D. A. 1811.

neveld ma

corporated.

and corpor

CHAP. CXCV.

An ACT to incorporate the stockholders of the Oldenbarneveld Manufacturing Society.

I.

B

Passed April 9th, 1811.

E it enacted by the people of the state of NewYork, represented in senate and Assembly, That Luther Storrs, David Spencer, Adam G. Mappa, EdOldenbar-ward Fowler, Benjamin Brayton, John Mappa, Wilnufacturing liam Miller, James Parker, and such persons as shall society in hereafter be associated with them for that purpose, and their successors, be and hereby are ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name of "the Oldenbarneveld manufacturing society," and by that name they and Their style their successors, for fifteen years hereafter, shall and ate rights. may have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes whatsoever, and that they and their successors by the name of "the Oldenbarneveld manufacturing society" shall in law be capable of purchasing, holding and conveying any lands, tenements, hereditaments, goods, wares and merchandize whatsoever, necessary for the objects of this incorporation, and that they and their successors may have and use a common seal, and may change and alter the same at their pleasure.

5 directors

to be annu

II. And be it further enacted, That the stock, propally elected crty and concerns of the said corporation shall be managed and conducted by the five directors who shall be

stockholders and be annually elected on the first Tuesday in May, in each year, at such time of the day and Elections at such place within the village of Oldenbarneveld, as when held the by-laws of the said corporation shall direct, and pubconducted. lic notice shall be given of the time and place of hold

and how

ing such election, not less than ten days previous thereto, in one of the public newspapers printed in the village of Utica, and the election shall then and there be made by such of the stockholders as shall attend for that purpose, either in person or by proxy, and all elec

to be chosen

tions shall be by ballot, each share in the stock having A. D. 1811. one vote, and the persons having the greatest number of votes shall be directors; and the said directors, as soon as may be after their election, shall proceed to A president elect by ballot one of their number to be their president; and whenever any vacancy shall happen among the di- Vacancies rectors, by death, resignation, or removal out of the among the state, such vacancy shall be filled for the remainder of directors the year by the remainder of the board for the time being; and that Adam G. Mappa, David Spencer, Luther Storrs, Benjamin Brayton and John Mappa shall be the present directors, and shall hold their offices respectively until the first Tuesday in May, which will be in the year of our Lord one thousand eight hundred and twelve.

how filled.

First direc

tors.

solved by

elect diree

III. And be it further enacted, That in case it should Corporati at any time happen that an election of directors should on not disnot be made on any day when pursuant to this act it neglect to ought to have been done, the said corporation shall not tors on the for that cause be deemed to be dissolved, but it shall day appoint and may be lawful on any other day to hold an election in such manner as shall have been regulated by the laws and ordinances of the said corporation.

ed by law.

IV. And be it further enacted, That the stock of the Cap. stock. said corporation shall consist of not more than one thousand shares of one hundred dollars each; and it shall be lawful for the directors to call and demand of the stockholders respectively all sums of money by them sub- Notice of scribed, at such time and in such proportions as they on to be shall see fit, of which call at least twenty days notice shall be given in one of the newspapers printed in the village of Utica.

calls there

published.

prosecuted

mount of

V. And be it further enacted, That if at any time any one of the subscribers for stock shall neglect or re- Stockholdfuse to pay when lawfully called upon by the president ers may be and directors, it shall be lawful for the president, direc- for the ators and company hereby incorporated to sue and re- their stock cover from every delinquent, ten days after the expira- on neglect tion of the public notification so given, whatever sum may be in arrear, so that the amount of shares by the different subscribers subscribed for be equally paid up; and if the sum in arrear due from any subscriber shall be not more than twenty-five dollars, the same shall be

to pay.

A. P. 1811. sued for before any justice in the county of Oneida; and if the sum in arrear due from any subscriber on the whole amount of the shares by him subscribed for shall amount to more than twenty-five dollars, the same shall be prosecuted for in the court of common pleas in the aforementioned county, and such suits shall be brought in the name of the president, directors and company aforesaid hereby incorporated.

Powers of

tors.

VI. And be it further enacted, That the directors the direc- for the time being shall have power to make and prescribe such by-laws and regulations as shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, the duty of the officers, artificers and servants by them employed, the election of directors, and all such matters as appertain to the concerns of the said corporation, to appoint such and so many officers, clerks and servants for the carrying on the business of the said company, and with such allowances and salaries as to them shall seem meet: Provided, That such by-laws be not inconsistent with the constitution and laws of the United States or of this state.

VII. And be it further enacted, That the stock of the transfera-company shall be assignable and transferable according

Stock how

ble.

