Chap. 589. AN ACT to incorporate the Chateaugay Water Passed May 5, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tors. SECTION 1. Nathan Beman, Hial S. Farnsworth, Daniel Corpora S. Coonley, Abel H. Miller, John Hughes, Thomas W. Cantwell, Samuel S. Clark, Calvin S. Douglass, James Jordan, George W. Roberts, George T. Hall, Truman C. Hall, Justus Sargeant, Silas W. Hatch, John W. Beman, Hollis S. Martin, Duke H. Brooks, Alexander McGuire, Henry W. Hall, John Van Vechten, John B. Bort, David W. Davies, William Mott, Thomas Peak, Putnam B. Fisk, Ralph Swinburne, John McCoy, James Mitchell, William S. Alvord, William W. Scriver, Henry W. Derby, S. A. Douglas, William V. Derby, George C. Stewart, Franklin Atwater, George Howe, Timothy B. Ladd, John Addoms, Jonathan Hoyt, Clark S. Patterson and Ossian Stiles, and all such persons as are or may be hereafter associated with them, shall be and are hereby constituted a body corporate, by the name of Corporate "The Chateaugay Water Works Company." name. § 2. The capital stock of said company shall be ten Capital thousand dollars, and shall be divided into shares of stock. fifty dollars each, but may at any time be increased by Increase the stockholders of the company, provided that such thereof. capital stock shall not be increased so as to exceed the sum of thirty thousand dollars.. tion to stock. Stock to be deemed personal §3. Books of subscription to the capital stock of said Subscripcompany shall be opened under the direction of the commissioners hereinafter named, and subject to such rules as they may prescribe; and the stock of such company shall be considered personal property, and shall be assignable and transferable on the books of the company. property. 4. The concerns of said company shall be managed Board of by seven directors, who shall be stockholders, and residents of the town of Chateaugay; and shall hold their Terms of office for one year and until others are chosen in their directors. office. how filled. Vacancies; places. In case of a vacancy in the direction, by reason of the death or resignation of any director, or of his ceasing to be stockholder, or his removal from the town of Chateaugay, it may be filled by the remaining directors until the next annual election, or until some other Inspectors person shall be elected to fill the same. The commisof election. sioners hereinafter named may appoint three persons, who shall be stockholders, to be inspectors at the first election, after which the stockholders shall choose three such inspectors at the annual elections. If no inspectors are so chosen, the directors may appoint them from time to time. If at any time an election of directors shall not take place on the day appointed by this act, the corporation shall not for that reason be dissolved, but an election may be held on any other day in such manner as shall be provided for by the by-laws, or shall be prescribed by the directors. Corpora tion not to be disolved for failure to elect directors. Commissioners to receive subscriptions, etc. First election Annual elections. Notice thereof. § 5. Clark S. Patterson, Daniel S. Coonley, Hial S. Farnsworth, Thomas W. Cantwell and John Hughes, are hereby appointed the commissioners to perform the acts and duties hereinbefore designated to be performed by commissioners. § 6. The first election of directors shall be held on the first Wednesday of June next, at Douglass' Hall, in Chateaugay village, at two o'clock in the afternoon of that day, and annually thereafter on the first Wednesday of June in each year, at such place in said village, and at such hour of the day as the directors for the time being shall appoint. Notice of such election shall be published once in each week for two successive weeks immediately preceding such election, in the newspaper Manner of published in said village. Each stockholder shall be entitled to one vote upon each share of stock held by him or her at the time of, and which shall have been held by him or her for thirty days next previous to such election. The elections shall be by ballot, and votes may be given either in person or by proxy. voting thereat. Directors may enforce collection of subscrip. tion to stock. § 7. The directors may require payment of subscriptions to the stock at such times and in such proportions as they shall see fit, under the penalty of forfeiting all stock and previous payments thereon, and may sue for and recover all such subscriptions. Notice of the time calls there stock and place of such payments shall be published for three Notice of weeks next preceding the time so fixed, once in each for, upon week, in the newspaper published in Chateaugay village. Holders. § 8. The directors shall annually appoint a president, Officers, a secretary and treasurer, and such other officers and agents as they shall from time to time deem necessary, and may remove all officers appointed by them, and appoint others in their places, and fill all vacancies in the offices; and they may make and ordain such by-laws By-laws. and regulations as they may deem necessary and proper for the management of their business, and for accomplishing the purposes of the