« SebelumnyaLanjutkan »
to be taken
$. And be it further enacted, That the president and directors, collector, or other officers elected or appojuted in manner aforesaid, 'shall not be liable to be sued or prosecuted, for any act done or committed by bim or them, in pursuance of this act, before any justice
of die peace residing out of the city of Hudson; and that no president Presidentand Hirectors to or director of the said company hereaster elected or chosen, shall be be allow d
ndajlowid any compensation for his services, as president or director no compensa
- of said company.
XI. And whereas the main or principal spring or fountaio belooging to the Hudson aqueduct company, is situated in a rock, and is thought by the people in the neighborhood to be in danger of being let out and destroyed by those who get or quarry stope adjoining to said fountain : Therelore,'be it enacted, That it shall and may be lawful for the president and directors of the aforesaid aqueduct com
pany, for the security of their fountains they now own or hereafter , may own, to take as much land adjoining to the said fountajos as they
may think proper : Provided, they make no use of the said land, Certain land exceptiug only as a security for those fountains ; and provided also, de appraisal. they pay the full value for the said lands, as it shall be appraised by
three reputable men, being freeholders, pot residing in the corporation of the city of Hudson, and not proprietors in the said aqueducts, and appointed by a judge of the court of common pleas of the said county, and not residing in the said city. And if any person or persons shall wilfully trespass and do any damage to the springs or fountails, or to the lands that are about or adjoining to the fountains,
and appropriated as aforesaid for the protection thereof, or do any Penalty for Injuring the act whatever, whereby any of the works of the said company, or pring... any part of such works, or any mat er or thing appertaining to the
same, shall be injured, the persop or persons so offending shall forfeit and pay to the said company treble the amount of the damages, to be recovered by the president and directors of said company, for the use of said company, with costs of suit, by an action of debt, in the supreme court of judicature of this state; which action shall in every
iostance be considered as transitory in its vature, and shall and may
- be triable in any, county in this staie : Provided nevertheless, that it it does not af- shall not be lawful for the said company to deprive any person of the
sting use of any fouutain or stream of water to which they were legally rights.
entitled before the passing of this act. .
Xii. And be it further enacted, That so much of the act, entitled 6 an act for the better regulating and protecting the aqueducts jo the city of Hudson," passed the 9th day of March, 1790, as is incosist. ent with the provisions of this act, be, and the same is hereby repealed.
AN ACT for the payment by this State of its quota of the direct
tas, laid upon the United States by an act of Congress, passed k fifth day of March, one thousand eight hundred and sixteen.
Passed March 25, 1816. BE it enacted by the people of the State of New York, represcried in Senate and Assembly, That this state shall and will pay isto the treasury of the United States of America, its quota of the drect tax laid upon the United States by the act of Congress, passed the fifth of March, one thousand eight bundred and sixteen, entitled - an act to reduce the amount of direct tax upon the United States and the district of Columbia, for the year one thousand eight hundred Asuming the and sixteen, and to repeal in part the act, entitled “an act to provide the U-Stator. additional revenues for defraying the expenses of government, and maintaining the public credit, by laying a direct tax upon the United States, and to provide for assessing the same," and the act, entitled " an act to provide additional revene for defraying the expenses of government, and maintaining the public credit, by laying a direct tax upon the district of Columbia," op or before the first day of May next, in pursuance of the provisions of said act; and that it shall be the duty of the Governor of this state, to give notice hereof to the secretary of the treasury of the Uoited States, on or before the first day of April next.
direct tax of
Passed March 29, 1816. BE i enacted by the people of the State of New York, represented in Senate and Assembly, That the present and future members of the united seciety called Shakers, shall, from and after the passing of this act, be, and they are hereby exempted from all mapper of military services within this state, and from any commutation in Kau thereof is time of peace.
AN ACT for the relief of the Children of the late Robert Ed.
Passed March 29, 1816. WHEREAS Robert Edmeston, late of the kingdom of GreatBritain, on the seventh day of June, one thousand seven hundred ad eighty-eight, in pursuance of an act, entitled " an act to naturalize Robert Edmeston," passed the sixth day of February, one thouSaod seven biodred and eighty-eight, became a naturalized citizen
of this state, and did by said act, and by a patent issued to said Robert Edmestoo, on the trenty-seveuth day of May, one thousand seven hundred and ninety-oue, became vested in fee with the title to certain lands, tenements and hereditaments within the same.
