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and works aforesaid, it shall be the duty of the judges of the county courts of the county of Seneca, or any three of them on application made for that purpose, to appoint three discreet and disinterested persons being citizens of said county, as inspectors, whose duty it shall be to inspect and examine said works and harbour, and in case the said inspectors or any two of them shall be of opinion that Their duty. the harbour and works aforesaid, are well and properly constructed according to the true intent and meaning of this act and sufficient

filed.

to contain and safely keep at least eight such boats as usually navi- Certificate to gate the western canal, they the said inspectors or any two of them be made and shall certify the same under their hands, and cause the same to be filed in the clerks' office of the county of Seneca.

3. And be it further enacted, That after the said inspectors shall have made and filed the certificate contemplated by the preceding section, it shall and may be lawful for the court of common pleas of the county of Seneca, in their sessions, to order, direct and deter- Rates of mine the several rates of dockage and wharfage, which it shall and may be lawful for the said Jonathan Thomas, or his heirs and assigns, to take and receive.

dockage, to

be fixed.

greater er

4. And be it further enacted, That it shall not be lawful for the said Jonathan Thomas, or his heirs or assigns, to take or receive any greater or other rates of wharfage than shall be fixed upon pursuant to the preceding section of this act, and the person so offending shall Penalty for forfeit and pay for every such offence the sum of five dollars, to be actions. recovered with costs of suit before any justice of the peace within the county of Seneca, by any person who shall sue for the same. 5. And be it further enacted, That the legislature may at time hereafter alter or modify this act.

any

Right to re peal.

CHAP. 16.

AN ACT for the relief of the New-York Equitable Insurance

Company.

Passed January 23, 1827.

BE it enacted by the People of the State of New-York, repre- 16th section sented in Senate and Assembly, That so much of the sixteenth requiring section of an act entitled "an act to incorporate the New-York to be kept in Ful. Equitable Insurance Company," passed April 23, 1823, as requires ton-street rethe said company to keep their office for the transaction of business pealed. in Fulton-street, or north of a line running through the centre thereof from the East to Hudson river, be and the same is hereby repealed.

Isaac Miles.
to erect a
dam across

the Canisteo

Proviso, as

lock.

CHAP. 17.

AN ACT authorising Isaac Miles to erect a Dam across the river
Canisteo.

Passed January 23, 1827.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Isaac Miles is hereby authorised to erect a dam across the Canisteo river, in the town of Addiin Addison son in the county of Steuben, on lot number twenty-three, in township number two in the third range of townships, said dam not to exceed in height two feet six inches for the purpose of supplying to apron or his mill with a sufficiency of water to drive the same: Provided, That the said Isaac Miles shall erect and at all times maintain an apron or lock, in said dam, of such construction as to render the passage safe and easy for rafts and arks common in said river, at all Grant to be times during the continuance of said dam; And provided further, That if the passage aforesaid, shall at any time be obstructed, the grant hereby intended to be made shall be absolutely void: Provided, That nothing herein contained shall be construed to authorise the said Isaac Miles to raise his dam in a manner that shall overflow served, may the lands of any other person, and that it shall be lawful for the he repealed. legislature, at any time to repeal or modify this act.

void in eer.

tain cases.

Private

nights re

be

Catatong

de

highway.

CHAP. 18.

AN ACT declaring part of the Catatong Creek, in the County of Tioga, a Public Highway.

Passed January 23, 1827.

BE it enacted by the People of the State of New-York, repreCreed public sented in Senate and Assembly, That from and after the passage of this act, all that part of the Catatong creek in the county of Tioga, from the forks of said creek near the house of Orange F. Booth, in the town of Candor, to the mouth thereof, at its junction with the Owego creek, shall be and is hereby declared a public highway, Provided always, That this act shall not be so construed, as to af fect any mills or dams already erected on that portion of said creek, which is hereby declared a public highway.

Proviso.

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CHAP. 19.

AN ACT to Incorporate the Neptune Company of New-York.
Passed January 23, 1827.

