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der such circumstances and restrictions as to the legislature shall seem meet: Therefore,

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I. BE it enacted by the People of the State of New-York, repre- 1 sented in Senate and Assembly, That such persons as now are or hereafter may become members of the said society, shall be and hereby are constituted, ordained and appointed a body corporate and politic, in fact and in name, by the name of "the New-York ma sons' society," and that by that name they and their successors shall and may have succession, and shall be in law capable of suing and being sued, pleading and being impleaded, defending and being defended, in all courts and places whatsoever, and that they and their successors may have and use a common seal, and may change and alter the same at their pleasure; and also, that they and their successors, by the name and style of "the New-York masons' society," shall be capable in law of purchasing, holding and conveying any real or personal estate, for the use of the said incorporation: Provided, 4 That the value of such real and personal estate shall not at any one time exceed the sum of ten thousand dollars.

II. And be it further enacted, That for the better carrying into 5 effect the objects of the said corporation, there shall be a president, vice-president, secretary, treasurer and three trustees there also shall be a librarian, and a committee of four members, who shall have the care and superintendence of the library, all of whom shall hold their offices for one year, or until others shall be elected in their room; and that such election shall be held at such times and 6 places as the said corporation shall by bye-laws from time to time appoint and direct; and that all the aforesaid officers shall be elected by ballot, by a majority of the members present at such election, but no election shall take place unless there shall be at least twenty members present; and that in case any vacancy or vacancies shall 7 happen in either of the said offices, by death, resignation or other wise, such vacancy or vacancies shall and may be filled up for the remainder of the year in which they shall respectively happen by a special election for that purpose, to be held in the same manner as the said annual elections, at such places and times as shall be appointed by the bye-laws of the said corporation.

III. And be it further enacted, That Samuel Ludlum shall be the 8 first president, John Boardman the first vice-president, Ichabod Price the first secretary, John Morss, junior, the first treasurer, Charles McPherson, James Southerland and James Murray the first trustees.

IV. And be it further enacted, That the said corporation and their 9 successors shall have power from time to time to make and establish such bye-laws, and to alter and amend the same, as they from time to time shall judge proper, for appointing the times and places of electing officers, for the admission of new members of the said corporation, and the terms, conditions and manner of such admis sions, and the amount of the sums which each member shall contribute to the funds of the corporation, and the time and manner of paying the same, and also for the management, disposition and ap plication of the property, estate, effects and funds of the said corpo

VOL. V.

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ration, for the purpose of carrying into effect the objects thereof, and for fixing the times and places of the meetings of the corporation, and the manner of conducting the proceedings of such meetings, and touching the duties and conduct of the officers of the corporation, and for imposing penalties for breaking and violating any fixed bye-laws, and also such other matters as appertain to the business, end and purposes for which the said corporation is by this act constituted, and for no other purposes whatsoever: Provided always, That such bye-laws, and the penalties imposed for violating any of them, be not repugnant to the constitution and laws of the United States, or of this state.

V. And be it further enacted, That whenever any member of the corporation shall violate and break any of the bye-laws so made as aforesaid, or shall become liable to any penalty imposed by any such bye-laws, and shall neglect or refuse to pay the same, it shall and may be lawful, in every such case, for the said corporation to expel such member from the said corporation, or to prosecute at 11 law for the recovery of the said penalty: Provided always, That no member shall be expelled otherwise than by the votes of at least two-thirds of all the members present at one of the stated meetings of the said corporation, at which meeting not less than twenty members shall be necessary to form a quorum.

12 VI. And be it further enacted, That every member expelled from the said corporation shall thereafter be prevented from having or receiving any benefit or advantage whatsoever from the funds, property or estate of the said corporation; and that all payments and advances made by such member to the funds of the said corporation shall be forfeited to the same.

