the estate of eric for the all monies in state. necessary and expedient to purchase in of the estate of the said Jo- To purchas that sale is CHAP. XLVIII. AN ACT to incorporate the Hudson Aqueduct Company. WHEREAS the proprietors of the aqueduct in the city of Hudson, have, by their petition, represented that the laws relative to the said aqueduct, now in force, have been found by experience insufficient for the due regulation and management of the same, and have therefore prayed an act of incorporation, whereby they may be the better enabled to supply the inhabitants of the said city with water: Therefore, I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Robert Jenkins, William Johnson, Judah Paddock, Ebenezer Comstock and Gayer Gardner and others, their present and future associates, their successors and assigns, be and they are hereby created and declared to be a body corporate and politic, in fact, by the name of "The President and Directors of the Hudson Aqueduct Company;" and by that name may have perpetual succession, and shall in law be capable of suing and being sued, in all courts and places whatsoever, and may have a common seal, with power to alter the same, and by the name and style aforesaid, capable of purchasing and holding such real property as shall be necessary to attain the object of this incorporation; Provided, such real estate shall not exceed in value ten thousand dollars. II. And be it further enacted, That all property, real and personal, vested in the Hudson aqueduct company, in virtue of the act incorporating them, or any other act, shall be and hereby is transferred to and vested in the company hereby created; that the capital stock of the said company shall not exceed fourteen thousand dollars, to be divided in four hundred shares, of thirty-five dollars each; Capital di that the present stockholders of the Hudson aqueduct company, shall vided in 400 hold two hundred shares of the said capital stock, and shall be credited with the sum of thirty-five dollars upon each share by them respectively held; and the said president and directors may open shares. 1 14 days notice tion given. aqu-duct have the right a book for subscribing the remaining two hundred shares, in such manner as they may direct, giving at least fourteen days notice in the of subscrip- newspapers printed in the city of Hudson, of the time and place of subscription, and continue the same open until the said two hundred shares shall be subscribed, and may direct the payment of the sum of thirty-five dollars on each share subscribed, at such times and in such proportions as they may from time to time order, giving the like notice of such payments: Provided however, that the present The Hudson stockholders of the Hudson aqueduct company shall have the exclu comp by to sive right and privilege of subscribing for the said two hundred of subscribing sha.es, or such part thereof as they may think proper, at any time nor exceeding within six days after the book is open for subscription; Provided, that no storkhelder shall have the privilege to subscribe for more shares than he now holds, until after the aforesaid six days expire. III. And be it further enacted, That the stock, property, interest and concerns of the said company, shall be managed and conducted by five directors, being stockholders and inhabitants of the said city of Hudson, a majority of whom shall form a board, and who shall hold their office for one year; and the said directors shall 5 directors to be elected on the first Mon ay in May in each and every year, the first Mon- excepting the ensuing first Monday in May, at such time and place day in May. within the said city as the directors for the time being shall appoint; 200 shares. be elected on be by ballot. whereof public notice shall be given by the said directors, in one or more of the public newspapers printed in the said city, or by putting up such public notice in a least four of the most public parts of the said city, at least three weeks immediately preceding the time of holding such election; and the said election shall be held by the said directors, or by such one or more of them as they shall appoint, and shall be made by such of the stockholders as shall attend in their proper persons or by proxy, and each share shall be entitled to ore vote; all elections shall be by ballot, and the five persons who Elections to she have the greatest number of votes at any election, shall be the directors; and in case any two or more persons shall at any such election have an equal number of votes, in such manner that a greater number of persons than five shall by a plurality of votes appear to be chosen as directors, then the said stockholders herein before authorised to vote at such elections, 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 the director or director, so as to complete the whole number of five; and the said directors, as soon as may be after their election, shall proceed to elect one of their Dumber to be their president; and if any one or more of the said directors shall die, resign, or move from the said city, before the expiration of the year for which he or they shall have been elected, his or their place or places shall be filled by such person or persons as shall be elected for that purpose, by the remainder of the directors or a majority of them And the first directors of the said company shall be Robert Jenkins, William Johnson, Ju 'ah Paddock, Ebenezer Comstock and Gayer Gardner, and shall hold their offices until the first Monday in May, in the year one thousand eight