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the Boulingrin, after having passed through take the valley of Deville, as far nearly as ests of Ivelines and Souchamp, and Artenay. a tunnel of 2,796 metres. M. Mellet had Houlme, where it would divide into two As to the Lille railroad, two lines have been proposed, before the engineers of the Ponts-parts; the one would proceed to the valley surveyed by M. Vallee, chief engineer of et-Chausees, a line to Rouen, which like] of Arques, near Rosay, in order to reach the Ponts et Chausses, the one by Amiens, the preceding, would pass by Gisors and Dieppe; the other would rejoin the Seine and the other by St. Quentia, with branches Charleval, but which from that point would at Duclair, by the valley of Austraberthe, to Valenciennes, Boulogne, and Calais. We follow the valley of the Andelle, and after-and would then follow the right bank of the may add that other lines less extended are wards run along the Seine to Rouen.-river to Havre. Lines not less different in contemplation. The iron railroad from Lastly, Messrs. Polonceau and Bellange, from each other, have been presented for Alais to Beaucaire is on the point of being propose a line quite different from the form- the railroad from Paris to Orleans. A first, commenced. A grant of permission for er two, which would keep on the left bank by the valleys of the Seine and the Essone another, from Cette to Montpellier, has been of the Seine, and after passing by Poissy, a second by the valley of the Seine, la Ferte- applied for. The projected road from Bourg Mantes, and Vernon, would pass the river Aleps, Artenay, and Gidy; a third by the to Lyons, as laid down by M. Hageau, is at two points, Criquebœuf and Oissel, and valleys of the Seine, the Orge, and the Re-about to be again taken into consideration. arrive at Rouen in the Place de St. Sever. narde, Anton, and Toury; and a fourth by It is also said that a road from Elbeuf to After having quitted Rouen, where it would Versailles, St. Hubert, the wood of Ram Louviers is about to be undertaken, a part again cross the Seine, the railroad would bouillet, the hamlet of Therinille, the for-of the funds being already subscribed."

AN ACT

TO INCORPORATE THE NEW YORK AND ALBANY RAILROAD COMPANY.

Passed April 17, 1832. The People of the State of New-York, represented in Senale and Assembly, do enact as follows:

§1. Nicholas Fish, Elisha Tibbits, Samuel Swartwout, Benjamin Wright, William C. Redfield, James B. Murray, William M. Price, David D. Field, Alexander E. Hosack, Henry Hone, Samuel G. Wheeler, Campbell P. White, Jesse Oakley, Isaiah Townsend, John T. Norton, John P. Cushman, William Aikin, Abraham P. Holdridge, James Vanderpoel, Joel Benton, Albro Aikin, Robert Sedgwick, Charles Henry Hall, John Townsend, Benjamin Knower, Abraham Bockee, Townsend McCoun, John Hone, Cornelius Harsen, Lynde Catlin and Gideon Lee, with such other persons as shall associate with them for that pur pose, are constituted a body politic and corporate by the name of The New-York and Albany Railroad Company," with power to construct a single, double, or treble railroad or way betwixt the cities of New-York and Albany, commencing on the island of New-York where the Fourth avenue terminates at the Harlæm river, and passing through the counties of Westchester, Putnam, Dutchess. Columbia and Rensselaer, and ending at some point on the said river Hudson, opposite or near the city of Albany, with power to continue and extend the same to the city of Troy; and with power also to construct a branch or branches to the eastern limits of each or any county or counties, within this State, into which the said Railroad may enter, where such branch or branches shall be necessary to connect said main road with any Railroad already or hereafter to be constructed in either of the States of Massachusetts or Connecticut, to transport, take and carry property and persons 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, and the whole of the said road shall be made within this State.

§2. If the corporation hereby created, shall not, within three years from the passage of this act, commence the construction of said Railroad or way, and spend at least the sum of two hundred thousand dollars thereon, and shall not, within ten years from the passage of this act, construct, finish and put in operation, the said single, double or treble Railroad or ways, then the right of the said corporation shall be null and void: and if a sufficient amount of the stock of the said company shall be subscribed within the county of Rensselaer to construct and continue the Railroad from the village of Greenbush to the compact part of the city of Troy, then the said company shall construct and continue said Railroad to the said city of Troy, within four years after said amount of stock shall be subscribed therefor.