1. BE it enacted by the People of the State of New-York, rep resented in Senate and Assembly, That Cornelius Harsen, Henry Fitz, Peter Swain, and all such persons as now are, or hereafter may be associated with them, shall be, and hereby are declared a body politic and corporate in fact, by the name of the Neptune Company of New-York; and that they and their successors for the term of

twenty-one years hereafter, shall and may have succession, and General pow shall be persons in law, capable of suing and being sued, defending ers. and being defended, in all courts and places whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure.

tors, how

Tie how de.

2. And be it further enacted, That the property and concerns of the Nine direcsaid corporation shall be managed and conducted by nine directors, chosen. one of whom shall be president, who shall hold their offices for one year; which directors shall be stockholders, and be elected on the first Tuesday of March in every year, at such time of the day, and at such place in the city of New-York, as a majority of the directors for the time being shall direct; and public notice shall be given of the time and place of holding such election, not less than ten days previous thereto, in two of the daily newspapers printed in the city of New-York; and the said election shall then and there be made by such of the stockholders, as shall attend for that purpose, either in person or by proxy; and all elections shall be by ballot; and every stockholder shall be entitled to one vote for every share he holds; and the nine persons having the greatest number of votes, termined. shall be directors; and if it shall happen that two or more persons shall have an equal number of votes, the directors in office at the time of such election, shall by plurality of votes given by ballot, determine which of the persons so having an equal number of votes, shall be director or directors, so as to complete the whole number; and the directors so chosen, shall, as soon as may be thereafter proceed in like manner, to elect one of their number by ballot for their president; and if any director shall cease to be a stockholder, or shall resign, his office shall be vacant, and whenever any vacancy Vacancies shall in any manner happen the same shall be filled by the remain- how filled. ing directors, by plurality of votes, until the next annual election; and that Cornelius Harsen, Henry Fitz, Abram Bogart, Peter Swain, Josiah Ingersoll, William Smith, Abraham A. Prall, Sylva- tors. nus Parsons and Edward Price shall be the first directors, and shall hold their offices respectively, until the first Tuesday in March, inclusive, which shall be in the year of our Lord one thousand eight hundred and twenty-eight, and until others are chosen in their place, and proceed to choose their president at such time and place as they, or a majority of them shall determine.

President how elected.

First dires.

for non-elet

3. And be it further enacted, That in case it shall at any time Not dissolved happen, that an election of directors shall not be made on the day tion. appointed by this act, for that purpose, the said corporation shall not for that cause, be deemed to be dissolved, but it shall and may be lawful to hold an election for directors on any other day, in such manner as shall be provided for by the by-law, and ordinances of said corporation.

4. And be it further enacted, That the capital stock of the said Capital stock $50,000. corporation shall be fifty thousand dollars, to be divided in shares of twenty-five dollars each; that the subscriptions of the same or such part thereof, as from time to time, may by the directors for the time being, be deemed proper and necessary, be opened by the appointment or under the directions of the directors before named, or Directors to a majority of them, subject to such rules, limitations and conditions criptions: as by them shall be prescribed.

3. And be it further enacted, That it shall and may be lawful for the directors, or a majority of them, to require payments of the

open sub

and notice

sums to be subscribed, at such time and in such proportions as they, Payment of or a majority of them, shall deem fit, under the penalty of the forabscription feiture of all previous payments thereon, and that previous notice how made. of the instalments required, after the first, and of the time when the same are to be paid, shall be published at least fourteen days, in two of the public newspapers in the city of New-York.

Querum.

By-laws.

'Steek how

6. And be it further enacted, That the directors for the time being shall form a board, and they, or a majority of them, shall be a quorum for transacting the business of said corporation, and shall have power to make such by-laws, rules and regulations, as to them shall seem needful and proper, touching the government of the said corporation, the management and disposition of the stock, property, estate and effects thereof, the duties of the officers, clerks and servants employed therein, the election of directors, and all such other matters as may appertain to the concerns of the said corporation, and shal! also have power to appoint so many officers, clerks and servants for carrying on the business thereof, with such salaries and allowances as to them shall seem meet.

7. And be it further enacted, That the stock of the said corpotransferable. ration shall be assignable and transferable according to such rules, and subject to such regulations as the board of directors shall from time to time make and establish, and shall be considered personal property.

tion.

