Office. be made. ment, and being at the time of such neglect or refusal, a stockholder of the said company, the sum of five hundred dollars, to be sued for and recovered by such stockholder, to his own use, in any court having jurisdiction to that amount; but such suit shall be commenced within thirty days after the annual election of directors of said company. $11. The office for the transaction of the business of said company, shall be located in the ninth ward in the city of New-York. Deposition to $ 12. It shall not be lawful for the said corporation to commence any business under this act, until the president and secretary of said corporation shall have made a deposition in writing, before the mayor or recorder of the city of New-York, and filed the same in the office of the clerk of the city and county of New-York, that the capital stock of the said corporation has been paid in, or secured to be paid, according to the provisions of this act. And every person guilty of wilful false swearing in the premises, shall be subject to all the pains and penalties of perjury. Annual Examination lor. $ 13. It shall be the duty of the president and secretary of said company, on the first Monday of January in each year, to make a report of the state and situation of said company, showing the amount of capital stock paid in, and the manner in which the same is invested or secured; how much thereof has been consumed and expended in the payment of losses sustained by said company, and how much is safe and unimpaired; the amount of liability incurred by said company, and of debts owing by them; the amount of premiums received, of dividends made, and losses sustained during the preceding year, and the amount of surplus on hand, and the manner in which the same shall be invested or secured; which report shall be signed and sworn or affirmed to, by said president and secretary, and filed in the office of the assistantregister in chancery in the first circuit. S14. It shall be lawful for the chancellor, or vice-chanthe chancel- cellor of the first circuit, whenever it shall appear proper, to cause the affairs and situation of said company to be examined into and reported to said chancellor or vicechancellor by a master in chancery, or such other person as the said chancellor or vice-chancellor shall appoint; the expense whereof shall be determined by said chancellor or vice-chancellor, who, in his discretion, may direct such expense to be paid by the company; but the provisions e this section shall not apply to any case of a complaint by any individual not being a stockholder of the corporation Under oath. $ 15. The person thus appointed to make such examnation, shall have power to examine under oath the pres chancellor. dent and secretary or other officers of said company, and the books, papers and vouchers thereof, in such manner as will best advance the purposes of such investigation. S 16. If upon such investigation it shall appear that the Power of said company have in any respect exceeded the powers hereby granted, or violated the provisions of this act, it shall be the duty of the chancellor or vice-chancellor to exercise towards said company the same powers and authority as are now by law conferred on the chancellor in regard to banking incorporations. $ 17. The legislature may at any time hereafter, alter, Right to remodify or repeal this act, or any of its provisions. CHAP. 286. AN ACT to incorporate the village of Clarkville, in the county of Madison. Passed May 5, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: peal. $1. All that part of the town of Brookfield, in the coun- Boundarios. ty of Madison, comprised within the following limits, to wit: Beginning at the northwest corner of lot number fifty-seven in the nineteenth township, running east fortyfive chains twenty-five links; thence north three chains; thence east twenty degrees south, nine chains; thence east twenty-nine chains fifty links; thence south forty-two chains fifty links; thence east eight chains fifty links; thence south three chains; thence west eight chains fifty links; thence south twenty-seven chains; thence west thirty-three chains fifty links; thence south twenty chains; thence west twenty-eight chains twenty-five links; thence north twenty chains; thence west eleven chains seventyfive links; thence north seventy-two chains fifty links, to the place of beginning, shall be known and distinguished as the village of Clarkville; and the freeholders and inhabitants residing within the same, qualified to vote at town-meetings, may, on the last Monday of May, eighteen hundred and thirty-four, meet at some proper place within the said village, to be appointed by any justice residing in said village; public notice of such meeting having been previously given in writing, by posting the same in three or more public places within said village, at least one week previous thereto, and then and there proceed to elect five freeholders of said village to be trustees thereof; and Corporation created. the said justice shall preside at such meeting, and declare the several persons having a majority of votes duly chosen as trustees and on every last Monday of May thereafter, there shall, in like manner, be a new election of trustees for said village; and the trustees for the time being shall preside at such election, and shall in like manner give notice of the time and place of holding the same. $ 2. The freeholders and inhabitants aforesaid, are hereby constituted a body politic and corporate, by the name of "The Trustees and Inhabitants of the Village of Clarkville;" and by that name may purchase, hold and convey any real estate for the public use of said village, and may erect any public buildings, aqueducts, and dig any reservoirs for water for the use of said village, and keep in repair such buildings, aqueducts and reservoirs; and purchase and keep in repair fire engines, ladders, buckets, and other instruments for extinguishing fire; and make a reasonable compensation to the officers of the corporation, and to make any necessary repairs or improvements in said village; prevent and remove nuisances; and raise money by tax for the above, purposes; which money so raised shall be assessed upon the freeholders and inhabitants of said village, in proportion to the relative value of their property therein, to be assessed by