bank shall have been located, stating that all circulating notes issued by such association or bank, are required to be presented to the comptroller for payment within two years from the date of such notice, and on giving a bond with three or more sureties, which bond shall be satisfactory to the comptroller, conditioned for the prompt redemption whenever presented within six years from its date of all outstanding notes of such association or individual banker, shall then be entitled to receive from the comptroller all other securities which he may hold for the payment of any unredeemed notes of the said association or bank. Chap. 69, AN ACT to authorize the Buffalo Water Works Company to convey certain lands in the county of Erie. Passed March 29, 1851. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Land to be §1. The Buffalo Water Works Company is hereby auConveyed. thorized and empowered to sell and dispose of a certain lot or parcel of land, situated in the county of Erie, known and distinguished as being the south and middle thirds of block number one hundred and eighty-four, in the south village of Black Rock, as the same is laid down on a map of said village on file in the office of the secretary of state, which land has been heretofore entered upon, taken and appropriated by said company by virtue of the power and authority contained in, and in pursuance of the provisions of sections eight, nine, ten, eleven and twelve of chapter one hundred and eight of the laws of 1849, being an act entitled "An act to incorporate the Buffalo Water Works Company." And the said company is hereby authorized and empowered, by a good and sufficient deed, to be executed under the corporate seal and the hands of the president and secretary thereof, to convey said land to such person or persons, and for such consideration as a majority of the board of directors of said company, at any meeting thereof, shall determine; and said deed, when so executed, shall be effectual to vest in the grantee named therein, and to whom the same shall be delivered, all the title and interests of the said company in and to the said land. 2. This act shall take effect immediately. Chap. 70. AN ACT to incorporate the Frankfort Waterworks Company. Passed March 29, 1851, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. William T. Sheldon, William R. Stevens, Erastus Tide. Wollcutt, Daniel Mason and Ely T. Marsh, and all such persons as are or may hereafter be associated with them, are constituted a body corporate, by the name of the Frankfort Waterworks Company. stock. tion. §2. The capital stock of said company shall be fixed by Capital the directors thereof, but the same shall not be less than' one thousand dollars, nor exceed the sum of three thousand dollars, to be divided into shares of ten dollars each. Books of §3. Books of subscription for the capital stock of said subscripcorporation shall be opened under the direction of the directors hereinafter named, subject to such rules and regulations as they shall prescribe, and the stock shall be considered personal property, and shall be assignable and transferable on the books of the company. How cho § 4. The concerns of said corporation shall be managed Directors. by five directors, who shall be stockholders and residents of the village of Frankfort, and who shall hold their offices for one year and until others are chosen in their places. The directors shall be chosen annually on the first Mon- sen. day of January, at such time of day and place in said village as the directors for the time being shall appoint. The first election shall be held on the first Monday of First eleMay, eighteen hundred and fifty-one. Three weeks' notice of such election shall be given by posting up three or more notices in the most public places in said village. Each stockholder shall be entitled to one vote upon each share of stock held by him or her, for at least ten days previous to an election. Voting shall be by ballot, and may be in person or by proxy. tion. 5. The directors shall annually appoint a president, officers. secretary and treasurer, and such other officers as they shall deem necessary, who shall hold their offices until others are appointed in their places; and they may make and ordain such by-laws and regulations as they may deem By-laws. necessary and proper for the management of their business, and for accomplishing the purposes of the corpora Payment of sub §6. The directors may require payment of subscriptions scription. to the stock at such times and in such proportions as they may see fit, under the penalty of forfeiting all stock and previous payments thereon, and may sue for and recover all such subscriptions. Notice of the time and place of said payments shall be posted for four weeks previous to said time. Directors, term of office of. § 7. The persons named in the first section shall be the first directors, and shall hold their offices until the said first Monday of May, eighteen hundred and fifty-one, and until others are chosen in their places; and in case of vacancy in the direction, by reason of the death, resignation or removal from the village of Frankfort of any director, or of his ceasing to be a stockholder, it may be filled by the remaining directors until the next annual Inspectors election. The directors herein named may appoint three of election. persons, who shall be stockholders, to be inspectors at the Vacacies first election; after which, the stockholders shall choose three such inspectors at the annual election. If no inspectors are chosen, the directors may appoint them from time to time. The directors may remove all officers aphow filled. pointed by them and appoint others in their places, and fill all vacancies in the offices. If at any time an election of directors shall not take place on the day appointed by this act, the corporation shall not for that cause be dissolved, but an election may be held on any other day, in such manner as shall be prescribed by the directors, or provided for by the by-laws. to be pur Property to be held. § 8. For the purpose of supplying the said village of Real estate Frankfort with pure and wholesome water, the said comchased. pany may purchase, take and hold any real