said letters patent shall be deemed to have vested the A. D. 1811, CHAP. XLII. An ACT authorising the Trustees of the Presbyterian Church, in Newtown, in Queens county, to dispose of the real estate therein mentioned. WHE Passed March 8, 1811. HEREAS a number of the congregation of the Presbyterian church in Newtown, in Queens county, have, by their petition, represented to the legislature that it is possessed of a farm, with a dwelling-house and out houses thereon, and a lot of land, with two dwelling-houses thereon, situated in the said town, and that it would greatly conduce to the benefit of the said church if the trustees thereof shall be authorised by law to dispose of the said prop erty: Therefore, Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the said trustees shall be and hereby are authorised to sell the said property, and to grant and convey the same in fee simple to the purchaser or purchasers thereof, and to place the proceeds thereof at interest, secured by a good and sufficient mortgage or mortgages on real estate, in such a manner as to constitute a permanent fund for the support of the gospel in the said church: Provided always, That previous to such sale the said trustees shall obtain a certificate from the attorneygeneral, or the district-attorney of the state for the district in which such lands lie, that he has examined the title thereof, and that such sale may be made withqut violating the intentions of the grantor. 1 A. D. 1811, CHAP. XLIII. An ACT to amend an act, entitled "An act for the partition of lands," passed the 7th day of April, 1801. Passed March 8, 1811. I. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, Courts au- That whenever application shall be made for the parorder sale of tition of lands, tenements or hereditaments in the mode lands in cer-prescribed in and by the act, entitled "an act for the thorized to tain cases. Certain acts and provisos repealed partition of lands," or the act entitled "an act supplementary to the act for the partition of lands, and for other purposes," and a report shall be made by the commissioners appointed pursuant to the second section of said act, that the lands, tenements or hereditaments in question are so circumstanced, that a partition thereof cannot be made without great prejudice to the owners of the same, and it shall appear by satisfactory proof to the court to which such report shall be made, that the said lands, tenements or hereditaments cannot be partitioned among the owners and proprietors without great prejudice to their interests, the said court shall order the said commisioners to sell such lands, tenements or hereditaments at public auction, to the highest bidder, giving at least thirty days notice of the time and place of such sale; and the said commissioners after such sale, shall report the same to the said court, and if the said court shall approve of such sale, it shall give judgment that the same be valid and effectual in law, and shall by rule of said court direct the said commissioners to execute good and sufficient conveyances in the law to the purchaser or purchasers, for the lands, tenements and hereditaments so sold; which said conveyances duly executed as aforesaid, shall operate as an effectual bar both in law and equity against the said owners and proprietors, and all persons either parties or privies in interest in the premises so conveyed by said commissioners, and against all and every person and persons claiming by, from or under them, any or either of them. II. And be it further enacted, That each of the provisos contained in the third sectionof the act hereby in tended to be amended, that the act entitled "an act to A.D. 1811. amend an act entitled an act for the partition of lands," passed the second day of April, in the year one thousand eight hundred and six, and the act, entitled " an act to amend an act entitled an act for the partition of lands," passed the sixthday of April, one thousand eight hundred and seven, be and the same are hereby severally and respectively repealed. not reside ties where III. And be it further enacted, That it shall and Com.nissi may oners may be lawful for the justices of the supreme court, upon be appointgood cause being shewn to them in their discretion, to ed who do appoint as commissioners under the acts hereby a- in the counmended,three freeholders residing in any county in this the lands state, to make partition of any lands under the acts a. e situated hereby amended, although the said lands may be situated in different counties, in the same manner as commissioners residing in the respective counties where the lands are situated, might or could do. W CHAP. XLIV. An ACT to incorporate the Jamesville Iron and Woollen Factory. Passed March 8, 1811. HEREAS Nicholas Mickles, John Adams, Jasper Hopper, Thaddeus Patchin, William Hibbard, Gordon Needham, Jacobus De Puy, Jacob Preamble, R. De Witt, William Olmsted, Benjamin