Responsibili ty Banking pro hibited Public act Preamble thorised to collect taxes in Bath to be computed from the first day of May next, complete the said dry or wet docks and basins, and other works and devices to be connected therewith, in the manner contemplated by this act, then this act, and the rights and privileges hereby vested in said corporation, shall cease and become null and void, any thing herein contained to the contrary notwithstanding. 11. And be it further enacted, That the stockholders of said corporation shall be holden responsible in their individual capacities, jointly and severally, for the payment of all debts contracted by the said company, to the nominal amount of the stock held by such stockholders respectively; and any person having any demand against the said company may sue any stockholder thereof singly, or any two or more stockholders thereof jointly, and recover in any court having cognizance thereof; but such suit shall not be maintained without proof that such demand had been presented to the president or treasurer of said company for payment, and the payment thereof neglected or refused; and the said company shall be . liable to be prosecuted as a corporation for any such demand. 12. And be it further enacted, That nothing in this act contained shall be so construed as to authorise any banking or insurance operations, or the purchasing, selling, discounting or loaning of any bonds, bills, notes, checks, or any negotiable paper whatsoever, nor in the purchasing or hypothecating of any bank or public stocks. 13. And be it further enacted, That this act shall be deemed a public act; but the rights and privileges hereby granted shall be deemed to be taken subject to the right of the legislature, hereafter to alter, modify or repeal the same. CHAP. 204. AN ACT for the Relief of Jared Spalding and Elisha Hanks. WHEREAS Jared Spalding and Elisha Hanks, on the 8th day of December last, executed a bond with one William Hamilton, collector of the town of Bath, in the county of Steuben, as sureties: And whereas the said William Hamilton hath neglected to make return and pay over the amount of taxes to the treasurer of the county of Steuben, which by law he was required to do, and has become insolvent: And whereas part of the said taxes remain uncollected: Therefore, E Hanks au 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Elisha Hanks, one of the said bail, is hereby authorised to collect all the taxes remaining due and unpaid on the tax list which was delivered to the said William Hamilton, as collector of the town of Bath, in the county of Steuben, in the month of December last, and shall have all such powers and authority for collecting said taxes as are vested in collectors in and by the act for the assessment and collection of taxes; and the said Elisha Hanks is hereby required, on or before the first day of June next, to make return of and account for all monies which may come into his hands as aforesaid, in the same manner as the said William Hamilton was directed to do by virtue of his warrant. accounts 2. And be it further enacted, That the treasurer of the said coun- Couuty treasu ty of Steuben be and he is hereby authorised and required to settle rer to settle the accounts of the said William Hamilton, as collector of the said town of Bath as aforesaid, and of the said Elisha Hanks, under this act, on or before the first day of June next, in the same manner as he might have done had the same been presented for settlement on the first day of February last, and shall, within twenty days thereafter, transmit to the comptroller the return of the arrears of taxes for the said town, and the comptroller is hereby authorised to accept of the same, and to proceed in the collection of the said taxes as in ordinary cases. 3. And be it further enacted, That all proceedings shall be stay- Proceedings ed against the said Jared Spalding and Elisha Hanks on their bond stayed as sureties as aforesaid, until after the first day of June next; and that nothing in this act contained shall be deemed to discharge the said Jared Spalding and Elisha Hanks from their said bond as sureties as aforesaid. CHAP. 205. AN ACT relating to the Lewiston School Fund. Passed April 15, 1826. ceive the fund to assign bonds, & 1. BE it enacted by the People of the State of New-York, re- L. Cooke and presented in Senate and Assembly, That Lathrop Cooke, Joshua others to re Fairbanks and Ashell Woodruff, be and they are hereby authorised to demand and receive from the comptroller of this state, all monies which have been funded or now remain in the treasury, belonging to the Lewiston School fund, and that the said comptroller is hereby required to draw his warrant on the treasurer for the same. 2. And be it further enacted, That the comptroller be and is Comptroller hereby required to assign to the said Lathrop Cooke, Joshua Fairbanks and Ashell Woodruff, all articles, bonds and other securities that remain unpaid, and belonging to the said fund as aforesaid : Provided, That before the comptroller shall be authorised to deliver the