article or articles, material or materials, and which shall be ɛeknowledged by the person giving the same, before the mayor or one of the aldermen of the said city, or before a master in chancery, or one of the judges of the court of common pleas; and which said acknowledgment shall be taken without fee or rebe prima fa- ward, and shall be prima facie evidence in favor of the person or thereof, &c. persons claiming the same by virtue of a loan as aforesaid. And then to cie evidence [Note.-The benevolent objects of this act are sufficiently explained in the re cital. It is perhaps to be regretted, that this provision had not been extended throughout the state.] Time for rebuilding bridge ex tended. S-Pratt and E. Leech may keep a ferry in the interim. CHAP. CXLII. An ACT extending the time for rebuilding the bridge across Buffa lo Creek, and for other purposes. Passed April 15, 1814. 1. Be it enacted by the People of the state of New-York, repre sented in Senate and Assembly, That the time allowed to Samuel Pratt and Elijah Leech, assignees of Samuel Pratt, for rebuilding the bridge across Buffalo Creek, where the old bridge built by Samuel Pratt was erected, shall be until the first day of November, one thousand eight hundred and fifteen, any thing in the fifth section of the act authorising Samuel Pratt to erect a bridge over the Buffalo Creek to the contrary notwithstanding. II. And be it further enacted, That the said Samuel Pratt and Elijah Leech shall have the right of keeping a ferry where the said bridge was erected, until the same shall be rebuilt, and shalf exact and receive the same rates of toll for ferrying as is allowed by the act authorising the building of said bridge. [Note. By an act of March 29, 1811-Sess. 34. ch. 77. Samuel Platt was autho rized to build a toll-bridge over Buffalo Creek, which after eighteen years, is declared to be the property of the state-Two years was by that act allowed for the completion of the bridge-if destroyed, it was to be rebuilt in twelve months after its destruction. That event having happened, the present act is passed for extending the time and for allowing a ferry in the interim.-The bridge in question continued the communication from the village of New-Amsterdam to the mouth of Cattaraugus Creek.] Part of CHAP. CXLIII. An ACT to set off a part of the town of Brunswick, in the county of Passed April 15, 1814. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of May next, all that part of the town of Brunswick, in the county of Rensselaer, being and lying west of a line running as follows, viz: Beginning at a point in the north line of Greenbush, directly south of the south-east corner of the lot owned and occupied by the Troy wool and cotton factory, and running due north to the public highway leading from Troy to the white meetinghouse in Greenbush; thence westerly along the north side of the said highway to the east line of the farm of Lemuel Hawley; thence, including the farm of said Hawley, and the farm of Stephen Van Rensselaer, occupied by John Bulsan, and the farm of John Bordman to the Poesten Kill; thence northerly, crossing the said kill on the line dividing the farm of John D. Dickinson, from the farm of the said Stephen Van Rensselaer, occupied by Ephraim Morgan and the farm of George Tibbits, to the northeast corner of the farm of the said George Tibbits; thence westerly along the north line of the said last mentioned farm, to the east line of the town of Troy, shall be, and hereby is annexed to the town of Troy. i [Note. The convenience of the inhabitants of the territory in question was consulted in its annexation to the town of Troy.] CHAP. CXLIV. An ACT to incorporate the Rensselaer and Saratoga Insurance Company. Passed April 15, 1814. WHEREAS Albert Pawling and others have associated them- Recital. selves as a company for the purpose of carrying on the business of insuring against loss by fire, against loss upon the inland transportation of goods, wares and merchandize, and on lives, have by their petition prayed to be incorporated: Therefore, created and I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Albert Pawling, Derick Corporation Lane, Elias Parmelee, Ebenezer W. Walbridge, Ira Scott, John general powHouse and their associates, and all such other persons as shall ers. hereafter become stockholders in the said company, shall be and hereby are declared and constituted to be a body corporate and politic in fact, and in name, by the name of "The Rensselaer and Saratoga Insurance Company," and by that name, they and their successors shall and may have continual succession, and shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes, whatsoever; And, that they and their successors may have a common seal, and may change and alter the same at their pleasure. ers of the corporation. II. And be it further enacted, That the corporation hereby Special pow created, shall have full power and authority to insure all kinds of property against loss or damages by fire; to make all kinds of insurance against loss on goods and merchandize, in the course of inland transportation, whether happening on the land or on the water; and also, to make all kinds of insurance upon life or lives, or in any manner dependent on life ar lives; and generally to do and perform all necessary matters and things, relating to or connected with these objects, or with either of them, and all policies LAWS-S. 37. 