USA > New York > Essex County > Elizabethtown > Pleasant Valley : a history of Elizabethtown, Essex County, New York > Part 9
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TW steel CAO For.
Morgan's Pond on the Black River.
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HISTORY OF ELIZABETHTOWN
ing gates, toll-houses and all other works to the said road be- longing ; and in case of disagreement between the said parties with respect to the value of the land, so as aforesaid to be laid out, and the damages if any to be done to the said land, or if the owner or owners shall be feme covert, insane, under age or out of the county, then and in either such case it shall and may be lawful, for the said president and directors to apply to one of the judges of the court of common pleas in and for the county in which such land shall be situated, not interested in said road, who is hereby authorized and required to nominate and by an instrument signed by him to appoint three apprais- ers being freeholders of said county, and who shall not be inhabitants of any of the towns through which the said road shall pass, or interested in said road, or the land to be ap- praised, and it shall be the duty of the said president and di- rectors to give notice to the said appraisers of their appoint- ment, who or any two of whom shall thereupon name a day for meeting on the land, and performing the duties required of them by this act, which day shall not be more than ten nor less than four days from such notice of their appointment, and the president and directors shall give at least four days notice to the owner or owners of such land, of the time when and the place where the said appraisers shall meet, for the purpose of viewing the land and assessing the damages, except in case the owner or owners shall labor under any of the disabilities aforesaid or be absent, in either of which cases a copy of such notice may be left at the dwelling house of any of the parties or other notorious place on the land through which such road shall pass, and further each of the said appraisers shall before he proceeds to execute the trust reposed in him by this act, take and subscribe an oath or affirmation in writing, before one of the justices of the peace for the county of which he shall be so appointed, that he will without favor or partiality esti-
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HISTORY OF ELIZABETHTOWN
mate and assess the damages, which may be sustained by the owner or owners of the land or improvements, which the cor- poration may deem necessary to take and appropriate for the said road, and the said appraisers shall then proceed to view the premises, and having ascertained and determined the dam- ages, shall make an inquisition under their hands and seals, or under the hands and seals of any two of them, describing the lands and stating the amount of damages, if any, which each or any of the owner or owners of any parcel of land used or to be used for such road, have sustained or will sustain, which inquisition shall be acknowledged by the appraisers signing the same before one of the judges aforesaid, and then by them filed, together with the affidavit aforesaid, in the office of the clerk of the county in which such land shall be situated, within thirty days after such view shall be had and inquisition made by the said appraisers, and the said clerk shall at the expense and cost of the said president, directors and company, enter the same of record in the book kept by him for recording deeds; and the president and directors aforesaid, upon paying the said several owners of the said lands the several sums so assessed and awarded, by the said appraisers in their said inquisition, shall and may have and hold to them and their successors and assigns during the continuance of this incorporation: Provided, that nothing in this act con- tained shall be construed to authorize the said president and directors to enter upon such land for the purpose of making such road thereon, until they shall have paid such damages as may be agreed upon or appraised according to the provisions of this act, if the same shall be lawfully demanded.
And be it further enacted, That the said president and di- rectors shall pay to the judge, who shall appoint the apprais- ers to assess the damages aforesaid, one dollar and fifty cents for his services, and to each of the said appraisers, for every
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HISTORY OF ELIZABETHTOWN
day necessarily attending to perform the duties required by this act, two dollars and fifty cents.
And be it further enacted, That the said president, directors and company shall cause a road to be opened and kept open four rods wide, twenty-three feet of which shall be bedded with wood, stone, gravel or other hard substance, well com- pacted together, a sufficient depth to secure a solid foundation to the same, and the said road shall be faced with gravel or stone pounded, or other hard substance, in such manner as to secure a firm and as near as the materials will admit, an even surface, raising towards the middle by a gradual arch, and where other roads shall intersect said turnpike road shall be so formed as that carriages may conveniently go on and off said turnpike road : Provided nevertheless, That where, on account of the steepness of side hills or rocks, which render it impracticable in any point or place thereof to make and finish said road as laid out by the commissioners, for that purpose to be appointed, of the full width as above described, it shall and may be lawful for the said president and directors to cause the same to be made and finished of such less width as may be practicable without a ditch on the lower side, but in no place however to be contracted of a less width than twenty feet : Provided the lower side of such road, where the same shall not be of its full width, shall be furnished with a strong and sufficient fender or railing of the heighth of at least three feet above the surface of the road along which the same shall be constructed.
