faxes.

money, instead of labor, if required by said trustees, and may be collected as other taxes, in the manner provided in the next section, and shall be applied to the improvement and repairing of the highways, streets, sidewalks and crosswalks in said corporation, as said trustees shall direct, and in their default so to direct, as such overseer shall direct.

Collection of $7. All taxes assessed by said corporation as aforesaid, except highway taxes to be paid in labor, shall and may be collected by said collector, under and by virtue of a warrant of the trustees, or a majority of them, returnable in not more than sixty days from the date thereof, in the same manner that county and town taxes are by law collected; and the said collector shall have the same power to seize, levy and sell property for the collection thereof, that town collectors by law now have.

General powers.

Corporation. croated.

Representa. tives.

President and

S8. The said village shall possess the powers, and be subject to the provisions of the third title of chapter eigh teen of the first part of the Revised Statutes, so far as the same may be applicable.

CHAP. 237.

AN ACT to incorporate the firemen of the city of Utica.
Passed April 26, 1833.

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

$ 1. All such persons as now are, or hereafter shall be engineers of the fire department, fire-wardens or firemen belonging to any of the fire-engine, hose, hook and ladder or axe companies of the city of Utica, shall be, and hereby are ordained, constituted and declared to be (and continue until the first Tuesday in May, one thousand eight hundred and fifty-three,) a body politic and corporate, in fact and in name, by the name of the "Fire Department of the City of Utica."

$ 2. The engineers belonging to the said fire department shall, on or before the first Monday in January, in every year, choose one representative; the fire-wardens, two representatives; each company of twenty firemen or upwards, three representatives; and under twenty firemen, two representatives; who shall have and exercise all such powers as are hereinafter committed to them.

$3. The said representatives shall choose on the seother officers cond Monday of January in every year, by ballot, out of

their own body, a president and vice-president, and out
of their own body, or the whole body of the firemen, three
trustees, a treasurer, secretary and collector. The first
representatives shall be, Abraham Culver, Moses Bagg,
Alrick Hubbell, Jonathan R. Warner, John S. Peckham,
Anthony W. Latour, Hiram Greenman, Robert R. Rhodes,
Orville Mather, Henry Miller, George F. Smith, Benja-
min M. Davis, William Williams, Jacob D. Edwards,
James Knox, Daniel J. Francis, John C. Clark, James
Comstock, John Baxter, Harry Bushnell, Israel Wade,
Edward Herrick, William C. Rogers, Otis Manchester,
Lewis Loomis and H. Dwight Williams: John H. Ostrom,
shall be the first president; Moses Bagg, shall be the first
vice-president; Ezra S. Comstock, Robert R. Rhodes,
George F. Smith, Henry H. Pease, William Williams,
John Baxter, John Fish, Abraham B. Williams and John
J. Francis shall be the first trustees; James Platt, shall
be the first treasurer; Jacob D. Edwards, shall be the first
secretary; and Alrick Hubbell, shall be the first collector;
to hold their respective offices and places until others are
appointed in their stead, agreeably to the provisions of
this act.
The said trustees shall class themselves into
three classes: number one, shall go out of office the first
year; number two, the second year; and number three,
the third year.
The said trustees shall manage the affairs
and dispose of the funds of the corporation according to
the constitution and by-laws of the said corporation made,
or from time to time established by the representatives.
The trustees shall choose a president, who shall have a
right to convene them when he thinks proper, at least
once a year. The treasurer shall give security to the
trustees for the faithful performance of his trust; and
shall at every annual meeting of the representatives, ren-
der them an account of the state of the funds.

presentatives

$ 4. The representatives shall, at their meeting, have Power of rea right to inquire into and control the application of their' funds, and to displace any of the trustees and officers if guilty of mal-conduct, and elect others in their stead. A majority of the said representatives shall be a quorum, to do business. In case of a vacancy in the office of representative, such vacancy shall be filled by the company from which he is deputed, for the remainder of the year, by a special election, to be held for that purpose. And in case of a vacancy in the office of president, vice-president, treasurer, secretary, collector or any trustee, such vacancy shall be filled by the representatives for the remainder of the year by a special election for that purpose.

By laws.

Election

Funds.

Suits.

$5. Two-thirds of the said representatives shall have full power to make and prescribe such by-laws, rules, ordinances and regulations as to them from time to time shall be deemed necessary for the proper management and disposition of their funds, for the purposes aforesaid; and relating to the meetings of the said corporation, both special and ordinary, except the second Monday of January in every year, which is hereby declared to be their annual meeting; and relating to the duties and conduct of their officers and trustees, and to such other matters as appertain to the business and purpose for which the said corporation is by this act instituted, and for no other purpose whatever.

