time of holding the said election, by an advertisement, to be in serted in at least two of the public newspapers printed in the city of New-York; and the said election shall be made by such of the stockholders of the corporation as shall attend for that purpose, in their proper persons or by proxy; and all elections shall be by ballot, each share of the stock having one vote, and the thirteen: persons who shall have the greatest number of votes at an election, shall be directors; and if it shall happen at any election, that two or more persons have an equal number of votes, in such manner that a greater number of persons than shall by plurality of votes appear to be chosen as directors, then the said stockholders herein before authorised to vote at such elections, shall proceed to ballot a second time, and by plurality of votes determine which of the persons so having an equal number of votes, shall be director or directors, so as to complete the whole number of thirteen; and the said thirteen directors, so soon as may be after their election, shall proceed in like manner to elect by ballot one of their number to be their president; and if any of the directors so to be elected, shall at any time remove out of this state, the office of such director or directors shall be considered as vacant; Vacancies and if any vacancy or vacancies shall at any time happen among the directors elected by the stockholders, by death, removal, resignation or otherwise, such vacancy or vacancies shall be filled for the remainder of the year in which they may happen, by such person or persons as the remainder of the directors for the time being, or a major part of them, shall appoint; that the first di-» rectors shall be John L. Norton, Martin S. Wilkins, John A. Graham, Thomas Eddy, James Warner, Christian Shultz, Jonathan Little, Stephen Gould, George Gibbs, Francis Sexton, Joseph Watkins, George Wilson and Samuel Burling, and shall hold their offices until the first Tuesday of June, one thousand eight hundred and fifteen. how filled. IV. And be it further enacted, That in case it should at any Elections time happen, that an election of directors should not be made on may be held at any day. the day that pursuant to this act it ought to be made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful to hold such election on such other day, in the manner aforesaid, as shall be prescribed by the by-laws and ordinances of the said corporation. V. And be it further enacted, That it shall be lawful for the president and directors of said corporation, to call and demand of the stockholders respectively, all such sums of money as are by them subscribed, at such time and in such proportions as they shall deem fit, on the pain of forfeiture of their shares and all previous payments thereon to the said corporation, always at least giving thirty days previous notice of such call and demand, in one of the public newspapers to be published as aforesaid. Shares when and how to pain of forbe paid on feiture. powers. VI. And be it further enacted, That a majority of the directors, Quorum of for the time being, shall form a board or quorum for transacting directors,and all the business of said corporation, and shall have power to make and prescribe such by-laws, rules and regulations, not repugnant to the constitution and laws of the United States or of this state, as to them shall appear needful and proper, touching the manage Transfer of ment and disposition of the stock, property, estate and effects of said corporation, the duties and conduct of the officers, clerks and servants employed therein, the election of directors, and all such other matters as appertain to the concerns of the said institution, and shall also have power to employ so many officers, clerks and servants for carrying on the said business, and with such salaries and allowances as to them shall seem meet. VII. And be it further enacted, That no transfer of stock shall stock regula- be valid or effectual until such transfer shall be entered or registered in the book or books to be kept by the president and directors for that purpose. ted. This act de VIII. And be it further enacted, That this act be and the same clared a pub is hereby declared to be a public act, and that the same be construed benignly in all courts and places whatever, for all the beneficial purposes herein contained. lic act. [Note. By a grant of the legislature of the state of Vermont, about 16 years since, Col. John A. Graham, for services rendered that state in England, obtained an exclusive privilege of mining, smelting and refining, all ores found in the said state for the term of 35 years, excepting Bradley's mine. Col. Graham afterwards purchased one half of said mine, and a few years since formed a company in the city of NewYork, under the name and style of The Vermont Mining and melting Company.-To give effect to the objects of this company, the present act of incorporation was ap plied for and granted. The company intend to erect one or more Shot-towers, and to mine and smelt such ores in this state, as they may deem expedient and advantageous to the interests of the company.] Chairman &c.