monies and assign the said articles, bonds and securities, the said Lathrop Cooke, Joshua Fairbanks and Ashell Woodruff, shall execute to the trustees of the corporation of the village of Lewiston and their successors in office, a bond with two or more sureties, to be approved of by the said trustees, in the penalty of fifteen thousand dollars, conditioned that they shall well and faithfully execute the duties enjoined upon them by this act, and shall produce to the comptroller a certificate, of the said trustees, that such bond has been executed pursuant to the provisions of this act, which bond shall be deposited with the clerk of the said corporation. Lewiston 3. And be it further enacted, That the said Lathrop Cooke, Commission Joshua Fairbanks and Ashell Woodruff, and their successors in of- ers of the fice, shall be known as the commissioners of the Lewiston school school fund fund, and as such shall be authorised to loan all monies which may Their powers come to their hands, belonging to the said fund; that on making and duties any such loan, the said commissioners shall take a bond to themselves as commissioners as aforesaid, and their successors in office, Proviso Not to ex ceed three in number Trustees to give bond secured by a mortgage on unincumbered real estate, of at least double the value of the sum loaned, exclusive of buildings, to collect all bonds and mortgages or other debts, which they may receive from the comptroller as well as others, which may accrue or be taken by them on making loans; and no such suit shall abate by reason of the death or removal from office, of any or all the said commissioners, to pay over from time to time to the trustees of the school or schools in the said village, all such sums of money as may be by them received for interest on loans, rents or otherwise, excepting the principal of the said fund; no part of which shall at any time be expended; to sell and dispose of or lease the lots belonging to the said fund, which remain unsold, on such terms and conditions as they judge most conducive to the interest of the said fund, and on receiving payments therefor in case of sales, to certify to the conmissioners of the land-office a description of the land sold, the price, the time when sold and the name of the purchaser or purchasers, and that the consideration money and interest hath been fully paid; and shall also certify in the like manner the payment of all bonds, mortgages or other debts, which they may receive from the comptroller; further, the said commissioners shall procure and keep suitable books and correct accounts of all things, touching the management of said fund; which books and accounts shall be open to the inspection of the inhabitants of the said village, at all reasonable times; and at the expiration of their several offices, each commissioner shall safely deliver to the remaining commissioner or commissioners, or his or their successors in office, all books, vouchers and papers in any wise relating to the said fund: Provided, That nothing in this act contained, shall be so construed as to prevent the commissioners of the land-office from making title to the purchasers of the lands so as aforesaid, to be sold in the same manner as if the said lands had been exposed to sale in the usual manner. . 4. And be it further enacted, That the said commissioners shall at no time exceed three in number, and shall hold their offices for two years, and until others shall be appointed; in case of vacancies by death, resignation or removal, such vacancies shall be filled, and all appointments hereafter shall be made by the governor and senate, in the same manner that other appointments shall he made, and all commissioners hereafter to be appointed, shall continue for two years, and until others shall be appointed, unless in cases of appointments to fill vacancies when the term shall expire, with that of the other commissioners. 5. And be it further enacted, That before the trustees of the schools in the said village shall be entitled to receive from the said commissioners any monies which by virtue of this act shall be payable to them, they shall execute a bond to the supervisor of the town of Lewiston, and his successor in office, in such penalty, and with such surety or sureties as the said supervisor shall approve, conditioned that such trustees shall faithfully apply the aforesaid monies towards the support and maintenance of a school er schools in the said village, for the benefit of the inhabitants of the said village who shall have resided therein at least six months, and shall render a just and true account of the expenditure of the said monies, to the said supervisor, or to his successor in office, when thereto required: And further, That before the said trustees shall be entitled to receive the said monies, they shall produce to the said commissioners a certificate under the hand of the said supervisor, certifying that such bond has been duly executed and delivered to him by the said trustees. prose of breach 6. And be it further enacted, That it shall be the duty of the To