CHAP. 34. AN ACT to fix the time and place of holding the annual town meeting in the town of Salina. Passed February 12, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: meeting in 1848. § 1. The annual town meeting in and for the town of Sa- Town lina, in the county of Onondaga, for the year one thousand eight hundred and forty-eight, shall be held at the house of Ambrose Ingersoll, in the village of Liverpool, in said town, on the fourth Tuesday in March instead of the time now fixed by law. § 2. This act shall take effect immediately. CHAP. 35. AN ACT in relation to suits of law and equity arising in the county of Orleans. Passed February 12, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. All motions in the supreme court, and all suits and Motions proceedings in equity in said court, arising in the county of and suits, Orleans, may be brought to a hearing at any special or gene ral term of said court in the county of Erie, in the same manner as though the said county of Erie was adjoining the said county of Orleans. §2. This act shall take effect immediately. CHAP. 36. AN ACT to authorise the Syracuse and Tully Plank Road Company to construct their road on the highway running through the lands belonging to the Onondaga Indians. Passed February 16, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: through Invation may § 1. The Syracuse and Tully plank road company are Road hereby authorised to take, use and occupy, the road through dian reserthe Onondaga Indian reservation, and to lay their road upon be used. the same, and to erect and maintain gates thereon, and to take toll the same as upon the other portions of their road. may pass § 2. All Indians residing on said reservation, or belonging Indians to the Onondaga tribe of Indians, shall at all times be per-toll-gate mitted to pass over said road and through any of the gates free. General thereon with their teams and vehicles free of any charge of toll whatever. §3. All provisions of law applicable to plank road assoprovisions. ciations shall apply to this association, so far as the portion of their road through the said Indian reservation is concerned, the same as to other parts thereof, except as herein before provided. Repeal. § 4. So much of all laws and parts of laws, as are inconsis tent with this act are hereby repealed. § 5. This act shall take effect immediately. CHAP. 37. AN ACT to authorise the formation of Gas Light Compa ch. by Revised by 566 of 1890. Companies nies. Passed February 16, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Any three or more persons, who may desire to form formed a company, for the purpose of manufacturing and supplying gas for lighting the streets, and public and private buildings of any city, village or town in this state, may make, sign and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the county, in which the business of the company shall be carried on, and a duplicate thereof, in the office of the secretary of state, a certificate in writing, in which shall be stated the corporate name of the said company, and the objects for which the company shall be formed, the amount of the capital stock of the said company, the term of its existence, not to exceed fifty years, the number of shares of which the said stock shall consist, the number of directors and their names, who shall manage the concerns of said company for the first year, and the names of the town and county in which the operations of the said company are to be carried on. Their pow ers as a porate, § 2. When the certificate shall have been filed as aforebody cor- said, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate and by that name have succession, and shall be capable of suing and being sued in any court of law or equity in this state; and they and their successors may have a common seal, and may make and alter the same at pleasure; and they shall, by their corporate name, be capable in law of purchasing, holding and conveying any real and personal estate whatever, which may be necessary to enable the said Affairs ged. company to carry on the operations named in such certificate, gleet tors.1 and subor officers. be made on stockhold 5. There shall be a president of the company, who hall President be designated from the number of the directors, and also dinate such subordinate officers as the company by its by-laws may designate, who may be elected or appointed and required to give such security for the faithful performance of the duties of their office as the company by its by-laws may require. § 6. It shall be lawful for the directors to call in and de- Calls may mand from the stockholders respectively, all such sums of money by them subscribed, at such times and in such payments or instalments as the directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for, and all previous payments made thereon, if payment shall not be made by the stockholders within sixty days after a personal demand, or notice requiring such payment shall have been published for three successive weeks in any newspaper in the place where the business of the company shall be carried on as aforesaid. ers. § 7. The directors of such company shall have power to By laws make such prudential by-laws as they shall deem proper for made be Stock transfera ble. Copy of certificate evidence. ers. the management and disposition of the stock and business affairs of such company, not inconsistent with the laws of this state, and prescribing the duties of officers, artificers, and servants that may be employed; for the appointment of all officers, and for carrying on the business aforesaid. 