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CHAP. CXII.

AN ACT to appoint commissioners to designate the site for a court house and gaol in the county of Hamilton.

Passed March 28, 1817.

I. BE it enacted by the people of the tate of New-York, represented in Senate and Assembly, That John Fay, John Watts Cady Commission and Peter Brooks, junior, be and they are hereby appointed commissioners for designating the site for a court house and gaol, to be erected in the county of Hamilton; and that the said commissioners shall, previous to the first day of October next, repair to the said county, and, after exploring the same, ascertain and determine by writing, under their hands and seals, to be filed of record in the clerk's office of the cou.ty of Montgomery, a fit, convenient and proper place, in said county, for erecting said court house and gaol; and the said commissioners are hereby authorised to purchase so To purchase land for site. much land as shall be necessary for the purpose of erecting said court house and gaol, not exceeding one acre, and to procure a good and sufficient title for the same to the supervisors of the county of Hamilton, and their successors in office, for ever, in trust, for the sole use and benefit of the inhabitants of said county; which deed or conveyance, after being duly recorded, shall be deposited with the clerk of the county of Montgomery: Provided, That any two of said commissioners, in case of non-attendance of the other, shall be competent to discharge the trust aforesaid, and the concurrence of a majority of the said commissioners shall be final and conclusive in the premises.

Proviso.

Their pay.

raised.

II. And be it further enacted, That the said commissioners shall receive at and after the rate of two dollars per day, for each and evMoney to be ery day they shall be employed in executing the trust aforesaid; and in order to defray the expenses to be incurred in the execution of this act, it shall be the duty of the supervisors of the county of Montgomery, and of the towns in the county of Hamilton, at their next annual meeting, to direct to be levied and raised, on the freeholders and inhabitants of the said county of Hamilton, such sum or sums of money as they may deem necessary for the purposes aforesaid; and the treasurer of the said county of Montgomery is hereby authorised and required to pay the same out of auy monies to be levied and raised as aforesaid, which may be in the treasury.

CHAP. CXIII.

AN ACT to incorporate the auxiliary New-York bible and com mon prayer book society.

Passed March 28, 1817. WHEREAS Edward N. Cox, William E. Dunscomb, Floyd Smith, John Watts, juo. Ferris Pell and others, have formed themselves into a society, under the name and style of "the auxiliary New-York bible and common prayer book society," for the purpose

of the gratuitous distribution of the holy scriptures, and the book of common prayer, and have by their petition to the legislature, prayed to be incorporated, in order the better to promote the above laudable purposes: Therefore,

Common sent

real estate.

Proviso.

Board of

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, or hereafter may become members of the said society, shall be and hereby are ordained, constituted and appointed a body politic and Incorporated corporate, in fact and in name, by the name of " the auxiliary NewYork bible and common prayer book society," and that by that name they and their successors shall and may forever thereafter have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, in all courts and places whatsoever, in all manner of action and actions, suits, matters, complaints 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 also that they and their successors, by the name of "the auxiliary New-York bible and common prayer book society," shall be in law capable of purchasing, holding and conveying any real or per- May hold sonal estate for the use of the said society: Provided always, that such real and personal estate shall not at any time exceed the annual value of six thousand dollars; and that for the better carrying into execution the objects of the said society, there shall be a board of managers, all the members of which shall be lay-meu, and which shall consist of one president, three vice presidents, one correspond- managers. ing secretary, one recording secretary, one treasurer, one agent and eighteen other members, making in all twenty-six; that the officers of the board shall be equally officers of the society, and the said managers and officers shall hold their offices for one year, or until others are chosen in their room, and shall be elected on the festival of the conversion of St. Paul, or on the following day, if that festival fall on Sunday, or at such other time and place, and in Their ele❤ such manner as the said society, at a regular meeting thereof, shall from time to time appoint and direct; and that in case any vacancy should happen in either of the said offices, by death, resignation or otherwise, such vacancies shall and may be filled up for the remain- Vacancies. der of the year, in which they shall happen, by an election of the board of managers, to be held in such manner, and at such times and places, as the said board of managers may appoint and direct; and that Edward N. Cox, Guy C. Bailey, Gerardus A. Cooper, Floyd Smith, Benjamin Haight, William Onderdonk, jun. I. Smith Manager Rogers, Thomas N. Stanford, Clement C. Moore, Edward R. Jones, William E. Dunscomb, John Watts, jun. John H. Hill, Anthony Barclay, Alexis P. Proal, William H. Harrison, Charles Keeler, Luther Bradish, Cornelius R. Duffie, David A. Clarkson, Duncan P. Campbell, Louis Loutreel, Ferris Pell, John Anthon, Charles Nichols and Benjamin W. Rogers, shall be the first managers of the said society, and that Edward N. Cox, shall be the President & president, Guy C. Bailey, the first vice president, Gerardus A. other offers Cooper, the second vice president, Floyd Smith, the third vice president, Benjamin Haight, the corresponding secretary, William Onderdonk, jun. the recording secretary, I. Smith Rogers, the treasurer, and Thomas N. Stanford, the agent thereof, until the next day