And whereas the said Robert Edmeston, intending to bring his family Preamble.
to this country in order to a permanent residence in the same, departed for Eogland, aod there clied in the year one thousand seren huodred and ninety-two, leaving three children, Samuel Barker Ed: mestou, Elizabeth Francis Edmeston, and Andrew Elmeston, his only heirs at law, then residing in the kingdom of Great Britain. And whereas Andrew Eames:o), one of the said children of the said -Robert Edmeston, now residing in the town of Olsego, in the county of Otsego, did, on the fourth day of February, in the year one thou. sand eight hundred and twelve, in pursuance of the laws of the United States, declare iu open court h.s intention to become a citizen of the United States. And whereas it is represcoted to the Legislature, that some contracts in relation to the lands the said Robert Edmeston became entitled to as aforesaid, have been made by lrim, or his re, presentatives or agents, with certain persons, which have not been fulfilled by ei her party to them, on account of the peculiar situation of the ti le of said lands, tenemeuts and hereditaments: Therefore,
I. BE it enacted by the people of the Sta'e of Nen-York, represented in Senate and Asseinhly, That the title of the said Robert
Edmestop to the lands, tenemenis and hereditaments whereof he died The title w she late seised in the state of New York, shall be, and the same is hereby R. Elm son vested in Samuel Barker Edmetor, Elizabeth Francis Edmestou vested in his children. and Andrew Edmestou. And that it shall and may be lawful for
the aforesaid persons, or any of them, to have and to hold the same, to his, ber or their heirs or assigns forever, apy plea of alienage to the coutrary notwithstauding. Provided always, that it shall cot be
lawful for the said Samlet Barker Edmeston, Elizabeth Francis On condition Edmeston and Andrew Edweston, or the heirs or assigns of any one no ient to be of them, being aliens, to reserve any rent or service whatsoever, Arserved.
upon any grant, lease, demise or conveyance wha:soever, to be made of any such lands, tenements or hereditameots; and all rents, payments, services or reservations » liatsoever, which shall be reserved or made payable in or hy, or in consequence of any such lands or
tenements, shall be utterly void and of po effect : Provided always, Convoyances an 1 this act is on the express condition, that the persous to whom the to be made to sci'ulseiten. tiile is hereby passed, shall duly convey to the actual setulers on the
said lands, so much thereof as is within their actual possession, on such terms as to compensation and time of payment, and the value
of the security to be given therefor, as the chief justice and surveyordecided by general shall, on a view of all the circumstances. deem reasonable chief justice
sicer and just. And provided also, that they shall pay all ench expenses and sui ve yor geueral. as have been incurred in the prosecution of the escheat of the said
lands as the said clief justice and surveyor general shall deçm reasonable.
II. And be is further cracled, That it shall be lawful for the Justices to justices of the peace in this state, to issue subpoenas to compel wit. was to appe's Desses to attend and give evidence before the commissioners mentioned
in the first section of this act, and on default of atten,'ance, such witpesses shall suffer the same penalties as are inflicted by the act,
Compensa tion to be
entitled “ad act for the recovery of debts to the value of twenty-five dollars," for default in attending the justice's court when sub pænaed, to be levied and collected in the same manner and for the same purposes, on complaint of any person aggrieved by such default. And further, that if any person, in any oath to be taken or inade under or io pursuance of this act, shall wilfully and knowingly affirm or swear falsely, the person so offending shall be liable to the same pains apd penalties, as those who are convicted of wilful aod corrupt perjury.
corrupt peruy Made perju.
ry. And it is liereby made the duty of the commissioners mentioned in the first section of this act, to require the person or persons applying to them for an examination of witnesses, to give reasonable notice to the No‘ice to be settlers of the lands bereip mentioned ; and that no examination of given to the witorsses be taken by them without satisfactory proof that such notice has been given.
AN ACT to incorporate the Ulica Insurance Company.
