with all other persons who now are or hereafter may become stockholders in the Rye Academy shall be, and are hereby ordained, constituted and declared to be a body corporate and politic, in fact and name, under the style of "The Rye Academy," and by that name or style they and their successors forever hereafter shall and may have succession, and by said name shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all courts and causes whatsoever, aud they and their successors may have one common seal, and change or alter the same at pleasure, and they and their successors by the aforesaid style or name, shall be forever capable and have full power to purchase, receive, hold, occupy, possess and enjoy real and personal estate, for the benefit of said corporation, and also to sell and convey any or all of such property or possession as may from time to time be directed by the stockholders at their annual meeting convened. 2. And be it further enacted, That this body corporate shall consist of such persons as shall subscribe for the stock of said Rye Academy, which stock shall not exceed five thousand dollars, and shall be divided into shares of ten dollars each, and no person shall subscribe for less than one share, and every shure shall entitle the own er thereof to one vote and no more. 3. And be it further enacted, That said Academy shall be under the direction of three trustees elected annually by the stockholders from their body by a majority of votes, on the second Monday in December, who shall hold their office for one year, and until others are elected in their place, and no person can be a trustee who is not a stockholder of said Academy; the first trustees shall be Elisha R. Belcher, Philemon Halstead and James Wilson, who shall hold their office until the second Monday in December, one thousand eight hundred and twenty-six, and until others are elected in their place; that a majority of said trustees shall form a board for the transaction of all business, shall have power to employ a teacher or teachers, and also to discharge him or them at their discretion. 4. And be it further enacted, That in case it should at any time Election happen that an election of trustees should not be made on the day when pursuant to this act it should or ought to have been made, that said corporation for that cause shall not be deemed to be dissolved, but that it shall and may be lawful on any other day to make an election of trustees in such manner as shall have been regulated by the by-laws and ordinances of said corporation. 5. And be it further enacted, That the stockholders by a major- By-laws ity of their votes at the annual meeting, or any other meeting for that purpose, (of which due notice shall be given in writing to each of them by the trustees of said academy) may pass such by-laws, rules and regulations as they shall deem proper: Provided they are not incompatible with the laws of this state or the United States. 6. And be it further enacted, That the legislature may at any Right to re time hereafter alter, modify or repeal this act. 20 peal Corporation created eral powers CHAP. 165. AN ACT to incorporate the Union Literary Society of Ellisburgh. 1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That Jotham Bigalow, Orin Howard, Thomas W. Kennedy, John Hagedorn, Amos Heald, Peter N. Cushman, Wesson Thomas, Pardon Earl, Samuel S. Haws, Edward Booneer, Sidney Houghton, Benjamin Barney, Samuel Boyden, Ebenezer Webster, Israel Kellogg junior, Jesse Hubbard, Hiram Taylor, Henry Green, Rufus Hatch, Charles B. Pond, Calvin Clark, John Barney, first, Samuel Peirce and Godfrey W. Barney, and all such persons as shall hereafter associate with them, shall be, and are hereby constituted and declared to be a body corporStyle and gen ate and politic, in fact and in name, by the name of "Union Literary Society in Ellisburgh," and they shall have perpetual succession, and by that name shall be capable 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, bills, matters and causes whatsoever, and that they may have and use a common seal, and may change and alter the same at pleasure, and by their corporate name and in their corporate capacity, they may purchase, hold, enjoy, sell, lease and convey any estate, real or personal, for the use and benefit of said corporation: Provided always, That the yearly income of such estate shall not exceed the sum of five thousand dollars. Proviso Trustee's General meet ing Election retary and 2. And be it further enacted, That there shall be not less than twenty-four, nor more than thirty trustees, who shall conduct and manage the affairs of said corporation, and that said trustees shall be members of said corporation, and shall be elected annually, and shall hold their offices for the term of one year, or until others are chosen in their stead. 