6. In case any election shall not be made on any day when, pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved; but it shall and may be lawful any other day to hold and make such election in such manner as shall have been regulated by the by-laws and ordinances of the said corporation.

$7. The funds of the said corporation which shall arise from any fines, penalties or forfeitures imposed by any ordinances of the common council of the city of Utica, and payable by such ordinances to the fire department, or from certificate and donations, and from such other objects as may have been heretofore, or may be hereafter agreed on by the respective fire companies. shall be appropriated to the relief of such indigent or disabled firemen, or their families, as may be interested therein, and who may, in the opinion of a majority of the trustees, be worthy of assistance; but if they shall amount to a greater sum than the trustees may think necessary to apply to the said purposes, then the said representatives shall have power to apply such surplus to the purpose of extinguishing fires, under such limitations and restrictions as they may with the sanction of the common council of the city of Utica, deem proper.

S8. In any action, suit or other proceeding, which is now or hereafter may be instituted, commenced or prosecuted for the recovery or collection of any fine, penalty or forfeiture, imposed by any existing or future law or ordinance of the common council of the city of Utica, and appropriated to the use of the "Fire Department of the city of Utica," or of any of the fire companies in said city, it shall be no objection to the competency of any witness, in any such action, suit or other proceeding for the recovery or collection of any such fine, penalty or forfeiture so imposed and appropriated to the use of the fire department of

the said city, or of any of the fire companies in said city, that he, the said witness, is, or has been a fireman of said city, or a member of the said fire department, or is or may be entitled to the benefit of the fire department fund of the city of Utica.

visions.

$9. The said corporation hereby created shall be sub- General project to the provisions and liabilities prescribed in the first title of the eighteenth chapter of the first part of the Revised Statutes.

fect.

S 10. This act shall take effect from the time of its pas- To take ef sage, and the legislature may at any time alter, modify or repeal the same.

CHAP. 238.

AN ACT relative to certain water patents, fronting on the
Albany basin.

Passed April 26, 1833.

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

S 1. The commissioners of the land-office are directed by letters patent to extend the water patents of Abraham Van Vechten, Edward C. Delavan, Platt Williams and others, owners of the water lots between Quackenbush and Orange-streets, fronting on the Albany basin in the city of Albany, eastwardly into the said basin; so that the eastern boundaries of said water lots shall be a straight line drawn from the southeast corner of the dock of John N. Quackenbush to a point in said basin, opposite the foot of Orange-street, to be determined by said commissioners.

CHAP. 239.

AN ACT to incorporate the Whitehall and Rutland railroad company.

Passed April 26, 1833.

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

$1. Peter J. H. Myers, Melancton Wheeler and Ezra Corporation Smith, and such other persons as shall become stock-created. holders, agreeably to the provisions of this act, in the corporation hereby created, shall be, and for the term of fifty

years, shall continue to be a body corporate and politic, by the name of the Whitehall and Rutland rail-road company.

$ 2. The said corporation shall have the right to construct, and during its existence to maintain and continue a rail-road, with a single or double track, and with such appendages as shall be necessary for the convenient use of the same, commencing at any eligible point to be assented to by the trustees of said village, within the village of Whitehall, in the county of Washington, and running eastwardly to the western line of the state of Vermont, in a way and direction to meet the rail-road to be constructed commencing at Rutland, in the state of Vermont, and running thence westwardly in a direction for the village of Whitehall.

S3. The capital stock of the corporation shall be one hundred thousand dollars, with power to increase the same, to an amount not exceeding fifty thousand dollars, if necessary to complete said rail-road or way, and furnish the carriages to run thereon. The said capital stock shall be divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by bylaws direct.

$4. Peter J. H. Myers, Melancton Wheeler, Ezra Smith, Lynde Catlin and Erastus Corning, shall be commissioners for receiving subscriptions to the capital stock of the corporation, and for apportioning the same among the subscribers, agreeably to the provisions of this act.

$ 5. It shall be the duty of the commissioners, within one year after the passage of this act, to give notice, once in each week for three weeks in succession, in a newspaper printed and published in the county of Washington, of the time when the books will be opened, at some convenient place in the village of Whitehall, for receiving subscriptions to the capital stock of the said corporation.

$ 6. One or more of the said commissioners shall attend at the time and place appointed by the said notice for the opening of the said books, and, for three days successively, and during at least six hours of each day, shall continue to receive subscriptions to the capital stock of the said corporation, from all persons who will subscribe thereto in conformity with the provisions of this act.

$7. Each subscriber, at the time he subscribes, shall pay to the commissioners one dollar on each share of the stock subscribed by him.