8. And be it further enacted, That the corporation hereby creaPurposes of this corporated, is so created for the purpose of raising vessels or their cargoes, when sunk, to afford assistance to vessels when stranded and to remove obstructions in the East and Hudson rivers or elsewhere, and shall have power and authority to purchase, or build by contract, or otherwise, suitable boats, lighters, and machinery for the main business of the company, and to make contracts with any person or persons, or body politic or corporate, for raising vessels or property of any kind that has been, or may hereafter be sunk or stranded in the East or Hudson rivers, or such other place or places as the same may be for removing obstructions in said river, or elsewhere, as may require the use of the boats and machinery of said company, and for conveying goods or property of any kind from such vessels as are or may hereafter be sunk or stranded on our shores, and the said company shall have power for no other purpose whatsoever; and also that they and their successors, by the same name and style shall be in law, capable of purchasing, holding and conveying any estate or property, real or personal, as shall be necessary to give effect to the purposes of this incorporation, or for the accommodation of their business and concerns: Provided, The va lue of such real estate shall not at any time exceed the value of ten thousand dollars.

Proviso.

prepare

funds.

President to 9. And be it further enacted, That it shall be the duty of the Atatement of president, at least thirty days previous to the annual election as above provided, to prepare and insert in a book, a full and true statement of the funds and property of the said company, and the amount of debts due to and from the said company.

Banking prohibited.

10. And be it further enacted, That it shall not be lawful for the said corporation, to do or transact any banking business, or issue any note, bond or bill, or to issue any check or draft for the purpose

of loaning the same, or to discount any note, bond or bill, or to use or exercise any power not expressly granted by this act.

11. And be it further enacted, That this act shall be deemed a Declared & public act, and shall be benignly and favorably construed for all the public act purposes therein expressed and declared, in all courts and places whatsoever.

12. And be it further enacted, That the legislature may at time or times hereafter, alter, modify, amend or repeal this act.

CHAP. 20.

any Right to

AN ACT to divide the towns of Troupsburgh and Canisteo in the county of Steuben and to erect two new towns from parts of the same respectively.

Passed January 24, 1827.

peal reserved

Greenwood

1. BE it enacted by the People of the State of New-York, re- Town of presented in Senate and Assembly, That from and after the passage erected. of this act all those parts of the towns of Troupsburgh and Canisteo, in the county of Steuben, comprised in the first and second townships, in the sixth range of Phelps and Gorham's purchase shall be and are hereby erected into a separate town by the name of Greenwood; and that the first town meeting shall be held at the house of Town meetLevi Davis, in said town, on the first Tuesday of March next; and ing when that the annual town meetings of said town shall thereafter be held on the first Tuesday of March, at such place as the freeholders and inhabitants of the said town shall at their annual town meetings from time to time appoint.

of.

held.

Town of Jagerected.

per

Town meet.

2. And be it further enacted, That from and after the passage this act all those parts of the said towns of Troupsburgh and Canisteo in the county of Steuben, comprised in township number two, in the fifth range of Phelps and Gorham's purchase, shall be, and are hereby erected into a separate town by the name of Jasper; and that the first town meeting shall be held at the house of Andrew Simpson in the ing said town, on the first Tuesday of March next; and thereafter the future town meetings of said town shall be held on the first Tuesday of March, in each and every year, at such place in said town as shall be appointed by the freeholders and inhabitants thereof, in town meeting.

Troupsburgh

3. And be it further enacted, That all the remaining part of the town of Troupsburgh, shall be and remain a separate town by the name of Troupsburgh and all the remaining part of the town of Canisteo. Canisteo, shall be and remain a separate town by the name of Canisteo; and that the first town meeting in Troupsburgh, shall be Town meetheld at the house of George Martin, in said town, on the first Tues-ing. day of March next; and thereafter the future town meetings of said town, shall be held on the first Tuesday of March, in each and every year, at such place in said town as shall be appointed by the freeholders and inhabitants thereof, in town meeting: and the next town meeting in Canisteo, shall be held at the usual time and place of holding town meetings in said town,

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