such manna

1 Johnson, John Steward, junior, Henry I.rWyc1;on',

gore, Samuel Swartwout, John Hone, John G. Cos.

- Stagg,

Nlfiw 1"OlitK AND ERIE RAIL-‘ROAD COl&'l1lA?iY.‘

An Act to incorporate the New York. and Eric Rail-road Com~
pan)'.—-Yassetl April 9.4, 1832.

The people of the State of New York rcprwentecl
in Senate and jlssembly (lo. enact as follows; _
§l. Samuel Swartwout, Step!-icniVVhitney, Robert

 

' V White, Cornelius Harscn, Elcazar Lord, Daniel Le

Roy, VVilliam C. Rodfield, Cornelius J.,'Blauvclt,
Jeremiah El. Pierson, William Townsend, Egbert
Jansen, Cha’s Borlund, Abraham M. Smith, Alplious‘
])_iminick, Randallfil. Street, John P. Jones. George
D. VVic_kbam, JoscphCurtis,Jol1n L. Gorhnm, Joshua
Whitney, Christopher Eldridge, James Mclxinnc,-y,
James I’.umpelly, Charles Punipelly, Johr-2 R. Drake,
Jonathan Platt, Luther Gere, Francis A. Blood-good,
Jererniali S. Beebe, Ebenezer Mack, Ansel St. John,
Andrew Dewitt Bruyn, Stephen Tuttlc, Lyman Co.
veil, Robert Covcll, John Arnott,,John Magoo, Wil-
liam N1. l‘vl'cUay, William S. flubbcll, ‘William
Bonham, Arthur H. Erwin. Henry Brother, Philip
Church, byamuel-King, V‘Valter Bowne, lliiorgi-m
Lewis, _Willi.-no lfaulding, Peter Lorillard,’ Isaac

"Lawrence, Jeroinns Johnson, John Steward,_jimio1',

Henry I. Wycl-zoff, Richard M. Lawrence, Gideon
Lee, John P. Stugg, Natlianicl VVccd‘, Hubert Van
Vfrigeiicn, David Rogers, John Hone, John G. Cos.
tar, Gould-’i:l0_yt, Peter I. Nevins, Robert Buloid,
Thomas A. Ronalds, John Haggerty, Elisha Riggs,
Bcnjarnin L. Swan, Grant B. Baldwin, V‘/illiam
Maxwell and Darius Bentley, with such other per-
sons as shall. associate with them for that purpose,
are constituted at body corporate and politic by the
name of-‘ The New York and Eric Rail.roa<l Com.
pany,” with power to construct a single, double, or
treble Railrmtd or way, from the (.'.ity of New York
to Lake Erie: commencingpnt the city ot"New York
or at such point in its vicinity as shall be most cligi.
gible‘ and convenient therefor, and continue said
Ra.il.road through the southern tier of counties, by
way of Owego, in the county of Tiogc, to the shore
of Lake Eric, at some eligible point between the
CKl.l.1lI'.'ll1}{llS Creek and the l’onnsylvaniu.. line with
power to transport, take and carry, property and
persons upon the same, by the power and force of
steam, of aniinnlss, or of‘ any mcclianicul or other
power, or ofany combination of them, for the term
ol'lil'tyyour~1 from the passage of this act. M
{$2. If the said corporation hereby crouteil shall
not, within four yesrsfrom the passage ol‘this—act,
commence the construction of the said Rail.road, or
way, and spend within one year thereafter, the sun:
of two hundred thousand dollars thereon, and shall
not within ten years from the passage of tins act,
ca;n.~ztrm:t, finish and put in operation, one 1"ourLh
part of the said lZr.il—rond, or way, and shall not with.
in liftcen years from the passage of this not, con.
sirnct, liiiisslr and put in operation, one h;ill‘ol' the
said llail-road, or way, and shall not within twenty
years from the passage of this act, complete and put.
in operation, the whole ofthc said Rail.road, or way,
or in the event cfa failure by the company to Cl‘.ll-
strnct the parts of the said _Ruil.road within either oi’
the times above mentioned. then the right:-*., pi-ivi-
logos, and powers of the said corporation under tliis
act, shall be null and void. ’ *
§3. The capital stock of the said coinpiiuy shall
be ten millions. of dollars, which shall be divided in.
to» shares of one hundred dollars each, which shall
be deemed personal property, and transferable in
r as the said corporation shall by by-laws
direct. '
§4. ' Walter Bowne, Morgan Lewis, W'illi.~rm
Paulding, l’ct.cr.Lorillard, Isaac Lawrence, Jeroinus

Nathaniel VVecd, Hubert Van, VVagenon, David Ro-

ter, (jloold Hoyt, Peter,I.Nevius, Robert Buloid,
Benjamin L. Swan, Thomas A. Ronalds, John Hag.
gerty, Elisha. Riggs, Garret Storm, George Curtis,
Richard M. Lawrence, Charles Henry Hall, Robert

