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CHAP. 318.

AN ACT to erect the town of Long Lake, in the county of

Hamilton.

Passed May 4, 1837.

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

Long-Lake

§ 1. From and after the first day of January next, all Town of that part of the towns of Wells, Lake Pleasant, Arietta erected. and Morehouse, in the county of Hamilton, comprised within the following boundaries, to wit: beginning at the northeast corner of the town of Wells, thence southerly on the easterly line of said town to the southerly .ine of township number twenty; thence westerly along said southerly line to the easterly line of township number nineteen; thence northerly along said easterly line to the southerly line of township number twenty-one; thence westerly along said southerly line to the easterly line of township number thirtyfive; thence northerly along said easterly line to the southerly line of township number thirty-six; thence westerly along said southerly line to the eastlerly line of township number forty; thence northerly along said easterly line to the southerly line of township number thirty-nine; thence westerly along said southerly line to the easterly line of township number forty-one; thence northerly along said easterly line to the southerly line of township number fortytwo; thence westerly along said southerly line to the westerly line of said county; thence northerly along said westerly line to the north-west corner thereof, thence easterly along said northerly line to the place of beginning, shall be and remain a separate town, known by the name of Long

Lake.

§ 2. All the remaining parts of said towns of Wells, Lake Other towns Pleasant, Arietta and Morehouse, shall continue to be the to remain. towns of Wells, Lake Pleasant, Arietta and Morehouse.

ing.

§3. The first town meeting in said town of Long Lake Town meetshall be held at the dwelling house of E. H. St. John, on the first Tuesday of April next.

held.

§4. Any justice of the peace of the towns of Wells, How to be Lake Pleasant, Arietta or Morehouse, may preside at the first town meeting in said town of Long Lake, and shall have and possess full power to appoint a clerk and keep the polls in said town at such town meeting, and in the absence of such justice, it shall be lawful for such meeting to choose a moderator to preside at such town meeting; and such moderator so chosen, shall possess the same power to appoint a clerk to keep the polls at such town meeting as is herein before given to the justice of the peace, in case a justice shall preside thereat.

Powers of Commission

er.

Acts con firmed.

Surveyor. general.

Deputy comptroller,

cretary and treasurer.

CHAP. 319.

AN ACT in relation to the supreme court commissioner residing at Cooperstown, Otsego county.

Passed May 4, 1837.

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

§ 1. The supreme court commissioner residing at Cooperstown, Otsego county, and his successors, are hereby empowered, authorized and required to perform all the duties, and execute every act, power and trust which the first judge, or any other judge of the county courts of the county of Otsego, of the degree of counsellor at law in the supreme court, may or could perform and execute out of court, relating to such courts, according to law, and the rules and practice thereof.

§ 2. The acts of the present supreme court commissioner, residing at Cooperstown, under the act passed January 28, 1836, in relation to the said commissioner, are hereby confirmed. But nothing in this act contained, shall be taken to affect any action or legal proceedings already commenced.

CHAP. 320.

AN ACT increasing the salary of certain officers therein mentioned.

Passed May 4, 1837.

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

§ 1. From and after the passage of this act, the salary of the surveyor-general shall be one thousand dollars.

§ 2. The salary of the following officers shall be increasdeputy se- ed for one year from the first day of January last, in addition to the salary now allowed by law, viz: Philip Phelps and George W. Newell, deputy comptrollers, two hundred and fifty dollars each; Archibald Campbell, deputy secre tary of state, two hundred and fifty dollars; and the treasurer of this state, three hundred and fifty dollars.

Adjutant-ge.

neral for

§3. From and after the passage of this act, there shall clerk hire. be allowed for clerk hire, in the adjutant-general's office, five hundred dollars annually, instead of the sum now allowed by law.

Act to take effect.

§ 4. This act shall take effect immediately on its passage,

CHAP. 321.

AN ACT authorizing the trustees of the village of Catskill, or their successors in office, to subscribe for two thousand shares in the increased capital stock of the Canajoharie and Catskill rail-road company, and to borrow money to pay for the same.

Passed May 4, 1837.

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

of stock.

§ 1. It shall be lawful for the trustees of the village of Subscription Catskill, or their successors in office, to subscribe for two thousand shares of the increased capital stock of the Canajoharie and Catskill rail-road company, on the conditions hereinafter mentioned.

may borrow

§ 2. To enable the trustees to pay for such stock, they Trustees are hereby authorized to borrow moneys in the manner $100,000. hereinafter provided, on the faith and credit of the said village, so that the aggregate of the moneys so borrowed shall not exceed the sum of one hundred thousand dollars, and to execute therefor, to the lender or lenders, a bond or bonds, under the corporate seal of said village, and signed by the president, and countersigned by the treasurer of the board of trustees of the said village.

ven.

§ 3. It shall be lawful for the said trustees, in order to What secu secure to the lender or lenders the punctual payment of the vix to be gi interest and redemption of the principal, at such time or times, place or places as may be agreed upon with the lender or lenders, or determined by the said trustees, subject to the provisions of this act, to pledge, hypothecate or mort gage any estate, real or personal, belonging to the said village, or to which it may become entitled under the provi

sions of its charter.

