created. CHAP. 172. AN ACT to incorporate the Millville Academy. [Passed April 25, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows; Corporation § 1. Horace Linsley, Warren Parker, Cyrus Stuart, E. Sibley, Levi Bennet, Newman Curtis, A. Coon, John M. Culver, I. A. Potter, John Sherwood, Matthew Gregory, J. Damur, E. Martin, Gilbert Sampson, J. W. Lawrence, William Parsons, William E. Woodford, S. C. Johnston, and such others as may be associated with them, are hereby constituted a body corporate, by the name of the Millville Academy, to be located in the village of Millville, Orleans county, for the purpose of establishing, maintaining and conducting a seminary of learning for the education of both sexes. Stock. Trustees. Election. Votes. Transfers. Subscriptions. Officers. Literature fund. Ge..eral §2. The capital stock of said corporation shall be divided into shares of ten dollars each. § 3. The estate, property and concerns of said corporation shall be managed by a board of eighteen trustees; and the persons named in the first section of this act shall be the first trustees of said corporation, and shall be divided by lot into three classes; the term of service of the first class shall expire on the first Wednesday of February next, that of the second in one year from that time, and the third in two years from that time; and a majority of said trustees shall form a a quorum to transact business. § 4. On the first Wednesday of February next, and on the first Wednesday in February of each succeeding year, there shall be an election of six trustees, who shall hold their office for three years and until others shall be appointed in their place. The election for trustees shall be by ballot. § 5. No stockholder shall be allowed more than one vote. § 6. The capital stock of said corporation shall be deemed personal estate, and transferable in such manner as the bylaws of said corporation shall provide. § 7. The said trustees shall receive subscriptions for shares in said corporation. § 8. The said trustees may choose their president, treasurer and secretary. § 9. The corporation hereby created shall be entitled to its distributive share of the literature fund, whenever it shall have complied with the rules that govern the regents of the university in granting charters to academies, and with the laws in relation to the distribution of that fund. § 10. The said corporation shall possess the power and be subject to the provisions of Chapters fifteenth and eighteenth of the first Part of the Revised Statutes, so far as the same are applicable and have not been repealed. § 11. This act shall take effect immediately. CHAP. 173. AN ACT for the relief of the American Seaman's Friend Society in the city of New-York. [Passed April 27, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The Comptroller of this state shall loan to the trustees of the American Seaman's Friend Society in the city of NewYork, out of the fund collected from passengers arriving at the port of said city, any sums of money now in the treasury belonging to said fund, not exceeding in the whole ten thousand dollars, which may be required by the said trustees for the purpose of erecting a suitable building for the boarding and accommodation of seamen in said city; which loan shall be secured by mortgage to the satisfaction of the Comptroller. § 2. The trustees of the American Seaman's Friend Society shall repay in five years without interest to the said Comptroller, if required, the sum named in the first section of this act. § 3. This act shall take effect immediately. CHAP. 174. AN ACT extending an act for the relief of the New-York Institution for the instruction of the Deaf and Dumb. [Passed April 27, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows; nued. 1. The act entitled "An act for the relief of the New- Acts conti York Institution for the instruction of the Deaf and Dumb,' passed April 3, 1834, and extended by the third section of an act entitled "An act to renew the charter of the New-York Institution for the instruction of the Deaf and Dumb," passed April 30, 1836, is hereby continued for the period of five years, from and after the first day of April, 1841. deaf mutes § 2. The directors of the institution are hereby authorized Additional to receive, from each senate district in this state, one indigent to be receideaf mute in addition to the number now authorized by law, ved. Items of expenditure to at an annual expense not exceeding one hundred and thirty dollars for each pupil, the pupils to be designated as state pupils to be selected by, and subject to the supervision of the superintendent of common schools. §3. The treasurer of the said institution shall specify in his be reported. annual account current, the particular items constituting the said account of expenditure and receipts, including outstanding debts, discriminating between the expenditures and receipts of mechanical labor carried on at the institution; which account shall be verified by the affidavit of the said treasurer and incorporated in the annual report of the said institution. § 4. The income arising from mechanical labor carried on be applied. at the institution shall be applied towards defraying the necessary expenses of the said institution. Avails of labor how to § 5. This act shall take effect immediately. Loan of $3,000,000 may СНАР. 175. AN ACT further to amend an act entitled "An act to provide for supplying the city of New-York with pure and wholesome water," passed May 2, 1834. [Passed April 27, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. It shall be lawful for the mayor, aldermen and combe raised. monalty of the city of