- naivii-nuimxurun‘ ltmlh-ROAD JO U IKN AL-

John Jackson, of Tioga, John. Magee, Ira. Daven-
port, William H. Bull and William S.,Hubbcll, of
Steuben, Luther Gere, Andrew D. W. Bruyn and
Francis A. Bloodgoudi ol"],‘oinpkins, Philip Church,
ofAlle-gany, Timothy H. Porter and Henry Sexton,
of Cztttarangus, Thomas Campbell, Daniel G. Garn.
sey, Elial T. Foote, Joseph White,jnmor, Oliver Lee
and Lcverett Baker, of Chautauqua, shall be Com-
missioncrs, the duty of whom-it shall be. within the
period of six months after the passing oflhis act, at
some suitable place in the city of New York. and
such other place as they may choose to designate, to
open books to receive subscriptions to the capital
stock of the said corporation, and twenty days pub.
lic notice shall be given by the said commissioners
of the time and place of the. opening ofsuch books,
in one ofthc public newspapers in each of the said
places, and any five of the said commissioners shall
constitute "a board to receive. subscriptions: and as
soon as the same shall be subscribed, to give u like
notice for a. meeting of the Stockholders at such
time and place as the said commissioner: shall ap-
point, to choose seventeen ‘directors, and suclrelec-
tion shall be then and there made by such of the

i
, .

appoint a President pro tempore, who shall hnvo
and exercise such powers and functions, as the by.
laws of the said corporation may provide.

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

§ 9. The corporation is hereby empowered to pur.
chase, receive and hold such real estate as may be
necessary and convenient in accomplishing the ob.
jects for which this incorporation is granted; and
may, by their agents, surveyor and engineer, enter
upon, and take possession of, and use all suclr lands
and real estate as may be indispensable for the con.
struction an d maintenance of their single, double or
treble Ruilwoad or way, and the accommodation:
requisite and appertaining thereto; and may also
receive, hold and tukeall such voluntary grants and
donations ofland and real estate, as shall be made to
the said corporation for the purposes aforosaidtp aid
ll’!--‘ltl'I\'.Y“‘1:0n3 . ' . ' -
tion ofsaid single, double or treble Railroad or way;

stockholders as shall attend for that purpose, either
in person or by lawful proxy; each share of the cup-
ital stock entitling a stockholder to one vote, and
the said commissioners or such of them as shall at-
tend for such purpose, shall be inspectors ofthe first
election ofdirectors oftho 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 (lll‘Bcl.Ol‘SSll1lll be fixed by the said
commissioners. ’ And the said directors shall have
power to appoint an engineer, or engineers, and to
cause such examinations and surveys for the said
Rail.roud to be made, as'may be necessary to the se.
lection 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 Rail-road, one
of which certificates shall be filed in the ofliee oftbe
Registerofthc city ofNew York, and one in the of-
fice of eachof the County Clerks ofthe several coun-
ties through which the said Rail-road, or way, shall
pass, which line, course or way so selected and cor-
tified, shall be deemed the line, course or way, on
which the said corporation shall construct, erect,
build or make their single, double, or treble Railroad
or ways, as hereinafter mentioned; the expenses of
all such surveys and examinations, and all manner
of incidental <-expenses relating thereto, shall be paid

for by the said corporation.

 If within three days after opening the sub-
st.-ription books as aforesaid, a. sum exceeding ten
millions ofdollars shall be subscribed, the comrnis.
sioners, who shall meet for that purpose, shall pro.
cced to apportion‘ the stock among the subscribers.
and shall completethc apportionment within sixty
days after the opening ofsaid subscription, and any
nine of the said commissioners shall constitute :1
board for the purposes of such distribution ; ifno
more than nine ot"the said comirzissioncrs shall then
attend for the purpo.-‘ac of rnakmgpsucli distribution.
and if the full amount of capital be not subscri-
bed within. three dnys as aforesaid, then it shall be
the duty of the commissioners to open the sub-scrip.
tion books from time toltime until the whole amount
shall have been subscribed : the comuiissioners shall
receive no subscriptions unlessfive dollars on each
share subscribed -be paid at the timeof snbscrip.
tion». a , , ’

§ 6. The company hereby incorporated shall first
construct‘, lay down and complete, _ one line or track
of Rail-rond from the city of New York, or from
some point on the western shore of the Hudson river
in the said southern tier of counties unto Lake Erie,
and shall convey either passengers or materials there-
on, before they shall laydown the rails of any part