§ 4. The said bond, or bonds, shall be made payable at Bonds when such time or times, place or places, (subject to the provi- payable. sions hereinafter mentioned,) and with such pledge, hypothecation, mortgage or securities for the payment of the interest and redemption of the principal sums borrowed, as may be agreed upon with the lender or lenders, or as the trustees of the said village may consider most beneficial for the interest of the said village.

tions to stock

made.

§ 5. No stock of the said rail-road company shall be sub- Subscrip scribed for by the said trustees, or their successors in office, when to be until it is ascertained that the money to pay for the same, can be borrowed, and on the terms as hereinafter mention. ed; nor shall any of the said stock be subscribed for by the said trustees, or their successors in office, until twelve hundred shares, being the original capital stock of the said rail

At what price.

Dividends.

Rate of inte rest for loan.'

Stock to be subscribed

road, shall have been subscribed, and twenty-five per cent paid thereon to the treasurer of the said rail-road company, and duly expended towards constructing the said road. To enable the trustees of the said village, or their successors in office, to determine whether the conditions in this section mentioned, are performed, it shall be the duty of the president and treasurer of the said rail-road company, when they shall deem such conditions to have been performed, to deliver to the said trustees their affidavit, taken before a commissioner authorized to take affidavits, setting forth such performance, together with the names of the subscribers to the original capital stock, the number of shares held by each, and the sum or sums paid upon each share of the said stock; which affidavit shall be filed and recorded in the clerk's office of the county of Greene.

§ 6. No stock shall be subscribed for, or taken, by the said trustees, or their successors in office, at a price above the par value thereof.

§7. Dividends, when made by the said rail-road company shall be made on the amount paid in by the stockholders, and not according to the number of shares held by them.

§ 8. No money shall be borrowed by the said trustees, or their successors in office, for the purposes aforesaid, at a rate of interest exceeding six per cent per annum, payable semi-annually; nor shall any such money be borrowed for a period less than fifteen years, and not exceeding twenty-five years.

§ 9. The said trustees, or their successors in office, are for in parcels hereby authorized to subscribe for five hundred shares of of 500 shares the said increased capital stock of the said rail-road, in case

the money can be borrowed to pay for the same as herein provided, immediately after the performance of all the conditions specified in the fifth section of this act; five hundred shares of the said increased capital stock, when the stockholders to the original capital stock of the said road, shall have paid thereon fifty per cent; five hundred shares of the said increased capital stock when the said stockholders to the said original capital stock of the said road, shall have paid thereon seventy-five per cent; and five hundred shares of the said increased capital stock, when the said stockholders to the said original capital stock of the said road, shall have paid thereon one hundred per cent. But each subscription by the said trustees, or their successors in office, shall be authorized by a separate vote of the inhabitants of said village, in the manner provided in the next section. Consent of § 10. The said trustees, nor their successors in office, inhabitants shall make any subscription for the said stock, nor borrow any money to pay for the same, unless a majority of the inhabitants of the said village qualified to vote for charter officers thereof shall, from time to time, at the annual meet

to be obtain

ed.

ings for the election of the said charter officers, or at any meetings of said inhabitants, called from time to time by the trustees of said village, in the manner specified in the eighth section of the act amending the act incorporating the said village, passed April 12, 1822, vote for each of the said subscriptions for the said stock, and for borrowing the money pay for the same.

to

be kept and assessinents

11. It shall be the duty of the trustees of said village, Accounts to who are or may be hereafter appointed, to keep accurate accounts of the moneys so borrowed, and the interest ac- to be made. cruing thereon, and of the disbursements of the same; and to pay for the stock so subscribed for by the said trustees: and in case the dividends arising on the proportion of the stock held by said village shall not be sufficient for the payment of the interest and redemption of the principal as the same shall become due, it shall be the duty of the said trustees, from time to time as shall be necessary, to assess the balance thereof upon the monied or stock corporations within the same, and upon the personal property of the inhabitants residing therein, and upon the owners of real estate lying within the corporation of said village; which assessment shall be made upon the valuation of the said real and personal estate and stocks as the same shall appear by the last assessment roll previous to such assessments, made out by the assessors of the town of Catskill; and the moneys arising from such assessments shall be collected in the same manner as the taxes in the county of Greene are assessed and collected, by the collector of the said village, by virtue of a warrant signed by the president of the said trustees, under the seal of the corporation of the said village, and paid into the hands of the treasurer of the said village, for the purpose of paying the moneys so borrowed and the interest thereon. The collector shall be entitled to such fees for collecting said moneys as a majority of the inhabitants entitled to vote under this act shall, at a public meeting convened as aforesaid, determine, such fees not to exceed four cents on a dollar.

vote by

proxy.

§ 12. It shall be the duty of the trustees of the said vil- Trustees to lage to appoint a person annually, who shall, either in per- pro son or by proxy, vote on the whole number of shares held by the said village, at every election to elect directors of the Canajoharie and Catskill rail-road company: and in case the income of dividends from said rail-road stock held by said village shall exceed the interest on the moneys borrowed, and none of the principal being due, then the excess may be used for the public improvements of said village, or invested to pay the principal of the moneys borrowed, as the said trustees may direct.

Act to take

§ 13. This act shall take effect immediately after its pas- effect.

sage.

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