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of ten thousand dollars, conditioned for the payment of such dama. ges as each and every person may sustain in consequence of the raising of the water of the said Oaks creek and Canadaraga lake by said dam, which said bond shall be filed in the office of the clerk of the county of Otsego; and any person conceiving himself aggrieved by the raising of said water as aforesaid, may prosecute on the said bond, and recover all his damages therefor, in case the same shall not be paid within thirty days after the same shall have been assess. ed, in the manner prescribed in the third section of this act, and that
no other action shall be prosecuted for the recovery of such damages. Three apprai 3. And be it further enacted, That it shall be the duty of the cirsers to be ap- cuit judge of the sixth circuit, on application made to him, either by pointed.
the persons hereby authorised to build and maintain the said dam, or by any person conceiving himself aggrieved by the overflowing of the water caused thereby, to appoint three disinterested freeholders of the said county appraisers, to assess and ascertain all damages which each and every person has sustained, and which he may sustain by reason of the erection of the said dam, and the overflowing of the waters caused thereby; and it shall thereupon be the duty of the person or persons obtaining such appointment of appraisers, to give notice to the owners of the lands overflowed by means of the erection of the said dam, or the agent of one of the cotton manufactories erected on the said Oaks creek, in case the appointment of appraisers shall be made on the application of one of the persons whose lands shall be overflowed, of the time and place of the meeting of the said appraisers; and further, that each of the said appraisers shall, before be 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 of said county, that he will, without favor or partiality, estimate and assess the damages which have and may be sustained by the owner or owners of the lands overflowed or injured by means of the erection of the said dam, and the overflowing of the water caused thereby; and on such appraisement being made, the said appraisers shall file the same, together with the said affidavit, in the office of the clerk of the county of Otsego ; and if in thirty days thereafter the amount thereof shall not be paid to the person who is entitled thereto, it shall be lawful for such person to prosecute the bond, in the second section of this act above mentioned; and a copy of such appraisement, certified by the clerk of the county of Otsego, shall be conclusive evidence of the amount of such damages, and on the payment of the said damages so assessed as aforesaid, the said Thomas Fuller, James Averill, Lemuel Todd, Russel Williams, Robert Campbell, and their associates, shall from thenceforth, and forever thereafter, have, hold, and enjoy the right and privilege of overflowing the said lands, for which they shall have
paid the said damages, free, clear, and discharged of and from all 'roviso. liability for any other or further damages whatever: Provided never
theless, That where any agreement had been made with any of the owners of the said lands which may be overflowed as aforesaid, for the assessment of damages, in a different manner from that prescri
bed in this act, that the damages of such person or persons shall be Proviso. assessed in the manner prescribed in and by such agreement : And
provided further, That if such bond, as is above directed, shall not be executed and filed within six months from and after the passing
of this act, that then all right and authority granted by this act shall cease and determine : Provided, That nothing in this act contained Proviso, shall exempt the said dam, and those concerned in the erecting or continuing the same, from indictment, punishment, and abatement at common law, in case the said dam shall prove prejudicial to the public health.
4. And be it further enacted, That this act shall be deemed and Public act, held to be a public act, and shall be known and recognized as such; and that the legislature of this state may at any time hereafter repeal, alter, or modify the same.
| CHAP. 328.
Passed April 17, 1827. 1. BE it enacted by the People of the State of New York, repre- Corporation sented in Senate and Assembly, That William Tillman, William S. create Dezeng, David S. Skaats, Nicholas Ayrault, Andrew P. Tillman, James Rees, Henry Dwight, Joseph Fellows, Andrew McNab and George Goundry, their successors and assigns, be and they are hereby created a body corporate and politic, by the name and style of the " Geneva Harbor Conspany,” for the purpose of constructing a Name, &c. harbor at the southern termination of the Cayuga and Seneca canal, at the northwest corner of the Seneca lake, at the village of Geneva, in Ontario county; and they are hereby ordained, constituted and declared, to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and so to remain for the space of fifty years after the passing of this act; and that they and their successors may have a common seal, and may change and alter the same at pleasure; 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, real and personal, for the use of the said corporation : Provided, That the real estate so to be holden, shall be such only as may be necessary to attain or promote the object of this incorporation. 2. And be it further enacted, That it shall be the duty of the ca- Duty of canal
commissionnal commissioners, and they are hereby required, to cause the proper eos bounds of the harbor, contemplated by this act, to be ascertained, located and established according to the true intent and meaning of this act; and they shall cause to be made a plan of said harbor, and deliver a copy thereof to the president or secretary of said harbo company, who shall cause the saine to be recorded in the clerk's orfice of Ontario county.
3. And be it further enacted, That the capital stock of the said Stock. company shall not exceed iwenty thousand dollars, to be divided into two thousand shares, of ten dollars' each; and that the said shares shall be deemed and considered personal estate, and be transferable.