tion.

By laws.

on which the festival of the conversion of St. Paul shall fall, or until others shall be chosen in their stead.

II. And be it further enacted, That the said corporation and their successors, shall have power to make and establish such bylaws rules and regulations, as they from time to time shall judge proper, for the election of their officers, for the election or admission of new members of the said corporation, and also, for the management and disposition of the stock, property, estate and effects, for the purpose of carrying into effect the objects of the said society, and for fixing the times and places of the meetings of the society, for regulating the manner of conducting their business when met, and touching the duties and conduct of the officers of the said corporation, and all such other matters as appertain to the business and purposes for which the said corporation is by this act constituted, Proviso. and for no other purposes whatsoever: Provided always, that no regulations shall be made, in any way to control the religious principles or affect the rights of conscience of any person whatsoever: And provided further, that such by-laws, rules and regulations, be not repugnant to the constitution or laws of the United States, or of this state.

III. And be it further enacted, That at every ordinary or extraordinary meeting of the said society, when five members are met, Five may do they shall have power to adjourn from time to time, and when fifteen business. are met, they shall have full power to do and transact all the busiLike associa. ness thereof; and that the said corporation shall be and endure for tions may be twenty years; and that this act shall be a public act, and shall be construed favorably, in all courts and places, for every purpose therein intended.

formed.

IV. And be it further enacted, That whenever any five or more persons, being inhabitants of this state, shall at any time hereafter associate themselves, for the laudable purposes mentioned in this act, it shall be lawful for them to choose the officers contemplated by this act, and thereupon to file in the office of the secretary of this state, a description of the said association, by their corporate name, and upon filing such certificate they shall be entitled to all the benefits, privileges and immunities, and be subject to all the rules, regulations and restrictions mentioned and expressed in this act.

Freamble.

CHAP. CXIV.

AN ACT authorising the building a toll bridge over the Oswego

river.

Passed March 28, 1817.

WHEREAS, by an act of the legislature of this state, passed June 19th, 1812, authority was given to Matthew M'Nair, and others his associates, to build a toll-bridge over the Oswego river: And whereas, for reasons not in the power of the grantees to control, the charter for the said bridge did expire on the 19th day of June, 1815: And whereas Barnet Mooney, Richard Fally, Cyril Wilson,

Asa Dunton, Amos Fields and others, have, by petition, prayed a revival of the grant aforesaid, to themselves, their heirs and assigns: Therefore,

rate.

Their power

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That Barnet Mooney, Richard Falley, Cyril Wilson, Asa Dunton, Amos Fields, and all other persons who shall associate for the purpose of erecting a toll bridge over the Oswego river, below and not to exceed one mile from the Oswego falls, Declared a shall be and are hereby made a corporation, in fact and in name, body corpoby the name and style of the Oswego union bridge company," and by that name they and their successors shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of suits, actions and causes whatsoever; and that they and their successors shall be in law capable of purchasing, holding and conveyancing any estate, real and personal, for the public use of the said corporation: Provi- Provis ded, that the whole estate of the said corporation does not exceed the sum of ten thousand dollars, and shall not consist of more than four hundred shares, each of which shares shall be but twenty-five dollars: And provided further, that the said corporation shall in no wise build or commence to build the said bridge, until they shall have contracted with and satisfied the owners of the land on each side of the said river, for liberty and permission so to do.