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VII. And be it further enacted, That this act shall be and remain in full force and virtue for the term of ten years, that is to say, from the first Monday in May next, until the first Monday in May, which will be in the year one thousand eight hundred and seventeen : 14 Provided nevertheless, That in case the aforesaid society should appropriate its funds, or any part of its funds, to any purpose or purposes other than those intended and contemplated by this act, or shall at any time pass any law or regulation respecting the rate of wages, or relative to the business which the members thereof do follow, and shall be thereof convicted by due course of law, that thenceforth the said corporation shall cease and determine, and the estate real and personal whereof it may then be seised and possessed shall vest in the people of this state: And provided further, That nothing herein contained shall be construed to prevent the legislature, at any time in their discretion, within the period aforesaid, from altering or repealing this act.

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VIII. And be it further enacted, That this act is hereby declared to be a public act, and that the same be construed in all courts favourably and benignly, for every beneficial purpose therein contained.

CHA P. X.

CONTENTS.

1. Dover, town of, erected from part of Pawling—2. Residue to retain its present name, 4. Poor and poor money how divided-3. Town privileges.

AN ACT to divide the Town of Pawling, in the County of Dutchess, into two Towns.

BE

Passed February 20, 1807.

E it enacted by the People of the State of New-York, represent-1 ed in Senate and Assembly, That after the passing of this act, all that part lying north of the division line of lots number nine and ten in Pawling, beginning on the division line of the town of Beekman and the said town of Pawling, and running from thence along the said line of lots number nine and ten aforesaid, until it strikes the Oblong line; then, continuing across said Oblong, in the same direction, to Connecticut line, shall be and remain a separate town, by the name of Dover; and that the first town meeting, in the said town of Dover, shall be held at the house of John Preston; and 2 that all the remaining part of the said town of Pawling, shall be and remain a separate town, by the name of Pawling; and that the first town meeting, in the said town of Pawling, shall be held at the house and store of Gideon Slocum.

II. And be it further enacted, That the said towns of Dover and Pawling, and the officers by them to be elected, shall be entitled to all the privileges, and subject to the same penalties, that the other towns in this state are by law entitled and subject to.

III. And be it further enacted, That as soon as may be after the first town meeting, held in the towns of Dover and Pawling, the supervisors and overseers of the poor of the said towns, on notice being first given by the said supervisors for that purpose, shall meet together, and divide the money and poor belonging to the town of Pawling previous to the division thereof, agreeable to the last taxlist; and that each of the said towns shall for ever thereafter respectively support their own poor.

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1. Ferry, across the St. Lawrence, near Carlton Island, P. Sternberg authorized to set up. Penalty for setting up any other within certain litaits, with proviso.

6.

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2. Dock or landing place to be erected.-3. Ferry boats, their size.

7. Neglecting to comply with this act, privileges therein to cease.

4. Rates of ferriage, by whom established-5. Penalty for receiving more.

AN ACT for establishing and regulating a Ferry across the River St. Lawrence, between the southwesterly Point of Carlton Island, and the Outlet of Lake Ontario.

LBE

Passed February 20, 1807.

E it enacted by the People of the State of New-York, repre- I sented in Senate and Assembly, That it shall and may be lawful for Peter Sternberg, at present of the town of Minden, county

of Montgomery, his heirs and assigns, to set up, keep and maintain a ferry across the river St. Lawrence, between the southwesterly point of Carlton Island, and the outlet of lake Ontario, for and during the term of ten years, to commence from the first day of June

next.

2 II. And be it further enacted, That the said Peter Sternberg, his heirs and assigns, shall, if they set up a ferry by virtue of this act, erect a convenient dock or landing place, if not already erected, on such part of the land of the said Peter Sternberg, as shall be most 3 suitable for the purpose; and shall during the time aforesaid, keep, support and maintain a good and sufficient ferry-boat, capable of conveying six horses, and ready at all reasonable times and seasons, to transport and ferry across said river, persons, goods and chattels. III. And be it further enacted, That the court of common pleas for the county of Jefferson, in their session, may and shall annually order and direct the several rates of said ferry, and the several hours in each day that the boats of said ferry shall be kept in readiness.