§3. The capital stock of the said company shall be three millions of dollars, and shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and transferable in such manner as the said corporation shall by by-laws direct.

§4. Daniel Le Roy, Walker Todd, Enos Hopkins, Thomas Taber, 2nd., Cornelius Harsen, James B. Murry, Jess Smith, William Jay, John Townsend, John T. Norton, Benjamin Knower, Townsend McCoun, Gideon Tucker, William Aikin, Abraham P. Holdridge, Rufus Reed, Albro Aikin, Elisha Tibbits, Samuel Swartwout, John Hone, Lynde Catlin, John Lozier, Gideon Lee, John Snyder, Augustus Tremain, Walter Cunningham, and Elias Pattison shall be commissioners; the duty of whom it shall be, within the period of six months after the

passing of this act, at some suitable place in the cities of NewYork, Albany and Troy, and in the town of Amenia, in the county of Dutchess, to open books to receive subscriptions to the capital stock of the said corporation; and twenty 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 news. papers in each of the said cities, and in the county of Dutchess; and as soon as the same shall be subscribed, to give a like notice for a meeting of the stockholders at such time and place as the said commissioners shall appoint, to choose seventeen 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 a 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 books to the said directors, and the time and place of holding the first meeting of directors shall be fixed by the said commissioners; and the said directors shall have power to appoint an engineer, and to cause such examinations and surveys for the said Railroad to be made, as may be necessary to the selection by them of the most advantageous line, or lines for the location of the road; 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 may deem most advantageous for the said Railroad; one of which certificates shall be filed in the office of the Register of the city of New-York, and one in the office of the clerk of each of the counties through which the said road shall pass; 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 their single, double, treble Railroad or ways, as hereinafter mentioned, the expenses of all which surveys and examinations, and all manner of incidental expenses relating thereto, shall be paid for by the said corporation."

§ 5. If within three days after opening the subscription books as aforesaid, a sum exceeding three millions of dollars shall be subscribed, the commissioners shall proceed to apporeion the stock among the subscribers, and shall complete the apportionment within sixty days after the opening of said subscription, and if the full amount of capital be not subscribed within three days as aforesaid, then it shall be the duty of the commissioners to open the subscription books from time to time, until the whole amount shall have been subscribed. The commissioners shall receive no subscription unless five dollars on each share subscribed be paid at the time time of subscription.

§ 6. The said directors to be chosen at such meeiing, or at such annual election, shall, as soon as may be, after every election, choose out of their own number one President, and one other person to be Vice-President; and in case of the death, resignation or absence of the President, the Vice-President shall preside until the next annual election thereafter, or until another President shall be chosen; and in case of the death or resignation of the President or Vice-President, or of any director, such vacancy or vacancies may be filled for the remainder of the year by the board of directors; and in case of the absence of the President and Vice-President, the board of directors shall have power to appoint a President pro tempore, who shall have and exercise such powers and functions as the by-laws of the said corporation may provide.

§ 7. In case it should at any time happen that an election of directors shall not be made on any day, when pursuant to this act it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved; but such election may be held at any other time within sixty days thereafter,