Passed March 29, 1816. WHEREAS it has been represented to this Legislature, that incorporating an Insurance company, which has been formed in the village of Utica, will tend to mitigate the awful calamities of fire, to give greater security to manufacturers, and more confidence to those who adventure their property on our vast navigable waiers. And whercas il doth appear, that these objects are laudable, and that a company promoting them in the interior of our country, where the profits must necessarily be small, should be liberally encouraged : Therefore,
I. BE il enacted by the people of the State of New York, represented in Senale and Assembly, That all such persons as now are associ. ated, or hereafter shall associate together for the purpose, shall be and hereby are constituted and di clared to be, from time to time, and at all times hercaster, from the passing of this act until the first Tuesday of July, which will be in the ycar one thousand eight hundred and thirty-six, a body politic and corporate, in fact and in pame, by the name of the “ Utica Insurance company ;” and that by the same Declared a name they and their successors, during the period aforesaid, shall and body corpomay have continual succession, and shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered uinto, defending and being defended, io all courts and places whatsoever, and 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 same name be capable of purchasing, holding and conveying any estate real or personal, for the use of the said corporation, in the convenient transaction of its business, and subject to the restrictions and conditions herein after contained.
II. And be it further enacted, That this corporation shall have full power and authority to make contracts of insurance, with any person or persons, body corporate or politic, against losses or damages by fire or otherwise, of any houses, or boats, ships, vessels, or build
ings whatsoever, and of any goods, chattels or personal estate whalWhat declar.
Clar: soever, and all kinds of insurance upon the inlaod transportation of ed to be subjects of insur goods, wares or merchandise, for such term or terms of time, and for
such premium or consideration, and under such modificatious and restrictions, as may be agreed on between the said corporation and the person or persons agreeing with them; and io general, of doing and performing in these operations, all the business generally per
formed by insurance companies; excepting therefrom, that this corRestricted
poration shall not engage in loaning any money upon bottomry and from loans.
respondeotia, por in making any iosurance upon any life or lives, by way of tontine or otherwise, nor io issuing any notes which grant or stipulate to pay annuities upon any life or lives; any thing which inay be in the practice or charter of any other ipsui ance company to the cootrary notwithstanding; and excepting farther, the restrictions
and prohibitions herein after contained. Concerns to III. And be it further enacted, That the stock, property, estate, be managed affairs and concerns of the said corporation, shall be managed and by directors.
conducted by directors; who shall, after the first election, be annually
elected on the first Tuesday of July in each year, and at such time Wbenichose
oren of the day, and at such place, as shall have been regulated by the by
laws of the company ; and the directors so elected, shall hold their How long offices for one year from the day ou which they are elected ; and tbey are e
public notice shall in each case be given, of the number of directors
to be elected, and of the time and place as aforesaid, not less than Notice to be fourteen days previously thereto, io one of the public newspapers given. printed in the village of Utica. And all elections shall be by ballot,
and the persons having the greatest pumber of votes, sliall be elected;
and each stockholder who may vote at any such election, shall be low elec. entitled to as many votes as he or she may possess shares of stock ol conducted. the said corporation ; and at every election, the stockholders may
vote either in person or by proxy; and the persons who may be chosen
to be directors, shall meet as soon as may be after every election, and President, choose out of their number one person to be president; and in case of bisw chosen.
the death, resignation, inability or refusa) to serve, of the president or any of the directors, the vacancy thereby occasioned in the number of the directors, may be supplied, for the remainder of the year in which it may happen, by the remainder of the directors for the time
being; and the number of directors of the said corporation, shall Dircetor to
never exceed nine persons, and they shall be stockholders of the said te stockhold
corporation, and citizens of this state.
IV. And be it further enacted, That a share in the said corpora. tiou shall be two hundred and fifty dollars, and the pumber of shares shall never exceed two thousand.
V. And be it further enacted, That if on any apuiversary day When 9-3ds of election for directors, the stockholders owning two-thirds of the of the stock whole amount of the stock subscribed to this corporation, shall vote cline business to discontinue the business of the said corporation, it shall be the restricted.
lors duty of the directors to cease forthwith from assuming any new ris!
of insurance, and from doing any new business, or operations of any kind whatever, exceptiog such as may tend to accelerate the closing of the concerns of the said corporation; and it shall further be the duty of the said directors, as soon as may be, to dispose of all the property of the said corporation, and to call in all parts of the funds