CHAP. 275.

AN ACT to amend an act, entitled "An act incorporate the New-York and Albany rail-road company," passed April 17th, 1832.

Passed April 29, 1833.

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

$1. The act entitled "An act to incorporate the New-Act renewed. York and Albany rail-road company," passed April 17th, 1832, is hereby renewed and continued in full force.

may orga

$ 2. The said company shall be, and they are hereby Company authorised to organize under the said charter, and com- nize. mence the construction of a rail-road, at any time after one million of dollars of the stock of said company shall be subscribed; and the commissioners heretofore named are hereby authorised to re-open the books for subscription, at the places and in the manner prescribed in the act hereby amended.

tended.

S3. The time for the commencement or completion of Time not exsaid road, or any part thereof, shall not be deemed to be extended by this act.

S4. The legislature may at any time alter, modify or Rights rerepeal this act.

served.

CHAP. 276.

AN ACT authorizing a sale, to the town of Brighton, of a lot of land for a burial ground.

Passed April 29, 1833.

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

S 1. It shall be the duty of the commissioners of the land-office, on receiving the full value thereof, to quit claim to the town of Brighton, in the county of Monroe, the right of the people of this state to the following described piece of land: beginning at the southwest corner of lot C, on land conveyed by Elisha B. Strong to the people of the state of New-York, thence east, on the south line of said lot, twenty rods; thence north twelve rods; thence west twenty rods, on the west line of said lot; thence south fourteen rods, to the place of beginning, containing one acre and five-eighths of an acre of land.

Corporation created.

Time limited.

Stock.

Subscriptions

to stock

CHAP. 277.

AN ACT to renew and amend the act entitled "An act to incorporate the Great Au Sable Rail-Road Company,' passed March 30th, 1832.

Passed April 29, 1833.

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

$1. Elkanah Watson, and such other persons as shall hereafter become stockholders of the said company, are hereby constituted a body corporate and politic, by the name of “The Great Au Sable Rail-Road Company," for the purpose of constructing a single or double rail-road or way from Keeseville, on the Great Au Sable river, along the valley of the said river, to lake Champlain, at Port Kent; to take, transport, carry and convey property and persons upon the same, by and force of steam, of the power animals, or any mechanical power, or of any combination of them, for the term of fifty years from the passage of this act.

$ 2. If the corporation hereby created shall not, within three years from the passage of this act, commence, and within five years thereafter construct, finish and put in operation the said single or double rail-road or way, then the said corporation shall thenceforth forever cease, and this act shall be null and void.

S3. The capital stock of the said company shall be sixty thousand dollars, and shall be divided into shares of fifty dollars each, and shall be deemed personal property, transferable in such manner as the by-laws of the said cor poration shall direct.

§ 4. Richard Kees, of Clinton county, Charles M. Watson, of Essex county, William McDonald, of Warren county, John McIntyre, of Washington county, Robert D. Silliman, of Rensselaer county, and John R. Peters and George Curtis, of the city of New-York, shall be commissioners, whose duty it shall be, within one year after the passage of this act, at some suitable place at the village of Keeseville, or in the city of New-York, or in the city of Albany, or in each or all of those places, as the said commissioners shall determine, to open books and receive subscriptions to the capital stock of said corporation, which books shall be kept open for subscription for the space of three successive days; and within ten days thereafter, the said commissioners shall meet in the village of Keeseville, and if more than sixty thousand dollars shall have been subscribed, they shall distribute the said stock among the

several subscribers in such manner as they shall deem most conducive to the interests of the said corporation. The commissioners shall receive no subscriptions unless five dollars on each share subscribed be paid at the time of subscription. Notice, by publication in one of the newspapers published in Keeseville, New-York or Albany, wherever the said books shall be opened, shall be given for fourteen days previous to the day appointed for that purpose.

S 5. The several sections of the act entitled "An act Sections reto incorporate the Great Au Sable Rail-Road Company," nowed. passed March the thirtieth, one thousand eight hundred and thirty-two, except sections first, second, third and fourth, are hereby renewed.

$6. The legislature may at any time alter, amend, mo- Rights re dify or repeal this act.

CHAP. 278.

AN ACT to increase the capital of the Jefferson insurance company, in the city of New-York.

Passed April 29, 1833.

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

served.

$1. The directors of the Jefferson insurance company stock inin the city of New-York, are hereby authorised to in- creased. crease the capital stock of the said company to two hundred thousand and ten dollars, in shares of thirty dollars each; and the new stock shall be apportioned pro rata among the holders of the present stock, at the time when the first instalment on the new stock shall be required to be paid in.

how to be

$2. The new stock hereby authorised to be issued shall New stock be paid in specie or current bank bills, within twelve paid. months from the passage of this act, in such instalments as the board of directors may direct; and in default of the payment of any of the instalments at the time required by the board of directors, the same shall be forfeited to the company, together with all instalments that may have been paid thereon; but the said company shall not make any loans of the capital stock hereby created, except the same be secured by mortgage on unincumbered real estate within the state of New-York, of one-third greater value than the sum so loaned.

Forfeituro.

Notice.

Mortgage

void unless filed.

How and

filed.

$ 3. All stock not taken by those having a right thereto, or that may be forfeited to the company by not paying the instalments when required, shall be disposed of by the board of directors in such manner as they may deem most beneficial to the interest of the company.

$ 4. Public notice shall be given in not less than three of the public newspapers printed in the city of New-York, for not less than fifteen days previous to the time for the payment of any of the instalments.

CHAP. 279.

AN ACT requiring mortgages of personal property to be filed in the town clerks' and other offices.

Passed April 29, 1833.

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

S1. Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the succeeding section of this act.

$ 2. The instruments mentioned in the preceding secwhere to be tion shall be filed in the several towns and cities of this state where the mortgagor therein, if a resident of this state, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so mortgaged shall be at the time of the execution of such instrument. In the city of New-York, such instrument shall be filed in the office of the register of said city. In the several cities of this state, other than the city of New-York, and in the several towns in this state in which a county clerk's office is kept, in such of fice; and in each of the other towns in this state, in the office of the town clerk thereof; and such register and clerks are hereby required to file all such instruments aforesaid presented to them respectively for that purpose, and to endorse thereon the time of receiving the same, and shall deposit the same in their respective offices, to be kept there for the inspection of all persons interested.

S 3. Every mortgage filed in pursuance of this act shall Every year. cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof; unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid, of the town or city where the mortgagor shall then reside.

evidence

S4. A copy of any such original instrument, or of any A copy to be copy thereof, so filed as aforesaid, including any state-received in ment made in pursuance of this act, certified by the clerk or register in whose office the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy, and statement, was received and filed according to the endorsement of the clerk or register thereon, and of no other fact; and in all cases the original endorsement by the clerk or register, made in pursuance of this act upon such instrument or copy, shall be received in evidence only of the facts stated in such endorsement. $5. The register of the city and county of New-York, Mortgages to and the clerk of the city and county of Albany, shall respectively number every such instrument or copy which shall be filed in their offices, and shall enter in books to be provided by them, alphabetically, the names of all the parties to such instrument, with the number endorsed thereon opposite to each name; which entry shall be repeated alphabetically under the name of every party thereto.

be numbered.

$6. For services under this act, the clerks and regis- Fees. ters shall be entitled to receive the following fees: For filing each instrument or copy, six cents; for entering the same in a book as aforesaid, in the said cities of Albany and New-York, six cents for every party to such instrument; for searching for each paper, six cents; and the like fees for certified copies of such instruments or copies, as are allowed by law to clerks of counties for copies and certificates of records kept by them.