Stock

deemed

tate.

lic act.

to such rules as the president and directors shall make and establish, and no stockholder indebted to the said corporation shall be permitted to make a transfer or receive a dividend until such debt be paid, or secured to be paid, to the satisfaction of the president and directors.

VIII. And be it further enacted, That the stock of personal es- the said corporation shall be deemed and considered personal estate, and that this act shall to all intents and purThis a pub-poses be considered a public act: Provided always, That for all debts which shall be due and owing by To what ex the said company, the persons composing the said cortent stock- poration at the time of its dissolution shall be responsisponsible at ble in their individual and private capacity to the extent tion of the of their respective shares and no further, on any suit or action to be brought or prosecuted after the dissolution of the said corporation.

the dissolu

company.

Corporation where

IX. And be it further enacted, That the said body established. corporate and politic is and shall be established in the

town of Trenton and county of Oneida, for the purpose of manufacturing cotton and wool, or either cotton or wool, as the trustees for the time being may from time to time deem expedient, and for no other purposes.

CHAP. CXCVI.

An ACT authorising assistant justices to take the acknowledgment of bail pieces, and for other purposes. Passed April 9th, 1811.

A. D. 1811.

thorised to

I. E it enacted by the people of the state of New- Assistant York, represented in Senate and Assembly, That justices auit shall and may be lawful for the assistant justices of take ackthe respective courts of common pleas to take the ac-nowledgeknowledgment of bail pieces in all causes depending in bail pieces, the courts of common pleas of the county wherein such assistant justices shall respectively reside.

ment of

sup. court

mon pleas

may be ack

before com

II. And be it further enacted, That satisfaction of Satisfaction any judgments rendered in the supreme court, or in of judg any court of common pleas, may be acknowledged ment in before any judge of any court of common pleas of any and comcounty in this state, and shall have the like force and effect as if the same were acknowledged in the man-nowledge ner now allowed by law; and all satisfaction pieces shall mon pleas judges. be signed by the party in whose favor such judgment" shall have been rendered, or one of them, or by his or their attorney thereunto lawfully authorized, and the judge doing the service shall be entitled to the like fees as are now allowed for the like service.

CHAP. CXCVII.

An ACT granting additional powers to the trustees of the village of Johnstown.

I.

Passed April 9th, 1811.

Trustces

with cer

E it enacted by the people of the state of New- invested York, represented in Senate and Assembly, That in powers the trustees of the village of Johnstown, in the county of Montgomery, shall at all times hereafter have power and authority to make and ordain such rules and orders as they, or a majority of them may deem necessary, to compel the freeholders and inhabitants of the said village to keep their chimnies, stoves and stove pipes in good an sufficient repair; and also to make

AD. 1811. and ordain such rules and orders as they the said trustees or a majority of them deem proper, to prevent or extinguish fires in the said village; and the said trustees, or the majority of them shall have power to make and ordain such rules and orders respecting slaughter houses, public nuisances and places in which ashes may or shall be kept as they may deem proper; and the said trustees, or a majority of them, shall have pow. er to impose such penalties, not exceeding five dollars, upon every person who shall violate any rule or order established in pursuance of this act.

with power

to chimnies

II. And be it further enacted, That the said trustees, Invested or any two of them, shall be and hereby are authorised in relation to examine from time to time any chimney, stove and and stoves. Stove-pipes in the said village, and if from their representation to the said trustees, or a majority of them, shall deem it dangerous to the said village to permit fire to be kept in any such chimney or stove, they may prohibit any fire to be kept in such chimney or stove until it shall be put in proper order and repair, and any person who, after notice of such prohibition, shall keep any fire in such chimney or stove, without the permission of the said trustees, or a majority of them, shall forfeit the sum of two dollars for each offence.

Penaltics

for and recovered.

III. And be it further enacted, That all penalties how sued which may be incurred by the breach of any such rule, order or prohibition made in pursuance of this act, or under any former act heretofore passed in relation to the said village, may be sued for and recovered in an action of debt, and in the name of the trustees and for Inhabitants the benefit of the inhabitants of the said village; and witnesses. any inhabitant of the said village may be a witness in any action brought to recover such penalty in the same manner as if such witness was not an inhabitant of the said village, and this act and all other acts relative to the said village shall be deemed public acts.

competent

IV. And be it further enacted, That whenever the said trustees, or a majority of them, shall in pursuance of this act prohibit the keeping of fire in any chimney in said village on account of such chimney's being out of repair, and a tenant shall cause the said chimney to be repaired, it shall be lawful for such tenant to sue for