road company, that no election of directors of said company has
been held for a period of near three years preceding the sixteenth
day of June, in the year one thousand eight hundred and fourteen,
and that an election of directors of the said company was held on
the day and year aforesaid; and whereas doubts are entertained
whether the said company was not dissolved by the said neglect to
elect directors during the period aforesaid: Therefore,

Be it enacted by the people of the state of New-York, repre-
sented in Senate and Assembly, That the said company shall not be
deemed to have been dissolved by reason of the said neglect to e-
lect directors during the period aforesaid; and that the election of
directors held on the said sixteenth day of June, in the year one thou-
sand eight hundred and fourteen be, and the same is hereby declared
legal and valid.

CHAP. XLIX.

An ACT to annex the Town of Colonie to the City of Albany.
Passed February 25, 1815.

WHEREAS the trustees of the town of Colonie, in the county of
Albany, and the major part of the freeholders and inhabitants of Preamble.
the said town, have, in conjunction with the common council of the
city of Albany, prayed that the said town of Colonie may be an-
nexed to the said city, in the manner and upon the conditions
herein after mentioned: Therefore,

Albany.

I. Be it enacted by the people of the state of New-York, re- Part of Cele presented in Senate and Assembly, That all that part of the nie annexed town of Colonie aforesaid, comprehended within the following lim- to the city of its, to wit, "beginning at the south-east corner of the said town, and running northwardly, along the east bounds of the county of Albany, until a course of north, forty-eight degrees west, intersects or strikes a red cedar post with brick around it, standing on the west bank of Hudson's river, which post is distant twenty-two chains and thirty-six links, from the south-east corner of the store house of Stephen Van Rensselaer, on a course north, forty degrees twenty minutes west, and then north forty-eight degrees west to the west bounds of the said town, then along the west and south bounds thereof to the beginning," shall be and is hereby annexed to the And erected said city, and erected into a ward thereof, by the name of the fifth into a fifth ward; and that all the residue of the said town of Colonie, shall be ward. and is hereby annexed to the town of Water-Vliet, in the said county of Albany.

tants

II. And be it further enacted, That the freeholders and inhabi- Privileges of tants of the said fifth ward, shall enjoy all the rights, privileges and the inhabi immunities, which are granted by the charter of the said city of Albany, and the several acts amending the same now in force, to the freeholders and inhabitants of the said city; and that the said fifth ward shall, to every intent and purpose provided for by the said charter, and the acts aforesaid, be subject to the control, government and regulation of the common council of the said city, in

21

Proviso.

Power of the common

Council relative to the improve.

ments.

Damages,

aessed.

like manner as the other wards of the said city: Provided always, That it shall not be lawful for the common council of the said city, to appropriate any of the funds or property now belonging to the mayor, aldermen and commonalty thereof, for the purpose of laying out, opening, extending, straightening, widening, altering, forming or improving, or repairing any street, avenue or road, or mak ing, repairing or cleansing any drain or sewer, in the said fifth ward; but the expence of every such regulation and improvement, shall be paid by the owners and occupants of houses and lands, within the said fifth ward, which are intended to be benefited thereby, in the manner herein after specified and prescribed.

III. And be it further enacted, That if in the opinion of the said common council, it shall be necessary to take the ground or other real estate, with the appurtenances, of any person for the purpose of opening, laying out, extending, straightening or widening any street, road or avenue, in the said fifth ward, it shall be lawful for the mayor or recorder, and any two aldermen, by a precept under their hands and seals, to command the sheriff of the city and coun ty of Albany, to empannel and return, and he is hereby required to empannel and return a jury to appear before the mayor's court of the said city, at any term in the said precept contained, not less than ten days from the date of such precept, to enquire of and as sess the damages and recompence due to the owner or owners of such ground, or other real estate, with the appurtenances, and at the same time to summon the owner or owners of such ground, or other real estate, with the appurtenances, or his or their agent or legal representative, by written notice to be left at his or their most usual place of abode, to appear before such mayor's court, on the day and place in such precept to be specified; upon which precept the said sheriff shall summon twenty-four good and lawful men, how to be as- qualified to serve as jurors in the said court, which jury, being first sworn faithfully and impartially to enquire into and assess the damages in question, and having viewed the premises, if necessary, shall enquire and assess such damages and recompence, as they shall judge fit to be awarded to the said owner or owners of such ground, or other real estate, with the appurtenances, for their respective losses, according to their several interests, or their estates therein; and it shall then be the duty of such jury to apportion and assess the whole amount of such damage and recompense, upon owners of all the land or real estate, to be henefited thereby, as nearly as may be, to the advantage which each shall be deemed to acquire; and the jury shall make such assessment in writing, and shall subscribe their names thereto; and where the owner or owners of any land or real estate, so assessed, shall be unknown to the said jurors, it shall be sufficient to state in such assessment, that such owner or owners are unknown, and the land or real estate of such owner or owners, shall be bound and affected, in like manner as if he or they had been named in such assessment; and such assessment of such damage and recompense due to the owner or owne ers of ground or other real estate, with the appurtenances, taken for the purposes aforesaid; and the apportionment of such damage upon the owner or owners of land or real estate, benefitted thereby, being returned at that or the next term of the said mayor's court,

