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subject to assessment, and make the said assessment fairly thereup on in writing, and shall ascertain and describe the parcels of land so assessed as accurately as may be, which said assessment so to be made in writing as aforesaid, shall be filed in the office of the comptroller of this state; and it shall thereupon be the duty of the comptroller to give notice in the newspaper published by the printer to this state, and in one newspaper printed in the county of Oneida, for three successive weeks, that he the said comptroller has received the assessments of a tax made agreeably to this act; and unless the said tax be paid within six months from the date of the said advertisement, it shall then be the duty of the said comptroller to give no- ler's duty. tice in the newspapers aforesaid, describing particularly all the land or parcels of land on which the said tax shall remain unpaid, that the same will be sold at public sale by the said comptroller, in the city of Albany, to the highest bidder, or so much thereof as may be necessary to raise the amounts of the sum so assessed and remaining unpaid, together with all the expences of advertising, selling and conveying the same, on such day as he shall fix, not exceeding three months nor less than two months from the date of the advertisement ; "and the said comptroller shall be, and hereby is authorised to execute a conveyance to the purchasers of the land so sold, which shall vest the absolute title thereof, in fee simple, in the purchaser Provided the owner of such land so sold and con- Proviso. veyed by the said comptroller, shall not within two years after the said sale, pay to the said comptroller, for the benefit of such purchaser, the sum paid for the same, with interest at the rate of fourteen per centum per annum, and the monies so received by the said comptroller shall be paid by him to the said commissioners for the purpose of making the road aforesaid: Previded however, That previous to the receiving of the said sums of money, the said commissioners shall enter into a bond, with such security and in such sum as shall be approved by the said comptroller, with whom the same shall be filed, with condition that they will faithfully expend and account for the said sum of money according to the true intent and meaning of this act; and the certificate of the said comptroller shall be deemed and considered as proof of the said commissioners' having complied with the requisites of this act.

Provise.

Pay of the commission

VI. And be it further enacted, That each of the commissioners appointed by this act, shall be entitled to receive out of the monies to be paid to them, two dollars and fifty cents for each and every ers. day's service in which they shall be employed in exploring, marking and laying out the said road, or in making the said assessment required by this act, or in expending the said monies on said road, together with the wages and necessary expences of such persons as they shall necessarily employ to assist them in executing the duties enjoined by this act.

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An ACT to extend the act entitled "An act to incorporate the
Phoenix Insurance Company of New-York."

Passed April 18, 1815.

1. Be it enacted by the people of the state of New-York, represented in Senate und Assembly, That the act entitled "An act to incorporate the Phoenix insurance company of New-York," passed the 20th day of February, one thousand eight hundred and seven, shall be and hereby is continued in force for twenty-one years from and after the time of its present limitation, and no longer; and that the act entitled "An act to amend an act entitled an act to incorporate the Phoenix Insurance Company of New-York" passed the 25th day of March, one thousand eight hundred and fourteen, be, and hereby is repealed: Provided, That all insurances and other contracts made by the said company under the last mentioned act shall be as valid and effectual as if this present act had not been passed; and all the present funds of the said company shall remain liable therefor.

II. And be it further enacted, That all premiums for insurance of property against fire which may have been made by the said company since the 25th day of March, one thousand eight hundred and fourteen, shall, upon due application, and surrendering the policies upon which the same was paid, be returned, after deducting such sum for the time that the risk has been rum as the same bears to the whole time for which said property was insured.

CHAP. CCXLVIII.

An 4CT to incorporate the Fulton Steam Boat Company.

Passed April 18, 1815.

