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land

guardians,

etc.

tion, refusal or disability to act of any of said commissioners, the court may appoint others in their places. The commissioners shall cause a notice of at least twenty Notice to days of the time and place of their meeting to be served owners. upon such of the owners of said land as can be found in this State, which may be served personally, or, in their absence from their dwellings or places of business, by leaving the same thereat, with some person of suitable age, and in case of any legal disability of such Notice to owner to act thereupon, serving notice in like manner trustees, upon his guardian or person appointed to act for him as hereinafter directed, and in case any of such owners cannot be found in this State, such notice shall be given by publishing the same for six weeks successively in two newspapers published in said county, and if any of said owners shall be married women, insane, infants or idiots, the court shall appoint some suitable person to attend in their behalf before said commissioners and take care of their interests in the premises. The commissioners may issue subpoenas to compel the attendance of witnesses to testify before them, and they, or any one of them, may administer the usual oath to such witnesses; they Report of shall make a written report of all their proceedings, Ings. coutaining the testimony taken before them, and showing the sum awarded to each owner or any person, and return the same to the said court to be filed of record. The company shall pay to each commissioner the sum of Compensathree dollars per day for every day necessarily spent by him in the performance of his duties under this act, and to each witness sworn and testifying, and if not sworn and testifying, who the commissioners shall certify were properly and necessarily subpoenaed, the sum of one dollar per day, and four cents per mile travel, in going and returning, if living more than three miles from the place of meeting.

proceed

tion.

may hold

payment or

§ 11. Upon the payment or legal tender of the com- Company pensation determined, as before provided, the company land, upon shall be entitled to enter upon, for the purposes contem- tender of plated by this act, all the lands and real estate for which award. such compensation shall be paid or tendered, as aforesaid, and to hold and use the same for the said purposes to

Deposit in them and their successors forever.

bank in

certain

cases.

Company may take and hold lands.

Rules for use of water.

Penalties

for violation thereof.

Publica

tion or

regulatious.

Company

to furnish

If any person to whom any compensation shall be awarded, or who shall be entitled to the same by virtue of said award, cannot be found, or shall refuse to receive the sum awarded to him, then the payment may be made by depositing the amount of said award to the credit of said person in such bank as may be appointed by said courts. A certificate of such deposit, signed by the cashier of said bank, shall be published by said company in two newspapers published in the county, for four weeks successively, immediately after said deposit. If the person to whom the compensation is awarded, or who is entitled to receive the same, as aforesaid, be under legal disability, as aforesaid, payment may be made to his guardian or the person appointed, as aforesaid, by said court; and if said guardian or person appointed by said court cannot be found, then by deposit in bank as aforesaid.

§ 12. The company shall also take and hold, for the purposes contemplated by this act, all the lands, waters and real estate which they shall in any way legally enter upon and take by virtue hereof, to them and their suc cessors forever.

13. The said directors of said company may establish rules and regulations for and concerning the conduct of all such persons as shall use the water from their works, so far as respects the preservation and use and restraining the waste thereof, and may thereby impose penalties and forfeitures for any violation of said rules and regulations, so that such penalty or forfeitures shall not, in any case, exceed ten dollars, which penalties may be recovered with costs, in the name of the company, before any justice of the peace of said village. Said rules and regulations shall be published for three successive weeks in two newspapers circulating in said village, and a copy of said rules and regulations, certified by the president or secretary of said company, with affidavits of the publication of the same, made by any one of the publishers of said paper, or by a foreman in their office, shall be received as evidence in all courts and places.

§14. The company shall furnish water to the citizens of Fort Ann village, for the purpose of extinguishing

NINETY-SECOND SESSION.

