lots between Orange and Columbia-streets, fronting on the Albany basin, in the city of Albany, eastwardly into the said basin, so that the eastern boundaries of said water lots shall be a straight line drawn from the southeast corner of the water lots north of Orange-street to a point in said basin opposite the foot of Columbia-street, to be determined by said commissioners.

CHAP. 299.

AN ACT to incorporate the Buffalo burial ground association.

Passed May 6, 1834.

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

S1. Hiram Pratt, George B. Webster, Heman B. Pot- Corporation ter, Russel H. Haywood, Lewis F. Allen, and such other croated. persons as may be hereafter associated with them, are hereby constituted a body corporate, by the name of "The Buffalo Burial Ground Association," with power to take, hold and convey real and personal estate to the use of the said corporation, to the amount of ten thousand dollars.

$ 2. The estate, stock, property and affairs of the said Trustees. corporation shall be managed by five trustees, to be elected in the manner hereafter directed, and who shall hold their office for three years, and until others shall be chosen in their place. The persons named in the first section of this act shall be the first trustees, and shall hold their offices until the first Monday of April, in the year one thousand eight hundred and thirty-seven, and until others shall be chosen.

may be held

S 3. The said corporation may acquire, take and hold Lot of land a lot or tract of land within the town of Buffalo, not ex- and divided ceeding twenty acres, which land when acquired by said into plats. corporation, shall be used exclusively as a cemetery, or place for the burial of the dead; and for this purpose it shall be surveyed and sub-divided into lots or plats of convenient size for family burial grounds; and a map of said survey, containing the numbers of said plats or subdivisions, shall be filed in the clerk's office of the county of Erie. When the said map shall be filed, the said trustees may sell and convey such plats or sub-divided lots on such terms and such prices as they shall agree on, which conveyances shall be made under the seal of said corporation,

Election.

Plats exempt

tion.

and signed by a majority of said trustees; but all moneys obtained for such sales shall be applied by said trustees to the payment of the purchase money of the land acquired by said corporation, and to improving and embellishing the same as a cemetery or burial ground.

S 4. An election of trustees shall be held on the first Monday of April, in the year one thousand eight hundred and thirty-seven, and on every first Monday of April triennially thereafter, during the continuance of said corporation, at such time and place in the city of Buffalo, as the trustees shall appoint. Notice of such election, and of the time and place of holding the same, shall be given in one or more newspapers published in the city of Buffalo, at least fourteen days previous to the time of holding the same. The election shall be by ballot, and every owner of a plat or plats shall have a vote for each plat he may own, and he may appoint a proxy to vote for him at such election. And the five persons, being plat owners, that shall have a majority of all the votes given at such election, shall be declared duly elected trustees. The trustees of said corporation shall have power to fill any vacancy in their number that may occur during the period for which they hold their office. And if it shall happen at any time that an election of trustees shall not be made on the day designated by this act, the corporation shall not for that cause be dissolved, but the election may be held on any other day, giving the notice thereof as is herein before described.

$5. The said plats or sub-divided lots, when conveyed ed from taxa- by said corporation to individual proprietors, shall be exempt from taxation, and not liable to be sold on execution, or to be applied to the payment of debts.

General

powers.

$6. The said corporation shall possess the general powers, and be subject to the liabilities and provisions contained in title three of chapter eighteenth, of the first part of the Revised Statutes.

CHAP. 300.

AN ACT authorizing the laying out of highways through orchards, in the counties of Westchester and Putnam.

Passed May 6, 1834.

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

$1. Public roads may be laid out through orchards in the counties of Westchester and Putnam, without the consent of the owner or occupant thereof, the same as through enclosed, improved or cultivated land: and so much of section fifty-seven, of article fourth, of title first, of chapter sixteenth, of part first of the Revised Statutes, as is inconsistent with the provisions of this act, is repealed.

CHAP. 301.

AN ACT to incorporate the Montgomery manufacturing

company.

Passed May 6, 1834.

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

created.

S1. All persons who shall become stockholders pursu- Corporation ant to this act, shall be, and are hereby constituted a body corporate by the name of "The Montgomery Manufacturing Company," for the purpose of manufacturing cotton, woollen, flax or hemp goods and fabrics, or either of them separately, upon and at the Wallkill, owned by David Ruggles, in the town of Montgomery, in the county of Orange.