58. The directors shall have full power to make and prescribe such by-laws, rules and regulations as to them shall seem needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, the transfer of shares, and touching the duties and conduct of their officers, servants, and election of directors, and all other matters whatsoever which may appertain to the concerns of the said cor. poration; and also shall have power to appoint a Secretary and as many clerks and servants as to them shall seem meet, and to establish and fix such salaries and allowances to them, and also to the President and Vice-President, as to the said board shall appear proper. The said corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects for which this incorporation is granted, and may, by their sgents, surveyors and engineers, enter upon such route, place or places, to be designated as aforesaid by the said directors as the line, course, road or way, whereon to construct the said Railroad or ways; and it shall be lawful for the said corporationtto enter upon, and take possession of, and use all such lands and real estate as may be indispensable for the construction and maintenance of the said single, double or treble Railroad or ways, and the accommodations requisite and appertaining unto them; and may also receive, hold and take all such voluntary grants and donations of land and real estate as shall be made to the said corporation, to aid in the construction, maintenance and accommodation of the said Railroad or ways; but all lands or real estate thus entered and taken possession of, and used by the said corporation, and which are not donations, shall be purchased by the said corporation, of the owner or owners of the same, and at a price to be mutually agreed upon between them; and in case of a disagree ment of price, and before the making of any portion of the road upon said land, the directors of the said corporation may present their petition to the Chancellor or Vice-Chancellor of the circuit in which such lands are situated, setting forth the necessity of such lands for making said Railroad or ways, and of the attempt and failure to purchase the same, with the name and resi dence of the owner, and the reason why the purchase cannot be made; and the Chancellor or Vice-Chancellor shall direct such notice to the owner or owners of such land as he shall deem proper and reasonable, of the time and place of hearing the parties; and upon proof of due service of such notice, and upon hearing the parties, the Chancellor or Vice-Chancellor shall appoint three competent and disinterested freeholders of the county in which the lands are situated, to be commissioners to appraise said lands. The said commissioners shall appraise said lands, and shall award to the owner or owners thereof what they shall deem to be the full value of the same; and shall be authorized to examine the lands, to 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 lands appraised, with a map thereof, and shall report the same, with the testimony taken, to the Court of Chancery. The Chancellor or Vice-Chancellor shall examine the report and shall bear the parties, if desired, and may increase or diminish the amount awarded, if he shall be satisfied injustice has been done. Upon proof to the Chancellor or Vice-Chancellor, within thirty days after his determination, of payment to the owner, or of the depositing to the credit of the owner in such bank as the said Chancellor or Vice-Chancellor shall direct, of the amount of such appraisement, and the payment of all expenses attending it, the said Chancellor or Vice-Chancellor shall make a decree or order, par. ticularly deseribing the lands and reciting the appraisement and the mode of making it, and all other facts neceesary to a compli ance with this [section] of this act; and when the said decree or order shall be recorded in the office of the clerk of the county in which the land is situated, whose duty it shall be to record the same, the said corporation shall be possessed of all such lands, for the purpose of the said road, and may enter upon and take possession, and use the same. In case any married woman, infant, idiot, insane person, or non-resident, who shall not appear after such notice, shall be interested in any such land, the said Chancellor shall appoint some competent and disinterested person to appear before the said commissioners, and act for and in behalf of such married woman, infant, idiot, insane person, or non-resident.

§ 9. The said corporation is hereby authorised to construct, erect, build, make and use, a single, double or treble 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 or 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 toll-houses and other buildings

for the accommodation of their concerns as they may deem suit. able to their interests.

§ 10. Whenever it shall be necessary for the construction of their single, double or treble Railroad or way, to intersect or cross any stream of water or water courses, or any road or highway betwixt the places prescribed by the first section of this act, it shall be lawful for the said corporation to construct their way or ways 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.

§ 11. It shall be lawful for the owners of the land over which said Railroad shall be constructed, to cross the said Railroad with his or her servants, cattle, teams and carriages, for the purpose of using and managing their respective farms, over which the said Railroad shall pass, doing no unnecessary damage to said Railroad.

§ 12. It shall be lawful for the company hereby incorporated, from time to time to fix, regulate and receive the tolls and charges by them to be received for transportation of property or persons on the single, double or treble Railroad or ways aforesaid, hereby authorised to be constructed, erected, built, made and used.

§ 18. If any person shall wilfully do or cause to be done, any act or acts whatever, whereby any building, construction or work of the said corporation, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the said corporation double the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said corporation, with costs of suit, by action of debt.

§ 14. It shall be lawful for the directors to require payment of the sums to be subscribed on the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem fit, under the penalty of the forfeiture of all previous payments thereon; and shall give notice of the payments thus required, and of the place and time when the same are to be paid, at least thirty days previous to the payment of the same, in a public newspaper published in the cities of New-York, Hudson, Albany and Troy, and in the villages of Poughkeepsie and Newburgh, and also in one of the public newspapers in the county of Westchester.

