Repeal. Suits where brought. other or different principle than is provided in the act hereby may have paid the same. §4. So much of the act so as aforesaid, passed April 12, 1848, as is inconsistent with this act, is hereby repealed. § 5. This act shall take effect immediately. Chap. 107. AN ACT to extend the remedies at law against foreign insurance companies. Passed March 15, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Section fifteen, article one, title four, chapter eight, part third, of the Revised Statutes, is hereby amended so as to read as folllows: § 15. Suits may be brought (in the supreme court, in the supeand how be rior court of the city of New-York, and in the court of common pleas in and for the city and county of New-York,) against any corporation, created by or under the laws of any other state, government, or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed or delivered, within this state, or upon any cause of action arising therein, such suits may be commenced by complaint and summons together with an attachment, as now provided by law, and such complaint and summons may be served as provided by sections one hundred and thirteen and one hundred and fourteen, of the code of procedure. Corporation created. § 2. This act shall take effect immediately. Chap. 108. AN ACT To incorporate the Buffalo water works company. Passed March 15, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. George Coit, Walter Joy, William A. Bird, Orlando Allen, Horatio Shumway, George R. Babcock, Isaac Sherman, Cyrenius C. Bristol, Oliver G. Steele, Thomas M. Foote, William Bucknell, Jr., Joseph Dart, Jr., Henry W. Rogers, William Coffin, Aaron D. Patchin, and all such persons as are or may hereafter be associated with them, are constituted a body corporate by the name of the Buffalo water works company. stock. § 2. The capital stock of said company shall be two hundred Capital thousand dollars, to be divided into shares of fifty dollars each, and the said company are hereby empowered to increase their capital stock at any time, not to exceed five hundred thousand dollars. to stock. Concerns, ow to be §3. Books of subscription for the capital stock of said corpor- Subs ription ation 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. § 4. The concerns of said corporation shall be managed by nine directors, who shall be stockholders, and who shall hold their managed. offices for one year and until others are chosen in their places. The directors shall be chosen annually on the first Monday of May, at such time of day an 1 place in said city, as the directors for the time being shall appoint. The first election shall be held on the first Wednesday of May, eighteen hundred and fifty. Three weeks notice of such election shall be given by a publication at least once in each week, in two newspapers published in said city. Each stockholder shall be entitled to one vote upon each share of stock held by him, or her, for at least twenty days previous to an election. Voting shall be by ballot, and may be in person or by proxy. secretary appointed. 5. The directors shall annually appoint a president, secretary President, and treasury, and such other officers as they shall deem necessary, and treaswho shall hold their offices until others are appointed in their urer to be places, and they may make and ordain such by-laws and regulations as they may deem necessary and proper for the management of their business, and for accomplishing the purposes of the corporation. stockholders. § 6. The directors may require payment of subscriptions to Calls on 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 published for four weeks previous to said time, at least once in each week, in two newspapers published in said city. tors. § 7. The persons named in the first section shall be the first First direcdirectors and shall hold their offices until the said first Wednesday of May, eighteen hundred and fifty, and until others are chosen in their places, and in case of vacancy in the direction, by reason of the death or resignation of any director, or of his ceasing to be a stockholder, it may be filled by the remaining directors until the next annual election, or until some other person shall be elected to fill the same. The directors herein named may appoint three persons, who shall be stockholders, to be inspectors at the first election, after which the stockholders shall choose three such inspectors at the annual elections. If no inspectors are chosen, the directors may appoint three from time to time. The directors may remove all officers appointed by them, and appoint others in Real estate chased and held, and water may be taken. may be laid canal. 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 another day in such manner as shall be prescribed by the directors or provided for by the bylaws. § 8. For the purpose of supplying the said city of Buffalo may be pur- with pure and wholesome water, the said company 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, fountains, wells, rivers or lakes, and divert and convey the same to the said city, and may lay and construct any pipes, conduits, aqueducts, wells, reservoirs and other works or machinery necessary or proper for said purpose, upon any lands so entered upon, purchased, taken or held: but the said company shall not take any water from Black Rock Water pipes harbor, or Big Buffalo creek, or Little Buffalo creek. Said coracross trie poration shall have the right, by and with the consent of the canal commissioner having in charge that division of the Erie Canal, to lay their water pipes across the Erie canal and the Black Rock harbor, and for that purpose may construct coffer dams across said canal and harbor, at any time when it will not obstruct the navigation of the same, or materially interfere with the milling privileges at Black Rock, and 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, wells, rivers or lakes, and lay and construct any pipes, conduits 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 were before said entry, but the said company shall not within the bounds of the city of Buffalo or village of Black Rock, lay and construct said pipes, conduits, aqueducts and other works through any private garden, court yard or building lot. Surveys and made of lands intended to be used. map 9. Before entering, taking or using any land for the purposes maps to be of this act, the directors of this company shall cause a survey and to be made of the lands intended to be taken or entered upon for any of said purposes, and by which the land of such 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 Erie. 