powers.

$33. The said corporation shall possess the general General powers of a corporation as defined in the eighteenth chapter of the first part of the Revised Statutes, and shall be subject to the provisions contained in that chapter, except so far as the same have been repealed before the passage of this act, or are modified by the act recited in the section next following, or by this act in respect to the corporation created hereby.

2, 1829.

$34. The said corporation shall also be subject to the Act of April provisions contained in the act entitled "An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829, and the act amending the same, so far as the same shall be in force at the time of passing this act.

$35. It shall not be lawful for the said corporation to Loans. take a hypothecation of its own stock, as security for making any loan or discount by such corporation.

circulation.

$ 36. It shall not be lawful for said corporation to issue Amount of or to have out standing or in circulation at any time, an amount of notes or bills loaned, or put in circulation as money, exceeding once and an half its capital stock then paid in and actually possessed.

S37. The legislature may at any time modify, alter Right to reor repeal this act, or any of its provisions.

CHAP. 219.

AN ACT directing the application of an appropriation heretofore made to aid in the erection of a church at the quarantine ground, Staten Island.

Passed April 30, 1834.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

peal.

church to

church.

$1. The rector, church wardens and vestrymen of St. st. Andrew's Andrew's church, in the county of Richmond, are directed pay $1,000 to pay the sum of one thousand dollars, heretofore receiv- to St. Paul's ed by them from the health commissioners out of the marine hospital funds, by virtue of an act, entitled "An act to aid in the erection of places of worship at the quarantine ground, Staten Island," passed April 9th, 1819, to the church wardens and vestrymen of St. Paul's church, in the village of Tompkinsville, in the county aforesaid.

$2. At the time of payment aforesaid the church war- Bond dens and vestrymen of St. Paul's church aforesaid shall execute a good and sufficient bond to the people of this

To account.

Repeal.

Act to take effect.

state, to be taken and approved of by the first judge of the said county of Richmond, conditioned for the faithful application of the said sum of one thousand dollars towards the erection and completion (within three years from the time of payment) of a church in the village of Tompkinsville aforesaid, which approval shall be certified on said bond by said first judge, who shall then cause the said bond to be filed in the office of the comptroller of this state, and when so filed the bond now on file in said office, given by the rector, church wardens and vestrymen of St. Andrew's church aforesaid, shall be void.

$ 3. It shall be the duty of the church wardens and vestrymen of St. Paul's church aforesaid to account with the comptroller for the expenditure and application of the said sum of money within the time above limited.

S 4. So much of the act, entitled "An act to aid in the erection and completion of places of public worship at the quarantine ground, Staten Island," passed April 9th, 1819, as is inconsistent with this act, is hereby repealed.

$ 5. This act shall take effect immediately on the passage thereof.

Party walls.

Chimnies,

cornices.

CHAP. 220.

AN ACT to amend and modify the acts now in force for the prevention of fires in the city of New-York.

Passed April 30, 1834.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S1. The outside and party walls of all dwelling-houses, store-houses and other buildings hereafter to be erected, or built within the fire limits of the city of New-York, as the same now exist or may hereafter be extended, which shall exceed thirty feet in height from the level of the side-walk to the foot of the rafters, shall not be less than twelve inches thick.

$ 2. No chimney in any building now built or hereafter to be built in the said city, shall be started or built upon the floor of the building, or be cut off to be supported in any manner by wood.

Gutters or $ 3. All wooden gutters or cornices of any such building, shall be firmly secured by irons, which shall not be more than seven feet and a half apart from each other in any case. And for all such gutters not exceeding twelve inches in width, the said irons shall be at least two inches

wide and an half of an inch thick, and for all such gutters exceeding twelve inches in width, the said irons shall be at least two inches and 'an half wide and five-eighths of an inch thick. The said irons, except those at the ends of the cornice or gutter, shall be fastened or secured to the floor beam, and the end irons shall be fastened with nuts and screws to the plate irons.

and anchors.

S 4. All plate irons shall be built into the end or party Plate irons walls; and the iron anchors used to secure plate pieces, shall be at least two inches wide by an half of an inch thick. The anchors so to be used at each end of any such plate piece shall be at least four feet long, and shall be worked or built into the side or end walls of the building, and the end of said anchor shall turn down not less than four inches.

frames and

doors.

$ 5. All scuttle frames and doors on any such building Scuttle shall be made or covered with copper, zinc, iron, or other fire proof material; and all windows and entrances in the rear of any such building above the first story, over thirty feet in height as aforesaid, which shall be used for any other purpose than that of a dwelling-house, shall have shutters and doors to be made of iron or copper.

sbeds.

$6. No wooden shed shall be erected or permitted Wooden within the fire limits of the said city as aforesaid, unless one whole side of the same be left entirely and constantly open, in addition to its not exceeding twelve feet in height at the peak or highest part thereof.

