Proviso. len Manufacturing Company as shall make application therefor for a sum of money not exceeding five thousand dollars in the whole, for a term not exceeding six years, from and after the first day of June next, at an interest of seven per cent per annum, payable annually: Provided always, That no money shall be loaned by or under the authority of this act, unless the same shall be well secured by bond and mortgage on real estate, in value at least twice the amount of the sum loaned, exclusive of buildings. [Note.-This act is a further evidence of the encouragement given by the Legis Isture to domestic manufactures. Recital. Corporation created and general pow ers Style. Proviso. limited. CHAP. CXXXIII. An ACT to incorporate the proprietors of the Conduit Company of Troy. Passed April 13, 1814. WHERAEAS certain persons have associated for supplying the village of Troy with water, and have by their petition prayed to be incorporated: Therefore, I. Be it enacted by the People of the state of New-York, represented in Senate and Assembly, That Richard P. Hart, Nathan Warren and Daniel Merrit, and their associates, shall be, and hereby are constituted a body corporate and politic, in fact and in name, by the name of "The Trustees of the Conduit Company of Troy," and by that name may and shall have succession for the term of thirty years, after the passing of this act, sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all manner of actions, matters and causes whatsoever, have a common seal, and make, change and alter the same at pleasure, and be capable of purchasing and conveying any estate real or personal for the use of the said corporation: Provided, such estate shall be necessary to attain the object of this incorporation, that the stock of the said corporation shall be Capital stock deemed personal property, and shall consist of one hundred shares of one hundred dollars each; that each of the stockholders of the said association shall pay in such proportions and at such periods of time as the trustees of said company shall direct and appoint, upon pain of forfeiture of their shares and all previous payments thereon, to said trustees, for the use of said company : That the management of the concerns of said company shall be intrusted to five trustees, being stockholders and inhabitants of the village of Troy, which trustees shall hold their offices one year from the first Tuesday in September, in every year: That. an election shall be held on the Saturday preceding every such Tuesday in September, in every year, in such place in the village of Troy, and at such hours, as the trustees shall from time to time appoint by notification, to be published in one of the newspapers printed in said village, at least one day before the election day: That all elections shall be by ballot, by the stockholders personally, or by proxy, each stockholder voting in the following Trustees how elected, &c. per proportions, to wit: One vote for every share not exceeding five, and how filled. dent and Powers of II. And be it further enacted, That the said trustees shall be authorised in their discretion to appoint a clerk, superintendant, trustees. and such other officers, agents and servants as they shall from to time deem necessary for carrying into effect the powers vested in said company; to declare dividends on the stock of said company; to establish rules and regulations by ordinances and byelaws, for and concerning the government of such officers, agents, and servants, and for determining the compensation to which they shall be entitled; and, for and concerning the manner of making transfers of the said stock, and the conduct and government of all such persons as shall use the water from said conduit, so far as respects the preservation of the water furnished by the said company, and the use thereof, and to restrain the waste thereof, and by such bye-laws and ordinances to impose penalties and forfeitures for refusal to comply therewith, so as that such penalty and forfeiture in any one case shall not exceed five dollars, which penalties or forfeitures shall be recoverable in the name of the clerk or superintendent, before any justice of the peace of the village of Troy, with costs in an action of debt; and for the purpose of effectually supplying the inhabitants of said village with water, it shall and may be lawful to and for the said trustees and company, to use any fountain and to conduct the same through or over any Lands may lands in the township or village of Troy, and in case of disagree- operations of ment with the owner or owners, of any fountains, lands, or tene. the company and damages ments, as to the compensation to be for the injury committed by how ascer such operations, or if the owner or owners be out of the state, feme coverts, under age, or insane, that then and in such case it shall be lawful for any two judges of the court of common pleas in and for the county of Rensselaer, upon application of said trustees, to appoint three