any election, that two or more persons have an equal number of votes in such manner that a greater number of persons than five, shall, by plurality of votes, appear to be chosen as directors, then the said stockholders herein before authorized 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 five; and the said dircctors, as soon as may be after their election, shall proceed in like manner to elect by ballot one President & out of their number to be their president, and shall also at the same time elect a secretary to the company; 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 reFirst direc- mainder of the directors for the time being, or the major part of them, shall appoint; that the first directors shall be Jeremiah H. H. Pierson, Isaac Pierson, Caleb Hopkins, Josiah G. Pierson and Silas Sprague, and shall hold their offices until the first Tuesday in April, one thousand eight hundred and twenty-three. secretary. tors. for certain missions. IV. And be it further enacted, That in case it should at any Corporation not dissolved time happen, that an election of directors should not be made on 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 a majority of the directors Quorum and for the time being shall form a board or quorum for transacting all and powers of the directors. 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 shall to them appear needful and proper, touching the management 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 the directors, and all such other matters as appertain to the concerns of the said institution; and shall 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. Books of account Annual ac Count. VI. And be it further enacted, That the directors shall at all times keep, or cause to be kept at their manufactory, and also at their warehouse in the city of New-York, proper books of accounts, in which shall be regularly entered all the transactions of said corporation, which books shall be subject at all times to the inspection of the stockholders of the company. VII. And be it further enacted, That it shall be the duty of the directors for the time being, in each and every year, viz: on the first Monday in March in every year, to take an account of all the stock, property and effects belonging to said corporation, ineluding all debts due to and from said corporation, and make and enter in a book kept for the purpose, a true inventory of the same, and exhibit the same to the stockholders at the annual election. VIII. And be it further enacted, That the directors of the said corporation for the time being, shall be liable in their private capacity for all debts contracted by them for said corporation, in any suit or action brought or prosecuted against them for any such debt: Provided, the property of said corporation shall prove to be insufficient to satisfy such debts. Personal liabilities. Proviso sonal liabili IX. And be it further enacted, That for all debts that shall be Further perdue and owing by said corporation, the persons composing said ties. corporation at the time such debts were contracted, shall respectively be responsible to an amount equal to their respective shares, in their individual and private capacity, in any suit or action brought or prosecuted against them for any such debts: Provided, the Proviso property belonging to said corporation, and the private property of the persons who were directors at the time said debts were contracted, shall prove to be insufficient to satisfy such debts. stock. X. And be it further enacted, That no transfer of stock shall Transfers of 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. XI. And be it further enacted, That this act be and the same Public act. is hereby declared to be a public act. ers prohibit XII. And be it further enacted, That the corporation hereby Bankingpow created, shall not engage in any banking business or transaction ed. whatsoever, or in any other business or transaction, excepting such as may be proper and necessary to carry into effect the de clared objects of this act. CHAP. VI. AN ACT in addition to " an act for the payment of the Officers of Government therein mentioned," passed April 3d, 1821. Passed February 4, 1822. regulated to BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That nothing contained in Allowance the act hereby amended, or any other act, shall be construed to door keepers, authorize the payment of the serjeant at arms, door keepers, and &c. door keeper and messenger of the council of appointment and council of revision, mentioned in the fourth section of "an act for the support of government," passed February 17, 1813, at a rate exceeding three dollars per diem. CHAP. VII. AN ACT to alter the time of holding Town Meetings in the Passed February 4, 1822. Town meet BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the town meetings hereafter to be holden in the town of Mooers, shall be held on the first held. ings when 1 Tuesday in March, annually; and that all such town officers whose duty it is to meet on the last Tuesday in March, shall meet on the last Tuesday in February, to do and transact such business as to their respective offices may appertain. 92 D 50 cents to be paid Mr CHAP. VIII. AN ACT for the relief of Moses Van Campen, Treasurer of the County of Allegany. Passed February 4, 1822. BE it enacted by the People of the State of New-York, reVan Campen presented in Senate and Assembly, That it shall be the duty of the comptroller to draw his warrant on the treasurer of this state in favor of Moses Van Campen, treasurer of Allegany county, for the sum of ninety-two dollars and fifty cents; which sum the said treasurer of this state is hereby required to pay, the same being for wolf bounties. CHAP. IX. Liberties extended to 250 acres. AN ACT to extend the Gaol Liberties of the County of Steuben. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the liberties of the gaol of the county of Steuben, may be extended so as to include two hundred and fifty acres, and it shall be the duty of the judges of the court of common pleas of the said county, to lay out the said liberties adjacent to the gaol in said county, in such form as to them, or a majority of them, shall seem proper, and so as to comprehend, not exceeding two hundred and fifty acres. Trustees may CHAP. X. AN ACT authorizing the Trustees of Cortland Academy to sell lot number eighty-five, in the Town of Homer. Passed February 4, 1822. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the trustees of Cortland sell No. 85 in academy, and their successors in office, be and they are hereby auHomer, &c. thorized and empowered to sell and dispose of lot number eighty-five in the town of Homer, in the county of Cortland, heretofore appropriated for the support of academies within the said county, or of any part of said lot, for the best price that may be had therefor, at such time or times, and on such terms as they shall judge to be most beneficial for the interests of the Cortland academy, and to execute all legal conveyances necessary for such purposes; and the said trustees, and their successors in office, are hereby authorized and required to loan out the monies arising from such sale or sales, CHAP. XI. AN ACT for the relief of David Morgan. Passed February 4, 1822. WHEREAS Samuel Morgan, late of the town of Frankfort, in the county of Herkimer, lately died siesed of certain lands and tene- Preamble. ments, situate in the said town of Frankfort, intestate, and without any heir or heirs at law who can inherit his said estate, by reason of which the lands of which the said Samuel died siesed have escheated to the people of the state of New-York as it is alledged. And whereas David Morgan, of the said town of Frankfort, has presented to the legislature his petition, stating that he has always lived with and labored for the said Samuel till the time of his death, and that it was the intention of the said Samuel Morgan to have given to the said David the lands of which he died siesed, and praying that the same may be granted to him: Therefore, D. Morgan tain lands. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said David Morgan to hold cer do have, hold, take, possess and enjoy to himself, his heirs and assigns forever, all and singular the lands, messuages and tenements of which the said Samuel Morgan died siesed, situate in the town of Frankfort aforesaid, and all the estate, right, title, interest, claim and demand which the people of the state of New-York have in and to the same, in as full and ample a manner as the said people now own the same in virtue of the before mentioned escheat, and not otherwise: Provided nevertheless, That the said David Proviso Morgan shall be liable, in respect of the said lands, by virtue of this act, to all creditors of the said Samuel Morgan, in the same inanner and to the same extent as if the said lands had come from the said Samuel Morgan to the said David by descent. CHAP. XII. AN ACT for the division of the Town of Friendship, in the County of Allegany. Passed February 4, 1822. 1. BE it enacted by the People of the State of New-York, Town of Curepresented in Senate and Assembly, That from and after the ba erected. first Monday in March next, all that part of the town of Friendship, Remainder retains its game. Poor andpoor zeonies. in the county of Allegany, comprising townships number one, two and three, in the second range in the Holland land company's purchase, shall be erected into a separate town, by the name of Cuba; and that the first town meeting shall be held at the house of Epenetus H. Griffin, in the said town, on the first Tuesday of March next. 11. And be it further enacted, That all, the remaining part of the said town of Friendship, shall be and remain a separate town, by the name of Friendship, and that the first town meeting shall be held at the house of Amos Thatcher in said town. III. And be it further enacted, That as soon as may be, after the first Tuesday in April next, the supervisors and overseers of the poor, of the aforesaid towns, shall by notice to be given for that purpose by the supervisors thereof, meet together and apportion the poor maintained by the said town of Friendship, and the poor money belonging to the same previous to the division thereof, agreeably to the last tax list, and that each town shall forever thereafter support its own poor. Paupers required to work. perintendent. CHAP. XIII. AN ACT for the better government of the Alms House, in the Passed February 4, 1822. BE it enacted by the People of the State of New-Yark, represented in Senate and Assembly, That it shall be lawful for the superintendent of the alms house, in the city of New-York, to require and compel all paupers actually chargeable upon, or receiving support from the said city, to perform such reasonable work, labour and service, as they shall respectively be able to perform without injury, or hazard to the health of the said paupers, and said superintendent shall from time to time direct; and in case any such pauper shall refuse or neglect to perform the work, labour and service, so required of him or her, or shall not comply with and conform to such by-laws, rules, or regulations as now are or hereafter may be made, and established, by the mayor, alPower of su- dermen and commonality of the city of New-York, for the well ordering and government of such paupers, or shall at any time depart from such alms house, until he or she shall be regularly and duly dismissed and discharged therefrom; in each and every such case it shall and may be lawful for the said superintendent, by and with the consent of the commissioners of the alms house and bridewell of the said city, or any one of them, to inflict such reasonable and moderate punishment, upon such disorderly, disobedient, or refractory pauper, as he shall deem proper: provided such punishment shall not be by personal chastisement, nor shall extend beyond solitary confinement, in some part of the said alms house, and feeding on bread and water only, until he or she shall submit to perform the labour, work, and service required of him, or her, and obey, conform to, and observe the rules and regulations aforesaid, or for such term as the said superintendent and commission |