$ 7. No wooden building shall be raised, enlarged, or Wooden built upon within the said fire limits, otherwise than by buildings. putting dormer windows, not to exceed two in number thereon, and no such dormer window shall exceed five feet in width.

forfeitures.

$ 8. Every penalty or forfeiture which may be incurred Penalties and by the owner or builder of any building, either under the seventeenth section or the twenty-second section of the act, entitled "An act to amend the acts heretofore passed for the prevention of fires in the city of New-York," passed April 20th, 1830, shall be a lien upon such building, until the same shall have been satisfied, notwithstanding any sale or conveyance thereof before judgment may have been obtained for such penalty or forfeiture.

S9. All such parts of the second, fifth, eighth, ninth, Repeal. tenth, twentieth and twenty-first sections of the above mentioned act, or of any other section thereof, as may be contrary to or inconsistent with the provisions of this act, but not otherwise, are hereby repealed; and the thirtyfirst section of the said act is also hereby repealed.

Act when to

$10. This act shall not take effect until the first day take effect. of August next, or operate upon dwelling-houses which

Corporation created.

Stock.

Commission

ers.

to stock.

shall be built under contracts entered into previously to the passage of this act; and the common council shall publish this act once a week, in every paper employed by them, from the passage thereof until that day.

CHAP. 221.

AN ACT to incorporate the Rensselaer and Washington
McAdam road company.

Passed April 30, 1834.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S1. Munson Smith, Job Pierson, Amos Briggs, and such other persons as shall become stockholders pursuant to this act, are hereby constituted a body corporate and politic, by the name of "The Rensselaer and Washington McAdam Road Company," for the purpose of constructing a McAdam road from the city of Troy, running on the east side of the Hudson river, to the village of Whitehall.

$ 2. The capital stock of the said company shall be two hundred and fifty thousand dollars, to be divided into shares of fifty dollars each.

S 3. Stephen Warren, George Tibbits, Richard P. Hart, Henry Vail, Stephen Germond, Munson Smith, Job Pierson, Amos Briggs, Henry Holmes, Daniel Stephenson, George Chandler, Samuel Standish, junior, and Peter J. H. Myers, are hereby appointed commissioners to receive subscriptions of stock.

Subscriptions $ 4. Within one year from the passage of this act, it shall be the duty of the said commissioners, at some suitable place in the city of Troy, and at such other places as they may deem expedient, to open books and receive subscriptions of stock, which books shall be kept open during three successive days; but no such subscription shall be received, unless five dollars shall be paid on each share at the time of subscribing. At least fourteen days notice shall be given by the said commissioners, of the time and place of opening the books, by an advertisement in one of the public newspapers printed in the county where such books shall be opened.

Apportion.

ment.

S5. If, within three days after opening the books as aforesaid, more than two hundred thousand dollars of the

said capital stock shall be subscribed, the commissioners shall proceed to apportion the amount required among the subscribers, and shall complete such apportionment within sixty days from the time of opening the books, in such manner as they shall deem most for the interest of the company and the benefit of the public.

scriptions.

$6. If two hundred and fifty thousand dollars of the Further sub said stock shall not be subscribed within the said three days, the commissioners may again open the books at such other times and places as they may deem proper, after giving notice thereof, as required in the preceding section, and receive further subscriptions of stock: And when fifty thousand dollars or more, of such stock shall have been subscribed, it shall be the duty of the commissioners to call a meeting of the stockholders for the purpose of choosing nine directors, by giving at least fourteen days' notice thereof, by advertisement in one of the newspapers printed in each of the counties through which the road is to be constructed. Three or more of the commissioners shall preside at such election, and each stockholder shall be entitled, personally or by proxy, to one vote for every share of stock owned by him. The directors. so chosen shall hold their offices until the first Monday in January next following, which shall be the day for choosing directors in each year after such first election.

$ 7. The said corporation shall possess the general pow- General ers, and be subject to the general liabilities and restric- powers. tions of turnpike corporations, as prescribed in the eighteenth chapter of the first part of the Revised Statutes, except so far as the same are inconsitsent with the provisions of this act.

$ 8. The said road shall be laid out not less than four rods wide, and the bed or arch thereof shall not be less than twenty-eight feet wide, and constructed in the following manner: Ten feet in width, in the centre thereof, shall be excavated to the depth of at least ten inches, where the ground is clayey, or of alluvial quality, and filled in at least five inches in thickness with hard gravel or stone, which shall be covered with not less than five inches of hard broken stone; excepting where there shall be rock bottom, in which case less excavation and filling in shall be required, at the discretion of the engineer or superintendent of the work. Nine feet on each side of the part to be constructed as aforesaid, shall be excavated and filled in with gravel or other hard substance, so as to form a solid and smooth surface. The arch of the road shall be at least four inches in the centre above the extremities of the sides thereof, with a suitable drain or ditch on each side to carry off the water; and the said

Dimensions

of road.