And be it further enacted, That as soon as the president and directors shall have completed the said road or ten miles thereof, it shall be lawful for the said president and directors to give notice thereof to the person administering the govern- ment of this state, for the time being, who shall thereupon, forthwith nominate and appoint three discreet freeholders, and
1
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HISTORY OF ELIZABETHTOWN
not interested in any turnpike road, to view the same and to report to him in writing, whether such part of the said road is completed in a workmanlike manner, according to the true intent and meaning of this act, and if the report shall be in the affirmative then it shall be the duty of the person administer- ing the government of this state, and he is hereby required, by license under his hand and the privy seal of the state, to per- mit the said president and directors to make and erect so many gates and turnpikes across and upon the said road, as will be necessary and sufficient to collect the duties and tolls herein- after granted to the said corporation, from all persons travel- ling or using the same : Provided, that the gates upon the said road shall be erected at a distance of ten miles from each other, as nearly as the situation and circumstances will admit; and if there should be a considerable excess over and above an even number of ten miles a gate may be erected for the purpose of collecting the toll for such excess, or if such excess should be small the toll for the same may be added to the toll at the nearest gate, and be collected with it at the discretion of the directors.
And be it further enacted, That as soon as the whole or any part of the said road shall be completed, and permission so as aforesaid granted to erect a gate or gates and turnpikes upon and across the same, it shall and may be lawful for the said president and directors to appoint toll gatherers to collect and receive of and from all and every person or persons using the said road, at each and every of the said gates, the tolls and duties hereinafter mentioned, and no more, that is to say; any number of miles not less than ten in length of the said road the following sums of money, and so in proportion for any greater or less distance, or for any greater or less number of sheep, hogs, cattle, horses or mules, as follows, for every score of sheep or hogs, eight cents ; for every score of cattle, horses
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HISTORY OF ELIZABETHTOWN
or mules, twenty cents; for every horse rode, four cents ; for every horse led or driven, three cents; for every chair, sulkey, chaise or other pleasure carriage, with one horse, twelve and an half cents; for every cart drawn by one horse, six cents ; for every chariot, coach, coachee or phaeton, or any other four wheel pleasure carriage, twenty five cents ; for every stage, waggon or other four wheel carriage drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox ; and for every cart drawn by two oxen twelve and an half cents and three cents for every additional horse, mule or ox ; for every sleigh or sled, eight cents if drawn by two horses, mules or oxen, and in like pro- portion if drawn by a greater or lesser number of horses, mules or oxen : And it shall and may be lawful for any toll gatherer, to stop and detain any persons riding, leading or driving any horse, mule, cattle, sheep or hogs, sulkey, chair, phaeton,chaise, cart, waggon, sleigh or other carriage of burthen or pleasure from passing through any of the said turnpike gates, until they shall have respectively paid the tolls as above specified :
Provided, That nothing in this act shall be construed to en- title the said corporation to demand or receive toll at any gate or of or from any person passing to or from public worship, his farm or a funeral, or to or from any grist mill for the grind- ing of grain for his or her family's use, or to or from a black- smith's shop to which he usually resorts, or from any person residing within two miles of said gates or from any person or persons who are entitled to vote when going to and from town- meeting or election for the purpose of giving a vote, or from any person going for or returning with a physician or midwife, or from any juror or witness going to or returning from court, having been legally summoned or subpoenaed, or from any troops in the service of this state or of the United States, or for any artillery waggons and other carriages or stores of
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HISTORY OF ELIZABETHTOWN
any kind in the service of or belonging to this state or the United States, or from any person or persons going to or re- turning from any training where, by the laws of this state, they are required to attend ; and whenever any person or persons shall claim to be exempt from paying toll by virtue of any of the exceptions aforesaid, and if any person claiming such ex- emptions, and being thereby exempted from paying toll, shall thereafter be found not legally entitled thereto, he shall, for every such offense, forfeit and pay to the said corporation the sum of five dollars, to be recovered with costs of suit : And provided also that not more than the one half of the above toll shall be demanded or received from any waggon or other car- riage passing upon the said road, the tire or track of the wheel whereof is more than six inches wide, nor more than the one fourth of the above toll for those above nine inches wide; and that all carriages the tire or track of the wheel whereof is twelve inches wide, shall pass said road free, with- out paying any toll whatever ; and that the president and di- rectors shall cause to be affixed and kept up, at or over each gate in some conspicuous place where it may be conveniently read, a printed or painted list of all the rates of toll which may be lawfully demanded.