Directors. . 4. And be it further enacted, That the persons above named
shall be and they are hereby appointed directors of said company for one year, from and after the passing of this act, and until others are elected in their stead ; and it shall be the duty of the said directors, or a majority of them, to open books of subscription for the stock of said company, at the hotel in Geneva, on the first Monday of July next; and the persons owning water lots on Seneca lake, adjoining the harbor aforesaid, shall be allowed a preference in subscribing for the said stock, during the three first days after the books are opened as aforesaid, and thenceforth the stock may be subscribed for without such preference ; and every subscriber shall, at the time of subscribing, pay two dollars on each share of stock so subscribed for by him, and the residue of the money shall be paid at such time or times, as the said directors shall prescribe; and the said directors shall choose one of their number for their president, another of their number for their treasurer, and another of their number for their secretary; and they shall have power to make such by-laws, rules, orders and regulations, not inconsistent with the constitution or laws of this state or of the United States, as they shall deem necessary for the construction, maintenance and repairs of said harbor, and the well ordering the affairs of said company; and shall also have power to prescribe the time, place and manner of choosing directors of said company ; to fill all vacancies in their board arising from the death or absence of any of their number; and a majority of the said
directors shall form a quorum for the transaction of business. The compa. 5. And be it further enacted, That as soon as the said harbor Dy to be in
in shall be finished in a good and workmanlike manner, and one of the vested with the barbor canal commissioners shall give a certificate thereof, which shall be
filed in the clerk's office of Ontario county, the said president, directors and company, shall be deemed and adjudged to have become invested with a title to the land under the water of the Seneca lake, occupied by their pier and harbor, for all the purposes of navigation,
of protecting sloops, boats and all other water craft, and not otherProviso. wise: Provided, That the said harbor company shall not, in the
erection and continuance of said harbor, and the use of the rights and privileges hereby granted, obstruct, prevent, or in any way interfere with the erection of dock or docks, wharf or wharves, store-house or store-houses, and the free use of the same by the owner or owners, occupant or occupants of lands adjoining the Seneca lake, embraced
by the said pier and haibor. Harbor fees 6. And be it further enacted, That for every boat, craft, or other and dockage.
see vessel entering into the said harbor, there shall be paid by the own
ers or masters thereof, to the president and directors of said company, for harbor fees and dockage, two cents per ton per day, on the tonnage of such boat, craft, flat or other vessel; and it shall and may be lawful for the said president, directors and company, to charge for all vessels, boats and craft lying in the Seneca lake at the outside of, and at said pier or dock, one half of the rate of harbor fees and
dockage above prescribed., Responsibili. 7. And be it further enacted, That the stockholders of said com
- pany are hereby declared to be jointly and severally liable in their
individual capacity for all contracts made by the Geneva Harbor Troriso Company, or their legally authorised agents or agent: Provided,
That no'suit shall be sustained for such debt against any stockholder,
when finish. ed.
unless the same has been demanded of the directors or agents of said company, and the paymept thereof refused.
8. And be it further enacted, That the legislature may at any time hereafter alter, modify or repeal this act.
Auburn Academy, in the County of Cayuga," passed April 20th,
Passed April 17, 1827. 1. BE it enacted by the People of the State of New-York, repre- Comptroller sented in Senate and Assembly, That the treasurer, on the warrant to pay $2000 of the comptroller, shall pay to the treasurer of Auburn academy
two thousand dollars : Provided, That it shall not be lawful for the progimo. · comptroller to draw such warrant until the trustees of said academy
shall obtain and deliver to the comptroller the certificate of the attorney-general that the said trustees have, in due form of law, reconveyed to the people of this state, all the estate, right, title and interest vested in said trustees, to lot number eighty-eight, in the town of Sterling, by virtue of letters patent issued in pursuance of the act hereby amended; and that said lot is free, clear and discharged from all grants or liens made or imposed thereon by said trustees.
2. And be it further enacted, That the act, entitled “an act to fare amend an act, entitled “ an act for the relief of the Auburn academy, repealed. in the county of Cayuga,” passed April 8, 1826, be, and the same is hereby repealed.
Passed April 17, 1827. WHEREAS Reuben B. Heacock, Heman B. Potter, Joba G. Preambie. Camp, William Hodge, Henry Kip, Thadeus Joy, Thomas C. Love, Ebenezer Johnson, Joseph Stocking, John B. Hicks, Barent I. Staats, William Ketchum, Josiah Trowbridge, George Coit, Elijah D. Effner, Abner Bryant, and others, have associated for the purpose of establishing a literary institution at Buffalo, in the county of Erie, which shall combine classical instruction with instructions in the useful arts and sciences, and shall afford the means of obtaining a thorough practical education at a moderate expense: Therefore,
1. BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That the several persons above cregled. named, and all such others as now are or shall hereafter become members of the said association, shall be, and are hereby declared to be a body politic and corporate, by the came of " the Buffalo ligh .
school association,” for the purpose aforesaid, and no other; and by
titled to all the privileges of an original stockholder. Sisteen trusó 3. And be it further enacted, That the concerns of the said cor
poration shall be managed by sixteen trustees, to be chosen annually by the stockholders, on the first Monday in September in each year, in such manner as shall be directed by the by-laws of the said corporation, each stockholder being entitled to as many votes as he
owns shares of stock. First trustees $ 4. And be it further enacted, That Reuben B. Heacock, He
man B. Potter, John G. Camp, William Hodge, Henry Kip, Thadeus Joy, Thomas C. Love, Ebenezer Johnson, Joseph Stocking, John B. Hicks, Barent I. Staats, William Ketchum, Josiah Trowbridge, George Coit, Elijah D. Effner and Abner Bryant, shall be the first trustees, and continue in office until others are chosen and appointed, and shall manage the concerns of the institution so as to carry into effect, as speedily as may be, the objects of this incorporation.
5. And be it further enacted, That in case the stockholders shall neglect or omit to choose trustees at any time hereafter, on the day by this act appointed for that purpose, the said corporation shall not thereby be dissolved; but in such case, the trustees then in office shall hold over until others are elected in their places, in such manner as shall be provided in the by-laws of the said corpo
6. And be it further enacted, That no part of the funds of the said corporation shall be appropriated to any other than literary
purposes. Public act. : 7. And be it further enacted, That this act sha!l be deemed a
public act; and may be amended or repealed at the pleasure of the legislature.