WHEREAS Josiah Ogden Hoffman, Cadwallader D. Colden and William Cutting, in behalf of themselves and their associates, have represented that they, the said Josiah Ogden Hoffman, CadwallaPreamble. de D. Colden and William Cutting did purchase of the late Robert R. Livingston and Robert Fulton, a right to the exclusive navigation of the waters of the East river or Sound, or some part thereof, by the means of steain or fire, and also a right to the exclusive use in such navigation of the inventions of the said Robert R. Livingston and Robert Fulton, or either of them; and that the said Josiah Ogden Hoffman, Cadwallader D. Colden and William Cutting, and their associates, are now possessed of the said exclusive rights; and that they have at a great expence, constructed and fitted a steam boat called the Fulton, which is now employed in the navigation of the said waters. And whereas the said petitioners have also represented, that the affairs of the said petitioners and their associates can be better conducted under an incorporation, and therefore praying that an act may be passed incorporating the said petitioners and their associates and successors. And whereas the legislature is disposed to encourage an enterprize which has been

attended with so much hazard and expence, and which may be of great utility and benefit to the public: Therefore,

Company in

1. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the said Josiah Ogden corporated. Hoffman, Cadwallader D. Colden and William Cutting, and their associates, and all persons who now are or hereafter may be holders of the stock hereinafter mentioned, are hereby declared to be a body corporate, by the name of "The Fulton steam boat compa- Style, &c. ny," so to remain and continue until the eleventh day of April, in the year one thousand eight hundred and thirty-eight.

II. And be it further enacted, That the capital stock of the said company shall not exceed the sum of two hundred and fifty thousand dollars, to be divided into shares of five hundred dollars each, of which shares the present stockholders or associates shall have a number equal to the interest which they respectively hold, or may from time to time hold in the actual capital or stock of the said petitioners and their associates, employed in the said steam boat and navigation.

Stoek.

Directors

First direc

III. And be it further enacted, That the affairs of the said corporation shall be conducted and managed by not less than three nor more than five directors, who shall be annually chosen after the first day of May, one thousand eight hundred and sixteen, on the first day of May in every year, by the stockholders, which election shall be by ballot, and each stockholder in such election shall be entitled to one vote for each share he owns at the time of such election; that until the first day of May, one thousand eight hundred and sixteen, the said Josiah Ogden Hoffman, Cadwallader D. Colden, William tors. Cutting and John Mott shall be the directors of the said corporation, and shall continue to be directors until others shall be duly elected. IV. And be it further enacted, That the directors aforesaid, and those who may from time to time be elected, shall as soon as may be after their election, appoint one of their number to be pre- President to sident; and shall have power to make such by-laws, not inconsist- be chosen & ent with the laws of this state or of the United States, and to ap- made. point such officers, agents, clerks and servants as may be necessary for transferring the stock of the said corporation, and the better ordering, regulating and conducting the affairs of the said corporation and the election of directors; and if an election of directors should not be made when pursuant to this act the same ought to be made, the directors for the time being shall continue to be directors until others be elected.

by-laws to be

V. And be it further enacted, That nothing herein contained shall be taken to authorise the said corporation to employ any part Restrictions. of their capital for banking purposes, or for any other object than for those connected with the navigation herein before mentioned.

CHAP. CCXLIX.

An ACT authorising the President, Directors and Company of
the Bank of Newburgh to establish an Office of Discount and
Deposit in the village of Ithaca, in the county of Seneca.
Passed April 18, 1815.

WHEREAS sundry inhabitants of the village of Ithaca, in the county of Seneca, have prayed that a branch of the said bank might

be established in the said village of Ithaca, in the county of Seneca: Therefore,

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 the president, directors and company of the bank of Newburgh to establish an office of discount and deposit at the village of Ithaca, in the county of Seneca, under such rules and regulations as are or may be practised at the said bank, and to commit the management of the said office of discount and deposit to such persons as they may deem proper, and under such rules and regulations as may be prescribed by the said president, directors and company of the bank of Newburgh, not being contrary to the constitution or laws of this state or of the United States: Provided always, That all bills or notes issued by the said office of discount and deposit, whether the same be made by or under the authority of the president and directors thereof, or originally issued by the said bank of Newburgh, and re-issued or paid out at the said office of discount and deposit, shall be redeemable on demand at the said office of discount and deposit, in the same manner as the notes and bills of other banks are redeemable by the respective banks issuing the same; and for the purpose of designating and distinguishing such bills or notes of the said bank of Newburgh as shall be re-issued or paid out at the said office of discount and deposit at Ithaca, it shall be the duty of the president or cashier of the said office of discount and deposit to indorse or countersign the same previous to the re-issuing thereof, under the penalty for each offence, of the nominal amount of each bill or note so re-issued or paid out, and omited to be indorsed or countersigned as aforesaid, to be recovered by action of debt in any court having cognizance thereof, in the name and to the use of any person who will sue for the same to effect.

