in case default shall be made in the payment of the same, or any of them, or any part of either of them, at or upon the day fixed for the payment thereof, that thereupon the said treasurer will on a subsequent day to be specified therein, and from day to day thereafter, and at a place also to be mentioned in the said notice, proceed to sell at public auction, all such lots, or parts of lots of land, or so much thereof as shall be sufficient to pay and satisfy the sums so assessed thereon respectively, together with costs of advertising and selling the same; and the said treasurer upon payment to him of the sum bidden for each of the said lots, or such part thereof as shall be sold by him for the purpose aforesaid, shall make and deliver to the person purchasing the same, a certificate describing the lands so repurchaser. spectively sold, and setting forth the amount paid him therefor, and

When trea

aurer shall sell at auc

tion

and give a certificate

two years,

the name of the person purchasing the same; and in case the owner or owners of such lands so sold, shall not within two years thereafter, Land may be redeem the same, by paying to the said treasurer, for the use of the redeemed in person who shall have purchased the same, the amount of the money paid by such purchaser therefor, together with interest thereon, at the rate of fourteen per cent. per annum; that then it shall be lawful for the said treasurer, to make and execute a deed or deeds for and if not, such land, to such purchaser; which deed or deeds shall be valid shall be vest and operative, to vest absolutely in such purchaser, and his heirs ed in tee. and assigns for ever, an estate in the said lands in fee simple.

the lands

VII. And be it further enacted, That it shall and may be lawful Allowance to for the said treasurer, to take and receive for the expenses of adver- treasurer. tising and selling any such lots or parts of lots, which shall be sold by him by virtue of this act, three per cent. upon the amount of the assessment laid upon such lots or parts of lots respectively.

VIII. And be it further enacted, That all the monies which shall be raised by means of said assessment, shall, as the same shall come into the hands of the treasurer of the said company, be appropriated by the president and directors of the said company, for making. Duties of the finishing and keeping in repair, that part of the said road lying between the said Minisink road and the said Neversink, or first great south western turnpike.

directors

shall be is

sued.

IX. And be it further enacted, That the said president and directors shall cause to be issued and delivered, upon application therefor at the office of the treasurer of the said company, to each person whose lands shall be so assessed as aforesaid, and who shall have paid the said assessment, either voluntarily or by sale of such lands, scripts for so many shares of the capital stock of the said company, When scripts paid up to twenty-five dollars on each share, as shall, at twenty-five dollars per share, amount to the sum by or for him paid to the said treasurer by reason of the said assessment: Provided always, That whenever it shall happen, that the sums so paid to the said treasurer, by or for any person so assessed, shall be such as shall leave any such person entitled to a part of a share of the said stock, it shall be the duty of the said president and directors to cause a script to be issued to such person for a full share of the said stock, upon the payment by such person to the treasurer, of so much as shall, together with such part as aforesaid, amount to the full nominal value of such share of stock.

missioners

may act.

X. And be it further enacted, That in case it shall happen, either by death, inability to attend, or other reason, that any one of the said commissioners shall not be present at the doing any of the duties to be performed by virtue of this act, any two of the said commission- Two com ers shall be authorised to do and perform the said duties, and the acts of any two of them shall be valid and effectual, as if the whole of the said commissioners were present at the doing thereof: And further, That the said commissioners shall be entitled to demand and Allowance of receive from the said company, two dollars and fifty cents each, per ers. day, for every day that such commissioners shall be engaged in the performance of the duty hereby created: Provided, however, that the Provise. said commissioners shall not be authorised to receive any compensation for keeping and exhibiting the said maps and lists as herein be fore required,

commission.

road.

XI. And be it further enacted, That the said commissioners sha Route of the have power to lay out and fix the route of the said road, where the same has not been done, and to alter the course thereof where the same is already laid out, in all or any places, where, in their opinion, the interests of the said company or public convenience shall require the same.

Completed in
Eve years.

XII. And be it further enacted, That the term of fiveyears from Road shall be the passing of this act be and the same is hereby allowed to the said president and directors, within which to make and complete the said road. And further, that this act and the act hereby amended, and the several acts in addition to the same, shall be taken and deemed to be public acts, and shall be favorably construed in all courts and places whatsoever, for the purpose of effectuating the objects meant and intended in and by the said acts.

May commute for labor, &c.

Provise.

Amended act revived.

Proviso in former act mended.

XIII. And be it further enacted, That it shall be lawful for the president and directors of the said company, to commute with any person whose property shall be so assessed, for the payment of the amount so assessed on his land, in labor on the said turnpike, or in any other thing necessary for or towards making the said road, or in the conveyance of land instead of the payment of money: Provided such commutation shall and may be beneficially applied by the said company for making and finishing the said road.

XIV. And be it further enacted, That the act hereby amended shall be and hereby is revived and continued in full force, and shall be construed in the same manner and have the like effect as if it had been passed prior to the twenty-first day of February last.

XV. And be it further enacted, That so much of the proviso in the fourth section of the act, entitled "an act to amend the act incorporating the Neversink turnpike road company, and for altering the name and style of the said company, passed the 28th day of March last," as limits the time authorising any person assessed in pursuance of the said act, to make such section of the said road through his or their lands, or within the town in which his or their lands lie, to the first day of May next, shall be and hereby is amended, by substituting the first day of October next: And also, that the com→ pensation to be allowed to him or them for making such road per mile or a less distance, instead of being fixed and determined by one person to be chosen by the company and the other by the individual, shall in every case be determined by the commissioners to be appointed in and by the first section of the said act, or any two of them, whose duty it shall be, in addition to their other duties at the time of laying out the said road, to ascertain and determine the sum or sums which any owner of such land shall be entitled to for making such road per mile, or any less distance, which shall include the necessary bridges and sluices; and the said commissioners shall duly certify every such estimate to the president and directors of the said company, which shall be binding on both parties in case of any disagreement as to the compensation for making the same, in case of any disagreement, of which determination any proprietor may have access and shall be entitled to a certified copy of the same.