not be construed to exempt the said corporation, or any estate real or personal which they may hold as a corporate body, from being also liable for and chargeable with such excess; but such of the directors who have been absent when the said excess was contracted, or who may have dissented from the resolution or act whereby the same was so contracted, shall not be so liable. lands unless their accomn IX. And be it further enacted, That the lands, tenements and corporation hereditaments which it shall be lawful for the said corporation not to hold to hold, shall be only such as shall be requisite for its immedi- neceffary for ate accommodation, in relation to the convenient transaction of modation. its business, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts: And further, The said corporation shall not di- Nor deal or rectly or indirectly deal or trade in buying or selling any goods, ing and iel wares, merchandizes or commodities whatsoever, or in buying ling goods, or selling any stock created under any act of the United States or any particular state, unless in selling the same when truly pledged by way of security for debts due to the said corporation. trade in buy &c. ble. X. And be it further enacted, That the bills, obligatory, Bills affignaand of credit, under the seal of the said corporation, which shall be made to any person or persons, shall be assignable by indorsement 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 bills or notes which may be issued by order of said corporation, promising the payment 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 per sons, if issued by him, her or them, in his, her or their private or natural capacity or capacities, and shall be assignable or negociable in like manner as if they were so issued by such private person or persons. Monies fub bedemanded XI. And be it further enacted, That it shall be lawful for the directors for the time being to call and demand from the stock- fcribed may holders respectively all such sums of money as their respective shares shall amount to, at such times and in such proportions as they shall see fit, under pain of forfeiture of their shares, and of all previous payments thereon, to the said company, always however giving sixty days previous notice of such call and demand in the newspaper to be published as aforesaid. ed by any XII. And be it further enacted, That this present act of in- This act not corporation shall in no wise be forfeited by any non-user what- to be forfeitsoever, at any time before the first Monday of April, one thous- non-ufer. and eight hundred and fifteen, and that 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 notwithstanding. Dividends how to be made. Rate of in. zerelt. This a pub. lic act. XIII. 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 to them, or a majority of them, shall seem advisable; and that every cashier and clerk, before he enters upon the duties of his office, shall give bond with two or more sureties, to be approved of by the directors for the time being, or a majority of them, in any sum not less than ten thousand dollars for such cashier and two thousand dollars for each clerk, conditioned for the faithful discharge of their several duties; and the said cashier and clerk shall also take and subscribe an oath to observe and perform all the duties which may be required of them by the directors from time to time. XIV. And be it further enacted, That the said corporation shall not demand any greater interest on any loan or discount than at the rate of six per centum per annum. XV. And be it further enacted, That this act be and 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 benignly and favorably for every beneficial purpose therein mentioned. CHAP. LXXI. An ACT to authorise Samuel Crafts to erect a Dam across the Passed March 19, 1813. 1. 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 Samuel Crafts, his heirs and assigns, to build and maintain a rolling dam across the Susquehannah river, about seven miles from the outlet of Lake Otsego, not exceeding eight feet in height from the bottom of the river. II. And be it further enacted, That the said Samuel Crafts, his heirs or assigns, shall make and keep in good repair, a good, sufficient and convenient lock through said dam, for boats to pass up and down the said river into and out of Lake Otsego, the said lock to be made and completed at such time and in such manner as shall be ordered and directed by the court of common pleas of the county of Otsego, and when so completed, the said lock shall be free for all boats to pass up and down the said river through the same without any charge or toll therefor, any law, usage or custom to the contrary notwithstanding: Provided always, That nothing in this act shall be so construed as to authorise the said Samuel Crafts, or his heirs or assigns, to obstruct the stream of the said river so as to cover any land with water, unless the consent of the owner or owners of such land is first had and obtained in writing: And provided further, That this act shall be and remain in force for the term of twenty-four years and no longer. THIRTY-SIXTH SESSION. CHAP. LXXII. An ACT for laying out and making a Road in the county of Passed March 20, 1813. Commiftion the road. 1. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Christopher Hurlbut ers to lay out of the county of Steuben, Moses Van Campen of the county of Allegany, and Jedediah Strong of the county of Cattaraugus, be and are hereby appointed commissioners for the purpose of laying out and making a road from the boundary line between the states of New-York and Pennsylvania, to commence at the Its route. termination in said line of the Pennsylvania road from Pine creek, and to extend thence to the village of Hamilton, in the county of Cattaraugus, thence to the outlet of the Chatauque lake at or near the intersection thereof by the said boundary line; and the superintendent of the Onondaga salt works is hereby required to pay to the said commissioners or their order, the sum of six thousand dollars out of any public money that may be in his hands as superintendent of the Onondaga salt works, and the receipt of the said commissioners shall be his voucher therefor: Provided however, That previous to paying said money, said commissioners shall give to the comptroller of this state sufficient security that they will faithfully expend and account for said money, and the certificate of said comptroller shall be considered by said superintendent as proof that said commissioners have complied with the requisites of this act. II. And be it further enacted, That each of the commission. Their com ers appointed by this act shall be entitled to two dollars and fifty pentation. cents per day for each day they may be respectively employed in the discharge of the duties imposed upon them by this act; and if one of them shall act as surveyor, he shall be entitled to fifty cents per day in addition, to be paid out of the aforesaid mo ney. road to be III. And be it further enacted, That the said commissioners Map of the shall cause to be made and filed in the clerk's office of the county led." of Allegany, an accurate map of the said road, with the courses and distances