3. And be it further enacted, That on the first Wednesday of November in each and every year there shall be a general meeting of the members of the said corporation, at some convenient place in or near the academy, in the town of Ellisburgh, to be designated by the said corporation, at least two weeks previously to their annual meeting, and at such general meeting the members of the said corporation so convened as aforesaid, shall by ballot and by plurality of votes, choose such number of trustees as they may have deemed necessary for the ensuing year, and that no person shall be entitled to vote at any such election, or for any other purpose be considered a member of said corporation, unless he shall have paid to the treasurer, or some other responsible person, for the use of the said corporation, the sum of five dollars, and that in all elcctions of trustees, the members of said corporation shall be entitled to one vote only; that the first general meeting of the said corporation for the choice of trustees shall be held in the hall of the academy in Ellisburgh on the first Wednesday of November next. President sec 4. And be it further enacted, That the said trustees so chosen as aforesaid, shall within six days after their election, choose out of their treasurer ་ number a president, secretary and treasurer, who shall respectively hold their offices for the term of one year, and until others shall be chosen in their stead; the said trustees shall have power to fill all vacancies which may happen in the said board of trustees until the next annual election; to make by-laws for the regulation and government of the said corporation; to manage and conduct the affairs of the said corporation, and for that purpose to take charge of, keep, use and dispose of all the property and funds belonging to said corporation, and to employ, pay and dismisss such instructors, agents and servants, as may be necessary in the management and conduct of the affairs and business of said incorporation: Provided however, Proviso That the said trustees shall receive no compensation for their services. be the sole ob 5. And be it further enacted, That the said corporation shall Education to not engage in any other business than that of encouraging and pro- jeet of the moting education, and the proceeds of all the funds shall be appro- company priated to that object and no other, and that the legislature may at any time amend, alter or repeal this act. CHAP. 166. AN ACT to amend an act entitled "An Act relative to improvements in the city of New-York. Passed April 13, 1826. along the 1. BE it enacted by the People of the State of New-York, repre- Permanent sented in Senate and Assembly, That Tompkins-street, along the exterior street East river, as laid out and approved by the mayor, aldermen and East river commonalty of the city of New-York, shall be the permanent exterior street on the East river, between Rivington-street and TwentyThird-street, and East-street on the said river, between Grand-street and Rivington-street, as laid out and approved as aforesaid, shall be the permanent exterior street, as so laid out and approved; and that all grants made or to be made by the said mayor, aldermen and commonalty, shall be construed as rightfully made to extend thereto; and that all the provisions of the act entitled "An act to reduce several laws relating particularly to the city of New-York, into one act," passed April 9, 1813, and the several acts amendatory thereof, and in addition thereto, shall be construed to apply to said Tompkins-street and East-street. 2. And be it further enacted, That the second section of the act of the twenty-fifth February, one thousand eight hundred and twenty-six, hereby amended, be, and the same is hereby repealed. CHAP. 167. AN ACT to incorporate the Canajoharie Academy. Passed April 13, 1826. WHEREAS James German, Herman J. Ehle, Martin Roof, Nich- Preamble olas N. Van Alstine, Henry Lieber, Henry Loucks, Henry F. Cox, Corporation created Style and go neral powers Proviso Trustees General meet ing Election Officers and their associates have erected by voluntary subscription, a commodious building in the village of Canajoharie, in the county of Montgomery, for the purposes of an Academy, and petitioned for an act of incorporation: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That James German, Herman J. Ehle, Martin Roof, Nicholas N. Van Alstine, Henry Lieber, Henry Loucks, Henry F. Cox and John Attwater, and all such other persons as now are or shall hereafter become members of said association, shall be and hereby are constituted and declared to be a body corporate and politic, in fact and in name, by the name of "The Canajoharie Academy," and by that name they and their successors for ever hereafter, shall and may have succession, and by that name shall and may be persons in law, capable to sue and be sued, plead and be impleaded, answer and being answered unto, defend and be defended in all courts and places whatsoever; and they and their successors may have a common seal, and may change and alter the same at their pleasure; and shall be forever capable in law to purchase, take, receive, hold and enjoy any estate, real and personal, whatsoever, to the use of them and their successors; and to lease, sell, convey or otherwise dispose of the same at their will and pleasure, and as to them shall appear most advantageous for promoting the purposes of this incorporation; hereby confirming all grants or gifts heretofore made to the use of said association by any person or persons whatsoever Provided always, That the yearly income of such real and personal estate shall not at any time exceed the sum of five thousand dollars. 