estate, and by their directors, agents, servants or other persons employed, may enter upon the lands of any person or persons which may be necessary for said purpose, and may take the water from any springs, ponds, fountains or streams, and divert and convey the same to said village; and may lay and construct any pipes, conduits, aqueducts, wells, reservoirs or other works or machinery necessary or proper for said purpose, upon any lands so entered upon, purchased, taken or held. Said corporation may, as aforesaid, enter upon any lands, streets, highways, roads, lanes or public squares through which they may deem it proper to convey the water from said springs, fountains, ponds, streams, wells and reservoirs, and lay and construct any pipes, conduits, aqueducts or other works for that purpose, leaving the said lands, streets, highways, roads, lanes and public squares in the same condition, as nearly as may be, as they Right of way. were before said entry; but the said company shall not, within the bounds of the village of Frankfort, lay and construct said pipes, conduits, aqueducts and other works through any private garden, court-yard or building lot. survey of § 9. Before entering, taking, or using any land for the Map and purposes of this act, the directors of this company shall route. cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes and by which the land of each owner or occupant intended to be taken or used shall be designated and which map shall be signed by the surveyor or engineer making the same and by the president of said company and be filed in the office of the clerk of the county of Herkimer. The company by any two of its officers, agents, or servants may enter upon any lands for the purpose of making any examination and of making said survey and map, doing no unnecessary damage. to real es tate how ascertained. hearing. 10. In case the said company cannot agree with the Damages said ow ners and occupants of any lands or water intended to be taken or used as aforesaid for the purchase thereof, a the directors may apply to the supreme court at any general or special session thereof, held in the fifth judicial district for the appointment of three commissioners by whom the compensation to be paid for the damages suffered or to be suffered by any person or persons by reason of taking said lands and water and constructing any of the works of said company shall be ascertained and determined, and in case of the death, resignation, refusal or disability to act of any of said commissioners, the said court may appoint others in their places. The commissioners Notice of shall cause a notice of at least twenty days, of the time and place of their meeting, to be served upon such of the owners of said land and water as can be found in this state, which may be served personally, or in their absence from their dwellings or places of business, by leaving the same thereat, with some person of suitable age, and in case of any legal disability of such owner to act, then upon serving notice in like manner upon his guardian or person appointed to act for him as hereinaf ter directed, and in case any of said owners cannot be found in this state, such notice shall be given to them by publishing the same for six weeks successively in two newspapers published in said county, and if any of said owners shall be married women, insane, infants or idiots, the said court shall appoint some suitable person to attend in their behalf before said commissioners and take care of their interests in the premises. The commissioners may issue tion. Subpoenas subpoenas to compel the attendance of witnesses to testify before them and they or any of them may administer the usual oath to such witnesses. They shall make a written report of all their proceedings containing the testimony taken by them and showing the sum awarded to each owner or other person, and return the same to said court to be Compensa- filed of record. The company shall pay to each commissioner the sum of three dollars per day for every day necessarily spent by him in the performance of his duties under this act, and to each witness sworn and testifying or if not sworn and testifying, who the commissioners shall certify were properly and necessarily subpoenaed, the sum of fifty cents per day and four cents per mile travel in going and returning if living more than three miles from the place of meeting. Appeal from decision of sioners. Effect of nal award § 11. The said company or any party to the proceedings of the commissioners may appeal from any award or determination of the commissioners provided the party appealing shall within ten days after any such award or determination shall be made, give notice of the appeal to the other party or parties interested in the same, and the said court shall upon the report of the commissioners, proceed to hear the said appeal and may confirm the proceedings of the commissioners or set the same aside and order a new appraisement by the same or other commissioners to be appointed by the court; and the said court may make such orders in reference to the proceedings of the commissioners and of notices to be given to parties as may not be inconsistent with this act, and as the nature of the case and the interest of the parties may require. § 12. Upon the payment or legal tender of the compensation finally awarded, as aforesaid, the said company shall be entitled to enter upon for the purpose contemplated by this act, all the lands, waters and real estate for which said compensation shall be paid or tendered as aforesaid, and to hold and use the same for the said purposes to them and their successors forever. If any person to whom any compensation shall be awarded or who shall be entitled to the same by virtue of said award cannot be found or shall refuse to receive the sum awarded to him, then the said payment may be made by depositing the amount of said award to the credit of said person in such bank as may be appointed by said court, a certificate of such deposit signed by the cashier of the bank shall be published by said company in two newspapers published in said county for four weeks successively immediately after said deposit. If the person to whom compensation is awarded |