CHAP. CCXIV. AN ACT to alter and amend the act, entitled" an act to incorporate the Mount Hope and Lumberland turnpike road company.” Passed April 11, 1817. Tax. I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the act, eutitled “an act to incorporate the Mount Hope and Lumberland turnpike road compa- Former act uy," be so altered and amended that the president and directors aneaded. hereinafter named, shall have full power and lawful authority to impose, levy and collect the tax hereinafter mentioned, on all lands within three miles on each side of said turnpike, at right augles therefrom, commencing on the west line of the expeuse lot, nearbe dwelling house of col. William A. Cuddeback, in the town of Deerpark, county of Orange, and to terminate at the narrows or big eddy, on Delaware river, in the town of Lumberland, county of Sullivan; which tax, when collected, shall be applied to the making of the said road, within the limits aforesaid. II. And be it further enacted, That George D. Wyckham, John Duer, Benjamin Woodward, Charles Murray, Benjamin B. New Directors. kirk, Abraham Cuddeback and Oliver Calkins, shall be the first directors of said company, to hold their office until the first Monday in December in the year one thousand eight hundred and eighteen, and until others be elected in their stead; and that George D. Wyckman shall be the first president of said company. Road to be laid out and sessed. II. And be it further enacted, That the said president and directors shall, as soon as may be after the passing of this act, cause the said road to be laid out and damages assessed, according to law, damages as and immediately thereafter cause all lands within three miles of said road, on each side thereof, to be surveyed parallel with the same, desig nating the number of the lot or part of the lot as accurately as can be, from the best information and the number of acres in each lot or part of lot contained in such survey, also designating the number of acres in each and every half mile from said road, on each side thereof, commencing on the west liue of the expense lot aforesaid, to the Delaware iver aforesaid, and cause four maps thereof to be Lands sur made, one to be filed in the comptroller's office of this state, oue in veyed. the clerk's office in Orange, one in the clerk's office of Sullivan and one for the use of the company. Commission. IV. And be it further enacted, That three commissioners, to be appointed by the person administering the government of this state, ers to collect and the council of appointment, shall be authorised, and they are tax. hereby required, to levy and collect the following tax on the lands aforesaid, to wit: On the first half mile on each side of said road, fifty cents per acre; on the next and adjoining half mile on each side, twenty cents per acre; on the next and adjoining half mile, eight cents per acre; on the next and adjoining half mile, three cents per acre; on the next and adjoing half mile, two cents per acre; on the next and adjoining half mile, one cent per acre, making in the whole three miles on each side of said turnpike road; and the said commissioners as aforesaid, or a majority of them, shall list of lands. When sell tion. Purchaser to tificate. Shall publish make a list of the said land, designating the number of acres in each lot included in each half mile from said turnpike road, together with the amount of the tax thereon, agreeable to said assessment, and cause the same to be published in the paper printed by the printer to this state, and in one of the papers printed in Goshen, Orange county, once in each week, at least three months, giving notice, that unless the owner or owners of such land pay one half of the said fax assessed on their lands, within twelve months from the time of giving such notice, and the other half of said tax within thirty days after the said road is completed and gates erected, the said lands, or so much thereof as will be sufficient to pay the tax due, will be sold at public vendue to the highest bidder; and the said commissioners shall give at least three months notice of the time and place of sale of any of the lands sold by virtue of this act, in the two newspapers aforesaid; and if any of the owners of said land shall them at auc- refuse or neglect to pay the said tax assessed as aforesaid pursuant to the said notice, when the same becomes due, that then the said president and directors shall have full power to sell said land to the highest bidder, or so much thereof as will be sufficient to pay the tax due, and on receiving the money of the purchaser or purchasers, the said president and directors shall give to said purchaser a certificate, specifying the number of acres purchased, the amount paid, designating the boundaries as near as practicable, subject to redemption for two years, by the owners refunding the said purchase money, together with an interest thereon, at the rate of fourteen per Proviso. cent. per annum: Provided 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 two years thereafter, for which such person or persons shall be allowed on his or their assessmeut, and in satisfaction thereof, at and after the rate of five hundred dollars the mile, or such other sum as the said commissioners to be appointed by this act, or a majority of them, within six months after the assesment shall be completed, shall determine: And provided further, that as it respects so much of the said road as passes through the lands of any person or persons (if any) who may not have consented to this act, it shall be at his or their election to have that part of the said road which may have been made by such person or persons as aforesaid, or by his or their assesment, a free road or part of said turnpike road, which election shall be made by a declaration thereof, to be filed with the commissioners by this act appointed, within six months after the assessments shall be completed. Redeemable. Each town assessed sepa rately. Lands may V. And be it further enacted, That the said commissioners shall 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 surpluss after completing the road in and through the said town. VI. And be it further enacted, That the owner or owners of any be redeemed lands sold by virtue of this act, may at any time within two years redean the same, by paying to the purchaser the amount of the pur within two Jears. propor chase money paid, together with interest at the rate of fourteen per 259 ers of land may yote. VII. And be it further enacted, That each and every owner or owners of lands subject to the tax aforesaid, after paying the first When owninstallment, or one half of said tax, shall be entitled to vote at elections for directors, for the number of shares equal in amount to their respective taxes, in the same manner as if they had subscribed those shares, and shall be considered stockholders to the amount of the tax to which their lands is