« PreviousContinue »
tively arrive at full age ; And further, if the widow of said John Darrow shall unite in the sale, and execute a conveyance of the said estate by which her right of dower shall pass, then it shall be lawful for the administrators or survivor, and the said surrogate to pay out of the money arising from the sale of the premises such sum as they shall judge reasonable and just for such dower.
completing the road ex
CHAP. CẦC. An ACT to extend the Time for completing the Farmer's Turnpike Road from Troy to the City of Hudson. .
Passed April 12, 1813. Time for I. BE it enacted by the people of the state of New York, repre.
anos. sented in Senate and Assembly, That the time for completing tended. the Farmer's turnpike road from 'Troy to Hudson, be extend
ed to the first day of June, one thousand eight hundred and fif
teen. Company re- II. And be it further enacted, That the president, directors making the and company of the said Farmer's turnpike road be and they
y are hereby released from building and keeping in repair all that Bath to Troy.
part of the said turnpike road belween the villages of Bath and Troy, and the said road instead of beginning at the south end of First-street in the village of Troy, shall commence at the village of Bath, any thing in the law granting the said turnpike notwithstanding: Provided nevertheless, That the said president and directors shall not be permitted to erect more than one whole toll and three half toll gates on the said road, exclusive of the gate at the bridge across Major Abraham's creek : Provided, That the said company shall not ask, exact or receive toli within the corporation of the city of Hudson, of or from any person travelling towards or from the city of Hudson who shall not travel the said turnpike further or otherwise than he is ne. cessarily obliged to do by the interference of the same with the public roads which were within the said corporation at the time of the making of the said turnpike, and this act is declared to be upon that express condition : And provided further, That nothing in this act contained shall be deemed to control or operate on the construction of the act incorporating the said com
pany. Penalty for III. And be it further enacted, That if any person shall avail
himself of the exemption provided by the previous section, having travelled or shall afterwards travel on the said turnpike against the provisoes of the preceding section, he shall forfeit ten dollars, to be recovered in any court in the name of the said company, and for their benefit ; and if any gate-keeper, or other person, by the consent or for the benefit of the said company, shall exact toll from the persons exempted by the preceding section, he shall forfeit to such person the sum of ten dollars, to be recovered by him in any court having cognizance of the
same. A certain no. IV. And be it further enacted, That the said company shall up at the
fet place upon the south gate, or near it, in a conspicuous place, a ooch gate. board with these words written or printed legibly thereon:
evading th toll.
tice to be ret
* All persons only crossing this road, and not having travelled or now travelling this turnpike road may pass free of toll :" Provided, That this act shall in no wise be construed so as to affect or prejudice any suit or suits heretofore commenced by or against the said corporation, or by or against any individual in relation to the said road.
CHAP. CXCI. An ACT 10 enable certain Persons therein named to purchase and hold Real Estate within this state.
Passed April 12, 1813. I. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That it shall and may be lawful for Jobn White, John White, junior, Thomas White, Thomas White, junior, Matthew White, Matthew White, junjor, James Hunter White, Robert Shannon, Alexander Milne, Thomas Drummond, James Sinclair, John Sinclair, John Gally, Robert M'Elroy, Thomas Suffern, William Wilson, Matthias Aram, Nicholas Slype, Robert Forrest, Joseph Palmer and Daniel Carmichael, severally to lake and hold, by purchase or descent, lands, tenements and hereditaments within this state, to have and to hold the same to them and to their respective heirs and assigns for ever, as fully to all intents and purposes as any natural born citizen may or can do, any law, usage or custom to the contrary notwithstanding.
II. And be it further enacted, That no lands, tenements and hereditaments heretofore purchased by any person herein before named, shall escheat to the people of this state by reason or on account of such persons then being aliens, but all such lands, tenements and hereditaments shall be understood as having vestod in such purchaser or purchasers, any law to the contrary thereof notwithstanding : Provided always, That nothing herein contained shall be construed to confer on any of the persons herein named, any other rights appertaining to natural born citizens, except those of taking, holding and disposing of real property within this state.
Passed April 12, 1813. WHEREAS Charles Whitlow and his associates have by Preamble. their petition represented to the legislature, that he has discovered a plant, a native of this state, called the Urtica Whitlowi, which, promises essential benefits to the community in promoting domestic manufactures, as a substitute for hemp and flax, and have also represented that various plants may probably be discovered, highly valuable as dye-stuffs, for the exclusive use of the former of which the said Charles Whitlow hath obtained a patent from the government of the United States, and are de. sirous of making extensive experiments in the culture of the
Concerns how to be
said Urtica Whitlowi, and prosecuting their researches for such dye-stuffs, and have prayed an act of incorporation the better to
enable them to obtain the objects of their association : Therefore, c. Whitlow 1. BE it enacted by the people of the state of New York, and others in. corporated." represented in Senate and Assembly, That Charles Whitlow,
and all such persons as are now or hereafter shall be associated with him for the purposes aforesaid, and their successors, for twenty years from the passing of this act, be and they hereby
are ordained, constituted and declared to be a body corporate Their Ayle,
and politic, in fact and in name, by the name of “ Urtica White lowi Society," and by that name they and their successors shall and may have succession, and shall be 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 that they and their successors may have a common seal, and may change and alter the same at pleasure, and shall be capable of purchasing, holding and conveying any lands, tenements, hereditaments, goods, wares and merchandizes whatsoever, necessary for the objects of this incorporation.