22 Capital stock omitted in mitted to commence business. Number of directors, etc. shall be subscribed by the president, or in his absence, by an assistant, if any be appointed, or by a president pro tempore, and countersigned by the secretary, and shall be binding and obligatory upon the said corporation, in the like manner and with the like force as if under the seal of the corporation. III. And be it further enacted, That the capital stock of the said company shall be five hundred thousand dollars, to be divided into shares of fifty dollars each; but it shall nevertheless be lawful for the said corporation when and as soon as one hun[* The word dred dollars, on account of the said capital stock, shall have thousand is been subscribed and paid for, or satisfactorily secured, to comthe engrossed mence their said business, and with that capital to conduct and bill.] When per carry it on, until they shall find it expedient to extend their capital to an amount not exceeding the sum herein before authorised. IV. And be it further enacted, That the stock, property and concerns of the said corporation shall be managed and conducted by twenty-nine directors, one of whom shall be president thereof, who shall hold their offices for one year, and until others be chosen on the first Monday in March, in each and every year, at such time of the day, and in such place in the village of Troy, as a majority of the directors for the time being shall appoint, of which election public notice shall be given in one of the newspapers printed in the village of Troy, at least ten days previous to such election; and such election shall be holden under the inspection of three stockholders, to be appointed by the directors, and shall be made by ballot by a plurality of votes of the stockholders present, allowing one vote for every share, and the stockholders not present may vote by proxy, and the votes be given by citizens of the United States, inhabiting this state. Elections how conducted. President to be chosen. ors. V. And be it further enacted, That the directors, so to be chosen, shall meet as soon as may be after every election, and shall choose out of their body one person to be president, who shall preside for one year, and in case of the death, resignation, or inability to serve of the president, or any director, such vacancy or vacancies may be filled for the remainder of the year by the First direct board of directors; and, the first directors shall be George Tibbits, Charles Selden, John D. Dickinson, Townsend M'Coun, Philip Heartt, Nathan Warren, Derick Lane, Hugh Peebles, Benjamin Smith, Alanson Douglas, Samuel Gale, Nathan Dauchy, Joseph Russell, Ebenezer Jones, Lewis Richards, Richard P. Hart, Daniel Merritt, Samuel Stewart, Ira Scott, John Cramer, John House, James Van Schoonhoven, John T. Close, Elias Parmelee, James Hickok, Shabael Gorham, Jonathan Burr, Gardner Tracy, and Ebenezer W. Walbridge, and the said First presi George Tibbits shall be the first president, and they shall respectively hold their offices until the first Monday of March next, and till others shall be elected in their stead; and, the first secretary of the company shall be John Russell, who shall hold his office during the pleasure of a majority of the directors, at any time, in office. dent. First secre tary. Elections may be held VI. And be it further enacted, That in case it should at any at any day. time happen, that an election of rectors should not be made on any day, when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful on any other day to hold and make an election of directors in such manner as shall have been regulated by the laws and ordinances of the said corporation. VII. And be it further enacted, That the stock in the said cor- Transfer of poration shall be assignable and transferrable, according to such stock. rules as the president and directors shall make and establish, and no stockholder indebted to the said company shall be permitted to make a transfer, or receive a dividend, until such debt be paid Dividends. or secured to be paid, to the satisfaction of the president and directors. corporation. VIII. And be it further enacted, That the corporation hereby Special pow created, shall have power to purchase and hold such real estate ers of the as shall be requisite for its convenient accommodation, in the transaction of its business; also, to receive, take and hold, by way of mortgage or pledge, any real estate, chattels, bonds, promissory notes, bills of exchange, or other securities; and also, any stock created under the authority or laws of the United States, or of any individual state, whether the same be so mortgaged or pledged to secure the payment, or part payment of shares in the