Repeal

This act to

be printed in pamphlet form.

Brooklyn and

section shall be construed as vesting any title in the trustees of the town of Southampton, to either of the tracts of land mentioned in this section so allowed to be fenced in.

S107. All acts and parts of acts heretofore passed, and now in force, in relation to highways in the said counties, or any or either of them, and acts amending the same, shall be, and the same are hereby repealed, except the act reserving the timber on the highway leading from Sagg-Harbor to Easthampton.

$108. It shall be the duty of the state printer to publish this act in a pamphlet form, without delay, and to furnish the secretary of state with the requisite number of copies for the said counties. The secretary of state shall forward the same to the clerks of the said counties, whose duty it shall be to deliver them to the clerks of the several towns in their respective counties; the clerk of each town shall retain one copy in his office, and deliver one also to each of the commissioners of highways of his town. It shall be the duty of the town clerk and commissioners respectively, to deliver said copies to their respective successors in office.

$ 109. The provisions of this act shall not extend to the Williams villages of Brooklyn and Williamsburgh, in the said county of

burgh vil

lages.

Kings.

Part annexed to Spafford.

Marcellus.

CHAP. 57.

AN ACT to divide the Town of Marcellus, in the County

of Onondaga.

Passed February 26, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. All that part of the town of Marcellus, lying south and east of a line beginning on the north line of lot number seventy-one, at the northwest corner of the town of Otisco, and running down the centre of the outlet of Otisco lake, to the north line of lot number sixty-two; thence west on the north line of lots number sixty-two, sixty-one, and sixty; thence in a straight line west, across number fifty-nine, to the centre of the Skaneateles lake; thence southerly, along the centre of said lake, to the south line of the town of Marcellus, shall be annexed to and form a part of the town of Spafford.

$2. All that part of Marcellus lying east of the line beginning in the north line of said town, at the northeast corner of lot number five, and running south, on the line of lots, to the southeast corner of lot number fifty-two; thence east, on

the line of lots, to the centre of the outlet of Otisco lake; thence up said outlet, along the centre thereof, to the northwest corner of the town of Otisco; thence east, to the east line of Marcellus, shall be a separate town, by the name of Marcellus; and the first town-meeting in the said town of Marcellus, shall be held at the house of Bildad Beach, on the last Tuesday in April next.

erected.

$3. All the remaining part of said town of Marcellus, Skaneateles shall be a separate town, by the name of Skaneateles; and the first town-meeting in said town, shall be held at the house of Caldwell and Wallace, on the last Tuesday in April next. S4. The said towns of Marcellus and Skaneateles shall, Trustees. at their first town-meeting after the passing of this act, elect two trustees each, whose duty it shall be to take the charge of the fund arising from the sale of the gospel and school lot in the said town of Marcellus.

divided.

$5. The supervisors of the several towns of Marcellus, Funds to be Skaneateles, and Spafford, shall meet at the house of I. W. Perry, in the village of Skaneateles, on the first Wednesday of May next, whose duty it shall be to divide all bonds and mortgages, and other proceeds arising from the sale of the gospel and school lot of the original township of Marcellus, between the several towns, according to the territory included in each by this act; and it shall be the duty of the said supervisors, as soon as may be after making said division, to deliver the said bonds and mortgages, and the proceeds as aforesaid, to the trustees of their respective towns; and it shall be the duty of the said trustees, on or before the first day of July in each year, to collect and pay over to the commissioners of common schools of their towns, the interest due on the bonds and mortgages, and other proceeds, as aforesaid, arising from the sale of the said gospel and school lot; and it shall be the duty of the commissioners of common schools, in each town, from year to year, to divide all such moneys coming into their hands, in the same manner that other school moneys are directed by law to be divided among the several school districts and parts of districts in the said towns, for the benefit of common schools.

ers under act

account.

$ 6. The commissioners authorised by an act of the legis- Commissionlature, passed in the year one thousand eight hundred and of 1811 to eleyen, to sell the said gospel and school lot, are hereby required to pay over to the said supervisors all moneys, and deliver all bonds and mortgages, and other proceeds arising from the sale of the said lot, when demanded by the said supervisors; and in case of refusal to pay and deliver over, as aforesaid, the said supervisors or their successors are hereby authorised to sue for and collect the amount of the same, from the

Deputy register.

Power of governor to

said commissioners, in an action of debt or otherwise, before any court having cognizance thereof.

CHAP. 58.

AN ACT requiring the Register of the City and County of New-York to appoint a Deputy, and concerning Vacancies in said Office, and in the Offices of Sheriffs and Clerks of Counties.

Passed February 26, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S1. It shall be the duty of the register in and for the city and county of New-York, to appoint some proper person deputy register of the said city and county, during the pleasure of the said register; and as often as such deputy register shall die, or be removed from office, or remove out of the said city and county, or become incapable of executing the office, another shall be appointed in his place, by writing, under the hand and seal of the register; and every such deputation or appointment shall be recorded in the office of the clerk of the said city and county of New-York; which said deputy register shall, in case of the death of the said register, perform all the duties, and receive the emoluments, appertaining to the said office of register, and be subject to the same penalties that the register of said city and county would be liable to if living, until a new register be appointed and duly sworn.

