Claim to be

and with the like power that he now has over receivers appointed by himself, and not otherwise.

2. This act shall take effect immediately,

CHAP. 223.

AN ACT for the relief of Jabez Robinson.

Passed April 11, 1842. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

§ 1. The canal appraisers are hereby required to examine examined. the claims of Jabez Robinson, for damages sustained by him on account of the waters of the Chenango river being diverted from their natural channel, and thrown into a feeder constructed by the state to feed the Chenango canal above the mills of the said Jabez Robinson; and if upon such examination, the said appraisers shall be satisfied that the said Jabez Robinson has sustained any damages from the causes aforesaid, for which he ought to be remunerated by the state, then the said appraisers are hereby required to appraise and allow the same to the said Robinson.

Money how paid.

Duties relative to sales for taxes.

§ 2. All sums of money allowed under this act shall be paid by the canal commissioners, out of any moneys in their hands unappropriated.

3. This act shall take effect immediately.

CHAP. 224.

AN ACT to amend the charter of the city of Buffalo, and for other purposes.

Passed April 11, 1842, by a two third vote.

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

§ 1. The common council of the city of Buffalo shall have power in their discretion, to direct the clerk, or other officer of said city, to perform the duties required of the city attorney, by the forty-third section of the act incorporating said city, relative to selling land for the non-payment of taxes and assessments, in the same manner, and with the powers, obligations and liabilities as the city attorney, except that the said common council shall have power to fix the fees to be paid for performing such services, not exceeding the present fees.

§ 2. The common council shall pay the inspectors and poll Pay of cerclerks of the general elections in the several wards of said city, tain officers. the same amount as is allowed by law in the towns of this state for like services, and also pay the aldermen of said city, while sitting as judges of the recorder's court, the same amount per day, as is allowed by law to judes of the county courts.

ward assess

made.

3. The common council shall have power to direct the city County clerk, or surveyor of said city, to make out the county ward ment rolls, assessment rolls for the several wards of said city, in the same how to be manner and at the same time, and with the same powers and liabilities as are now required by law of the assessors; and all the said county ward assessment rolls, shall be left with said. clerk or surveyor at his office, during the time for examination; and the said clerk or surveyor shall have power to correct clerical errors in the valuation or description of property in the city ward assessment rolls, under the direction of the common council, and on the county ward assessment rolls under the direction of the supervisors of the several wards.

office.

§ 4. The city clerk's office in said city shall be considered a city clerk's town clerk's office, for the purpose of depositing books and filing all papers required by law to be deposited or filed in a town clerk's office within said city; and the city clerk shall take charge of the same, and perform all the duties required by law, in the same manner and with the same powers as the town clerk in any town.

considered

§ 5. The several wards of the city of Buffalo shall be consi- Wards to be dered towns for the purposes of the provisions of Title four, towns. Chapter seven, Part third of the Revised Statutes, in respect to the return of jurors: and the supervisor and assessor of each ward respectively, shall execute the duties therein enjoined upon the supervisors, assessors and town clerks of the several towns of this state, except that a duplicate return of jurors made by them shall be filed in the office of the city clerk.

§ 6. The common council shall have power to renew any loans now made by said city, or create a new loan for the purpose of paying a former loan, by executing the necessary bonds, and providing for payment when they shall become due, as is now provided by law.

Loans may

be renewed.

7. The twenty-third subdivision of section thirty-one of the Runners, act incorporating said city, is hereby amended so as to read as follows:

rolls.

"23. To regulate and restrain all runners.' § 8. The common council shall have the same power to Assessment equalize and correct the assessment rolls, for the general tax in the several wards of said city, as the board of supervisors of the county of Erie have to equalize, and correct the assessment rolls of the several towns of said county.

9. The mayor or other officer authorized to grant licences Licenses.

Violations of

how prosecuted.

by the common cuncil, shall be subject to all the duties, liabilities and restrictions that commissioners of excise are, by the twenty-third section of Title one, Chapter twenty of the first Part of the second edition of the Revised Statutes.

§ 10. It shall hereafter be the duty of the overseers of the excise law, poor for said city, or either of the superintendents of the poor in the county of Erie, to prosecute for all violations of the excise law within said city, in the manner prescribed in Title, nine, Chapter twenty of the first Part of the Revised Statutes, and all fines or penalties collected shall be applied as therein directed.

Repeal.

By-laws and ordinances may be made.

§ 11. All laws or acts inconsistent with this act are hereby repealed.

12. This act shall take effect immediately.

CHAP. 225.

AN ACT for the preservation of the Croton Water Works in the city of New-York.

Passed April 11, 1842, by a two-third vote.

