CHAP. LXXXVII. AN ACT to incorporate the Catskill Lancaster school society. WHEREAS Thomas IIale, Ezra Hawley, Joel Bellamy, William Van Bergen, James Powers, and others, have associated themselves for the laudable purpose of establishing a school in the village of Catskill, for the diffusion of common education; and whereas the said persons have presented a petition to the legislature, setting forth the benefit which would result to society from such an institution, and the advantages of appropriating to the uses thereof the monies arising from the distribution of the school fund, in the village of Catskill: Therefore, Preamble. Associates. I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That Thomas Hale, Ezra Hawley, Joel Bellamy, William Van Bergen and James Powers, and all such other persons as now are or shall hereafter become members of said society, shall be and hereby are ordained, constituted and deck red to be, a body coporate and politic, in fact and in name, by the name of "the Catskill Lancaster school society," and by that name they style: and their successors forever hereafter shall and may have succession, and by that name shall and may be persons in law, cspable 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 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 that they and their successors, by that name, shall be forever capable in law to purchase, take, receive, hold and enjoy any estate, real or personal, whatsoever, of what nature and quality whatsoever, to the use of them and their successors: Provided always, that the yearly income of the real and personal estate and hereditaments held by the said corporation, do not nor shall not at any time exceed the sum of five thousand dollars; and that they and their successors shall have full power and authority to lease such real estate and hereditaments, on such terms as they shall judge most beneficial, and also to dispose of all such personal estate, at their will and pleasure, as shall appear to them most advantageous for promoting the benevolent purpose of the said institution: And provided also, that the said corporation shall not be authorised to carry on banking Provise, transactions of any kind whatsoever. nor shall they make or issue any promissory note or notes, bill or bills, for the payment of money, under any pretence whatever, except for debts previously and bona fide due to the person or persons to whom the same may be issued. Powers. II. And be it further enacted, That there be, forever hereafter, seven trus Beven trustees of the said corporation, who shall conduct and man- toes. age all the affairs thereof; and that the said trustees shall be members of the said corporation; and the first trustees of the said corpora- First trustees tion shall be David Porter, Nathan Elliott, William Van Bergen, Joel Bellamy, Caleb Benton, Thomas B. Cook and Francis Sayre, who shallhold theiro ffices until the first Monday of May next; and the Their duties. trustees of the said corporation for the time being, shall have power to establish one or more schools in the village of Catskill, for the purposes aforesaid, whenever the members of the said corporation, at a quarterly meeting, by a majority of them, shall judge it expedient for the more fully extending the benefits of education, agreeable to the benevolent design of said corporation, and for keeping up the succession in tions. choose a trea eretary. said offices. III. Be it further enacted, That on the first Monday of May next, and yearly and every year forever thereafter on the first Monday of May, there shall be a general meeting of the members Annual elee of the said corporation, at some convenient place in the village of Catskill, to be fixed by the by-laws of the said corporation, and by a majority of such of them as shall so meet, they shall by ballot elect seven of their members, to be trustees of the said corporation, for the year next ensuing; and the said trustees shall have power to Trustees to choose out of their own number, a president, a treasurer and secresurer and se. tary, who shall immediately enter on their said offices, and hold the same, from the time of such election, for and during the space of one year, and until others be elected in their stead; and in case of any of the persons, so elected to be trustees of the said corporation, shall die or resign, before the time of their appointed service expires, or shall refuse or neglect to act in or execute the said office, then and in every such case, the remaining trustees of the said corporation shall, within ten days thereafter, by ballot, elect another or others of the members of the said corporation, in the stead of him or them so dying, refusing or neglecting to act, or resigning, and that such person or persons as shall have the greatest number of votes at every such election, shall hold their said offices from the time of such election until the first Monday in May then next ensuing, and until another or others shall be chosen in their stead: Provided always, and be it further enacted, that at each first meeting of the said trustees after every annual election, it shall be in their discretion, to appoint out of the members of the said corporation, an additional number of trustees not exceeding four. Vacancies, how filled. Additional trustees. ly. May make by-laws. IV. And be it further enacted, That the trustees of the said Trustees to corporation, shall regularly meet on the first Monday in every month, meet month and at such other times as they may judge proper and expedient, and that four or more of the said trustees, so met shall forever thereafter be a legal meeting of the said corporation, and that at any and every such meeting, it shall be lawful for them, or a majority of them, to make all such by-laws, rules and regulations, for the government and regulation of the said corporation, and its affairs, and for the management and disposal of the property and estate of the said corporation, as they deem requisite to promote the designs and intent of establishing this corporation, and the same or any part of them to alter, amend or repeal, from time to And call gen time, as they or a majority of them may think fit, and shall have power, whenever they may judge it necessary, to call a general meeting of the members of the said corporation, who may adjourn from time to time, as to them shall seem proper. erti meet ings. V. And be it further enacted, That the said trustees, at a stated Appoint tea- meeting, shall and may nominate one or more teachers or instructors, chers. to take charge of the school or schools under the care and direction of the said corporation, and also appoint such other officers or servants as they may think necessary and to allow and affix their respective compensations, and such teachers, instructors, officers or servants, or any of them, at their pleasure to dismiss and discharge, and another or others in their stead to appoint. And other of ficers. Who shall be VI. And be it further enacted, That any person who shall contribute to the benefit of the said society, the sum of twenty-five dollars, shall thereupon be a member thereof, and shall be entitled, during members. the life of such contributor, to send one child to be educated gratritously, at any school under the care and direction of the said society, subject nevertheless, to the by-laws, rules and regulations of the said corporation: And further, that any person who shall contribute to the benefit of the society any sum of money not less than five dol. lars, shall therereupon be a