the first Monday in May in every year hereafter; and that the said directors shall be elected on the first Monday of May, in every year her after, at such time of the day and at such place as a majority of the irectors for the time being may appoint; and public notice shall be given by the said directors, not less than thirty days previous to the time of holding the said election, by an advertisement to be inserted 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, either in their proper persons, or by proxy; and all elections shall be by ballot, each share of stock having one vote; and the persons who shall have the greatest number of votes shall be direc tors; and if it shall happen at any election, that two or more persons have an equal number of votes, so that no choice shall have been made as to such person, then the said stockholders herein before authorised to vote at such election, shall proceed by ballot a second time, and by plurality of votes, determine which of the persons so having an equal number of votes, shall be the director or directors, so as to complete the whole number of thirteen; and the said directors, as 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 vacancy shall be occasioned in their direction, by death, resignation or otherwise, the same shall be filled for the remainder of the year in which it may happen, by such person or persons as the remainder of the directors for the time being, or a First direc major part of them shall appoint; that Henry Post, Henry Storms, Daniel Fanshaw, Isaac Adriance, James A. Campfield, James H. Delamater, Enoch Wiswall, Charles Starr, Jacobus Dyckman, Jonathan Seymour, Samuel Osborn, Horace Holden and Francis Price, shall be the first directors, and shall hold their offices until the first Monday in May, in the year one thousand eight hundred and twenty seven, and until others shall be chosen; and that the major part of whom shall form a board for the transaction of business. tors Day of elec tion Power to make canal 3. And be it further enacted, That in case it should at any time happen, that an election of directors should not be made on the 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 of directors. 4. And be it further enacted, That the said corporation shall have full right, power and authority to cut, construct, and make a canal; the said canal to commence at or near the entrance of Harlaem creek, in the twelfth ward of the city of New-York, and to construct any number of basins in connection therewith, upon the land of said company, for the purpose of opening water communication, on and across the island of New-York, to the North river, at any point between ninety-fifth and one hundred and thirty-fifth streets, and for the purpose of supplying water for the manufacturing establishments which may be erected, and may also at any time hereafter, purchase, build or hire, for the use and in the name of the said corporation, houses, factories, ware-houses, wharves and other necessary buildings, boats or water craft; and to sell or lease any part or the whole of the above mentioned property, and also any water or surplus water of their canals and basins in such man ner as they may think most conducive to the interests of the said corporation: Provided, That the said company shall not take Proviso any laud against the consent of any owner or owners, and shall not break ground in the excavation of said canal or canals or basins, without the approbation and assent of the corporation of the city of New-York, nor until the corporation of the said city, shall decide on the quantity of lands or property necessary to be so taken, for the purposes aforesaid; and the assent of the corporation so had and obtained by this company, under the corporate seal of said city, shall be a warrant for proceeding with the construction of the said canal on land now owned by the said company, or on land hereafter to be conveyed to said company by voluntary conveyance. 5. And be it further enacted, That the capital stock of said cor- Stock poration shall not exceed three hundred and fifty thousand dollars; and that a share of said stock shall be fifty dollars; and it shall be lawful for the directors to call and demand from the stockholders respectively, all such sums of money by them subscribed, at such time and in such proportion as they shall see fit, under pain of forfeiture of their respective shares and all previous payments made thereon, if such payments be neglected to be made for the space of ten days after the same ought to have been made, and thirty days previous notice of said call and demand shall have been given agreeable to the provisions of this act. 6. And be it further enacted, That the directors for the time being, shall have power to make such by-laws, rules and regulations as shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of the said corporation, the rate and manner of collecting tolls and fares, the duties of the officers, artificers and servants by them employed, and all such matters as appertain to the concerns of the said corporation, with power to appoint such and so many officers, clerks and servants, for carrying on the business of the said company, and such allowances and salaries as to them shall seem meet. By laws 7. And be it further enacted, That if any person or persons Penalties shall wilfully do or cause to be done any act whatsoever, whereby the said works, or any matter or thing appertaining to the same, shall be impaired or injured, the person or persons so offending shall forfeit and pay to the said company treble the amount of the damages sustained by means of such offence or injury, to be recovered by said company, with costs of suit, and by action of debt in the supreme court of judicature of this state, which action shall in every instance be considered transitory in its nature, and may be triable in any county of this state. 