Sanford, Elijah Owen, Thomas Littlefield, Matthew Cadwell, Juniar Curtis, Ithamer Coe and Charles B. Bristol, have presented their petition to the Legislature, representing that they have obtained a suitable situation on Butternut Creek, in the town of Manlius, in the county of Onondaga, and are desirous of forming a company for the manufacture of bar-iron and woollen. And whereas it is of great importance that such useful manufactures should receive the fostering aid of the legislature: Therefore, made a body I. Be it enacted by the people of the state of New- N. Mickles York, represented in Senate and Assembly, That and others the said Nicholas Mickles, John Adams, Jasper Hop. corporate. per, Thaddeus Patchin, William Hibbard, Gordon Needham, Jacobus De Puy, Jacob R. De Witt, Wil A. D. 1811. liam Olmsted, Benjamin Sanford, Elijah Owen, Thom. and corpor ate rights. as Littlefield, Matthew Cadwell, Juniar Curtis, Ithamer Coe and Charles B. Bristol, and their present and future associates and their successors and assigns, be and hereby are ordained, constituted and declared a body politic and corporate, in fact and in name, by Their style the name of "the Jamesville Iron and Woollen Fac tory," and by that name they and their successors, for fifteen years hereafter, shall and may have succession, and 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 may have and use a common seal, and may change and alter the same at their pleasure; and that they and their successors, by the name of the Jamesville Iron and Woollen factory, shall in law be capable of purchasing, May hold holding and conveying any real and personal estate under cer whatsoever, necessary for promoting the object of tain restrip- this corporation. real estate tions. to be elect II. And be it further enacted, That the stock, propDirectors erty and concerns of the said corporation shall be ed annually managed and conducted by directors, who shall annually be elected on the first Tuesday in May, at such time of the day, and at or near said Jamesville, in Manlius, as the by-laws of the said corporation shall direct, and public notice shall be given of the time and place of holding such election, not less than ten days previous thereto, in one of the public newspapers printed in the county of Onondaga; and the election shall then and there be held by such of the stockholders as shall attend for that purpose, either in person or by proxy, and all elections shall be by ballot, each share in the stock having one vote, and the persons having the greatest number of votes shall be the directo be cho- tors; and the said directors, as soon as may be after their election, shall proceed to elect by ballot one of their number to be president; and whenever any vahow filled. cancy shall happen among the directors, by death, re sen. Vacancies signation or otherwise, such vacancy shall be filled for A. D. 1811. poration. directors to on not to be to hold elec day pre III. And be it further enacted, That in case it should Corporati at any time happen that an election of directors should dissolved by not be made on the day when pursuant to this act it neglecting ought to have been made, the said corporation for that tion on the cause shall not be deemed to be dissolved, but it shall scribed by and may be lawful on any other day to hold an election law. of directors in such manner as shall have been regulated by the laws and ordinances of the said corporation. IV. And be it further enacted, That the capital stock Capital not of the said corporation shall not exceed two hundred to exceed, $200,000. thousand dollars, and that a share of the said stock shall be one hundred dollars; and it shall be lawful A share to be $100. for the directors to call and demand from the stockholders respectively all such sums of money by them subscribed, at such time and in such proportion as they shares forshall see fit, under pain of forfeiture of their respective feited for shares and all previous payments made thereon, if such ment of payments be neglected to be made for the space of fifteen days after the same ought to be made, and thirty days previous notice of such call and demand shall have been published in one of the newspapers printed within the said county as aforesaid. non-pay to make by. V. And be it further enacted, That the directors for Directors the time being shall have power to make and prescribe authorized such by-laws, rules and regulations as shall appear laws. needful and proper, touching the management and disposition of the stock, property, estate and Effects of the said corporation, the duties of the officers and laborers by them to be employed, and the election of directors, and touching all such matters as appertain to the concerns of said corporation, with power to appoint such and so many officers, clerks and laborers for carrying on the business of said factory, and with such allowances and salaries as shall to them seem meet: |