member thereof, and be entitled to the - privileges granted to the members thereof by this act, and none others but contributors to the said society as aforesaid shall be deemed members thereof. portion of fund. VII. And be it further enacted, That the commissioners of common schools, for the town of Catskill, shall pay to the trustees of the said corporation, out of the sum or sums of money, which have arisen, or which from time to time, hereafter, may arise from a distribution of the school fund, and from the sum or sums of money which have or shall, from time to time, hereafter, be received by the To receive said town of Catskill, in pursuance of an act, entitled " an act for the school the better establishment of common schools," passed April 15, 1814, such parts or portion thereof, as that part of the village of Catskill, lying on the east side of the creek, and known and described by school district number one, may or shall be entitled to receive by virtue of said act; and it shall not be necessary nor lawful for the said commissioners, at any time hereafter, to divide said school district number one: And, in order that the commissioners of schools may be enabled to ascertain and set apart the monies to be paid to the trustees aforesaid, ber of chil trict. VIII. Be it further enacted. That the trustees shall, on or be Trusteer to fore the first day of May next, and on or before the first day of report aun March, in every year thereafter, ascertain and report to the com- ally the num missioners of the town of Catskill, the number of children within dien in disthe limits of said school district number one, from five to fifteen years, inclusive; which report shall have the like force and efect, as to the division and distribution of the school monies, as is given to the report of the trustees of schools, in and by the act for the establishment of common schools. And a state fairs and IX. And be it further enacted, That it shall be the duty of the trustees of the said corporation, to report annually to the general ment of the meeting of the members of the said corporation, on the first Monday school, its afin May in every year, a particular account of the state of the funds. school or schools under their care, and of the monies received and expended by them during the preceding year, so as to exhibit a full and perfect statement of the property, funds and affairs of the said corporation. IX. And be it further enacted, That this act shall be and hereby is declared to be a public act, and shall be construed benignly and favorably for every beneficial purpose bereby intended, nor shall A public set. any non user of the privileges hereby granted to the said corporation be deemed a forfeiture of the same; and no misnomer of the - said corporation in any deed, will, testament, gift, grant, demise or other instrument of contract or conveyance, shall defeat or vitiate the same: Provided, the corporation be sufficiently described to ascertain the intentions of the parties. XII. And be it further enacted, That this act may be repealed at any time, or the provisions thereof may, at any time, be altered or modified as the legislature may think proper. CHAP. LXXXVIII. AN ACT authorising the mayor of the city of Schenectady to perform certain duties of a judge of the supreme court. Passed March 14, 1817. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That the mayor of the city of Schenectady, (if, for the time being, of the degree of counsellor at law of the supreme court of this state,) shall be, ex-officio, a commissioner, equally authorised and empowered with the recorders of the cities of New-York, Albany and Hudson, to do and execute every act, power and trust, which the said recorders respectively may do and execute, by virtue of the eleventh section of the act, entitled "an act concerning the supreme court," and by the act, entitled “an act for giving relief in cases of insolvency;" and the said mayor shall receive the like fees allowed by law, to the said recorders, for such services. CHAP. LXXXIX. AN ACT relative to academies. Passed March 14, 1817. I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That whenever any trustee, belonging to any incorporated academy in this state, shall refuse or neg lect to attend any two successive legal meetings of the trustees of such academy, after having been personally notified of such meeting, and no just and satisfactory cause, for the non-attendance of such trustee, be shown, it shall and may be lawful for such trustees, or a majority of them, at a legal meeting of the same, to declare the seat of such delinquent trustee vacant, and to choose a fit person to fill and supply such vacancy. II. And be it further enacted, That in all cases where the number of trustees of any acadamy within this state, shall exceed twelve, the trustees of said academy, at their annual meeting, or a majority of those who meet, may reduce the number of the original board of trustees, by vacating the seats cf those members, who may neglect or refuse to attend said meeting, to any number not less than twelve; and a majority of said board of trustees, so reduced, shall have power to act iu like manner as a majority of the original numbers might have had under existing laws, or laws which may hereafter be pass. ed: Provided, That it shall not be lawful to vacate the seats of any of said trustees, unless they shall have neglected to attend at two several meetings of the said trustees, having been duly notified of said meeting. СНАР. ХС. AN ACT authorising assistant justices of the court of common pleas to take affidavits to be read in all courts of common pleas and general sessions of the peace in this state. Passed March 14, 1817. BE it enacted by the people of the State of New-York, representéd in senate and assembly, That the assistant justices of the courts of common pleas of the several counties of this state, shall be, and hereby are, authorised and empowered to take and certify affidavits to be read in all the courts of common pleas, and the courts of general sessions of the peace, of the several counties of this state. CHAP. XCI. AN ACT for the relief of Hamilton college. Passed March 18, 1817. WHEREAS the trustees of Hamilton college have represented to the legislature, that they have been at great expense in erecting buildings and making other improvements, necessarily incident to a new establishment; and, in consequence thereof, have been obliged to contract large debts, which they are, at present, unable to discharge without sacrifices greatly to the injury of the college, inasmuch as they are restrained, by the terms of the graut, from collecting the monies due upon the mortgages assigned them by the comptroller, pursuant to an act for that purpose, and the money granted them by lottery cannot, at present, be realised-Therefore, BE it enacted by the people of the state of New-York, represented in senate and assembly, That the treasurer of this state, on the warrant of the comptroller, pay to the trustees of Hamilton college, the sum of ten thousand dollars, in part anticipation of the money authorised to be raised, for the said college, by virtue of the "act instituting a lottery for the promotion of literature, and for other purposes," passed April 13, 1814; and that the said sum of ten thousand dollars, with interest at the rate of six per cent. per annum, be retained by the treasurer, for the use of this state, out of the sum of forty thousand dollars, by the eighth section of the said act directed to be paid to the trustees of the said college. |