same payment; which money, when collected, shall be paid to the said commissioners, or one of them, to be appropriated and applied by them to the satisfaction of said costs. der this act shall be made within from its pas IX. And be it further enacted, That all determina- All determi tions to be made by virtue of this act shall be made nations unwithin one year from the passing thereof; and that the commissioners shall from time to time enter their one yar : determination in a book to be kept by them for that e. purpose, and after signing and sealing the same, such book shall be lodged in the office of the clerk of the county of Columbia, there to remain of record. Two of the ers compe X. And be it further enacted, That all and singular the trusts, powers and authorities, hereby granted commission to the said commissioners, shall and may be executed tent to act. by any two of the said commissioners. shall not agreements proprietors tents and the matters XI. And be it further enacted, That nothing in this This act act shall be construed or taken so as to prevent any prevent agreement concerning the matters in dispute between between the the proprietors of the said patent, or their agents, on of the pa the one part, and the said possessors, or any or either others about of them, or their agents, on the other part; but that in dispute. all agreements so to be made shall be valid, and conclude as well the parties to such agreement as all persons who may hereafter claim by, from or under the said patent, and by, from or under the said parties, or any or either of them, notwithstanding the infancy or coverture of any or either of them. XII. And be it further enacted, That nothing in this act contained shall be taken or construed to impair any right or title to the said lands which the said parties of the first part may set up on the hearing before the said commissioners, other than that derived from the said patent, but they shall be at full liberty to avail themselves on the said hearing of all and every right, title or claim which they may have to the said premises, or any part thereof, whether derived from the said patent or otherwise. CHAP. LXXXI. An ACT to fix the place of the Banking-House and rica. W Passed June 8, 1812. HEREAS the act, entitled "an act to incorporate the stockholders of the bank of America," contains no express provision for locating the said bank: And whereas the applicants for said act, by their agents, Henry Post, junior, and George Newbold, while the said act was under consideration, and before the same was passed, did, by an instrument in writing, consent and agree that a supplementary law be passed fixing the office of discount and deposit of said bank in the city of New-York, and restraining the said banking company from establishing branches elsewhere in this state: And whereas it is expedient to restrict the same accordingly: Therefore, BE it enacted by the people of the state of NewYork, represented in Senate and Assemby, That the banking-house and office of discount and deposit of the bank of America be established in the city of NewYork, and that it shall not be lawful for the president and directors of the said bank to establish branches or subordinate banking-houses in any other part of this state. Preamble. CHAP. LXXXII. An ACT to incorporate the Stockholders of the Dutchess county Slate Company. WE Passed June 8, 1812. HEREAS David Van Ness, Philip I. Schuyler, Christian Schell, Nathan Conklin, jun. John Radcliff and Robert Thompson, have by their petition set forth, that a slate quarry in the town of North-East, in the county of Dutchess, (at present occupied and possessed by the aforesaid John Radcliff and Robert Thompson for a term of years,) hath for some time past been in operation, that the aforesaid commissioners wishing to form a company, and having re quested that the legislature would pass an act incorporating the said petitioners and their associates, for the purpose of enabling them to carry on the manufacturing of slate to advantage: Therefore, others incor rate powers. I. BE it enacted by the people of the state of New- David Van York, represented in Senate and Assembly, That David Ness and Van Ness, Philip I. Schuyler, Christian Schell, Na- porated. than Conklin, jun. John Radcliff and Robert Thompson, and all others who are or shall become subscribers or associates for the purposes of this act, shall, and they are hereby, together with their assigns and successors, established and made a body corporate and politic, for the purposes of conducting a slate quarry and of manufacturing slate, in the town of North-East, in the county of Dutchess, and for no other purpose whatever, by the name of "The Dutchess County Their style Slate Company of the State of New-York ;" and are and corpo hereby ordained, constituted and declared to be, for and during the term of twenty-one years, a body politic and corporate, in fact and in name, and that by that name they and their successors shall be, and are hereby made able in law to purchase, take, hold, occupy, possess and enjoy, to them and their successors, any goods, chattels and effects, of whatsoever kind they may be, to the amount of ten thousand dollars: And further, Should the subscribers, associates, or stock. holders, hereafter