1267

village.

use of

fires, on such terms as may be agreed upon between them water to
and the trustees of said village. The company may Agree-
make any agreements, contracts, grants and leases, for ments for
the sale, use and distribution of water that may be water.
agreed upon by said company, and any person or per-
sons, associations and corporations, which agreements,
contracts, grants and leases shall be valid and effectual
in law.

water

how pun

§ 15. Any person who shall maliciously or willfully Injury to destroy, or injure any of the works or property of said works; company, or who shall maliciously or willfully commit d any act which shall injuriously affect, or tend thus to affect the water of said company, shall be guilty of a misdemeanor.

provisions.

16. The corporation hereby created shall possess General the powers and be subject to the provisions of title three, chapter eighteen, of the first part of the Revised Statutes.

liability.

§17. Alf the stockholders of the company hereby Individual created shall be severally and individually liable to the creditors of the said company to an amount equal to the amount of stock held by them, respectively, for all debts and contracts made by said company, until the whole amount of the capital stock fixed and limited by the directors of said company shall be paid in.

18. The stockholders of said company shall be jointly and severally liable for all debts that may be due and owing to all their laborers and servants, for services performed for said company.

Liability

for debts

due labor

ers.

of indebt

§ 19. The indebtedness of said company shall not at Limitation any time exceed an amount equal to seventy-five per cent edness. of its capital stock, and if the indebtedness of said company shall at any time exceed such amount, the direc- Liability of tors assenting thereto shall be personally and individu- for excess. ally liable for such excess to the creditors of said com

pany.

directors

executors,

20. No person holding stock in said company as Liability of executor, administrator, guardian or trustee, and no per- guardians, son holding such stock as collateral security, shall be etc. personally subject to any liability as a stockholder of said company, but the person pledging said stock shall be considered as holding the same, and shall be liable

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as a stockholder, accordingly, and the estates in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner and to the same extent as the testator or intestate, or the ward or person interested in such fund would have been if he had been living and competent to act, and held stock in his own. name. Every such executor, administrator, guardian or trustee, shall represent the shares of stock owned by him as such administrator, guardian or trustee, at all meetings of the company, and may vote as a stockholder; and every person pledging his stock as aforesaid, may, in like manner, represent the same, and vote accordingly.

§ 21. No stockholder shall be personally liable for the payment of any debt contracted by said company, except to laborers or servants, as provided in section eighteen, which is not to be paid within one year from the time the debt is contracted, nor unless a suit for the collection of said debt shall be brought against said company within one year after the debt shall have become due; and no suit shall be brought against any stockholder, who shall cease to be a stodkholder in said company for any debt so contracted, unless the same shall be commenced within two years of the time he shall have ceased to be a stockholder in said company, nor shall any suit be brought against any stockholder until an execution against the company shall be returned unsatisfied in whole or in part.

§ 22. This act shall take effect immediately.

Chap. 522.

AN ACT to authorize the common council of the city of Brooklyn to open, regulate, grade and pave certain streets in said city, namely, Macon street, from Fulton avenue to Reid avenue; McDonough street, from Fulton avenue to Reid avenue; Decatur street, from Tompkins avenue to Reid avenue; Bainbridge street, from Yates avenue to Reid avenue; Halsey street, from Bedford avenue to Broadway, and Verona place, from Fulton avenue to Macon street.

Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

grading

of streets.

SECTION 1. The common council of the city of Brook- Opening, lyn are hereby authorized and empowered to open, and paving grade, pave, curb, gutter, flag and bridge the following named streets from the points herein named, viz: Macon street, from Fulton avenue to Marcy avenue and from Tompkins avenue to Reid avenue; McDonough street, from Fulton avenue to Reid avenue; Decatur street, from Tompkins avenue to Reid avenue; Bainbridge street, from Yates avenue to Reid avenue; Halsey street, from Bedford avenue to Broadway, and Verona place, from Fulton avenue to Macon street; and all provisions of law relating to the opening, grading, paving, applicable curbing, guttering, flagging and bridging of streets in the thereto. city of Brooklyn, except that part thereof as requires a petition or consent of the owners of property affected thereby shall apply thereto.

§ 2. This act shall take effect immediately.

City laws

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