corporation. may hold water 9. For the purpose of supplying Chateaugay vil- Company lage with pure and wholesome water, the said company real estate. may purchase, take and hold any real estate, and by their directors, agents, servants or other persons employed, may enter upon the lands of any person or persons, which may be necessary for said purpose, and may take such water from any springs, ponds or streams, as may be determined by the commissioners appointed as hereinafter named, and divert and convey the same to said village, and may lay and construct any pipes, conduits, May lay aqueducts, wells, reservoirs or other works or machinery pipes, etc. necessary or proper for said purpose, upon any lands so entered upon, purchased, taken or held. Said corpora- May enter tion may, as aforesaid, enter upon any lands, streets, streets, etc. highways, roads, lanes or public squares, through which they may deem it proper to convey the water from said springs, ponds, streams, wells and reservoirs, and lay and construct any pipes, conduits, aqueducts or other works for that purpose; leaving the said lands, streets, Lands, highways, roads, lanes and public squares, in the same etc., to be condition, as nearly as may be, as they were before said restored in entry, but the said company shall not lay and construct order. said pipes, conduits, aqueducts and other works, through any private garden or building lot, without the written consent of the owner thereof. § 10. Before entering, using or taking any land or water for the purposes of this act, the directors of said company shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes, and by which the land of each owner upon lands, streets, good Survey and lands to be filed. map of made and Notice of filing same; how to be served. Company may ac Commissioners to appraise damages. Notice to resident and occupant intended to be taken and used shall be designated; and which map shall be signed by the surveyor or engineer making the same, and by the president of said company, and be filed in the office of the clerk of the county of Franklin. Notice of the time and place of filing the same shall be given by said company to each person whose land or water it is proposed to take, such notice to be served in a manner prescribed in the next section of this act. The company, by any of its officers, agents or servants, may enter any lands for the purpose of making any examination, and of making said survey and map, doing no unnecessary damage. § 11. In case the said company cannot agree with the quire title. said owners and occupants of any lands or water intended to be taken or used as aforesaid, for the purchase thereof, the directors, upon giving such notice as is hereinafter required to be given by the commissioners, may apply to the supreme court, at any term or session thereof, held in the county of Franklin, or to the county court of the county of Franklin, for the appointment of three disinterested persons commissioners, who are hereby authorized to determine the compensation to be paid for damages suffered, by any person or persons by reason of taking said lands and water, and constructing any of the works of said company; and in case of the death, resignation, refusal or disability to act of any of said commissioners, the said court may appoint others in their places. The said owners of commissioners shall give to the owners of said land and water, a notice of at least twenty days, of the time and place of their meeting; such notice may be served on such owners personally, or by leaving the same at their dwellings with some person of suitable age; and in case of any legal disability of such owner to act, then upon fants, etc. serving notice in like manner upon his guardian or person appointed to act for him as hereinafter directed; and in case any of said owners cannot be found in this State, such notice shall be given to them by publishing the same for six weeks successively in the newspaper published in Chateaugay village, and the State paper; and if any of the 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 com lands. Notice to guardians, non-residents, in commis- Their com missioners, and take care of their interests in the prem- pay pensation. ings 12. The said company, or any party to the proceed- Appeals, ings of the said county commissioners, may appeal to the supreme court or the county court, and may also appeal from the county court to the supreme court, from any award or determination of the commissioners, pro- Proceedvided the party appealing shall, within ten days after thereon. 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 heer the said appeal, and may confirm the proceedings of the commission in relation to taking any land or water in whole or in part, or may increase or diminish the amount of compensation awarded by the said commissioners, and if their proceedings have in any case been irregular, the court may set the same aside, and order a new proceeding 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. § 13. If any person to whom any compensation shall be awarded, or who shall be entitled to the same by Payment and tende, of award! |