CHAP. XLV. AN ACT fur the Relief of the Commissioners for Loaning Passed February 24, 1823. WHEREAS, it appears that there are arrears of interest due Preamble and unpaid to the commissioners for loaning money, in the county of Oneida: Therefore, Duty of cer tain commis BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said commissioners sioners are hereby authorised and empowered to collect from all and every person or persons, such sum or sums of interest as may be due or owing to the said commissioners, whether the said commissioners have advanced said interest, so in arrear and unpaid, to the state or not, in the same manner as the interest is authorised to be collected by the act, entitled "An act authorising a loan of monies to the citizens of this state," passed April 11, 1808. CHAP. XLVI. AN ACT to incorporate the New-York Chemical Manufacturing Company. Passed February 24, 1823. created name and ge I. BE it enacted by the People of the State of New-York, re- Corporation presented in Senate and Assembly, That John C. Morrison, and such others as now are, or hereafter may be associated with him, for the purpose of carrying on the business of manufacturing blue vitriol, alum, oil of vitrial, aqua fortis, nitre acid, muriatic acid, alcohol, tartar emetic, refined champhor, salt-petre, borax, copperas, corrosive sublimate, calomel, and all other drugs and medicines, paints, and dyers articles, in the city and county of NewYork, shall be, and hereby are ordained, constituted and appointed to be a body politic and corporate, in fact and in name, by the name of the "New-York Chemical Manufacturing Company," and Corporate by that name they and their successors and assigns shall and may neral powers have continual succession, and 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 actions, suits, complaints, matters and causes whatsoever and that they and their successors may have a common seal, and make change, and alter the same at their pleasure; and that they and their successors, by the same name and style, shall be capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation : Provided, That the said real estate so to be purchased and Proviso holden, shall be such only as is now owned by the said John C. Morrison, for the purpose of carrying on the manufacture aforesaid, and also such lots of ground as it may be necessary to purchase of others, and such buildings as it may be expedient to erect Further thereon, for the purpose aforesaid: And provided further, That vis pro Capital stock Directors Notice of election Elections President and agents Vacancies Elettions may be held at any other time, &c it shall not be lawful for the said corporation to carry on their manufacturing business at any other place except at the present manufacturing establishment of the said John C. Morrison, or at such other places as it may be necessary to purchase in addition, for the purpose of carrying on the intended manufacturing busi ness. 11. And be it further enacted, That the capital stock of the said corporation, shall not exceed one hundred thousand dollars, the shares in the company to be fifty dollars each. III. And be it further enacted, That the stock, property, affairs and concerns of the said corporation shall be managed by five directors, one of whom shall be president, and another of whom shall be the agent of the company ; and the said directors shall be elected on the first Monday of April in every year,at such time of the day, and at such place as a majority of the directors for the time being shall appoint, excepting the first election, which shall be called by certain commissioners herein after appointed; and it shall be the duty of the president for the time being to give each stockholder, who shall have previously informed him in writing of his or her place of residence at least ten days notice in writing previous to each election, through the post office or otherwise, of the time and place said election is to be held. And such election shall be made by such of the stockholders of the corporation as shall attend for that purpose in their proper persons, or by proxy; and all elections shall be by ballot, each share of the stock having one vote, and the five persons who shall have the greatest number of votes at an election shall be directors, and if it shall happen at any election that two or more persons have an equal number of votes in such manner that a greater number of persons than five shall by plurality of votes appear to be chosen as directors, then the said stockholders herein before authorised to vote at such election shall proceed to ballot a second time, and by plurality of votes determine which of the persons so having an equal number of votes shall be director or directors, so as to complete the whole number of five; and the said directors as soon as may be after their election, shall proceed in like manner to elect one out of their number to be their president, and another out of their number to be their agent; and if a vacancy or vacancies shall at any time happen among the directors elected by the stockholders by death, removal, resignation or otherwise, such vacancy or vacancies shall be filled for the remainder of the year in which they may happen, by such person or persons as the remainder of the directors for the time being, or the major part of them shall appoint. IV. And be it further enacted, That in case it should at any time happen that an election of directors should not be made on the day that pursuant to this act it ought to be made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful to hold such election on such other day in the manner aforesaid, as shall be prescribed by the by-laws and ornances of the said corporation. directors V. And be it further enacted, That a majority of the direc tors for the time being shall form a board or quorum for transacting all the business of said corporation, and shall have power to make and prescribe such by-laws, rules and regulations, not re Powers of pugnant to the constitution and laws of the United States, or of this state, as shall to them appear needful and proper, touching the management and disposition of the stock, property, estate and effects of said corporation, the duties and conduct of the officers, clerks and servants employed therein, the election of directors, and all such other matters as appertain to the concerns of the said institution; and shall have power to employ so many officers, clerks, and servants for carrying on the said business, and with such salaries, pay, perquisites and allowances as to them shall seem meet. count, &e to VI. And be it further enacted, That the directors shall at Books of ar all times keep, or cause to be kept at their manufactory, proper be kept books of account, in which shall be regularly entered all the transactions of said corporation, which books shall at all times be subject to the inspection of the stockholders of the company. aud their VII. And be it further enacted, That John C. Morrison, James Commission Jenkins and Charles G. Haines be, and they are hereby appointed ers appointed commissioners to receive subscriptions to the capital stock of this power company; that the said commissioners, or any two of them, shall open books of subscription for the purpose in the city of NewYork, on the third Monday of March next, giving previous notice thereof for one week, in two of the public papers printed in the city of New-York; and that as soon as the capital stock of the said company is subscribed for, and taken up, the said commissioners shall notify an election of directors, by advertising the time and place of election for at least one week previous to its taking place; and the directors so chosen shall