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. Provision in case of dis with the § 10. In case the said company cannot agree with the said agreements owners and occupants of any lands or water, intended to be taken owners or or used as aforesaid for the purchase thereof, the directors may occupants of lands or wa. apply to the supreme court, at any term or session thereof, held ter. in the eighth 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 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, thereupon serving notice in like manner upon his guardian or person appointed to act for him as hereinafter directed; and in case any of said owners cannot be found in this state, such notice shall be given them by publishing the same for six weeks successively in two newspapers published in said city, 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 commissioner may issue subpoenas to compel the attendance of witnesses to testify before them, and they or any one of them may administer the usual oaths 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 any other person, and return the same to the said court to be filed of record. 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, and if not sworn and testifying who the commissioners shall certify were properly and necessarily subpoenaed, the sum of one dollar per day, and four cents per mile travel in going and returning, if living more than three miles from the place of meeting. The within ten § 11 The said company, or any party to the proceedings of Appeal may the commissioners may appeal from any award or determination be made of the commissioners, provided the party appealing shall, within days. ten days after any such award or determination shall be made, give notice in writing, of the appeal to the other party or parties interested in the same, and the said court shall, upon the report of the commissioners and upon additional testimony to be taken by them, if they deem the same to be necessary, proceed to hear the said appeals, and may confirm the proceedings of the commissioners, or may increase or diminish the amount of compensation, awarded by the said commissioners, and if their proceedings in any case have been irregular, the court may set the same aside and order new proceedings and appraisement, and the said court may make such orders in reference to the proceedings of the possession of commissioners, and of the 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. Lands when § 12. Upon the payment or legal tender of the compensation to be taken awarded by the said commissioners, or, (in case of an appeal) by the said court, 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 deposite, signed by the cashier of the bank, shall be published by said company in two newspapers published in said city, for four weeks successively immediately after said deposite. If the person to whom compensation is awarded, or who is entitled to receive the same as aforesaid, be under legal disability as aforesaid, payment may be made to his guardian, or person appointed as aforesaid by the said court, and if said guardian or person appointed cannot be found, then by deposit in bank as aforesaid. And be held § 13. The said company shall also take and hold, for the purby the com- poses contemplated by this act, all the lands, waters and real estate which they shall in any way legally enter upon and take by virtue hereof, to them, and their successors forever. pany. Provision re laying of pipes &c. § 14. In laying pipes, conduits, or aqueducts, or constructing or specting the erecting works in the streets, lanes, or public squares of the city of Buffalo, or village of Black Rock, the company shall conform to such regulations as the common council of the said city of Buffalo, and the president and board of trustees of said village of Black Rock shall prescribe. Rules and may be made. § 15. The said directors of said company may establish rules regulations and regulations for and concerning the conduct of all such persons as shall use the water from their works, so far as respects the preservation and use, and restraining the waste thereof, and may thereby impose penalties and forfeitures for any violation of said rules and regulations, so that such penalty and forfeitures shall not in any case exceed ten dollars, which penalties may be recov ered with the costs in the name of the company, before any justice of the peace of said city; said rules and regulations shall be published for three weeks successively in two newspapers published in said city, and a copy of said rules and regulations certified by the president or secretary of said company, with affidavits of the publication of the same, made by any one of the publishers of said papers, or by a foreman in their offices, shall be received as evidence in all courts and places. Water to extinguish fires § 16. The said company shall furnish water to the city of Bufin Buffalo. falo for the purpose of extinguishing fires, upon such terms as may be agreed upon between them and the common council of |