8. The stock of such company shall be deemed personal estate, and shall be transferable in such manner as shall be prescribed by the by-laws of the company. 9. A copy of any certificate of incorporation, filed in pursuance of this act, certified by the county clerk or his deputy, to be a true copy, and of the whole of such certificate, shall be received in all courts and places, as presumptive legal evidence of the incorporation of such company, if the same shall comply with the provisions of this act. Liability of § 10. All the stockholders incorporated under this act, stockhold- shall be severally individually liable to the creditors of the company in which they are stockholders, to an amount equal to the amount of stock held by them respectively, for all debts and contracts made by such company, until the whole amount of capital stock fixed and limited by such company, shall have been paid in, and a certificate thereof shall have been made and recorded as prescribed in the following section, and the capital stock so fixed and limited shall all be paid in, one-half thereof within one year, and the other half within two years from the incorporation of said company, or such corporation shall be dissolved. Certificate be filed. § 11. The president and a majority of the directors, within of stock to thirty days after the payment of the last instalment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in; which certificate shall be signed and sworn to by the president and a majority of the directors; and they shall, within the said thirty days file the same in the office of the county clerk of the county wherein the business of the said company is carried on. Companies to make an port. §12. Every such company shall make a report annually, annual re- within twenty days from the first day of January, which shall be published in some newspaper published in the city, village or town where the business of said company is carried on, of the amount of capital, and of the proportion actually paid in, and the amount of its existing debts, which report shall be signed by the president and a majority of the directors, and verified by the oath of the president and secretary of the company; and if any of said companies shall fail so to do, all the directors of the company failing so to do shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such report shall be made. 13. If the directors of any such company shall declare Vidend and pay any dividend when the company is insolvent, or any Provision respecting dividend the payment of which would render it insolvent, or which would reduce the amount of their capital, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted, so long as they shall respectively continue in office; Provided, That if any of the directors shall at any time be- Proviso. fore the time fixed for the payment of such dividend object thereto, and shall, within thirty days thereafter file a certificate of their objection, in writing, with the clerk of the company and with the clerk of the county, they shall be exempt from the said liability. any respecting or §14. If any certificate, report made, or public notice given, Provision by the officers of any such company, in pursuance of the pro- false revisions of this act, shall be false in material representa-Certificates tion, all the officers who shall have signed the same knowing it to be false, shall be jointly and severally liable for all the debts of the company, contracted while they are stockholders or officers thereof. for debts. § 15. The stockholders of any company organized under Liability the provisions of this act, shall be jointly and severally individually liable for all debts that may be due and owing to all their laborers, servants and apprentices, for services performed for such corporation. or repeal. § 16. The legislature may at any time alter, amend or re- Right to alpeal this act, or may annul or repeal any incorporation formed er d or created under this act; but such amendment or repeal shall not, nor shall the dissolution of any such company take away or impair any remedy given against such corporation, its stockholders or officers, for any liability which shall have been previously incurred. pay respecting within one § 17. No stockholder shall be personally liable for the Provision ment of any debt contracted by any company formed under debts not this act, which is not to be paid within one year from the payable time the debt is contracted, nor unless a suit for the collection year. of such debt shall be brought against such company within one year after the debt shall become due; and no suit shall be brought against any stockholder who shall cease to be a stockholder in any such 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 until an execution against the company shall have been returned unsatisfied in whole or in part. Inanufac §18. Any corporation formed under this act shall have Power to full power to manufacture and sell, and to furnish such quan- ture and tities of gas as may be required in the city, town or village sell gas where the same shall be located, for lighting the streets, and public and private buildings, or for other purposes; and such corporation shall have power to lay conductors for conducting gas through the streets, lanes, alleys and squares, in such |