II. And be it further enacted, That the stock, property and nanaged.
concerns of the said corporation shall be managed by five directors, who shall annually be elected from the stockholders on the first Monday in December, at such time of the day and place within this state, as the directors shall appoint, of which time and place public notice shall be given at least thirty days before the time of holding such election, in one of the daily papers printed in the city of New York, and in one of the newspapers printed in the city of Albany ; 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 the five persons having the greatest number of votes shall be directors, and shall have power to elect one of their number as presi. dent, and also to fill all vacancies in the year occasioned by death, resignation, or removal out of the state ; and in case no election shall be held on the day herein before mentioned, the president and directors for the time being shall direct, on the like notice, the time and place of choosing such directors, giving
at least twenty days notice thereof in manner aforesaid. By-laws may III. And be it further enacted, That the president and direcbe made.
tors aforesaid shall have power to make such by-laws, rules and regulations, consistent with the constitution and laws of this state, as to them shall appear necessary and proper, relative to the management and disposition of the stock, property, estate and effects of the said corporation, and relative to the duties of the officers, ariificers and servants by them employed, and all such matters and things as appertain to the business and concerns of the said incorporation, and to appoint such and so many officers, clerks and servants for carrying on and conducting the affairs and business of the said company, and with such allowance for salaries and wages as to them shall seem necessary and proper.
iv. And be it further enacted, That the stock of the said company shall be deemed personal property, and shall never exceed fifty thousand dollars.
Stock limit. cd.
Passed April 12, 1813. WHEREAS Jacob Sherred and others have associated them..
Preamble. selves for the purpose of exploring, digging and vending coal, , and in order to enable them more extensively to carry their intentions into effcct, have presented a petition to be incorporated : Therefore,
I. BE it enacted by the people of the state of New York, re- Jacobsherred presented in Senate and Assembly, That Jacob Sherred, John G. and others in
* corporated. Bogert, Gilbert Aspin wall, Gabriel Furman, John Slidell, George Arcularius, Anthony Steinback, and all other persons who have associated, or who may associate with them for the purposes aforesaid, shall be and are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name and style of « The Allegany Coal Company," and by that name they and their successors shall and may be known and have succession, and shall have power and may be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts, judicatures and places whatsoever and wheresoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and also of contracting and being contracted with, relative to the purposes and business for which the said corporation is hereby created, as hereafter declared ; and that the said corporation shall and may have a common seal, and may alter and change the same at their pleasure ; and also that the said corporation shall be in law capable of purchasing, holding and conveying any real or personal estate and property for the public use of the said corporation : Provided, That the whole of the Proviso. said stock and real estate of said corporation shall never exceed one hundred thousand dollars, current money of the United States. II. And be it further enacted, That the stock, property, af- Concerns
how to be fairs and concerns of the said corporation, shall be managed and conducted by seven directors, who shall be stockholders in said company, of at least five shares each, and who shall be annually elected by the stockholders by balloi, on the second Monday in January in every year, at such time of the day and at such place in the city of New-York as the board of directors for the tiine being shall appoint for that purpose, of which clection, and of the time and place, the said directors shall cause public notice to be given at least ten days prior to the day of election, in two public newspapers printed and published in the city of NewYork, and those persons who shall have the greatest number of votes at such election shall be directors, and the said directors shall by a majority of votes, choose one among themselves to be their president, which president and directors shall hold their offices for one year, and until others shall be elected ; and if any vacancy shall happen among the directors by death, re. signation or removal, or ceasing to be a stockholder in the said company, such vacancy shall be filled for the remainder of the year in which the same shall happen by the remainder of the clirectors for the time being ; and the first directors shall be Ja
Firk directors cob Sherred, John G. Bogert, Gilbert Aspinwall, George Arcu.
larius, Gabriel Furman, Frederick Gussenhainer, and Anthony Steinback, who shall hold their respective offices until the second Monday in January, one thousand eight hundred and fourteen, and if any vacancy should happen among the said directors as aforesaid, then such vacancy shall be supplied as is
herein before directed. Proviso as to II. And be it further enacted, That if it should at any time
happen from any cause whatsoever, that the election should not take place in any year on the day herein for that purpose mentioned, the said corporation shall not for that reason be dissolved, but such election may thereafter be held on such convenient day as may for that purpose be fixed on by the said directors, they causing such notice thereof to be given as is herein before required for an election on the days herein before designed for that purpose.
IV. And be it further enacted, That the stock of said corporation shall not exceed one thousand shares, and that each stockholder personally, or by his agent, shall be entitled to one
vote for each share he may hold in his name. Powers of the V. And be it further enacted, That the directors may ap.
point their own times and places of meeting, and shall have power to appoint a general meeting of all the stockholders, whenever in their opinion such meeting becomes necessary for the interest of the company, on giving ten days previous notice thereof as aforesaid, and shall also convene a meeting of the stockholders on the application of any five stockholders owning together one hundred shares; and the said directors shall have power to make and prescribe such by-laws, rules and regulations, as to them shall appear needful and proper, touching the management and disposition of the stock, property and effects of the said corporation, and touching the appointment, dulies and conduct of their treasurer, secretary, clerks, agents and servants employed by them, and touching all such matters as appertain to said corporation, with powers to appoint such and so many officers, clerks and servants for carrying on the said business of exploring, digging and vending coal, with such allowances and salaries as to them shall seem meet : Provided, That such by-laws, rules and regulations be not repugnant to the constitution and laws of this state or of the United States.
VI. And be it further enacted, That the said corporation shall be and are hereby restricted and limited solely to carrying on the business aforesaid, and that they shall not carry on any
other kind of business whatsoever. Duration of VII. And be it further enacted, That the duration of the the corpora corporation créated by this act, shall be twenty years, and that
this act shall be considered a public act.
CHAP. CXCIV. An ACT for the Relief of Jacob Holmes, administrator of the Estate of Stephen Thorn, deceased.
Passed April 12, 1813. WHEREAS Stephen Thorn, one of the managers of Union college lottery, hath lately died intestate, and was at the time of