Corporation created.

CHAP. 228.

AN ACT to incorporate the Auburn and Syracuse railroad company.

Passed May 1, 1834.

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

$1. Daniel Sennett, Ulysses F. Doubleday, Bradley Tuttle, David Monroe, Grove Lawrence, and William Porter, junior, with such other persons as shall associate with them for that purpose, shall be and they are hereby constituted a body politic and corporate, by the name of "The Auburn and Syracuse Rail-Road Company," with power to construct a single or double rail-road, between the village of Auburn and the village of Syracuse, on such route as a majority of the directors of said company shall determine; to transport, take and carry persons and property upon the same, by the power and force of steam, of animals, or of any mechanical or other power, or of any combination of them, for the term of fifty years from the passage of this act.

Time limited. $ 2. If the said corporation hereby created shall not, within two years from the passage of this act, commence the construction of said rail-road, and expend at least the sum of twenty thousand dollars thereon, and shall not within five years from the passage of this act, construct, finish and put in operation the said single or double railroad, then the said corporation shall thenceforth forever case, and this act shall be null and void.

Stock.

Commission.

subscriptions

S3. The capital stock of the said company shall be four hundred thousand dollars, which shall be divided into shares of one hundred dollars each; which shall be deemed personal property, and be trasnferable in such manner as the said corporation shall by by-laws direct.

$4. Daniel Sennett, Ulysses F. Doubleday, Bradley ers to receive Tuttle, John Seymour, Halsey Phelps, Stephen Van Anto stock. den, David Monroe, John Wilkinson, Grove Lawrence, Hezekiah Earll and William Porter, junior, shall be commissioners; whose duty it shall be, within two years from the passage of this act, at some suitable place in the village of Auburn, and in such other places as they or a majority of them shall direct, to open books to receive subscriptions to the capital stock of the said corporation; and thirty days' public notice shall be given by the said commissioners, of the time and place of the opening of such books, in one of the public newspapers printed in each of

the counties of Cayuga and Onondaga; and the said commissioners shall, at the time of any subscription by any person or persons, for the capital stock of said corporation, require the payment to them by the person or persons subscribing, of ten dollars towards and upon every hundred dollars so subscribed; and unless the same shall be paid, the subscription shall be invalid: And in case a greater amount of capital stock shall be subscribed for than the sum of four hundred thousand dollars, the said commissioners shall distribute the stock, in such manner as a majority of them shall deem most advantageous to the interests of the said corporation; but in case the capital stock of said corporation shall not all be subscribed for, then the said commissioners shall be authorized to reopen the said books, at such other times and places, and in such manner, and after such notice, as they, or a majority of them, shall direct; and whenever the said capital stock shall have been subscribed, and distribution made as aforesaid, or as soon thereafter as practicable, it shall be the duty of the said commissioners to give thirty days' notice, in a public newspaper in each of the counties aforesaid, and in the state paper, for a meeting of the stockholders, at such time and place as the said commissioners, or a majority of them, shall appoint, to choose thirteen directors: And such election shall be then and there made, by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy; each share of the capital stock entitling the stockholder to one vote: And the said commissioners shall be inspectors of the first election of directors of the said corporation, and shall certify, under their hands, the names of those duly elected, and deliver over the subscription money and books to the said directors: And the time and place of holding the first meeting of the directors shall be fixed by the said commissioners. And the said directors shall cause such examinations and surveys for the said rail-road to be made, as may be necessary to the selection by them of the most advantageous line, course or way, for the said road, on the route set forth in the first section of this act; and the said directors shall, after such examinations and surveys shall be made, select, and by certificates under their hands and seals, designate the line, course or way, which they shall deem most advantageous for the said rail-road; one of which certificates shall be filed in the office of the clerk of each of the counties aforesaid, which line, course or way, so selected and certified, shall be deemed the line, course or way, on which the said corporation shall construct, erect, build or make the said rail-road as hereinafter mentioned.

Directors.

Election.

Real estate.

$5. The first directors to be chosen shall hold their offices until the first Monday in June in the year next succeeding their election, and until others shall be chosen; and every election of directors thereafter shall be annually on the first Monday in June, in each and every year, at such time and place in either of the counties aforesaid. as the said directors shall appoint, giving thirty days' previous notice, in the manner prescribed for giving notice by the commissioners for the opening of the books. Every such election shall be held under the inspection of five stockholders, not being directors, who shall be previously appointed by the board of directors. All elections shall be by ballot, and a plurality of the votes present shall constitute a choice. One at least of the said directors shall reside in each of the counties before mentioned. In case of an equal number of votes for any two or more directors, the remainder of the directors shall, by ballot, determine who shall be entitled to a seat at the board. Every stockholder shall be entitled to one vote, personally or by proxy, on every share held by him thirty days previous to such election.

