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.