indifferent persons, being freeholders, to appraise such damages, and they or any two of them, shall with all convenient speed, first having taken an oath before a justice of the peace for the faithful discharge of their duty, make such appraise be used for tained. : Penalty for injuring works, &c. Election may be held at any day. ment and report the same to the judges who shall have made such appraisement, in writing subscribed by them, which report the said judges shall forthwith cause to be filed in the office of the clerk of said county, with a certificate to be subscribed by them of their having made such appointment; that the said trustees shall thereupon pay to the owner or owners of such lands or tenements, or person or persons legally authorised to receive the same, whenever he, she, or they, should demand the amount of such damages, and shall forthwith after such appraisement shall have been completed, pay to said judges, all costs, charges, attending the making such appraisement and perfecting such report, which payment shall be deemed full compensation for such injury, and that it shall and may be lawful to and for the said trustees and company to conduct and lay their couduits below the surface of any street or any public highway in the said village or township of Troy, putting such street or public highway in as good condition as the same was before such conduits were laid. III. And be it further enacted, That if any person or persons shall wilfully stop, impair, or break any conduit, reservoir, or any other matter or thing appertaining to the conducting or preserving the water aforesaid, he, she, or they, shall forfeit and pay to the trustees and company aforesaid, treble the damages thereby sustained, to be recovered by the trustees in an action of trespass, in every court having cognizance thereof with costs. IV. And be it further enacted, That in case any election shall not be holden on the day which by this act is prescribed, the said corporation shall not therefore be dissolved, but it shall and may be lawful for the stockholders to hold such election on any subseqent day, within sixty days thereafter. [Note. On the 16th June 1812-Sess. 35. ch. 172, a company was incorporated in Troy, by the name of "The Trustees of the Earthen Conduit Company of Troy,' with privileges and immunities similar to those in the present act, except that the present corporation are not limited to earthen conduits.-The late improvements introduced in the manufacture of cast-iron pipes, at Salisbury in Connecticut, for the purpose of conducting water, promise to be more durable than any yet invented.] 600 dollars to be paid for the expenses ineident, &c. Compensa tion to the CHAP. CXXXIV. An ACT supplementary to the act, entiled “an act to designate and establish the boundary line between this state and the state of Vermont. Passed April 15, 1814. I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the treasurer shall pay on the warrant of the Comptroller, to Smith Thompson, Simeon De Witt and George Tibbits, the sum of six hundred dollars, to enable them to defray the expenses incident to the business assigned by the said act, for which sum they shall account with the Comptroller. II. And be it further enacted, That in settling the accounts of commiss's. the said Smith Thompson, Simeon De Witt and George Tibbits, the Comptroller shall allow to each of them, at the rate of two dol lars per day, for the time they shall respectively have been actually employed in performing the duties enjoined on them by the act aforesaid. 66 [Note On the 6th March, 1790-Sess. 13. ch. 18 Gr. v. 2. 297, Robert Yatës, Robert R. Livingston, Gulian Ver Plank, Simeon De Witt, Egbert Benson, Richard Sil, and Melancthon Smith, were appointed commissioners to declare the consent of the Legislature to the erection of a new state by the name of Vermont, and to cede and relinquish certain territorial and jurisdictional rights of this state as the peace and interest of the United States, in general, and of this state in particular,” should require."-On the 7th October, 1790, the cession was accordingly made-It is the province of the historian to relate the unprecedented revolt and tumults which had arisen in that portion of territory now called Vermont, antecedent to these measures, and how much was sacrificed by this state to conciliate the good will of our neighbors.-By the act of cession, (recorded in the Secretary's office, Book H. pages 438, 439, 440, 441.) the commissioners on the part of this state declared, "that the community now actually exercising independent jurisdiction as the state of Vermont be admitted into the union of the United States of America."-It was further declared, that that state paying this state 30,000 dollars by a certain day therein named, "all rights and tities to lands within the "state of Vermont, under grants from the late government of the colony of New"York, or from the state of New-York, [with certain exceptions] should cease."The 30,000 dollars were paid and lands of upwards of a million of dollars in value were thus wrested from their owners without their consent, and became the proper ty of the state of Vermont.