Corporation created. General powers. Capital stock. Directors. Route of road. Rates of CHAP. 244. AN ACT to incorporate the Lenox basin and Chenango ca nal turnpike company. Passed April 24, 1837. 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, are hereby constituted a body corporate, by the name of "The Lenox Basin and Chenango Canal Turnpike Company." § 2. The corporation hereby created, shall possess the powers and privileges, and be subject to the liabilities, of turnpike corporations, as prescribed in the eighteenth chapter of the first part of the Revised Statutes, except as shall be otherwise provided in this act. §3. The capital stock of said corporation shall be fifty thousand dollars, which shall be divided into shares of fifty dollars each. Each stockholder shall be entitled on the shares held by him to one vote for each share; and Luther H. Johnson, Jared N. Avery, Allen Merrill, Czar Dikeman and Josiah Peck junior, shall be the commissioners to receive the subscriptions, and three dollars on each share shall be paid to the commissioners at the time of subscribing for said stock. § 4. Whenever three hundred shares shall have been subscribed, the commissioners shall give notice of the time and place when and where the subscribers shall meet to choose directors. 5. The said corporation shall commence their road at or near Lenox basin on the Erie canal, running from thence to Wampsville, Lenox mills, Merrill's mills, Siloam, and across the Oneida creek, near Strong's mill; and from thence on the most eligible route, to the summit level of the Chenango canal. §6. Whenever ten miles of said road shall be completed, the directors, or a majority of them, may erect one full tollgate, at which gate they may receive the following rates of toll, viz: For every wagon, cart or other carriage, drawn by two horses or other animals, twelve and a half cents, for every additional horse or other animal, three cents; for every cart, sulky, wagon or other carriage, drawn by one horse or other animal, six cents; for every sleigh or sled drawn by two horses or other animal, six cents; for every sleigh or sled drawn by one horse or other animal, three cents; for every horse and rider, three cents; for every score of horses, cattle or mules, twenty cents; for every score of sheep or swine, six cents; and in like proportion for a greater or less number. 7. Whenever the whole of said road shall be complet-Toll-gate. ed, the directors, or a majority of them, may erect one other toll-gate, at which gate they may receive the same tolls in proportion to the distance or length of said road; but said gates shall not be within five miles of each other. § 8. Whenever the said corporation shall become dissolved, the said road shall be a public highway. When to be come a pub. lic highway. § 9. The corporation hereby created shall continue thirty Duration of years, and the legislature may alter, modify or repeal this act. act. CHAP. 245. AN ACT to amend the charter of the village of Seneca Falls. Passed April 24, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1. That district of country in the county of Seneca and Bounds of town of Seneca Falls, included within the following bounds: the village. beginning at a point in the centre of the Clyde road, at the northeast corner of a five acre lot, lately owned by Peter Miller, in the southeast corner of the state's hundred acres on lot number eighty-five in the old township of Junius, now Seneca Falls; running thence north eighty-nine degrees west, fifteen chains and eighty links; thence south one degree west, three chains and sixty-five links; thence north eightynine degrees west, sixty-eight chains and fifty links, to the east line of Black Brock road; thence south four degrees east, on the east line of said road, sixty-two chains and sixty-seven links; thence south one degree west, fifty-five chains and thirty-two links, to a stake; thence south eightynine degrees east, forty-two chains and thirty links; thence south nine degrees west, one chain and eight links; thence south eighty-one degrees east, fifty-one chains; thence north nine degrees east, thirty-nine chains and eighty-two links; thence south eighty-one degrees east, seven chains; thence north nine degrees east, eighty-five chains and eight links; thence north seventy-two degrees west, forty-six chains and thirty-four links; thence south one degree west, one chain and seventy-three links, to the place of beginning, shall hereafter be known by the name of the village of Seneca Falls; and the inhabitants residing therein shall be a corporation, by the name of "The Village of Seneca Falls." § 2. Said village shall be divided into two wards, as fol- Wards. lows: all that part of said village lying north of the centre Officers. Annual elec tion. Officers to be elected. Inspectors of election. Vote to be by ballot. Ballots how to be made. And endorsed. Ward and village. Polls how of the Seneca river shall be the first ward: and all that part lying south of the centre of said river shall be the second ward. §3. The officers of said village shall consist of one president, six trustees, two assessors, one police constable, two street commissioners and such other officers as are hereinafter authorized to be appointed. § 4. An election shall be held in each of the wards of said village on the second Tuesday in April in each year, at such place as the board of trustees shall appoint, and of which six days' previous notice shall be given in writing, in two public places in each ward, by the inspectors thereof. § 5. At such election there shall be elected, by the inhabitants entitled to vote for members of assembly, a president and one police constable for said village; and in each ward, respectively, three trustees, one assessor and one street commissioner for said ward, who shall be residents of said ward: the president, together with the trustees and assessors, shall be freeholdors in said village. 6. The board of trustees shall for that purpose appoint, for each ward, three persons, residents of the ward for which they shall be appointed, who shall be inspectors of such election: such inspectors shall have the same powers and au thority as the inspectors of the general state elections. 