hundred and seventeen; and in case it shall at any time happen tha an election of directors should not be made on any day when, pursuant to this act, it ought to have been made, the corporation shall not for Directors named. that cause be deemed to be dissolved; but it shall and may be lawful for the directors last chosen to order an election to be held on any other day within three months thereafter, of which public notice shall in like manner be given at least twenty days preceding the time of holding the same. To make by-laws IV. And be it further enacted, That the said directors so to be chosen, shall have power to elect and appoint one discreet person for their clerk and treasurer, and one discreet person for their collector, and such other agents as may be necessary to carry into effect the objects of this incorporation; to make and ordain ali such by-laws, ordinances, rules and regulations, relative to the said aqueducts, as they may deem proper and necessary, for the superintendance, regulation and management of the same, and of such as may be added thereto; and for the alteration, preservation and reperation thereof; and relative to all other property, interest and concerns of the said company. And the said president and directors may ordain and prescribe such fines and penalties for the breach or non-performance of any of the said by-laws, as to them shall seem proper, which fines and penalties shall not exceed in any one case the sum of twenty-five Penalty noe dollars; and all fines and penalties which shall exceed the sum of to exceed 25 two dollars and fifty cents, may be recovered by the president and directors, in their name, for the use of the said company, by action of debt or information, in any court within the city of Hudson having cognizance thereof; and all fines and penalties, not exceeding the sum of two dollars and fifty cents, shall and may be collected by the collector, in the same manner and by the same process as the collector shall collect the rate or tax on water, as hereafter regulated in the sixth section of this act, for the use of the said company: Provided, such by-laws be not contrary to, or inconsistent with the constitution and laws of this state or of the United States. dollars. Fines of lected V. And be it further enacted, That it shall and may be lawful for the president and directors of the said company, and their superintendants, artists, workmen and laborers, with carts, waggons and other carriages, with their beasts of draft and burthen, and all necessary tools and implements, to enter upon any lands, streets, lanes, alley, turnpike roads, public ground or highways, in the said city of Hudson, to dig the ground, lay down, alter aud repair the said aqueducts, doing as little damage thereunto as possible, and repairing and meuding any breaches or other injury they make or commit to such lands, streets, lanes, alley, public grounds, turnpike roads or highways, and to dig up, tear down and remove any trees, bushes or shrubs, the roots of which shall injure the said aqueducts, or obstruct or impede the free passage of the water in and through the To remove same; and it shall be lawful for the president and directors, or their obstacles that agents, to kill and destroy any tree, shrub or bush, that is planted or way of the found growing on any private ground within forty feet of the aqueducts: Provided always, that no public street, lane or highway shall No public be dug into, or in any wise injured or defaced, without the permission street to be of the common council of the city of Hudson for that purpose first out the conhad and obtained: And provided also, that damages done on any com. council. lands by said company, or their agents, shall be estimated and ap praised by three indifferent persons, not being stockholders in the Damages said company, or inhabitants of the said city, under oath or affirmF may be in the aqueduct, dug into with sent of the be appraised ase of the water. collector to plaint. Levying the tax. ation, to be appointed by a judge of the court of common pleas' ast residing in the city of Hudson, on the application of the said president and directors, or the party aggrieved; which damages, when assessed by the said appraisers or any two of them, shall be forthwith paid by the said company, to the owners of such lands; and for the recovery of which, such owner may, after demand aud refusal, have his action of debt in any court of competent jurisdiction. VI. And be it further enacted, That it shall be lawful for the said president and directors to impose on the inhabitants of the city of Hudson, who shall use the water of the aqueducts, such an annual rate or tax as shall produce to the stockholders of the said company Amount of an annual dividend of nine per cent. on the money by them actually tax for the expended in the inaking, laying down and repairing the said aqueducts, together with such sums as they may think proper to allow to their collector, clerk and treasurer, agents and superintendants; and if any inhabitants of the said city, using the water of the said aqueduct, shall neglect or refuse to pay such rate or tax as shall be imposed by the president and directors, for the use of the said water, by and for the space of three days after the demand made at his or her dwelling-house or last residence, it shall be the duty of the colIf not paid, lector of the company immediately thereafter to enter complaint enter com- thereof in writing, to a justice of the peace in the said city of Hudson, who shall issue a warrant under his hand and