subject. lected. VIII. And be it further enacted, That no part of said tax shall When tax be collected until the inhabitants residing within three miles of said may be cok turnpike road, from its commencement at Mount Hope to the west line of the expense lot, have subscribed in stock to said road, to the amount of five hundred dollars per mile, and the working of said road be actually contracted for by the said president and directors, and all other stock subscribed, to be laid out in such place and manner as the said president and directors shall think best for the benefit of the whole route. IX. And be it further enacted, That the said president and directors shall have full power to open books for the subscription of stock, and keep the same open until the whole number of shares be subscribed which is authorised in the act hereby altered and amended, including the tax hereby imposed, and all matters relating to said turnpike, not particularly mentioned in this act and the act hereby amended, shall be ordered and directed according to the provisions of the act, entitled "an act concerning turnpike roads," passed April 10, 1813. X. And be it further enacted, That on the payment of the aforesaid tax, the said president and directors shall make out the number of certificates of stock that each lot shall be entitled to, for the use and benefit of the said land owners, which said certificate shall have the same effect as certificates given for subscriptions to the stock of the said company. Directors to open books. ers. XI. And be it further enacted, That the commissioners appoint- Allowance to ed by this act to levy the tax on the non-resident lands, and to per- commission form the other duties enjoined on them by this act, shall be allowed and paid by the said president, directors and company, two dollars and fifty cents for each and every day that they shall be necessarily employed in the discharge of the duties of their said appointments. СПАР. ССХУ. AN ACT to appoint commissioners to lay out a road in the counties of Genesee and Allegany. Passed April 11, 1817. I. BE it enacted by the people of the State of New-York, repreCommission sented in senate and assembly, That Elizur Webster, Josiah ers. Route. Commission. oath. Churchill and Thomas Dole, or any two of them, be and they are bereby appointed commissioners to lay out a public highway, of the width of four rods, commencing at the great road leading from Canandaigua to Buffalo, within the first range of townships of the land of the Holland land company; thence south through the town of Warsaw, ou the best and most practicable route to intersect the Allegany road, and as much further, on a direction to Olean point, as the said commissioners shall think the public good may require. 11. And be it further enacted, That the said commissioners, beers to mak- fore they enter upon the duties aforesaid, shall take and subscribe an oath, before a justice of the peace, to lay out said road without favor Their duties, or partiality; and they shall, after laying out said road, cause to be made an accurate map of the survey of so much of said road as shall fall within the county of Genesee, and cause the same, with the field notes of the survey, to be filed in the clerk's office of said county; and shall cause to be made a like map of the survey of so much of said road as shall fall within the county of Allegany, and cause the same, with the field notes of the survey, to be filed in the clerk's office of said county; and shall also cause a like map and field notes of so much of said road as shall fall within each town,to be filed in the clerk's offices of such towns respectively; and if the said road shall be laid through any improved lands, the damages shall be appraised and paid, and the road opened and improved in the same manner as prescribed in the act to regulate highways; and the commissioners, and their surveyor, shall be allowed each two dollars and fifty cents per day for the time they shall be necessarily employed in the duties aforesaid, and such reasonable sum for the contingent expenses as the supervisors shall direct; and if either of the said commissiouers shall do and perform the duties of surveyor, he shall be allowed one dol lar per day, in addition to his pay as commissioner as aforesaid. 11. And be it further enacted, That the supervisors of the said Counties through which the said road may pass, shall audit the account of said commissioners, and cause the same to be assessed, collected and paid, as part of the contingent expenses of said counties: Provided, that the sum paid by each county, shall be in proportion to the time expended in laying out said road in such county. CHAP. CCXVI. AN ACT authorising the town of New-Rochelle to receive certain monies. Passed April 11, 1817, WHEREAS by the last will and testament of William Henderzon, late of the town of New-Rochelle, deceased, the sum of twelve hundred dollars was bequeathed unto the aforesaid town of NewRochelle, for the purposes therein mentioned-Therefore, BE it enacted by the People of the state of New-York, represented in senate and assembly, That Gideon Coggeshall, Matson Smith and John G. Clark, trustees, duly elected and appointed by the said town of New-Rochelle, are hereby authorised and empowered to receive from the executors of William Henderson, late of the said town of New-Rochelle, deceased, such sum or sums of money as, by the last will and testament of the aforesaid William Henderson, is given and bequeathed to the said town of New-Rochelle; and that they, or a majority of them, or their successors, hereafter chosen by the said town of New-Rochelle, have full power to use, lay out and expend said money as by the said will is directed. CHAP. CCXVII. AN ACT relative to the outlet of the Owasco lake, in the county of Cayuga. Passed April 11, 1817. WHEREAS the act declaring, among other things, that the Owasco creek, or outlet of the Owasco lake, shall be a public highway up to the first fall in the same, is uncertain, inasmuch as it is difficult to ascertain where the first fall in said creek or outlet is situated; and the owners of lands adjoining thereto are unable to determine whether the erection of mill dams on certain parts thereof, are obstructions of a public highway or not, to the great detriment of the public interest-Therefore, BE it enacted by the People of the state of New-York, represcnted in senate and assembly, That the act declaring the Owasco creek, or outlet of the Owasco lake, now within the bounds of the county of Cayuga, a public highway, shall be so construed as not to prohibit, in any manner, the erection of mill dams across said creek or outlet, wherever the fall in the same is such as to admit of a pond being raised sufficiently high to drive any mill machinery, in the same manner as the owners of the land adjoining said creek or outlet, or flowed thereby, might have done if said law had never been passed. |