sued, in all courts and places, in all mannner of actions, and to take and hold and convey property, real and personal, necessary for the purpose of extinguishing fires, and the preservation of engines, tools and implements of the said company.

$ 2. The said trustees and their successors, or a ma- Firement. jority of them, shall have power and authority to nominate and appoint a sufficient number of firemen, (willing to ac cept,) not exceeding twenty-five to each engine belonging to such company, to have the care, management, working and using said fire engine or engines, and all the imple ments aforesaid, and who shall be ready at all times to assist in extinguishing fires: and further, the said trustees, or a majority of them, shall have power from time to time to remove any firemen so to be appointed, and others to appoint in the room or stead of those so removed, when and as often as they shall think proper: and further, that it shall be lawful for such trustees, or a majority of them, to make, establish and ordain such rules and regulations, for the government of the persons so to be appointed firemen, for the purpose of using and working the said fire engine or engines, tools, or implements, and to impose upon such firemen, or any of them, such reasonable fines and penalties, not exceeding five dollars for any one of fence in not performing the duties so enjoined upon or required from them, as they from time to time may think. proper.

S3. All fines incurred by virtue of this act may be re- Fines covered by any one of the trustees aforesaid, in his own name, before any justice of the peace in the said county of Oneida, with costs of suit, and shall be appropriated for the purpose of procuring and keeping in repair the fire engine or engines, and other implements for extinguishing fires.

S4. It shall and may be lawful for the said trustees, or Clerk a majority of them, from time to time to appoint a clerk, who shall enter in a book to be kept for that purpose, the names of the proprietors of the said engine or engines, and other implements, the names of the trustees from time to time chosen, and the names of the firemen appointed or re'moved, together with such rules and regulations as shall be made for the government of the company hereby incorporated or of the persons to be appointed firemen, and other rules and regulations made by such trustees, and all other proceedings of the said trustees by virtue of this act; which entries may be given in evidence in any trial for the recovery of any. penalty which may be incurred by virtue of this act.

Trustees.

Privileges.

Certificate.

Time limited.

General powers.

$ 5. The said trustees shall be chosen by the persons associated under this act, or their successors for the time being, pursuant to such rules and regulations as may be prescribed by a majority of the persons so associated; and shall hold their offices for one year, or until others shall be chosen in their stead.

$6. Each of the said persons who shall be appointed a fireman as aforesaid, and the trustees and their clerk, whilst they shall continue in such station, shall be exempt from ordinary military duty, and from serving as a juror in courts of justices of the peace.

$ 7. A certificate, under the hand of the clerk of the said company, shall be deemed and taken, in all places, as competent evidence that the person to whom it is given is a member of said company, and entitled to all the privileges and exemptions in and by this act granted to the members of such company.

S8. This act shall be void unless a fire company shall be formed, and a fire engine procured, within one year from the passage of this act.

$9. The said corporation shall possess the general powers of a corporation, as defined in the third title of the eighteenth chapter of the first part of the Revised Statutes, and shall be subject to the provisions contained in that chapter.

CHAP. 254.

AN ACT for the relief of William Brayton and Salmacius

Bordwell.

Passed April 27, 1833.

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

Re-estimate. $ 1. The acting canal commissioners shall cause re-estimates to be made of the value of the extra work performed by William Brayton and Salmacius Bordwell, under a contract entered into by them with the canal commissioners on the twenty-second day of September, one thousand eight hundred and twenty-eight, for taking up and re-building three stone locks on the Champlain canal.

Faymen

$ 2. If by such estimates it shall appear satisfactorily to said commissioners that a balance is due from the state, over and above all sums heretofore paid to,* said commis

*So in the original.

sioners shall pay such balance to said Bordwell and Brayton, on their delivering to said canal commissioners a release to the people of this state of all claims for damages, costs or expenses arising from said contract.

CHAP. 255.

AN ACT to erect a new town from the towns of Lyme and
Orleans, in the county of Jefferson.

Passed April 27, 1833.