CHAP. CCL.

An ACT relative to the qualifications of jurors in the counties of Niagara, Genesee, Chaniauque, Allegany, St. Lawrence, Jefferson, Lewis and Franklin.

Passed April 18, 1815.

WHEREAS, it is represented and appears to the legislature, that divers inhabitants of the counties of Niagara, Genesee, Chautauque, Allegany, St. Lawrence, Jefferson, Lewis and Franklin, otherPreamble. wise qualified to serve as jurors, have not yet obtained an estate in fee in the lands possessed by them, but hold the same under articles of agreement or contract, and that thereby all the important duties of jurors fall entirely on and become extremely burthensome to a few individuals of the said counties: For remedy whereof, I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That in addition to those persons qualified sons qualified to serve as jurors by any previous existing law of this state, all free male inhabitants of the said counties of Niagara, Genesce, Chautauque, Allegany, St. Lawrence, Jefferson, Lewis and Franklin, who are in possession of lands under a contract for

Certain per

to serve as Jurors.

the purchase of the same, and are worth the sum of one hundred and fifty dollars in personal property, or have made improvements on such lands to that amount, free from all reprizes, debts, demands or incumbrances whatsoever, shall be good and sufficient jurors in all the courts to be holden in the said counties of Niagara, Genesee, Chautauque, Allegany, St. Lawrence, Jefferson, Lewis and Franklin; and in lieu of the words directed by law to be inserted in the jury process or venire, it shall be lawful to insert general words, comporting with the qualifications described in this act, so far as regards an estate in fee, any thing in any former law contained to the contrary notwithstanding.

Duties of cer

II. And be it further enacted, That all the duties required to be performed by the clerks of counties, and by the supervisors, town clerks and assessors of the several towns in this state by the tain officers. 13th section of the act entitled "An act for regulating trials of issues, and for returning able and sufficient jurors," relative to persons qualified to serve as jurors, shall be performed by the clerks of counties, supervisors, town clerks and assessors in the several counties mentioned in the first section of this act, relative to all such persons as are by this act qualified to serve as jurors in those counties.

CHAP. CCLI.

An ACT relative to the village of Oneida Castleton, and for other purposes.

Passed April 18, 1815.

WHEREAS the surveyor-general has, pursuant to the directions of the legislature, reported a plan of a village, located on the east side of the Oneida creek, called the Oneida Castle, and it is requisite that the future disposition thereof be directed by law: Therefore,

Preamble

village.

Lots in how

1. Be it enacted by the people of the state of New-York, represented in Senate and assembly, That the said village shall Name of the be called and known by the name of Oneida Castleton, and that the commissioners of the land office shall, from time to time, direct the surveyor-general to sell so many of the lots laid out, or to be laid out in said village, as they shall deem best for the interest of the to be sold. state, according to the plan reported as aforesaid, or with such alterations as they may judge proper to direct without essentially varying the same, that such sales shall be at public auction, after notice thereof for eight weeks successively given in the newspaper published by the printer to this state, in one newspaper published in the city of New-York, and in the newspapers published in the city of Albany and the county of Oneida, that the commissioners of the land office shall affix the minimum prices to the said lots at which the same may be sold, and if any of them shall have been put up for sale at auction, and no bid at or above the minimum price shall be received, the said commissioners may either direct such lots to be sold at such minimum prices, to the first applicants,

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