§15. The said corporation shall possess the general powers, and be subject to the general restrictions and liabilities prescribed by such parts of the eighteenth chapter of the first part of the Revised Statutes, as are not repealed.

§16. The directors of said company shall make an annual report, in detail, of their proceedings and expenditures, verified by the affidavit of at least two of them, which report shall be filed in the office of the Secretary of State; and in like manner shall, at the expiration of each year, for the term of fifteen years after the completion of said road, file in said office a detailed statement of tolls received on such Railroad, and of all monies expended by said company, for repairs or otherwise, for the purpose of said Railroad.

§ 17. If the Legislature of this state shall, at the expiration of ten and within fifteen years from the completion of said Railroad, make provision by law for the re-payment to the said corporation of the amount expended by them in the construction of said Railroad, together with all monies expended by them for permanent fixtures for the use of said Railroad, with interest on such sums, at the rate of fourteen per centum per annum, together with all monies expended by said company, for repairs or otherwise, for the purposes of said road, after deducting the amount of tolls received on said road, then the said Railroad, with all fixtures and appurtenances, shall vest in and become the property of the people of this State.

§ 18. For the purpose of continuing the branches of said Railroad into the States of Connecticut and Massachusetts, the corporation shall have and possess, with the consent of the Legislatures of those States, the same powers, privileges and authority, as have by this act been given for the construction and management of the main Railroad.

§19. The Legislature may at any time alter, amend, modify or repeal this act.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE NEW-YORK AND ALBANY RAILROAD," PASSED 17TH APRIL, 1832,

Passed May 9, 1836.

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

§1. The time for commencing the construction of the New

York and Albany Railroad is hereby extended for two years from the passage of this act.

§ 2. Charles Henry Hall, Gideon Lee, Isaac Adriance, Benson McGowan, John Harris, Francis Fickett, Lewis Morris, Jeremiah Anderson, Albro Aikin, Taber Belden, Ebenezer Foster, Stephen Warren, James Van Schoonhoven, Thomas W. Olcott, and Samuel Cheever shall be commissioners for opening books to receive subscriptions to the capital stock of said company, instead of those named in the act of incorporation, but with the like and subject to the like duties. powers

§3. It shall and may be lawful for the said commissioners, within six months after the passage of this act, giving the notice required by said act of incorporation, to open books to receive subscriptions to the capital stock of the said company; and as soon as one million of dollars shall be subscribed, and the first instalment thereon paid in, to give like notice for a meeting of the stockholders for the purpose of electing directors.

§ 4. The said company are hereby authorised, after they shall have completed not less than thirty miles of said road in the county of Westchester, to commence the said road upon the island of New-York, with the consent of the corporation of the city of New-York, and to construct the same in such sections as they may deem most eligible, and as fast as they may obtain means for so doing; and such portion of said Railroad as may be so constructed shall be vested in said company, for and during the period allowed in the original act of incorporation; and nothing in this act shall be so construed, as to infringe such rights and privileges as the Harlem bridge company possess, by virtue of any statute of this State, nor shall any construction be given to this act to confer any rights or privileges on said Harlæm bridge company, other than it now has.

§ 5. The corporation hereby created shall possess and enjoy all the privileges and provisions which are granted to and made in favor of the corporation created by the act entitled "An Act to provide for the construction of a Railroad from Attica to Buffalo," passed May 3d, 1836, and shall be subject to all the conditions and restrictions which by the act aforesaid are imposed upon the corporation therein referred to, except as herein provided.

§6. Any application to be made to a Vice-Chancellor under this act, shall be made to the Vice-Chancellor of the circuit in which the land proposed to be taken shall be situated. All notices and meetings required in the act above referred to, shall be published and held in one of the counties through which the said Railroad hereby authorised, is to be made.

§ 7. The said corporation is hereby authorised to construct a single, double or treble Railroad, of suitable width and dimensions, to be determined by the said corporation, on the course designated by the dierctors as aforesaid, 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 toll-houses, and other necessary buildings for the accommodation of their concerns. The said corporation shall not charge or receive a greater sum than at the rate of five cents per mile for the transportation of any passenger and his ordinary baggage.