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

Clayton

S1. From and after the passage of this act, all that part Town of of the town of Lyme, in the county of Jefferson, lying east- erected. erly of a line beginning at the southwest corner of Penet square, running north thirty-one degrees west, to the north bounds of the county, in the river St. Lawrence; and all that part of the town of Orleans, in said county, lying northerly of Penet square, and west of a line beginning at the northeast corner of lot number four, of Penet square, running south to the southeast corner of lot number ninety-seven of said Penet square, shall be and the same is hereby erected into a new town, of the name of Clayton; and the first town-meeting shall be held in said town, at the house of Isaac L. Carter, on the first Tuesday of May next.

main.

S2. All the remaining parts of the towns of Orleans and Orleans and Lyme shall be and remain separate towns, by the names of Lyme to reOrleans and Lyme, and the next town-meeting shall be held at the places to which they were adjourned at their last town-meeting in said town.

S3. The supervisors and town clerks of said towns, to- Money, &c. gether with the overseers of the poor, as soon as may be after the first Tuesday of June next, notice being first given for that purpose, shall meet together and divide the poor and bridge money belonging to said towns, agreeable to their last tax list; and that each of said towns shall forever thereafter maintain their own poor.

$ 4. The provisions of the fourth article of the fourth ti- Justices. tle of the fifth chapter of the first part of the Revised Statutes, in relation to justices of the peace, shall apply and be in force in regard to the towns of Lyme, Orleans and Clayton, upon the passage of this act.

CHAP. 256.

AN ACT to vest certain additional powers in the supreme court commissioner appointed for the town of Kingsbury, in the county of Washington.

Passed April 27, 1833.

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

S1. The supreme court commissioner appointed for the town of Kingsbury, in the county of Washington, is hereby authorised and empowered to do and perform all such duties as any judge of the court of common pleas of the county of Washington could do and perform out of court, in vacation, to any suits or proceedings in said court, with the like compensation for such services as any such judge of the said court of common pleas is by law allowed.

S2, This act shall be in force and take effect immediate: ly after the passage thereof,

CHAP. 257.

AN ACT to amend an act entitled "An act to incorporate the Traders' insurance company, in the city of NewYork," passed March 9th, 1825.

Passed April 27, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

$ 1. It shall be lawful for the Traders' insurance company of the city of New-York to hold such real estate which said company, by virtue of the act hereby amended, may have purchased prior to the passage of this act, for the term of five years from the passage of this act, and shall not be capable of holding the same (except such as may be necessary for the transaction of their business,) after the expiration of the said five years; but the same shall immediately, after the expiration of the said five years, be forfeited to and vested in the people of this state.

CHAP. 258.

AN ACT to incorporate the Long-Island Farmers' fire insurance company.

Passed April 29, 1833.

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

created.

$1. Nathaniel Seaman, Platt Willets, Benjamin F. Corporation Thompson, and all such persons as shall be associated with them, are hereby declared to be a body corporate, in name and in fact, by the name of "The Long-Island Farmers' Fire Insurance Company, in the county of Queens," and to continue for thirty years and no longer. S2. The capital stock of the said company shall be fif- Stock. ty thousand dollars, to be divided into two hundred and fifty shares of twenty dollars each; and it shall not be lawful for the said corporation to commence any business whatever, until the whole amount of the capital stock shall be subscribed and paid in specie or current bank bills of this state, or secured by the public stocks created by this or any other state, or by the United States, or an incorporated city or bank of this state, which shall be at the time at or above par value in the market.

$3. The stock, property and concerns of the said cor- Directors, poration shall be managed by thirteen directors, being stockholders, and one of whom shall be president thereof, and which directors shall hold their offices for one year, and until others shall be chosen, and no longer; the first directors shall be chosen at such time and place in the town of Hempstead, in the county of Queens, as the commissioners hereinafter named shall designate; and every future election shall be held on the first Monday of April in every year, at such time of the day and at such place as the directors for the time being shall appoint; and of the first election, as well as every other election, public notice shall be given in one of the newspapers printed in the county of Queens, at least fifteen days previous to said election. The first election shall be held under the direction of the commissioners, as hereinafter directed; and every subsequent election shall be holden under the inspection of three stockholders, who shall not be directors, and shall be made by ballot, by a plurality of the stockholders present, allowing one vote for every share; and the stockholders not present may vote by proxy, such proxy being granted directly to the person representing them at such election, and the votes to be given by citi zens of the United States inhabiting this state.