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X. And be it further enacted, That the president and directors, collector, or other officers elected or appointed in manner aforesaid, 'shall not be liable to be sued or prosecuted, for any act done or committed by him or them, in pursuance of this act, before any justice of the peace residing out of the city of Hudson; and that no president directors to or director of the said company hereafter elected or chosen, shall be allowed any compensation for his services, as president or director of said company.

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XI. And whereas the main or principal spring or fountain belonging 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 stone adjoining to said fountain Therefore, be it enacted, That it shall and may be lawful for the president and directors of the aforesaid aqueduct company, for the security of their fountains they now own or hereafter may own, to take as much land adjoining to the said fountaios as they may think proper: Provided, they make no use of the said land, Certain land excepting only as a security for those fountains; and provided also, on appraisal. they pay the full value for the said lands, as it shall be appraised by three reputable men, being freeholders, not 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 fountains, or to the lands that are about or adjoining to the fountains, and appropriated as aforesaid for the protection thereof, or do any Injuring the act whatever, whereby any of the works of the said company, or any part of such works, or any matter or thing appertaining to the same, shall be injured, the person 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 instance be considered as transitory in its nature, and shall and may be triable in any county in this state: Provided nevertheless, that it it does not af shall not be lawful for the said company to deprive any person of the use of any fountain or stream of water to which they were legally entitled before the passing of this act.

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Xii. And be it further enacted, That so much of the act, entitled "an act for the better regulating and protecting the aqueducts in 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.

CHAP. XLIX.

AN ACT for the payment by this State of its quota of the direct tax, laid upon the United States by an act of Congress, passed the fifth day of March, one thousand eight hundred and sixteen. Passed March 25, 1816.

direct tax of

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That this state shall and will pay into the treasury of the United States of America, its quota of the direct tax laid upon the United States by the act of Congress, passed the fifth of March, one thousand eight hundred 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 Assuming the and sixteen, and to repeal in part the act, entitled "an act to provide the U-States. 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 revenue for defraying the expenses of government, and maintaining the public credit, by laying a direct tax upon the district of Columbia," on 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 United States, on or before the first day of April next.

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CHAP. L.

AN ACT for the relief of the people of the United Society called
Shakers.

Passed March 29, 1816.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the present and future members of the united society called Shakers, shall, from and after the passing of this act, be, and they are hereby exempted from all manner of military services within this state, and from any commutation in lieu thereof in time of peace.

CHAP. LI.

AN ACT for the relief of the Children of the late Robert Edmeston.

Passed March 29, 1816.

WHEREAS Robert Edmeston, late of the kingdom of GreatBritain, on the seventh day of June, one thousand seven hundred and eighty-eight, in pursuance of an act, entitled "an act to uaturalize Robert Edmeston," passed the sixth day of February, one thousand seven hundred and eighty-eight, became a naturalized citizen

Preamble.

The title

of this state, and did by said act, and by a patent is-ued to said Robert Edmeston, on the twenty-seventh day of May, one thousand seven hundred and ninety-one, 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 to this country in order to a permanent residence in the same, departed for England, and there died in the year one thousand seven hundred and ninety-two, leaving three children, Samuel Barker Edmestou, Elizabethi Francis Edmeston, and Andrew Edmeston, his only heirs at law, then residing in the kingdom of Great Britain. And whereas Andrew Edmesto, one of the said children of the said Robert Edmeston, now residing in the town of Otsego, in the county of Otsego, did, on the fourth day of February, in the year one thousand eight hundred and twelve, in pursuance of the laws of the United States, declare in open court his intention to become a citizen of the United States. And whereas it is represented to the Legislature, that some contracts in relation to the lands the said Robert Edmeston became entitled to as aforesaid, have been made by him, or his representatives or agents, with certain persons, which have not been fulfilled by ei her party to them, on account of the peculiar situation of the tile of said lands, tenements and hercditaments: Therefore,