§8. Whenever it shall be necessary, for the construction of their said road,to intersect or cross any stream of water or water courses, or any road or highway between the places prescribed by this act, it shall be lawful for the said corporation to construct their road across, or upon the same; but the corporation shall restore the stream or water courses, 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 of their said road; but nothing in this act, or the act hereby amended, shall be so construed as to authorise the construction of a bridge across the Hudson river.

§ 9. Whatever damages the Canaan and Union Village turnpike road company may sustain by the depreciation of their stock in said road, or otherwise, in consequence of the making and using the said Railroad, may be appraised as prescribed by the seventh section of the act herein above referred to, upon the application of the said Railroad company; and they may enforce the collection of the said damages so appraised against the said Railroad company in any court of law or equity. The said damages shall not be appraised as aforesaid until eighteen months after the said Railroad shall be made and put in operation.

§ 10. The second section of the act hereby amended shall be so modified as to read as follows, viz: If the corporation hereby created shall not, within three years after the passage of this act, commence the construction of said Railroad or ways, and expend at least the sum of two hundred thousand dollars thereon, then the right of said corporation shall be null and void. Such parts of the act hereby amended as may be inconsistent with the provisions of this act are hereby repealed.

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TO PROVIDE FOR THE CONSTRUCTION OF A RAILROAD FROM
ATTICA TO BUFFALO.

Passed May 3d, 1836. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

§1. All persons who shall become stockholders pursuant to this act, shall be, and they are hereby constituted a body politic and corporate, for the term of fifty years, by the name of "The Attica and Buffalo Railroad Company," for the purpose of constructing and maintaining a Railroad between the village of Attica, in the county of Genesee, and the city of Buffalo, in the county of Erie, commencing in the village of Attica at the termination of the Tonawanda Railroad,and running thence to the city of Buffalo, on such route as a majority of the directors of said company shall determine to be best adapted to the public accommodation, and take, transport, carry and convey property and persons upon the same, by the power and force of steam, of animals, or any mechanical power, or of any combination of them.

§ 2. If the said corporation shall not, within two years from the passage of this act, commence the construction of the said road, and expend at least the sum of twenty-five thousand dollars thereon, and shall not within four years from the passage of this act, finish the said road and put the same in operation, then the said corporation shall thenceforth forever, cease, and this act shall be null and void.

§3. The capital stock of the said corporation shall be three hundred and fifty thousand dollars, which shall be divided into shares of fifty dollars each: which shares shall be deemed personal property, and be transferred in such manner as the said corporation shall in its by-laws direct.

§4. George Cooley, James Douglass, Alden S. Stevens, Pierre A. Barker, John W. Clark, James Stryker, Moses Disbrow, Robert Earll, Guy H. Goodrich, Israel T. Hatch, Charles Gardner, Morgan L. Faulkener, and Elijah Ford, shall be commissioners, whose duty it shall be, within one year after the passage of this act, at some suitable place in the village of Attica and in the city of Buffalo, and in such other places as they, or a majority of themin shall direct, to open books to receive subscription 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 in the said village and city, and in the state paper; and the said commissioners shall, at the time of any subscription, 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 in the whole shall be subscribed, than three hundred and fifty thousand dollars, the said commissioners shall distribute the stock in such manner as a majority of them shall deem most advantageous to the public interest: but in case the capital stock of said corporation shall not all be subscribed, then the said commissioners shall be authorized to re-open 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 owned by a citizen of the United States, entitling a stockholder to one vote: and the said commissioners shall be inspectors of the first election of directors of the said corpora

