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Treasurer.

Asessors, & meetings in every year hereafter to be held for choosing trustees,

or any other meeting duly notified, shall, and they are hereby authorised, to choose by a major vote, not less than tliree nor more than five judicious freeholders, inhabitants of said village, as assessors, and 0.e treasurer.

VIII. And be il further enacted, That it shall be the duty of the Collector trustces, or a majority of them, and they are hereby authorised and & Clerk.

empowered, to appoint, under the hand of the president aud seal of the village, one colicctor and one clerk; and it shall be the duty of the said clerk io keep a faithful record of all the doiogs and votes of the iohabitants of said village, at their annual and other legal meetings, in a book for that purpose to be provided by the trustees ; and to attend the meetings of the trustees, and to record the laws, orders and proceedings of the trustees,, in a book provided for that purpose by the trustees : And the said trustees may remove their. collector and clerk, and appoint others in their stead, and appoint a clerk pro tempore.

IX. And be it further enacted, That the trustees, assessors, treasurOfficers to make oath. er, collector and clerk shall, within ten days after their election and

appointment, and before they proceed to the exercise of their several offices, respectively take and subscribe an oath or affirmation, before any justice of the peace in said village or county of Saratoga, that they will faithfully execute the office or trust to which they may be severally chosen or elected; and the treasurer and collector, hereaster to be chosen or elected, shall, before they enter upon the duties of their respective offices, give such security for the faithful performance of the trust reposed in them, as the major part of the trustees, for the time being, shall deem sufficient; and that election of officers by the freeholders and inhabitants shall be by ballot.

And whereas it is necessary for the good government of the said village, that it should be more particularly the business of some one of the trustccs of said village to attend to its more immediate concerns : Therefore,

X. Be it further cnacted, That the trustees, within ten days Trustees

ces to after their election, in every year thereafter, or the major part of choose a president. them, shall, and it is hereby made their duty, to assemble in some

convenient place in said village, and there to choose and appoint some one suitable person of their body, to be president of said board of trustees, whose duty it shall be, when present, to preside at the meeting of the trustees; to order extraordinary meetings of the trustees whenever he shall think proper; to receive complaints of the breach of any of the laws; to see that the by-laws, rules and ordinances are faithfully executed and observed, and to prosecute, in the name of the trustees, all offeuders against such by-laws; and whose duty it shall be, more particularly, to see that the public property belonging to the said village, and relating to the fire engines and utensils, 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, to do: And in case of the death or disability of such president, the said trustees shall proceed to choose out of their body a successor, iu manger as above mentioned.

XI. And be it further cňacted, That the collector shall, wiihin Collector's such time as shall be bereafier specified by the by-laws of said duty. corporation, next after the receipi of his warrant for the collection of any tax that may have been ordered to be raised, collect and pay over the same to the treasurer; and all monies at any time in the hands of the treasurer, shall be liable to be drawu out by the trustees, or a major part of them, and applied and disposed of as sball have been directed by the ivhabitants of said village.

XII. And be it furiher enacted, That the trustees shall keep a Accounts to just and accurate account of their necessary expenses and dis- be kept. bursements, at all reasonable times open to the inspection of the inhabitants of the said village ; and on exhibiting the same to the treasurer, shall be entitled to receive the amount thereof ont of any money in the treasury; and that the treasurer, collector, assessors and clerk shall be paid for their several services, such suitable compensation as the said trustees, or a majority of them, by a by-law of the corporation, shall provide ; and that the said trustees shall reserve for their services, such reasonable compensation, as the inJabitants of said village, at their appual meetings, shall thick proper to grant and allow. · XIII. And be it further enacted, That the trustees to be elected

Duration " by virtue of this aci, shall continue in office, and be authorised to of office. exercise all the powers and perform all the duties in this act contained, and belonging to their oflice of trustees as aforesaid, until the first Mooday of May dext following after their election as trustees as aforesaid, and until a new election for trustees of the said village shall be made, pursuant to this act, and until the said trustees so last chosen shall take and subscribe the oath or affirmation of the office of t. ustee.