New-York, to raise by loan from time to time, and in such amounts as they may think fit, a further sum not exceeding three millions of dollars, by the creation of a public fund or stock, to be called "The Water Stock of the city of New-York," which shall bear such interest, not exceeding six per cent, and shall be redeemable at such periods not exceeding thirty years, as the mayor, aldermen and commonalty, upon issuing the same, may from time to time direct. § 2. It shall be lawful for the said mayor, aldermen and be issued. commonalty to direct the issuing of certificates, and allowing of transfers of the water stock of the city of New-York, authorized by this or by any former act in such nominal amounts and in such manner and form as they may judge most expedient for the interest of the city; and they are hereby authorized to sell and dispose of such shares at public auction or at private sale or by subscription for such price and on such terms as they may think proper. Certificates of stock to Moneys how to be apied. § 3. The moneys to be raised by virtue of this act shall be applied and expended to and for the purpose of supplying the city of New-York with pure and wholesome water, according to the provisions of the act hereby amended. respecting § 4. All the provisions of the laws heretofore passed on the Provisions subject of the Croton water works, pledging the faith of the Croton wa city of New-York, and providing a sinking fund for the re- applicable. demption of the stock issued by virtue thereof, are hereby made applicable to the stock issued in pursuance of this act. ter works. the appro funds. § 5. No part of the funds created by this act or any other Provisions fund raised for the purpose of constructing or completing the respecting Croton aqueduct, and the works connected therewith, and priation of distributing the water throughout the city, shall be diverted from such object; and no items of expenditure hereafter to be made by the corporation of the city of New-York, and not approved by the water-commissioners and comptroller of said city, shall be charged by the corporation of the said city to the debit of the said fund; but this provision shall not apply to the refunding of advances heretofore made by the said corporation, for or on account of the said aqueduct or the water pipes connected therewith. CHAP. 176. AN ACT to provide for the rebuilding the locks on the Chemung Canal and Feeder. [Passed April 27, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The canal commissioners are authorized to rebuild the Locks may bo rebuilt. locks on the Chemung canal and feeder, at such times as may be necessary to maintain the navigation thereof. The said locks shall be made of such dimensions and material as in the judgment of the commissioners shall be for the public interest. The said locks shall be made of the like materials, and mode of construction as those now in use on the Chenango canal, unless the commissioners in their discretion adopt a less expensive mode of construction. Loan not exceeding be made. § 2. The commissioners of the canal fund shall borrow on the credit of the state, from time to time as may be required $100,000 to for the construction of the said locks, a sum not exceeding one hundred thousand dollars, at an interest not exceeding six per cent, payable at the discretion of the said commissioners after the year one thousand eight hundred and sixty: for which loans, certificates of stock shall be issued in the manner directed by the "act to improve the funds and provide for the redemption of the funded debt of this state," and the "act relative to the finances of this state and the duties of the Comptroller and the commissioners of the canal fund." The J said moneys shall be paid to the canal commissioners, from time to time, to be by them expended in the construction of the said locks, as the exigencies of the said canal may require. §3. This act shall take effect immediately. Shares of men how to CHAP. 177. AN ACT for the better securing the interests of married women in lands sold under judgment or decree in partition. [Passed April 28, 1840.] The People of the State of New-York, represented in Senate and Assembly, do enact as follows: 1. In all cases of sales under judgment or decree in par married wo tition, where it shall appear that any married woman has an be invested. inchoate right of dower in any of the lands divided or sold, or that any person has any vested or contingent future right or estate in such lands, it shall be the duty of the court, under whose judgment or decree such sale is made, to ascertain and settle the proportional value of such inchoate, contingent or vested right or estate, according to the principles of law applicable to annuities and survivorships, and to direct such proportion of the proceeds of the sale to be invested, secured or paid over in such manner as shall be judged best to secure and protect the rights and interests of the parties. ed. Right how § 2. Any married woman may release such right, interest to be releas or estate to her husband, and acknowledge the same before the master or one of the commissioners making the sale, scparate and apart from her husband, in the manner required by law in respect to the acknowledgment of deeds by married women. Upon such release, the share of the proceeds of the sale arising from her contingent interest, shall be paid to her husband. Effect of §3. Such release, and also the payment, investment or such lease otherwise securing any share of the proceeds of a sale according to the first section of this act, shall be a bar both in law and equity against any such right estate, or claim. |