a stockholder of said company, but the person pledging said stock lative to time § 24. No stockholder shall be personally liable for the payment Provision reof any debt contracted by said company, which is not to be paid of paying within one year from the time the debt is contracted, nor unless a debts. suit for the collection of said debt shall be brought against said company within one year after the debt shall have become due, and no suit shall be brought against any stockholder who shall cease to be a stockholder in said company for any debt so contracted unless the same shall be commenced within two years from the time he shall have ceased to be a stockholder in such company, nor shall any suit be brought against any stockholder until an execution against the company shall be returned unsatisfied in whole or in part. § 25. In case said campany shall not go on and furnish a sufficient supply of water for the use of said village as provided for in the sixteenth section, within two years from the passage of this act, and continue to furnish a sufficient supply, the trustees of said village may give two years written notice to said company to furnish the same, or that application will be made to the supreme court for the appointment of three commissioners as provided in the tenth section of this act, and in case said company shall continue to neglect to furnish said supply until the expiration of said notice, then the property of said company shall be appraised in the manner provided in said tenth section, and upon the payment by said trustees to said company, of the sum so determined, then the said trustees in behalf of the corporation of said village shall become the owners of said property so appraised, and paid for, and be possessed of all the powers given by this act to the said company. § 26. This act shall take effect immediately. 38 Time limited Corporation created. General powers. Literature fund. Saving clause. Chap. 427. AN ACT to incorporate a seminary of education, under the the name of the Academy of the Sacred Heart. Passed April 11, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Jesse A. Auchinbaugh, of the city of Rochester, in the county of Monroe, is hereby declared and constituted a corporation, with succession by his executors or trustees, to be duly appointed by his last will and testament, by the name and style of the Academy of the Sacred Heart, to be located in the city of Rochester aforesaid, for the purpose of establishing, maintaining and conducting a seminary of education. § 2. The corporation hereby created shall possess the powers and be subject to the provisions contained in the fourth article of the first title of the fifteenth chapter, and the third title of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable, and so far as is consistent with the present constitution. §3. The said corporation shall be entitled to the share of the literature fund, or the income thereof, whenever it shall have complied with the fiscal and other requisite conditions which would authorize the regents of the university to incorporate an academy, and shall enjoy such share so long as it shall, in all respects and at all times, comply with such conditions. § 4. Nothing herein contained shall be construed to exempt the said A. Auchinbaugh and such executors or trustees from legal liability for contracts made or to be made by him or them, concerning the said institution; and he or they shall be legally liable for the debts of said corporation, to the same extent and in the same manner as if they acted in their individual capacity; but the real and personal estate actually belonging to the said institution and devoted to and used exclusively thereby, shall stand on the said ground, as to taxation, as if it belonged to any ordinary academical incorporation. § 5. This act shall take effect immediately. Chap. 428. AN ACT to amend an act entitled "An act to incorporate the members of the New-York Institution for the instruction of the deaf and dumb," passed April 15, 1817. Passed April 11, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: grants. § 1. There shall be added to the act entitled "An act to incor- Gifts and porate the members of the New-York Institution for the instruction of the deaf and dumb," passed April 15, 1817, the following section: § 7. It shall be lawful for the said institution to take and receive by gift, grant or devise, real and personal estate, or the proceeds thereof, to be used and applied for the purposes of said institution. Chap. 429. AN ACT to authorize the further enlargement of the opening in the Albany pier, between the State and Columbia-street bridges. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: be enlarged. § 1. The mayor, aldermen and commonalty of the city of Al- Opening to bany, are hereby authorized, if they shall see fit, to cause the opening from Hudson river into the Albany basin, heretofore made in pursuance of chapter one hundred and thirty-nine of the laws of one thousand eight hundred and thirty-six, and chapter one hundred and thirteen of the laws of one thousand eight hundred anh forty-one, to be enlarged and extended sixty-six feet on the northerly side of said opening, by taking therefor pier lots numbers eighty-seven and eighty-eight, or thirty-three feet on each side of said opening by taking one lot of thirty-three feet in width on each side thereof as they shall elect and shall also cause a side walk, path or passage way of at least the width of four feet, on the Albany pier, across the same, on each side of said enlarged opening to be constructed and kept open, as was required by said last named act: and the dock or wharf on each side of said opening and adjoining said passage way, after the same shall have been constructed under this act, shall forever thereafter be kept in repair and maintained in good order and condition by the said mayor, aldermen and commonalty. praisers to § 2. It shall be the