unanimously agree to purchase any lands, tenements or other hereditaments, then and in such cases and by that name, they and their successors shall be and are hereby made able in law to purchase, take, hold, occupy, possess and enjoy, to them and their successors, any such lands, tenements or hereditaments, of whatsoever kind the same may be, to the amount of fifteen thousand dollars, and the same to sell, demise, grant and dispose of: Also, to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of record or elsewhere; and the said corporation shali and may have and use a common seal, and may alter the same at their will and pleasure, and by such seal for Capital stock. the time being, their proceedings, deeds and transac tions, shall and may be certified and established. II. And be it further enacted, That a share in said company shall be fifty dollars, and the number of shares shall not exceed two hundred; and in case the said stockholders should hereafter agree as aforesaid, to purchase lands, tenements or other hereditaments, to an amount not exceeding fifteen thousand dollars, that then and in such case, it shall and may be lawful for the directors for the time being, to assess and collect the same from the stockholders, in proportion to the number of shares by them subscribed or by them respectively Commission- held; and that David Van Ness, Philip I. Schuyler, Chrissubscriptions tian Schell, Nathan Conklin, jun. John Radcliff and Ro ers to receive bert Thompson, are hereby appointed commissioners, who shall on or before the first Monday in September next, receive subscriptions for the stock of the said corporation, in such manner as they shall deem most expedient and proper, and that they the said commissioners shall, and are hereby fully authorised and empow ered to call a meeting of the stockholders, as soon as the aforesaid sum of ten thousand dollars, or threefourths thereof shall be subscribed for, at such time and at such place as they or a majority of them shall appoint, for the purpose of electing directors, as is hereinafter mentioned. III. And be it further enacted, That the stock, Number of property and affairs of the said corporation, shall be managed and conducted by seven directors, one of whom shall be president, who shall hold their offices for one year, which directors shall be stockholders and citizens of the United States, and shall be elected after the first election on the first Monday in February, in every year, at such place within this state as a majority of the directors (who shall upon all occasions consti. tute a board for the transaction of business) for the time being shall appoint, and public notice shall be given by the said directors of the time and place of holding such election, for at least thirty days, in one of the newspapers printed in the city of New-York, and one in the county of Dutchess; and the said election shall be held and made by such of the stockholders of the said company, as shall attend for that purpose, either in person or by proxy, which proxies shall always be stockholders, and that the said election shall be by ballot, and that every stockholder shall be entitled to one vote for every share he holds, and the said election shall be decided by a majority of votes received at every such election; and the said directors shall, by a majority of votes, elect one of their number to be their president, and the directors first elected, shall continue in office until the first Monday in February, in the year one thousand eight hundred and thirteen. secretary and sen. IV. And be it further enacted, That the said presi- A treasurer, dent and directors for the time being, or a major part other officers of them, shall have power and authority from time to may be cho time, to appoint and employ a treasurer, secretary, and such other officers, mechanics, workmen, artificers, laborers and servants as they may think proper, for the transacting of the business and concerns of the said company, and to pay them such wages and compensation for their services as they shall think fit, and to displace and discharge them at pleasure; and also to make and establish such by-laws, rules and regulations as they shall think expedient for the better management of the concerns, officers, mechanics, workmen, artificers, laborers and servants of the said corporation: Provided always, That such by-laws, rules and regu- Proviso. lations, be not inconsistent with the constitution and laws of the United States or of this state; and to establish or alter such by-laws, rules and regulations at pleasure, and to declare and make dividends of the profits arising to the said corporation, by such business as they may lawfully follow and transact, among the stockholders, at least once in every year, and at such times and in such portions as to them shall seem meet, giving fifteen days notice of the same in two of the newspapers as aforesaid. not be dis V. And be it further enacted, That if it should hap- The corpothat an election of directors should not take place ration shall pen in any year on the day herein for that purpose mention- solved if the ed, the said corporation shall not for that reason be dis- not held on solved, but such election may thereafter be held on pointed. election is the day ap |