-The 30,000 dollars were afterwards distributed among such owners by commissioners appointed by this state, and about 4 cents and 9 mills per acre were paid them for lands in some instances worth as many dollars, and even more —On the 8th June, 1812, sess. 35. ch. 90, Smith Thompson, Simeon De Witt and George Tibbits were appointed commissioners to designate (in conjunction with commissioners to be appointed by Vermont) "by permanent monuments," the boundary line between the two states, accordingto the description thereof, in the cession of October 7, 1799.-The present act makes provision for the expenses of the commissioners.] CHAP. CXXXV. An ACT further to amend the act, entitled “an act to establish a turnpike road, from the village of Waterford through the town of Whitehall to Westhaven, and for other purposes." Passed April 15, 1814. revived and I. BE it enacted by the people of the state of New York, repre- Certain act sented in Senate and Assembly, That the act entitled “ an act extended. amending an act to establish a turnpike road from the village of Waterford, through the town of Whitehall to Westhaven," passed March the ninth, one thousand eight hundred and ten, be and the same is hereby revived and extended, and that the time mentioned in the said act for commencing the operations of the said company on the route of the road in the said act mentioned, is hereby extended for the term of two years after the passing of this act, and that the term for completing the said road, is hereby also extended until the first day of April, in the year of our Lord, one - thousand eight handred and twenty-five, any thing in the act hereby amended to the contrary thereof in any wise notwithstanding. 1. And be it further enacted, That whenever the trustees of the village of Waterford, shall by ordinance direct the removal of any LAWS-S. 37. 21 Trustees of Waterford may require the removal of nuisancs from lots, Expenses to be reimburs ed, or, etc. nuisance from any lot or lots in said village, the property of a non resident or non-residents, or the improvement of the streets or alleys contiguous to such lot or lots; it shall be lawful for the said trustees to make such removal or improvement and charge the amount of such removal or improvement, to such non-resident owner or owners, giving them notice of such charge: And if such owner or owners shall not within three months after such notice, pay to the trustees aforesaid, the monies so expended in their behalf, it shall be lawful for the said trustees to take possession of and lease such lot or lots, until they shall be remunerated for the monies expended as aforesaid, with interest, at the rate of twelve per cent per annum, or until they shall receive such remuneration from the owner or owners of such lot or lots, and in case the owner shall make such payment before the lease for which the same may have been leased by the trustees, shall have expired, it shall be lawful for the tenant under the said trustees to remove any fences or building which may have been erected by him on the same. [Note. This turnpike company was incorporated March 28, 1806-sess. 29. ch. 87. W. v. 4. 423.-By the act of March 9, 1810-sess. 33. ch. 33. the toll among other provisions was increased, but the operations of that act was limited to twe years from the passing thereof-The present act extends the time.] Payment of Spafford sus pended. CHAP. CXXXVI. An ACT extending the time for the payment of the loan to Horatio I. BE it enacted by the people of the state of New-York, reloan to H.G. presented in Senate and Assembly, That the payment of the amount of the loan made to Horatio G. Spafford, by an act, entitled " an act authorising the Comptroller to loan money to Horatio G. Spafford," be, and the same is hereby suspended for four years, upon condition, that the said Horatio G. Spafford execute a new bond to the Comptroller, with the same or other sufficient securities, in the election of the Comptroller, for the payment of the said loan within four years from the date hereof, with the interest thereon annally. Another loan made to him. II. And be it further enacted, That the Comptroller shall, and of 3000 dolls. he is hereby required to loan to the said Horatio G. Spafford, the further sum of three thousand dollars, on the same terms and con◄ ditions prescribed by the act, entitled "an act authorising the Comptroller to loan money to Horatio G. Spafford," and the first section of this act. [Note. The act authorising the loan was passed April 4, 1811-sess. 34. ch. 153. -The sum loaned was 3000 dollars, payable in three years with interest.-Its object was to defray the expenses of publishing" A copious Gazeteer of the State," which Mr. Spafford had written.-This work has since appeared, and does sertainly great honor to the writer and the state.] |