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benefit of the

setary and expedient to purchase in of the estate of the said Jo. To purchase eph Gasherie, by virtue of the sain judgment, and subject to the Joseph Gost aid judgment, in trust nevertheless, and for the sole use of the peo- eric for the ple of this state, and until a beneficial sale thereof may be effected; state. and themes arising from such sale or sales, to pay over into the To pay over

. all monies intreasury of the said county, for the use of the people of this state; i

to the treauand upon such payment to be immediately paid over by the said ry of the

state. traurer into the treasury of his state: And the said supervisors and teir successors in office, shall be and hereby are declared to be indritually liable and accountable for the due and faithful performIce and execution of the said trust; and that upon a final settlement

the said jn Igment and sale of the said real estate, and payment of de avails thereof as aforesaid, the said corporation shall cease and be dissolved; Prorid d, That the said supervisors shall make such Provided

that sale is sale and settlement within five years from the passing of this act made within

five years.

CHAP. XLVIII.

AN ACT to incorporate the Hudson Aquecluct Company.

Passcd March 22, 1818. WHEREAS the proprietors of the aqueduct in the city of Hud20, haře, by their petition, represented ihat the laws relative to the xid aqu-dnct, now in foree, have been found by experience insufficient for the due regulation and management of the same, and have therefore prayed an act of incorporation, whereby they may be the better enabled to supply the inhabitants of the said city with water: Therefore,

I. BE à enacted by the people of the stale of New-York, represented in Seate and Assembly, That Robert Jepkins, William Jolasen, Judah Paddock, Ebenezer Comstock and Gayer Gardner sad others, their present and future associates, their successors and assigns, be and they are bereby created and declared to be a body corporate and politic, in fact, by the name of “ The President and Directors of the Hudson Aqueduct Company;" and by that name may have perpetual succession, and shall in law be capaHe of sing and being sued, ia all courts and places whatsoever, and a haye a common seal, with power to alter the same, and by the frame and style aforesaid, capable of purchasing and holding such Taal property as shall be necessary to attain the object of this incorporation; Provided, such real estate shall not exceed in value ten thousand dollars.

II. And be a further enacted, That all property, real and per. Gal, Fested in the Hudson aqueduct company, in virtue of the act icorporatiog them, or any other act, shall be and hereby is travsferred to aod vested in the company hereby created; that the capital tack of the said company shall not exceed fourteen thousand dollars,

be divided in four hundred shares, of thirty-five dellars each; Capital diat the present stockholders of the Hudson aqueduct comproy, shall vided in 400 ficelé a hundred shaies of the said capital stock, and shall be credied ih the sum of thirty-five dellars upon each share by them respectirdly held; and the said prosident and directors may open

a book for subscribing the remaining two hundred shares, in such 14 days notice manner as they may direct, giving at least fourteen days notice in the o subscrip, newspapers printed in the city of Hudson, of the time and place of tion given.

sub:cription, and continue the same open until the said two hundred shares shall be subscribed, and may direct the payment of the sum of thirty-five dollars on each share subscribed, at such times and in such proportions as they may from time to time order, giving the

like ivice of such payments : Provided however, that the present The Hudson siehhilders of the Huilson aqueduct company shall have the excluconp sy to sive right and privilege of subscribiug for the said two hundred bave the right of subscribing

shars, or such part thereof as ihey may think proper, at any time nor excerding within six days alier the book is open for subscriptiou; Providad, 200 shares.

that no stoi klekler shall have the privilege to subscribe for more shures than he pow holds, until after the aforesaid six days expire.

III. And ie it further enactid, That the stock, property, ilterest and concerus of the said company, shall be managed and conducted by five directors, being stockholders and inhabitants of the said city of Ilud-on, a majority of whom shall form a board, and

who shall hold their office for one year; and the said directors shall 5 directors to be elected on the first Mon ay in May in each and every year, the first Mon: excrpting the ensuing first Monday in May, at such time and place day in May. within the said city as the directors for the time being shall appoint;

where of public notice shall be given by the said directors, in one or more of the public newspapers printed in the said city, or by putting up such public notice in a least four of the most public parts of the said city, at least three weeks immediately preceding the time of holding auch election; and the said election shall be held by the said directors, or by such one or more of them as they shall appoint, and shall be made by such of the stockholders as shall attend in their proper persons or by proxy, and each share shJl be entitled to one

vote; all electious shall be by ballot, and the five persons who Elections to sh. i have the greatest number of voles at any election, shall be the be by bellot.