be said trustees of the corporation of the said village for the time be-cuted in case ing, in case of any breach of the condition of the bond of any of the aforesaid commissioners; and if the supervisor aforesaid, in case of a breach of the condition of the bond of any of the said school trustees, to sue for and recover in their respective names, on the said bonds, all damages which may have accrued by any such breach or breaches of the said bonds, to and for the use and benefit of the schools in the said village: further, that no such action shall abate by reason of the death or change of the said trustees or supervisor. Former acts 7. And be it further enacted, That the sixteenth section of the act entitled "an act to incorporate the Hannibal and Volney bridge repealed company, and for other purposes," passed April 15, 1817, and the act entitled "an act concerning common schools in the village of Lewiston," passed April 10, 1818, be and the same are hereby repealed. CHAP. 206. AN ACT concerning Courts in Ulster County. Passed April 15, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the present terms of the courts of common pleas and general sessions of the peace, of Ulster county, shall, immediately after the next June term thereof, be abolished; and instead thereof, the terms of said courts shall be held, and commence annually thereafter, as follows, that is to say: On the second Monday in January, a court of common pleas and general sessions of the peace; on the second Monday in April, a court of common pleas, but no jurors shall attend, unless summoned by order of said court, regularly entered on their minutes at the next preceding term; on the second Monday in June, a court of common pleas; on the second Monday in September, a court of common pleas and general sessions of the peace, but no grand jurors shall attend, unless summoned by order of said court, regularly entered on their minutes at the next preceding term, and duly proclaimed by the sheriff of said county, on the usual precept, as in similar cases is now by law directed; and the said sheriff shall make the like proclamation of the said January term. 31 Preamble Act revived Proviso responsible Proviso CHAP. 207. AN ACT to continue in force and amend the act entitled "An Passed April 15, 1826. WHEREAS the legislature did by an act passed the 16th day of February, 1811, incorporate Seth Capron, Newton Mann, Edward Barnard and others, by the name and style of the President and Directors of the Oriskany Manufacturing Company, for the purposes therein named: And whereas the said charter expired on the sixteenth day of February, one thousand eight hundred and twentysix, by a limitation contained in said act: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the above recited act be, and the same is hereby revived and continued in force for the period of five years from and after the fifteenth day of February, one thousand eight hundred and twenty-six, in the same manner as if the said act was herein fully recited: Provided always, That the capital stock of the said company hereafter shall not exceed the sum of one hundred thousand dollars, to consist of two thousand shares, of fifty dollars each; any thing in the said act hereby revived and amended, contained to the contrary notwithstanding: And provided further, That no call or demand shall hereafter be made on the shares of the capital stock of said company, without the consent of the persons holding two thirds of the shares of the stock in said company, first had and obtained. Stockholders 2. And be it further enacted, That the stockholders of the said company shall be held responsible jointly and severally in their individual capacities, to the amount of the stock held by them respectively, for any debts hereafter contracted by said company; and any person having any demand against the said company, may prosecute any stockholder thereof, separately, or any two or more of them jointly, and recover in any court having cognizance thereof: Provided, That no prosecution shall be commenced against any of the stockholders until the person or persons having such demand or demands shall have first prosecuted the directors, or such stockholders as were directors at the time when such debt or demand was contracted, to judgment and execution, to the end, that the stockholders who were directors at the time any debt or demand was created, shall be liable in the first instance: And provided further, That no such suit shall be sustained without proof that payment thereof had been demanded of the proper officer of said company, and refused or not complied with. Transfers 3. And be it further enacted, That the said president and directors shall keep a book or stock ledger, in which shall be entered the name of every stockholder, and the number of shares he, she or they may respectively hold in said company; and no transfer of stock shall be valid unless entered in said book, which said book shall, at all times during business hours, be open to the examination of the stockholders, and to every person the payment of whose debt |