lic notice shall be give not less than thirty days previous to the time of holding said elections, by an advertisement to be inserted in one or more of the public newspapers printed in the county of Ontario; said elections shall be made by the stockholders in the said corporation, either in person or by proxy; and all elections for directors shall be by ballot, each stock. holder shall be entitled to a number of votes which he or she shall have held in his or her name, at least thirty days previous to the time of voting, according to the following ratio, that is to say, at the rate of one vote for every share not exceeding twenty, and one vote for every five shares above twenty and not exceeding fifty, and one vote for every ten shares above fifty; and the eleven persons who shall have the greatest number of votes as aforesaid shall be directors; and if it should happen at any election that two or more persons voted for as aforesaid, shall have an equal number of votes, then the directors in office, at the time of such election, or a major part of them, shall proceed to ballot, and by plurality of votes, determine which of the said persons so having an equal number of votes shall be director or directors, so as to complete the whole number so to be elected; and the directors, as soon as may be thereafter, shall proceed to elect by ballot one of their number to be president; and if any director living in the county of Ontario shall remove out of the same, his office shall be considered as vacant; and all vacancies in the direction shall be filled for the remainder of the year in which they shall happen, by such person or persons as the remainder of the directors, or a majority of them, shall appoint; and the first directors shall be Asahel Warner, First direc David E. Evans, Heman Norton, Phineas P. Bates, John Greig, tors. Nathaniel Gorham, Moses Atwater, Thaddeus Chapin, Jasper Parish, Stephen Bates, Philetus Swift, who shall hold their offices respectively until the first Monday of November in the year of our Lord one thousand eight hundred and fourteen. solved for election on V. And be it further enacted, That in case it should at any Corporation time happen that an election of directors should not be made on not to be dis the day prescribed by this act, the corporation for that cause not holding shall not be deemed to be dissolved, but that it shall and may be the day ap lawful on any other day to hold and make an election of direc- pointed. tors, according to the by-laws and regulations of said corporation. . VI. And be it further enacted, That the directors for the Directors time being, or a majority of them, shall have full power to make may make by-laws. and prescribe such by-laws, orders, rules and regulations as to them shall appear needful, touching the management and disposition of the stock, property, estate and effects of the said corporation, and the time and manner of the discounts and deposits made in and by the same, the dutics and conduct of the officers, clerks and servants employed therein, the election of directors, and all such matters as appertain to the business of a bank, and shall also have power to appoint so many officers, clerks and servants for carrying on all and singular the said business, and with such salaries and allowances as to thein shall seem meet: Provided, That such by-laws, orders, rules and Proviso. regulations be not repugnant to the constitution and laws of this state or of the United States. Transfers how to be made. Total debt three times the amount of capital. VII. And be it further enacted, That no transfer of stock shall be valid or effectual until such transfer shall be registered in a book or books to be kept for that purpose by the directors, and unless the person making the same shall previously discharge all debts due by him or her to the said corporation, which exceed in amount the residuary stock of such persons. VIII. And be it further enacted, That the total amount of not to exceed debts at any time and in any manner due by the said corporation, over and above the specie then actually deposited in the bank, shall not exceed three times the sum of the capital stock subscribed and actually paid into the said bank; and in case of any excess, the directors under whose administration the same may have happened, excepting those who dissented therefrom, or were not present when the same did happen, shall in their individual and private capacities be liable for such excess; and the estate of the said corporation shall also be liable therefor. Bills affigna ble. Monies sub. be demand. ed. IX. And be it further enacted, That the bills obligatory and of credit, under the seal of the said corporation, which shall be made to any person or persons, shall be assignable by endorsemert thereupon, under the hand or hands of such person or persons, his, her or their assignee or assignees, and so as absolutely to transfer and vest the property thereof in each and every assignee or assignees respectively, and to enable such assignee or assignees to bring and maintain an action thereupon in his, her or their own name or names, and bilis or