or who is entitled to receive the same as aforesaid, be under legal disability as aforesaid, payment may be made to his guardian or person appointed as aforesaid by the said court, and if said guardian or person appointed cannot be found, then by deposit in bank as aforesaid. real estate. § 13. The said company shall also take and hold for Title to the purposes contemplated by this act, all the lands, waters, and real estate which they shall in any way legally enter upon and take by virtue hereof, to them and their successors forever. §14. The said directors of said company may establish rules and regulations for and concerning the conduct and government of all such persons as shall use the water from their works so far as respects the preservation and use, and restraining the waste thereof, and may thereby impose penalties and forfeitures for any violation of said rules and regulations, so that such penalty or forfeiture shall not in any case exceed five dollars, which penalties may be recovered with the costs in the name of the company, before any justice of the peace of said county. Said rules and regulations shall be published for three weeks successively in one newspaper published in said county, and a copy of said rules and regulations certified by the president or secretary of said company with affidavits of said publication of the same made by the publisher of said paper or by a foreman in his office, shall be received as evidence in all courts and places. By-laws. works. § 15. Any person who shall maliciously or wilfully de- Penalty for stroy or injure any of the works or property of said com- injuring pany, or who shall maliciously or wilfully commit any act which shall injuriously affect or tend thus to affect the water of said company, shall be guilty of a misdemeanor. 16. The corporation hereby created shall possess the Powers. powers and be subject to the provisions of title three, chapter eighteen of the first part of the Revised Statutes. liability. 17. All the stockholders of the company hereby crea- Personal ted shall be severally individually liable to the creditors of said company to an amount equal to the amount of stock held by them respectively for all debts and contracts made by said company until the whole amount of the capital stock fixed and limited by the directors of said company shall be paid in and a certificate thereof shall have been made and recorded as prescribed in the following section, and the capital stock so fixed shall all be paid in, onehalf thereof in one year, and the other half within two years from the time of the commencement of the works ! Certificates stock. of said company under this act or the corporation hereby created shall be dissolved. § 18. The president and a majority of the directors withof capital in thirty days after the payment of the last instalment of the capital stock shall make a certificate of the amount of the capital fixed and paid in which certificate shall be signed and sworn to by the president and a majority of the directors, and shall within thirty days be recorded in the clerk's office of Herkimer county. Liability § 19. The stockholders of said company shall be jointly for labor. and severally liable for all debts that may be due and owing to all their laborers and servants for services performed for said company. Debts limited. trustees. § 20. The indebtedness of said company shall not at any time exceed an amount equal to seventy-five per cent of its capital stock, and if the indebtedness of said company shall at any time exceed such amount the directors of said company assenting thereto shall be personally and individually liable for such excess to the creditors of such company. Liability of § 21. No person holding stock in said company as executor, administrator, guardian or trustee, and no person holding such stock as collateral security shall be personally subject to any liability as a stockholder of said company but the person pledging said stock shall be considered as holding the same, and shall be liable as a stockholder accordingly and the estates and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like manner and to the same extent as the testator or intestate or the ward or person interested in such fund would have been if he had been living and competent to act and held the stock in his own name. Every such executor, administrator, guardian or trustee shall represent the shares of stock owned by him as such administrator, guardian or trustee at all meetings of the company, and may vote as a stockholder, and every person pledging his stock as aforesaid may in like manner represent the same and vote accordingly. Limitation of liability. 22. No stockholder shall be personally liable for the payment of any debt contracted by said company which is not to be paid within one year from the time the debt is contracted, nor unless a suit for the collection of said debt shall be brought against said company within one year after the debt shall have become due, and no suit shall be brought against any stockholder who shall cease to be a stockholder in said company for any debt so contracted unless the same shall be commenced within two years from the time he shall have ceased to be a stockholder in such company, nor shall any suit be brought against any stockholder until an execution against the company shall be returned unsatisfied in whole or in part. § 23. This act shall take effect immediately. Chap. 71. AN ACT to confirm certain acts of school district number twelve, in the village of Medina, relative to raising money to complete the school house.. Passed March 29, 1851, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: ings iegal ized. §1. The acts of school district number twelve, formed Proceedpartly out of the town of Shelby and partly out of the town of Ridgeway, in the county of Orleans, at the annual meeting in the month of October, one thousand eight hundred and fifty, relative to the raising of a sum of money necessary to complete the school house in said district and furnishing the same, are hereby declared legal and valid; and the board of education of the village of Medina are authorized to assess, levy and collect a tax in the mode provided by law, equal in amount to the sum so voted to be raised in said district number twelve, at said annual meeting; such assessment may be made at any time within three months after the passage of this act. And the moneys so raised shall be applied exclusively to the object for which the same was voted at said annual meeting in said district. §2. The board of education in said village of Medina, are further authorized to assess, levy and collect, at the same time and in the same manner provided in the first section of this act, such additional sum not exceeding the sum of two hundred and fifty dollars, as may be required to pay and discharge any debt or liability incurred by said board in erecting a school house in said district, and the moneys so assessed and collected, shall be applied to the payment of such debts as shall have been so contracted before the first day of January, one thousand eight hundred and fifty-one. §3. This act shall take effect immediately. Village to be road district. Power of commis Chap. 72. AN ACT to amend the act entitled "An act incorporating the Sacketts Harbor and Saratoga Railroad Company," passed April 10, 1848. Passed March 29, 1851. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The provisions of the act to authorize the formation of railroad corporations and to regulate the same, passed April 2d, 1850, are hereby extended to the Sacketts Harbor and Saratoga Railroad Company, and the rights, powers and privileges of said company as incorporated April 10, 1848, are extended one year. §2. This act shall take effect immediately. Chap. 73. AN ACT to authorize the village of Canastota to be a separate road district. Passed March 29, 1851, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The village of Canastota is hereby declared to be, and is made a separate road district; and the trustees thereof shall be the exclusive commissioners of highways for said village, and they alone shall possess and exercise all the powers of commissioners of highways of towns in repairing, altering, discontinuing and laying out streets and highways, and making assessments of money and labor therefor within the limits of said village, and in laying out such labor and money raised for highways, streets and bridges therein. §2. The trustees of said village shall proceed in the sioners of same manner, and with the same powers, and under the highways. same restrictions as commissioners of highways of towns, in repairing, altering, discontinuing and laying out streets and highways in said village, and in assessing damages therefor. §3. This act shall take effect immediately. Chap. 74. AN ACT to authorize the Brabant Plank Road Company to construct their road three rods wide. Passed March 29, 1851. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. The Brabant Plank Road Company, of Kingston, Ulster county, are hereby authorized to construct their road only three rods wide, with the same rights and privileges as if the same was made of the width now required by law; and are authorized to establish a gate on said road, and collect tolls thereat, at the rates prescribed by the act for the incorporation of plank roads and turnpike roads, from all persons except those going to or returning from divine service at the place where they usually attend, in the town in which they reside or the adjoining town, a town or general election, or a funeral. 2. This act shall take effect immediately. Chap. 75. AN ACT to provide for the organization and government of the police of the city of Albany. Passed March 29, 1851, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: ARTICLE I. OF THE ORGANIZATION OF THE POLICE. lice depart §1. The watch or night police department, as at pre- watch and sent organized in the city of Albany, and also the offices might poof "city inspectors" and "police constables," are hereby ment abolabolished, and in lieu thereof there shall be established a night and day police as herein provided, and which shall be styled the police department of the city of Albany. ished. partment §2. The police department shall consist of the follow- Police deing members: one chief of police, four captains of police, how comfour assistant captains of police, forty policemen, and four posed. door men, and six police constables. |