$ 2. The corporation hereby created may purchase or water powlease the water power above mentioned, with the build- er and mills. ings and mills erected thereon, or any part or portion. thereof, and such lands adjacent thereto as they may deem useful for the purpose of carrying on their manufacturing operations, and the business of this corporation.

53. The capital stock of the said company shall not stock. exceed one hundred thousand dollars, which shall be divided into shares of twenty-five dollars each: but it shall be lawful for the said corporation when thirty thousand dollars shall have been subscribed and paid in, to commence its said business; and with that capital to conduct and carry on the same, until said corporation shall find it

Subscriptions to stock.

Notice.

Directors.

Calls on

expedient to extend its capital, which it is hereby authorized to do from time to time, to the amount of one hundred thousand dollars; and the directors for the time being shall have power to receive subscriptions for such extension and increase of the said capital.

S 4. The first subscription to said stock shall be opened under the direction of Charles Borland, Isaac Jennings, Thomas Powell, Samuel Williams, Charles Rhind, Samuel B. Ruggles, William S. Sears, and David Ruggles, or either of them, who are hereby appointed commissioners for that purpose, and authorized to receive subscriptions to the said capital stock, at such times and places as they shall deem expedient.

$5. Whenever thirty thousand dollars or any greater sum shall be subscribed, the said commissioners shall, by an advertisement to be published for three weeks successively, in one of the public newspapers printed in the county of Orange, give notice of the time and place of holding an election for directors of the said company, which election shall be held in the county of Orange, under the inspection of the said commissioners or any three of them, and shall be by ballot, by a majority of the votes of the stockholders present, either personally or by proxy, allowing one vote for every share of stock.

S6. The stock, property, affairs and concerns of the corporation shall be managed and conducted by five directors, who shall be stockholders, and such directors shall be elected annually, and shall choose one of their number to be their president; and if any vacancy shall at any time happen among the directors by death, resignation or otherwise, such vacancy shall be filled by the other directors, or a majority of them, at a meeting of the board of directors to be held for that purpose, of which meeting at least fourteen days' notice in writing shall be given to each of the directors, either personally or by mail, directed to him at his usual place of residence.

$7. As soon as the directors of said company shall stockholders have been chosen, the said commissioners shall deliver over to them the subscription books, and the president and directors of the said company may call for and demand of the subscribers for the said stock, all such sums of money as are by them respectively subscribed; which said sums the subscribers and stockholders are hereby declared liable to pay, at such times and in such proportions as the said president and directors shall deem best for the interest of the company: the said president and directors giving thirty days previous notice of such call or demand, in one of the public newspapers printed in the county of

Orange: and in case of failure to pay the same, the said president and directors may declare the shares of such subscriber or stockholder so failing, forfeited, and such shares, with all previous payment made thereon, shall be thereby forfeited, and become the property of said corporation.

$8. The stock of the said corporation shall be deemed Stock deemed personal personal property; no stockholder indebted to the corpo- property. ration shall be permitted to make a transfer of stock, or receive a dividend until such debt shall be paid, or secured to the satisfaction of the president and directors; nor shall any transfer of stock be valid until the same shall be entered or registered in the book to be kept for that purpose.

S9. The said company shall be allowed two years to fill up the first subscription to the said stock, and to commence operations.

powers.

S 10. In addition to the powers and priviledes herein General granted, the said corporation shall possess the general' powers, and be subject to the general restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes.

S 11. The corporation hereby created shall continue Right to retwenty years and no longer, and the legislature may at peal. any time alter, modify or repeal this act.

CHAP. 302.

AN ACT to renew and amend the act entitled "An act to incorporate the Hudson and Berkshire rail-road company," passed April 26, 1832.

Passed May 6, 1834.

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

$1. The act entitled "An act to incorporate the Hud- Act renewed. son and Berkshire rail-road company," passed April 26, 1832, is hereby renewed and continued in full force.

2. If the said corporation, hereby renewed, shall not, Time limited within three years from the passage of this act, commence, and within five years thereafter, construct, finish, and put in operation the said single or double rail-road or way, then the said corporation shall thenceforth forever cease, and this act shall be null and void.