And be it further enacted, that the said corporation shall cause mile stones or posts to be erected and maintained, one for each mile of the said road, and on each stone or post shall be fairly and legibly inscribed or marked the distance the said stone or post is from Kingsbury ; and if any person shall break or throw down, or cut down, deface or injure any of the said mile-stones or posts so to be erected or shall wilfully break or throw down any of the said gates or turnpikes, or shall dig up or spoil any part of said road, or any thing thereunto belong- ing or shall forcibly pass either of the said gates, without having previously paid the legal toll, such person or persons
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HISTORY OF ELIZABETHTOWN
shall, for every such offense or injury forfeit and pay the sum of twenty-five dollars to be recovered by the said corporation, to their use, in an action of debt, with costs of suit, in any court having cognizance thereof ; and if any person or persons shall, with his team, carriage or horse, turn out of the said road to pass either of the said gates on ground adjacent thereto and again enter on said road, having passed the said gate or gates to avoid the payment of the toll due by this act, such person or persons shall forfeit and pay a fine not exceeding five dollars, to be recovered in like manner by the said corpo- ration, to their own use, with costs of suit, in any court having cognizance thereof.
And be it further enacted, That if any toll gatherer shall unreasonably delay or hinder any traveller or passenger at either of the said gates, or shall demand and receive more toll than is by this act established, he shall, for every such offence, forfeit and pay ten dollars, to be recovered by the person so unreasonably detained, or from whom such unreasonable toll shall have been demanded and received, for his own use, with costs of suit, in any court having cognizance thereof.
And be it further enacted, That the shares in the said Turn- pike road shall be deemed and considered to be personal es- tate, and be transferable in such manner as the said president and directors may direct.
And be it further enacted, That it shall and may be lawful for the said president and directors at any time after the com- pletion of said road, to lessen the rate of toll or duties or to take away or open, or cause to be kept open one or more of the gates on said turnpike.
And be it further enacted, That the president and directors of the said corporation shall keep a fair and just account of all monies received or to be received by the several collectors of toll on said road, and shall make and declare a dividend of
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HISTORY OF ELIZABETHTOWN
the clear profits and income (all contingent costs and charges being first deducted) among the stockholders of the said cor- poration, on the fourth Mondays of March and September in every year, and shall publish the same among the stockholders, and the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.
And be it further enacted, that the president and directors shall, within six months after the said road shall be completed, lodge in the office of the comptroller of this State, an account of the expenses thereof, and the corporation shall annually exhibit to the comptroller a true account of the dividends aris- ing from said toll, with the annual disbursements.
And be it further enacted, That it shall and may be lawful for the president and directors, to demand from the stockhold- ers respectively, all such sums of money by them subscribed or to be subscribed, at such times and in such proportions as they shall see fit, and the said stockholders shall pay the same under pain of forfeiture of their shares, and all the previous payments thereon, to the said president, directors and com- pany ; and that after the full amount of the six thousand shares, shall have been appropriated and expended by the said presi- dent and directors, for the purpose of making a good and suffi- cient road between the places aforesaid, and the sum so ap- propriated shall be found insufficient to effect the purposes aforesaid, it shall and may be lawful for the said president and directors, in order to complete the said road and turnpike to increase or raise the funds of the said corporation, by adding a sum, not exceeding five dollars to each and every share in the whole stock, which sum, so to be added shall be in an equal ratio upon each and every share to be collected and paid in manner aforesaid, and subject on_ default of payment to the pains and forfeitures aforesaid, to be applied to no other uses then as aforesaid.