Commission.

Shares

II. And be it further enacted, That Richard Falley, Cyril Wilson and Asa Dunton, be and they are hereby appointed commission- ers appointers to do and perform the several duties hereinafter mentioned, that ed. is to say, on or before the first Tuesday of September next they shall procure three books, and in each of them enter as follows: "We, Their duties. whose names are hereunto subscribed, do, for ourselves and our legal representatives, promise to pay to the union bridge company the sum of twenty-five dollars for each share set opposite to our respective names, in such manner and proportion, and at such times and places, as shall be determined by said company; one of which books shall be left with each of the commissioners, who shall keep the same open for the purpose of receiving subscriptions; and the said commissioners shall, as soon as two hundred shares shall be subscribed, cause an advertisement to be put up in at least five public places in the towns of Hannibal and Volney, giving at least three weeks notice of the time and place the said subscribers shall meet for the purpose of choosing five directors, who shall be stockholders, for the purpose of managing the concerns of said company for one year, and the day for choosing the said directors shall be forever thereaf ter the anniversary day of choosing directors, unless otherwise directed by the by-laws of the company; and every three of the said Three a quodirectors shall be a quorum, and capable of transacting the business rum. of said company; and every act of the majority of the said directors, so me, shall be binding on the said company; and the directors shall choose one of their number for their president, one of their president, number for their treasurer, and another of their number for their treasurer Secretary. secretary; and the said president and directors may meet from time to time, and at such places and times as they shall think proper, and shall have power to make such by-laws, rules orders and regu

Directory.

To choose

Their power

Each share one vote.

Accounts.

ferable.

lations, not inconsistent with the constitution of this state or of the United States, as shall be necessary for the well ordering the affairs of the said company, and shall also have power to make by-laws prescribing the time, place aud manner of choosing directors for the said company; and that each stockholder shall be entitled to one vote for each share of the stock of the said company which he may

own.

III. And be it further enacted, That the president and directors of the said company shall, at the next annual election for directors, lay before the stockholders of the said company a general statement of their accounts and proceedings, which statement it shall be the duty of the president to lodge with the treasurer, at least ten days previous to the annual meeting, for the inspection and examination of the stockholders.

IV. And be it further enacted, That the shares of the stock of Shares trans the said company shall be deemed personal estate, and shall and may be transferable, and a certificate of such transfer shall be recorded by the secretary of the said company, in a book to be kept by him for that purpose.

Three years allowed.

Width of the bridge.

Toll.

Subscriptions binding.

Juration,

V. And be it further enacted, That in case the said bridge shall not be erected within three years from the passing of this act, then the company shall be dissolved.

VI. And be it further enacted, That the said bridge shall not be less than twenty feet wide, and shall be secured with good railing on each side thereof, and with good piers or abutments of stone or wood, or of a part of both, to any extent, that the bridge may be secured and so constructed that boats and rafts shall at all times have a free passage: and on said president's obtaining a certificate from any three of the judges of the court of common pleas of the county of Oswe go, stating that the said bridge is completed, agreeable to the requisition of this law, it shall be lawful for said company to have a gate erected at said bridge, and at all-times may demand and take of persons crossing the same, the following toll: for every foot passenger, four cents; for every man and horse, twelve and half cents; for every cart, waggon or other wheel carriage drawn by one horse, eighteen cents, and if drawn by two horses twenty-five cents, and in the same proportion if drawn by a greater number; for every horse or mule led or driven, six cents; for every ox or other neat cattle, six cents; for every score of sheep or swine, forty cents.

VII. And be it further enacted, That every person who shall subscribe the instrument prescribed in the second section of this act, shall be deemed to be indebted to the said company, in the sum of twenty-five dollars for each share which he shall subscribe, and the said company may sue for and recover the same; and it shall be lawful for the said company to demand from the stockholders respectively, all such sums of money by them to be subscribed, at such times and in such proportions as they shall judge proper, under pain of forfeiting all their shares, and all the previous payments made thereon to the said company.

VIII. And be it further enacted, That from and after the expiration of thirty years from and after the passing of this act, the company hereby created shall be dissolved, and the said bridge, with its appurtenances, shall become the property of the people of this

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