the

by the said jury or their foreman, and being, comfirmed by the
said mayor's court, shall be conclusive and binding as well upon the
said owner and owners, his and their respective heirs, executors,
administrators and assigns, claiming any estate or interest of, in or
to the said ground, or other real estate, with their appurtenances,
as upon those persons amongst whom the apportionment of such
damage shall have been made by such jury; and it shall thereupon
be lawful for the said common council to cause the said ground or
other real estate, with the appurtenances, to be converted to, and
used for the purpose aforesaid, for which the same shall be requir-
ed; and upon the request of the owner or owners of any of the real
estate so taken for the improvement so required, it shall be the du-
ty of the common council forthwith to enforce payment of the said
assessment in the manner herein after prescribed, against the own-
ers benefited by such improvement, and who shall have been assess-
ed as aforesaid; and the said monies when received, shall be paid
over to such owner or owners, whose real estate shall have been ta-
ken as aforesaid, according to the said assessment.

unknown

IV. And be it further enacted, That in case any real estate In the case of belonging to any unknown owner, shall be taken for any improve- owners of lots ment in this act specified as aforesaid, it shall be lawful for the said mayor's court to ascertain and determine the part or portion of the sum assessed, among such of the said owners as shall apply to the said court, in like manner as directed by the second proviso of the eleventh section of the act, entitled "an act relative to the city of Albany," passed April sixth, in the year one thousand eight hundred and thirteen; and such part or portion so ascertained and determined, shall be paid to the owner, or owners, to whom the same shall be awarded by the said court, out of the monies to be collected by virtue of the assessment made by the jury aforesaid; and further, that the twelfth section of the said act, shall apply to the said fifth ward, in like manner as the same is now in force with regard to the other wards of the said city.

to be a lien oa

V. And be it further enacted, That such apportionment and Assessment assessment among the owner or owners of land or real estate benefit- property. ed by such improvement, shall be a lien on the respective peices or lots of ground among which such apportionment or assessment has been made; and in case of neglect or refusal to pay the same, it shall be lawful for the said common council to direct a sale at public vendue, of such lo tor lots, subject to the payment of such apportionment or assessment, on a certain day and place, in the notice of sale to be contained, giving three months notice thereof, in one or more of the public newspapers printed in the city of Albany, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing the amount of such assessment, with interest and the cost of advertisement and declaration of sale; and if the same shall be sold, it shall be lawful for the said mayor, aldermen and commonalty, to execute to the purchaser or purchasers, a declaration of sale, under the common seal of the said city, and such purchaser or purchasers, his or their executors, administrators or assigns, shall by virtue thereof, have, hold and enjoy the same, for his and their own proper use, against the said owner or

Inhabitants

not liable to tax to im

prove the o

owners thereof, and all persons claiming under him or them, until his or their term shall be completed and ended.

VI. And be it further enacted, That the freeholders and inhaof 5th ward bitants of said fifth ward, shall not be liable to be taxed to defray the expence of laying out, opening, straightening, widening, exther wards. tending, forming, altering, improving, or repairing any street, avenue or road, or for making, mending or cleansing, any drain or sewer, in any of the other wards of the aforesaid city.

Officers of the ward.

VII. And be it further enacted, That the said fifth ward, shall have an equal representation in the said common council, with each of the other wards of the said city of Albany; and that until the next annual election for charter officers in the said city, Peter Dox and Isaac I. Fryer shall be the aldermen; and Henry W. Snyder and Christopher Ruby, shall be the assistants, of the said fifth ward.