thereof, said map to be signed by said commissioners. IV. And be it further enacted, That if one of the above named commissioners do not serve, Tarball Whitney, of the county of Allegany is hereby appointed in his place. CHAP. LXXIII. An ACT in addition to an act entitled "an act to divide the Town Passed March 20, 1813. BE it enacted by the people of the state of New-York, retiresented in Senate and Assembly, That the annual town meetings in the town of Bloomfield aforesaid shall hereafter be held at the now dwelling house of Ashur Saxton, in said town, or in some of his buildings, near his said house, any law to the contrary notwithstanding, W. C. Bouck CHAP. LXXIV. An ACT to incorporate the Middleburgh Bridge Company. Passed March 20, 1813. I. BE it enacted by the people of the state of New-York, repreand others in sented in Senate and Assembly, That William C. Bouck, John corporated. Gebhard, Peter Swart, jun. Peter Shafer, jun. and Thomas P. Danforth, and their present and future associates, their successors and assigns, be and are hereby made and created a body Their ftyle, corporate and politic, by the name of "The President and Directors of the Middleburgh Bridge Company," for the purpose of building a bridge across the Schoharie creek, in the town of Middleburgh, at the place where the present bridge now stands, on the Schoharie turnpike road, and they are hereby ordained, constituted and declared to be for the term of twenty-five years, a body politic and corporate, in fact and in name, and by that name they and their successors shall and may hereafter have succession, and shall be persons 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 their pleasure; and also that they and their successors, by the same name and style, shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of the said corporation: Provided the real estate so to be holden shall be such only as shall be necessary to promote or attain the objects of this corporation. Proviso. Commis'rs and their du. Pies. Five direc tors to be chusen. II. And be it further enacted, That William C. Bouck and Thomas P. Danforth, be and are hereby appointed commissioners to do and perform the several duties hereafter mentioned: they shall on or before the first Monday in May next, procure two books and in each of them enter as follows: We whose names are hereunto subscribed, do for ourselves and legal representaLives respectively, promise to pay the president, directors and company of the Middleburgh bridge company, the sum of twenty dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportion, and at such time and place as shall be determined by the said president, directors and company; one of which books shall be left with each of the said commissioners, at their respective places of abode, who shall keep the same open for the purpose of receiving subscriptions, and every subscriber shall at the time of subscribing pay unto either of the said commissioners the sum of two dollars for each share so subscribed, and the said commissioners shall as soon as one hundred shares shall have been subscribed, cause advertisements to be affixed up in a conspicuous place in the barroom of at least three of the most public inns in the town of Middleburgh, giving at least ten days notice of the time and place that the said subscribers shall meet for the purpose of choosing five directors who shall be stockholders, for the purpose of managing the concerns of said company for one year, and the day of choosing their directors shall for ever thereafter be the anniversary day for choosing directors, and the majority of the said directors shall be a quorum, and be capable of transacting the business of said corporation, and every act of a majority of said directors so met shall be binding on said corporation; and the said directors elected by the plurality of the votes of the stockholders present, shall immediately proceed to the choice of one of their number for a president, and the said president and directors may meet from time to time at such time and place as they may find expedient and direct, and shall have power to make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this state or of the United Stats, as shall be necessary for the well ordering the affairs of said corporation. how to be re III. And be it further enacted, That the said president and di. Subfcriptions rectors may continue to receive subscriptions to the said stock of ceived. the said corporation until there shall be four hundred shares subscribed, and shall have power to fappoint such agents, clerks, workmen and others under them, as shall be necessary for executing the business of the said corporation. fhares. IV. And be it further enacted, That the number of shares or Number of subscriptions constituting, the stock or funds of the said corporation shall not exceed four hundred shares, and that the amount to be paid for each share or subscription shall be twenty dollars, and that each stockholder shall be entitled to one vote for each Votes. share to the number of ten, and one vote for every additional five shares which he or she shall have or hold in his or her name. erecting a ry near faid V. And be it further enacted, That it shall not be lawful for Penalty for any person or persons to erect any bridge or establish any ferry bridge or set. or ferries across the said river at any place within one half mile ting up a ferup and one mile down the said river from the said place where bridge. the bridge aforesaid shall be erected and built by the said company, neither shall it be lawful for any person or persons to cross the said river after the said bridge is completed within the distance above mentioned, without paying to the corporation for their use the toll established by law, but it shall and may be lawful for any person or persons to pass and repass with their own boat. 22 feet wide. two years. VI. And be it further enacted, That the said bridge shall be Bridge to be at least twenty-two feet wide, and shall be covered with plank not less than three inches thick, the sides of the bridge to be secured with good and substantial railings not less than four feet high. VII. And be it further enacted, That in case the aforesaid Company dif folved if the bridge shall not be erected, built and completed within two years bridge is imafter the one shall be carried away, or become impassable, which paffable for stands now on the Schoharie turnpike road, then and in that case the corporation created by this act shall be adjudged and considered as dissolved: Provided if the said bridge so erected by said company shall be carried away by the ice or otherwise destroyed, and be not rebuilt in two years after such bridge shall be so carried away by the ice or otherwise destroyed, that in such case the said corporation shall become dissolved. VIII. And be it further enacted, That as soon as the said Rates of toli. bridge shall be completed, and the judges of the court of common pleas of the county of Schoharie, or any three of them not interested therein, shall upon inspection certify under their hands that the said bridge is well and sufficiently completed and built conformable to this act, and will admit the passage of teams of bur K |
