Gaol liber ties to be set

and to be paid out of the treasury of this state, on the warrant of the comptroller.

IX. And be it further enacted, That it shall and may be lawful for the judges and assistant justices of the court of common pleas within and for the said county, to survey and mark out the gaol liberties thereof at and adjoining the place designated by law as the site for the said court-house and gaol in the same manner as in the opinion of them or a majority of them would be necessary if the said gaol was already erected, and that it shall and may be lawful for the sheriff or any other officer of the said county to confine his or their prisoners thereon. Provided, such prisoner shall be entitled to the privilege of gaol liberties, any law to the contrary notwithstanding.

CHAP. LIX.

An ACT for the relief of the president, directors and company of the Union turnpike road.

I.

Passed March 22d, 1811. E it enacted by the people of the state of NewYork, represented in senate and assembly, That it shall and may be lawful for the president, directors and company of the Union turnpike road, to execute under their seal a release to the people of this state, of all their right and title in and to all that part of the said road commencing at its eastern extremity and terminating at the dwelling house of Anson Pratt, in the town of Chatham, and to cause such release to be entered in the book of deeds kept by the clerk of the county of Columbia, and that from and immediately after the entry of such release the said president, directors and company shall be released from all responsibility and liability to keep that part of the said road so released in good order and repair, and that all that part of the said road so released shall thenceforth be deemed and considered a public highway, to be kept in repair, and subject to such regulations and alterations as the other public highways within this state; Provided however, That nothing in this act contained shall be construed to defeat or impair the right of the said company, or to release them from the obligation imposed upon them by the act of incorporation as to the residue of the road

authorised or directed to be made or improved in and A.D.1811. by the said act.

CHAP. LX.

An ACT to amend an act entitled "an act incorporating the president and directors of the farmers turnpike road and bridge company," passed March 11th, 1808. Passed March 22d, 1811.

WH HEREAS it appears that there is a deficiency

of capital stock of the farmers turnpike and bridge company to complete the said road and bridge; and whereas it also appears that there is now a good and sufficient bridge across the Shawangunk kill, south of the said turnpike road about two chains: Therefore,

I. BE it enacted by the people of the state of NewYork, represented in senate and assembly, That it shall and may be lawful for the president, directors and company of the farmers turnpike and bridge company, to increase the capital stock of the said company one thousand two hundred dollars by shares of twenty dollars each, to be applied to the benefit of the said company.

II. And be it further enacted, That the inspectors authorised by law to inspect the said road shall proceed to inspect the remainder of said road, not already inspected, when the same shall be finished in the same manner as if the bridge contemplated by the charter of said road to be erected across the said Shawangunk kill had been actually erected: Provided nevertheless, That the said company shall in the mean time keep the said bridge, now erected over the Shawangunk kill, in good repair, and shall not take any toll upon that part of the said road to be inspected after two years from the passing of this act, unless the said bridge shall then be erected where the said turnpike road is laid, in pursuance of the said act of incorporation.

III. And be it further enacted, That from and after the first day of April next, it shall be lawful for the said president, directors and company to collect from each foot traveller who shall pass the said bridge now erect. ed on said road across the Wallkill, two cents: Provided nevertheless, That no person shall be liable to pay such toll who resides within one mile and a half of the said bridge.

A.D.1811.

Preamble,

Niagara glass

and earthern

factory porated.

Its style and

rights.

CHAP. LXI.

An ACT for incorporating the Niagara glass and earth. ern ware manufacturing company.

WE

Passed March 22d, 1811. WHEREAS Chauncey Loomis, Augustus Por-ter, Jasper Parish, Benjamin Barton, Erastus Granger, and others, their associates, have represented to this legislature that they intend establishing a glass and earthern ware manufactory in the county of Niagara, and have prayed to be incorporated: Therefore,

I. BE it enacted by the people of the state of New ware manu-York, represented in senate and assembly, That all persons who now are or hereafter may be stockholders of the Niagara glass and earthern ware manufacturing company shall be and are hereby ordained, constituted and appointed one body corporate and politic, in fact and in name, by the name of the president and directors of the corporate Niagara glass and earthern ware manufacturing company, and that they and their successors for the term of fourteen years hereafter shall and may have succession and shall be persons in law capable of suing and being sued, defending and being defended, answering and be ing answered unto, in all courts and places whatsoever, and in all manner of actions, suits, complaints and causes whatsoever, and of holding and conveying real estate, and that they and their successors may have a Real estate common seal and may change and alter the same at to be held by their pleasure: Provided, That such estate as well real as personal so to be purchased and held, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatsoever.

the company

be annually

elected.