‘White, Stephen VVhitney, Eleazar Lord, John P.
3.1111 Alley, Josiah Hedden, Thomas T.
‘.V§(ooclr_ufl', «Michael Burnham, Gideon Lee, and Cor-
.n'elius Hars'en,’of New York, Jeremiah H. Pierson,
Cornelius J._iBlauvclt, Edward Suffern, John J.
Wood and Benjamin Blackleclgc, ofRookland, ‘Sclah
Reeve,‘ Groorge_D. Wickham, Alexander Thompson,
Samuel S. S+»,ward,.Sta‘.cy Books and John Irlalloclr,
junior, of Orange,- Randall S. Streetand‘ John P.
Jones, of Sullivan,'John Sudarn'and John Van Bu-
ren, of U star, James G. Elliott, of Greene, Erastus
Root, of‘Dela.ware, Sherman Page, ofOtsego, John
C. Clarke, of Chenango, Joshua Whitney, Stephen
‘Weed, Christopher Eldridge and Lcvi‘Dixnm.ick, oi
Brooms, James Pumpelly, Lyman'Co.v‘ell, William

llluirwoll, Grant  Baldwin, Darius Bentley and

or portion of the second line or track of the said
Rail.road. .

6 7. The said directors to be chosen at such meet.
ing, or at such annual election, shall as soon as may
be after such election, choose out of their own num.
her, one President, and one other person to be Vice
President: andin case of the death, resignation or
nbsen‘ce.of the'1’reeident, the Vice President.sha.ll
preside until the-next annual election thereafter, or
until another. President.s|1all be chosen .: and in case
of the dcathor resignation of the President or Vice
President, or of any director, such vacancy or vacan-
cies may be filled for the remainder of ‘the year
wherein they may happen. by the board of directors :
and in case of the absence of the President and ‘Vice
President, the heard of directors shall have power to

but all lands or real estate thus entered upon, which

are not donations, shall be purchased by tliesaid cor.

poration of the owner or owners of the same, at a.

price to be mutually agreed upon between them; and

in case of a disagreement as to price, and before mak.

ing any portion of said road on said land, the said

corporation, or the owner of such land, may apply

by petition to the vice chancellor ol'the circuit with-

in which such land lies, particularly describing the

lands to be appraised, who upon such application

shallcunso such notice to be given to the other par.

ty as he shall deem proper and sufiicient, appointing

therein the time and place ofhearing the parties, at

which time and place upon proofthat the notice di.

rected has been given, the said vice chancellor shall

direct the manner of ascertaining the damages

which the owner of such la.nd= or real estate will

sustain by the occupation thereof by the said corpo.

ration; andthe said vice chancellor shall appoint

three competent and disinterested commissioners,

who shall be freeholders and residents of the county

in which the land described in said petition in situ-

ate, and who shall under the direction of the said

vice chancellor make appraisemcnts and determine,

said damagcs,und report in writing under their hands

to the said vice chancellor, who shall examine the

same and hear the parties in relation thereto, if he

sliall deem it expedient, and increase or diminish the

damages if he shall be satisfied injustice has been

done. The report shall contain a minute and-accu-
rate description ofthe land appraised. The corumis.

sinners shall be allowed three dollars each 11 day for
thcirservices. Upon proof to the vice chancellor, to
be made within thirty days after his determination of
payment to the owner, or of depositing to the credit
ofthc owner in such incorporated monicdinstitt-1-
tion as the said vice chancellor shall direct of the
amount ofsaid danmges and the ‘payment of all ex-
penses ; the said vice chancellor shall make an order
or decree particularly describing the..land and recit-
mg the appraisement of damages and the mode of
making it, and all other facts necessary to a compli-
ance with this section of this act; and when the said
order or decree shall be recorded in the office of the
clerk of the said vice chancellor, the said corporation
shall be seized, and possessed of such land or real cs-
tatc, and may enter upon and take possession, and
use the same for the purposes of the said road.

(} 10. In caseany married woman, infant, idiot or
insane person, or nomresidcnt of the State, who
shall not appear after such noti. e, shall be interested
in any such land or real estate, the said vice bhun.
cello: shall appoint. some compet_ent"' disinterested
person to appear before the said commissioncrsnnd
act for and in behalfofsuch married woman, infant.
idiot, insane person, or non-resident.

§ 11. The said corporation is hereby authorized to
construct, erect, build, make, and use, 1!. single, dou-
ble or treble ReiI-road or ways, of suitable width and
dimensions, to be determined by the said corporation,
on the line, course or way designated by the dime--
tors as aforesaid, as the line, course and way where.
on 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, ta.
ken andczirried on the same. and shall have power
to erect and maintain toll houses anrlother buildings
for the accommodation of’ their concerns, as they
may deem suitable to their interest- '

§ 12. The said corporation shall not, at any
point, connect the said single, double or treble
Rail-road or ways, with any.Rail.ro_ad, either of the
State of Pennsylvania or New Jersey, or leading
into either of the said ‘States, without the consent