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

§ 1. The mayor, aldermen and commonalty of the city of New-York, are hereby authorized to pass such by-laws and ordinances, as to them shall seem meet, for the preservation and protection of all or any of the works connected with the supplying of the city of New-York with pure and wholesome water, under and by virtue of the act to provide for supplying the city of New-York with pure and wholesome water, passed May 2d, 1834, and the acts amending the same, provided that such by laws and ordinances are not inconsistent with any laws of this state, or with the constitution thereof, subject at any time to be repealed or modified by the legislature; and also to organize a department with full powers for the management of such works and the distribution of the said water.

§ 2. This act shall take effect immediately.

CHAP. 226.

AN ACT further to amend the act entitled, "An act to incorporate the Washington Marine Insurance Company of the city of New-York," passed April 27th, 1833.

Passed April 11, 1842, by a two-third vote.

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

stock re

§ 1. The capital stock of the Washington Marine Insurance Capital Company, of the city of New-York, shall be, and the same is duced. hereby reduced to one hundred thousand dollars, to be divided into two thousand shares of fifty dollars each; and the title of the said corporation shall be altered to "The Washington Mutual Insurance Company."

§ 2. The surplus of the present capital stock of the said com- Surplus to pany, over and above the sum of one hundred thousand dollars, be paid back. shall be paid back to the present stockholders of the said company, their legal representatives or assigns, pro rata, and in proportion to the respective amounts of stock held by them..

be made.

3. It shall be lawful for the said company to loan their said Loans may capital stock and such profits as may hereafter be made, on bonds and mortgages on unincumbered real estate in the state of New-York, worth fifty per cent more than the sum loaned thereon; also, on any stock or evidence of debt created or issued by the United States, by the state of New-York or by the city of New-York; and on the stock of any bank chartered by the state of New-York, or on the stocks of any city in the state, or on respondentia; and also to invest or reinvest in any one or more of such securities.

pursuant to

§ 4. All investments of the capital stock of the said company, Investments made pursuant to the act incorporating the same, of the 27th of act of 1833. April, 1833, and to the various acts amendatory thereof, which shall not conform to the third section of this act are hereby declared valid; but, whenever such investments shall be called in, the provisions of the said third section shall apply to and govern all re-investments thereof if made.

are members

ration.

§ 5. All persons who shall hereafter insure with the said cor- Persons who poration, and pay, or secure to be paid, the premium on the of the corpo risk insured against, in the manner required by the said company, and also their executors, administrators and assigns, continuing so to be insured in said corporation, shall thereby become members thereof, during the period they shall remain insured, and no longer. Such insured members shall have all the rights and privileges conferred on the stockholders of the said company, by the said act of the 27th of April, 1833, or any of the acts amendatory thereof, subject, however, to the restrictions in this act contained; and no premium so paid shall ever be withdrawn from said company, but shall be liable to all

Rate of

interest.

Balance to be struck yearly.

Certificates

to members.

the losses and expenses incurred by this company during the continuance of its charter, except as is hereinafter provided.

6. The stockholders shall receive, annually, seven per cent on the said reduced capital stock of one hundred thousand dollars before any other distribution or disposition shall be made of the income of the said company, in case any profits whatever, over and above its losses shall have been made.

§ 7. At the expiration of each year, which for the purpose of this section shall end on the thirty-first day of December, and within thirty days thereafter, the officers of the said company shall cause a balance to be struck of the affairs of the said company, in which they shall first set aside the interest on the capital stock as aforesaid, provided the said interest or capital shall not have been absorbed in whole or part by losses or expenses; and they shall then divide the ascertained profits pro rata among the stockholders and insured members. Each stockholder shall receive such a proportion of the said ascertained profits as the stock held by him bears to the entire collective amount of stock and premiums earned; and each insured member shall receive such a proportion of the said ascertained profits as the premium paid by him on risks terminated, bears to the entire collective amount of stock and premium earned. By the term ascertained profits, is meant the premiums known to be earned over and above the losses incurred and expenses paid.

§ 8. At the expiration of each year, which for the purposes to be issued of this section shall be on the second Tuesday of January, the said company, immediately and within thirty days after the balance prescribed by the last section shall be struck, shall issue a certificate to each insured member, stating the amount of surplus profits which shall be ascertained to be due him on striking the balance aforesaid; but the share of such profits accruing to the stockholders shall be paid out to, and received by them respectively, with their annual dividend.

For not less than $50.

Profits how

9. No certificate shall issue for any sum less than fifty dollars, nor for any fractional part of ten dollars; every certificate therefor shall be for the sum of fifty dollars, or if for a greater sum, then for some multiple of ten. The said certificates shall not be transferable, except on the books of the said company, and a transfer book shall be kept for that purpose.

10. The profits of the said company shall in no case be disposed of withdrawn from the said company, (except as herein provided for,) but shall remain equally with the capital stock, liable to all the losses and expenses thereof; and such liabilities shall be expressed on the face of said certificate: but no certificate shall be charged with a second or other subsequent loss, until all other certificates shall have been equally charged; and the interest accruing on the investment thereof shall be paid over to the holders of the certificates which represents such invest

ments.