and place appointed by the commissioners, the vote shall be by ballot, and each stockholder shall be entitled to one vote on each share of stock held by him, and which shall have stood in his name fourteen days previous to any election, which may be voted personWho to be ally or by proxy; the directors so elected shall elect

chosen

president and sec

retary.

Penalty for evading toll.

from their number a president and secretary, the secretary to be ex officio treasurer of the company, and said directors shall hold their office until the first day of January after such election, and until others are elected in their places; all future elections of directors shall be annually by ballot as above provided, upon the day or days named in the by-laws of the company for such election, and the persons having the greatest number of votes shall be directors.

$7. If any person or persons shall pass the said bridge, either forcibly or secretly, without paying, and with intent to evade the payment of toll, such person or persons shall forfeit to the said company the sum of five dollars for each offense, to be recovered with costs of suit; and if any person or persons shall dig down, remove or injure any of the banks of said river, at or near the said bridge, so as to endanger, injure or destroy the same, or shall willfully do or cause to be done any act whatsoever, whereby the said bridge, toll-house, or anything appertaining thereto, or to either of them, shall be impaired, weakened or injured, the person or persons so offending shall forfeit and pay to the said company treble damages with costs, to be recovered in any court having cognizance thereof.

S8. The powers granted by this act shall be in force forty years after the completion of said bridge. $9. This corporation shall possess the powers and be subject to the provisions contained in the third title of the eighteenth chapter of the Revised Statutes.

Chap. 529,

AN ACT to change the time of holding the Circuit Court and Court of Oyer and Terminer, in and for the county of Lewis.

Passed April 22, 1867.

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

SECTION 1. The circuit court and court of oyer and terminer, which has been appointed to be held in and for the county of Lewis, on the fourth Tuesday of October, eighteen hundred and sixty-seven, shall be held instead thereof, at the court-house in Lowville, in said county, on the third Tuesday in October, eighteen hundred and sixty-seven.

$2. Notes of issue shall be filed, and the calendar for the trial of civil causes shall be made up for the said last mentioned day, and all notices of trial shall be held to apply to the said day, and all bonds, recognizances, drawing of, and notices and summons for the attendance of grand and petit jurors, shall be held to be applicable to, and shall be returnable at said last mentioned day, and the said court shall proceed thereon as if that had been the day originally appointed for the holding of said courts.

$3. It shall be the duty of the Secretary of State, immediately upon the passage of this act, to transmit a certified copy thereof to the clerk of the county of Lewis, whose duty it shall be forthwith to publish the same for the space of four weeks in all the public newspapers published in the county of Lewis.

$4. This act shall take effect immediately.

185

Corporators.

First directors.

Capital stock

Turnpike road and tow-path, route of

Who to appoint commissioners.

Chap. 530.

AN ACT to incorporate the "Wappinger's Turnpike and Navigation Company."

Passed April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Theodore R. Wetmore, Josiah Faulkner, Joseph D. Harcourt, Daniel McKinlay, Arminius W. Armstrong, Joseph Faulkner, Jr., Edward M. Goring, Henry Cole, James Marlor, and their successors, are hereby constituted a body corporate for the term of fifty years, by the name of the "Wappinger's Turnpike and Navigation Company," possessing all the powers conferred on and subject to all the duties imposed upon turnpike companies by articles one, two, three and four of title one, chapter eighteen, part one of the Revised Statutes, except as herein otherwise provided.

S2. The persons above named shall be the first directors of the company, to hold office for one year, and until others shall be chosen. The capital stock of said company shall be a sum to be fixed by the said directors, not exceeding the sum of fifteen thousand dollars, and not less than five thousand dollars; to be divided into shares of twenty-five dollars each.

S3. The company hereby created shall have the right to construct and maintain a turnpike road and a tow-path, to be used by teams in towing the boats upon the Wappinger's creek, or such road only, or the two jointly, as they shall deem best, upon or near the banks of the Wappinger's creek, and in the town of Fishkill, in Dutchess county; the same to run from some point in the present highway near the house of Josiah Faulkner, to the road leading from Hughsonville to New Hamburgh, at a convenient junction near Drake drawbridge.

$ 4. Upon petition of a majority of the directors of the company who are above named, the county court of Dutchess county shall, by an order in writing, appoint three freeholders of the said county, not

Powers and

duties of

commis

sioners.

sioners to

etc.

inhabitants of the town of Fishkill, and not interested in any of the lands through which the road shall pass, as commissioners, and shall also, from time to time, fill in the same manner any vacancy which may occur, by death or resignation, of any of such commissioners; such commissioners to have the powers and perform the duties of the commissioners provided for by section seventeen of the title of the Revised Statutes above referred to; and also to possess all the powers and be liable to the duties of the appraisers, provided for by section twenty-six of the title of the Revised Statutes above referred to. 35. The commissioners directed to be appointed Commis herein, after the completion of said road and tow- view road, path, or either of them, shall, at the request of the president and directors of the said company, view the road and tow-path, or road only, as the case may be, and if they shall determine that the same is completed in a workmanlike manner, according to the requisitions of the title of the Revised Statutes referred to, they shall thereupon execute, under their hands and seals, and cause to be filed in the Dutchess county clerk's office, a certificate to that effect. 36. From and after the filing of such certificate it shall be lawful for the president and directors of said company to erect and maintain a toll-gate, and enforce the collection of tolls thereat, according to the provisions of the title of the Revised Statutes above referred to.

Certificate

of approval, where to be filed.

Toll-gate.

57. The rates of toll to be collected at the gate so Tolls. to be erected, shall not exceed the following: For every vehicle drawn by one animal, five cents; for every vehicle drawn by two animals, eight cents; and for each additional animal more than two, attached thereto, three cents; for every horse and rider, or led horse, three cents; for every score of cattle, ten cents; and for every score of sheep or swine, five cents; and in the same proportion for any greater or less number of cattle, sheep, or swine. For one animal engaged in towing a boat or boats, ten cents; for each additional animal so engaged, five cents; and in no case shall the said company charge or receive rates of toll which would enable it to divide more than twelve

per cent on its capital stock paid in in cash, and invested in its road after paying the expenses of managing the same and keeping it in repair.

$8. So much of title one, chapter eighteen, of the Revised Statutes as is inconsistent with this act, is declared inoperative as to the corporation hereby created, and so much thereof, with the exception of subdivision three of section thirty-six of said title, as is consistent herewith, is hereby made applicable to the same.

$9. This act shall take effect immediately.

Chap. 531.

AN ACT to transfer the town of Delhi from the first to the second school commissioner district of the county of Delaware.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The town of Delhi, of the county of Delaware, is hereby transferred from the first to the second school commissioner district of the said county of Delaware.

S2. All official acts heretofore performed by the school commissioner of the said first district of the said county of Delaware shall be legal and valid, so far as affects the said town of Delhi, and to the same extent that they would have been had this transfer not been made, and no more; and, after the passage of this act, the school commissioner of the said second district shall exercise all lawful authority pertaining to his office over the said town of Delhi, without additional compensation therefor. S3. This act shall take effect immediately.