Preamble.

corporated.

CHAP. L.

An ACT for the Relief of Christian Bouck.

Passed February 25, 1815.

Be it enacted by the people of the state of New-York, repre sented in Senate and Assembly, That all the right, estate, title, interest, claim and demand whatsoever, of the people of this state, in or to the farm now in the occupation of Christian Bouck, in the town of Middleburgh, in the county of Schoharie, be and the same are hereby released and quit-claimed unto the said Christian Bouck, his heirs and assigns, forever.

CHAP. LI.

An ACT to incorporate the Catetunck Lock Navigation Company.

Passed March 3, 1815.

WHEREAS Elnathan Andrews, Septer Patrick, and others, by their petition represented to the legislature, that the Catetunck creek is capable of being rendered by means of locks, dams and canals, navigable for boats and arks, and have prayed, that they and their associates may be incorporated for that purpose, with a capital of seventy-five thousand dollars.

1. Be it therefore enacted by the people of the state of NewE. Andrews York, represented in Senate and Assembly, That the said Elnaand others in than Andrews, Septer Patrick, and such other persons as have associated, or shall associate with them, for the purpose of making, by means of locks, dams and canals, the waters of the said Catetunck creek navigable for boats and arks, from the junction of the said creek with the Susquehannah river, to the upper forks of the north-west branch of the said creek, be, and they are hereby considered, a bedy corporate and politic, in fact and in name, by the name of “the

First direet

president, directors and company of the Catetunck lock navigation Style, &e.
company," and by that name, may have perpetual succession, un-
til the first day of January, one thousand eight hundred and forty-
five, and no longer; and may sue and be sued, defend and be de-
fended, implead and be impleaded, in all courts and places whatsoev-
er; and may have a common seal, and may change the same at plea-
sure; and the affairs and business of said corporation shall be mana-
ged and directed by seven directors, to be elected in the manner here-
inafter mentioned, four of whom shall constitute a quorum for the
transaction of business; and the first directors shall be the follow-
ing persons, to wit, Henry Bloom, Elnathan Andrews, Septer Pa-
trick, John Richardson, Glen Cuyler, Christopher Morgan, and Jona-
than Richmond, who shall hold their offices until the first Monday in or
May, one thousand eight hundred and sixteen, and until others
shall be chosen in their stead, and annually on that day thereafter
the directors of said corporation shall be elected, at such place as
the board of directors shall previously appoint, at least thirty days
before such election, a notice of which appointment shall be pub- how to be
lished for three weeks successively in a newspaper published in the made.
county of Cayuga, and in a newspaper published in the county of
Broome; and the directors shall choose one of their own number to
be president: but in case he shall be absent at any meeting of the
board of directors, the directors may appoint a president pro hac
vice, but the incorporation shall not be dissolved by reason of the
not holding an annual election at the day and place appointed; and
the board of directors in such case may, by a by-law, provide for
holding an election of directors on a subsequent day; and if any va-
cancy shall happen by death or the resignation of one or more of
the directors, such vacancy shall be filled, for the remainder of the
year, by such person or persons as the rest of the directors for the
time being shall elect.

Elections,

subscribed.

II. And be it further enacted, That the capital stock of said Stock, how
corporation shall consist of two thousand shares, of thirty-five dol-
lars each, and that Elnathan Andrews, Glen Cuyler and John
Richardson, be, and they are hereby appointed commissioners to
open three books, for the purposes of receiving subscriptions to the
capital stock of said corporation, in each of which books shall be
written as follows: We, whose names are underwritten, severally
for ourselves and legal representatives, promise to pay to the pre- when paya-
sident, directors and company of the Catetunck lock navigation ble
company, thirty-five dollars for every share of stock set opposite
to our respective names, at such times and portions as said presi-
dent, directors and company shall require; and every subscriber
shall, at the time of his subscription, pay to the said commission-
ers, or any one of them, five dollars on each and every share to be
so subscribed; and it shall be lawful for the said president, direct-
ors and company, to demand payment of such further portions
of said stock, as in the judgment of the board of directors may,
from time to time, be necessary or proper, under the penalty of
forfeiting the said stock and all previous payments made thereon,
to the said president, directors and company, giving at least sixty
days notice in two newspapers to be printed as before mentioned,
of such demand, and of the time and place such portion or instal-