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Penalty.

Police office clerks.

necessary, for the regulating and licensing of keepers of ordinaries, or victualling houses; or where fruit, oysters, clams, liquors, or meats, shall be sold; and for the more effectual suppression of vice and immorality, and the preserving of peace and good order in said city; and for the licensing and otherwise regulating the use and employment of dirt carts, and to prevent or regulate the firing of any fire-arms, or the firing or setting off any squibs, gunpowder, rockets, or fire-works, in said city.

$ 21. And all persons offending against such ordinances shall be deemed guilty of misdemeanor, and be punished, on conviction before any of the magistrates described in the second section of this act, by a fine not exceeding ten dollars, or in default of the payment of such fine, by imprisonment, provided such imprisonment does not exceed ten days.

$ 22. The mayor, aldermen and commonalty of the city of New-York, may appoint one or more clerks of the police office for the said city, when they deem it expe

dient.

Lot to be

sold.

Conveyance how to be executed.

CHAP. 12.

AN ACT authorising the supervisors of the county of Jefferson, to sell and convey the poor-house lot and establishment, in said county, and for other purposes.

Passed January 25, 1833.

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

S1. The supervisors of the county of Jefferson shall have power to sell and dispose of the lot of land, buildings and improvements, now used and improved as a county poor-house, or any part thereof, at any time when they shall think it for the interest of said county.

$ 2. The conveyance of the said premises, in the event of a sale, may be executed by such person as the said supervisors shall, by a resolution to be entered on their minutes, designate, and such conveyance executed by such person, in the usual form of a release, shall vest the title of the said supervisors and the said county, to the said premises, in the grantee in fee. The sum or sums for which the said premises or any part thereof shall be sold, shall be paid into the hands of the county treasurer of the said county, and remain subject to such appropriations as the said supervisors shall direct.

$ 3. The board of supervisors of the said county of Jef- New peor ferson, may, at any annual or special meeting thereof after house, &c. the passing of this act, determine to erect another county poor-house for the reception of the poor of the said county, and upon filing such determination with the clerk of the said county, they may appoint three discreet freeholders of said county, one at least of whom shall be a superintendent of the poor of said county, to be called commissioners of Jefferson county poor-house, to purchase one or more lots of land, in the whole not exceeding two hundred acres, and to erect thereon, under the direction of the said board of supervisors, one or more suitable buildings, out buildings and improvements, as may be necessary, for the accommodation and employment of the paupers of said

county.

obtained.

S4. To defray the expense of such purchase, buildings Loan may be and improvements, or to defray the expense of the necessary buildings and improvements, to be made on the present site, in case the said supervisors should deem it expedient to build and improve thereon, the said commissioners shall have power to borrow from persons or corporations, upon the credit of the said county, such sum or sums of money, not exceeding four thousand dollars, as the said supervisors shall direct, to be paid in not exceeding five equal annual payments, with annual interest, and shall pay the same into the hands of the county treasurer, subject to the orders of the said commissioners, or a majority of them.

$ 5. The sum or sums of money directed to be raised Money to be by the said supervisors, shall be assessed, and collected raised by tax. in the same manner as other county charges, and when collected shall be paid to the county treasurer, and by him applied in discharge of the said debt. The said commissioners shall execute to the person or persons, or corporations, of whom they may borrow said money, or any part thereof, a certificate or certificates, specifying the amount loaned, and the terms of said loan; and the credit of the county is pledged for the payment of said loan or loans.

board to act

$6. The concurrence of a majority of all the supervi- Majority of sors elect of said county, shall be required in the adoption of any measure in pursuance of this act.

count.

$7. The said commissioners, or their successsors, or Commissionthe survivor or survivors of them, shall at all times, when ers to ac required by the supervisors of said county, account with them for the faithful expenditure of all the moneys received by them or either of them, by virtue of this act.

To give bond

Their pay.

Power of supervisor's clerk.

S8. That before the said commissioners shall enter upon the duties enjoined upon them by this act, each of them shall enter into a bond, in the penal sum of four thousand dollars, with such person or persons as his surety, as the county treasurer shall approve, to the supervisors of said county, conditioned for the faithful performance of the trust reposed in him, and for the faithful accounting for all moneys which may come to his hands as such commissioner, which said bonds shall be left with the county treasurer.