tion, 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 Railroad to be made,as may be necessary to the selection by them of the most advantageous course for the said road, from the village of Attica to the city of Buffalo; and the said directors shall, after such examinations and surveys shall have been made, select, and by certificates under their hands and seals, designate the course which they shall deem most advantageous for the said road; one of which certificates shall be filed in the office of the clerk of each of the counties aforesaid, through which the said road shall pass; and the course so selected and certified, or as altered in the manner hereinafter provided, shall be deemed the course on which the said corporation shall construct the said road as hereinafter mentioned. But any person through whose lands the line of said road shall be designated, who may consider himself the aggrieved thereby, may, within thirty days after receiving written notice of the filing of the certificate as aforesaid,apply to the Vice-Chancellor of the eight circuit, setting forth the nature of his grievance and his objections to the route designated; and it shall be the duty of the said Vice-Chancellor, if he considers sufficient cause therefor to exist, to appoint three disinterested persons, one of whom shall be a practical engineer, - as commissioners. The said commissioners, or a majority of them, including said engineer, shall have power, after the exami. nation thereof, and hearing of the parties, to affirm or alter the course of the said road through the said lands, as they may deem consistent with the just rights and interests of the said parties and the public. The determination of the said commissioners shall, within thirty days after their appointment, be made and certified by them, and the certificate filed in the office of the elerk of the county as aforesaid. The said Vice-Chancellor shall be entitled, in each case, on receiving the application for his services in the premises, to a fee of five dollars; and the said commissioners shall be entitled to a compensation of three dollars each, per day, for their services, to be paid by the person making the application and in case the said course thus previously designated, shall be altered by said commissioners, the said company shall refund to said applicant, the fees and compensation paid by him as aforesaid, to be recovered in an action for money had and received, in any court having cognizance of the same.

§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 chosn ; 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 stockhold ers 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 shall constitute a choice: one at least of 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 directors shall by ballot determine who shall be entitled to a seat at the board; every stockholder, being a citizen of the United States, 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 di. rectors shall not be made on any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved; but such election may be subsequently made; and the directors chosen for the year preceding, shall hold their seats at the board until such election shall be made.

§ 7. The said corporation is hereby authorized to construct a single or double road, of suitable width and dimensions, to be determined by the said corporation, on the course designated by the directors as aforesaid; 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 toll-houses and other necessary buildings for the accommodation of their concerns. The said corporation shall not charge or receive a greater sum than at the rate of three cents per mile for the transportation of any passenger and his ordinary baggage.

$8. In case any married woman, infant, idiot, or insane persons, or non-resident of the State, who shall not appear after such notice, shall be interested in any such land or real estate, the said judge shall appoint some competent and disinterested person to appear before the said commissioners, and act for and in behalf

of such married woman, infant, idiot, insane person or non-resi. dent.

§ 9. The corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary for accomplishing the objects for which it 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 or double Railroad or way, and the erection of buildings necessary for the stationary engines; 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 road; but all lands or real estate thus entered upon, which are not donations, shall be previously 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 any disa bility on the part of the owners of such lands, to contract or sell the same, on account of insanity, infancy or otherwise, refusal to sell, or disagreement as to price, and before making any portion of said road on said land, the said corporation shall present a petition to the first or senior judge of the county in which such land may lie setting forth the necessity of such land for the making of said road, and the failure to obtain the same by agreement, with the reasons thereof, and the name and residence of each owner, if known, together with a map, plan and profile of the road, and praying for the appointment of a jury of appraisers. The said judge shall thereupon direct reasonable notice in writing to be given to the owners of such lands, of the time of drawing such jury, which shall be at the clerk's office in the county where the lands are situate, and upon due proof thereof, and hearing the parties, or such of them as may attend and object to the regularity of the proceedings on the part of the said corporation,such judge, together with the clerk of said county, shall draw from the grand jury box of the county, the names of twelve competent and disinterested jurors, who, by an order to be made by such judge and entered in the common rule book of the court of common pleas, shall be appointed appraisers of the damage to be sustained by such owners in the construction of such road; and should any person or persons so designated, refuse or neglect to serve on said jury, or be disqualified, the vacancy or vacancies shall be filled by the said judge in manner aforesaid.Said appraisers shall, before entering upon the duties of their office, take the oath prescribed by the sixth article of the constitution. The said judge shall appoint a time and place for said appraisers to meet, and shall cause due notice in writing to be served upon such owners, or in case of absence, to be left at their usual place of residence, if within the county, and if not to be put up in some conspicuous place on the premises, of the time and place of meeting for the purpose of completing said appraisement, and shall also cause due notice to be given to the said appraisers of the time and place of meeting; and said appraisers shall at such time proceed to view the premises; they shall have power to examine witnesses under oath, which oath any one of the said appraisers is hereby authorised to administer, and shall, without fear, favor or partiality, assess the value of the land taken, and the damages such owners may sustain by the taking of their lands, by injury to buildings, and in the construction of such road, without any deduction on accouut of any real or supposed benefit or advantage which such owners of such lands may derive by the construction of such road. They shall make an inquisition or certificate of their appraisement, specifying the items appraised, which shall be signed by a majority of them, and contain a minute and accurate description of the land appraised, with a map thereof, and shall present the same, with the testimony taken, to the county clerk, who shall file them in his office. The ballots drawn from the jury box shall be replaced by the county clerk. Upon proof to the said judge, within thirty days after the filing of the inquisition of the jury, of payment to the owner or owners, or of the depositing to their credit, in such bank as the judge shall direct,of the amount of such appraisement, and of all costs and expenses attending it, including reasonable conusel fees, (to be taxed and certified by said judge,) the judge shall make an order particularly describing the land, and reciting the appraisement and the mode of making it; which order shall be recorded in the office of the clerk of the county in which the land is situated, in like manner as if the same were a deed of convey. ance; and the said corporation shall thereupon become possessed of such land, during the continuance of the corporation and may use the same for the purpose of said road. This section shall not be so construed as to prevent any individual through whose land said road may run, from the right of crossing the same at suitable and convenient places, for farming and other necessary purposes, nor to authorise the said corporation to take, except by agreement with the owner thereof, any timber, stone, or other