$6. In case it should at any time happen that an election of directors shall not be held on any day when, pursuant to this act, it ought to have been held, the said corporation shall not for that cause, be deemed to be dissolved; but such election may be held at any other time directed by the by-laws of said corporation, within sixty days after the day on which it should have been held.

$7. The corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary for accomplishing the objects for which this incorporation is granted; and may, by their agents, surveyors and engineers, enter upon and take possession of and use, all such lands and real estate as may be indispensable for the construction and maintenance of their single and double railroad or way, and the accommodations required and appertaining thereto; and may also receive, hold and take all such voluntary grants and donations of land and real estate, for the purpose of said road, as shall be made to the said corporation, to aid in the construction, maintenance and accommodation of the said single or double rail-road or way; but all lands or real estate thus entered upon, which are not donations, shall be purchased by the said corporation, of the owner or owners of the same, at a price to be mutually agreed upon between them; and in case of a disagreement as to price, and before making any portion of said road on said land, the said corporation may apply by petition to the vice-chancellor of the

seventh circuit, setting forth therein the necessity of such lands for making said rail-road, and of the attempt and failure to purchase the same, with the name and residence of the owner, and the reasons why the purchase cannot be made, together with a map, plan and profile of said road; and the said vice-chancellor shall issue his warrant to the sheriff of the county in which said lands are situated, under his hand and seal, directing him, in person or by deputy, to sunimon twenty-four disinterested freeholders residing in towns through which said road does not pass, and not of kin to the owners of such lands, nor interested in the stock of said company, or of kin to those who are, to assess the damages to be sustained by the laying out of such road and appropriating said lands to the uses of said company; and shall therein specify the time and place at which the jury shall meet, and the county judge who shall there attend to the drawing of said jury, and also the notice of the time and place which shall be given to the said owner or owners. At the time and place designated, the said judge shall draw by lot out of the persons attending to serve as a jury, and the first six persons drawn, who shall be free from all legal or reasonable exceptions, shall be the commissioners to assess said damages and the value of said lands. In all cases, before assessing said damages, the commissioners aforesaid shall be sworn by the said judge well and truly to determine and assess the value of the land and the damages as hereinafter directed; and the above mentioned petition, together with the said map, plan and profile, shall then be delivered to said commissioners. The said commissioners shall cause due notice, in writing, to be served on said owner or owners, or in case of absence, to be left at his or their usual place of residence, of the time when they will act in the premises. They shall examine the lands: may administer oaths, and hear testimony, and shall make their appraisement in writing without delay, under their hands, with a minute and accurate description of the land appraised, with the map thereof, awarding to the owner or owners thereof what they shall deem to be the full value thereof; as also the damages, if any, they may otherwise sustain from the making and maintaining of said road, and report the same, with the testimony taken, to said vice-chancellor acting in the premises. He shall examine the said report, and if required by either, hear the parties in relation thereto, and increase or diminish the amount of the award if he shall be satisfied that injustice. has been done. The commissioners shall be allowed two dollars each per day for their services, and the said judge, sheriff and witnesses such fees as the said vice-chancel

Rights of minore, &c.

Regulations as to travelling.

Crossing

streams or rouds.

lor shall adjudge reasonable and just, to be paid by said corporation. Upon proof to the said vice-chancellor, to be made within thirty days after his determination, of payment to the owner, or of depositing to the credit of the owner in such incorporated monied institution as the vice-chancellor shall direct, of the amount of said award, and the payment of all expenses, the vice-chancellor shall make an order or decree, particularly describing the land, and reciting the appraisement of damages and the mode of making it, and all other facts necessary to a compliance with this act; and when the said order or decree shall be recorded in the office of the clerk of the county in which said lands are situated, whose duty it shall be to record the same, receiving the usual fees for recording, the said corporation shall be possessed of all such land or real estate, and may enter upon and take possession, and use the same for the purposes of the said road.

S8. In case any married woman, infant, idiot, or insane person, or non-resident of the state, who shall not appear after such notice, shall be interested in any such land or real estate, the chancellor or vice-chancellor shall appoint some competent and disinterested person to appear before the said judge and commissioners, and act for and in behalf of such married woman, infant, idiot, insane person or non-resident.

S9. The said corporation is hereby authorized to construct, erect, build, make and use, a single or double railroad or ways, of suitable width and dimensions, to be determined by the said corporation, on the line, course or way designated by the directors as aforesaid, as the line, course and way whereon to construct, erect, build and make the same; and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same; and shall have power to erect and maintain such toll-houses and other buildings as shall be necessary for the accommodation of their concerns.

S 10. Whenever it shall be necessary for the construction of their single or double rail-road, to intersect or cross any stream of water or water-coures, or any road or highway, being betwixt the places prescribed by the first and fourth sections of this act, it shall be lawful for the said corporation to construct their single or double rail-road across or upon the same; but the corporation shall restore the stream or water-course, or road or highway thus intersected, to its former state, or in a sufficient manner not to have impaired its usefulness; and shall moreover erect and maintain sufficient fences upon the sides of the route