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IV. And be it further enacted, That if the above Peter Sternberg, his heirs or assigns, or any ferryman, or any person employed by him, shall take, or exact or receive any greater or higher rates of ferriage for transporting persons, goods and chattels, or other things whatsoever, than shall be by the court of common pleas aforesaid limited or established, the said Peter Sternberg, or his assigns, shall forfeit and pay, for every such offence, the sum of five dollars, to be recovered in any court of this state, having cognizance thereof, by any person who shall sue for the same.

6 V. And be it further enacted, That if any person or persons shall after the first day of June next, set up, keep or maintain a ferry, or shall carry or transport goods or chattels for hire or pay, across the river St. Lawrence, between the southwesterly point of Carlton Island, and two miles above the said ferry, other than the said Peter Sternberg, his heirs or assigns, such person or persons shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered in any court of this state, having cognizance thereof, by any person who shall sue for the same. Provided always, That nothing herein before contained, shall be construed to preclude any person or persons, inhabiting on the said river, within the limits aforesaid, from the right of carrying and transporting themselves and their goods and chattels respectively, in their own boats, without paying any ferriage.

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VI. And be it further enacted, That if it shall appear upon sufficient evidence to the court of common pleas, of the said county of Jefferson, that the said Peter Sternberg, his heirs or assigns, shall wilfully neglect to comply with the true intent and meaning of this act, in keeping the ferry aforesaid, it shall and may be lawful for the said court to adjudge that all the privileges granted to him under this act, shall cease and be of no effect

CHA P. XII.

CONTENTS.

1. Company incorporated till the year 1820-2. Name-3. Privileges-5. Estate. May make insurances---20. And loan money.

19.

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26. ....

Prohibited from dealing in goods or public stock, or emitting bills or notes.

28. Act declared public, and to be favourably construed.

18. Bye-laws, President and directors authorized to make.

27. Contracts signed by the President, in what case to bind the corporation.

6. Directors, number to be chosen-13. First named-8. Their qualifications.

22. Dividends to be made half yearly, except in case of losses which impair the capital. 9. Election, anniversary-15.May be held on any other day-10. How to be conducted. 23. Estate, real, for what purposes company may hold.

24.

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Within what time to be disposed of---25. Or forfeited to the state. 19. Insurances against fire, upon goods, upon lives, &c. company may make. 21. Policies by whom to be subscribed.

7. President, to be taken from the directors---11. How chosen---14. First named.

4. Stock, not to exceed 10,000 shares of 50 dollars each---16. Transferable.

17. Stockholders indebted to the company, cannot make transfers or receive dividends. 29....... At the dissolution of the company, in what amount to be individually responsible for the debts contracted by the corporation.

12. Vacancy in office, directors to supply.

AN ACT to incorporate the Phenix Insurance Company of New

W

York.

Passed February 20, 1807.

HEREAS Samuel Latham Mitchell and others, associated

as a company, under the style of "The Phoenix insurance company of New-York," by their petition, presented to the legislature, have prayed for the privilege of being incorporated, to enable them the better to carry on and extend the business of insurances : Therefore,

I. BE it enacted by the People of the State of New-York, repre- 1 sented in Senate and Assembly, That all such persons as now are, or hereafter shall be stockholders of the said company, shall be and hereby are constituted and declared to be from time to time, and until the first Monday in January, one thousand eight hundred and twenty, a body corporate and politic, in fact and in name, by the name of "The Phoenix insurance company of New-York ;" and 2 that by the same name they and their successors, until the said.. first Monday in January, one thousand eight hundred and twenty, shall and may have continual succession, and shall be capable in law 3 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; and by the said name be capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation, subject to the restrictions herein after mentioned.

II. And be it further enacted, That a share in the stock of the said corporation shall be fifty dollars, and the number of shares shall not exceed ten thousand. And if the said number of shares are not already filled, subscriptions may be kept open, under the

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