hold their offices until new ones are elected by the stockholders, in comfornity to this act. Annual amount to be VIII. And be it further enacted. That it shall be the duty of, the directors for the time being in each and every year, viz; on the taken third Monday in February, in every year, to take an account of all the stock, property and effects, belonging to said corporation, including all debts due to and from said corporation, and make and enter in a book kept for the purpose, a true inventory of the same, and exhibit the same to the stockholders at the annual election. IX. And be it further enacted, That no transfer of stock shall Transfer of be valid or effectual until such transfer shall be entered or registered in the book or books to be kept by the president and directors for that purpose. stock X. And be it further enacted, That this act be and the same Public aet is hereby declared to be a public act. &c XI. And be it further enacted, That the corporation hereby Prohibition erected shall not engage in any banking business or transaction as to banking whasotever, or in any other business or transaction, excepting such as may be proper and necessary to carry into effect the declared objects of this act. XII. And be it further enacted, That it shall and may be Act may be competent for the legislature at any time or times hereafter to al-repealed, &c ter, modify, or repeal this act. XIII. And be it further enacted, That this act shall continue Duration of for the term of twenty-one years. act 1 CHAP. XLVII. a Jurisdiction and powers of the courts AN ACT respecting the Courts of Common Pleas and General I. BE it enacted and declared by the People of the State of New-York, represented in Senate and Assembly, That the judges of the county courts of each of the counties of this state, the city and county of New-York excepted, or any three of them, shall have power to hold the courts of common pleas and general sessions of the peace in their respective counties. That the said courts of common pleas and general sessions of the peace, shall respectively have and exercise the same jurisdiction, power and authority, and proceed in like manner as they were by law authorised to do, on the thirtyfirst day of December last; and all laws then in force, as to the times and places of holding and adjourning the said courts respectively, and as to the issuing test, and return of process therein, First judge shall continue in force until otherwise altered by law; the judge and his pow first named in the commission, shall be known as first judge, and in case of his removal, death, or incapacity to act, the next in succession shall be known as senior judge; all process shall be tested in the name of the first or senior judge, as the case may be, and the first judge shall have power to exercise all the authority, which by any existing law was vested on the thirty-first day of December last, in the respective first judges of the different counties of ers In appeals this state. II. And be it further enacted, That in all cases of appeal to what judges the said court of general sessions of the peace, wherein any town excluded &c in the respective counties shall be interested, no judge or justice of the peace being an inhabitant of the said town, shall sit in court upon such appeal. What judges may form the court III. And be it further enacted, That where a sufficient number of judges shall not appear to hold a court of general sessions of the peace, then one or more justices of the peace of the same county shall be associated with one or more of the said judges of the said county to hold such court, but such court of the general sessions of the peace shall in no case consist of more than five, including judges and justices, at least one of which shall always be a judge of the court Proviso of common pleas: Provided, That no other than judges of the said court of common pleas, shall sit in court upon the appointment or removal of any district attorney, or upon the removal of any justice of the peace. Clerks of counties to be IV. And be it further enacted and declared, That the clerks clerks of the of counties shall, by virtue of their offices, be clerks of the courts of common pleas and general sessions of the peace, of their respective counties. courts V. And be it further enacted, That the seals of the said courts of common pleas, already devised and made, shall continue to be the seals of the courts of common pleas of the respective counties, except the county of Westchester, and that no suit or proceeding, depending in the said court, shall be affected by any thing in this. act contained, but the same may proceed to judgment and execution, as if this act had not been passed. may be re bow VI. And be it further enucted, That it shall be lawful for any Indictments justice of the supreme court, or any other person having the pow-moved to the ers of a justice of the supreme court, at chambers, on the applica- oyer and ter tion of any person indicted at any court of general sessions of the miner, and peace, and therein triable, or indicted at any court of oyer and terminer, and sent to any court of general sessions of the peace to be tried, on sufficient cause shewn, to make an order that such person so indicted shall be tried on such indictment at the next court of oyer and terminer, in and for the county in which such indictment shall have been preferred, which order when served on said court of general sessions of the peace, shall operate to remove said indictment into the said court of oyer and terminer, and it shall be lawful for and it is hereby made the duty of said court of oyer and terminer, to proceed upon the said indictment, as though the same had been brought into said court by the prosecutor: Provided, Proviso That before said order shall be made, the person applying therefor shall enter into recognizance with two sufficient sureties to the people of this state, before one of the justices of the supreme court, or before such court of general sessions of the peace, or any one of the justices thereof, in the sum of one hundred and twenty-five dollars, conditioned that the person indicted and applying for such order, shall, at the next court of oyer and terminer, to be held in and for the same county, or at such other time as said court shall appoint, appear, and if necessary, plead to the same indictment in said court of oyer and terminer, and stand trial upon the issue, which shall be joined thereon, or on any plea relating thereto; and shall from day to day appear in said court of oyer and terminer, and not depart from the same without being discharged by said court: And further, That every such recognizance shall be delivered, together with said order, to said court of general sessions of the peace, and be therein filed: And further, That such order shall have no effect, until the delivery of such recognizance to said court of general sessions of the peace. ments, how VII. And be it further enacted, That no certiorari shall be Certiorari to effectual to remove from any court of general sessions of the peace, remove indict any indictment therein depending before judgment, unless the allowed doe same be allowed within thirty days next after the defendant shall have pleaded to the said indictment, nor unless the same be delivered to the said court of general sessions, on or before the second day of the term next after such allowance, and if a certiorari in any such case shall be allowed or delivered after the time herein prescribed, the same shall be void. VIII. And be it further enacted, That neither of the six first New-York ex sections of this act shall be deemed or held to apply to the city and County of New-York. 6 cluded from. this act |