directors; and in case any two or more persous shall at any such election have an equal number of votes, in such manner that a greater mimber of persons than five shall by a plurality ef votes appear to be chosen as directors, then the said stockholders herein before authorised to voie at sich elections, shall proceed to ballot a second time, and by plurality ol votes determine which of the persons so having an equal oumber of votes shall he the director or directors, so as to complete the whole number of five; and the said directors, as soon as may te after their election, shall proceed to elect one of their dumher to b thrir president; and if any one or more of the said directors shall die, resiun, or move from the said city, before the expiration of the year for which he or they shall have breelecier, his or their place or places shall be filled by such person or persons as shall be elected for that purpo-e, hy the remainder of the

directors or a majority of them And the first directors of the said Director:

company shall be Rober: Jenkins, William Johnson, Jab Pandeck, Lained. Ebenerer Comstock and Gayer Garduer, and shall hold their offices

until the first Monday in May, in the year one thousand eight hundred and seventeen; and in case it shall at any time happen iba' au election of directors should not be made on any day when, pursuani to this act, it ought to have been made, the corporation shall not for

dollers,

that cause be deemed to be dissolved; but it shall and may be law. ful for the directors last chosen to order an election to be held on any other day within three months thereafter, of which public notice shall in like mapper be given at least twenty days preceding the time of holding the same.

IV. And be it further enacted, That the said directors so to be chosed, shall have power to elect and appoint one discreet person for their clerki and treasurer, and one discreet person for their collector, and such other agents as may be necessary to carry into effect the objects of this incorporation; to make aod ordain ali sucb by-laws, To make ordinances, rules and regulations, relative to the said aqueducts, as by-laws they may deem proper and necessary, for the superintendance, regulation and mauagement of the same, and of such as may be added thereto; and for the alteration, preservation and reperation thereof; and relative to all other property, interest and concerns of the said company. And the said president and directors may ordain and prescribe such fines and penalties for the breach or non-performance of any of the sail by-laws, as to them shall seem proper, which fipes and penalties shall not exceed in any one case the sum of twenty-five penalti noe dollars ; and all fines and penalties which shall exceed the sum of to exceed 25 two dollars and fifty cents, may be recovered by the president and directors, in their name, for the use of the said company, by action of debt or information, in any court within the city of Hudson having cognizance thereof; and all fines and penalties, not exceeding the sum of two dollars and fifty ceuts, shall and may be collected by the collector, in the same manner and by the same process as the collector

Fines del

leeted, shall collect the rate or tax on water, as hereafter regulated in the sixth section of this act, for the use of the said company: Provided, such by-laws be not cootrary to, or inconsistent with the constitution and laws of this state or of the United States.

V. And be it furthor enacted, That it shall and may be lawful for the president and directors of the said company, and their superintendants, artists, workmen and laborers, with carts, waggens and other carriages, with their beasts of draft and burthen, and all necessary tools and implements, to enter upou any lands, streets, lanes, alley, turnpike roads, public grouud or highways, in the said city of Hudson, to dig the ground, lay dowo, alter and repair the said aqueducts, doing as little damage thereunto as possible, and repairing and meuding any breaches or other injury they make or commit to such lands, streets, lanes, alley, public grounds, turnpike roads or highways, and to dig up, tear down and remove any trees, bushes or shrubs, the roots of which shall injure the said aqueducts, or obstruct or impede the free passage of the water in and through the To remove same ; and it shall be lawful for the president and directors, or their obstacles that

* may be in the agents, to kill and destroy any tree, shrub or bush, that is planted or way of the found growing on any private ground within forty feet of the aque-Aques ducts : Provided always, that po public street, lano or highway shall No publie be dug into, or in any wise injared or defaced, without the permission Street. to be of the common council of the city of Hudsou for that purpose first out the con had and obtained : And provided also, that damages done on any

sent of the

oue 09 aly som, council. lands by said company, or their agents, shall be estimated and ap. praised by three indifferent persons, not being stockholders in the Damage to

e be appraitor said company, or iphabitants of the said city, under oath or affirm

dugintowith

water.

enter com

ation, to be appointed by a judge of the court of common pleas'ust residing in the city of Hudson, on the application of the said president and directors, or the party aggrieved ; which damages, when as: essed by the said appraisers or any two of them, shall be forth with paid by the said company, to the owners of such lands ; and for the recovery of which, such owner may, aller demand and refusal, have his action of debt in any court of competent jurisdic. tion.