duty of the mayor's court of the said city Three apon the application of the said mayor, aldermen and commonalty, be appointed. to be made within ninety days after this law shall take effect, to port. appoint three disinterested and competent freeholders, not residents of said city, who, or a majority of them if they cannot all agree, shall ascertain and appraise the value of each of the lots so to be taken for the enlargement) of the said opening, and certify the same within thirty days after their appointment to said To file a re- court, and file their report and certificate in the office of the clerk of the said court, and the said court shall pass upon the said report, and may confirm or reject the same or send the same back to the said commissioners for further action, as often as may be necessary; and when the report of the commissioners shall have been confirmed, the amount awarded for each of said lots so taken shall be paid by the said mayor, aldermen and commonalty, under the order and direction of the said court after proof as to title and incumbrances to the parties entitled thereto, or shall be deposited to their credit in such bank, in the city of Albany, and such notice thereof be given to them, as the said court shall direct, and when the said enlargement shall have been fully completed, the said commissioners, whose report shall so have been confirmed as aforesaid, or a majority of them, if they cannot all agree, shall without delay ascertain and determine all damages that shall have been sustained by the owner or owners of any property in any manner injured in its value by the improvement directed by this act, and ascertain the whole just and proper expense of such improvement except the value of said lot number eighty-eight which it is understood is to be given for the purposes of the said opening by the owner or owners thereof without charge including the fees of the said commissioners, at the rate of three dollars for each and every day not exceeding fifteen days in all they may be engaged in their duties to be taxed and certified by the recorder or mayor of the said city, one half part of which amount shall be paid by the said mayor, aldermen and commonalty and the other half part thereof shall be assessed and apportioned by the said commissioners upon all the separate lots and parcels of real estate benefited by the said improvement, wheresoever situated in proportion to the advantages which each shall be deemed to have acquired, not exceeding the actual extent of such benefit or advantage. The said commissioners shall make a when to be full report to the said mayor's court of the said assessment and apportionment, and the report when completed, shall be presented to the said court and filed with the clerk thereof, and the said court shall proceed upon the same and have the same powers in regard thereto, as are hereinbefore conferred with regard to the first report of the said commissioners; and on the final confirmation of the said report the amounts assessed shall be and remain a lien upon the several lots mentioned in said report until payment thereof, and the said mayor, aldermen and commonalty shall have the same right to sell any lot, the assessment on which shall remain unpaid for thirty days after the confirmation thereof, that they now have to sell any lot, the assessment on which for opening or widening any street in said city remains unpaid and the Full report made. like proceedings shall be had on such sale and to perfect the same in all respects, and all the provisions of law applicable to or authorizing any such sale and declaring the effect thereof shall be and are hereby declared to apply to any sale hereby authorized. No report of the said commissioners shall be confirmed by said court until at least ten days notice of the time of presenting the same shall have been given in two of the public newspapers published in said city, and the amounts awarded to any person or persons by the second report so to be made by the said commissioners shall be paid to him or them by the said mayor, aldermen and commonalty within thirty days of the confirmation of the said report. how filled 83. Any vacancies occurring in any board of commissioners Vacancies appointed under this act by death, resignation, refusal to act, or otherwise, shall be filled by said court. The said commissioners shall severally take the constitutional oath of office before proceeding to the discharge of their duties. act of 1841 to § 4. All the provisions of the seventh and eighth sections of Provisions of said chapter one hundred and thirteen of the laws of eighteen apply. hundred and forty-one, shall extend and apply to the said opening as hereby authorized to be enlarged as well as to the said original opening as it now exists, in the same manner as if they were herein contained, except that the commissioners referred to in the said seventh section shall be appointed by the said mayors' court and shall make their report to said court who shall pass upon the same in like manner in all respects and with the like effect as hereinbefore provided with regard to the commissioners hereinbefore authorized to be appointed, and payment of the assessments made by said commissioners may be enforced by sale of the lots assessed in the same manner as hereinbefore provided in that respect; the provisions of the thirteenth section of the said act shall also apply to any assessment and apportionment that may be made under this act. § 5. This act shall take effect immediately. Chap. 430. AN ACT making appropriations for the support of government for the fiscal year commencing October 1st, 1849. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The following sums, or so much thereof as may by authoAppropriarized by law, are hereby appropriated to the objects hereinafter tions. expressed, for the fiscal year commencing on the first day October, one thousand eight hundred and forty-nine, and ending on |