De Wolf, Eli Savage and Henry Seymour, shall be com missioners to receive subscriptions to the capital stock of the corporation, and for apportioning the same among the subscribers, agreeable to the provisions of this act.

$ 5. The said commissioners for receiving subscriptions Payment for stock, may receive subscriptions for shares of stock, to be paid in materials or labor, from any person who may for that purpose become a contractor for making any part of said road.

sub:cription

36. It shall be the duty of said commissioners, within Books of one year after the passage of this act, to give notice once in each week for three weeks in succession, in one news paper in each of the counties of Oneida, Madison, Otsego and Chenango, of the time when the books will be opened, at some convenient place in the city of Utica, and villages of Bridgewater and New-Berlin, for receiving subscriptions to the capital stock of said corporation: and one or more of said commissioners shall attend at the time and place appointed by said notice for the opening of the said books, and for three days successively, and during at least six hours of each day, shall continue to receive subscriptions to the capital stock of said corporation, from all persons who will subscribe thereto agreeably to this act."

ment.

$7. Each subscriber at the time he subscribes, shall First paypay to the commissioners one dollar on each share of stock by him subscribed.

S8. If at the expiration of the time mentioned in the Distribution sixth section of this act, it shall appear that more than the requisite number of shares have been subscribed, it shall be the duty of the commissioners to distribute the same among the subscribers in such manner as they shall deem equitable and proper...

subscrip

tions.

$ 9. In case the capital stock shall not be fully taken up Additional during the time specified in the preceding sixth section, it crip shall be the duty of the commissioners, from time to time, to take such further measures as they may deem necessary, in order to fill up the subscription of said stock.

S10. The concerns of said company shall be managed Directors. by seven directors, to be chosen annually by, and from among the stockholders.

$ 11. Within thirty days after the stock shall have been Meeting of thus apportioned, the commissioners shall give notice of stockholders the time and place at which a meeting of the stockholders will be held for the choice of directors; such notice shall be published once a week for three weeks successively, prior to the time therein appointed for such election, in

Election.

Votes.

Officers.

Surveys.

Road how to be made.

To be com menced in two years.

newspaper published in each of the counties of Oneida, Madison, Otsego and Chenango.

$ 12. At the time and place appointed for that purpose, the commissioners, or some of them, shall attend; and the stockholders, or their proxies duly appointed in writing, shall proceed to elect, by ballot, the requisite number of directors. The commissioners present shall preside at the election, and shall certify the result under their hands; which certificate shall be recorded in the books of the corporation, and shall be sufficient evidence of the election of the directors therein named. All future elections shall be conducted in the manner prescribed by the by-laws of the corporation.

$ 13. Each stockholder shall be allowed as many votes as he owns shares of stock at the commencement of any such election, and a plurality of votes shall determine the choice; but no stockholder shall be allowed to vote at any election after the first upon any stock that shall have been assigned to him at any time within thirty days prior to the time at which such election shall be held.

$14. The directors shall hold their offices for one year following their election, and until others are elected in their stead. They shall appoint one of their number as president, and a suitable person for secretary of the corporation; they may also appoint such other officers as the interest of the corporation may require, who shall hold their offices at the pleasure of the directors.

$ 15. The said directors, after the necessary surveys and examinations have been made by competent engineers appointed by them for that purpose, shall designate and determine the line, course or way on which said road shall be constructed, and shall file a map containing a description and profile of the road-as located, in the clerk's office of the county of Oneida....

$ 16. The said road shall be laid out at least fifty feet, and may at the discretion of the directors be laid out four rods wide. Eighteen feet of said width shall be covered with pounded stone of durable quality, at least ten inches thick, so as to form a smooth surface, with a crown of four inches, and shall be constructed and maintained strictly upon McAdam's improved plan for constructing roads.

$ 17. The said corporation shall be allowed two years from the passage of this act for the commencement of the construction of said road, and in case the same shall not be completed within five years thereafter, the privileges herein granted shall be forfeited.

$18. As soon as said road is completed in manner afore- Rates of toll. said, it shall be lawful for the said corporation to erect four toll gates on the same, or so many half toll gates as shall be equal thereto, at such places as the said corporation may deem best, provided no more than one half toll gate shall be placed within four miles of Utica, and that no such gate shall be so erected, that the distance between any two gates shall be less than four miles, and take and receive for passing the same, tolls not exceeding the following rates, that is to say: For every chariot, coach, wagon, cart, or any other carriage drawn by two horses. or other beasts, eighteen and three-fourth cents; for every additional horse or other beast, three cents; for every chaise, chair, sulkey, wagon, or other carriage drawn by one horse or other beast, nine cents; for every sleigh or sled drawn by two horses or other beasts, six and onefourth cents; for every additional horse, two cents; for every sleigh or sled drawn by one horse or other beast, four cents; for every horse and rider or led horse, four cents; for every score of mules, horses or cattle, twelve and an half cents; for every score of sheep or swine, five cents, and so in proportion for a greater or less number of cattle, horses, mules, sheep or swine. If half toll gates shall be erected, then the said corporation shall take and receive for passing the same, only half the above rates of toll. The above rates of toll shall not be increased, but may be reduced by said corporation, should they deem it expedient: and as soon as eight miles of said road shall be completed, the said corporation may erect a gate on the same, and take and receive tolls for passing the same, at the rates above specified; and so on as often as eight miles shall be completed on any part of said road; provided, as above, that no more than a half toll gate is within four miles of Utica.