three judicious assessors, to be chosen from among the freeholders in said village at the regular annual meeting, and collected by a collector to be appointed by the trustees aforesaid for the time being, in like manner as the taxes of towns and counties are collected by virtue of a warrant to him directed by a majority of the trustees; but no taxes shall be levied, or moneys assessed, raised or collected for the purpose aforesaid, nor any purchase or sale of any real estate be made, or public buildings erected or disposed of, without the consent of the freeholders and inhabitants aforesaid, who shall attend at a public meeting duly notified by the trustees as aforesaid; and every assessment made for the raising, levelling or repairing any streets, alleys or highways, shall be assessed on and collected from the real estate in said village, in proportion to its relative value, and the advantages to be derived from such improvement. That it shall be lawful for the freeholders and inhabitants of said village, as often as they shall vote to raise any sum or sums of money for any of the purposes aforesaid, to specify, as far as is convenient, the particular purpose for which said sum or sums, or any part thereof, shall be appropriated, in order that the assessors may have regard thereto in assessing the same upon the respective freeholders and inhabitants of said village: if any person shall conceive himself, or herself, aggrieved by any such assessment, it shall be law ful for such person to appeal from the said assessment to S3. The trustees of the said village, and their succes- By-laws. sors, may make and publish such ordinances as they from time to time may deem proper, and particularly such as relate to the streets, alleys and highways of the said village, and draining and filling up, repairing, keeping in order, and improving the same; relative to slaughter-houses and nuisances generally; relative to restraining geese, swine or cattle of any kind; relative to the inspection of weights and measures; relative to the keeping and regulating hay-scales; relative to any thing whatsoever that may concern the good government of said village: but no such by-laws shall extend to the regulating or fixing the prices of any commodities or articles of provision offered for sale. And the said trustees may require the house-holders and occupants of buildings in said village, under suitable. penalties, to furnish themselves with fire-buckets, and other necessary utensils for extinguishing fire; and also keep their fire-places and chimneys clean and in good repair. ties and for 4. The said trustees, as often as they shall make and Fines, penalpublish any ordinance for the purposes aforesaid, may al- feitures. so provide such reasonable fines, penalties and forfeitures of such by-laws, as they may think proper, never exceeding twenty-five dollars for any one offence, to be prosecuted before any justice of the peace of said county by the trustees, to and for the use of said village: and in all cases it shall be deemed sufficient for said trustees, in any suit or action to be brought for such fines, penalties and forfeitures, to declare generally, that the defendant or defendants are indebted to the trustees of the village of Clarkville, in the amount of such fine, penalty or forfeiture, to be paid to the trustees for the time being, when thereunto required; and under such declaration, to give the special matter in evidence: and the freeholders and inhabitants of said village shall be deemed, and are hereby declared, competent to give testimony in any cause wherein the said trustees are a party, notwithstanding the interest they may have as members of said corporation. Assessor and treasurer. clerk. $5. The freeholders and inhabitants qualified to vote at town meetings shall, in every year at the annual meeting, choose, by a vote of a majority of them, three freeholders; inhabitants of said village, as assessors, and one treasurer. Collector and $6. It shall be the duty of the trustees, and they are hereby authorized to appoint, under the hand of the president and the seal of the corporation, one collector and one clerk; and it shall be the duty of the clerk to keep a faithful record of all the doings of the freeholders and inhabitants of said village at their annual and other legal meetings, in a book to be provided by the trustees for that purpose. Officers to take oath. President: Accounts of expenses. $ 7. The trustees, assessors and treasurer so to be chosen as aforesaid, and the collector and clerk so to be by the trustees appointed as aforesaid, shall, within ten days after each election and appointment, and before they proceed to the exercise of their several offices, severally take and subscribe an oath or affirmation before a justice of the peace of said village or county, for the faithful performance and execution of the trust or office to which they may be severally chosen, elected or appointed. $ 8. The trustees, within ten days after their election in every year, shall, and it is hereby made their duty, to assemble in said village, and to choose and appoint some suitable person of their body to be president of said board of trustees, whose duty it shall be, when present, to preside at the meetings of the trustees; to order extraordinary meetings of the trustees whenever he shall think proper; to receive complaints of the violation of any of the by-laws, rules and ordinances of said village, and to prosecute in the name of the trustees, all offenders against the same, and to see that the public property belonging to said village be suitably taken care of and kept in order, and to do such other acts and things as may be proper for him as president of the board of trustees: and in case of the death or disability of such president, the said trustees shall choose out of their body a successor, in manner before mentioned. S9. The trustees shall keep a just and accurate account of their necessary expenses and disbursements, at all reasonable times, open to the inspection of the inhabitants of said village, and on exhibiting the same to the treasurer, shall be entitled to receive the amount thereof out of any money in the treasury; the treasurer, assessors and clerk shall be paid for their services such suitable compensation as the said trustees, by a by-law of the corporation, shall provide. |