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be personal estate, and subscriptions to the said stock shall be opened under the direction of the directors hereinafter named, on or before the second day of July next, at such time and place as the said directors may appoint, on giving at least three weeks previous notice thereof in one or more of the newspapers printed in the county of Chautauque, and the books shall be kept open until the said sum of ten thousand dollars shall be subscribed, and each subscriber shall pay at the time of subscribing, three dollars on each share by him so subscribed, and the residue thereof to be paid in manner aforesaid as the company shall thereafter direct.

Officers how

3. And be it further enacted, That the stock, property and affairs of the company shall be managed and conducted by seven elected. directors, being stockholders of said company, who shall hold their offices from the second day of July next until the first day of July thereafter, and until others shall be duly elected in their stead, and they shall be elected on the first day of July in each and every year thereafter, at such time and place in the town of Stockton, as a majority of the directors may appoint, and public notice thereof shall be given by putting up a notice in three of the most public places in the aforesaid town, at least ten days previous to the time of holding such election, and such election shall be made by such of the stockholders of the said company as shall attend for that purpose, either in person or by proxy, and all such elections shall be by ballot, and be determined by a plurality of votes; and the number of votes to which the stockholders shall be entitled in voting for directors, shall be according to the number of shares each stockholder so voting shall respectively hold, and shall be entitled to one vote for each share; and the directors elected, as soon as may be thereafter, shall proceed to elect one of their number, by ballot, who shall be president, and another person by ballot, who shall be secretary, and if any director shall cease to be a stockholder, his office shall be considered as vacant; and whenever any vacancy shall happen among the directors by death, resignation or otherwise, such vacancy shall be filled, for the remainder of the year in which it shall happen, by such person as the remainder of the directors for the time being, or a majority of them, shall appoint, and that Aaron Lyon, David Sackett, Ichabod Fisher, George W. Gage, Joel Fisher, Ira Gage and Selah Picket, shall be the first directors, who shall hold their offices respectively until the first Monday of July, one thousand eight hundred and twentyeight, and until others shall be chosen; and they shall at their first meeting under this act, elect by ballot as aforesaid, out of their own number, a president, treasurer and secretary.

4. And be it further enacted, That five of the directors shall be a quorum for the transaction of business, and shall have power to make and subscribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the government of said company.

Luorum.

red.

5. And be it further enacted, That the stock of the said cor- Stock may poration shall be deemed and considered as personal property, and be transfershall be assignable and transferable, and that no transfer of stock in said company shall be valid until such transfer shall have been registered in a book to be kept by the directors of the company for that purpose, which book shall at all reasonable times during the

Stockholders

sible.

usual hours of transacting business be open to the examination of any person having in his possession any demand against said company, the payment of which shall have been refused; and in case any officer of said company, having charge of such book, shall refuse to permit the same to be examined as aforesaid, he shall forfeit for every such offence the sum of one hundred dollars, the one moiety thereof to the people of this state, and the other moiety to him who shall sue for the same, by an action of debt, in any court of record, together with the costs of such suit.

6. And be it further enacted, That the stockholders of the how respon- said corporation shall be holden, in their individual capacities, responsible, jointly and severally, for the payment of all debts contracted by the said company, to the nominal amount of the stock held by such stockholders respectively, and any person having any demand against the said company, may sue any stockholder singly, or any two or more stockholders jointly, and recover in any court having cognizance thereof: Provided, Such suit shall not be maintained without proof that such demand had been presented to the proper officer of the said company for payment, and the payment thereof neglected or refused: And provided also, That the said corporation shall be liable to be prosecuted as a corporation for any such demand.

Proviso.

Restrictions.

7. And be it further enacted, That it shall not be lawful for the said company to engage in any banking business whatever, and that the legislature may at any time amend, alter or modify this

act.

8. And be it further enacted, That this act be and is hereby Public act. declared to be a public act, and that the same shall be construed in all courts and places, benignly and favourably for every beneficial purpose therein intended.

Town of Hammond erected.

СНАР. 131.

AN ACT to erect a new Town from parts of the Towns of Rossie and Morristown, in St. Lawrence County, by the name of Hammond.

Passed March 30, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of May next, the territory comprised in the following boundaries, being parts of the towns of Rossie and Morristown, in the county of St. Lawrence, viz.: commencing at a point where the south line of the Low tract strikes the river St. Lawrence, and running thence southeasterly on said line to the centre of Chippeway creek; then up said creek to the south line of the Ogden tract; then on the said south line to the town of Gouverneur; then westerly along the line of said town to the corner thereof; then westerly to where the said line interects the line between the counties of Jefferson and St. Lawrence, at the south end of Grass lake; then along said line to the river St. Lawrence; then down said river to the place of beginning, be erected into a separate town, by the name of Hammond;

and that the residue of the said towns of Rossie and Morristown, not included in the parts so taken off, be and remain separate towns, by the names of Rossie and Morristown.

and where

Poor and

2. And be it further enacted, That the next town meeting in the Townmeettown of Morristown shall be holden where it stands adjourned; and ings when the next town meeting in the town of Rossie shall be holden at the held." house now occupied by James Gore; and that the first town meeting in the town of Hammond shall be holden on the second Tuesday in May next, at the house now occupied by Asa Baker in said town. 3. And be it further enacted, That the supervisors and overseers of the poor, in the towns of Rossie, Morristown and Ham- poor money mond aforesaid, shall, by notice given for that purpose by the supervisors thereof, meet together and apportion the poor maintained by the said towns of Rossie, Morristown and Hammond, and the poor money belonging to the same, and the other public monies of said towns, agreeable to the last tax list; and that each of the said towns shall forever thereafter, separately and respectively, support their own poor.

to be divided.

CHAP. 132.