Arsenal Building. Main Part Erected by State of New York.
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HISTORY OF ELIZABETHTOWN
And be it further enacted, That the legislature may dissolve the said corporation when the income arising from the said toll shall have been paid and compensated the said corpo- ration for all monies they may have expended in purchas- ing and making said road, together with an interest thereon of ten per centum per annum, besides the expense of repairing and taking care of said road, and thereupon the right, interest and property of the said corporation, shall be vested in the people of this state, and be and remain at their disposal : Provided, That if the said corporation shall not commence their operations within two years and shall not within ten years thereafter complete the same, according to the intent and meaning of this act, then and in either case this act shall cease, and be void and of no effect.
And be it further enacted, That the whole extent of the road hereby incorporated, shall for the purpose of being inspected, be divided by the said president and directors into five equal districts and be distinguished by the first, second, third, fourth and fifth inspection districts, of the great northern turnpike road; to each of which districts, shall be appointed by the person administering the government of this state and subject to removal by him at discretion, a discreet freeholder in the county in which said district may be, as commissioner, who shall be in no way interested in the said corporation; whose duty it shall be on accepting the said appointment, from time to time, and especially upon complaint made to him in writ- ing subscribed by the complainant, of the insufficiency of the said road in any part thereof within his district, and when- ever he shall find the same out of repair or obstructed by snow, to give notice thereof in writing to the keeper of the nearest toll gate on such road, or to the president or any of the directors of the said corporation, and it is hereby made the duty of the said president and directors, immediately upon
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such notice to cause such road to be well and sufficiently re- paired and amended or opened as the case may require, or otherwise to open the gate that shall be nearest to that part of the road so out of repair or obstructed by snow, and kept open until said repairs are made or opened as the case may require, under the penalty of ten dollars, for every neglect of forty-eight hours, in opening or repairing such road, or the gate opened as aforesaid, to be sued for by such commissioner, and recovered with costs of suit in an action of debt in any court having cognizance thereof ; which penalty when recov- ered shall without delay be paid over to the overseers of the poor of the town in which such forfeiture shall have been in- curred, for the use of the poor of said town ; and it is hereby made the duty of such commissioner, upon notice in writ- ing received from the president or any of the directors of the said corporation, to examine and determine whether such road shall have been sufficiently repaired and amended or opened, and to direct accordingly, but from every such decision of a commissioner there shall be a right of appeal by the said pres- ident and directors to the commissioners of the other in- spection districts of the said road, whose decision therein shall be final ; that every of said commissioners shall be entitled to and receive a compensation for his services aforesaid, at the rate of two dollars and fifty cents for every day he shall be necessarily engaged therein, but no one commissioner shall for viewing and inspecting within his own district, except on the application of the president or any of the directors, be en- titled to a compensation exceeding two days wages in any one month of the year ; that the compensation hereby authorized to any such commissioner shall be paid to him quarter yearly, if required, out of the funds of the corporation, and that such accounts for services shall if required, be attested to by such commissioner before the same shall be payable : Provided
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HISTORY OF ELIZABETHTOWN
however, That every such commissioner, before he enter upon the duties above assigned, shall first také and subscribe an oath or affirmation, before any judge or justice of the peace of the county in which he shall reside, faithfully and impartially to the best of his judgment to execute the trust reposed in him by this act, and cause to be delivered to the president or any of the directors of the said corporation a certificate of such judge or justice, of his having taken the said oath, or made the said affirmation.
And be it further enacted, That no director shall contract or be directly or indirectly concerned in any contract, for the erecting or making of any part or portion of the said road ; and in case that any contractor shall be disposed to contract with any other person or persons whatsoever for the making of any part of the said road so contracted for by him (except the hiring of hands, cattle or carriages, as the case may be) such contractor shall lay the said contract before the board of directors, with the sum and particular circumstances relative thereto and if the directors shall approve of the same, then and in that case it shall be lawful for such contractor to make such contract and not otherwise.