materials on any land, except that on which the said Railroad or way shall be constructed. Nor shall the corporation hereby created, enter upon or take possesson of lands belonging to any association of individuals formed under the act of the last session of the legislature, whose lands have been purchased for the purpose of constructing a Railroad thereon,except such as is hereinafter provided. The compensation of the appraisers shall be determined by the said first or senior judge at a sum not exceeding two dollars per day, in addition to their reasonable disbursements, to be paid by the said corporation. Whenever the verdict of the appraisers shall not exceed the sum tendered by the corporation for the lands proposed to be taken, in such case the corporation shall not be compelled to pay any costs or expenses to the owner of the property appraised, except to such owners as named in the eighth section.

10. The said directors may make and establish such by-laws, rules and regulations as shall from time to time appear necessary for the good government of the said corporation, and the preservation and due management of their property, interest and affairs.

§ 11. Whenever it shall be necessary for the construction of their said road to intersect or cross any stream of water or water courses, or any road or highway, between the places prescribed by the first and fourth sections of this act, it shall be lawful for the said corporation to construct their 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 unnecessarily to have impaired its usefulness; and shall moreover, erect and maintain sufficient fences upon the sides of the route of their said road.

§ 12. It shall be lawful for the said company, from time to time, to fix, regulate and receive the tolls and charges by them to be received for transportation of property or persons on the said road, subject to the restrictions before mentioned.

§ 13. If any person or persons shall wilfully do or cause to be done, any act or acts whatever, whereby any building, construction or work of the said corporation, or any engine, machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weaked, injured or destroyed, the person or persons so offending shall be guilty of a misdemea nor, and shall forfeit and pay to the said corporation treble the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said corporation, with costs of suit, by action of debt.

§ 14. It shall be lawful for the directors to require payment of the sums to be subscribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall see fit, under the penalty of the forfeiture of their stock, and of all previous payments thereon; and they shall give notice of the pay. ments thus required, and of the place and time, when and where the same are to be paid, at least thirty days previous to the payment of the same, in the paper published by the state printer, and in one newspaper in each village and city herein mentioned.

§ 15. The said corporation shall possess the general powers, and be subject to the general liabilities and restrictions prescribed by such part of the eighteenth chapter of the first part of the Revised Statutes, as are not repealed.

§ 16. The directors of said company shall make an annual report in detail of their proceedings and expenditures, verified by the affidavits of at least two of them; which report shall be filed

in the office of the Secretary of State; and in like manner shall, at the expiration of each year after the completion of said road, file in said office a detailed statement of tolls received on such road, and of all moneys expended by said company for repairs or otherwise for the purposes of said road.

