Payment.

in said county, such sums over and above all expenses of collecting the same as may be sufficient to repay to the state the sum which shall be loaned to said county by virtue of this act, in four equal annual instalments, with annual interest on the same.

$5. It shall be the duty of the said county treasurer to pay into the treasury of this state the said sums required by the last preceding section to be collected, when and as soon as the same shall come to his hand.

AN ACT to continue the act, entitled "An act to enable resident aliens to hold and convey real estate."

Passed April 18, 1833.

The People of the State of New-York represented in Senate and Assembly, do enact as follows:

S 1. The time allowed by the act, entitled "An act to enable resident aliens to hold and convey real estate," passed April 15th, 1830, for an alien to make and file his deposition or affirmation be continued until the fifteenth day of April, one thousand eight hundred and thirty-five, until which time all the provisions of the aforesaid act are hereby extended.

S2. This act shall take effect immediately after its passage.

Capital stock

creased.

CHAP. 168.

AN ACT to amend the act, entitled "An act for establishing a turnpike road between the cities of Albany and Schenectady," passed March 30th, 1802.

Passed April 18, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

$1. The president, directors and company of the Almay be in bany and Schenectady turnpike are hereby authorised to increase their capital stock by adding to their present capital the sum of fifty thousand dollars; the said additional capital shall be divided into shares of fifty dollars each, and such additional shares may be subscribed and paid for at par by the stockholders of the Albany and Schenectady

turnpike company, in proportion to the stock held by them respectively in said turnpike company at the time of such subscription, in case they elect to subscribe for such additional shares. And the president and directors of said turnpike road shall give at least ten days' notice, to be published in two newspapers printed in the city of Albany, and one newspaper printed in the city of Schenectady, of the time and place in the city of Albany when and where the said additional shares are to be subscribed for, and of the amount which is to be paid on each share at the time of making such subscription. And in case any of the stockholders in said turnpike shall. on the day appointed for that purpose, neglect to subscribe for such additional shares as such stockholder may be entitled to subscribe for, it shall be lawful for the said president and directors to give five days' notice of the time and place in the city of Albany, when and where the number of shares so neglected to be subscribed for may be subscribed for by the other stockholders in said turnpike, in proportion to the stock by them respectively held at the time of such subscription in said turnpike. And in case any shares shall yet remain to be subscribed for, it shall then be lawful for the said president and directors to give a further notice of five days of the time and place in the city of Albany, when and where subscriptions will be received from persons other than present stockholders, to said stock not then subscribed. And in case of an excess of subscription, it shall be the duty of the said president and directors to apportion the stock in proportion, as nearly as may be, to the amount so subscribed by each person.

stockholders.

$ 2. The president and directors of said turnpike com- Calls on pany shall have power to require the holders of such additional shares to make payment of all moneys which shall remain unpaid thereon after the payment which is to be made at the time of subscription as aforesaid, at such times and places, and in such proportions, as the said president and directors may see fit, under the penalty of forfeiture of said shares and all previous payments thereon, And notice of the payments thus required, and of the time and place when and where such payments are to be made, shall be given at least thirty days previous to the time of payment, by publication in a public newspaper printed in the city of Albany, and also in a newspaper printed in the city of Schenectady, which notice shall be deemed sufficient to authorise the forfeiture above provided, in case of any neglect to comply therewith.

and repair of

$3. The additional capital authorised by the preceding Improvement sections shall be appropriated by the said president and road. directors to the improvement and repair of said turnpike

road, by laying stone tracks and paving such parts of the sides of said road, or in the use of broken stone and gravel on said turnpike road, as in the opinion of said president and directors shall best accommodate the publie; and it shall be competent for the said president and directors to continue to repair such parts of said turnpike road as have firm banks, or are secured by bond stone on the sides, with broken stone and gravel, instead of the stone tracks and pavement above mentioned.

Bates of toll. S 4. When the said president and directors shall have expended the said sum of fifty thousand dollars, or so much thereof as shall be necessary in order to improve and repair said turnpike as contemplated by this act, it shall be lawful for the said president and directors in lieu of the tolls now allowed by law, to demand and receive at each the of toll-gates on said turnpike the following tolls: For every score of sheep or hogs, six and a quarter cents; for every score of cattle or mules, twelve and an half cents, and in that proportion for any greater or less number of sheep, hogs, cattle or mules; for every horse and rider, and for every horse led or driven, six and a quarter cents; for every coach, coachee, chariot or phaton drawn by two horses, twenty-five cents, and for every additional horse, three cents; for every sulkey, chair, chaise or wagon drawn by one horse, twelve and an half cents; for every post-coach, stage or stage-wagon used for conveying passengers and drawn by two horses or other animals, thirty-seven and an half cents, and for every additional horse or other animal, three cents; for every stage, sleigh or sled drawn by two horses or other animals, twenty-five cents, and for every additional horse or other animal, three cents; for every cart or wagon drawn by two horses or other animals, twelve and an half cents, and for every additional horse or other animal, three cents; for every sleigh or sled, other than stages, drawn by two horses or other animals, nine cents, and for every additional horse or other animal, three cents; and for every cart, sled or sleigh drawn by one horse or other animal, six and a quarter cents.