[see notes.] CHAP. XIX. An ACT in addition to the act concerning oaths. Passed February 25, 1814. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That each and every chairman of any. committee either of the Senate or Assembly, or of any joint committee appointed by concurrent resolution of the two houses, is hereby authorised to administer oaths to all witnesses coming before such committee for examination, and all witnesses so sworn and examined, shall, in case of false swearing, be liable to all the pains and penalties of wilful and corrupt perjury. [Note. The inconvenience of procuring the attendance of a magistrate before a committee, in order to administer oaths, andthe impunity with which witnesses were allowed to swear without the danger of prosecution for perjury, induced the legis lature to pass this act. The act "concerning oaths," is to be found in V. N. & W Vol. 1. 382.] Recital. CHAP. XX. An ACT to amend an act entitled, an act to divide the town of Oxford, in the county of Chenango," passed April 2, 1813. Passed February 25, 1814. WHEREAS an act of the legislature was passed April second, one thousand eight hundred and thirteen, erecting a new town from the town of Oxford, in the county of Chenango, by the name of Eastern; And whereas, in said law for erecting said town of Eastern, the time for holding town-meetings in said town was not fixed in said act; Therefore, held. I. BE it enacted by the people of the state of New-York, repre- Town meetsented in Senate and Assembly, That the first town meeting, in the ings in Eastsaid town of Eastern shall be held on the first Tuesday of March en when next; and that the first Tuesday of March forever thereafter shall be the day for holding the annual town meeting in said town of Eastern. of the first II. And be it further enacted, That it shall be the duty of the justices to Justices of the peace in the said town of Eastern, to give public give notice notice of the time of holding said first town meeting in said town, town meet by putting up at least five notices in writing at the most public ing. places in said town, mentioning the time and place of holding said meeting. [Note. The act referred to is to be found in V. N. & W. Vol. 2. page 123.] CHAP. XXI. An ACT to appoint commissioners to alter a Road in the town of Passed February 25, 1814. WHEREAS by an act of the legislature, passed March twenty Recital. seventh, one thousand eight hundred antl nine, commissioners were appointed to lay out a public road, beginning at or near the courthouse in the village of Norwich, in the county of Chenango, thence running easterly through New-Berlin, to the Unadilla riv er, so as to correspond with and be a continuation of a public road, by law authorised to be laid from the said river easterly through the towns of Butternuts, Otego, and Milford; and whereas it has been represented to the legislature, that an alteration of said road through the town of New-Berlin would be highly advantageous to the public:-Therefore, ed to make tion. BE it enacted by the people of the state of New-York, represent Commissioned in Senate and Assembly, That Thomas Brown, Junior, Washers appoint ington Winsor and Reuben Smith, be and they are hereby ap- the altera pointed commissioners, and they or any two of them, are empow ered to make such alteration in said road, through the town of New-Berlin, as they shall think conducive to the public good, not altering the plan of commencement or termination of said road; and the surveyors and commissioners shall be entitled to receive the same wages, and it shall be levied and collected in the same manner as is directed in the above recited act. And further, If Further the said commmissioners, on viewing said road, do make any al- powers. teration therein, they are hereby required to certify the same under their hands to the town clerk of the town of New-Berlin, and the clerk of said town is hereby required to make a record of the same. sess. [Note. The act referred to in the preamble is to be found in W. v. 5. 497. 32, c. 128, and is entitled" an act to appoint commissioners to lay out roads in the counties of Chenango and Oneida." The commissioners appointed in that act were Amos Mead, Hascal Runsford, and Stephen Collins.] LAWS S. 37. Recital. Proviso CHAP. XXII. An ACT for the relief of the representatives of William I. Vre denburgh, deceased. Passed February 25, 1814. WHEREAS Mary Vredenburgh, widow and relict of William I. Vredenburgh, late of the town of Marcellus, county of Onondaga and state of New-York, deceased, together with such of the heirs of the said William as are of lawful age, have by their joint petition to the legislature, set forth, that the said William I. Vredenburgh died leaving several heirs under the age of twenty-one years; that the said William I. Vredenburgh in his life time, had by articles of agreement contracted to sell and convey sundry tracts of land to certain individuals: therefore praying, that an act might be passed