S9. Each of said commissioners shall receive for his services, one dollar and fifty cents per day for each day he may actually be employed in the duties of his office, and his account shall be audited by the board of supervisors, and paid as other contingent charges of said county.

$10. The present clerk of the board of supervisors shall have the power to call together the board of supervisors of said county, at such time and place as he shall think proper, for the purpose of carrying this act into effect.

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Time extend

ed.

Collector to

CHAP. 13.

AN ACT extending the time of collecting the taxes in the town of Johnstown, county of Montgomery.

Passed January 28, 1833.

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

$ 1. The time within which the collector of taxes of the town of Johnstown, county of Montgomery, is required by law to collect and pay over the taxes, and make returns, &c. is hereby extended until the first day of March.

S2. The collector shall execute a new bond, with suregive bond. ties to be approved of by the supervisor of said town, in the manner prescribed by law, for the due and faithful execution of the duties of his said office, on or before the first day of March next.

CHAP. 14.

AN ACT to compel defendants in the court of chancery to answer in certain cases.

Passed January 30, 1833.

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

which de

answer.

§ 1. A defendant shall be compelled to answer any bill Cases in in chancery, where by law a bill may now be filed, fendant must charging the defendant with being a party to any conveyance or assignment of any estate or interest in lands, goods or things in action, or of any rents or profits arising therefrom, or to any charge on any such estate, interest, rents or profits, made or created with intent to defraud prior or subsequent purchasers, or to hinder, delay or defraud creditors or other persons, or where the defendant shall be charged with any fraud whatever, affecting the right or property of others.

$ 2. No such answer shall be read in evidence against Answer not any party thereto on any complaint, or on the trial of to be read in any ovidence. indictment for the fraud charged in such bill.

S3. This law shall take effect from and after the day Act to take of its passage.

effect.

CHAP. 15.

AN ACT to incorporate the Ontario and St. Lawrence steam-boat company.

Passed February 1, 1833.

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

Cofporation

$ 1. Gerrit Smith, Henry Fitzhugh, and others, who now are holders of stock of an association which has built created. and put into operation, on Lake Ontario, a steam-boat called the United States, and those who may hereafter become holders of the stock hereby authorised to be created, are hereby constituted a body corporate, by the name of the Ontario and St. Lawrence steam-boat company, for the sole purpose of navigating the said lake, and the Niagara and St. Lawrence rivers by steam-boats.

$2. The capital stock of said corporation shall be forty- Stock, five thousand dollars, to be divided into shares of one hundred dollars each.

Directors.

Election.

Notice.

President.

Vacancies

Elections to be by ballot.

Transfers.

Votes.

Directors

where to be chosen.

By-laws.

$3. The affairs and business of the corporation shall be conducted and managed by nine directors, who shall be stockholders in said corporation: and the several persons who are directors of said association at the time of this enactment, shall be and remain directors of said corporation until the next annual election, or until others are elected in their stead.

$ 4. The election for directors shall be held on the first Monday of January in each and every year, and the directors then chosen shall hold their offices for one year, or until others are elected in their stead.

S 5. Twenty days' notice of the time and place of holding such elections shall be given, by publishing the same in a newspaper printed at Oswego and at Ogdensburgh.

$ 6. The directors chosen at such elections, shall, at their first meeting, appoint one of their number president. Five directors shall constitute a quorum for the transaction of business; but when, from absence or other cause, only four shall be present, they may call in the treasurer of the corporation to sit with them, as a director for the time being, and they shall constitute a quorum for the transaction of business which shall come before them.

$ 7. In case of a vacancy in said board of directors, by death or otherwise, the remaining directors shall supply such vacancy from among the stockholders of said com

pany.

$ 8. All elections shall be by ballot, and the persons having the greatest number of votes shall be directors: and in case two or more of the stockholders shall have an equal number of votes, then those who shall have been duly elected shall, by plurality of votes, determine which of said persons so having an equal number of votes, shall be director or directors.

$9. Transfers of stock shall, before the same can become valid and effectual, be entered upon the transfer book, which shall be closed one month previous to every election, until after such election.

$10. Each stockholder shall be entitled to one vote on each share of stock held by him one month previous to such election, and each stockholder may vote by proxy. S 11. Elections for directors shall be held at Ogdensburgh, in the county of St. Lawrence.

$12. The by-laws heretofore passed by said association and now in force, so far as the same are not inconsistent with this act, or any existing law, shall be and remain the by-laws of this corporation, until altered or repealed by them.

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