And be it further enacted, That if any toll gatherer shall be convicted of either of the offences mentioned in this act, and it shall appear by the return of any execution, which shall be issued against him, on such conviction, that the monies or any part thereof cannot be had from him, the corporation shall be liable for the deficiency.
And be it further enacted, That this act shall be and the same is hereby declared a public act.
STATE OF NEW YORK.
In Assembly, March 23d, 1805.
This bill having been read the third time-
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HISTORY OF ELIZABETHTOWN
Resolved that the bill do pass.
By order of the Assembly.
ALEXR. SHELDON, Speaker.
STATE OF NEW YORK.
In Senate, April 2d, 1805.
This bill having been read the third time-
Resolved, That the bill do pass.
By order of the Senate.
JNO. BROOME, Presidt.
In Council of Revision, April the 4th, 1805.
Resolved, That it does not appear improper to the council, that this bill should become a law of this state.
MORGAN LEWIS.
It will be noted that Theodorus Ross, at that time Member of Assembly from Essex County, was appointed one of the "commissioners to do and perform the several duties," etc. Elkanah Watson, another of the commissioners named, resided at Port Kent, being the father of Hon. Winslow C. Watson, who is so often quoted in this book. Benjamin Mooers, James Rogers, Pliny Moore and Micajah Pettit, and in fact all of the commissioners, were well-known throughout this northern section.
The Act it will be noted became law by the signature of Morgan Lewis, then Governor of New York.
Following is a copy of "A Field Book of the Minutes of the Great Northern Turnpike Road" filed in the Essex County Clerk's office :
A FIELD BOOK of the Minutes of the Great Northern Turnpike Road laid out through the County of Essex, in
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HISTORY OF ELIZABETHTOWN
the State of New York, Beginning on the south line of said County west of the Schroon Lake in the town of Schroon from thence,
North 10 deg E 30 ch 50
N 26 E 9
N 10 deg 15 min E 23
N 22 E 6 Mile No. 41
Same course 8
29 deg 40 E 10
N 47 40 E 2
N 68 E
17
N 54 deg 15 E 25
N 38 40 E 18 to Mile 42
Same course 8
N 37 30 E
49
N 21 E 12
N 1 deg 20 E 11 to Mile 43
Same course 31 to Baker's Tavern
North
35 ch
N 49 E 14 to Mile 44 Whiles Brook at 2 ch
Same course 22
N 57 deg 35 min E 28 at 23 Mill Pond
N 18 E
30 to Mile 45
Same course
76 at 60 chains from last angle head of Schroon Lake
then N 10 E
4 to Mile 46
Same course 40
N 22 deg 30 min E 30
N 19 45 E
10 to Mile 47 & No 12 Brook
Same course 12
N 1 deg 15 E 18
N 17 deg 45 E 14
N 12 30 E
6
N 20 45 E
11
N 9 40 E 10
N1W
6
N 5 W
3 to Mile 48
Same course
5
N 7 deg 40 W
5
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HISTORY OF ELIZABETHTOWN
N 1 25 E
6
N 15 30 E
8
N 2 deg 20 W 13
N 23 E
7
N 8 E 16
N 15 E
20 to Mile 49
N 15 E
4 ch
N 48 E 6 Falls on Schroon River at 4 chains
N 30 E
4 5
N5 E
N 0020 t E
7
N 6 E
10
N 3 deg 40 E
5.50 to Brook
N 17 deg 20 E 1
N 9 deg 25 W
8 50
N 32 W
2
N 64 W
13
N 37 W
7
N 9 W
7 to Mile 50
Same course 10
N 21 E
2
N 58 deg 45 E 4
N 2 deg 35 E
8
N 39 E
6
N 56 E
7
N 42 E
43 to Mile 51
Same course
25
N 53 E
9
N 52 E
12
N 20 E
34 to Mile 52
Same course
15
N 12 deg 35 E
8 to Johnson's Bridge
N 5 W
20
N 19 30 E
15 to Brook at 3 chains
N 63 E
6 chains
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