II. And be it further enacted, That the stock, proDirectors to perty and concerns of the said corporation shall be managed and conducted by five directors, who shall be stockholders and who shall be annually elected on the second Tuesday in May, at such time of the day, and at such place as a majority of the directors for the time being shall direct, and public notice shall be given of the time and place of holding such election not less than twenty-one days previous thereto, in the public newspaper, printed in Batavia, or the public newspaper printed in Niagara, should there be one, and the

said election shall be then made by such of the stock- A.D.1811. holders as shall attend for that purpose, either in person or by proxy, each stockholder having one vote for Votes how each share he shall hold to the number of ten shares, apportioned. and one vote for every ten shares he shall hold over ten, and all such elections shall be by ballot, and the five 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 elect by ballot one A president of their number to be their president, and whenever to be elected. any vacancy shall happen among the directors by death, resignation or removal out of the state, such vacancy Vacancies shall be filled for the remainder of the year by the remainder of the directors for the time being, and that Joseph Ellicott, Augustus Porter, James Brisban, Eras- First direc tus Granger and Archibald S. Clarke, shall be the sent directors, and shall hold their offices respectively until the second Tuesday of May, which will be in the year of our Lord one thousand eight hundred and

twelve.

pre

III. And be it further enacted, That in case it should at any time happen that an election of directors should not be made on the day when pursuant to this act it ought to have been done, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful on any other day to hold an election 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 stock of the said corporation shall consist of not more than one thousand five hundred shares, of one hundred dollars each, and it shall be lawful for the directors to call and demand of the stockholders respectively all such sums of money by them subscribed, at such times and in such proportions as, they shall see fit, under pain of forfeiture of their shares and all previous payments made thereon, if such payments be neglected to be made for the space of ten days after the same ought to have been made, and thirty days notice of such call and demand shall be published in the newspapers aforesaid.

V. And be it further enacted, That whenever books

tors.

of the sum to be paid for works pre

viously erec

A.D.1811. shall be opened for the subscription of new stock a A statement statement of the sum to be paid for such new stock, on account of any works previously erected and any expenses occurred in the procurement and importation of workmen and artificers, shall accompany the said book, and the subscribers to the said new stock shall not be obliged to pay a greater sum for such previous measures than is mentioned in the said statement.

ed to accompany sub

scriptions for

new stock

directors.

VI. And be it further enacted, That the directors for the time being shall have power to make and prescribe Powers of the such by-laws, rules 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 duties of the officers, artificers and servants by them employed, the election of directors, and touching all matters which appertain to the concerns of the said corporation, with power to appoint such and so many officers, clerks and servants for carrying on the business of the said company, and with such salaries and allowances as to them shall seem meet: Provided, Such by-laws be not inconsistent with the constitution and laws of this state or of the United States.

Proviso.

An annual

laid

VII. And be it further enacted, That the directors shall annually, on the day of the annual election for distatement to rectors, lay before the stockholders a general statement belief of their accounts and proceedings, which same statement they shall cause to be lodged with the factor of the corporation, at least ten days before such annual meeting, for the inspection and examination of the stockholders.

ders.

This a pub

lic act.

Three direc

VIII. And be it further enacted, That this act is hereby declared to be a public act, and that the same be for the time herein before limited, construed in all courts and places favorably for every beneficial purpose therein mentioned.

IX. And be it further enacted, That at all meetings of the directors of this corporation hereafter to be held, the ters to con business and concerns which may under this act come stitute a quo- before them shall be decided by vote, and the opinion of the majority of the members present shall in all cases prevail and be conclusive, and at all such meetings

rum.