$ 19. The said corporation shall continue to be a body corporate and politic for the term of fifty years.

Duration of

act.

$20. The said corporation shall possess the general General powers and be subject to the general restrictions and lia- powers. bilities prescribed in the first title of the eighteenth chapter of the first part of the Revised Statutes, except so far as the same are altered by this act.

$21. The legislature may at any time alter, modify or Right to rerepeal this act.

peal.

Location

may be chan god.

Commissions

Joad.

CHAP. 52.

66

AN ACT to amend an act entitled, “ An act to establish a corporation for improving and making a turnpike road from Newburgh to New-Windsor," passed April 2, 1806. Passed March 26, 1834.

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

$1. The president and directors of the Newburgh and New-Windsor turnpike road company, are hereby authorized to change the location of their road, so that it may pass on or near the margin of the river, instead of passing over the hill near the village of New-Windsor.

$ 2. Aaron Noyes, Samue! Parmenter and James G. Pra to lay out Clinton, are hereby appointed commissioners, who, or any two of them, shall lay out said road according to the intent and meaning of the first section of this act, without favor or partiality, according to their best judgment and understanding, in such manner as shall best promote the objects of the corporation and the interest of the public; and shall cause an accurate survey and map of such alterations to be made and filed in the office of the clerk of the county.

Their pay.

$ 3. Each commissioner for each day he shall be necessarily employed in the performance of such duty, shall receive the sum of two dollars, to be paid, together with the expenses of surveys and maps, by the said corporation. Appraisers of $4. Appraisers for the purpose of assessing the dama"ges to be sustained by the owners of property through which this portion of the road shall pass, shall be appointed, and perform their duties in the manner provided by the first title of the eighteenth chapter of the first part of the Revised Statutes of the state of New-York...

damages,

Tolls.

$ 5. Instead of the tolls heretofore allowed to be demanded by the said company, for every chair, sulkey, chaise or cart, drawn by one horse, and for every chariot, coach, coachee, phaeton, stage, wagon or cart, or other -four wheeled carriage, drawn by two horses, mules or oxen, the said company shall hereafter be authorized to demand and receive the following tolls, to wit: for every carriage, wagon or cart of whatever description, drawn by one horse, mule or ox, the sum of four cents; for every carriage, wagon or cart of whatever description, drawn by two horses, mules or oxen, six and one-quarter cents; and for every additional horse, mule or ox, two cents; the said company shall not be authorized to demand or receive any toll from foot passengers,

$6. This act shall not take effect unless the said presi- Certificate to dent, directors and company of the Newburgh and New-be filed. Windsor turnpike road shall, within thirty days from the passage thereof, file a certificate of their assent to the same, in the office of the clerk in the county of Orange. $7. The legislature may at any time amend, alter, Right to modify or repeal this act, or any of its provisions.

CHAP. 53.

AN ACT to incorporate the Genesee manual labor semi

nary.

Passed March 27, 1834.

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

repeal.

S1. Harvey Putnam, Martin O. Coe, John Munger, Corporation Amos Kingsley, Richard Peek, Russel Whiting, and such created. other persons as may associate, are constituted a corporation, by the name of "The Genesee Manual Labor Seminary," to be located in the town of Bethany, in the county of Genesee, and by that name shall have succession, and may hold, purchase and convey real and personal estate, to the annual value of ten thousand dollars.

$2. The object of this institute, is the cultivation of all Object. the branches of a literary and scientific education, in connexion with a more extensive application to the practical business of life, than is usual in our existing institutions, and by uniting manual labor with study, to promote vigor of bodily constitution, provide facilities whereby young men may attain an education, and to unite the advantages of a cultivated mind with the feelings and habits of a working population.

$ 3. The concerns of said corporation shall be managed Directors. by fifteen directors; and the first directors shall be Harvey Putnam, Martin O. Coe, John Munger, Amos Kingsley, Richard Peek, Russel Whiting, Gilbert Crawford, Calvin Wells, Herbert A. Reed, Daniel T. Fowler, Phica M. Ward, Augustus Frank, Moses Ordway, Martin C. Ward and Isaac Oaks.

$ 4. On the first Monday of June next, the directors Classes. shall be divided into three classes, of five each: the first class to hold their offices until the first Monday of June, one thousand eight hundred and thirty-five; the second until the first Monday in June, one thousand eight hun