2. And be it further enacted, That there shall be forever hereafter fifteen trustees of the said corporation, who shall conduct and manage all the affairs thereof; and that the first trustees of said corporation shall be James German, Herman J. Ehle, Henry Loucks, Jacob Hees, George G. Johnson, George Spencer, Samuel Caldwell, Martin Roof, Henry Lieber, Henry Markell, Joshua Webster, Seth Wetmore, Lebbeus Doty, Phineas Randall, John R. Van Everea, Herry F. Cox and John Atwater, who shall hold their offices until the fourth Tuesday in April, eighteen hundred and twenty-seven, and until others shall be chosen. 3. And be it further enacted, That on the fourth Tuesday in April, eighteen hundred and twenty-seven, and yearly every year thereafter, on the fourth Tuesday in April, there shall be a general meeting of the members of said corporation, at some convenient place in the village of Canajoharie, to be fixed on by the by-laws of said corporation; and a majority of the members who shall so meet, shall elect by ballot seventeen trustees of said corporation for the year then next ensuing; and the said trustees shall have power to choose out of their own number a president, a treasurer and a secretary, who shall immediately enter upon the duties of their respective offices, and hold the same from the time of such election, for and during the space of one year, and until others are elected in their stead James German shall be the first president, Martin Roof the first treasurer, and Samuel Caldwell the first secretary of said corporation; and in case any of the trustees shall die, resign, refuse or neglect to act, then and in every such case, the remaining trustees shall and may, within thirty days thereafter, elect by ballot other trustees in their stead, who shall hold their offices from the time of their election until the fourth Tuesday in April then next ensuing, and until others shall be chosen in their stead: And provided always, That the said trustees at any of their meetings, shall have full power, and it shall be in their discretion to elect and appoint out of the members of said coaporation, an additional number of trustees not exceeding five. 4. And be it further enacted, That the trustees of said corpora- By laws tion may make all such by-laws, rules and regulations, and repeal, alter and amend the same from time to time, for the government of said corporation and its affairs, and for the management and disposition of the property and estate of said corporation, as they may deem expedient and most beneficial for the interest of the institution, and for the government and discipline of said academy, the course of studies to be pursued, the number of students, the terms and ages at which students will and may be received, the terms and conditions on which they will be dismissed or expelled; and for conducting all the concerns of the institution in order to carry into effect the objects of the corporation in the most advantageous and useful man. ner; and that said trustees shall have the power to call a general meeting of the members of the corporation in cases of extraordinary emergencies, who may adjourn from time to time; and that five of said trustees shall be a quorum for the transaction of ordinary busi ness. 5. And be it further enacted, That said trustees shall and may Instructors nominate and appoint instructors to take charge of the academy, under the care, superintendance and direction of said trustees; and also all such other officers and servants as they may think necessary; and allow and fix their respective compensations, and such instructors, officers and servants or any of them at their pleasure, dismiss and discharge, and appoint others in their stead; and may prescribe and regulate their number, style or names of office, and their respective duties, and all other matters relating to said officers, touching the welfare of said institution. 6. And be it further enacted, That any person who has hereto- Members fore contributed to any amount, or who shail hereafter contribute to the benefit of said corporation any sum not less than five dollars, shall be a member thereof, and be entitled to the privileges granted to members thereof by this act; and none others but such contributors to said institution, shall be deemed members thereof. 7. And be it further enacted, That in case it should at any time Election on happen that an election of trustees should not be made on the day any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause, or for any non-user, be deemed to be dissolved, but that it shall and may be lawful on any other day to hold an election for trustees in such manner as shall be provided by the by-laws of said corporation. 8. And be it further enacted, That this act shall be and hereby a public act is declared to be a public aet, and shall be construed beningnly and favourably for every beneficial purpose hereby intended; nor shall any non-user of the privileges hereby granted to said corporation, create and produce any forfeiture, and no misnomer of said corporation in any deed, grant, gift, demise, will or testament, or other instrument, contract or conveyance shall defeat or vitiate the same, if |