authorising Mary Vredenburgh administratrix, and Charles I. Burnett administrator, of the estate of the said William I. Vredenburgh deceased, to execute conveyances pursuant to said contracts: Therefore, Trustees ap I. BE it enacted by the people of the State of New-York, reprepointed and their powers. sented in Senate and Assembly, That the said Mary Vredenburgh and Charles I. Burnett, of the town of Marcellus aforesaid, be and are hereby appointed trustees, with full power to them to execute conveyances, pursuant to contracts entered into by the said William I. Vredenburgh, which conveyances shall be as good and effectual in law, as if the same had been executed by the said William I. Vredenburgh in his life time: Provided al ways, That such conveyances shall not conclude the heirs of the said William I. Vredenburgh, unless the chancellor of this state shall indorse on the same respectively, a certificate that he is satisfied with the form of such conveyances, and that they are made in pursuance of existing and valid contracts entered into by the said William 1. Vredenburgh in his life time, of which a specific performance might be decreed by the court of chancery. Trustees to give bonds. Monies declared as setts. II. And be it further enacted, That the said trustees, before they enter upon the execution of their said trust, shall execute a bond to the infant children of the said deceased, in such penalty and with such sureties as the said chancellor shall direct, conditioned for the true and faithful execution of such trust. III. And be it further enacted, That the monies which shall arise from the sale of such tands by virtue of this act, shall be considered as assetts in the hands of the said administratrix and administrator for the payment of the debts of the said deceased. * [Note. The recital explains the reasons for passing this act. It will be perceived in a subsequent part of this work that it has been contemplated to vest the court of chancery with general powers in all cases of a s`milar nature] Division line defined. CHAP. XXIII. An ACT to correct a mistake in the division line between the towns of Otego and Laurens, in the county of Otsego. Passed February 25, 1814. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the division line between the aforesaid towns shall be as follows, to wit: Beginning at the southeast corner of lot number forty five in the Otego patent, at the west line of the town of Milford, running thence westerly on the south line of said lot number forty five, and on the south line of number thirty eight to the southwest corner thereof; thence in a direct line to the southwest corner of lot number thirteen in the patent aforesaid, at the east line of the town of Butternuts. [Note. The former boundaries of the towns of Laurens and Otego are contained in V. N. & W. v. 2, 96, 97.] CHAP. XXIV. An ACT to annex all that part of the county of Steuben, between the Forks of the Crooked Lake, to the town of Jerusalem, in the county of Ontario. Passed February 25, 1814. to the town BE it enacted by the people of the state of New-York, represent- Certain terried in Senate and Assembly, That from and after the passing of this tory annexed act all that part of the county of Steuben, lying between the of Jerusalem. Forks of the Crooked Lake, be and is hereby annexed to the town of Jerusalem, in the county of Ontario, and that the freeholders and inhabitants hereby set off shall henceforth enjoy and possess all the privileges and immunities in common with the inhabitants of the said town of Jerusalem, any thing to the contrary notwithstanding. [Note. See original bounds of Jerusalem V. N. & W. v. 2, 111.] CHAP. XXV. An ACT to divide the town of Warsaw, in the county of Genesee, into two towns. Passed February 25, 1814. ed. I. BE it enacted by the people of the State of New-York, repre- The town of sented in Senate and Assembly, That from and after the passing of Hebe erectthis act, all that part of the said county of Genesee, comprehending township number eight in the first range of the lands of the Holland company, shall be erected into a separate town by the name of Hebe; and that the first town meeting thereafter, shall bẹ held at the dwelling house of Charles Bristol; and that from and after the passing of this act, all the remaining part of the said town of Warsaw, shall be and remain a separate town by the name of Warsaw; and that the first town meeting thereafter, shall be held at the dwelling house of Elizur Webster. to be divided II. And be it further enacted, That as soon as may be after Poor monies the first town meeting in said towns, the supervisors and overseers of the poor of the aforesaid towns, shall by notice previous ly given for that purpose by the supervisors thereof, meet together and apportion the poor maintained by the said town of Warsaw, and the poor money belonging to the same previous to the division thereof, agreeably to the then last tax list; and that each town shall forever thereafter maintain their own poor. [Note. See original bounds of Warsaw V. N. & W. v. 2, 116.] |