$2. The power vested in the governor of this state, by the All vacancies. forty-ninth section of title sixth of the fifth chapter of the first part of the Revised Statutes, in relation to vacancies in office, is hereby extended to all-cases of vacancies in the offices therein specified, where the vacancy shall arise from the death of the incumbent; and the person so to be appointed, shall possess all the rights and powers, and be subject to all the duties and responsibilities, provided for and declared in said section.

Sheriffs and clerks.

S3. The preceding section shall not affect the power now vested by law in any sheriff or clerk of any county, to appoint under sheriffs or deputies, nor the powers of said under sheriffs or deputies, as now declared by law.

CHAP. 59.

AN ACT to Incorporate the Manhattan Gas Light Com

pany.

Passed February 26, 1830.

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

created.

$1. That Robert McDermut, Mordecai Myers, Moses Ju- Corporation dah, and their present and future associates, shall be and are hereby created, constituted, and declared, to be a body politic and corporate, by the name of "The Manhattan Gas Light Company," ," with full power and authority to manufacture, make and sell gas, to be made of coal, oil, tar, peat, pitch, and turpentine, or other materials, and to be used for the purpose of lighting the city of New-York, or the streets thereof, and any buildings, manufactories, or houses, therein contained and situate, and to lay pipes for the purpose of conducting the gas in any of the streets or avenues of the said city: And also, that the said company will so conduct their manufactory or manufactories of gas, as not to create a nuisance; and that no public street, lane, or highway, in the city of New-York, shall be dug into, or in any way injured or defaced, without the permission of the corporation of said city first had and obtained. But the rights and privileges hereby granted, shall not be construed to impair or affect any exclusive rights or privileges heretofore granted to any incorporated company in said city; and the real estate which this corporation is authorised to hold, shall not exceed in value one hundred thousand dollars.

$2. That the capital stock of this corporation shall not ex-Capital stock. ceed five hundred thousand dollars; and that a share in the same shall be fifty dollars; and books of subscriptions to the said capital stock, or to such portion, thereof as from time to time may, by the directors for the time being, be deemed proper and necessary, shall be opened by the appointment or under the direction of the directors herein after named, subject to such rules, limitations, and conditions, as by them shall be prescribed; and the stock of the said corporation shall be deemed and considered personal property.

$ 3. The stock, property and affairs of the said corporation, Directors. shall be managed and conducted by or under the direction of fifteen directors, being stockholders and citizens of this state; that the said directors shall hold their offices for one year from the third Monday of January in each year, and shall be elected on the second Monday of January in each year, at such time and place within the city of New-York, as a majority of the directors for the time being shall appoint; and that notice

First directors.

Election.

Calls on

of such election shall be published in at least two of the public newspapers printed in the city of New-York, at least fourteen days previous to the time of holding such election; and every such election shall be by ballot, and by such of the stockholders who shall attend for that purpose, either in person or by proxy; and each stockholder shall be entitled to one vote for each share of the stock which he or she may have held in his or her own name, for at least fourteen days before the time of voting; and the persons having the greatest number of votes, shall be the directors: and if it shall happen that two or more persons have an equal number of votes, the directors in office at the time of such election, shall, by a plurality of votes given by ballot, determine which of the persons so having an equal number of votes, shall be director or directors, so as to complete the whole number to be chosen ; and the directors so chosen, shall, as soon as may be thereafter, proceed by ballot to elect one of their number for their president: and if any director shall remove out of this state, or cease to be a stockholder, or shall resign, his office shall be vacant; and whenever any vacancy shall happen, the same shall be filled up by the remaining directors, by plurality of votes, until the next annual election.

$4. That Robert McDermut, Moses Judah, Noah Jarvis, Thomas Bloodgood, Charles A. Davis, William T. McCoun, Mordecai Myers, William L. Morris, Samuel L. Gouverneur, David C. Colden, Charles Henry Hall, Seth Geer, James Wallace, and Charles Graham, shall be the first directors of the said company, who shall hold their offices until the third Monday of January in the year one thousand eight hundred and thirty-two, and until others are chosen in their places; and they shall proceed to choose their president at such time and place as they or a majority of them shall determine.

$5. In case it shall at any time happen that an election for directors shall not take place on the day appointed by this act for that purpose, the said corporation shall not, for that cause, or for any non-user, be deemed to be dissolved, but it shall and may be lawful to hold an election for directors, on any other day, in such manner as shall be provided for by the by-laws of the said corporation.

$ 6. It shall and may be lawful for the directors, or a mastockholders. jority of them, to require payment of the subscription to the capital stock of the said corporation, at such-times and in such proportions as they or a majority of them shall deem fit, under the penalty of forfeiting all previous payment or payments thereon; and that previous notice of the instalments required to be paid, after the first, and of the time when the same are