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Corpora

tors.

name.

town of

Chap. 489.

AN ACT to authorize the construction of a railroad in and through certain streets in the city of Newburgh, and in and through certain roads in the town of Newburgh, in the county of Orange,

Passed April 30, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. David Carson, John Hallock Drake, James R. Dickson, Charles L. Brown, James Parton, Provost S. Haines, Stephen W. Fullerton, William L. Stone, Austin Myers, George M. Clapp, Smith Fancher, Daniel A. Rheutan, John Coleman, James Jackson, Isaac Wood, Jr., Thomas C. Ring, John J. Monell, Alexander Cauldwell, John Gadlt, John N. Lewis, Frederick M. St. John, Gideon W. Cocks, John V. Rose, John Black and Alexander R. Mackay, and all other persons who shall become Corporate stockholders, pursuant to this act, shall be, and they hereby are constituted a body corporate and politic by the name of "The Newburgh Horse Railroad Company, Authority for the purpose of constructing, and they are hereby to lay rail authorized to construct and lay a railroad track or tracks, in city and with all the necessary turnouts, sidings and switches, in Newburgh. and through certain roads and streets in the city and town of Newburgh, Orange county, commencing at a point on "The Newburgh and Cochecton Turnpike " road where the same is joined by road leading to Gard nertown in said county of Orange, and running thence through, along and upon said turnpike road with single or double track to Colden street, in said city of Newburgh; thence with single track through, along and upon Colden street to Water street, thence with single track through, along and upon Water street to Second street; thence with single track through, along and upon Second street to Front street; thence with single track through, along and upon Front street to Fifth street; thence with single track through, along and upon Fifth street to Water street; thence with single track through, along and upon

Route of railroad.

Water street and the continuation thereof to a point where it is intersected by Montgomery street; and thence returning to the place of beginning by the same route and upon the same track; also a branch from some convenient point on the Newburgh and Cochecton turnpike road to any steam railroad depot or depots in the vicinity of New Mills or Dickson's Mills, that may hereafter be built; also a further branch commencing at the intersection of Front and Carpenter streets and running thence with single track through, along and upon Front street in a northerly direction to any steam railroad depot that may hereafter be established at or near the north end of the city of Newburgh, and also with single track in a southerly direction through, along and upon Front street to the depot of the Newburgh branch of the Erie railroad.

company

pike.

and com

empt from

for dam count of

ages on ac

laying

tracks in,

§ 2. The said Newburgh and Cochecton Turnpike Com- Turnpike pany are hereby authorized to permit and allow the said may permit railroad company to lay a railroad track and tracks with use of turnall the necessary turnouts, sidings and switches, over any part of their turnpike road for the purposes of this act. The city of Newburgh, the commissioners of highways City, town of the town of Newburgh, and the said Newburgh and pany exCochecton Turnpike Company are hereby exempted from liabilities all liabilities for damages resulting from the laying of such tracks, turnouts, sidings and switches, but nothing in this act contained shall be construed to impair or prejudice in any way any rights or privileges of the said Newburgh and Cochecton Turnpike Company in respect to such portion of their road as it is proposed that such railroad shall pass over. And said Newburgh and Cochecton Turnpike Company shall not be allowed to charge for the privilege of laying such track or tracks, turnouts, sidings and switches on the turnpike road of said company a toll exceeding one quarter of a cent per mile, and at that rate for each mile and fraction of a mile that each car of the said railroad company may run over or upon said turnpike road.

streets.

Rate of toll be charged company.

per mile to

by turnpike

First board of di

§3. The thirteen persons first named in the first section of this act, shall constitute the first board of direc- rectors. tors, who shall hold their office for one year after the passage of this act, and until the first annual election for directors.

Terms of office.

Directors

to open subscrip

§ 4. The directors hereinbefore named, shall be commissioners, whose duty it shall be to open books to tion books. receive subscriptions to the capital stock of said company, and to issue stock in accordance with the rules to be laid down by them.

Manner of construct

ing rail

road.

Cars to be drawn by

§ 5. Such railroad shall be constructed upon the most approved plan for the construction of city railroads, and the said company shall keep the surface of the streets inside the rails, and for one foot outside thereof, in good and proper order and repair; and the rail used shall be a flat rail, such as is commonly used for street railroads in Philadelphia.

§ 6. The cars to be used on said road shall be drawn horses or by horses or mules, and shall be run as often as the public convenience shall require.

mules.