1. BE it enacted by the people of the Stare of New-York, represented in Senate and Assembly, That the title of the said Robert Edmeston to the lands, tenements and hereditaments whercof he died of the late seised in the state of New-York, shall be, and the same is hereby R. Elston vested in Samuel Barker Edmeston, Elizabeth Francis Edmeston children. and Andrew Edmeston. And that it shall and may be lawful for

wested in his

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the aforesaid persons, or any of them, to have and to hold the same, to his her or their heirs or assigns forever, any plea of alienage to the contrary notwithstanding. Provided always, that it shall not be lawful for the said Samuel Barker Edmeston, Elizabeth Francia On condition Edmeston and Andrew Edmeston, or the heirs or assigns of any one no rent to be of them, being aliens, to reserve any rent or service whatsoever, upon any grant, lease, demise or conveyance whatsoever, to be made of any such lands, tenements or hereditaments; and all rents, payments, services or reservations whatsoever, which shall be reserved or made payable in or by, or in consequence of any such lands or tenements, shall be utterly void and of no effect: Provided always, Conveyances an this act is on the express condition, that the persons to whom the actalsettlers, title is hereby passed, shall duly convey to the actual settlers 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 Compensa of the security to be given therefor, as the chief justice and survey ordecided by general shall, on a view of all the circumstances. deem reasonable chief justice and just. And provided also, that they shall pay all such expenses as have been incurred in the prosecution of the escheat of the said lands as the said chief justice and surveyor general shall deem reascnable.

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II. And be it further enacted, That it shall be lawful for the Justices to justices of the peace in this state, to issue subpoenas to compel wit. was to appear nesses to attend and give evidence before the commissioners mentioned in the first section of this act, and on default of attenance, such witnesses shall suffer the same penalties as are inflicted by the act,

Made perju

entitled "an act for the recovery of debts to the value of twenty-five dollars," for default in attending the justice's court when subpoenaed, to be levied and collected in the same manner and for the same purposes, on complaint of any persou aggrieved by such default. And further, that if any person, in any oath to be taken or made under or in pursuance of this act, shall wilfully and knowingly affum or swear falsely, the person so offending shall be liable to the same pains and penalties, as those who are convicted of wilful and corrupt perjury. And it is hereby 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 Notice to be settlers of the lands bercin mentioned; and that no examination of given to the witnesses be taken by them without satisfactory proof that such notice has been given.

ry.

settlers.

CHAP. LII.

AN ACT to incorporate the Utica Insurance Company.
Passed March 29, 1816.

And

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 waters. whereas it 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,

Preamble:

Declared a

rate.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That all such persons as now are associ ated, or hereafter shalt associate together for the purpose, shall be and hereby are constituted and declared to be, from time to time, and at all times hereafter, from the passing of this act until the first Tuesday of July, which will be in the year one thousand eight hundred and thirty-six, a body politic and corporate, in fact and in name, by the name of the "Utica Insurance company;" and that by the same name they and their successors, during the period aforesaid, shall and body corpo may have continual succession, and shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in 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

What declar.

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ings whatsoever, and of any goods, chattels or personal estate whated to be sub- soever, and all kinds of insurance upon the inland transportation of jects of insur- goods, wares or merchandise, for such term or terms of time, and for such premium or consideration, and under such modifications and restrictions, as may be agreed on between the said corporation aud the person or persons agreeing with them; and in general, of doing and performing in these operations, all the business generally performed by insurance companies; excepting therefrom, that this corporation shall not engage in loaning any money upon bottomry and respondentia, nor in making any insurance upon any life or lives, by way of tontine or otherwise, nor in 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 insurance company to the contrary notwithstanding; and excepting farther, the restrictions and prohibitions herein after contained.

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III. And be it further enacted, That the stock, property, estate, be managed affairs and concerns of the said corporation, shall be managed and 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 of the day, and at such place, as shall have been regulated by the bylaws of the company; and the directors so elected, shall hold their How long offices for one year from the day on which they are elected; and 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, in one of the public newspapers printed in the village of Utica. And all elections shall be by ballot, and the persons having the greatest number of votes, shall be elected; and each stockholder who may vote at any such election, shall be entitled to as many votes as he or she may possess shares of stock of 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 choose out of their number one person to be president; and in case of the death, resignation, inability or refusal 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 be stockhold never exceed nine persons, and they shall be stockholders of the said corporation, and citizens of this state.

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IV. And be it further enacted, That a share in the said corporatiou shall be two hundred and fifty dollars, and the number of shares shall never exceed two thousand.

V. And be it further enacted, That if on any anniversary day When 2-3ds 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 eline business to discontinue the business of the said corporation, it shall be the the directors duty of the directors to cease forthwith from assuming any new risk of insurance, and from doing any new business, or operations of any kind whatever, excepting 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

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