capital stock of the said corporation, or to secure the payment of any debt which may otherwise become due to it; and it shall be lawful for the said corporation, upon sales made on any judgment at law, or decree in equity to be given in their favor, and also in satisfaction of, or by way of security for, debts previously contracted in the course of their business, to purchase and take any other real estate, and hold the same until they can conveniently make sale thereof; and the said corporation shall also have power, from time to time, out of its capital stock or surplus funds, to make loans on bonds, mortgages, notes, or other securities; and also, to invest such capital stock and surplus funds, or any part of either, in any stock created, or to be created, under the authority or laws of the United States, or of either of the states, and to sell and transfer the same when the interests or exigencies of the said corporation shall require; but it shall not be lawful Restriction for the said corporation, directly or indirectly, to deal or trade in as to cer aiu buying and selling any goods, wares, merchandize, or commodities whatsoever, nor in the buying and selling of any stock created as aforesaid, otherwise than as is herein before provided and permitted; neither shall it be lawful for the said corporation to issue or emit any notes or bills, or make any contracts for the payment of money only, except under the seal of the said corporation; and all such notes, bills and contracts, shall be construed and taken to be specialties, and shall not possess any other or greater power of being assigned or transferred than specialties at common law. powers. as to bank IX. And be it further enacted, That the said corporation shall Restriction not engage in any banking business, or do any other act or busi- ing. ness than such as may be necessary to carry into effect the declared objects of this act. X. And be it further enacted, That it shall be lawful for the Power to directors for the time being, to call and demand from the stock- make calls on stock. To appoint a secretary and other servants, etc. holders, respectively, all such sums of money as their respective shares amount to, at such times and in such proportions as they shall see fit, under pain of forfeiture of their shares and all previous payments thereon to the said company; always however, giving sixty days previous notice of such call and demand, in one of the newspapers to be published in the county of Rensselaer. XI. And be it further enacted, That the president and directors, for the time being, shall have power and authority to appoint officers and and employ a secretary, and such other officers, ministers and servants, as they may think proper, for the transaction of the business and concerns of the said corporation, and to allow and pay them such compensation as they shall see fit, and to vary such compensation, and to displace such officers and servants at pleasure; and also, to make and establish such bye-laws, rules and regulations, as they, or a major part of them, shall think expedient for the better management and government of the concerns, and of the officers and servants of the said corporation, so that such bye-laws, rules aud regulations be not inconsistent with the constitution and laws of this state or of the United States, and to abolish or alter such bye-laws at pleasure, and to declare and make dividends of the profits accruing to the said corporation by such business as they may lawfully follow and transact among the stockholders, and at such times and in such portions as to them shall seem meet. Dividends in case of losses regulated. Policies, etc. when signed binding. XII. And be it further enacted, That in case of any loss or losses, whereby the capital stock of the said corporation shall be lessened, no subsequent dividend shall be made until a sum equal to such diminution, and arising from the profits of the corporation shall have been added to the capital. XIII. And be it further enacted, That the president may sign by pres dent any policy or contract, and cause the secretary to attest and sign and secretary the same, in such manner, as to be valid against and to bind the said corporation, without the presence of a board of directors : Provided, The same is done under and in conformity to a bye-law of the corporation which may have been made and ordained for that purpose. Proviso. Limitation of this act. Declared fo be a public act. XIV. And be it further enacted, That the duration of the corporation created by this act, shall be twenty years, and no longer. XV. And be it further enacted, That this act shall be deemed and taken to be a public act, and shall be liberally construed to effect the end and purpose hereby intended and contemplated. [Note.-See Appendix.] Trespasses on the com. mon lands CHAP. CXLV. An ACT to amend an act, entitled "an act relating to the city of Passed April 15, 1814. 1. BE it enacted by the People of the State of New-York, repre how purish- sented in Senate and Assembly, That any person or persons, whe ed. |