VI. Ani be it further enacted, That it shall be lawful for the said president and directors to impose on the inhabitants of the city of Hudson, who shall use the water of the aqueducts, such an annual

rate or tax as shall produce to the stockholders of the said company Amount of an annual dividend of nine per cent. on the mouey by theni actually ras for the expended in the inaking, laying down and repairing the said aque

ducts, together with such sums as they may think proper to allow to their collector, clerk and treasurer, agents and superintendants; and if any inhabitants of the said city, using the water of the said aqueduct, shall neglect or refuse to pay such rate or tax as shall be imposed by the president and directors, for the use of the said water, by and for the space of three days after the demand made at his or

her dwelling.house or last residence, it shall be the duty of the colnot paid, lector of the company immediately thereafter to enter complaint colletos to

thereof in writing, to a justice of the peace in the said city of Nudplaint.

son, who shall issue a warrant under his hand and seal, directed to

any constable of said city, and commanding him forhwith to levy Levying the tax

and collect the said rate or tax, together with the costs, of the goods and chattels of such person or persons, who shall so negle: t or refuse to pay the same, and to returo the said warrant within ten days; for which services the justice shall receive twenty-five cents, and the constable shall .eceive the same fees as are allowed for like services by the act, entitled " an act for the more speedy recovering debts to the value of twenty-five dollars;" provided the said cosis shall pot exceed two dollars and fifty cens ; and it shall be the duty of the said constable to make sale of the said goods and chattels of such delinquent, if any can be found, before the return day of the said warrant, giving three days public notice of the time and place of such sale, and to make return of the said warrant as he shall be therein cemmanded; iu default of which, he shall be deemed liable to pay the said rate or tax and costs, and may be sued for the same by the president and directors, in an action of debt, in any cour having cognizuce thereof : And be it further provided, that after the whole capital stock of the said company that shall be subscribed and expen«led, in the reparation, alteration or extension of the said aqueducts, it shall and may be lawful for the said president and directors to assess on the inhabitants using the water of the said aqueducts, in additiou to the tax or rate before mentioned, and the wages and salaries paid their collector, clerk, agents and superintendants, all and every sum or sums of money annually by them expended, in the reparation alteration or extension of said aqueducts, and collect the same in the manner as is herein before directed.

VII. And be it further enacied, That the said clerk, treasurer Oficers to Takze an oath, and collector, when chosen in the mapper aforesaid, shall respectively,

before they enter upon their respective offices, take and subscribe,

before the mayor or the recorder of the said city of Finelson, who are hereby authorised to administer the same, au oath or aflirtation, well and faithfully to execute their respective trusts and offices, according to the best of their skill and understaoding; which said clerk, treasurer and collector, so elected, chosen and qualified, shall continue in their respective offices until others be duly chosen and qualified in their respective places. And the said president and directors may, by ordinance or by-law, direct the same oath or affirmation to be in like manner administered to any other agent whom they may hereafter constitute and appoint, ia pursuance of this act.

VIII. And be it further enacted, That the said clerk and treasurer, so to be chosen and qualified as aforesaid, shall, as clerk Clerk & treas of said company, keep the minutes of, and record all the votes and arer to keep

the minutes elections of the said company, and all the ordinances, by-laws, reso- books, Se, lutions, transactions and proceedings of the president and directors, and shall keep a proper book, io which he shall duly enter the oames of all the stockholders of the said company, together with their several and respective rights or shares of, in or to the said aqueducts, according to such by-law or rule as the said president and directors shall or may hereafter prescribe and direct for such purpose, and shall also duly enter in the same book every transfer or assigoment inade, og hereafter to be made, of any right or share of, in or to the same aqueduct, according to such rule or by-law as the said president and directors may hercaiter prescribe and direct for such purpose, which entry, so to be made by the said clerk, shall be deemed evidence of such transfer or assignment. And no person shall be considered a stockholder of the said company, after the space of six months from the passing of this act, until the evideoce of his right or share shall be entered as aforesaid. And the said clerk and treasurer, as treasurer of the said company, shall keep a book, in wbich he shall enter all receipts, advances and expenditures, of all sum"; of money by him received, advanced or paid out, according to the orders and directions of the said president and directors: And the said clerk ap: treasurer shall likewise do and perform all other duties lawfully committed to him by any law, 'rule or ordinance, to be made in pursuance to this act by the said president and directors.

IX. And be it further enacted, That all lawful agreements, votes and proceedings, made, had or done by the proprietors of the said Allacts of the

4 former aque. aqueduct, and entered upon their records, concerning the said aque- duct compe ducts, shall be considered valid and obligatory among the said stock- ny valid. holders, and bioding upon all, each and every of them; and all lands and other property, belonging to and owned by the said proprietors, being part of the stock of the said company, shall be, and the same are hereby declared to be, vested in the said presideut and director's, for the use and benefit of the said company: And all sales, trausfers, Former sales,

&e. valide leases, assignments, deeds, or other conveyances of lands or other property, heretofore made or executed by the proprietors of the said aqueducts, or by the inspectors thereof, in their bebalf, or by any other person or persons, as trustees for them, shall be considered, and they are hereby declared to be, as valid and effectual in law as if the same had been made and executed by the said president and directors in pursuance of this act.

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