8. And be it further enacted, That nothing in this act shall be Banking pro so construed as to permit the said company to employ any part of hibited its capital in banking, nor shall it issue any bond, note, bill of credit or other obligation; but this prohibition shall not be construed to prevent any contract that may be necessary for the purpose of constructing, repairing and conducting any of the works by this act contemplated. 9. And be it further enacted, That the stockholders of the said Responsibi! corporation shall be holden in their individual capacities responsible, ity jointly and severally, for the payment of all deb's contracted by the said company to the nominal amount of the stock held by such Proviso Stock trans ferable A public act Power to re peal Loans prohib ited Exclusive stockholders respectively; and any person having any demand against the said company, may sue any stockholder singly, or any two or more stockholders jointly, and recover in any court having cognizance thereof: Provided such suit shall not be maintained without proof that such demand had been presented to the proper officer of the said company for payment, and the payment thereof neglected or refused: And provided also, That the said company shall be liable to be prosecuted as a corporation for any such demand. 10. And be it further enacted, That the stock of the said corporation shall be deemed and considered personal estate, and shall be assignable and transferable, and that no transfer of stock in said company shall be valid, until such transfer shall have been registered in a book or books to be kept by the directors of the company for that purpose, which book or books shall at all reasonable times during the usual hours of transacting business, be open to the examination of any person having in his possession any demand against said company, the payment of which shall have been refused; and in case any officer of said company having charge of such books, shall refuse to permit the same to be examined as aforesaid, he shall for every such offence forfeit the sum of two hundred and fifty dollars, the one moiety thereof to the people of this state, and the other moiety to him who shall sue for the same by action of debt, in any court of record, together with costs of such suit. 11. And be it further enacted, That this act shall be deemed a public act, and shall be benignly and favorably construed, for all the purposes therein expressed and declared in all courts and places whatsoever. 12. And be it further enacted, That the legislature may, at any time hereafter, modify or repeal the whole or any part of this act. 13. And be it further enacted, That it shall not be lawful for the said corporation to issue any note, bond or bill, or to issue any check, draft or order for money for the porpose of loaning the same, or to use or exercise any power not expressly granted by this act, or any power not indispensably necessary to effect the object of the incorporation, and that any violation of this section shall be deemed a forfeiture of the rights and privileges of such corporation. 14. And be it further enacted, That nothing in this act containprivilege not ed shall be taken to give the corporation hereby created, any excluhereby grant sive privilege, or to prevent the legislature from granting like privileges to any other person or persons or body corporate. ed Time limite: to make canal Rights of oth ers 15. And be it further enacted, That unless the said canal shall be constructed within two years from the passage of this act, this act and the privileges hereby granted shall become null and void. 16. And be it further enacted, That nothing in this act contained shall be construed as authorising the company hereby incorporated to interfere in any way with the rights or privileges of any other incorporated company, or of any individual. CHAP. 318. AN ACT for the Payment of certain Officers of Government and other Persons therein named, and for other purposes. Passed April 18, 1826. 1. BE it enacted by the People of the State of New-York, rep- Clergy resented in Senate and Assembly, That there shall be allowed and paid by the treasurer, on the warrant of the comptroller, to each of the several clergy who shall have attended the legislature as chaplains during the present session of the legislature, three dollars per day for each day's attendance, to be certified by the president of the senate or speaker of assembly. journals 2. And be it further enacted, That the treasurer pay, on the Index to warrant of the comptroller, to the clerks of the senate and assembly, each the sum of fifty dollars, for making an index to the journals of the senate and assembly of this session of the legislature, when such index shall be approved of by the secretary of state. arnis and 3. And be it further enacted, That there shall be allowed Sergeants at and paid to each the sergeant-at-arms, door-keepers and assistant doorkeepers door-keepers of the senate and assembly, by the treasurer, on the warrant of the comptroller, three dollars for each day's attendance by them respectively, during the sitting of the senate and assembly, or of the court for the trial of impeachments and correction of er rors. incidental 4. And be it further enacted, That the treasurer shall pay, on Governor's the warrant of the comptroller, to the person administering the go- expenses vernment of this state, to defray the incidental expenses of administering the same, a sum not exceeding seven hundred and fifty dollars: Provided, he shall account with the comptroller for the expenditure thereof. 