AN ACT to incorporate the Manhattanville Free School, in the twelfth ward, in the city of New-York.

Passed March 30, 1827.

WHEREAS John Barrow, junior, Jacob Schieffelin and others, Preamble. have established a common free school in the village of Manhattanville, in the twelfth ward of the city of New-York, and have prayed to be incorporated by the legislature.

1. Therefore be it enacted by the People of the State of New- Free school York, represented in Senate and Assembly, That John Barrow, ncorporate d junior, Richard L. Schieffelin, David C. Colden, Thomas Brass, and Jacob Schieffelin, and their associates, residing in or near the village of Manhattanville, in the twelfth ward of the city of NewYork, are hereby constitituted and declared to be a body corporate and politic, in fact and in name, by the name and style of "the trustees of the Manhattanville free school," and by that name, they and their successors may for ever hereafter have continual succession, and be capable in law, of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits and causes whatsoever; and may have a common seal, and change the same at pleasure; and may hold, receive, purchase, have and possess real and personal estate, and at pleasure may sell and dispose of the same, for the sole and only use of the said free school.

2. And be it further enacted, That there shall be five trustees to Trustees. manage the concerns of said corporation, any three of whom shall be a quorum for the transaction of business; and that the above named five persons, viz. John Barrow, junior, Richard L. Schieffelin, David C. Colden, Thomas Brass and Jacob Schieffelin be and shall continue trustees, until others shall be chosen in their places, and

Duty of trus

lecs.

Election of trustees.

Proviso.

Monies to be

trustees.

that any vacancy or vacancies which may happen in the office of trustees, by death, resignation or removal from the town of Manhattanville aforesaid, shall and may be supplied by appointment of some person or persons in said town under the hands of the remaining trustees and their corporate seal: Provided, That it shall not be lawful for any number of said trustees, less than three, to proceed to supply such vacancy or vacancies.

3. And be it further enacted, That the said trustees, and their successors, shall have power to appoint such and so many instructors, teachers and agents, as they, or a majority of them, may think proper and necessary for the conducting and managing the school concerns of said corporation, and to make all such by-laws, rules and regulations as they, or a majority of them, shall or may think requisite and proper for the well ordering of the same: and that an election for trustees shall be holden on the first Monday in October, in each and every year, in the village of Manhattanville, in the said twelfth ward, where the said school shall be located, at such time of the day as the trustees for the time being, who shall be inspectors of said election, shall appoint, of which election they shall give written notice, at least five days previous thereto, by putting up the same in three of the most public places in said village; and the trustees so to be elected shall be then and there chosen by a majority of the votes of the freeholders and inhabitants within the school district, who shall vote at such election, and shall continue to act as trustees until others shall be chosen in their places: Provided, That the legislature may at any time, add to, alter and amend the provisions of this act in those respects.

4. And be it further enacted, That the trustees named in the paid to the act of the legislature of this state, entitled "an act relative to the common lands of the freeholders and inhabitants of Harlaem," passed March 28, 1820, and the act amending the same, shall out of the monies and proceeds of the sale of the said common lands in their hands, by virtue of said act, pay to the trustees of the said Manhattanville free school, the sum of two thousand five hundred dollars, appropriated to the said school in and by the third section of the said act, together with the interest which shall or may have accrued upon the said sum since the same has been in their possession, pursuant to the provisions of the said act in that respect.

CHAP. 133.

AN ACT to amend the act, entitled "An act to reduce several laws, relating particularly to the city of New-York, into one act," passed April 9th, 1813.

Passed March 30, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act, entitled " an act to reduce several laws, relating particularly to the city of New-York, into one act," passed April 9th, 1813, so far as the same limits the number of harbor masters of the port of New-York to two, be and the same is hereby amended, so as to increase the number of harbor

1

masters of the port of New-York to three, which said additional harbor master shall be appointed, and be subject to the same regulations, and entitled to the same fees as are now provided for by law.

CHAP. 134.

AN ACT authorising the removal of certain obstructions in Perch
River, in the Town of Brownville and County of Jefferson.
Passed March 30, 1827.

WHEREAS it is represented to the legislature, that by reason of a Preamble. certain bar or reef of rocks running across the channel of Perch river, at the head of the rapids on the said river, and above the mill dam of Jonathan Gillingham, in the town of Brownville and county of Jefferson, the water in said river is obstructed in such a manner as to cause a large quantity of land to be overflowed, and thereby creating disease amongst the inhabitants residing in the vicinity of said river: And whereas application has been made to the legislature for authority to remove said rocks, and other obstructions, above the same: Therefore,

ers appoint.

ed.

BE it enacted by the People of the State of New-York, repre- Commission sented in Senate and Assembly, That John Baxter, Abner Smith, and Isaac Moffatt, junior, be and they are hereby apppointed commissioners, and by this act authorized and empowered to enter upon the said bar or reef of rocks, and upon the lands adjoining the same, and by themselves, their agents and such other persons as they shall from time to time employ, and by such means as they shall deem necessary and expedient, remove the said bar of rocks from and out of the channel of the aforesaid river, or cause the same to be removed; and also all other obstructions in the said river, and above the said mill dam, or such part thereof as will give a free and uninterrupted passage to the water in the said river, so far as may be necessary to prevent the overflowing of the lands adjacent to the actual channel of the said river, or any part thereof: Provided always, That all costs, charges and expenses attending the removal of the said rocks and obstructions, shall be borne and paid by the said commissioners, and such other persons as may, from time to time, contribute to the same: And provided also, That no mill dam, or any other artificial erections across the said river, now existing, shall be considered or taken to be obstructions within the true intent and meaning of this act.

CHAP. 135.

AN ACT to alter the time of holding Town Meetings, in the
Town of Barre, in the County of Orleans.

Passed March 30, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the annual town meeting,

Proviso:

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