7. The electors shall vote by ballot, and each person offering to vote shall deliver his ballot, so folded as to conceal the contents, to one of the inspectors in presence of the board. § 8. The ballot shall be a paper ticket, which shall contain, written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen; but no ballot shall contain a greater number of names of persons designated to any office than there are persons to be chosen at the election to fill such office. § 9. On the outside of each ballot, when folded, there shall appear, written or printed, one of the following words, "ward," "village;" but no ballot found in the proper box shall be rejected for want of such endorsement. § 10. The ballot endorsed "ward" shall contain the names of the persons designated by the elector for the office of trustees, assessors and street commissioners; that endorsed "village" the names of the persons designated for the office of president and police constable, or either of them, and such ballots shall be deposited in separate boxes, to be provided by the board of trustees for that purpose. § 11. The polls of such election shall be opened at nine long to be o'clock in the forenoon, and continue open until four o'clock in the afternoon of the same day, and no longer. Poll lists kept open. shall be kept in the same manner, as nearly as may be, as is provided by law for keeping poll lists at the general state elections. tion of vo ters. § 12. Every person voting at such election shall be an Qualifica actual resident of the ward in which he votes, and shall, if required by any person qualified to vote thereat, before he is permitted to vote, take the following oath: "You do swear, (or affirm,) that you are a citizen of the United States, of the age of twenty-one years; that you have been an inhabitant of this state for one year next preceding this election, and for the last six months a resident of this county; that you are now a resident of this ward, and that you have not voted at this election." votes. § 13. After the poll of any such election is closed the in- Canvass of spectors holding the same in each of said wards shall, on the same or next day, canvass the votes given at such election. The canvass shall be public, and shall commence by a comparison of the poll lists and a correction of any mistake that may be found therein, until they shall be found or shall be made to agree. The ballots shall be counted unopened, except so far as to ascertain that each ballot is single, and if two or more ballots shall be found so folded as to present the appearance of a single ballot they shall be destroyed. ballots to be destroyed. § 14. If the ballots shall be found to exceed in number Excess of the whole number of votes on the poll lists they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many ballots, unopened, as shall be equal to such excess. The ballots and the lists being found or made to agree, the inspectors holding such election shall then proceed to canvass and estimate the votes. ed to the trustees. §15. The canvass being completed, a statement of the Certificate result shall be drawn up in writing by the inspectors, which to be made. they shall certify to be correct, and subscribe with their names and file the same with the clerk of said village, on the same or on the next day after the canvass is completed. § 16. The clerk shall deliver such statement and certifi- And delivercate to the board of trustees, at their next meeting, which shall be on the day next succeeding such canvass, who shall upon such statement and certificates proceed and declare what persons have been duly elected to the office of president, trustees, assessors, street commissioners and police constable, and the persons having the greatest number of votes in the whole village for the office of president and police constable, shall be respectively declared to be elected; and the persons having the greatest number of votes in each ward respectively, for trustees, assessors and street commissioners shall be declared duly elected. The said trustees shall make a certificate of their determination, which Inspectors of first elec tion. Vacancies how to be filled. Officers how long to con fice Powers of assessors, shall be signed by the board of trustees and filed with the clerk. § 17. The present trustees of the village of Seneca Falls, or such persons as they shall appoint, shall be inspectors of the election to be held under this act on the secend Tuesday of April next; such election shall be held and conducted, and the votes given thereat canvassed by the said inspectors, and the result determined in the manner herein before provided. § 18. Vacancies in the office of president or trustees, occurring in any manner, may be filled at a special election, called and appointed by the board of trustees, and conducted in the same manner as an annual election. Vacancies in all other offices shall be filled by appointment by the board of trustees. All appointments to fill a vacancy in an elective office under this act, and the appointment of treasurer, shall be by warrant under the corporate seal, signed by the president or presiding officer of the board of trustees and the clerk. In case of a failure to elect trustees at an annual election, or if from any cause there shall be no trustees, the clerk shall appoint the time and place for holding a special election, and appoint the inspectors. 19. All officers to be elected or appointed to any office, tinue in of under or by virtue of this act, shall be elected or appointed annually; but all officers appointed by the board of trustees, except to fill a vacancy in an elective office, shall continue in office until their successors are appointed and shall have taken the constitutional oath of office. The term of office of all elective officers under this act shall expire on the first Monday after the second Tuesday in April in each year. § 20. The assessors, clerk, treasurer, police constable and clerk, &c. pound-master, elected or appointed under or by virtue of this act, shall, except as otherwise directed and provided in this act, have the same powers and privileges, and perform the same duties and be subject to the same liabilities, respectively, as like officers in the several towns in this State; but the police constable shall not have power to serve any civil process out of the limits of said village, except in cases of persons fleeing from said village, and to commit on execution when the defendant shall have been arrested in said village and the collector shall receive such per centage on the collection of taxes as shall be allowed by the trustees, not exceeding three per cent. Board of trustees. § 21. The president and trustees of said village shall constitute the board of trustees of said village. The board of trustees shall meet at some convenient place in said village, to be by them named, at such times as they shall by resolution direct, or as the president, or in his absence, any two of the trustees, shall appoint. The president, when present, shall preside at all the meetings of the board of trustees. In |