Valuation.

$5. As soon as the increased capital provided for by this act shall have been subscribed, and any portion of such increased capital shall have been subscribed for by any person not being a stockholder at the time of such subscription, it shall then be lawful for the said president and directors to appoint three disinterestrd freeholders, resident in the counties of Albany or Schenectady, to estimate the value of said turnpike; such estimate of the value to be returned and filed with the treasurer of said

turnpike company; and whenever the said increased capital, or so much thereof as may be necessary, shall have been expended in the improvement and repair of said turnpike, then the said increased capital and the value of said turnpike, estimated as above, shall be the capital upon which all future dividends shall be made anong the stockholders in said turnpike company, according to the stock by them respectively held therein.

$ 6. At all future elections for directors in said turn- Votes. pike company, every stockholder shall be entitled to one vote for each share of stock he may then hold.

$7. In case of any vacancy by death, resignation or Vacancies. otherwise, it shall be lawful for the directors then in office to fill such vacancy from among the stockholders; and the person thus elected a director shall hold his office until the next annual election for directors in said turnpike company.

$8. The legislature may at any time alter, amend or Rights rerepeal this act.

CHAP. 169.

AN ACT to incorporate the Sagg-Harbor wharf company.

Passed April 19, 1833.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

as

served.

$1. Lewis Howell, Samuel Hantlin, William R. Mul- Corporation ford, and such others as are now or may be hereafter croated. sociated with them, owners of the wharf late the property of the state of New-York, and their successors forever, shall be a body corporate, in fact and in name, by the name and style of the Sagg-Harbor wharf company.

$ 2. The capital stock of said Sagg-Harbor wharf com- Stock. pany shall consist of twelve thousand dollars, and be divided into shares of one hundred dollars each, to be paid in from time to time, as they shall deem it expedient for the extension and repairs of said wharf.

S3. The said proprietors shall meet annually on the Annual first Monday in February in each and every year, at such meetings. place as they may appoint, and they shall at such meeting elect a chairman, treasurer, wharfinger and three trustees, who shall hold their respective offices for one year, and until others shall be elected in their stead.

Votes.

Meeting.

Special

meetings.

Treasurer.

Wharfage.

How to be paid.

Wharf to be kept free

from incum.

brance.

S4. In electing the aforesaid officers, and in every question to be decided at any of the meetings of the said body, each share shall be entitled to one vote.

$ 5. In case it should happen that the annual meeting of the said proprietors should not be held on the first Monday in February, it shall be lawful for the said proprietors to hold said annual meeting on any other day, due notice of the same being given by the treasurer, as is hereinafter provided.

S 6. The chairman shall call a special meeting of the said proprietors whenever so required by the trustees or a major part of them, and it shall be the duty of the treasurer to give seasonable notice to all the proprietors of such special meeting, and also of the annual meetings.

$7. The treasurer shall act as secretary of said corporation, and shall keep their books and a strict and correct account of all such moneys as he shall receive and pay out, and at the annual meetings, and also at the special meetings, if so required, he shall exhibit said account, and shall hold all moneys in his hands subject to the order of the said proprietors.

$ 8. The master or owner of any ship or other vessel, or in their absence, the factor or agent to whom such ship or vessel shall be consigned, shall be liable to pay the wharfage due for such ship or vessel; but such factor or agent shall not be liable for the same unless an account of the wharfage due be delivered to such factor or agent, or if absent, left at his usual place of abode, and the money there demanded before the departure of such ship or vessel from the port.

$9. When any ship or other vessel has lain twentyfour hours at the said wharf, and the master or owner refuses or neglects to pay the wharfage, being thereunto required by the wharfinger, by notice in writing being left on board with the master or mate, or one of the hands belonging to said vessel, it shall be lawful for the wharfinger to distrain for such wharfage on any goods or chattels found on board such ship or vessel, and so from time to time as often as twenty-four hours' wharfage shall become due, and the goods and chattels so distrained, to sell and dispose of in the same manner as is provided by the revised laws of this state, in the case of distraining for rent.

$ 10. Whenever the said wharf shall be encumbered with lumber or other articles, so as to incommode the loading or unloading of vessels, or the passing and repassing of carts, the wharfinger shall give a personal notice,