5. And be it further enacted, That the treasurer, on the warrant Messengers of the comptroller, pay to Richard Ten Broeck the sum of one dollar and fifty cents per day for each day his son Richard Ten Broeck, junior, has attended as a messenger for the house of assembly during the present session of the legislature, to be certified by the speaker: And further, That the like sum be paid to Gideon Harris, for the attendance of Arnold Harris, to be certified in like manner : And further, That the like sum be paid to Henry Weaver, for the attendance of Isaiah L. Weaver, as a messenger for the senate during the present session of the legislature, to be certified by the president of the senate. doorkeeper 6. And be it further enacted, That the door-keeper of the exe- Executive cutive chamber be allowed the same daily compensation as by this act is allowed to the respective door-keepers of the senate and assembly, for every day he shall have attended as such door-keeper, certified by the governor, and paid by the treasure on the warrant of the comptroller. 7. And be it further enacted, That the treasurer pay, on the war- s Hays rant of the comptroller, to Solomon Hays, two dollars for each day he has attended the house of assembly the present session of the legislature, to be certified by the speaker of the assembly. Rent and taxes Comptroller Clerks of senate and assembly Dep. clerks M Bovee and Att'y general 8. And be it further enacted, That the treasurer, on the warrant of the comptroller, pay from time to time, as the same shall become due, the rent and taxes of the house occupied as a residence, in the city of Albany, by the governor of this state. 9. And be it further enacted, That the treasurer pay to the comptroller eight hundred dollars for extra clerk hire procured by him during the present session of the legislature. 10. And be it further enacted, That the treasurer shall pay, on the warrant of the comptroller, to the clerk of the senate, the sum of three hundred dollars for extra clerk hire, and engrossing the journals of the executive proceedings, and the same sum to the clerk of the assembly for extra clerk hire and engrossing. 11. And be it further enacted, That the treasurer shall pay, on the warrant of the comptroller, to the deputy clerk of the senate, and each of the deputy clerks of the assembly, the sum of fifty dollars for extra writing and services rendered the committees and the members of the legislature. 12. And be it further enacted, That the treasurer pay, on the warrant of the comptroller, to Matthias I. Bovee, member of the assembly elect from the county of Montgomery, and Edward Suffern, member of assembly elect from the county of Rockland, the like pay and allowance for travel and attendance as members of the present legislature are entitled to by law, to be computed up to the day when they were respectively admitted to take their seats, by virtue of a resolution of the house of assembly. 13. And be it further enacted, That from and after the first day of May next, that instead of the salaries and compensations now allowed, there shall be allowed and paid to the attorney-general, an annual salary of one thousand dollars, and the further sum of six Dept compt& hundred dollars for clerk hire, and to the deputy comptroller and deputy secretary of state an annual salary of one thousand five hundred dollars each. dept secreta ry R Ten GH Barstow Ac'ts with A Andrews 14. And be it further enacted, That the treasurer pay, on the warrant of the comptroller, to Richard Ten Broeck, three dollars per day for each day he attended this house in the place of the assistant door-keeper during the absence of the sergeant-at-arms by leave of the house. 15. And be it further enacted, That it shall be the duty of the treasurer to pay on the warrant of the comptroller, to Gamaliel H. Barstow, late treasurer, fifty-eight dollars, being the amount of counterfeit bills received into the treasury by him and accounted for to the state. 16. And be it further enacted, That it shall be lawful for the comptroller to pay to the order of the person administering the government of this state, a sum not exceeding three hundred dollars, to defray any necessary expenses that may be incurred in the settlement of the accounts of this state against the United States, and in the sale of the fortifications to the United States. 17. And be it further enacted, That the treasurer pay on the warrant of the comptroller, to Amos Andrews two dollars per day for each day he has attended the senate or the court for the trial of impeachments and correction of errors, to be certified by the president of the senate, and that the sum of twelve dollars be allowed him |