When rail.

road to be

Term of

§ 7. The said road shall be completed within five completed. years from the passage of this act, and the powers and privileges granted under this act are limited to the period of fifty years.

franchise to be fifty years.

Rates of passenger fare.

License to be paid to city.

Part of general

made ap

plicable.

§ 8. No greater amount than ten cents each shall be charged passengers for riding any distance within the corporation limits of the city of Newburgh, nor more than fifteen cents each for riding over the whole length of said road.

§ 9. The said company shall pay to the city of Newburgh, an annual license of ten dollars for each car used upon said railroad.

§ 10. The said company shall possess all the powers Failroad act and privileges conferred upon railroad companies by the general railroad act, passed April second, eighteen hundred and fifty, and the further organization and regulation of said railroad company, shall be subject to all the provisions of the said general railroad act, not inconsistent herewith, excepting the following sections and any amendments thereof, viz: sections one, two, three, four, twenty-seven, thirty-four, thirty-eight, thirtynine, forty and forty-four. The said company shall make an annual report to the State Engineer and Surveyor, of its business and affairs, in manner and form required by

Annual re

port to

state engi

neer.

law.

Chap. 490.

AN ACT to incorporate the "Mutual Protection
Hook, Ladder, and Bucket Company Number
One," of Hicksville, in the town of Oyster
Bay, Queen's county.

Passed April 30, 1868.

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

tors.

name.

chase and

SECTION 1. Stephen Wallace, John F. Heitz, Ernst CorporaLubke, Henry Rohrbach, James Hill, Frederick Lumberg, and Joseph Mountfort, and their associates, are hereby constituted a body known by the name of the Corporate "Mutual Protection Hook, Ladder, and Bucket Company Number One," of Hicksville, in Queens county, and by that name they and their successors shall be ca- May purpable in law of purchasing, holding, and conveying any hold real real or personal estate necessary for their use as a fire and percompany, not exceeding in value the sum of fifteen perty." hundred dollars; also, by their corporate name General they and their successors shall have perpetual succes- corporasion, and shall be persons in law capable of suing and tion. being sued, pleading and being impleaded, defending and being defended, in all courts of competent jurisdic

tion.

sonal pro

powers of

and regula

their elec

moval, etc.

2. The said corporation shall have full power to By-laws make and establish such by-laws and regulations as they tions. from time to time shall think proper, as to their officers, Officers; time, place, and manner of electing them, the period of tion; retheir continuance in office, their removal for good cause, their power and duties, as to the election of members, their removal, and the government of persons appointed Governby them as firemen, and for the purpose for which this firemen. corporation is constituted.

ment of

ment of

3. The said corporation shall have full power and Appoint authority to nominate and appoint a sufficient number firemen. of firemen, not to exceed fifty, to have the management of the hooks, ladders, buckets, and all implements belonging to said company, and who shall be ready at all Duty of times to assist in extinguishing fires, and to perform all

firemen.

the duties that may be required of them by the regula tions of said company, and in case of removal of any of the members to appoint others in their places. Exemption § 4. Each of the persons so appointed firemen as and militia aforesaid shall, during his services as such, be exempt

from jury

duty.

Commissioners of

to lay out road.

Application for

road; by how sign

whom and

from serving as a juror in any of the courts in this
State, and from militia duty, except in case of insurrec-
tion or invasion; and a certificate, signed by the fore-
man and secretary of said company, shall be conclusive
in all cases that the person named therein is a member
of said company, and for the period therein stated.
§ 5. This act shall take effect immediately.

Chap. 491.

AN ACT to provide for the laying out and opening of a public highway in the town of Newburgh.

Passed April 30, 1868; three-fifths being present.

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

SECTION 1. It shall be the duty of the commissioners highways of highways of the town of Newburgh, to lay out a road or public highway in said town, from the north line of North street, in the city of Newburgh, to the road leading from the Balm of Gilead tree to the Hudson river, whenever the owners of three-fifths in quantity of the lands to be taken for the uses of the said road or highway, shall make application to them therefor, which application shall be in writing and signed by such owners, and proved or acknowledged by them respectively, before an officer authorized to take the proof and acknowledgment of deeds. The center line of the said road or highway, shall be located, and is hereby established as follows, that is to say: Beginning at a stone monument set in the north line of North street, two hundred and eighty-three feet east of a monument set at the northeast corner of Liberty and North streets, and runs thence north, twelve degrees east, through lands of Daniel Rogers, lands of Allen M. Sherman,

ed.

Descrip

tion of road.

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