notes which may be issued by order of said corporation, promising the payment of money to any person or persons, his, her or their order, or to bearer, though not under the seal of the said corporation, shall be binding and obligatory upon the same, in like manner and with like force and effect as upon any private person or persons if issued by him, her or them, in his or their pri vate capacity or capacities, and shall be assignable or negotiable in like manner as if they were so issued by such private person or persons. X. And be it further enacted, That it shall be lawful for the scribed may directors for the time being to call and demand of the stockholders respectively, all such sums of money by them subscribed, or to be 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, to the said company, always however giving sixty days previous notice of such call and demand in one or more of the newspapers published as aforesaid. Dividends how to be made. This act not ed by any XI. And be it further enacted, That it shall be the duty of the directors to make half yearly dividends of so much of the profits of said bank as they, or a majority of them, shall deem advisable; and that the said corporation shall not demand any greater interest on a loan or discount for a term not exceeding sixty days, than at the rate of six per centum per annum; and that no director shall be entitled to receive any emolument for his services, except the president for the time being. XII. And be it further enacted, That this present act of incorto be forfeit poration shall in no wise be forfeited by any non-user whatsoever non-user. at any time before the first Tuesday of February next, and it shall on that day be lawful for the stockholders above mentioned to assemble for the purpose of carrying the same into effect, any want of notice in the manner above prescribed to the contrary in any wise notwithstanding. XIII. And be it further enacted, That this act shall be deemed This a pub. a public act, and shall be benignly and favorably construed for all lic act. the purposes therein expressed and declared, in all courts and places whatsoever. CHAP. LXV. An ACT to enable the Mayor, Recorder and Aldermen of the city of New-York to raise Money by Tux. Passed March 19, 1813. 90.000 dollars I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the mayor, recorder may be rais and aldermen of the city of New-York as the supervisors of the by tak, city and county of New-York or a majority of them, of whom the mayor or recorder shall be one, shall be and hereby are empowered as soon as conveniently may be after the passing of this act, to order and cause to be raised by a tax on the estates real and personal of the freeholders and inhabitants of, and situate within the said city, and to be collected, a sum not exceeding ninety thousand dollars to be applied to the support and maintenance of the poor of the city and county, the support and repairs of the bridewell of the said city, the support and maintenance of criminal persons, the repairing and taking care of other public buildings in the said city belonging to and under the custody and care of the mayor, aldermen and commonalty of the city of New-York, the making, regulating, repairing and improving the public streets and roads in the said city and county, the defraying of other contingent expenses arising within, and properly chargeable to the said city and county, and for defraying the expenses which the mayor, aldermen and commonalty of the city of New-York may sustain, or be put to in exercising the powers vested in them by the act passed the second day of April, one thousand eight hundred and three, entitled "an act to invest the mayor, aldermen and commonalty of the city of New-York with adequate powers in relation to certain objects of importance to the police and health of the said city." And for supplying the deficiencies of former taxes upon any and every of the wards of the said city owing to the insolvency or inability of the collectors of the said wards, any or either of them, or others, and fees of collection not heretofore provided for, such deficiencies however, to be assessed on the estates, real and personal of the freeholders and inhabitants of, and situate within the said wards respectively, where they shall happen as aforesaid; Also 70.000 and also a further sum not exceeding seventy thousand dollars by dollars may a tax on the estates real and personal of the freeholders and in- within cerhabitants of, and situate within the said city to the southward of a line beginning at the North river at a place called Deklyne's ferry, a little to the northward of the state prison, thence easterly in front of the new banking houses to the road commonly called the sandy-hill road, to the northward of potter's field and the house of William Neilson, to the bowery road to a street com be raised tain limits. Assessments how to be made. Compensation of the collectors. monly called Stuyvesant-street, and through the middle thereof to the East river, to be applied to the payment of so many watchmen as the mayor, aldermen and commonalty of the city of NewYork