given to them by publishing the same for six weeks successively in two newspapers published in said city; and if any of said owners shall be married women, insane, infants, or idiots, the said court shall appoint some suitable person to attend in their behalf, before said commissioners, and take care of their interests in the premises. The commissioners may issue subpoenas to compel the attendance of witnesses to testify before them, and they, or any one of them, may administer the usual oath to such witnesses. They shall make a written report of all their proceedings, containing the testimony taken by them, and showing the sum awarded to each owner or other person, and return the same to the said court to be filed of record. The company shall pay to each commissioner the sum of three dollars per day for every day necessarily spent by him in the performance of his duties under this act; and to each witness sworn and testifying, or if not sworn and testifying, who the commissioner shall certify were properly and necessarily subpoenaed, the sum of fifty cents per day, and four cents per mile travel in going and returning if living more than three miles from the place of meeting. made. 11. The said company, or any party to the proceedings Appeal of the commissioners, may appeal from any award or deter- may be mination of the commissioners, provided the party appealing shall, within ten days after any such award or determination shall be made, give notice of the appeal to the other party or parties interested in the same; and the said court shall, upon the report of the commissioners and upon additional testimony to be taken by them, if they deem the same to be necessary, proceed to hear the said appeal, and may confirm the proceedings of the commissioners, or may increase or diminish the amount of compensation awarded by the said commissioners, and if their proceedings in any case have been irregular, the court may set the same aside and order a new proceedings and appraisement; and the said court may make such orders in reference to the proceedings of the commissioners and of notices to be given to parties as may not be inconsistent with this act, and as the nature of the case and the interest of the parties may require. to be enter § 12. Upon the payment or legal tender of the compensa- Land when tion awarded by the said commissioners, or (in case of ap-ed upon by peal) by the said court, the said company shall be entitled company. to enter upon, for the purpose contemplated by this act, all the lands, waters and real estate for which said compensation shall be paid or tendered as aforesaid, and to hold and use the same for the said purposes, to them and their successors forever. If any person to whom any compensation shall be awarded, or who shall be entitled to the same by virtue of said award, cannot be found, or shall refuse to receive the sum awarded to him, then the said payment may be made to be held. by depositing the amount of said award to the credit of said. person in such bank as may be appointed by said court. A certificate of such deposit, signed by the cashier of the bank, shall be published by said company in two newspapers published in said city, for four weeks successively immediately after said deposit. If the person to whom compensation is awarded, 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. Lands, &c. § 13. The said company shall also take and hold, for 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 for Laying, pipes, &c. Rules to be establish'd. ever. § 14. In laying pipes, conduits or aqueducts, or constructing or erecting works in the streets, lanes or public squares of the city of Utica, the company shall conform to such regulations as the common council thereof shall prescribe. 15. 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 the recorder or any justice of the peace of said city. Said rules and regulations shall be published for three weeks successively in two newspapers published in said city; 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 any one of the publishers of said papers, or by a foreman in their offices, shall be received as evidence in all courts and places. Water to § 16. The said company shall furnish water to the city of extinguish Utica for the purpose of extinguishing fires, upon such terms how fur- as may be agreed upon between them and the common coun fires, &c nished. cil of said city; and if they cannot agree, application may be made by said company or the common council of said city, for the appointment of commissioners, as provided in section ten of this act, who shall prescribe the terms upon which said water shall be furnished, subject to an appeal by either party, as provided in section eleven of this act. Any agreement made by the common council in reference to a supply of water for said purpose, shall be obligatory upon the city; but if the said agreement shall require the payment of any sum money of money to the said company, or for said supply of water, the 17. Any person who shall maliciously or wilfully destroy Penalty. or injure any of the works or property of said company, 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. powers. 18. The corporation hereby created shall possess the General powers, and be subject to the provisions of title three, chapter eighteen of the first part of the Revised Statutes. clause. 19. Nothing in this act shall be deemed or taken to au- Saving thorise the corporation hereby created, to interfere in any way or manner with the rights and privileges of the "Utica water works association." stockhold ers. § 20. All the stockholders of the company hereby created, Liability of 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, one half thereof in one year, and the other half within two years from the time of the commencement of the works of said company under this act, or the corporation hereby created shall be dissolved. about § 21. The president and a majority of the directors, with- Certificate in thirty days after the payment of the last instalment of the stock. 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 Oneida county. 22. The stockholders of said company shall be jointly Liability and severally liable for all debts that may be due and owing for debts. Restriction Executors, &c. Provision respecting debt. to all their laborers and servants, for services performed for said company. 23. 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. 24. 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. § 25. No stockholder shall be personally liable for the payliability for ment 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. § 26. This act shall take effect immediately. CHAP. 155. AN ACT for the election of certain officers in the cty of Schenectady by the electors thereof, and to regulate the police of said city. Passed March 31, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: be elected. § 1. There shall be elected for the city of Schenectady, at Officers to the next charter election therein, one police justice, cne high constable, four justices of the peace, one treasurer, and one superintendent of streets; and thereafter such officers shall continue to be elected by the people at the charter election. how made § 2. The officers enumerated in the preceding section shall Canvass be elected, the votes canvassed, and the result certified in and certi the same manner as is now provided by law, for the election fied. of mayors by the people. in case of 3. If there shall be a tie in the election of any of the Provision officers herein provided to be elected, the common council a tie. shall forthwith order a special election for such officer or officers, to be held within fifteen days after the preceding election, and to be conducted in the mode herein before prescribed for the election of such officer or officers. when to commence 84. The term of office, of all the officers herein provided Term to be elected, shall commence with the first Tuesday of May; and all such officers shall severally, on or before said day, take the constitutional oath of office; and a neglect or refusal so to do, shall make a vacancy in the office of the person so neglecting or refusing. certain off § 5. The said high constable shall hold his office for two Tenure of years, and the treasurer and superintendent of streets shall ces. severally hold their offices for one year, and until their respective successors shall be duly elected and qualified to serve; and they shall have and exercise all the powers and discharge all the duties, and be subject to all the provisions of law, which are now or may hereafter be granted to, or imposed upon them respectively by legislative acts, relative to the city of Schenectady, or the by-laws and ordinances of said city. justices of the peace. § 6. The justices of the peace herein provided to be elect- Powers of ed, shall have all the powers now conferred upon, and be subject to all the provisions of law now applicable to justices of the peace of said city; and the said common council shall at their first regular meeting after the election of such justices shall be determined by them, proceed to determine by lot, which of such justices shall hold his office for one year, which for two years, which for three years, and which for four years; and shall enter such determination in their |