XIV. and be il further enacted, That the said village of Sullwater be, and the same is hereby constituted a road district, subject to be subdivided by the said trustees, and that the same be exempt The village from the superintendance of the commissioners of highways of the toconstitute town of Stillwater; and the said trustees of the village of Stillwater a road dissha!l have all the powers over the said road district, and discharge all the duties which by law are given to or enjoined upon the said commissioners of highways, and subject to the like restrictions and appeals; and it is hereby declared lawful for the inhabitants of the said village, at their annual meetings as aforesaid, to choose an overseer of highways for each and every subdivision in said road district, as shall be laid out by the said trustees; which overseers or patlımasters shall have all the powers and discharge all the duties in their several districts or subdivisions which by law are given to or erijoided upon other overseers of highways, giving in their lists, and being accountable to said trustees, in the sanie manuer as other overseers of highways are bound by law to do, to the town clerk and to the commissioners of the highways.

XV. And be il further enacted, That it shall be the duty of the said trustees, or a majority of them, and they are hereby au- Firemen) thorised and empowered to appoint, under the hand of the presi. dent of the board and seal of the village, three-fire wardeus, and a company of fifteen firemen, cut of the inhabitants of said village, to have the care, management, working and use of the fire engine or

engines which may belong to the said village, and also the tools and implements for extinguishing fires; and the said trustees, or a majority of them, are: hereby authorised to remove or displace all or any of the fire wardens or firemen, so as aforesaid to be elecied and appointed, when and as often as they shall think fit, and others in their stead to elect, nominate and appoint.

XVI. And be il further enacted, That if any of the inhabitants of the Penalty for said village, qualified as aforesaid, shall be elected or chosen a trustee, refusing to serve in

to and having police of his said election, shall refuse or neglect to take office upon him the said office, it shall be lawful for the trustees who do

accept the said office, to impose at their discretion a fine upon any person so neglecting or refusing, not exceeding twenty-five dollars, to be recovered in the same manner as other fines and penalties are to

be recovered by virtue of this act, and to the use of the said village. Declared a

XVII. And be il further enacted. That this act be, and is hereby public acte declared to be a public act, and shall be construed beuiguly and

favorably for every beneficial purpose herein intended.

CHAP, CCXII.

AN ACT for the improvement of the navigation of the Mohawk

and Hudson Rivers.

Passed April 17, 1816. WHEREAS it is represented to this Legislature, that the waters of the Mohawk river may be coupected with the waters of the Hudson, by an easy and practicable route for all purposes of boat

navigation, by means of a canal and locks, to be erected on the Preamble north side of the great Cohoes falls on the said Mohawk, and the

navigation of the said Mohawk river improved from the city of Scheuectady to the said falls, to the great advantage of the agricultural and commercial interests of this state.

And whereas certain persons by their petition have prayed, that an act of incorporation may be passed for that purpose : Therefore,

I. BE it enacted by the people of the State of New-York, repreS: Reynolds sented in Scnate and Assimbly, That Samuel Reynolds, John & others in Cramer, Guert Van Schoonhoven, Elijah Janes, Elias Parmelee, corporated.

and all such persons as may associate with them for that purpose, and shall become stockholders in the said company, shall be and hereby are ordained, constituted and declared to be a body corporate and politic, in fact and in panie, for the purpose of opecing and improving a lock pavigation, from the vavigable waters of the Hudson river, to be extended to the city of Schenectady, around the Cohoes falls, on the north side of the Mohawk river, and to be called and known by the name of the “ President, Directors, and Company of the Hudson and Mohawk Lock Navigation in the state of New.

York,” and by that name they and their successors shall and may Style, &c.

have perpetual succession, and shall 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, and in all manner of actions, suits, com

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plaints, matters and causes whatsoever; and that they and their Huecessors may have a common seal, and may change and alter the same at their pleasure, and also that they and their successors, by the same name, shall be in law capable of purchasing, holding and conveying ang estate, real or personal, for the use of the said corporation.

II. And be it fierther enacted, That a share in the said company shall be fifty dollars, and the number of shares shall be ten thousand ; Stook. and subscriptions shall be kept open uoder the direction of the president and directors of said company, until the said number of shares shall be subscribed, and at such times and places as they or a majority of them shall think proper: And the whole amount of the stock, estate and property, which the said corporation shall be aythorised to hold, including the capital stock above mentioned, shall never exceed in value five hundred thousand dollars.

