An ACT supplementary to the act, entitled 'An Act to establish a
Turnpike Corporation, for improving the road from the village of
Lansingburghm through Cambridge and Salem, to the house now occupied by
Hezekiah Leaving, in the town of Granville, and also from the house of John
Faulkner, junior, in Salem, to the line in Rupert, in the state of Vermont,
near the house of William Brown,' passed 1st April, 1799.
BE it enacted by the people of the state of New York, represented in the Senate and Assembly, That the Company known by the name of the 'President, Directors and first Company, of the Northern Turnpike Road,' shall and hereby is authorized to make a good and sufficient road, beginning ay Snyder's creek, where the said Northern Turnpike shall intersect the said creek, and from thence by Jonathan Yates's tavern, in Pittstown, on a direction as parallel with the Sinkoicke, as the shape of the land and the conveniency of the inhabitants will admit, to the Hosick river, at or near the place where Fonda's bridge was erected, keeping to the northward of Abraham Lake's house, on as direct a course by Jacob Merrit's store, to the Vermont line, as the said President, Directors and first Company, of the Northern Turnpike Road may deem necessary.
And be it further enacted, That the said President, Directors and Company, of the first Northern Turnpike road, shall, for the additional road hereby authorized, have and receive the same rates of toll, as is allowed them in and by the act whereby they were incorporated; and be entitled to the privledges and authorities; and be subject to the same limitation in the said act contained, as far as is consistant with the regulations, restrictions and provisions herein after prescribed.
And be it further enacted, That as soon as the said President, Directors and Company, shall eract a bridge across Hosick river, at or near the place where Fonda's bridge formerly stood, then in such case it shall be lawful for the said Company to erect a gate thereon, and demand and receive the same toll, as they are authorized to demand and receive, from persons passing through the gates on the said Turnpike road, for ten miles of the same.
And whereas, the said President and Directors, have by their petition represented to the Legislature, that the present stock of the said Company, is insufficient to complete the Turnpike as the law directs, without an additional stock, and have prayed the aid of the Legislature in the premises: Therefore,
it further enacted, That it shall be lawful for the President, Directors and Company of the first Northern Turnpike, to reeceive subscriptions to the stock of the said Company, until the whole number of shares shall amount to two thousand, in order that they may be enabled to complete the road, directed to be improved by this act, which shares shall together form the captial stock of the said Company.
And be it further enacted, That it shall be the duty of the Governor and Council of Appointment, to appoint three Commissioners, not interested in the said road, whose duty it shall be to lay out such road according to the best of their judgement and understanding, in such manner as that the object of the Corporation, and the general interest of the public shall be in the best manner effected, without favour or partiality, but to conform to the directions of this act, where it may be practicable; and that it shall be the duty of the Commissioners, so to be appointed, to deposit in the office of the Clerk of the county, through which said road shall pass, an accurate map of the survey of the same, designating the serveral particular points through which the said road shall passl and that the Commissioners for such services, shall be allowed at a rate of two dollars per day, which, together with the expences of surveying the road and recording the survey, shall be paid by the Corporation.
And be it further enacted, That if the aforesaid road shall be laid through any inclosed or improved or timber lands, the owner or owners thereof shall be paid such damages, as such owner or owners may sustain by reason thereof; which damages shall be determined and assessed, by two Justices of the Peace and fix reputable freeholders on oath, not having an interest in the land so laid out into a road as aforesaid; and the said freeholders shall be summoned by the Sheriff of the county, in which such road shall be laid out, by virtue of a warrant to be issued by the said two Justices of the Peace for that purpose; and the whole of the said damages, together with the charges of summoning the jury, shall be paid for by the said Corporation
And be it further enacted, That the road to be laid out by virtue of this avt, shall be made thirty-three feet wide between the ditches; and that there be ditches on each side of the turnpike, of sifficient width and sufficiently smooth for a good sleigh road whereever it is practicable; and the said road hereby directed to be laid out, shall be bedded with stone or other hard substance, not less than twenty-eight feet wide, so as to secure a solid foundation, and covered over at least six inches with gravel, so as to make the same firm and smooth.
And be it further enacted, That it shall not be lawful for the President and Directors, to enter into the lands of any citizen, contiguous to the road described in this act, and take timber or other materials therefrom, without having first agreed with the owner thereof for the same.
And be it further enacted, That it shall be the duty of the Governor and Councli of Appointment, to appoint three judicious disinterested persons, in the respective counties through which such turnpike road shall pass, with full power and authority, to examine the aforesaid turnpike road, and if on examination they find such turnpike road not constructed agreeable to law, or that the same is out of good repair, in either case they shall order the gate ot gates opened, which shall be kept open till the same shall be so constructed or put in good repair; and the said Commissioners shall receive, as a compensation for their services, each two dollars per day. Provided, That not more than two days service, shall be allowed in any one month to any one of the said Commissioners, which shall be paid by the Corporation.