in common council convened, shall appoint and employ for watching and guarding the said city, to the purchasing of oils, providing iamps and putting up the same, and repairing, cleansing and lighting those which now are, or hereafter may be, erected within that part of the said city last described, to the cleansing and repairing public wells and pumps in the said city, and to defray the other contingent expenses arising in and properly chargeable to that part of the said city to the southward of the line aforesaid, as the said mayor, aldermen and commonalty in common council convened, may from time to time direct, and for supplying deficiencies of former taxes upon the same part of the same city last described, owing to insolvencies and fees of collectors not heretofore provided for; such deficiencies, however, to be assessed on the estates real and personal of the freeholders and inhabitants of and situate within the said wards respectively, where they shall happen as aforesaid, to the southward of the line aforesaid. II. And be it further enacted, That the said several sums of money shall be assessed in the manner directed by the act entitled "an act for the assessment and collection of taxes," and each person's tax in one ward shall be collected in one payment, and the monies so collected, paid into the hands of the treasurer or chamberlain of the said city, at such time after the passing of this act, as the said mayor, recorder and aldermen, as the supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall appoint and direct. III. And be it further enacted, That it shall be lawful for the collectors of the first, second and third wards of the said city to retain in their hands three cents on each dollar by them collected; the collectors of the fourth, fifth, sixth, seventh and tenth wards of the said city, to retain in their hands four cents on each dollar by them collected, and the collectors of the eighth and ninth wards of the said city to retain in their hands five cents on each dollar by then collected and no more, as a full compensation for their trouble in collecting and paying to the said treasurer or chamberlain the monies which shall be raised by virtue of this act. CHAP. LXVI. An ACT to alter the Name of the Town of New-Goshen in the county of Greene. Passed March 19, 1813. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That from and after the passing of this act, the town of New-Goshen, in the county of Greene, shall be called and known by the name of Lexington. ཡ THIRTY-SIXTH SESSION. CHAP. LXVII. An ACT to incorporate the Dutchess County Marble Company. WHEREAS Benjamin Strong, John Taylor, John Mason, Preamble. B. Strong &c. I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Benjamin Strong, John Tay- and others lor, John Mason, Garret Stevens, David Ely, junior, and Isaac incorporated. Mills and all others who are or shall become subscribers or associates for the purpose of this act, shall be, and they hereby are, together with their assigns and successors, established and made a body corporate and politic for the purpose of conducting said marble quarries and such others as they shall open or work, and for the purpose of manufacturing marble in this state and disposing thereof, by the name of "Dutchess County Marble Their style, Company," for the term of forty-two years, and by that name, they and their successors shall be and hereby are authorised and empowered to purchase, take, hold, occupy, possess and enjoy to them and their successors, any goods, chattels and effects of whatever kind they may be, the better to enable them to carry on said business to advantage; also to purchase, take, hold, occupy, possess and enjoy any such lands, tenements or hereditaments within the counties of Dutchess, Columbia, Ulster and Greene, and within the cities of New-York and Albany as shall be necessary for the views and purposes of said corporation, or to take any lease or leases thereof, and the same again to sell and dispose of at pleasure, also to sue and be sued, picad and be impleaded, defend and be defended, answer and be answered unto in any court of record or elsewhere; and the said corporation may have and use a common seal and may alter the same at their will and pleasure, and by such seal (for the time being) their proceedings, deeds and transactions shall and may be certified and established. II. And be it further enacted, That the capital stock of said corporation shall not exceed one hundred thousand dollars, and that a share of the said stock shall be fifty dollars, and the present owners of said quarries shall have a right to subscribe (if they shall wish so to do) for any number of shares in said corporation to the amount of one third thereof; that the stock of said company shall be deemed and considered personal estate and transferable only on the books of said company in such form as the directors of said company shall prescribe, but no transfer shall be valid so long as the stockholder transfering is or shall be indebted to said company; and that the said Benjamin Strong, John Taylor, John Mason, Garret Stevens, David Ely, Stock, &c. これ |