II. And be it further enacied, That the stock, property, affairs and main concerns of the said corporation, shall be managed and conducted by to be manthirteen directors, one of whom to be president, who shall hold their aged. offices for one ycar, and shall be stockholders and citizens of this state, and shall be elected on the first Monday in October in every year, at such place as a majority of the directors (who shall upon all occasions constitute a board for doing business for the time being shall appoint; and public nolice shall be given by the said directors, in the newspaper printed by the printer to this state, and in the newspaper printed in the village of Waterford, not more than fourteen, por less thau seven days previous to the day of holding said election; and the said election shall be held and made by such of the stockholders of the said company, as shall attend for that purpose, either in person Election of or by proxy, whieh proxies shall always be stockholders; and all directors: elections shall be by ballot, (each stockholder being onlilled to as mapy votes as he shall hold shares in said company) and the persons wlo shall have the greatest puruber of votes, shall be directors; and if it should happen at such election, that two or more persons have an erial number of votes, then the said directors in office, present at The time of such election, shall proceed to ballot, and by plurality of votes determine which of the said persons so having an equal uumber of yotes shall be the director or directors, so as to complete the whole Qumber of thirteen; and the said directors, chosen at such cleotion, as soon as may be thereafter, shall proceed in like manuer to elect by ballot, one of their number to be their president : And if any director shall move out of this state, bis office shall be considered as vacant; and whenever any vacancy or vacancies shall happen among the directors, by deatli, resignation or removal, such vacancy or vacancies may be filled for the remainder of the year in which they shall happei), by such person or persons as the remainder of the directors for the time being, or a majority of them, shall appoint : And the first directors shall be Sanuel Reynolds, Elisba Williams, James Hickock, Moses Scott, Abraham C.Lansing, Samuel Demarest, First

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Jobp Williams, Elijah Janes, Mathew L. Davis, Joshua Mapda vill,

i director: Cadwallader D. Colden, John I[ause aud Asa Burt, and shall hold their offices, respectively, until the first Monday of October, one thousaod eight hundred and scventeep.

Election IV. And be it further enacted, That in case it should at any may be held time happen, that an election of directors should not be made on any on any day.

· day when, pursuant to this act, it ought to have been done, the said

corporation shall not for ihat cause be deemed to be dissolved, but that it shall and may be lawful, on any other day, to hold and make ap election of directors, in such mauner as shall have been regulated

by the by-laws and ordivauces of the said corporation. By-laws.

V. And he it further enacted, That the directors for the time being, or a major part of them, shall have power to make and prescribe such by-laws, rules and regulations, as to them shall appear Deediul and proper, touching the management and disposition of the stock, property, estate and effects of the 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 business and conceros of the said company; and shall also have power to appoint such officers, agents, clerks, superintendants, engineers, workmen, and others under them, as shall be necessary for executing

the business of said corporation, and with such salaries and allowi'roviso. "ances, as to them shall seem meet: Provided, that such by-laws, rules

and regulations be not repugnant to the constitution and laws of the United States or of this state.

VI. And be it further enacted, That the president of said com.

pany shall have power to call special meetings of the directors, and Meetings together with any two of the directors, to call special meetings of

the stockholders, whenever the same shall be deemed expedient, first giving fourteen days previous notice thereof, in the newspapers heretofore mentioned in this act.

VII. And be it further enacted, That the said company hereby

incorporated, shall have full right, power and authority, in addition Power to cut

Get to the powers hereby above granted, to cut, construct and make a & construct the canal. oanal, or otherwise improve the navigation of the Mohawk river

from the city of Schenectady to some convenien place above the great Cohoes falls, on the north side of the said Mohawk river; and from thence to construct and make a capal arund the said falls, ou the north side thereof, extending into the Hudson river; and to construct in such canal, and in the waters and places adjoining the same, all such locks, dams, and other works and devices, as shall be necessary for the purpose of making a complete navigable water communication, between the Hudson and Mohawk rivers, to the said

city of Schenectady: Provided, that every such canal shall not be Proviso. less than thirty feet broad at the bottom or base, nor any lock less

than sixteen feet broad and one hundred feet long in the clear, between the gates thereof: And provid d also, that nothing herein contained shall be construed to prevent this state from making, or authorising to be made, a canal, or from otherwise improving the navigation of the said Mohawk river, from the west bounds of the city of Schenectady, to some couvenient place above the great Cehoes falls, on the southerly side of the said river, nor from making use of any quantity of the waters of the said river, not exceeding two thirds of the same, for the purpose of constructing a canal navigation from above the said Cohoes falis to the Hudson, on the south side of the said river; and for constructing mills and other bydraulic works and purposes.

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