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Swing bridge.

Chap. 517.

AN ACT authorizing the executor of the last will and testament of Peter Ten Broeck, deceased, to pay to the trustees of the "Ten Broeck Free Academy" the legacy bequeathed by said will for the use of said Academy.

Passed May 1, 1868.

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

SECTION 1. The executor of the last will and testament of Peter Ten Broeck, deceased, is hereby authorized to pay to the trustees of the "Ten Broeck Free Academy" the legacy bequeathed for the use of said academy by said will, or such portion thereof as the estate of the said testator may be able to pay, and the trustees of said academy are hereby authorized to receive said legacy for the use aforesaid, according to the provisions contained in said will, notwithstanding the provisions of the act entitled "An act relating to wills," passed April thirteenth, eighteen hundred and sixty.

§ 2. This act shall take effect immediately.

Chap. 518.

AN ACT to authorize the Canal Commissioners to construct a bridge over the Erie canal in the city of Rochester, in the county of Monroe.

Passed May 1, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal commissioners are hereby authorized and required to construct, or cause to be constructed and maintained, at the expense of the State, a suitable swing or turn-table bridge over the Erie canal on Exchange street, in the city of Rochester, Monroe county, at a point where the said canal is intersected by said Exchange street in said city, in place of

the bridge now over said canal at the point aforesaid, in such manner as they may deem the interests of the State to require; and for the purpose of insuring the unobstructed navigation of the canal the said bridge and its maintenance shall be under the exclusive control of the canal commissioners. The whole expense of constructing said bridge not to exceed seven thousand dollars, exclusive of the stone and materials of the present bridge, and to be paid from any moneys appropriated to ordi- Approprianary or extraordinary repairs of the Erie canal. §2. This act shall take effect immediately.

Chap. 519.

AN ACT to authorize the construction of an iron bridge over the Black river canal, in the village of Port Leyden, in the county of Lewis. Passed May 1, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Iron bridge structed on

to be con

SECTION 1. The canal commissioners are hereby authorized and directed to construct an iron bridge over the Black river canal, on Main street, in the village of street. Port Leyden, in the county of Lewis.

Main

commis

sioners to have refepair con

rence to re

tract.

§ 2. The canal commissioners in constructing said Canal bridge, shall have due reference to the terms of the contract now in existence, for the repairs of the section in which the said bridge is located, and shall furnish to the Auditor of the Canal Department a statement of the difference in cost between the construction of said iron bridge and the construction of said bridge on the origi nal plan; and the cost of rebuilding said bridge on the original plan shall be charged to the contractor for repairs on said section.

bridge.

3. The Treasurer of the State shall pay, on the war- Expense of rant of the Auditor of the Canal Department, a sum not exceeding thirty-five hundred dollars, over and above the amount charged to the repair contractor, from any money appropriated or to be appropriated for such purposes, or for extraordinary repairs.

§ 4. This act shall take effect immediately.

1066

Duty of canal appraisers.

Appeals.

Payment

Chap. 520.

AN ACT for the payment of Peter Voorhees and
James L. Voorhees for damages sustained by
them in the draining of the Cayuga marshes.

Passed May 1, 1868; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The Canal Appraisers are hereby authorized to hear and determine the claims of Peter Voorhees and James L. Voorhees, for damages sustained in the draining of Cayuga marshes, in the years eighteen hundred and fifty-four, eighteen hundred and fifty-five, eighteen hundred and fifty-six and eighteen hundred and fifty-seven, by the appropriation of their land to deposit the rock and shale taken from Seneca river. Either party may appeal to the Canal Board as in other cases.

§ 2. The Treasurer shall, on the warrant of the Audiof awards. tor of the Canal Department, pay to the persons named in the first section of this act, such sum or sums, if any, as may be severally awarded to them, out of any moneys in the treasury appropriated or to be appropriated for the payment of canal damages.

Stockhold-
ers deemed

bers of

corpora-
tion.

§ 3. This act shall take effect immediately.

Chap. 521.

AN ACT for the relief of the co-operative Iron
Founders' Association of West Troy.

Passed May 1, 1868; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. Any person who is a stockholder of the
to be mem- co-operative Iron Founders' Association of West Troy,
a corporation formed under chapter forty, of the laws of
eighteen hundred and forty-eight, and the several acts
amendatory thereof, and additional thereto, shall be
deemed a member of such corporation. But no person
shall be a member of said company unless he shall own

Terms of
member-

ship.

at least two shares of the capital stock thereof, and no member shall be allowed to hold more than fifty shares of said stock.

members

elections

§ 2. No member of said company shall be entitled to Rights of more than one vote in the election of the officers thereof, to vote at nor upon any question which shall arise in the general s meetings of said company, without regard to the shares of capital stock held by said member.

eral meet

ings.

Capital

stock may

and limit

§3. A majority of all the members of said company, may at any time within two years from the incorporation be fixed thereof, fix and limit the amount of the capital stock of ed. said company to any amount not less than the whole amount already fixed and limited by said company, and May be inmay at any time thereafter, increase such capital stock to any amount not exceeding the amount thereof now fixed and limited by said company.

creased.

and regu

of trustees

§4. A majority of all the members of said company, By-laws shall have power to make and adopt by-laws and regu- lations. lations, and from time to time, to amend and repeal the same, for the elections of its officers, and to define their duties, and for removal in case of misconduct in office, and two-thirds in number of the members of said com- Removal pany shall have the right at any time to remove any for cause. trustee or other officer of said company for any willful violation of duty or misconduct in office, specified in any by-law or regulation of said company, as a sufficient cause for removal, provided however, that written charges shall first be preferred against such trustee or other officer by a member of said company, and a copy thereof served upon the party against whom the charges are preferred, and an opportunity given him to be heard. in defence thereof.

Number of be in

shares may

creased.

§ 5. A majority of all the members of said company may at any time increase the number of shares of which the capital stock shall consist, provided the capital stock of such company shall not thereby be increased or diminished; the same to be done in the manner now prescribed by law, except that such increase shall be Increase; made by a vote of such majority of all the members of said company, instead of by a vote of the stockholders. in favor thereof, representing two-thirds of the capital stock.

how made.

Corpora. tors.

name

changed.

§ 6. The laws of this State relating to corporations, so far as they are inconsistent with this act, shall not be applied to said company.

§ 7. This act shall take effect immediately.

Chap. 522.

AN ACT to amend an act entitled "An act to
incorporate the Odd Fellows' Hall Association
of the city of Buffalo," passed March 28th,
1867.

Passed May 1, 1868.

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

SECTION 1. Section one of the act entitled "An act to
incorporate the Odd Fellows' Hall Association of the
city of Buffalo," passed March twenty-eight, eighteen
hundred and sixty-seven, is hereby amended so as to read
as follows:

§ 1. Bernhard Schickel, John Gottlieb Weidner, Frederick Trankle, Edward Timmerman, Joseph Timmerman, William Gehring, Sabastian C. Kiene, Mathias Mist, and Charles Person, and all persons who now are, or hereCorporate after may become associated with them, are hereby constituted a body corporate and politic, by the name of "The German Odd Fellows' Hall Association of the city of Buffalo," and by that name shall have perpetual succession, and be capable of taking and holding, by gift, or grant, or of purchasing, holding and conveying, by sale, lease, or otherwise, any estate, real and personal, necessary for the purposes of said corporation.

Corpora

tion may take and

hold real and personal estate.

§ 2. This act shall take effect immediately.

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