Personal es at not to exceed 5,000 dolls. the society. how elected. the business of the said corporation; and to keep a free school for the education of poor children; or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its business, or purchased at sales on judgements which shall have been obtained for such debts: And provided also, That the amount of the real and personal estate which the said corporation are hereby entitled to hold, shall not at any time exceed the sum of twenty-five thousand dollars. II. And be it further enacted, That the officers of the Officers of said corporation shall be a president, vice-president, treasurer, secretary and five directors, who shall be members of said society, and be elected on the third Monday of January in every year, at such time and place, in the village of Poughkeepsie, as shall be fixed When and on by the officers, or ascertained by the by-laws of said corporation; that all elections of the said officers shall be by ballot, and such persons who shall have at any election the greatest number of votes as president, vicepresident, treasurer, secretary or directors, shall be duly elected to the office for which he or they were severally chosen or designated by the ballots which were given at any such election: and the said officers shall hold their respective offices for one year, and until others shall be chosen in their places: Provided, That Proviso, nothing contained in this act shall be so construed as to prevent any or either of the said officers from being reelected; that if any vacancies shall happen among the said officers by death, resignation or removal, such vacancies shall be filled for the remainder of the year in which they may happen, by a special election for that purpose, to be held in the same manner as the annual elections, at such times or places as shall be fixed on by the officers, or ascertained by the by-laws of the said corporation; that Henry A. Livingston shall be the first The first of president of the said corporation, John Reed vice-president thereof, Abraham G. Storm treasurer thereof, Cornelius C. Cuyler secretary thereof, James Tallmadge, junior, James Willson, George Bloom, John L. Fonda and Daniel H. Barnes, the respective directors thereof, who shall hold their offices respectively ficers. Election when not ed, may be made on any until the third Monday in January next, and until others shall be chosen in their places. III. And be it further enacted, That in case it shall held on the at any time happen that an election for officers shall not day appoint be made on the day when, in pursuance of this act, it herday ap. ought to have been made, the said corporation shall not pointed by for that cause be deemed to be dissolved, but it shall and may be lawful, on any other day, to hold and make an election of officers, in such a manner as shall have been regulated by the by-laws and ordinances of the said corporation. the society. Elections to be held at a by the laws ration. IV. And be it further enacted, That all the elections, place fixed and all meetings of the said corporation, shall be made of the corpo- and held at a place certain, to be fixed and determined by the by-laws of the said corporation; and that at all such elections and meetings of the said corporation, so to be held as aforesaid, thirteen members thereof, including the president, or in his absence the vice-president, or in his absence one of the directors, shall be considered a quorum of the said corporation, and shall have full power to do and transact all the business thereof. The corpo have power laws. V. And be it further enacted, That the said corporaration shall tion, and their successors, shall have full power, from to make by time to time, to make by-laws and ordinances relative to the management and disposition of the estate and concerns of the said corporation, and the regulation of the persons exercising the offices aforesaid: Provided, That such by-laws and regulations be not repugnant to the constitution or the laws of the United States or of this state. Proviso. The officers their re VI. And be it further enacted, That the board of ofshall exhibit ficers shall, at least once in every year, on the third Monday in January, exhibit to the members of this corin every year poration an exact account of all the receipts and disbursements of the preceding year. geipts and disbursements once New members how admitted. VII. And be it further enacted, That all persons de siring to become members of this corporation, shall be proposed by at least two members, one meeting previous to his or their election, which shall be by ballot, and determined by two-thirds of the members present at such election; that then he or they so elected, on paying into the hands of the treasurer such sum as the corporation by their by-laws shall direct, provided the Proviso same shall not exceed the sum of ten dollars, shall have his or their names inserted in the general register, and shall be entitled to all the privileges and benefits arising therefrom. public act. VIII. And be it further enacted, That this act be, This is a and is hereby declared to be a public act, and that the same be construed in all courts and places benignly and favorably for every beneficial purpose therein intended. CHAP. XXVII. An ACT to establish a Register's Office in and for the I. B ges, record c. to be performed called the rethe city a person gister in and and county Passed March 13, 1812. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That all that part of the duty of the clerk of the city and county of New-York which appertains and relates Registering to the registering of mortgages, and to the recording of of mortga deeds, conveyances and other writings, which by law ing of deeds, are directed, or hereafter may be directed, to be registered or recorded, shall, from and after the first day of May next, be vested in and held, exercised and enjoy- for ed by a person to be appointed as is herein after men- of tioned, and be called the register in and for the city and county of New-York; and that such register shall be Register to appointed by the person administering the government by the coun of this state, by and with the advice and consent of the cil of ap council of appointment; and shall have and enjoy all His rights the rights and powers, and perform all the duties of the and powers, clerk of the city and county of New-York, in relation to the recording and registering of deeds, conveyances, mortgages and other writings. New York pointment. II. And be it further enacted, That the clerk of the city and county of New-York shall forever, from and after the said first day of May, be relieved, restrained The clerk of and precluded, from doing or performing any duties or lieved from services, or any act, matter or thing whatsoever, as registering clerk of the said city and county, so far as the same re N.York re the duty of mortgages, The register may demand counties. lates to the registering of mortgages and recording of deeds, conveyances and other writings, which by law are, or hereafter may be directed and required to be recorded or registered. III. And be it further enacted, That the said registhe like lees ter may demand and receive for his emoluments the as clerks of like fees and compensations as are now allowed by law in similar cases to clerks of counties; and the transTranscripts cript of all records, certified by the said register, may certified by be read in evidence in any court of this state, without may be read further proof of such deed, conveyance or other writin evidence. ing, so recorded in the said office. of records certain in on real estate a note de scriptive be made and IV. And be it further enacted, That in all cases where any assessment, tax, rate, charge, debt, duty or demand whatsoever, in favor of or payable to the mayor, aldermen and commonalty of the city of New-York, In cases of or to any person or persons, body politic or corporate, cumbrances shall, after the first day of May next, by virtue of any act or acts of the Legislature of this state be made, or thereof is to in any manner become and be a mortgage, lien, charge delivered to or incumbrance, upon any lands, tenements or hereditthe register. aments, in the said city of New-York, or any interest therein, it shall be the duty of the said mayor, aldermen and commonalty, or other mortgagees or incumbrancers, to cause a note or memorandum thereof to be made and delivered to the said register, for registering in his said office; which note or memorandum shall specify and contain therein the number of the lots or lots, and the names of the streets and wards wherein the same shall be situated, or other apt and sufficient general designation of the lands, tenements or hereditaments, which shall be the subject of such mortgage, lien, charge or incumbrance, and the date of the said mortgage, lien, charge or incumbrance, or the time when the same accrued and became chargeable upon the said lands, tenements or hereditaments; and the name or names of the said mortgagees or incumbrancers, and also, where the same shall be known, of the owners and proprietors of the said lands, tenements and hereditaments, with the grounds or cause of such incumbrance; and it shall be the duty of the said register forthwith to enter and register the said note or me Register to enter the said note. a minute of its delivery morandum, in suitable and proper books to be provided and kept by him for that purpose; and the said register shall immediately, on the delivery of every such note or memorandum to him for registry, make a minute or indorsement thereon of the day, month and And to make year, and hour of the day, when the same shall be de- the time of livered to and left with him, or in his office for registry, to him. and the registry thereof shall bear date corresponding with, and the same shall be considered as registered at the said time mentioned in such indorsement or minute; and no such assessment, rate, tax, charge, debt, duty or demand, shall in any case or manner whatsoever be, or operate as a mortgage, lien, charge or incumbrance, upon any lands, tenements or hereditaments, or any interest therein, so as to defeat, prejudice or affect, the title or interest of any bona fide purchaser or mortgagee of the same, unless the said note or memorandum of such said mortgage, lien, charge or incumbrance, shall have been duly registered as aforesaid; and the said register shall be entitled unto, and shall receive for registering every such note or memo. randum, from the person who shall deliver the same to him for registry, the sum of twenty-five cents: Provid- Fee for regi ed, That it shall not be necessary for any note or memorandum of any judgment, order or decree, of any court of law or equity, to be registered in the said office. V. And be it further enacted, That whenever any such assessment, rate, tax, charge, debt, duty or demand, shall be satisfied or discharged, and a certificate signed by the incumbrancers, their successors, executors, administrators or assigns, or any person by them thereto authorised, and proved and acknowledged in the manner by law required for the acknowledgment or proof of deeds, shall be produced to the said register, such register shall enter in the said book of registry a minute of such discharge and certificate, which minute shall be deemed and taken to be a full and absolute bar to the first entry of such note or memorandum of such assessment, rate, tax, charge, debt, duty or demand; but it shall not be necessary for the said register on entering such minute, or on registering any such note or me stering. |