§17. If the Legislature of this State shall, after the expiration of ten, and within fifteen years from the completion of said road, make provision by law for the repayment to the said company of the amount expended by them in the construction of said road, together with all moneys expended by them for permanent fixtures for the use of said road, with interest on such sums, at the rate of ten per cent per annum, together with all moneys expendby said company for repairs or otherwise, for the purposes of said road, after deducting the amount of tolls received on said road, then the said road, with all its fixtures and appurtenances, shall vest in, and become the property of, the people of this State.

§ 18. It shall be lawful for the company hereby incorporated, to cross, intersect, join or unite with any Railroad company, canal company, or private company, when associated under any law of this State, for the purpose of constructing a Railroad on lands purchased for that purpose, at any point which the directors of the said companies may think advisable, on such terms as the directors of the two companies respectively may agree upon and in case of disagreement between the directors of said companies, then at such point, and upon such terms, as the court of chancery of this State shall determine to be equitable and just between the said companies.

§ 19. The said company shall, at regular times, when they start or run their cars, be required to supply sufficient accommodation for public convenience, and shall carry and transport all the passengers and their property, or either, for those who may demand the same at the place of starting, within a reasonable time previous thereto, or when the car or cars shall pass at the junction of any other Railroad, or at any point where a siding shall be constructed for the accommodation of any part of the country, on the due payment of the customary tolls provided for by this act and the bye-laws of said corporation: and in case the said company or its agents shall refuse or neglect so to do, the said corporation shall then be liable to the person or persons aggrieved, for such amount of actual damage as may have been sustained by him or them, to be recovered by suit at law with costs.

§ 20. It shall be the duty of the said company, when applied to by the postmaster-general, to convey the mails of the United States on the said road, and in case they shall not agree with him as to the rate of compensation therefor, and as to the time, manner and condition of carrying the same, it shall be lawful for the Governor of this State to appoint three commissioners, who, or a majority of them, after fifteen days notice in writing to said company, shall determine and fix the prices, terms and conditions aforesaid.

§ 21. If consequential damages shall happen after the construction of said road, not foreseen by the appraisers, and not taken into the estimate on the first appraisal, or in the amount paid by the said company where the lands have been purchased, any person whose lands or buildings shall be injured by such consequential damages, may apply for and have the same appraised under the ninth section of this act, in the manner provided therein. § 22. The legislature may at any time alter, modify or repeal

his act.

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THE SUBSCRIBER is authorised to sell PAGE'S MORTICING MACHINES, to be used in any of the Western, Southern, or Middle States, (except New-Jersey,) and also to sell Rights for Towns, Counties, or States, in the same region, including New-York. MACHINES will be furnished complete, ready to work, and at a liberal discount to those who purchase territory, or machines to sell again.

Applications may be made by letter, post paid, or personally, to

D. K. MINOR, Agent for Proprietor,
132 Nassau street, New-York.

Terms of single machines, $30 to $35, for common mortieing; and $50 to $60 for HUB machines, which, in the hands of an experienced man, will mortice 14 to 16 setts of common carriage or wagon hubs per day.

WILL be published, in a few days, NICHOLSON's Treatise on Architecture.Also, PAMBOUR on Locomotive Engines on Railroads.

HARTFORD AND NEW-HAVEN
RAILROAD.

PROPOSALS will be received until the tenth day

of June next, at the Engineer Office of the Hartford

and New-Haven Railroad, corner of Collis and East

streets, New-Haven, for grading eighteen miles of this Railroad, from New-Haven to Meriden. On and after the 25th day of the present month, maps and profiles of the different sections may be seen at the of fice, together with specifications and plans of the proposed constructions Contractors not personally known to the Engineer, must accompany their proposals with suitable certificates or recommendations. ALEX'R C. TWINING, Engineer. May 16, 1836. 19-1j10

SMITH & VALENTINE,
STEREOTYPE FOUNDERS,
Are prepared to execute orders in their line,

at 212 Grand street, New-York.

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