seal, directed to any constable of said city, and commanding him for hwith to levy and collect the said rate or tax, together with the costs, of the goods and chattels of such person or persons, who shall so neglect or refuse to pay the same, and to return the said warrant within ten days; for which services the justice shall receive twenty-five cents, and the constable shall eceive the same fees as are allowed for like services by the act, entitled "an act for the more speedy recovering debts to the value of twenty-five dollars;" provided the said costs shall Bot exceed two dollars and fifty cens; and it shall be the duty of the said constable to make sale of the said goods and chattels of such delinquent, if any can be found, before the return day of the said warrant, giving three days public notice of the time and place of such sale, and to make return of the said warrant as he shall be therein cemmanded; in default of which, he shall be deemed liable to pay the said rate or tax and costs, aud may be sued for the same by the president and directors, in an action of debt, in any court having cognizance thereof: And be it further provided, that after the whole capital stock of the said company that shall be subscribed and expended, in the reparation, alteration or extension of the said aqueducts, it shall and may be lawful for the said president and directors to assess on the inhabitants using the water of the said aqueducts, in addition to the tax or rate before mentioned, and the wages and salaries paid their collector, clerk, agents and superintendants, all and every sum or sums of money annually by them expended, in the reparation alteration or extension of said aqueducts, and collect the same in the manner as is herein before directed. Officers to VII. And be it further enacted, That the said clerk, treasurer take an oath. and collector, when chosen in the manner aforesaid, shall respectively, before they enter upon their respective offices, take and subscribe, before the mayor or the recorder of the said city of Hudson, who are hereby authorised to administer the same, an oath or affirmation, well and faithfully to execute their respective trusts and offices, according to the best of their skill and understanding; which said clerk, treasurer and collector, so elected, chosen and qualified, shall continue in their respective offices until others be duly chosen and qualified in their respective places. And the said president and directors may, by ordinance or by-law, direct the same oath or affirmation to be in like manner administered to any other agent whom they may hereafter constitute and appoint, ia pursuance of this act. the minute, VIII. And be it further enacted, That the said clerk and treasurer, so to be chosen and qualified as aforesaid, shall, as clerk clerk & treas of said company, keep the minutes of, and record all the votes and urer to keep elections of the said company, and all the ordinances, by-laws, reso. books, &c, lutions, transactions and proceedings of the president and directors, and shall keep a proper book, in which he shall duly enter the names of all the stockholders of the said company, together with their several and respective rights or shares of, in or to the said aqueducts, according to such by-law or rule as the said president and directors shall or may hereafter prescribe and direct for such purpose, and shall also duly enter in the same book every transfer or assigument made, or hereafter to be made, of any right or share of, in or to the same aqueduct, according to such rule or by-law as the said president and directors may hereafter prescribe and direct for such purpose, which entry, so to be made by the said clerk, shall be deemed evidence of such transfer or assignment. And no person shall be considered a stockholder of the said company, after the space of six months from the passing of this act, until the evidence of his right or share shall be entered as aforesaid. And the said clerk and treasurer, as treasurer of the said company, shall keep a book, in which he shall enter all receipts, advances and expenditures, of all sum of money by him received, advanced or paid out, according to the orders and directions of the said president and directors: And the said clerk and treasurer shall likewise do and perform all other duties lawfully committed to him by any law, rule or ordinance, to be made in pursuance to this act by the said president and directors. former aque IX. And be it further enacted, That all lawful agreements, votes and proceedings, made, had or done by the proprietors of the said Allacts of the aqueduct, and entered upon their records, concerning the said aque- duct compe ducts shall be considered valid and obligatory among the said stock-ny valid. holders, and binding upon all, each and every of them; and all lands and other property, belonging to and owned by the said proprietors, being part of the stock of the said company, shall be, and the same are hereby declared to be, vested in the said president and directors, for the use and benefit of the said company: And all sales, transfers, Former sales, leases, assignments, deeds, or other conveyances of lands or other property, heretofore made or executed by the proprietors of the said aqueducts, or by the inspectors thereof, in their behalf, or by any other person or persons, as trustees for them, shall be considered, and they are hereby declared to be, as valid and effectual in law as if the same had been made and executed by the said president and directors in pursuance of this act &c. valid. |